Response to Motions for Summary Reversal and Consolidation
Public Court Documents
August 8, 1968
5 pages
Cite this item
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Brief Collection, LDF Court Filings. Jones v. Deutsch Plaintiffs' Affidavits in Opposition to Motions to Dismiss or for Summary Judgment and for Attorneys' Fees and Costs, 1989. 8bc4b872-b99a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/95aadaed-afec-4843-a362-79e9e8ef178c/jones-v-deutsch-plaintiffs-affidavits-in-opposition-to-motions-to-dismiss-or-for-summary-judgment-and-for-attorneys-fees-and-costs. Accessed August 19, 2025.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
YVONNE JONES, et al.,
X
•
•
Plaintiffs,
-against-
LAURENCE DEUTSCH, et al.,
Defendants.
: 88 Civ. 7738 (GLG)
•
•
•
•
•
X
PLAINTIFFS' AFFIDAVITS IN OPPOSITION
TO MOTIONS TO DISMISS OR FOR
SUMMARY JUDGMENT AND FOR ATTORNEYS 1 FEES AND COSTS
PAUL, WEISS, RIFKIND,
WHARTON & GARRISON
1285 Avenue of the Americas
New York, N.Y. 10019
(212) 373-3000
GROVER G. HANKINS, ESQ.
NAACP, Inc.
4805 Mount Hope Drive
Baltimore, MD 21215-3297
(301) 486-9191
Attorneys for the Homeless
Plaintiffs and the National
Coalition and Local Counsel
for the Greenburgh Plaintiffs and the NAACP
Attorney for the Greenburgh
Plaintiffs and the NAACP
Of Counsel:
Cameron Clark
Jay L. Himes
Melinda S. Levine
William N. Gerson
Robert M. Hayes, Esq.
Virginia G. Shubert, Esq.
COALITION FOR THE HOMELESS
105 East 22nd Street
New York, N.Y. 10010
(212) 460-8110
Julius L. Chambers, Esq.
John Charles Boger, Esq.
Sherrilyn Ifill, Esq.
99 Hudson Street
New York, N.Y. 10013
(212) 219-1900
Andrew M. Cuomo, Esq.
2 Park Avenue
Suite 1415
New York, N.Y. 10016
(212) 686-1000
Table of Contents
Tab
Affidavit of Yvonne Jones (NAACP) ................. 1
Affidavit of Melvin Dixon .......................... 2
Declaration of Anita Jordan......................... 3
Declaration of Thomas Myers......................... 4
Declaration of Mary Ellen Hombs ................... 5
(Coalition for the Homeless)
Affidavit of Jay L. Himes .......................... 6
and annexed exhibits:
Decision of Anthony Veteran Rejecting Village
Incorporation Petition, December 1, 1988 .... A
Notice of Article 78 Petition, Greenberg
v. Veteran. Index No. 18286/88
(West. Co. Sup. Ct. Dec. 28, 1988) ........... B
Decision, COUP v. Veteran, Index No. 3316/88
(West. Co. Sup. Ct. Jan. 6, 1989) ........... C
Decision, Bruce v. Department of Defense.
Civil No. 87-0425 (D.D.C. June 16, 1987) .... D
(i)
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
x
YVONNE JONES, et al., :
Plaintiffs, : 88 Civ. 7738 (GLG)
-against- : AFFIDAVIT
LAURENCE DEUTSCH, et al. :
Defendants. :
x
STATE OF NEW YORK )
: ss. :
COUNTY OF WESTCHESTER )
YVONNE JONES, being sworn, states:
1. I am one of the plaintiffs in this action. I
am also the President of the White Plains/Greenburgh Branch
of the National Association for the Advancement of Colored
People, Inc. ("NAACP"), also a plaintiff. I make this
affidavit, both in my individual capacity and in my capacity
as NAACP Branch President, in opposition to the motions by
various defendants to dismiss and for attorneys' fees and
costs.
2. By way of background, I am a black homeowner
and have lived at 118 North Evarts Avenue in the Town of
Greenburgh, New York for 35 years. I am well acquainted with
the neighborhoods in the Town and with the different types of
housing available in various areas of the Town. My own home
2
is located outside the proposed borders of Mayfair Knollwood,
perhaps 1/4 mile away.
