2009-380Resolution Ratifying Action of Supervisor Authorizing the Town Attorney to Interpose an
Answer and Affirmative Defenses in the Action Commenced Against the Town by Michael
J. Miner, Et Al.
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 December
21, 2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale
Vincent F. Bettina (arrived at 7:03 PM)
Maureen McCarthy
Joseph P. Paoloni (arrived at 7:03 PM)
ABSENT:
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Bettina.
WHEREAS, MICHAEL J. MINER, LISA MINER, ALCKY GUZMAN, II and HOLLY
GUZMAN, have commenced an action in Supreme Court, State of New York, County of
Dutchess, against the Town of Wappinger; and
WHEREAS, Supervisor Christopher J. Colsey, to avoid the entry of a default judgment
against the Town previously directed Albert P. Roberts, Attorney to the Town, and a member of
the law firm of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to defend the action and
interpose an answer and affirmative defenses deemed appropriate against these plaintiffs; and
WHEREAS, the Town Board, by its attorney, Albert P. Roberts, has reviewed the
Summons and Complaint; and
WHEREAS, the Town Board disputes all of the allegations made by plaintiffs therein;
and
WHEREAS, to avoid the possibility of the entry of a default judgment against the Town,
on or about December 7, 2009, attorney Albert P. Roberts, interposed an answer and affirmative
defenses against plaintiffs on behalf of the Town; and
WHEREAS, the Town's liability insurance carrier, American Zurich Insurance
Company, has denied coverage to the Town for this matter; and
WHEREAS, the Town Board and attorney, Albert P. Roberts, dispute this denial and
maintain that the insurance carrier is obligated to interpose a defense to this action by these
plaintiffs and to indemnify the Town in the case of a loss; and
WHEREAS, the Town Board, after due deliberation, finds that it is in the best interest of
the Town of Wappinger to defend its interest by having its attorney, Albert P. Roberts, and/or
any member of his firm, Vergilis, Stenger, Roberts, Davis & Diamond, LLP, interpose an
answer, and any applicable defenses and counter -claims against these plaintiffs, and otherwise
provide such legal services as are necessary to appropriately defend the Town in this action; and
WHEREAS, the Town Board, after due deliberation, finds that it is in the best interest of
the Town of Wappinger to authorize its attorney, Albert P. Roberts, and/or any member of his
firm, Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to bring a declaratory judgment action
against the insurance carrier to compel them to provide a defense and indemnification to the
Town for this action
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. The Town Board hereby ratifies the authorization by Supervisor Christopher J.
Colsey of Albert P. Roberts, and/or any member of his firm, Vergilis, Stenger,
Roberts, Davis & Diamond, LLP, to defend this action on behalf of the Town of
Wappinger and to interpose and answer any defenses, as well as any and all
applicable counter -claims against the above-named plaintiffs, in furtherance of
defending the Town's interest in this matter.
3. The Town Board hereby authorizes Albert P. Roberts, and/or any member of his
firm, Vergilis, Stenger, Roberts, Davis & Diamond, LLP, to bring a declaratory
judgment action against the Town's liability insurance carrier, American Zurich
Insurance Company, to compel them to provide a defense and indemnification to
the Town for this action.
4. Albert P. Roberts, and/or the firm of Vergilis, Stenger, Roberts, Davis &
Diamond, LLP, shall be paid in accordance with the retainer agreement presently
in place between the Town of Wappinger and Albert P. Roberts.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
12/21/2009
The Resolution is hereby duly declared adopted.
r
4HNP�C'.5AS�TiR_SON, TOWN CLERK