N.Y. EDN Law § 3814

§ 3814. Appeal to county judge. 1. Whenever any officer mentioned in\nsection thirty-eight hundred twelve shall have complied with the\nprovisions of such section and the meeting shall have refused to direct\nthe trustees or board of education to levy a tax for the payment of the\ncosts, charges and expenses claimed by him, such officer shall\nimmediately give notice to such meeting that he will appeal to the\ncounty judge of the county in which such district is located from the\nrefusal of said meeting to vote a tax for the payment of such claim.\n 2. Within ten days after the refusal of the meeting to allow such\nclaim such officer shall serve upon the clerk of the district or, if\nthere be no district clerk, upon the town clerk of the town, an itemized\nstatement of his claim, duly verified, together with a written notice\nthat on a certain day named therein such officer will present such claim\nto the county judge for settlement.\n 3. The clerk upon whom such notice and claim are served shall file the\nsame in his office and such notice and claim shall be subject to the\ninspection of any of the inhabitants of the school district.\n 4. The meeting at which notice of the intention of such officer to\nappeal to the county judge is given or any subsequent district meeting,\nduly called, may appoint one or more of the legal voters of such\ndistrict or authorize the trustee or board of education to employ\ncounsel to appear before the county judge at the time fixed for a\nhearing on such claim and protect the rights of the district upon such\nsettlement. The expenses incurred in the performance of this duty shall\nbe a charge upon the district and the trustees or board of education\nupon a presentation of the account of such expenses with proper vouchers\ntherefor shall pay the same from any available funds in the district or\ninclude the necessary amount in a tax list to be levied upon the\ndistrict.\n 5. A refusal of the trustees or board of education to levy such tax\nfor the payment of such expenses shall be subject to an appeal to the\ncommissioner of education.\n