2023-1402023-140
Resolution Approving Stipulation Of Settlement
At a Special 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 November 9, 2023.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
✓ Vote Record - Resolution RES -2023-140
2 Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H. Beale Voter 2 ❑ ❑ ❑
❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Voter 2 ❑ ❑ ❑
Al Casella Mover Q ❑ ❑ ❑
The following Resolution was introduced by Casella and seconded by Councilwoman Bettina.
WHEREAS, DOWNEY ENERGY and NORTHEAST 40, LLC commenced an action against the Town of
Wappinger, the Town of Wappinger Planning Board and certain members of the Planning Board with respect to the
issuance of a Positive Declaration under SEQR and alleged civil rights violations under Dutchess County Supreme
Court Index Number 2022-51174, and
WHEREAS, the Town of Wappinger moved to dismiss the complaint and the Court dismissed that part of the
action that sought to overturn the issuance of a negative declaration but allowed the civil rights action to continue;
and
WHEREAS, the parties exchanged discovery and took depositions; and
WHEREAS, the parties have determined that a dismissal of the action without prejudice is appropriate under the
circumstances and have outlined conditions regarding the dismissal within a stipulation approved by the Court; and
WHEREAS, the Stipulation of Settlement does not award fees or costs to any party to the litigation and each side
shall bear its own attorneys fees;
WHEREAS, the Attorney to the Town has recommended that the Town Board ratify the Stipulation of Settlement
to end the litigation;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby ratifies the attached stipulation of
settlement and authorizes the Attorney to the Town to sign on its behalf.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
11/9/2023
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK