N.Y. Local Finance Law Section 83.00
Contesting of validity of obligations

  • substantial compliance

a.

If an action, suit or proceeding contesting the validity of the obligations authorized by such resolution or certificate is commenced within twenty days from the date of publication of such resolution, summary of such resolution or certificate together with such notice, the court in which such action, suit or proceeding is commenced shall determine whether or not such obligations were authorized for an object or purpose for which the municipality, school district or district corporation is authorized to expend money or the provisions of law which should have been complied with were substantially complied with.

b.

The court may determine that the provisions of law which should have been complied with were substantially complied with if:

1.

They authorized the aggregate amount of obligations authorized by such resolution or certificate.

2.

Such resolution was adopted by the required vote of the finance board or such certificate was duly made by such chief fiscal officer.

3.

Such resolution or the proposition for the expenditure of money for the object or purpose for which such resolution authorizes the issuance of obligations, as the case may be, was adopted at the election or meeting, if any, to which it was submitted.

c.

Such determination may be arrived at notwithstanding any irregularity or failure to observe a technicality in:

1.

The form of such proposition, resolution or certificate.

2.

The notice of the election or meeting to which such proposition or resolution was submitted or of the meeting at which the finance board adopted such resolution.

3.

The time or manner of the service or publication of such notice.

4.

The conduct of the election, meeting or meetings at which such proposition or resolution was adopted.

5.

The submission of such proposition more than once within one year or other shorter period than authorized by law.

6.

Like matters in such proceedings.

Source: Section 83.00 — Contesting of validity of obligations; substantial compliance, https://www.­nysenate.­gov/legislation/laws/LFN/83.­00 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 83.00’s source at nysenate​.gov

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