New York Consolidated Laws

N.Y. Village Law § 2-202 (2026)

Petition for incorporation

✓ current as of May 2026

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§ 2-202 Petition for incorporation. 1. A proceeding for the
incorporation of such territory as a village shall commence with a
petition. The requirements for such petition are as follows:
  a. Petitioners. Signatures from at least twenty percent of the
residents of such territory qualified to vote for town officers in a
town in which all or part of such territory is located shall be required
in order to commence a proceeding for the incorporation of such
territory as a village.
  b. Contents of petition. The petition shall contain the following
information:
  (1) An allegation of the basis on which the petition is signed.
  (2) The name of the proposed village.
  (3) An allegation that such territory contains a population of at
least one thousand five hundred regular inhabitants.
  (4) The manner in which the area requirements of section 2-200 of this
article are satisfied.
  (5) A designation of at least one but no more than three persons,
giving full names and addresses, on whom and at which addresses all
papers required to be served in connection with the proceeding for
incorporation, shall be served. A majority of such designees must reside
in such territory.
  (6) Each page of the petition and all exhibits and certifications
shall be securely fastened together.
  c. Exhibits and certifications. Each copy of the petition shall have
attached thereto prior to the signature pages:
  (1) A description of such territory sufficient to identify the
location and extent of such territory with common certainty and which
shall be in one of the following forms or a combination thereof: (a) a
metes and bounds description; (b) a description made with reference to
existing streets and navigable waters or a combination of same; or (c) a
map showing existing streets and navigable waters or a combination of
same forming boundaries or metes and bounds or the entire boundaries of
one or more districts of an entire town.
  (2) A list of the names and address of the regular inhabitants of such
territory.
  (3) Study of proposed village and surrounding town or towns. A study
that addresses the fiscal, service, and taxation interests of the
population which would constitute the residents of such territory to be
incorporated as a village, as indicated in clause (a) of this
subparagraph, and that provides for an impact assessment that shall
evaluate the fiscal and operational effects of incorporation of the
proposed village on the surrounding town or towns wherein the village
would be incorporated, as indicated in clause (b) of this subparagraph.
The study shall include a certification that it sets forth all the
elements required by this section.
  (a) Fiscal, service, and taxation assessment of proposed village. An
assessment of the fiscal, service, and taxation interests of the
population which would constitute the residents of such territory to be
incorporated as a village, must include the following elements of the
proposed village:
  (i) Inventory. List the number of parcels by property classification.
For each such property, list the full valuation and taxable assessed
value as appearing on the most recent applicable final assessment roll.
  (ii) Taxes. Provide a fiscal estimate of all taxes that could be
collected for the structures and places listed on the inventory this
clause requires to be developed. The town or towns' current property tax
rate and assessment should be used in developing the fiscal estimate.
  (iii) Revenue. Other than taxes, list all other sources of revenue
expected to be generated for the area of the proposed village.
  (iv) Operations. Provide an estimate of what it would cost to operate
the proposed village listing expenditures required in connection with
the appointment or hiring of personnel to provide the services
identified pursuant to item (v) of this clause, the holding of meetings
of the board of trustees, and designating an official newspaper.
  (v) Services. List the municipal services currently provided within
the area of the proposed village and how such services are provided,
list all municipal services proposed to be provided upon incorporation
of the proposed village, and how such municipal services are expected to
be provided. Municipal services may include, but are not limited to:
police; fire; water; sewer; enforcement of any planning, zoning, and
land use regulations; and, enforcement of the New York state uniform
fire prevention and building code and energy conservation construction
code.
