014
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GERALD A. VERGILIS*
KENNETH M STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN E. DIAMOND****
JOAN F. GARRETT**
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
W APPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
OF COUNSEL:
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A. OAKLEY
SARAH SALISBlJRY
www.vsrp.com
e-mail: info@vsrp.com
CLOSING COORDINATOR:
MARLA. JONES
KEVIN 1'. McDERMOTT
ANGEL 1. FALCON
ANTHONY M. DEF AZIO***
JAMES P HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
POUGHKEEPSIE OFFiCE
276 MAIN STREET
POUGHKEEPSIE, NY 17601
(845) 452-1046
NEWBURGH OFFICE
372 FULLERTON AVENUE
NEWBURGH, NY 12550
(845) 567-3783
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fR1~CC~llW~[Q)
May 18,2010
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Hon. Christopher J. Colsey, Supervisor
MAY .2 1 2010
1 TOWN OF WAPPINGER
TOWN CLERK
Re: Wappinger Gardens
Dear Chris and Board Members:
By letter dated October 8, 2009, I advised the Town Board that Michael Barnett may
have had a financial interest in the Wappinger Gardens project and that Michael Barnett
was a client of the firm involving another project in the Town of Lloyd. The letter was
sent pursuant to the Conflicts Policy previously supplied to the Town Board. Not having
had a response to the letter, I was advised by Supervisor Colsey that I was authorized to
continue representing the Town in the matter.
Subsequently, the Town Board referred the matter to the Planning Board and requested
that the Planning Board act as Lead Agency. Unbeknownst to me, my October 8, 2009
letter was not forwarded to the Planning Board. When the Planning Board learned of my
letter, they reviewed my future involvement in the matter and by a vote taken last
evening, the Planning Board elected to appoint a Conflict Attorney.
0:\ Wappinger\Town Board\ Wappinger Gardensl05 I 810 letter to Town Board re recusal.doc
Page 2
In view of the Planning Board's vote, I hereby choose to recuse myself and my firm from
any representation of the Town in connection with Wappinger Gardens project, including
any matters to come before the Town Board or the Zoning Board of Appeals.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ALB~ERTS
APRlso
cc: Planning Board
Zoning Board of Appeals
Town Clerk
0:\ Wappinger\Town Board\ Wappinger Gardens\05l8l 0 letter to Town Board re recusal.doc