3. I also am qualified to vote in local, state
and federal elections. I participate regularly in primary
and general elections at all three levels.
4. As alleged in our complaint, the NAACP is a
nonprofit association representing the interests of approxi
mately 500,000 members in 1,800 branches throughout the
United States. Since 1909, the NAACP has sought through the
courts to establish and protect the civil rights of minority
citizens. Racial discrimination, in all its forms, is
offensive to the basic purposes and goals of the NAACP.
5. I first heard that a neighborhood group was
considering forming a proposed village and seceding from the
Town of Greenburgh in the first quarter of 1988. At the
time, and for some months thereafter, it was not clear to me
whether there was a real commitment to the idea, or whether
it commanded any significant community support.
6. In the early fall of 1988 -- around the time
of presentation of the incorporation petition to Town
Supervisor Veteran — the seriousness of the secessionist
proposal was brought home to me. I attended a meeting where,
for the first time, I saw a map of the actual boundaries for
the proposed village. I was shocked by the way the boundary
zig-zagged to exclude neighborhoods where blacks and other
• .
3
members of racial minorities live. I had no doubt that the
proposed village was intentionally designed to exclude those
minorities — nothing else could explain the absurd path of
the boundaries of the proposed village.
7. The direct attempt to discriminate was itself
of immediate concern. Moreover, I could readily see from the
map that the village supporters planned to take a very
sizeable part of the existing Town's tax base. The result
would be an increased tax burden on those residents left in
the Town of Greenburgh, and that, too, troubled me. Finally,
the very idea of a new village was an unwarranted and extreme
response to a worthwhile effort to aid the County's homeless
families, most of whom are members of racial minorities.
8. As noted above, I have lived in the Town of
Greenburgh for 35 years. During that time, I have seen great
progress made in race relations within the community. I like
to think of our community today as one with the will to
extend aid to the homeless, and one where a homeless housing
shelter could succeed with support among members of all
races. The Mayfair Knollwood plan therefore represented a
big step backward.
9. Thus, I brought the Mayfair Knollwood matter
to the attention of the board of the NAACP Branch for consid
eration and guidance. A determination was made to submit a
resolution to the State NAACP Conference for authorization
4
actively to oppose the plan for Mayfair Knollwood. Both the
State Conference and, thereafter, the National Headquarters
concurred in our resolution.
10. Since announcement of the Mayfair Knollwood
plan to secede, I and other NAACP White Plains/Greenburgh
Branch members have devoted time and resources — and the
Branch itself has incurred expense that it can ill afford —
in opposing the secession. Branch activities, under my
supervision, include the following:
a) We have held two meetings to educate
community members on the seriousness of the situation and to
plan strategy to halt the secessionist effort. Each meeting
lasted two to three hours, and I have spent time with other
Branch members planning the meetings. We have also spent
time and money designing and printing flyers publicizing
these meetings.
b) I have had many contacts with community
groups, and with federal, state, and local officials to
discuss the plan. I also have attended a meeting called by
the Department of Justice on the matter.
c) I have conducted tours of the border of
the proposed village for various interested individuals,
including federal and local government officials.
d) I have attended Town of Greenburgh Board
meetings at which the Mayfair Knollwood proposal was discussed.
5
11. There are many matters that cry out for the
attention of the NAACP Branch. The addition of the Mayfair
Knollwood secession has added to the strain. Our limited
resources are being drained and diverted in an attempt to
forge a broad base of community opposition to the offensive
proposal to carve out a nearly all white village from the
more racially balanced Town of Greenburgh.
Sworn to before me this
day of January 1989.
V
2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------- X
YVONNE JONES, et al., :
Plaintiffs, : 88 Civ. 7738 (GLG)
-against- : AFFIDAVIT
LAURENCE DEUTSCH, et al., :
Defendants. :
x
STATE OF NEW YORK )
) ss. :
COUNTY OF WESTCHESTER )
MELVIN DIXON, being sworn, states:
1. I am one of the plaintiffs in this action. I
make this affidavit in opposition to the pending motions by-
various defendants seeking dismissal and an award of attor
neys' fees and costs.
2. I have lived at 15 North Lawrence Avenue, in
the Town of Greenburgh, New York for over 25 years. I am
familiar with the types of housing in the Town of Greenburgh,
and with the racial composition of areas in the Town. My own
home is within the proposed village of Mayfair Knollwood.
