2-210 Review of decision. 1. The decision of the supervisor or supervisors as to the legal sufficiency of the petition shall be subject to judicial review in the manner provided in article seventy-eight of the civil practice law and rules. Such proceeding may be brought on the ground or grounds that said decision is illegal, based on insufficient evidence, or contrary to the weight of evidence. If the court determines that additional testimony or evidence is necessary for the proper disposition of the matter it may take such evidence or testimony or appoint a referee to take such evidence or testimony as it may direct and report the same to the court with his findings of fact and conclusions of law which shall constitute a part of the proceeding upon which the determination of the court shall be made. The court may reverse or affirm on the basis of law and fact as determined by the court.
2. Such proceeding must be instituted within thirty days after the filing of the original copy of such decision as required by section 2-208 of this article.
3. The proceeding may only be instituted by a resident in a town in which a part of such territory is located.
4. In addition to the requirements of said article seventy-eight:
a. Notice of such a proceeding shall be given to the town clerk of each town in which any part of such territory is located. He shall cause same to be filed in his office.
b. If the proceeding be brought to review a decision adverse to the petition, copies of all papers in connection therewith shall be served on all persons designated by objectors to the petition pursuant to section 2-204 of this article and on all other objectors who have made no such designations and whose objections were submitted in writing and signed. Service shall be sufficient if made either personally or by certified mail with a return receipt.
c. If the proceeding be brought to review a decision sustaining the petition, copies of all papers in connection therewith shall be served on all persons designated in the petition to receive same.
d. All persons served pursuant to paragraphs b and c of this subdivision shall be parties to such proceeding under said article seventy-eight.
e. All issues in any proceeding hereunder shall have preference over all other civil actions and proceedings.
5. The successful party to any such proceeding shall file a certified copy of the decision and order in the office of the clerk of each town in which any part of such territory is located.
Last modified: February 3, 2019