980-H - Publication; filing; judicial review.

§ 980-h. Publication; filing; judicial review. (a) The municipal clerk  shall  cause  a  certified copy of the local law of the legislative body  adopted pursuant to the  provisions  of  this  article  establishing  or  extending  any district, or increasing the maximum total amount proposed  to be expended for the improvement in  any  district  or  extension,  or  changing  the method of assessment, or authorizing the district to incur  debt to provide for  additional  improvements  or  services  within  the  district, to be duly recorded in the municipal clerk's office within ten  days after such local law becomes effective. When so recorded this local  law  shall  be presumptive evidence of the regularity of the proceedings  for the establishment or extension of the district, of  the  proceedings  instituted  for  the  construction  of  any improvement and of all other  actions taken in relation to it.    (b) Within ten  days  after  the  local  law  becomes  effective,  the  municipal  clerk shall, in addition to any other filing required by law,  cause a certified copy thereof to be filed in the office  of  the  state  comptroller  at  Albany, New York, and within two weeks thereafter shall  cause a copy of the local law or a summary thereof to  be  published  at  least  once in the official paper or newspaper of general circulation in  the municipality.    (c) This local law shall be final and conclusive unless  a  proceeding  to  review  is commenced in accordance with this subdivision. Any person  aggrieved by any local law adopted pursuant to  this  article  may  seek  judicial  review  of  the  local  law  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  publication of the  copy  or  summary  of  the  local  law  pursuant  to  subdivision  (b)  of  this  section.  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 the local law he will pay to the  municipality, all costs and expenses as are incurred by it on account of  the proceedings, as shall be determined by the court. In the event  that  upon  this  review  there  shall be any modification by the court of the  local law, the court shall direct the  modification  by  judgment  which  shall  be  final and conclusive, and the municipal clerk shall cause the  judgment to be recorded and filed in the same places and manner  as  was  the local law which was modified.