3. I own the home in which my family and I
reside. I am qualified to vote in federal, state and local
elections and regularly participate in primaries and elec
tions at all three levels.
4. Before I agreed to be a plaintiff in this
lawsuit, I saw a map of the proposed village of Mayfair
Knollwood. The meaning of the map to me — as a black
community resident —— was unmistakable. Its boundaries
excluded areas where blacks or other racial minorities live,
while including me and a small number of other minority
members in the proposed village. X felt myself branded as a
••figurehead" ~~ included within the proposed village for
symbolic purposes — or as an "accident" — included not
because the village creators wanted me, but only because they
could devise no way to keep me out. Either way, my inclusion
leaves me without any voting power to shape my own destiny.
not hesitate to join this lawsuit in an effort to halt the
attack on my legal rights.
5. The map sent me the message of racism. I did
Melvin Dixon
Sworn to before me this
JlH^Vday of January 1989.
^ .......— vii s p ir e s January 3 i( , 19.'
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
YVONNE JONES, et al.,
x
Plaintiffs,
-against-
LAURENCE DEUTSCH, et al.,
•
Defendants.----------------------------------- x
88 Civ. 7738 (GLG)
DECLARATION
Anita Jordan hereby declares as follows:
1. I am one of the plaintiffs in this action. So
are my children Latoya (age 2-1/2) and April (age 1-1/2), who
are suing through me, as their parent. I make this declara
tion in opposition to the motions by various defendants
seeking to have this case dismissed and for related relief.
2. At the time this action was commenced, my
children and I lived at the Elmsford Motor Lodge, 290
Tarrytown Road, Elmsford, New York. We had a single room and
small bath. The room was about 10 by 20 feet in size. It
had two double beds, and a few other pieces of furniture.
Westchester County had placed me at this motel, and my
children and I lived there from August until December of
1988.
3. In December 1988, my children and I moved into
subsidized permanent housing in Mt. Vernon, New York. I was
fortunate enough to obtain an apartment, but I am aware of
many families still homeless, and living, as I was until
recently, in a single room at the Elmsford Motor Lodge.
Also, because my income is so low, I worry that I may become
homeless again at some time in the future, and end up in a
hotel again.
Greenburgh and West HELP, Inc. to build shelter in the Town
for homeless families with children. That type of shelter
would be far better than the motel room that my children and
I had to live in. If that shelter were built, and if I was
homeless and needed Westchester County or Town of Greenburgh
help in finding somewhere to live, I would be interested in
moving to it. If that shelter had been available to me when
I was homeless, I would have accepted it without hesitating.
ing is true and correct. Executed on January 25, 1989 at Mt.
Vernon, New York.
4. I have heard of the proposal by the Town of
I declare under penalty of perjury that the forego-
/ J 'x/ H t/ci- >A — A 4- A _---Anita Jordan7
YVONNE JONES, et al. ,
Plaintiffs
-against-
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
x
LAURENCE DEUTSCH, et al.,
Defendants.----------------------------------- x
88 Civ. 7738 (GLG)
DECLARATION
Thomas Myers and Lisa Myers hereby declare as
follows:
1. We are plaintiffs in this action. So are our
children, Thomas, Jr. (age 4), Linda (age 3), and Shawn (age
2), who are suing through us as their parents. We make this
declaration in opposition to the motions by various defen
dants seeking to have this case dismissed and for related
relief.
2. At the time this action was commenced, we and
our children lived at the Elmsford Motor Lodge, 290 Tarrytown
Road, Elmsford, New York. We had a single room and small
bath. The room was about 10 by 20 feet in size. It had two
double beds, and a few other pieces of furniture.
Westchester County placed us at this motel, and we lived
there from January until December 1988. We had been homeless
for about two years before January 1988, and during that
tt .. •
time, Westchester County had placed us in a shelter and then
in the Coachman Hotel in White Plains.
3. Recently, our family moved into subsidized
permanent housing in Yonkers, New York. We were fortunate
enough to obtain an apartment, but we know of many families
still homeless, and living in a single room at the Elmsford
Motor Lodge. Also, because our income is so low, we worry
that we may become homeless again at some time in the future,
and end up in a hotel again.
