001
..
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
LOUIS 1. VIGLOTTI
JOAN F. GARRETT**
THOMAS R. DAVIS
EMANUEL F. SARIS
VERGILIS, STENGER, ROBERTS & PARTNERS, LLP
AITORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
LEGAL ASSISTANT:
AMY E. DECARLO
e-mail: info@vsrp.com
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452-1046
KAREN P. MacNISH
KEVIN T. McDERMOTT
JAY B. RENFRO
ANGEL 1. FALCON
ANTHONY M. DEFAZIO
NEWBURGH OFFICE
299 N. PLANK ROAD, SUITE 106
NEWBURGH, NY 12550
(845) 567-3783
.ADMITTED TO PRACTICE
IN NY &: PLA.
..ADMITTED TO PRACTICE
IN NY &: CONN.
ADDRESS REPLY TO: ( ) POUGHKEEPSIIl
( ) WAPPINGIlRS
October 5, 2005
RECEIVED
OCT 0 6 2005
TOWN CLERK
Bv Facsimile (297-1110) and Rel!ular Mail
Sedore & Company, CPA's, P.C.
P.O. Box 918
62 East Main Street
Wappingers Falls, New York 12590
Attention:
James L. Sedore, Jr., CPA
Re: Town of Wappinger
Pending or Threatened Litigation
File No. 12951.0060
Dear Mr. Sedore:
Pursuant to the letter request dated June 29, 2005, from Joseph Ruggiero, 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 through September 30,2005.
Please be advised that the undersigned was originally appointed attorney to the Town of
Wappinger, effective January 1, 1990, and has been subsequently reappointed yearly
thereafter until present.
0:\ Wappinger\Town Board\PendingLi1igation(.0060)\1 00505 sedore.doc
Sedore & Company, CPA's, P.C.
October 5, 2005
Page Two
PENDING OR THREATENED LITIGATION
(Excluding Unasserted Claims and Assessments):
I hereby report that as of the date of this letter, there are some material Pending or
Threatened Litigation matters in which the Town of Wappinger was named or is expected
to be named as a party. With respect to Tort and Tax Certiorari actions, please know that
there are claims pending against the Town which are being defended by the Town's
insurance carriers. I am unaware of the exact number, nature, status or probability of
success with respect to any of these actions.
Emanuel F. Saris, Esq., now of this firm, has been retained by the Town to defend Tax
Certiorari actions and he will submit a separate opinion regarding same.
Various actions are being handled by attorneys assigned by the Town's insurance
carrIers.
Alpine Improvements, LLC v. Town of Wappinger (Challenging Benefit Assessment):
As noted in previous correspondence, in May 2002, the Town was sued by Alpine
Improvements, LLC, challenging the Benefit Assessment Formula for the Tri-Municipal
Sewer Transmission/Treatment Improvement Area Phase 3A Improvements. In my
opinion letter dated July 18, 2003, I provided a detailed analysis of the lawsuit.
However, since the commencement of the action, the Petitioner's attorney has not
actively pursued the prosecution of this matter and it has remained dormant for almost 3
years.
Joseph Boyce v. Town ofWapoinger (Notice of Claim):
In my opinion letters of July 18, 2003 and September 30, 2004, I noted a claim
commenced by one Joseph Boyce against the Town of Wappinger alleging various acts
of orchestrated harassment by employees of the Town, malicious and unwarranted
prosecution of him, depriving him from income from rental property, loss of value to the
property, emotional and physical damages, etc.
The matter is being handled through the Town's insurance carrier and the Town's
insurance carrier has appointed a law firm, Miranda and Sokoloff, to defend the Town's
interest. The matter is presently pending in Supreme Court, Dutchess County and I am
advised by the firm of Miranda and Sokoloff that a Motion for Summary Judgment is
pending. In the event the Town fails to win on the Motion for Summary Judgment, a trial
date is scheduled for the latter part of October. Based on my understanding of the facts,
0:\ Wappinger\Town Board\PendingLitigation(.0060)\1 00505 sedore. doc
Sedore & Company, CPA's, P.C.
October 5,2005
Page Five
To the best ofthe knowledge of the undersigned, there are no actions that have been
commenced against the Town, or threatened to be commenced the Town, nor are there
any actions pending which would subject the Town to any monetary payment or financial
loss.
Very truly yours,
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
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ALBERT P. ROBERTS / .-
APRlkc
cc: Hon. Joseph Ruggiero, Supervisor
Hon. John C. Masterson, Town Clerk
0:\ Wappinger\Town BoardlPendingLitigation(.0060)\100505 sedore. doc