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001 GERALD A. VERGILlS* KENNETH M. STENGER ALBERT P. ROBERTS THOMAS R. DAVIS STEPHEN E. D1AMOND**** JOAN F. GARRETT** VERGILlS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW 1 136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 FAJ((845) 298-2842 www.vsrp.com e-mail: illfo@vsrp.com OF COUNSEL: KAREN MacNISH LEGAL ASSISTANTS: AMY E. DECARLO SANDRA A. OAKLEY SARAH SALISBURY CLOSING COORDINATOR: MARIA L. JONES KEVIN T. McDERMOTT ANGEL 1. FALCON ANTHONY M. DEFAZI0*** JAMES P. HORAN*** LISA M. COBB M. ELLEN O'SULLIVAN MAl~n~A O'NEILL POUGHKEEPSIE OFFICE 2"76 MAIN STREET POUGHKEEPSIE, NY 12601 (845)452-1046 'ALSO ADMITTED IN FLA. .. ALSO ADMln~D IN CONN. "'ALSO ADMITTED IN NJ .... ALSO ADMTrTED IN FL & MA January 19,2011 Hon. Christopher 1. Colsey, Supervisor Town Board, Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 [R1~~~~'W~(D) Re: Consolidated Iron Settlement City of Newburgh v. Town of Wappinger, Third Party Action JAN 2 0 2011 TOWN OF WAPPINGER TOWN CLERK Dear Chris and Board Members: I have submitted the Resolution Authorizing the Settlement in the above referenced action. Attached to the Resolution is the Settlement Agreement, the terms of which are to be kept confidential pending the final outcome of the litigation. The Settlement Agreement is not to be included on the website, nor is it to be released under any circumstances including a FOIL request in the absence of a Court order. The Settlement consists of two parts: 1. The signing of the Settlement Agreement; and 2. Signing a Consent Decree to be provided at a later date. If there are any questions, please contact me. Very truly yours, ENGER, ROBERTS, DAVIS & DIAMOND, LLP. ALB RT P. ROBERTS APRlaf cc: Hon. John C. Masterson, Town Clerk Anthony M. Defazio, Esq. 0:\ Wappinger\Litigation\U.S. v. Newburgh v. Wappinger - Third Party Complaint\O 11911 Christopher Colsey re; Resolution.doc