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2007-0972007-97 Resolution Employing Legal Services for the Town of Wappinger At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on May 29th, 2007. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - William H. Beale ABSENT: Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy (arrived at 8:21 PM) The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. BE IT RESOLVED, that Peter Henner be and he hereby is appointed special counsel for the O'Mara et. al v. Town of Wappinger case. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 5/29/2007 The Resolution is hereby duly declared adopted. 2 C 41. ;AL -,A-. --- J#NC. MAPTERSON, TOWN CLERK PETER 13ENNER s ATTORNEY AND COUNSELOR AT LAW P.O. Box 326 Clarksville, .NY 12041-0326 (518) 768-8232 FAX: (518) 768-8235 peter @peterhenner.com WEB SITE: peterhenner.com 4. May 21, 2007 VIA F,ACS1[1gME TRANSMISSION (845-2974558) Mr. Joseph Ruggiero Supervisor, Town of Wappinger Dear Mr. Ruggiero: This will confirm that I will represent the Town of Wappinger, as appellate counsel before the New York Court of Appeals in the case of O'Mara et. al. v. Town of Wappinger. I will prepare and, file the necessary papers with the Court, including a Brief and Reply Brief, and will argue the matter before the Court. I will bill the Town at the rate of $275.00 per hour. I will submit itemized bills from time to time, but no less frequently than every 30 days. I will also bill for disbursements, including filing fees, photocopying, overnight courier services and travel expenses. Consistent with my normal practice, I will not incur expenses in excess of $200.00 without specific authorization from the Town, except that I will not need specific authorization to incur the estimated $500 cost for the copying and binding of the papers to be filed and for the $315 filing fee with the Court of Appeals. If the terms of this letter are acceptable, please have this letter countersigned and return it to me. Ver truly yo s, Peter Benner Joseph Ruggiero, Supervisor Town of Wappinger Date FACSIMILE FROM: PETER HENNER ATTORNEY AND COUNSELOR AT LAW P.O. Bax 326 CLARKSVILLE, NY 12041 0328 TEL: (518) 788-8232 FAx: (5 18) 768-8235 e-mail: peter@peterhenner.com Web: www.peterhenner.com TO: JOSEPH RUGGIERO, SUPERVISOR FAX NO. 845-2974558 PACES: 2 DATE: MAY 21 , 2007 MESSAGE: Town of Wappinger Appellate Counsel agreement