005
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
WAPPINGERS FALLS, NEW YORK 12590
OF COUNSEL:
KAREN MacNISH
(845) 298-2000
FAX (845) 298-2842
WWW.vsrp.com
e-mail: inl()@vsrp.com
LEGAL ASSIST ANTS:
AMY E. DECARLO
SANDRA A. OAKLEY
SARAH SALISBURY
CLOSING COORDINATOR:
MARIA L. JONES
KEVIN T. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFAZIO***
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
MARINA O'NEILL
POUGHKEEPSIE OFFICE
By Appointment Only
(845)452- 1046
. ALSO ADMITTED IN FLA
"ALSO ADMITTED IN CONN.
... ALSO ADMITTED IN NJ
....ALSO ADMITTED IN FL & MA
May 2,2011
Hon. John C. Masterson, Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
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MAY 0 3 2011
Dear Chris:
TOVVN OF '.;\i
TOVV L
H'~~:J
Re: Your Email of April 11, 2011
Your email of April 11, 2011 was received for the first time on April 26, 2011. Quite frankly, I
was somewhat surprised at the contents thereof because I thought this matter had been
satisfactorily resolved between you and me.
At the outset, since my original appointment in January of 1990, I have always been appointed
Attorney to the Town in accordance with a retainer letter (engagement letter) setting forth the
nature of legal services I would provide and the rate of compensation. The engagement/retainer
letter is the contract between my office and the Town. A copy of this engagement/retainer letter
should be in your files and if it is not, I will get you copies.
There obviously was some misunderstanding with respect to the FOIL request submitted by
Billig, Loughlin & Baer, concerning LMP Realty. When I first received a copy of the FOIL
request I thought it was for information purposes only. For your information, this is an
enforcement matter involving erosion control measures prosecuted by both the Town and DEC
over two parcels of property owned by LMP Realty on Route 9D. There was nothing of
consequence in our files inasmuch as my office only appeared on the court return dates. I did not
understand that you expected my office to copy our files. In the past, whenever FOIL requests
have been submitted, it was my memory that the Clerk's office copied whatever appropriate
correspondence was in the Town files and forwarded them to the requestor. Consistent with
FOIL interpretations, virtually all of my internal memos are not subject to disclosure as well as
any memos marked Privileged and Confidential. Attorney-Client privileged information is
protected by statute and is not subject to FOIL pursuant to Public Officers Law S 87(2)(a). While
O:\Wappinger\Town Board\FOIL\201 I FOIL Requests\0427I I letter to Masterson.doc
May 2, 2011
Page 2
I can't be certain but, I have no distinct recollection of ever having to respond to a FOIL request
before. Furthermore, in the LMP case, Anthony DeFazio of my office had been in touch with the
law firm representing LMP and provided them with whatever information they were entitled to.
I apologize if I confused the matter by stating that I was Attorney to the Town rather than Town
Attorney. I meant it in the context that the matter was being litigated and that we were already in
direct communication with LMP's attorneys.
Perhaps there is a misunderstanding of my duties, but if I forward a letter to the Town Board or
any Town Department that is not identified as confidential, advisory or an inter-office
memorandum, it would appear to me that the reproduction of that document would be the
Town's responsibility. Of course, if your office needs assistance in compiling information, we
would be glad to help. As I indicated, I thought the original FOIL request was for information
only inasmuch as this was a litigated matter. I trust this resolves the matter. If not, lets get
together and resolve any issues.
Very truly yours,
VER GI, L;~,'.'e:/~",. GER, ROBERTS, DAVIS & DIAMOND, LLP
G/
;/
ALBERT P. OBERTS
APR/so
cc: Hon. Christopher 1. Colsey, Supervisor
Hon. William H. Beale, Councilman
Hon. Vincent F. Bettina, Councilman
Hon. Ismay Czarniecki, Councilwoman
Hon. Joseph P. Paoloni, Councilman
O:\Wappinger\Town Board\FOIL\201 I FOIL Requests\0427I I letter to Masterson.doc