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001 .. GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETT** THOMAS R. DAVIS MARIA 1. GRECO VERGILIS, STENGER, ROBERTS & PERGAMENT AITORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS. NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 e-mail: VSRP@BesIWeb.Nel LEGAL ASSISTANTS: AMY E. WOODARD KRISTEN S. GUTHRIE POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 'ADMITTED TO PRACTICE IN NY & FLA. ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS l''''ADMITlED TO PRACTiCE IN NY & CONN. July 26, 2000 Sedore, O'Sullivan, Letterio & Barschi, CPA's, P.C. PO Box 918 62 East Main Street Wappingers Falls, New York 12590 Attn: James L. Sedore, Jr., CPA Re: Town of Wappinger Pending or Threatened Litigation Our File No: 12951.0060 Dear Mr. Sedore: Pursuant to the letter request dated July 14, 2000, from Constance O. Smith, Supervisor of the Town of Wappinger, the following is the status of material Pending or Threatened Litigation, Claims and Assessments against the Town of Wappinger, as known to the best of my knowledge as of July 14, 2000. Please be advised that the undersigned was originally appointed attorney to the Town of Wappinger, effective January 1, 1990, and have subsequently been reappointed yearly thereafter until present. PENDING OR THREATENED LITIGATION. (Excludina Unasserted Claims And Assessments): I am pleased to report that there is no material Pending or Threatened Litigation in which the Town of Wappinger is a named party, except for miscellaneous tort actions, Tax Certiorari actions and the potential action set forth below. With respect to miscellaneous Page 2 July 27,2000 tort actions, there are a number of claims pending against the Town which are being defended by the Town's insurance carrier. The undersigned is not familiar with the number, the nature or the status of any of these actions, or their probability of success. With respect to Tax Certiorari actions, please be advised that the Town has retained Emanuel F. Saris, Esq. to defend those actions on behalf of the Town and I am advised that Mr. Saris will be sending a separate letter with respect to same. UNASSERTED CLAIMS AND ASSESSMENTS: The undersigned knows of no unasserted claims or assessments considered to be probable of assertion and/or if asserted would have a possibility of an unfavorable material outcome. However, in the course of performing legal services for the Town of Wappinger with respect to a matter recognized to involve an unasserted possible claim or assessment that may call for financial statement disclosure, and I have formed a professional conclusion that the Town should disclose or consider disclosure concerning such possible claim or assessment, as a matter of professional responsibility to the Town of Wappinger, I will so advise the Town and will consult with the Town concerning the question of such disclosure and the applicable requirements of Statement of Financial Accounting Standards NO.5. There are no other potential liabilities or loss contingencies that are required to be disclosed or accrued in the financial statements, other than the above mentioned tort actions and pending Tax Certiorari matters. There are no other potential liabilities or loss contingencies that are required to be disclosed or accrued in the financial statements. All contingent liabilities set forth above are as of the date of this correspondence. The scope of this lettei includes litigation commenced against the Town to present, except as noted above. ~. . Page 3 July 27, 2000 To the best of the knowledge of the undersigned, there are no actions that have been commenced against the Town, or threatened to be commenced against the Town nor are there any actions pending which would subject the Town to any monetary payment or financial loss. Very truly yours, VERGILlS, STENGER, ROBERTS & PERGAMENT Q& ~~'-%J@ ALBERT P. ROBERTS APR/es cc: Hon. Constance O. Smith, Supervisor Hon. Robert Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address)