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Vergilis, Stenger, Roberts, Davis & Diamond LLP
MEMO
[R1~CC~~~~[Q)
To: Supervisor, Town Board, Building Department
From: James P. HOran
cc: A Roberts, T. Davis, A Falcon
Date: September 24,2010
File No.: 19699.0116 People v.JohnDoody
Re: StatuS of Action regarding 18 Montfort Road
SEp/2 4 2010
TOWN OF WAPPINGER
TOWN CLERK
On September 14, 2010, John Doody appeared injustice Gmrt regarding Appearance TIckets issued in the
above noted case. 'The appearance tickets were issued by Mark Liebennann on August 16, 2010 for failure
to secure the roof and failure to mow the grass. Prior violations were issued in July of 2009.
A fire took place at 18 Montfort Road on August 9, 2007 at approximately 12:45 a.m John Doody was
insured by Metropolitan Property & Casualty and Insurance Co. 'The origin of the fire was said to be of
"Undetermined Cause" and the area of origin was the back porch. Mr. Doody's insurance camer has
refused to pay his insurance claim for damage to the property.
'The cause of the fire was believed to be arson. 'The Dutchess County Sheriff's Dept. questioned a suspect
regarding the fire but was later released and never charged 'The suspect was a member of the New
Hackensack Fire Department and was the first to respond to the scene, even though another member of
the Department lived two doors away. 'The original suspect was arrested in June of 2010 with respect to
arson on Widmer Road 'The suspect was later charged with arson in East Fishkill and one other arson. I
spoke with Richard Fiorile of the Dutchess County District Attorney's Office today and he indicated that
the suspect is not charged with arson for the fire at 18 Montfort Road, but confirmed that he was indeed a
suspect for that fire. 'There was not sufficient evidence to charge him with arson for 18 Montfort Road
Law enforcement never suspected Mr. Doodywith respect to the fire at 18 Montfort Road
On September 14, 2010, Fire Inspector Mark Liebennann and I met with Mr. Doody about the matter
prior to appearing before Judge Wolfson. Mr. Doody indicated that he never received the appearance
tickets that were issued in July of 2009, but he did receive the tickets issued in August of 2010. Mr. Doody
indicated that he is currently living in Fishkill with his elderly mother and he provided us with his current
contact infonnation. Mr. Doody indicated that he was not aware of the complaints from neighbors about
the condition of the property. He appeared concerned about the neighbors' complaints and he wants to
cooperate with the Town. He stated that demolition of the damaged portion of the house would cost
approximately 10,000 and he stated that he did not have that kind of money because the insurance
company has not paid his claim
.
In our discussion with Mr. Doody he indicated that he retained several attorne~ and claims adjusters with
respect to his dispute with his fire insurance company. Mr. Doodys attorne~ commenced an action on his
behalf against Metropolitan Casualty in Dutchess County Supreme Court under Index No. 6272/2009. I
reviewed e-courts and it indicates that this case is on for a preliminaty conference before Judge Dolan on
September 27,2010. I will call Mr. Doodys attorney to offer him our assistance to facilitate the claim being
paid by the fire insurer.
This matter has been adjourned to November 9, 2010 at 5:30 p.rn.
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