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2005-060RESOLUTION NO. 2005-60 RESOLUTION AUTHORIZING LITIGATION AGAINST INNER CITY TIRE, a.k.a. INTERCITY TIRE and MORRIS ERBESH 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 the 25th day of April, 2005 at 7:30 P.M. The meeting was called to order by Joseph Ruggerio, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Council Members ABSENT: Joseph Ruggerio Robert L. Valdati Joseph P. Paolini Maureen McCarthy Vincent Bettina The following Resolution was introduced by Mr. Bettina and seconded by Ms. McCarthy WHEREAS, the business entity known as INNER CITY TIRE INC., a.k.a. INTERCITY TIRE, located at 1243 Route 9, in the Town of Wappinger, New York, has engaged and continues to engage in practices found to be illegal by the Zoning Administrator under the applicable Town of Wappinger Code and the Property Maintenance Code of the State of New York; and WHEREAS, these practices detrimentally affect the health, safety and welfare of the citizens of the Town of Wappinger; and WHEREAS, past efforts to have INNER CITY TIRE, INC., a.k.a. INTERCITY TIRE, cease and desist from such practices have not been successful, and equitable relief from a 1 r Superior Court is needed in order to obtain such relief; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Town Supervisor, Joseph Ruggerio, Special Counsel to the Town, Marco Caviglia, Esq., and Zoning Administrator Tatiana Lukianoff, are hereby authorized to take all legal action necessary to commence litigation proceedings against INNER CITY TIRE and parties necessary for the cessation of the illegal practices being conducted at INNER CITY TIRE. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGERIO, Supervisor Voting Ave ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLINO, Councilman Voting Aye MAUREEN MCCARTHY, Councilwoman Voting Aye Dated: Wappingers Falls, New York April 25, 2005 The Resolution is hereby duly declared adopted. Zoo6 /1 r 'Iw G 2