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

N.Y. Village Law § 2-210 (2026)

Review of decision

✓ current as of May 2026
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§ 2-210 Review of decision.  1. The decision of the commission as to
the petition and whether a village incorporation shall proceed to
election shall be subject to judicial review in accordance with article
seventy-eight of the civil practice law and rules.
  2. Such proceeding must be instituted within thirty days after the
filing of the original copy of such decision as required by section
2-208 of this article.
  3. The proceeding may only be instituted by a resident in a town in
which a part of such territory is located.
  4. In addition to the requirements of said article seventy-eight:
  a. Notice of such a proceeding in accordance with article
seventy-eight of the civil practice law and rules shall be given to the
secretary and the town clerk of each town in which any part of such
territory is located, each of whom shall cause same to be filed in their
office.
  b. If the proceeding be brought to review a decision adverse to the
petition, copies of all papers in connection therewith shall be served
on all persons designated by objectors to the petition pursuant to
section 2-204 of this article and on all other objectors who have made
no such designations and whose objections were submitted in writing and
signed. Service shall be sufficient if made either personally or by
certified mail with a return receipt.
  c. If the proceeding be brought to review a decision sustaining the
petition, copies of all papers in connection therewith shall be served
on all persons designated in the petition to receive same.
  d. All persons served pursuant to paragraphs b and c of this
subdivision shall be parties to such proceeding under said article
seventy-eight.
  e. All issues in any proceeding hereunder shall have preference over
all other civil actions and proceedings.
  5. The successful party to any such proceeding shall file a certified
copy of the decision and order in the office of the clerk of each town
in which any part of such territory is located and with the secretary of
state who shall give notice of the receipt of the decision and order to
the commission within three days.
Notes of Decisions
Cited in 11 cases, 1989–2018 · leading case: Fagelson v. McGowan, 301 A.D.2d 652 (N.Y. App. Div. 2003).
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Fagelson v. McGowan, 301 A.D.2d 652 (N.Y. App. Div. 2003). “Village Law § 2-210 (4) (d) provides that all such persons required to be served shall be parties to the proceeding.”
Defreestville Area Neighborhoods Ass'n v. Tazbir, 23 A.D.3d 70 (N.Y. App. Div. 2005). “By failing to comply with this specific requirement whereby petitioners would have been informed of the Galloglys’ addresses for service, the Galloglys relieved petitioners of strict compliance with the personal service requirement of Village Law § 2-210 (4) (b).”
Jones v. Deutsch, 715 F. Supp. 1237 (S.D.N.Y. 1989). “Under N.Y. Village Law § 2-210 (McKinney 1973 & Supp.”
Venne v. Sanford, 25 A.D.3d 1007 (N.Y. App. Div. 2006). “Respondents first assert that there are 12 persons who submitted, written, signed objections and who have not designated anyone to receive service of papers on their behalf in this proceeding (see Village Law § 2-210 [4] [b]). Thus, respondents argue that these 12 are necessary…”
Barnard v. St. Lawrence, 44 A.D.3d 1037 (N.Y. App. Div. 2007). · cites it 2× “Contrary to the petitioners’ contentions, his findings are not “illegal, based on insufficient evidence, or contrary to the weight of evidence” (Village Law § 2-210 [1]). Accordingly, the Supreme Court correctly confirmed his determination (see Village Law § 2-210 [1]; Matter of…”
Defreestville Area Neighborhoods Ass'n v. Tazbir, 7 Misc. 3d 412 (N.Y. Sup. Ct. 2005). · cites it 4× “Petitioners commenced this proceeding pursuant to Village Law § 2-210 challenging respondent Supervisor of the Town of North Greenbush Paul Tazbir’s depriving the inhabitants of the proposed Village of Defreestville of any opportunity to vote on the matter of incorporating the…”
Commandeer Realty Assocs., Inc. v. Allegro, 49 Misc. 3d 891 (N.Y. Sup. Ct. 2015). “by the filing of a petition by 20% of the residents or 50% of the owners of taxable property (compare Village Law § 2-202 [1] [a] with General Municipal Law § 703), both processes are entitled to public hearings (compare Village Law § 2-204 with General Municipal Law § 704),…”
Greenberg v. Vet., 752 F. Supp. 630 (S.D.N.Y. 1990). · cites it 3× “” N.Y. Village Law § 2-210 (1) (McKinney 1973).”
Matter of Bernstein v. Feiner, 2018 NY Slip Op 6900 (N.Y. App. Div. 2018). “Accordingly, the Supreme Court should have denied the petition pursuant to CPLR article 78, dismissed the proceeding, and declared that the petition for incorporation does not comply with the requirements of Village Law article 2 ( see Village Law § 2-210[1]; Matter of Bernard v…”
Atkins Bros., LLC v. Conroy, 31 A.D.3d 539 (N.Y. App. Div. 2006). “Fursuant to Village Law § 2-210 (4) (c), the petitioners were required to serve the party designated in the incorporation petition—Queenan—with copies of the papers submitted in connection with the instant proceeding.”
O'Keeffe v. Bonelli, 170 Misc. 2d 218 (N.Y. Sup. Ct. 1996). “Assuming that the decision is adverse to the petitioning party, judicial review of the supervisor’s decision is available pursuant to CPLR article 78 (Village Law § 2-210 [1]). SEQRA CONSIDERATIONS In 1975, the Legislature enacted SEQRA (ECL art 8), which, inter alia, created a…”
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