2015-194 2015-194
Resolution Authorizing Litigation Against Mt. View Realty,LLC
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,New York, held
at Town Hall, 20 Middlebush Road, Wappingers Falls,New York, on September 14, 2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called,the
following was recorded:
✓Vote Record-Resolution RES-2015=194
El Adopted i Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Barbara Gutzler ....... ...... ......... . . . .:_Voter .. ,..... . a........ ❑ ...... ❑ �...... ......❑. . ......
.....
❑ Defeated William Ciccarelli................................................................._i.-Voter...........;. 0 ....................................................................................................................................................................................
❑ Tabled William H BealeSeconder 0 ❑ ❑ ❑
❑ Withdrawn Ismay Czarniecki Voter Q _❑ ❑_ �_❑ _
Michael Kuzmicz f Mover 21 ❑ � ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Beale.
WHEREAS,the various parcels located on Smith Crossing Road in the Town of Wappinger, County of
Dutchess, State of New York, and further identified by tax map parcel numbers 6359-01-050625, 119522;
134683 and 182562, currently owned by Mt. View Realty, LLC, are currently in violation of the Town of
Wappinger Zoning Code, the Town of Wappinger Property Maintenance Code and the New York State
Uniform Code; and
WHEREAS,the Town of Wappinger Justice Court is without jurisdiction to issue a mandatory
injunction to cure said violations so it is necessary to commence legal proceedings in the Supreme Court,
Dutchess County,New York,to seek equitable relief to enjoin the continuing violations.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. For the reasons discussed and disclosed in executive session this evening, the Town Board
hereby authorizes the Attorney to the Town,Albert P. Roberts, and any member of his firm, Stenger, Roberts,
Davis &Diamond, LLP, to bring appropriate legal proceedings in Supreme Court, Dutchess County,New York,
to enjoin John Ostuni and Mt. View Realty, LLC, for continued and repeated violations of the Town of
Wappinger Zoning Code, the Town of Wappinger Property Maintenance Code,the New York State Uniform
Code and any other applicable violations of the Town of Wappinger Code.
Supervisor Barbara A. Gutzler is hereby authorized to execute on behalf of the Town of Wappinger any
documents necessary for the commencement of such legal proceedings.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
Dated: Wappingers Falls,New York
9/14/2015
T he Resolution is hereby duly declared Adopted.
/-/'/ OSEPH P. PAOLONI, TOWN CLERK
V