010
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GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
LOUIS 1. VIGLOTTI
JOAN F. GARRETT**
THOMAS R. DAVIS
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
OF COUNSEL:
IRA A. PERGAMENT
LEGAL ASSISTANTS:
AMY E. DECARLO
LISA MARTELL
e-mail: VSRP@BestWeb.net
KAREN P. MACNISH
KEVIN T. McD~RMOTT
STEVEN K. PATTERSON
JAY B. RENFRO
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE. NY 12601
(845) 452-1046
.ADMlTI1ID TO PRAcrJCE
IN NY &: FLA.
RECEIVED
APR 2 5 2003
TOWN CLERK
PINE PLAINS OFFICE
2990 CHURCH ST.
P.O. BOX 21
PINE PLAINS. NY 12567
(518) 398-9857
..ADMlTI1ID TO PRAcrJCE
IN NY &: CONN.
April 23, 2003
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
( ) PINE PLAINS
Hon. Joseph Ruggiero, Supervisor
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
RECEIVED
APR 2 5
Re:
Town Justice Court Prosecutions
File No. 12951.0009
TOWN CLERh
Dear Supervisor Ruggiero:
This is a status report regarding the Town of Wappinger Justice Court prosecutions:
People v. Gruda Enterprises. Inc.
Earlier we adjourned this matter so that the Defendant could clean up an accumulation of
rubbish for which he was cited. He did clean up the rubbish and entered a guilty plea on
April 8, 2003 and received a minimum fine of$25.
People v. Richard Simpson
Mr. Simpson has made little if any progress in resolving the issues at his personal
residence at 20 Michael Drive. We have cited him on 5 different occasions for his
occupying the premises without a Certificate of Occupancy. Under our Code, each
different week is a separate violation. Mr. Simpson came to Court on April 8, 2003 and
offered the usual assortment of personal excuses for his non-compliance. Most of them
are financially related. Mr. Simpson entered a guilty plea to all 5 charges against him.
This could result in a substantial fine. He is due to appear again on June 10, 2003 at 5 :30
p.m. for sentencing. I made it very clear to Mr. Simpson that we are not making any
promises because he plead guilty. Certainly, ifthere is some magical transformation of
the situation by June 10,2003, then we would take that into consideration. However, the
degree and the amount of consideration would be, I believe, minimal.
O:IWAPPINGEITown Board\CRIMlNAL FlLESI042103-JR.doc
I will check with the staff to see what progress he has made as oflate to obtain a
Certificate of Occupancy. It is my understanding that the next step for Mr. Simpson as
far as getting a Certificate of Occupancy for the premises is to pay fees to the Building
Department. They remain unpaid as of April 8, 2003. Ifthere still is no progress, then I
will ask them to cite him again for a repeated occupancy without a Certificate of
Occupancy. We also at some point have to consider whether we should bring a Supreme
Court action to have him vacated from the residence. The Town Justice Court does not
have the ability to order him to vacate the premises.
People v. Suvdem
This is a matter that I assisted the Dog Warden on trying. We are waiting for the Court to
render a verdict. Mr. Suydem is alleged to have an excessively barking dog on his
property.
People v. Joseph Duffy and People v. Robert Taurence
Mr. Taurence is scheduled to appear again on May 13, 2003 and Mr. Duffy is scheduled
to appear again on June 10,2003. Both of these matters involve the large fire at the
Pavilion condominium complex. I believe it appropriate for me to speak to the Town
Board in Executive Session regarding this matter. People let me know when you could
fit me into the agenda. I would anticipate a 15 - 30 minutes discussion.
As always, thank you for your courtesies.
Please feel free to contact me with any questions.
GE , ROBERTS, PERGAMENT & VIGLOTTI, LLP
THO A
TRDlbg
cc: Hon. Gloria Morse, Town Clerk
Town Board File
Albert P. Roberts
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