2023 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.