07
..
:-~
CHARLES J. CORBALLY (1966)
JOHN J. GARTLAND, JR.
ALLAN E.RAPPLEYEA
DANIEL F. CURTIN *'
FRED W. SCHAEFFER
JON HOLDEN ADAMS
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAUL O. SULLIVAN *'
BARDAVON BUILDING
RECEIVED
MAR 1 3 7981
ELAINE H. SNOWDEN'
CORBALLY, GARTLAND AND RAPPLEYEA
J\ftorn.tt!s W <!J~tLtrs at Jattr
35 MARKET STREET
FLORIDA OFFICE;
50 SOUTH BELCHER ROAD
BUILDING E. SUITE 122
CLEARWATER, FLORIDA 33515
813-461'3144
POUGHKEEPSIE, NEW YORK 12601
914-454-1110
MILTON M. HAVEN
JOSEPH 1'. HAWKINS
COUNSEL
BRANCH OFFICE:
BANK 01' MILLBROOK BUILDING
FRANKLIN AVE.
MILLBROOK, NEW YORK 12S45
914-677-5539
March 13, 1981
+MEMBER N. Y. AND FLORIDA BAR
Hon. Stephen M. Saland
Member of Assembly
State Legislative Office Building
Room 550
Albany, New York 12248
Dear Steve:
Thanks for your letter of March 9, 1981 acknowledging receiving
my letter to Assemblyman Glenn Warren relative to legislation
amending ~277 of the Town Law.
Senator Rolison's office has kindly printed (and presumably
introduced) a bill seeking the legislation requested by us. Herb
Wallace has promised to send a copy of that to me, and as soon as
r receive it, r will forward a copy to you.
r believe you were on the Town Board during a portion of the
time we had a dispute over the Serenity Missions road bond. We
can give you a real horror story in terms of testimony on the manner
in which the suretys defend these actions, which frustr~te and
render meaningless the protection intended by the legislature
providing surety bonds. In the lawsuit presently pending, they have
interposed every conceivable defense possible, having engaged in
as much discovery and other time consuming process to delay the
time within which a note of issue can be filed to the end that the
coverage, if ,.,e succeed at trial, will be substantially-less than
that needed to provide the improvements left incompleted by the
absconding developer. Obviously, if we had insisted on a cash bond
rather than a surety bond, we would not have been confronted by
these problems. Unhappily, as you probably recall, the Court of
Appeals has determined that the developer rather than the town in
the first instance can make the choice as to the submission of a
surety bond or a cash bond.
If you feel it is useful, we would be happy to meet with
anybody to further review this matter. We also will be contacting
eo.
..
CORBALLY, GARTLAND AND RAPPLEYEA
Hon. Stephen M. Saland
Page - 2 -
March 13, 1981
the Association of Towns after rece~v~ng the proposed bill and
asking their assistance in lobbying passage of the bill.
Thanks for your consideration.
Very truly yours,
CORBALLY, GARTLAND & RAPPLEYEA
Jon Holden Adams
JHA/lh
cc: Town Board
Town of Wappinger
Gc- c{6J 3'- (~-~l