2016-76 2016-76
Resolution Authorizing Litigation Against Owners Of 5 Diddell Road
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 February
8, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-76
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
WHEREAS, a certain parcel of land with an address of 5 Diddell Road in the Town of
Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel
number 6359-03-077200, currently owned by John Mason and Helen Mason, is currently in
violation of the Town of Wappinger Zoning Code, the Town of Wappinger Property
Maintenance Code and the New York State Uniform Code in accordance with an Inspection
Report submitted by Zoning Administrator, Barbara Roberti, dated January 27, 2016; 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 above-
referenced 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 Mason and Helen Mason, and any
other persons involved in perpetrating such 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 Lori A. Jiava 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 Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
2/8/2016
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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