New York Consolidated Laws, Village Law - VIL § 2-208 Decision to commence village incorporation election

1. Within ten days after such hearing is concluded the commission shall determine whether the petition complies with the requirements of this article and shall make and sign a decision as to whether a village incorporation shall proceed to election.  The commission's decision shall be based on an evidentiary record consisting of the incorporation petition, the study and all exhibits and certifications required by section 2-202 of this article, and any objections made pursuant to section 2-206 of this article.  If the members of the commission cannot agree, the decision shall be deemed to be adverse to the petition.  If the decision be adverse to the petition, the decision shall contain a brief statement of the reasons on which the adverse decision is based or the reasons on which the members of the commission determined not to proceed to a village incorporation election.

2. The original copy of the decision, copies of the notice of the hearing together with affidavits of posting and publishing same, the written objections and the minutes of proceedings taken on the hearing including signed testimony shall be filed by the commission within fifteen days after the hearing is concluded, with the town clerk of the same town in which the original copy of the petition was filed and the secretary of the state.  Duplicate copies of the said papers shall be filed with the town clerks of all towns in which any part of such territory is located.

3. If no proceeding be instituted to review such decision within thirty days after such filing of the original copy thereof, the decision shall be final and conclusive.  In the event that the decision is adverse to the petition, a new proceeding for incorporation may be commenced immediately.