New York Consolidated Laws
N.Y. Village Law § 2-204 (2026)
Notice of hearing
✓ current as of May 2026
Find cases:
SyfertCases citing this section
NY-LEGnysenate.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
§ 2-204 Notice of hearing. 1. No later than three days after the filing of a petition, the study and all exhibits and certifications required by section 2-202 of this article or copies thereof, the commission shall direct the town clerk of each town in which any portion of such territory is located to cause to be posted in six public places of the portion of the territory of each town where such proposed village is to be located and also to be published at least twice in the newspaper or newspapers designated pursuant to subdivision eleven of section sixty-four of the town law, a notice issued by the commission: that a petition for the incorporation of the village of (naming it) has been received; that at a place in such territory and on a day, not less than one hundred nor more than one hundred twenty days after the date of the posting and first publication of such notice, which date and place shall be specified therein, a hearing will be had upon such petition; that such petition, the study and all exhibits and certifications required by section 2-202 of this article, will be available for public inspection in the office of each town clerk and on the website of the department of state until the date of such hearing; that the purpose of the hearing is to consider whether the village incorporation petition meets all requirements of this article; that objections to the sufficiency of the petition must be in writing and signed by one or more of the residents of such town; and that any group of persons having one or more objections in common may make designation in writing and signed by them of at least one but no more than three persons giving the 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. Within five days of receiving direction from the commission pursuant to this subdivision, the town clerk or clerks shall provide to the commission a list of the six locations where such notices are to be posted. Should the commission object to any such locations submitted by the town clerk or clerks, the commission shall, no later than seven days after receipt of such list of locations, direct the town clerk or clerks to post such notices in alternative locations designated by the commission. The postings of such notices shall be made by the town clerk or clerks no later than twenty days after the filing of such petition, the study and all exhibits and certifications required by section 2-202 of this article or copies thereof. A majority of such designees must reside in such town or towns. In the absence of any other suitable place, such hearing shall be held in a school building, if any, located in such territory. If such territory is located in more than one town that fact shall be included in the notice of hearing. For the purposes of this section, in the event that the town maintains a website, one of the posting requirements required by this section may be fulfilled by posting such information on the town's website. 2. The department of state shall post the study on the department of state's website beginning at such time as required by section 2-202 of this article at least until the procedures pursuant to section 2-234 or 2-236 of this article are satisfied, whichever occurs sooner.
Notes of Decisions
Cited in 4
cases, 1986–2015 · leading case: Fagelson v. McGowan, 301 A.D.2d 652 (N.Y. App. Div. 2003).
Fagelson v. McGowan, 301 A.D.2d 652 (N.Y. App. Div. 2003). “uant to Village Law § 2-210 (4) (b), Fagelson was required to serve copies of the papers submitted in connection with the instant proceeding on any individual objector who submitted objections in writing to the petition for incorporation and on any persons who were designated in…”
O'Keeffe v. Bonelli, 170 Misc. 2d 218 (N.Y. Sup. Ct. 1996). “No resolution of the dispute was reached, and respondent has refused to take any steps to bring the Petition before a public hearing, as required by Village Law § 2-204. Consequently, petitioner commenced this CPLR article 78 proceeding seeking an order compelling respondent to…”
Commandeer Realty Assocs., Inc. v. Allegro, 49 Misc. 3d 891 (N.Y. Sup. Ct. 2015). “existing political boundaries, the process of incorporation is similar to the process of annexation, among other ways, in that both processes may be commenced by the filing of a petition by 20% of the residents or 50% of the owners of taxable property (compare Village Law §…”
Larkin v. Colello, 131 Misc. 2d 790 (N.Y. Sup. Ct. 1986). “(Village Law §§ 2-204, 2-210 [4] [b].) Respondents Hall and Colello oppose the instant application.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.