4. We have heard of the proposal by the Town of
Greenburgh and West HELP, Inc. to build shelter in the Town
for homeless families with children. That type of shelter
would be far better than the room that our family had to live
in. If that shelter were built, and if we were homeless and
needed Westchester County or Town of Greenburgh help in
finding somewhere to live, we would be interested in moving
to it. If that shelter had been available to us when we were
homeless, we would have accepted it without hesitating.
We declare under penalty of perjury that the
foregoing is true and correct. Executed on January 25, 1989
at Yonkers, New York.
Lisa Myers
Thomas rs
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
x
YVONNE JONES, fit al., :
Plaintiffs, : 88 Civ. 7738 (GLG)
-against- : DECLARATION
LAURENCE DEUTSCH, fit al., :
Defendants. :
- - - - - - - - - - - - - - - - x
I, MARY ELLEN HOMBS, hereby declare as follows:
1. I am an assistant director and housing policy
analyst for plaintiff National Coalition for the Homeless
(the "National Coalition"), a not-for-profit corporation
organized under New York law. Prior to 1988, I was a member
of the board of directors of the National Coalition. I
submit this affidavit in opposition to the motions by defend
ants Deutsch, Tone, Goldrich, Kaufman, and Coalition of
United Peoples, Inc. (the "Moving Defendants").
2. The National Coalition is a nationwide organ
ization directed by a board of service providers, academics
and community leaders from more than 60 cities across the
country. The organization's primary purpose is to advocate
and establish that decent shelter, sufficient food and
affordable housing are the rights of all in the United
. . •
2
States. To advance this purpose, the National Coalition has
several lines of activity.
3. The National Coalition serves as a clearing
house of information on homelessness in the United States.
In that capacity, we conduct research and publish reports on
homelessness. We regularly respond to requests for informa
tion on homelessness from members of the public, from feder
al, state and local government officials, and from the media.
The National Coalition also conducts advocacy on behalf of
the nation's homeless through public information and lobbying
efforts.
4. When appropriate, the National Coalition
pursues litigation to establish and enforce the rights of the
homeless. In Koster v. Webb. 598 F. Supp. 1134 (E.D.N.Y.
1983) , for instance, we represented homeless families to whom
Nassau County had denied decent emergency shelter. After the
district court held that homeless families in New York have a
right to shelter under the federal Social Security Act, a
settlement was reached. More recently, in National Coalition
for the Homeless v. U.S. Veterans' Administration. 695
F. Supp. 1226 (D.D.C. 1988), the district court enjoined the
defendants, several federal agencies, from violating the
Stewart B. McKinney Homeless Assistance Act by disposing of
underutilized federal properties without first making them
available to aid the homeless.
3
5. U.S. Veterans1 is one of a number of cases in
which the court upheld the National Coalition's standing to
sue as a plaintiff. Others include National Coalition for
the Homeless v. Department of Education. Civ. Action
No. 87-3512 (D.D.C. filed Dec. 28, 1987) and National Coali
tion for the Homeless v. Pierce, Civ. Action. No. 87-2640
(D.D.C. filed Sep. 25, 1987).
6. Housing the homeless is one of the National
Coalition's primary goals. The West HELP proposal to build
housing in the Town of Greenburgh is of particular interest
to us. Westchester County has an appalling number of home
less persons; indeed, the percentage of homeless persons in
Westchester County is greater than in New York City. Cur
rently, entire families often share tiny motel rooms without
cooking facilities. There is a desperate need for decent
shelter in the County.
7. To illustrate, we recently were asked to try
to find alternative living accommodations for a homeless
woman staying in the Crowne Plaza Hotel, a facility that the
Westchester Department of Social Services uses to shelter the
homeless. This woman had been in the hotel for more than
18 months, unable to secure transitional or permanent hous
ing. She has since been transferred to the Coachman Motel,
virtually all of whose residents are homeless families placed
by Westchester County. Her plight — caused by the acute
4
shortage of affordable housing in Westchester County — is by
no means unusual.
8. The housing that West HELP proposes to build
in the Town of Greenburgh will ease the shortage. West HELP
has a proven track record. A corporate affiliate has con
structed similar housing in Brooklyn, which currently is in
operation.
