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This entry was published on 2014-09-22
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Publication; filing; judicial review
General Municipal (GMU) CHAPTER 24, ARTICLE 19-A
§ 980-h. Publication; filing; judicial review. (a) The municipal clerk
shall cause a certified copy of the local law of the legislative body
adopted pursuant to the provisions of this article establishing or
extending any district, or increasing the maximum total amount proposed
to be expended for the improvement in any district or extension, or
changing the method of assessment, or authorizing the district to incur
debt to provide for additional improvements or services within the
district, to be duly recorded in the municipal clerk's office within ten
days after such local law becomes effective. When so recorded this local
law shall be presumptive evidence of the regularity of the proceedings
for the establishment or extension of the district, of the proceedings
instituted for the construction of any improvement and of all other
actions taken in relation to it.

(b) Within ten days after the local law becomes effective, the
municipal clerk shall, in addition to any other filing required by law,
cause a certified copy thereof to be filed in the office of the state
comptroller at Albany, New York, and within two weeks thereafter shall
cause a copy of the local law or a summary thereof to be published at
least once in the official paper or newspaper of general circulation in
the municipality.

(c) This local law shall be final and conclusive unless a proceeding
to review is commenced in accordance with this subdivision. Any person
aggrieved by any local law adopted pursuant to this article may seek
judicial review of the local law in the manner provided by article
seventy-eight of the civil practice law and rules, provided the
proceeding is commenced within thirty days from the date of the
publication of the copy or summary of the local law pursuant to
subdivision (b) of this section. No review shall be had unless the
petitioner shall give an undertaking approved by the supreme court, or a
justice thereof, as to form, amount and sufficiency of sureties, that,
in the event of failure to modify the local law he will pay to the
municipality, all costs and expenses as are incurred by it on account of
the proceedings, as shall be determined by the court. In the event that
upon this review there shall be any modification by the court of the
local law, the court shall direct the modification by judgment which
shall be final and conclusive, and the municipal clerk shall cause the
judgment to be recorded and filed in the same places and manner as was
the local law which was modified.