N.Y. Laws » CHAPTER Town / ARTICLE Permissive Referendum
New York Consolidated Laws

N.Y. Town Law § 91 (2026)

Referendum on petition

✓ current as of May 2026
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§ 91. Referendum on petition. Any such resolution or act of the town
board as set forth in the preceding section shall not take effect until
thirty days after its adoption; nor until approved by the affirmative
vote of a majority of the qualified electors of such town or district
affected, voting on such proposition, if within thirty days after its
adoption there be filed with the town clerk a petition signed, and
acknowledged or proved, or authenticated by electors of the town
qualified to vote upon a proposition to raise and expend money, in
number equal to at least five per centum of the total vote cast for
governor in said town at the last general election held for the election
of state officers, but which shall not be less than one hundred in a
town of the first class nor less than twenty-five in a town of the
second class, protesting against such act or resolution and requesting
that it be submitted to the qualified electors of the town or district
affected, for their approval or disapproval. If such petition be so
filed not more than one hundred five days nor less than ninety days
prior to a biennial town election, a proposition for the approval of
such act or resolution shall be submitted at such biennial town
election. If a petition be so filed at any other time, a proposition for
the approval of such act or resolution shall be submitted at a special
town election to be held not less than ninety nor more than one hundred
five days after the filing of such petition. The petition may be made
upon separate sheets and the signatures to each sheet shall be
authenticated in the manner provided by the election law for the
authentication of nominating petitions. The several sheets so signed and
authenticated when fastened together and offered for filing shall be
deemed to constitute one petition. If, within five days after the filing
of such petition, a written objection thereto be filed with the town
clerk, and a verified petition setting forth the objections be presented
by the person so filing such objections to the supreme court or any
justice thereof of the judicial district in which such town is located,
such court or justice within twenty days shall determine any question
arising thereunder and make such order as justice may require. Such
proceeding shall be heard and determined in the manner prescribed by
section 16-116 of the election law.
Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1985–2025 · leading case: Brunner v. Geneseo, 4 Misc. 3d 688 (N.Y. Sup. Ct. 2004).
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Brunner v. Geneseo, 4 Misc. 3d 688 (N.Y. Sup. Ct. 2004). · cites it 6× “In this special proceeding, petitioner seeks an order annulling, vacating and setting aside all three March 11, 2004 resolutions of the Geneseo Town Board arguing that the special referendum was invalid because it was held in violation of Town Law § 91. Town Law § 91, when read…”
Millar v. Tolly, 252 A.D.2d 872 (N.Y. App. Div. 3d Dep't 1998). · cites it 2× “), entered February 11, 1998 in Delaware County, which, in a proceeding brought pursuant to Town Law § 91, dismissed petitioner’s application, sua sponte, for lack of jurisdiction, and (2) from an order of said court, entered March 31, 1998, which denied petitioner’s motion for…”
Santoro v. Schreiber, 263 A.D.2d 953 (N.Y. App. Div. 4th Dep't 1999). · cites it 2× “Nesbitt (petitioner), a member of the Town Board of the Town of Webster (Town) and the Water Commissioner for the Town, filed written objections and commenced this special proceeding pursuant to Town Law § 91, seeking to invalidate 23 petitions for permissive referenda signed…”
Fossella v. Dinkins, 114 A.D.2d 340 (N.Y. App. Div. 2d Dep't 1985). “, County Law § 101 [3]; Town Law § 91; Village Law § 9-902 [9]) reveals that there is a vast difference between the act of filing an objection with a specified officer and the act of commencing a civil judicial proceeding.”
Mathewson v. Town of Kent, 41 Misc. 3d 572 (N.Y. Sup. Ct. 2013). · cites it 3× “Order to show cause and verified petition seeking a declaratory judgment pursuant to CPLR article 78, CPLR 3001 and Town Law § 91 that a petition requesting a permissive referendum in the Town of Kent be declared null and void as a matter of law, and cross motion of…”
Donohue v. Town of Hamburg, 143 Misc. 2d 951 (N.Y. Sup. Ct. 1989). “n thereto be filed with the town clerk, and a verified petition setting forth the objections be presented by the person so filing such objections to the supreme court or any justice thereof of the judicial district in which such town is located, such court or justice within…”
Matter of Long v. Town of Caroga, 2023 NY Slip Op 04352 (N.Y. App. Div. 3d Dep't 2023). · cites it 12× “On October 11, 2022, petitioner filed three separate petitions with respondent Linda Gilbert, the Town Clerk, requesting, pursuant to Town Law § 91, that a permissive referendum be held on each of the three bond resolutions adopted by the Board.”
Chiocchi v. Town of Montgomery, 120 A.D.2d 479 (N.Y. App. Div. 2d Dep't 1986). “Similarly, plaintiffs had 30 days from the date of the filing of the resolution with the Town Clerk within which to file a petition seeking to subject the resolution to a permissive referendum (see, Town Law §§ 91, 209-e). Since the plaintiffs failed to timely seek a permissive…”
Rust v. Town of Hamburg, 2025 NY Slip Op 51805(U) (N.Y. Sup. Ct., Erie Cty. 2025). · cites it 6× “The Town gave notice of the resolution which triggered a thirty day period for filing of any petitions protesting against such resolution and have the measure submitted to a referendum vote of the qualified electors of the Town as set forth in Town Law § 91. Such petitions were…”
Matter of Merlin Entertainments Grp. U.S. Holdings, Inc. v. 409 Signatories to the challenged Referendum Petition, 2018 NY Slip Op 2627 (N.Y. App. Div. 2d Dep't 2018). · cites it 7× “" On October 18, 2017, Merlin, and Jennifer Karon, a resident of the Town, filed written objections to the referendum petition and, thereafter, commenced a proceeding pursuant to Town Law § 91 to invalidate the referendum petition on the ground that it failed to set forth "the…”
Gomberg v. Gorman, 117 A.D.2d 583 (N.Y. App. Div. 2d Dep't 1986). “Election Law § 6-130, which requires inclusion of the election districts, applies to referendum petitions governed by *585 Town Law § 91 (Matter of Lindley v Babylon Town Clerk, 80 AD2d 879 , affd 53 NY2d 683 ).”
In re Podlas, 167 A.D.2d 971 (N.Y. App. Div. 4th Dep't 1990). · cites it 3× “” Two petitions duly subscribed and acknowledged by electors of the town were timely filed with the Town Clerk (see, Town Law § 91). One petition purported to seek a referendum pursuant to section 81 of the Town Law on whether a golf course should be built.”
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