9. The National Coalition has actively supported
the West HELP proposal. Our support has included advising
West HELP on an array of technical matters relating to the
homeless, testifying at public hearings in support of its
projects, and assisting in securing public support for its
projects through community appearances and in interviews with
the media. The level of our support to West HELP has, by
necessity, increased in response to the intense resistance
that its proposed shelter has encountered in Greenburgh.
10. The National Coalition's resources are limit
ed — indeed strained. The more time, effort and money we
spend working to overcome roadblocks to housing proposals
such as the one put forth by West HELP, the less we can
deliver in direct aid to the homeless. And the longer such
proposals are stalled, the more the National Coalition is
called on to try to come up with "band-aid solutions" for
homeless persons, such as the Crowne Plaza/Coachman resident
I referred to above.
*
5
11. Equally important, resistance to the West HELP
shelter in Greenburgh has an impact beyond the homeless in
Westchester County. If successful, such resistance encourag
es similar efforts elsewhere. Already, a challenge is being
mounted to a homeless development proposal on Long Island,
and the National Coalition is directing its resources to this
new opposition.
12. The Moving Defendants' opposition to the West
HELP shelter in Greenburgh collides with the basic goals of
the National Coalition. It impedes our ability to advance
the cause of the homeless, both in Westchester County and
elsewhere. And it damages many homeless persons in
Westchester County whose interests the National Coalition
seeks to protect. That is why the National Coalition is a
plaintiff in this case.
I declare under penalty of perjury, that the
foregoing is true and correct. Executed on January 25, 1989
at Newport, Rhode Island.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
x
YVONNE JONES et al., :
Plaintiffs, : 88 Civ. 7738 (GLG)
-against- : AFFIDAVIT
LAURENCE DEUTSCH, et al., :
Defendants. :
x
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
JAY L. HIMES, being sworn, states:
1. I am an attorney employed by Paul, Weiss,
Rifkind, Wharton & Garrison, attorneys for plaintiffs. I
make this affidavit in opposition to the pending motions to
dismiss, or for summary judgment, and for attorneys' fees and
sanctions.
2. By this affidavit, I seek only to place in the
record documents reflecting matters that have transpired
since the filing of plaintiffs' complaint on November 1,
1988. Accordingly, I attach copies of the following papers:
Exhibit A : By decision dated December 1, 1988, the
Supervisor of the Town of Greenburgh, defendant Anthony
Veteran, rejected the petition to incorporate the proposed
2
village of Mayfair Knollwood. A copy of that decision is
annexed as Exhibit A.
Exhibit B : Two Mayfair Knollwood proponents
thereafter filed an Article 78 proceeding in the Westchester
County Supreme Court seeking to overturn Supervisor Veteran's
decision. A copy of that notice of petition and petition is
annexed as Exhibit B. Town Supervisor Veteran removed the
proceeding to this Court; together with others, we joined the
removal petition, which I understand was filed today.
Exhibit C : The Moving Defendants make reference,
in their moving papers, to another case filed by defendant
Coalition of United Peoples, Inc. ("COUP") in the State
Supreme Court to challenge the West HELP shelter. Coup v.
Veteran. Index No. 3316/88 (West. Co. Sup. Ct.) As the
Moving Defendants explain in their brief (p. 2), that COUP
action alleged that the proposed shelter was unlawful because
it was "intended to categorically exclude from the housing
homeless persons with mental illness, alcohol dependency,
and/or drug dependency." (emphasis added). By decision
dated January 6, 1989, the Court dismissed that patently
frivolous action. A copy of the decision is annexed as
Exhibit C.
Exhibit D : Our answering brief makes reference to
one district court decision available only in a computerized
data base, Bruce v. Department of Defense. Civil No. 87-0425
(D.D.C. June 17, 1987). For the Court's convenience, a copy
is annexed as Exhibit D.
3. I respectfully refer the Court to our accompa
nying memorandum of law. For the reasons there set forth,
the Moving Defendants' motions should be denied in all
respects.
3 ^
to before me this
day of January 1989.
i J L uNotary Public
aJay L. Himes
KOTAP.Y PUEi-IC, t .-le Kfcw VoO"
Qualiiifi ir.
