NY Gen Mun L § 764 (2021)
2021 New York Laws GMU - General Municipal Article 17-A - Consolidation and Dissolution of Local Government Title 2 - Consolidation of Local Government Entities 764 - Court-Ordered Consolidation; Mediation; Judicial Hearing Officer.

§   764.  Court-ordered  consolidation;  mediation;  judicial  hearing   officer. 1. If the governing body or bodies of local government entities   with a  duty  to  prepare  and  approve  a  proposed  elector  initiated   consolidation plan pursuant to section seven hundred sixty of this title   fail  to  prepare  and  approve  such  plan  or  are otherwise unable or   unwilling to accomplish and complete the consolidation pursuant  to  the   provisions of this title, then any five electors who signed the petition   seeking  consolidation  may  commence  a  special proceeding against the   entities pursuant to article seventy-eight of the civil practice law and   rules, in the supreme court within the judicial district  in  which  the   consolidated  local  government  entity  or  the  greater portion of its   territory will be located, to compel compliance with the  provisions  of   this article.2.  If  the court finds that the governing body or bodies attempted in   good  faith  to  prepare  and  approve  a  proposed  elector   initiated   consolidation  plan  but  were nevertheless unsuccessful, then the court   may refer such matter to mediation pursuant to law, with costs  of  such   mediation  to  be  borne by the entities in such proportion as the court   shall determine based on appropriate factors  including  population  and   the good faith efforts of the respective entities. If the governing body   or  bodies  thereupon  prepare  and approve a proposed elector initiated   consolidation plan conforming to the requirements of subdivision two  of   section  seven  hundred  sixty  of  this  title,  then the provisions of   sections seven hundred sixty-one,  seven  hundred  sixty-two  and  seven   hundred  sixty-three  of this title shall apply as if the governing body   or bodies had proposed such plan without the  benefit  of  court-ordered   mediation.3.  In  all other cases, if the petitioners in such special proceeding   shall substantially prevail, then the court shall  issue  an  injunction   ordering  the  governing body or bodies of the local government entities   to comply with  the  applicable  provisions  of  this  article.  If  the   governing  body  or  bodies shall violate the injunction, then the court   shall appoint a judicial hearing officer pursuant to article forty-three   of the civil practice law and rules to hear  and  determine  an  elector   initiated  consolidation  plan  for  the entities that complies with the   provisions of subdivision two of section seven  hundred  sixty  of  this   title.4.  The  final  determination  of  the  judicial hearing officer shall   constitute final approval of the elector  initiated  consolidation  plan   and  provide  such plan takes effect forty five days after the filing of   such determination with the clerk of the court, unless a petition for  a   permissive  referendum  is  properly  filed  pursuant  to  section seven   hundred sixty-three of this title.5. 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  three   of  this  section,  shall  be  borne  by  the  local government entities   proportionately, at the rate provided for in article twenty-two  of  the   judiciary  law  and  regulations  promulgated  pursuant thereto based on   appropriate factors, including, but not limited to, population  and  the   court's  findings  regarding  the  good  faith efforts of the respective   entities.