New York Consolidated Laws

N.Y. Village Law § 2-206 (2026)

Proceeding on hearing

✓ current as of May 2026

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§ 2-206 Proceeding on hearing. 1. The commission shall meet at the
time and place specified in such notice and shall hear objections which
may be presented as to the incorporation based upon any of the following
grounds:
  a. That a person signing such petition was not qualified therefor;
  b. That the petition does not contain the signatures of at least
twenty percent of the residents in such territory qualified to vote for
officers of a town in which all or part of such territory is located;
  c. That such territory is part of a city or village;
  d. That if such territory is less than an entire town, it contains
more than five square miles and the limits of such territory are not
coterminous with the entire boundaries of one school, fire, fire
protection, fire alarm, town special or town improvement district and
the limits of such territory are not coterminous with parts of the
boundaries of more than one school, fire, fire protection, fire alarm,
town special or town improvement district, all of which are wholly
contained within such limits and within one town;
  e. That such territory does not contain a population of at least one
thousand five hundred regular inhabitants;
  f. That the petition in any other specified respect does not conform
to the requirements of this article;
  g. That a study as required by section 2-202 of this article has not
been submitted and made available to the public for public review for at
least ninety days before the hearing required by this article;
  h. That the proposed village is incapable of providing services;
  i. That the tax revenue collected by such proposed village would not
sufficiently defray the cost of municipal services at a property tax
rate that favorably compares to the property tax rate of the town or
towns; or
  j. That the incorporation would increase tax burdens on those located
in the town or towns within which such proposed village would be
established.
  2. The commission shall conduct the hearing.
  3. All objections must be in writing and signed by one or more
residents qualified to vote for town offices a town in which all or part
of such territory of the proposed village is located. Testimony as to
objections may be taken at the hearing which shall be reduced to writing
and subscribed by those testifying. All written objections and signed
testimony shall clearly state the name and address of the objector.
  4. The hearing may be adjourned but must be concluded within twenty
days from the date fixed in the notice of hearing.
  5. The town clerk and any other official or employee of each town in
which any portion of such territory is located shall assist the
commission in verifying the validity of the petition in connection with
any objection raised pursuant to paragraph a or b of subdivision one of
this section.

Notes of Decisions

Cited in 6 cases, 1986–2006 · 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 2× “shall clearly state the name and address of the objector” (Village Law § 2-206 [3] [emphasis added]).”

Baker v. Heaney, 15 A.D.3d 577 (N.Y. App. Div. 2005). “Contrary to the appellants’ contention, the Town Supervisor properly considered certain written statements and sworn af *579 fidavits which did not meet the statutory requirements for written objections (see Village Law § 2-206 [4]), since those same statements were also annexed…”

Venne v. Sanford, 25 A.D.3d 1007 (N.Y. App. Div. 2006). “By statute, the objectors have the burden of proof on all of their objections (see Village Law § 2-206 [3]). To qualify for incorporation as a village, a territory must have a population of at least 500 regular inhabitants within an area of not more than five square miles (see…”

Defreestville Area Neighborhoods Ass'n v. Tazbir, 7 Misc. 3d 412 (N.Y. Sup. Ct. 2005). · cites it 5× “While any voter within the town is permitted to file objections (Village Law § 2-206 [3]), the grounds for objecting (Village Law § 2-206 [1] [a]-[g]) are limited to the sufficiency of the petition and matters within the proposed village, rather than the interests of the town as…”

Larkin v. Colello, 131 Misc. 2d 790 (N.Y. Sup. Ct. 1986). “There was no such evidence presented at the hearing before Supervisor Colello; accordingly, the respondent objector failed to satisfy her burden in demonstrating that petitioner did not have 20% of the required signatures, a burden which the objector clearly has pursuant to…”

In re Regula, 138 Misc. 2d 634 (N.Y. Sup. Ct. 1988). “The court rejects the contention that the challenge to the subject map was required to have been raised pursuant to Village Law § 2-206 since a hearing pursuant to that section precedes the posting of notices of the election.”

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