THE FOLLOWING IS FROM THE STATUTE CONCERNING THE HEARING ON PETITION SUFFICIENCY
PLEASE NOTE THAT THE STATUTE CLEARLY STATES THAT ONLY OBJECTIONS WILL BE PRESENTED
McKinney’s Consolidated Laws of New York Annotated
Village Law (Refs & Annos)
Chapter 64. Of the Consolidated Laws (Refs & Annos)
Article 2. Incorporation (Refs & Annos)
McKinney’s Village Law § 2-206
§ 2-206 Proceeding on hearing
1. The supervisor, or supervisors if a joint hearing, with whom the petition or copies thereof, were filed, shall meet at the time and place specified in such notice and shall hear objections which may be presented as to the legal sufficiency of the petition for incorporation based upon any of the following grounds:
a. That a person signing such petition was not qualified therefor;
b. If it is alleged that the petition is submitted on the basis that the persons signing such petition constitute twenty per cent of the residents in such territory qualified to vote for officers of a town in which all or part of such territory is located, that such allegation is false;
c. If it is alleged that the petition is submitted on the basis that the persons signing such petition are the owners of more than fifty percent in assessed valuation of the real property in such territory or in full valuation of the real property in each part of each town in such territory and computed separately for each such part, as the case may be, assessed upon the last completed assessment roll or rolls of the town or towns in which all or part of such territory is located, that such allegation is false;
d. That such territory is part of a city or village;
e. 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;
f. That such territory does not contain a population of at least five hundred regular inhabitants;
g. That the petition in any other specified respect does not conform to the requirements of this article.
2. The supervisor of the town in which the entire territory, or the greatest portion of such territory is located shall conduct the hearing.
3. All objections must be in writing and signed by one or more residents qualified to vote for town offices1 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. The burden of proof shall be on the objectors. 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.
(L.1972, c. 892, § 3. Amended L.1973, c. 976, § 1; L.1975, c. 561, § 1; L.1985, c. 167, § 1.)
CURRENT LIST OF OBJECTIONS TO PROPOSED EDGEMONT INCORPORATION PETITION
RAISED AT APRIL 5TH HEARING
(These objections are being reviewed by me and town officials and were part of affidavits submitted to the town)
1. The Petition does not identify which list the proposed incorporators are relying on to establish that 4,826 regular inhabitants are qualified to vote for the new village in the proposed territory so the Town Supervisor is unable to accurately determine whether the Petition meets the 20% signature requirement as required by of NYS Village Law §2-202(1)(a)(1) and §2-202(1)(c)(2).
2. The signatures of an Edgemont resident who improperly signed the Petition twice are clearly different which raises the issue of whether the person who witnessed the signatures knowingly and fraudulently swore that she witnessed the signatures of a person who did not actually sign the Petition.
3. The proposed village territory included in the Petition for Incorporation includes a portion of the City of Yonkers in violation of §2-200(1) of New York State Village Law.
4. The Petition includes the signatures of 145 persons who are not listed as “regular inhabitants” of the proposed new village on Exhibit B of the Petition as required by NYS Village Law §2-202(1)(c)(2).
5. Signature pages 117 and 120 of the Petition do not have the requisite “prefatory statement” pursuant to NYS Village Law §2-202(1)(e)(2) rendering signatures on those pages and the petition process invalid.
6. The Petition presented to residents did not contain a map and property description of the proposed territory to be incorporated and did not provide a complete set of the Petition papers to for residents to inspect as required by NYS Village Law §2-202(1)(b)(4) and (b)(6).
7. The Petition includes the signatures of the 30 people who signed the Petition twice.
8. The Petition does not include a description of the proposed new village which is coterminous with the entire boundaries of a school, fire, fire protection, fire alarm, town special or town improvement district as required by §2-200(1)(b) of New York State Village Law.
9. The Petition for Incorporation does not include a description of the proposed territory sufficient to identify the location and extent of the proposed new village with common certainty as required by §2-200(1)(c)(1) of New York State Village Law.
10. The Petition for Incorporation includes a map of the Greenville Fire District which is not an accurate depiction of the existing fire district and which is not coterminous with the entire boundaries of a school, fire, fire protection, fire alarm, town special or town improvement district as required by §2-200(1)(b) of New York State Village Law.
Greenburgh Town Supervisor