  (b) Impact assessment and study of surrounding town or towns. An
impact assessment that provides an evaluation of the fiscal and
operational effects of incorporation of the proposed village on the
surrounding town or towns wherein the village would be incorporated,
must include the following elements:
  (i) Revenue and expenditures. List the estimated taxes, other revenue
and expenditures for the area of the town or towns outside of the
proposed village.
  (ii) Fiscal impact. A description of the manner and means by which the
residents of the area of the town or towns outside the proposed village
will continue to be furnished municipal services following the village's
incorporation, an estimation of any change in the property tax rate for
the area of the town or towns outside of the proposed village to
continue such services. Provide such estimate with respect to the area
of the town or towns outside the proposed village services only.
  (iii) Economic impact. Assess the potential economic impact to the
town or towns outside of the proposed village upon incorporation of such
village.
  (iv) Land use impact. Assess the potential impact to the town or towns
outside of the proposed village from the loss of land use, planning and
zoning control within the area proposed to be incorporated.
  (c) Submission. The study must be submitted to the commission and
filed in the manner provided by this subdivision.
  d. Execution of petition. (1) The signatures to a petition shall be
subscribed on a separate page or pages following the exhibits.
  (2) Prefatory statement. Each signature page shall be prefaced by a
statement of the basis on which the petition is signed and of the
petitioners' familiarity with the contents and purpose thereof and the
boundaries of the territory sought to be incorporated.
  (3) Additional information. Following each signature there shall be
set forth, not necessarily by the signer, the signer's address
consisting of street name and number, if any, and town.
  (4) Authentication. There shall be set forth at the bottom of each
page of signatures an authenticating affidavit of a witness to the
signing thereof which shall be in substantially the following form:
STATE OF NEW YORK
COUNTY OF            ss.:
....................................................... being duly sworn,
(name of witness)
says:
I reside at ..................................................... in the
                       (street name and number)
................................. of ....................................
(town, city or village)                           (name of municipality)
............................................... in the State of New York:
I know each of the persons whose names are subscribed to the above sheet
having .................................... signatures; and each of them
              (number)
subscribed the same in my presence.
                                     ...................................
                                          (signature of witness)
Sworn to before me
This .................. day of ..................,  ....................
             (day)                  (month)               (year)
 ...............................
   (official title of officer)
  e. Filing and deposit. (1) Filing. The original petition, the study
and all exhibits and certifications required by this section shall be
filed with the commission. Duplicate originals, photocopies or other
similar reproductions of the original petition, the study and all
exhibits and certifications required by this section shall be filed with
the town clerk of each town in which any portion of such territory is
located.
  (2) Deposit. At the time of filing of the petition there shall be
deposited with the department of state, on behalf of the commission, the
sum of six thousand dollars to pay the cost of posting, publishing and
serving required notices, stenographic services and services of
inspectors of election in the event incorporation is not effected.
  2. Study attached to the petition. The study to be submitted shall be
a study prepared by a third-party jointly selected by the petitioner or
petitioners and the supervisors of the town or towns which shall be
confirmed in writing by the petitioner or petitioners and clerks of the
town or towns, or a study prepared pursuant to paragraph f of
subdivision two of section 2-260 of this article; and provided further,
that the department of state shall post such study on its website within
ten days of receiving the study from the petitioner or petitioners. Such
study shall be paid for by the petitioner or petitioners except in cases
where an appropriation has been provided to pay for the study.

