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Chris Masterson
From: Albert P. Roberts [aroberts@vsrp.com]
Friday, July 16,20109:59 AM
michael. papa@wcb.state.ny.us
rhamburger@hmylaw.com; 'Spitzer, Daniel'; ytripi@bartlohettlerweiss.com; jryan@cityofelmira.net;
jhoran@vsrp.com; Chris Colsey; Chris Masterson
Subject: PETNY
Sent:
To:
Cc:
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........
Michael Papa, Esq.
State of New York Workers' Compensation Board
Office of General Counsel
20 Park Street
Albany, New York 12207
JUL 15 L.J
TOWN OF \liiAPPINGER
TOWN CLERK
Re: PETNY
Dear Michael:
This will confirm, on behalf of the Town of Wappinger, that I acknowledge that the WCB's investigation
into the feasibility of an alternate allocation methodology based upon actual losses does not, in any way, obligate
the WCB to adopt such alternate methodology.
This will also confirm that you will propose a Towing Agreement which will extend the time within
which the PETNY participants' may commence an Article 78 Proceeding and/or a Declaratory Judgment action.
Any payments made by any constituent municipality will be made without prejudice to recoupment pursuant to
final Court Order determining the legality ofWCB's deficit allocation and related demands for payment.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ALBERT P. ROBERTS
APRldw
cc (via email): Richard Hamberger, Esq.
James P. Horan, Esq.
Daniel Spitzer, Esq.
Yvonne S. Trippi, Esq.
John Ryan, Esq.
Town Board - Hon. Christopher J. Colsey, Town Supervisor
Town Board File - Hon. John C. Masterson, Town Clerk
7/16/2010