2023 New York Laws › GMU - General Municipal › Article 17 - Municipal Annexation Law › 712 - Adjudication and Determination in the Supreme Court.

§  712. Adjudication and determination in the supreme court. 1. In the
  event that one or more but not  all  of  the  governing  boards  of  the
  affected  local  governments  shall  determine  that  it  is  not in the
  over-all  public  interest  to  approve  the  proposed  annexation,  the
  governing  board of any other affected local government may apply to the
  appellate  division  of  the  supreme   court   for   adjudication   and
  determination,  on  the  law  and  facts,  of  the  issue of whether the
  proposed annexation is in the over-all public interest.
2. A  proceeding  brought  under  this  section  shall  be  a  special
  proceeding  and,  except as otherwise provided herein, shall be governed
  by the provisions of article four of the civil practice law  and  rules.
  Such  proceeding shall be brought in the judicial district embracing any
  county in which all or part of the territory proposed to be  annexed  is
  located, within thirty days after the filing in the office of the county
  clerk of the order by which such determination was made.
3.  The  appellate  division may stay or transfer and consolidate with
  the proceeding brought pursuant to subdivision one of this  section  any
  other  proceeding  brought  against  one  of the parties pursuant to the
  provisions of article seventy-eight of the civil practice law and  rules
  concerning  a matter described in paragraphs a, b, c or d of subdivision
  one of section seven hundred five of this article  and  pending  in  any
  court.
4.  Notwithstanding  the provisions of section four hundred one of the
  civil practice law and rules or any other general or special law,  after
  a  proceeding  is commenced pursuant to subdivision one of this section,
  intervention in such proceeding shall be allowed the  following  parties
  as  a  matter of right provided they shall have appeared formally at the
  hearing held pursuant to section seven hundred five of this article:
a. Any school district, fire district or other  district  corporation,
  public  benefit  corporation (where a majority of the governing board of
  such public benefit corporation is appointed by an officer or  board  of
  one  or  more  of  the  affected  local  governments), or town or county
  improvement  district,  situated  wholly  or  partly  in  the  territory
  proposed to be annexed.
b.  Any owner of taxable property located in the territory proposed to
  be annexed.
5. In the event of default in appearance of all necessary  respondents
  and  failure  to  intervene  on  the  part  of  any  party  described in
  subdivision four of this section no  triable  issue  of  fact  shall  be
  deemed   to  have  been  raised,  and  the  court  may  make  a  summary
  determination upon the pleadings and record.
6. The court, by order of reference, shall designate  three  referees,
  one  of whom shall be either a justice of the supreme court or a retired
  justice of the supreme court or any judge temporarily  assigned  to  the
  supreme  court,  to hear and report to the court after a trial conducted
  in the same manner as a court  trying  an  issue  without  a  jury.  The
  provisions  of  article  forty-four  of the civil practice law and rules
  applicable to trial by the court shall apply to a reference pursuant  to
  this section.
7.  In  order  that the issues in such proceeding may be determined in
  advance so far as practicable and that the parties may be encouraged  to
  stipulate  and  agree  on  questions of law and fact which may not be in
  dispute, a pre-trial conference shall be held by  one  or  more  of  the
  referees so designated. At such pre-trial conference, upon such terms as
  in  his  or  their  discretion  may seem proper, the referee or referees
  holding such pre-trial conference may:
a.  Direct  pre-trial  disclosure  of  evidence  and   discovery   and
  inspection of books, records and documents;
b. Permit the taking of depositions for use at the trial;
c. Limit or restrict the number of experts to be heard as witnesses;
d. Clarify and define the issues to be tried.
8.  Before  the  case is finally submitted to the referees the parties
  shall be given an opportunity to submit requests for  proposed  findings
  of fact.
9. The referees shall file their report setting forth findings of fact
  and  conclusions  of  law within thirty days after the matter is finally
  submitted. The referees' findings on the issue of whether the annexation
  is in the over-all public interest may be based on  provisions  for  the
  adjustment  of  indebtedness  and liabilities or disposition of property
  prescribed in  subdivision  one  of  section  seven  hundred  seven  and
  subdivision one of section seven hundred eight of this article for cases
  where  no agreement governing such adjustments or disposition shall have
  been executed, or such findings may be based on alternative  adjustments
  as  recommended  in  the  report  and  which might have been agreed upon
  pursuant to the other provisions  of  such  sections.  Unless  otherwise
  stipulated,  a transcript of the testimony together with the exhibits or
  copies thereof shall be filed with the report.
10. Upon receipt of  the  referees'  report,  the  appellate  division
  shall,  after  hearing oral argument on the report of the referees, make
  its own adjudication and determination, on the law and the facts, on all
  questions presented to the referees and substitute its judgment for that
  of any of the governing boards of the local governments as made in their
  respective determinations and enter its judgment on the issue of whether
  the annexation is in the over-all public interest and on any question of
  compliance  with  procedural  provisions  of  this  article  where  such
  questions   are  before  it.  Such  determinations  shall  also  include
  directions of the court, if any, as to the manner in which  indebtedness
  or  other liabilities shall be assumed and property shall be disposed of
  subject to the provisions of sections  seven  hundred  seven  and  seven
  hundred eight of this article.
11.  Costs shall not be allowed against any governing board of a local
  government in a proceeding brought under subdivision one of this section
  to review a  determination  of  a  governing  board  unless  such  local
  government fails to respond to the petition filed in such proceeding.
12.  A  final  judgment  pursuant  to  this  section  or an order of a
  governing board of  a  local  government  determining  that  a  proposed
  annexation  is not in the over-all public interest shall not be a bar to
  the filing of a new petition for the same annexation.