Commission Exj j:*s
w i c^ih-Ccv—
Exhibit A
In the Matter
of
the Proposed Incorporation of
the Village of Mayfair Knollwood
A petition for the incorporation of certain territory
in the Town of Greenburgh as the Village of Mayfair
Kjtullwisw’d 1 i«viuy July Lwvu ivwcivvJ by mm uti S*pL*uib«& 14,
1988, end after due posting and publication of notice in
accordance with Section 2-204 of the Village Lav, a hearing
to consider the legal sufficiency of such petition having
been held on November 1, 1988, at the Creenburgh Town Hall,
Knollwood and Tarrytown Roads, Elmsford, New York, and said
hearing having been adjourned until November 21, 1988 for
the receipt of written testimony, in accordance with Section
2-206 of the Village Law, and all testimony and objections
having been heard;
Now, therefore, I hereby determine that the aforesaid
petition does not comply with the requirements of Article 2
cf the Village Law, does not comply with the requirements of
the Constitution of the Dnited States of America, and does
not comply with the requirements of the Constitution of the
State of New York, for the following reasons:
1. The boundary description submitted with the
petition did not describe the boundaries of the proposed
village with "common certainty" thereby making it impossible
to locate the boundaries with the precision that is
necessary. Numerous gaps in the proposed boundaries were
discovered making the description defective.
The memorandum in opposition submitted by the Town
Engineer clearly details the deficiencies in the boundary
description.
At least IS voids in the description were discovered
rendering it impossible to accurately define the village
boundaries.
The description does not even begin at a known point on
a filed map which is the fundamental criteria of all
property descriptions.
The description uses the centerline of Grasslands Road
yet fails to note that Grasslands Road has been relocated
and that the centerline at many points lies within the Town
of Mount Pleasant.
For these reasons and the other reasons stated in the
memo of the Town Engineer the boundary description is
clearly defective and does not describe the proposed village
with "common certainty".
2. The boundaries, where ascertainable, were
gerrymandered in a manner to exclude black persons from the
proposed village. Such gerrymandering constitutes a blatant
attempt at racial discrimination and violates the rights
granted to all citisens by the Constitution of the United
States of America and the Constitution of the State of New
York.
In the entire 30 years during which I have held
elective office I have never seen such a blatant and
calculated attempt to discriminate. The boundaries
-2-
repeatedly deviate from a natural courae solely to exclude
individual properties where blacks live. Within the
boundaries of the proposed village there is not a single
unit of multi-family bousing, housing which historically has
bean aore accessible to minority groups because of its lower
eost.
The boundary sigs and sags approximately 1000 feet
along Route 9A to exclude a scatter site public housing
project populated by 25 black families. The boundary carves
around the Granada Condominium development on three sides to
exclude its approximately 90 black families. The boundary
carves around the Old Tarrytovn Road School property, now
owned by a black developer, on three sides to exclude its
future population of 87 families, the majority of which are
anticipated to be black families. The boundary carves
through the neighborhood of North Elmsford, a neighborhood
which has stood cohesively as a unified area aince the
1880’s, including its predominantly white area in the
village but excluding its predominantly black area. The
boundary carefully excludes the black families of the River
Park Apartments, Parkway Homes, Parkway Gardens,
Rillside-Wyndover, and of course, the public housing and low
and moderate income housing areas of predominantly black
Pairview.
Ineludad in the proposed village is all the available
undeveloped lands bordering black areas. These undeveloped
lands are the only natural expansion areas for the black
neighborhoods. By taking these lands It is clear that the
petitioners intend to stop the growth of the black
neighborhoods in an attempt to exclude future generations of
blacks from Greenburgh.
While Article 2 of the Village Law does not
specifically address Itself to the "intent" of the
petitioners, Z firmly believe that the rights granted by the
federal and state constitutions transcend the procedural
technicalities set forth in the Village Lav.
The proceedures for the formation of a new village
cannot be used to accomplish an unlawful end. Therefore, it
is my obligation as a public official to defend the
constitution and to reject the petition on the grounds that
its purpose is to discriminate against black persons, to
segregate them, from whites by the imposition of political
barriers, and to prevent the natural expansion of the black
population in the Town of Greenburgh.
