2018-1822018-182
Resolution Authorizing Payment Of Attorneys Fees Pursuant To Court Order (Thurston)
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 July 23, 2018.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
✓ Vote Record - Resolution RES -2018-182
To Line
$43,000.00 A0915 Unallocated Fund
Balance
A1930.400 Judgments & Claims/Contr Expend
Yes/Aye
No/Nay
Abstain Absent
Q Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Robert Johnston
Seconder
Q
❑
❑
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
The following Resolution was introduced by Councilman Kuzmicz and
seconded by Councilman
Johnston.
WHEREAS, the Superintendent of Town Highways commenced an Article 78 Proceeding against the
Town Board and Civil Service Employees Association Local 1000 regarding certain amendments to the contract
for Highway Department Employees; and
WHEREAS, the Superintendent of Town Highways prevailed in his litigation and was awarded
attorneys fees by the Hon. Victor G. Grossman, J.S.C.; and
WHEREAS, by a decision and order dated December 11, 2017, the Hon. Victor G. Grossman, J.S.C.
ordered the Town of Wappinger to pay attorney's fees to the law firm of Shaw, Perelson, May & Lambert, LLP
in the amount of $42,581.04; and
WHEREAS, the Town Board appropriated $15,000 for legal claims in the 2018 Budget which is
insufficient to satisfy all claims that may become due, so a transfer of funds is required;
NOW, THEREFORE, BE IT RESOLVED:
1. The following budget transfer is hereby authorized to pay for the legal fees awarded by the Court:
Amount From Line
To Line
$43,000.00 A0915 Unallocated Fund
Balance
A1930.400 Judgments & Claims/Contr Expend
2. The Comptroller is hereby directed to issue a check to Shaw, Perelson, May & Lambert, LLP in the
amount of $$42,581.04 pursuant to the Court order.
This resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Robert Johnston, Councilman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
7/23/2018
The Resolution is hereby duly declared Adopted.
JOS/F-P/H P. PAOLONI, TOWN CLERK