209-G - Recording of determination; review by certiorari.
§ 209-g. Recording of determination; review by certiorari. 1. The town clerk shall cause a certified copy of the final order of the town board adopted pursuant to the provisions of this article, establishing or extending any district, or increasing the maximum amount proposed to be expended for the improvement in any district or extension thereof, or determining to construct any improvement authorized by this article, to be duly recorded in the office of the clerk of the county in which the town is located, within ten days after the adoption of such order or determination by the town board, and when so recorded such determination or order shall be presumptive evidence of the regularity of the proceedings for the establishment or extension of such district, of the proceedings instituted for the construction of such improvement and of all other action taken by said town board in relation thereto. Within ten days after the adoption of the final order by the town board establishing or extending a district, the town clerk shall cause a certified copy thereof to be filed in the office of the state department of audit and control at Albany, New York. 2. Any interested person aggrieved by any final determination or order made pursuant to the provisions of this article may review the same in the manner provided by article seventy-eight of the civil practice law and rules provided the proceeding is commenced within thirty days from the date of the recording of the certified copy of the order or determination in the office of the clerk of the county. The said determination or order shall be final and conclusive unless a proceeding to review is commenced within thirty days from the time of recording thereof. No review shall be had unless the petitioner shall give an undertaking approved by the supreme court, or a justice thereof, as to form, amount and sufficiency of sureties, that, in the event of failure to modify said final determination or order he will pay to the town board, all such costs and expenses as are incurred by it on account of the said proceedings, as shall be determined by the court. In the event that upon such review there shall be any modification by the court of said final determination or order the court shall direct the modification thereof by judgment which shall be final and conclusive and such town board shall cause such judgment to be recorded and filed in the same places and manner as was the determination or order appealed from.