N.Y. General Municipal Law 786 – Court-ordered dissolution; judicial hearing officer
§ 786. Court-ordered dissolution; judicial hearing officer. 1. If the governing body of a local government entity with a duty to prepare and approve a proposed elector initiated dissolution plan pursuant to section seven hundred eighty-two of this title fails to prepare and approve such plan or is otherwise unable or unwilling to accomplish and complete the dissolution pursuant to the provisions of this article, then any five electors who signed the petition seeking dissolution may commence a special proceeding against the entity pursuant to Article 78 of the civil practice law and rules, in the supreme court within the judicial district in which the entity or the greater portion of its territory is located, to compel compliance with the provisions of this article.
Terms Used In N.Y. General Municipal Law 786
- Dissolution: shall mean the termination of the existence of a local government entity. See N.Y. General Municipal Law 750
- Dissolution plan: shall mean a written document that contains terms and information regarding the dissolution of a local government entity and that has been finalized and approved by such entity's governing body pursuant to this article. See N.Y. General Municipal Law 750
- Elector: shall mean a registered voter of this state registered to vote in the local government entity subject to consolidation or dissolution proceedings conducted pursuant to this article. See N.Y. General Municipal Law 750
- Elector initiated dissolution plan: shall mean a written document that contains terms and information regarding the dissolution of a local government entity, a majority of whose electors have voted to dissolve, that has been finalized and approved by such entity's governing body or a judicial hearing officer pursuant to this article. See N.Y. General Municipal Law 750
- entity: shall mean a town, village, district, special improvement district or other improvement district, including, but not limited to, special districts created pursuant to articles eleven, twelve, twelve-A or thirteen of the town law, library districts, and other districts created by law; provided, however, that a local government entity shall not include school districts, city districts or special purpose districts created by counties under county law. See N.Y. General Municipal Law 750
- Governing body: shall mean the body in which the general legislative, governmental and/or public powers of a local government entity are vested and by authority of which the official business of such entity is conducted. See N.Y. General Municipal Law 750
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Referendum: shall mean a vote seeking approval by a majority of electors of a local government entity or entities voting on a question of consolidation or dissolution placed on the ballot by initiative. See N.Y. General Municipal Law 750
2. If the petitioners in such special proceeding shall substantially prevail, then the court shall issue an injunction ordering the governing body to comply with the applicable provisions of this article. If the governing body violates the injunction, the court shall appoint a hearing officer pursuant to Article 43 of the civil practice law and rules to hear and determine an elector initiated dissolution plan for the entity that complies with the provisions of subdivision two of section seven hundred eighty-two of this title.
3. The final determination of the judicial hearing officer shall constitute the final approval of the elector initiated dissolution plan and provide that such plan takes effect forty-five days after the filing of such determination, unless a petition for a permissive referendum is properly filed pursuant to section seven hundred eighty-five of this title.
4. In any proceeding pursuant to this section in which the petitioners substantially prevail, the costs of such proceeding, including the costs of any judicial hearing officer appointed pursuant to subdivision two of this section, shall be borne by the local government entity at the rate provided for in Article 22 of the judiciary law and regulations promulgated pursuant thereto.