N.Y. Laws » CHAPTER Village / ARTICLE Incorporation
New York Consolidated Laws

N.Y. Village Law § 2-208 (2026)

Decision to commence village incorporation election

✓ text as retrieved May 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar 
§ 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.
Notes of Decisions
Cited in 5 cases, 1989–2006 · leading case: Fagelson v. McGowan, 301 A.D.2d 652 (N.Y. App. Div. 2d Dep't 2003).
Sort: Relevance Newest Treatment
Fagelson v. McGowan, 301 A.D.2d 652 (N.Y. App. Div. 2d Dep't 2003). “Since the statute of limitations has expired, Finnerty and Savino may not now be joined as parties (see Village Law § 2-208 [2]; § 2-210 [2]; Matter of Marin v Board of Elections of *653 State of N.”
Jones v. Deutsch, 715 F. Supp. 1237 (S.D.N.Y. 1989). “N.Y. Village Law §§ 2-208 , 2-210, 2-222, & 2-224 (McKinney 1973 & Supp.”
Atkins Bros. v. Conroy, 31 A.D.3d 539 (N.Y. App. Div. 2d Dep't 2006). “Furthermore, a proceeding to challenge a supervisor’s determination upholding the legal sufficiency of an incorporation petition must be instituted within 30 days after the filing of the original determination (see Village Law §§ 2-208, 2-210 [2]). In this case, the petitioners’…”
Defreestville Area Neighborhoods Ass'n v. Tazbir, 7 Misc. 3d 412 (N.Y. Sup. Ct. 2005). “Supervisors are limited to considering only “whether the petition complies with the requirements of [article 2 of the Village Law]” (Village Law § 2-208) and are confined, in the performance of that ministerial function, to a consideration of the objections directed thereto…”
O'Keeffe v. Bonelli, 170 Misc. 2d 218 (N.Y. Sup. Ct. 1996). “After the hearing upon a petition for incorporation, the supervisor has 10 days within which he or she "shall determine whether the petition complies with the requirements of” the statute and render a written decision (Village Law § 2-208 [1]). Assuming that the decision is…”
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.