015
.. ....-.. ... ~
Leonard Klein
Arthur L. Gellert
Stephen E. Ehlers
John A. Geoghegan
lillian S. Weigert
James M. Fedorchak
Stephen E. Diamond -
Scott L. Volkman
David R. Wise'
Roderick J. Macleod
Bevin S. Harrington
Daniel H. Stock
Susan L. Flynn A
Pamela B. Richardson A
Kelly L. Traver'
laura E. Vincenzi
,.. Gellert & Klein,p.c.
~ Attorneys at Law
75 Washington Street. Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652 fax
Counsel
S. Nina Gellert
Raina E. Maissel 0
Senator Stephen M. Saland
Robert C. Vincent, Jr.
Westchester office
3010 Westchester Avenue Suite 302
Purchase, NY 10577
(914) 249-0100
(914) 249-0111 fax
Joseph H. Gellert
(1907-1989)
www.gklaw.us
January 19,2009
'Also Admitted in CT
AAlso Admitted in NJ
-Also Admitted in MA & Fl
oAlso Admitted in England
Chris Masterson, Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re:
Tax Certiorari Matters
Our File No. 24515.0029
RECEIVED
JAN 2 2 2009
TOWI\' CLERK
Dear Chris:
As we have discussed recently, you inquired about the status of tax review proceedings so as to enable
you to consider the files for record retention purposes. As I advised you, we are starting to get Court Orders
submitted on a number of cases that we have settled during the calendar year 2008. I will be forwarding these to
you with a notation for each file as to the date the court order was signed.
The Arts and Cultural Affairs Law ofthe State of New York, Article 8, Section 57-A, sets forth
definitions of records in Section 57-17 of which legal proceedings qualify as records. Pursuant to Section 57-
25, there are requirements to retain custody of records for certain periods of time. Title 8 of NYCRR part 185,
provides a record retention and disposition schedule. The current schedule "MU-I" was revised in 2003, it
supercedes and replaces an records retention and disposition schedules issued by State Archives and Records
Administration (SARA). In order for the schedule to be effective, the Town would have had to adopted the
schedule. If the prior schedule MU-I had been adopted in or about 1988 by Town Board Resolution, the 2003
Schedule does not have to be adopted. (Please confirm.)
8 NYCRR Section 185-11, which is the Records Retention and Disposition Schedule for use by cities,
towns, villages and fire districts dated 1988 and revised in 2003 is a 253 page document. I am sure you have it
or have access to it. As it pertains to legal matters, legal case files must be maintained for six (6) years after
their case is closed ("or zero years after any minor obtains the age of21, whichever is later). It is my suggestion
to you that the Court Order finalizes the case and the record retention period can lawfully commence at that
time.
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.-..... - ...
PIIII Gellert & Klein,p,c.
~ Attorneys at Law
-2-
Therefore, as I obtain Court Orders, I will submit them to you in their entirety for inclusion in your file,
without the need to repeat the information provided in this letter, to advise you that record retention period can
commence.
I hope this facilitates an orderly disposition of your case files and allows you to adequately diary these
case cases for record retention purposes.
Very truly yours,
SL V /br
Enc.
cc: Chris Colsey, Supervisor
Town Board
Chris Harkins, Assessor
Loretta Brunello, Deputy Assessor
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