2023-1572023-157
Resolution Authorizing The Ratification of the Filing of The Notice Of Appeal and
Perfecting of Appeal In The Matter Of The Application Of Mid -Hudson Development
Corp. And Mid -Hudson Holdings, LLC Vs. The Town Of Wappinger And The Town Of
Wappinger Town Board
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 December
11, 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 -2023-157
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
Richard Thurston
Voter
Q
❑
❑
❑
Q Adopted as Amended
William H. Beale
Voter
Q
❑
❑
❑
❑ Defeated
Angela Bettina
Seconder
Q
❑
❑
❑
❑ Tabled
Christopher Phillips
Mover
Q
❑
❑
❑
❑ Withdrawn
Al Casella
Voter
Q
❑
❑
❑
Joseph P. Paoloni
Voter
Q
❑
❑
❑
The following Resolution was introduced by Councilman Phillips and seconded by
Councilwoman Bettina.
WHEREAS, Mid -Hudson Development Corp. and Mid -Hudson Holdings, LLC, filed a lawsuit
against the Town of Wappinger and Town of Wappinger Town Board in the Supreme Court of the
State of New York, County of Dutchess, under Index No. 2023-51732, and
WHEREAS, the Hon. Maria G. Rosa, J.S.C. issued a Decision and Order in the action dated
November 14, 2023, which invalidated Local Law 1 of 2023 and granted attorneys fees to the
Plaintiffs; and
WHEREAS, the Attorney -To -The -Town has advised the Town Board that the decision of the
Court is incorrect as a matter of law and the Town Board wishes to appeal the decision to the
Appellate Division; and
WHEREAS, the Attorney to the Town timely filed a Notice of Appeal on November 28, 2023; and
WHEREAS, the Town has six months to perfect the appeal in the Appellate Division Second
Department;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Attorneys
to the Town Wallace & Wallace, LLP to perfect the appeal in the Appellate Division 2 Department
under the caption In the Matter of the Application of Mid -Hudson Development Corp. and Mid -
Hudson Holdings, LLC v. The Town of Wappinger and The Town of Wappinger Town Board
bearing Case Number 2023-11453; and
BE IT FURTHER RESOLVED THAT the Town Board hereby authorizes Wallace & Wallace,
LLP the payment of legal fees, costs and expenses of the appeal in accordance with the terms of the
retainer agreement for the Attorney to the Town; and
BE IT FURTHER RESOLVED THAT the Town Board hereby ratifies and confirms the filing of
the Notice of Appeal by the Attorneys to the Town on November 28, 2023 and the Attorney -To -
The -Town has advised the Town Board that the filing of the notice of appeal by the Town operates
as a stay to all proceedings to enforce the judgment or order appealed from pending the
determination of the appeal pursuant to CPLR 5519(a)(1).
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni
Dated: Wappingers Falls, New York
12/11/2023
Amended.
The Resolution is hereby duly declared Adopted as
JOSE,'H/P. PAOLONI, TOWN CLERK