NY Gen Mun L § 711 (2021)
2021 New York Laws GMU - General Municipal Article 17 - Municipal Annexation Law 711 - Determination After Hearing.

§  711.  Determination  after hearing. 1. Within ninety days after the   hearing held pursuant to section seven hundred five of this  article  is   concluded,  the  governing board of each affected local government shall   determine by a majority vote of its total voting  strength  whether  the   petition  or  joint  resolution to initiate annexation complies with the   provisions of this article and whether, on the basis  of  considerations   including  but not limited to those relating to the effects upon (a) the   territory  proposed  to  be  annexed,  (b)  the  local   government   or   governments  to  which  the territory is proposed to be annexed, (c) the   remaining area of the local  government  or  governments  in  which  the   territory  is  situated  and  (d)  any school district, fire district or   other district corporation, public benefit corporation, fire  protection   district,  fire  alarm  district or town or county improvement district,   situated wholly or partly in such  territory,  it  is  in  the  over-all   public interest to approve such proposed annexation.2. a. At such time, each such governing board shall adopt a resolution   which  shall include findings with respect to compliance of the petition   or joint resolution to initiate annexation, with the provisions of  this   article  and  with  respect to the effect of such proposed annexation on   the over-all public interest. In the case of a governing board which has   executed any agreement described in subdivision  two  of  section  seven   hundred  seven or subdivision two of section seven hundred eight of this   article relating to the assumption of indebtedness or other  liabilities   or  the  disposition  of property rights in the event of annexation, its   findings with respect to the effect of such annexation on  the  over-all   public  interest  shall be based on and include the terms and conditions   of such agreement to  the  extent  applicable.  Where  no  agreement  as   described  herein  governs  the  assumption  of  indebtedness  or  other   liabilities or the disposition of property, such findings shall be based   on and include provisions  concerning  such  assumption  or  disposition   prescribed  in  subdivision  one  of  section  seven  hundred  seven  or   subdivision one of section seven hundred eight of this article,  as  the   case may be.b.  Each  such  board  shall  thereupon  make and sign a written order   accordingly  containing  its  determination  and  file  copies  thereof,   together  with  copies  of  the agreement, if any, the petition or joint   resolution to initiate annexation, the notice, the  written  objections,   if  any,  and testimony and minutes of proceedings taken and kept on the   hearing, in the  offices  of  the  clerks  of  all  the  affected  local   governments.  In the event that the governing board of an affected local   government does not make, sign and file a written order as  required  by   this  section, such governing board shall be deemed to have approved the   proposed annexation as  of  the  expiration  of  the  ninety-day  period   provided in subdivision one of this section.3.  A  determination  of  a  governing  board  of  an  affected  local   government concerning a matter described in paragraphs a, b, c or  d  of   subdivision  one  of section seven hundred five of this article shall be   subject to judicial review as provided in article seventy-eight  of  the   civil  practice  law  and  rules  except  that  it must be instituted as   therein provided within thirty days after the filing of  such  order  as   required by subdivision two of this section.4. If the governing boards of all the affected local governments shall   determine  either  that  it  is or that it is not in the over-all public   interest to approve the proposed annexation, such determination shall be   final and conclusive.5. If any of such governing boards, but not all, shall determine  that   it  is  not  in  the  over-all  public  interest to approve the proposed   annexation, certified copies of the respective orders of such boards, in    addition to being filed as provided in subdivision two of this  section,   shall  also be filed in the office of the county clerk of each county in   which the territory proposed to be annexed is situated.