Notes of Decisions

Cited in 20 cases (2 in the last 5 years), 1986–2023 · leading case: Defreestville Area Neighborhoods Ass'n v. Tazbir, 23 A.D.3d 70 (N.Y. App. Div. 2005).

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Defreestville Area Neighborhoods Ass'n v. Tazbir, 23 A.D.3d 70 (N.Y. App. Div. 2005). · cites it 13× “1 Specifically, after holding public hearings and considering objections to the petition from various parties, the Town Supervisor found that the petition for incorporation was legally deficient because it did not set forth the boundaries of the proposed territory with “common…”

Baker v. Heaney, 15 A.D.3d 577 (N.Y. App. Div. 2005). · cites it 2× “Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment, inter alia, declaring…”

LeBlanc-Sternberg v. Fletcher, 781 F. Supp. 261 (S.D.N.Y. 1991). “The Town Supervisor, within his or her discretion, determines the legal sufficiency of the petition which can then be challenged through an article 78 proceeding.”

Elevitch v. Colello, 168 A.D.2d 681 (N.Y. App. Div. 1990). · cites it 2× “The petition for incorporation was legally insufficient in that it did not include a "complete” list of the regular inhabitants of the territory in accordance with clear statutory mandate (see, Village Law § 2-202 [1] [c] [2]; Matter of Luria v Conklin, 139 AD2d 650 ; Matter of…”

In re Incorporation of the Proposed Vill. of Kaser, 123 A.D.2d 320 (N.Y. App. Div. 1986). · cites it 2× “Additionally, the map and written description of the boundaries of the petitioners’ proposed Village of Kaser, which defined certain *321 boundaries in terms of tax lot lines, failed to comply with Village Law § 2-202 (1) (c) (1), which specifically states which formats are…”

In re Incorporation of the Vill. of Viola Hills, 129 A.D.2d 579 (N.Y. App. Div. 1987). · cites it 2× “The appellant’s description of the proposed village was not sufficient to permit it to be identified with "common certainty” (Village Law § 2-202 [1] [c] [1]). Moreover, the petition was legally insufficient in that it was not accompanied by a complete list of the regular…”

In re Incorporation of the Vill. of Airmont, 144 A.D.2d 465 (N.Y. App. Div. 1988). · cites it 2× “The instant proceeding was commenced to challenge this determination on the ground that the description of the proposed village contained in the petition did not satisfy the requirements of Village Law § 2-202 (1) (c) (1). The statute provides: "c.”

Grumet v. Cuomo, 681 N.E.2d 340 (NY 1997). “Contrasting the constitutionally suspect creation of the Kiryas Joel School District with the process by which the Village itself had been formed pursuant to a religion-neutral State law of general applicability (see, Village Law § 2-202), the Court concluded: "Because the…”

Luria v. Conklin, 139 A.D.2d 650 (N.Y. App. Div. 1988). “The petition for incorporation was legally insufficient in that it did not include a complete list of the regular inhabitants of the territory in accordance with the clear statutory mandate (see, Village Law § 2-202 [1] [c] [2]; Matter of Village of Viola Hills [Lempert —…”

Venne v. Sanford, 25 A.D.3d 1007 (N.Y. App. Div. 2006). “When such a territory has been defined, a petition to incorporate it as a village may be presented to the town supervisor if at least 20% of the residents of the territory qualified to vote for town officers sign the petition (see Village Law § 2-202 [1] [a] [1]). Here, the…”

Larkin v. Colello, 131 Misc. 2d 790 (N.Y. Sup. Ct. 1986). · cites it 7× “The main issue in this action is whether the petition to incorporate the proposed Village of Palisades complied with the provisions of Village Law § 2-202 (1) (a) (1) which requires that the petition contain signatures by "[20%] of the residents of such territory qualified to…”

Barnard v. St. Lawrence, 44 A.D.3d 1037 (N.Y. App. Div. 2007). · cites it 2× “In support of his determination that the petition for incorporation of a village was not legally sufficient, Christopher St. Lawrence, in his capacity as Supervisor of the Town of Ramapo, found that the petitioners failed to attach, to the petition, a complete and accurate list…”

Show all 20 citing cases →

— N.Y. Village Law § 2-202(1)(c)(1) — 2 cases

Matter of Bernstein v. Feiner, 2018 NY Slip Op 6900 (N.Y. App. Div. 2018).

McNally v. Feiner, 2021 NY Slip Op 08185 (N.Y. App. Div. 2021).

— N.Y. Village Law § 2-202(1)(c)(2) — 1 case

McNally v. Feiner, 2021 NY Slip Op 08185 (N.Y. App. Div. 2021).

— N.Y. Village Law § 2-202(1)(f)(2) — 1 case

Matter of Wagschal v. Cardone, 2023 NY Slip Op 01898 (N.Y. App. Div. 2023).

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