3. The new village was proposed for the sole purpose
of preventing the construction of transitional housing for
homeless families near the neighborhood of Mayfair
Xnollvood. Such an invidious purpose is not what was
contemplated by the Legislature when the statutes governing
the incorporation of villages were drawn and cannot be
permitted to succeed.
Historically, the legal concept of incorporated
villages was created to afford residents of an area an
opportunity to create a multipurpose special district to
•« I
secure fir* or police protection or other public services.
Typically, dusters of people in an otherwise sparsely
settled town joined together to provide services that would
not be of benefit to the Town as a whole.
After World War XI, the rapid population growth of
suburban towns led to the creation of town improvement
districts to provide needed services and the incorporation
of new villages virtually ceased and several existing
villages were dissolved.
The petitioners do not seek to incorporate to provide
themselves with services. The neighborhoods in question are
already serviced by town water, sewer, police and fire
protection.
Rather, the petitioners seek to incorporate for another
purpose. Their stated purpose for forming the village is to
prevent the proposed construction of transitional housing
for 108 homeless families near their neighborhoods.
Before agreeing to consider the homeless project, now
known as Westhelp, the Town Board insisted that various
safeguards be made a part of the proposal to adequately
mitigate against any possible adverse Impacts.
The Westhelp project includes a land set-aside of
approximately 34 wooded acres, the majority of which would
remain as a natural woodland buffer around all sides of the
housing with a minimum of 400 feet of woodlands between all
buildings and existing homes. The predominantly black
homeless residents would be provided on-site day care,
5-
•>
counseling, social services, recreation, transportation, end
24 hour security. Visitation would be restricted to a
single visitor's room in full view of a security guard.
Only homeless families would be housed on the premises
including only young mothers, their babies and other small
children. There would be no derelicts, drug addicts,
alcoholics, or bums. Children of school age would be bused
back to their school district of origin thereby providing
continuity of education. In summary, the project would
provide a clean, efficient, cost effective, and humane
alternative to welfare motels. The 106 families that would
be housed for an average stay of six months each represent
only a fraction of the over 4500 homeless persons now
present in Westchester County.
Yet, given all the safeguards and the high purpose of
the Westhelp project, the petitioners have organired to stop
the project by any means possible solely because of the
irrational argument that it is to be located in thsir
•back-yard".
While Article 2 of the Village lav does not
specifically address itself to the "intent* of the
petitioners, I firmly belie/e that tha rights grantsd by the
federal and state constitutions transcend the procedural
technicalities set forth in tha Village tew.
The proceedures for the formation of a new village
cannot be used to accomplish an unlawful end.
Therefore# it is ay obligation as a public official to
defend the constitution and to rajaet the patltlon on the
grounds that its purpose is to deny homeless persons needed
services# to exclude homeless persons# and to racially
discriminate against homeless persons vho are predominantly
black.
' 4. The petition is defective in that a substantial
number of signatures were obtained under false pretenses. I
have received numerous objections from persons vho signed
the petition stating that they were told that the petition
was only to ask for a straw poll of the residents on their
opinion as to whether a village should be formed, not a
petition to formally commence the incorporation procedure.
5. The petition is defective in that a substantial
number of the signatures contain irregularities and do not
match the known signatures of the persons alleged to have
signed.
6. The petition is defective in that numerous
residents were omitted from the list of ^regular
inhabitants”. Zn particular# many of the newer residents
were omitted.
Datedi Simsford, H.Y.
ANTHONY F . VETERAN
Supervisor
Town of Greenburgh
•t >
Exhibit B
. •
.J . —
SUPREME COURT OP THE STATE OP HEW TORE
COUNTY OP WESTCHESTER _________________________________________
In the Matter of the Application of
MYLES GREENBERG and PRANCES M.
MULLIGAN, proponents of a
petition to incorporate theVillage of Mayfair Knollwood, Index No.18286/88
Petitioners, NOTICE OF PETITION
For a Judgment pursuant to CPLR
Article 78, Judge Assigned:
—against— Hon. Aldo "Nastasi
ANTHONY F. VETERAN, Supervisor of the
Town of Greenburgh, New York, SUSAN ORAL ARGUMENT
TOLCHIN, Town Clerk of the Town of REQUESTED
Greenburgh, New York, and (See
annexed list of additional Respondents),
Respondents.
•X
PLEASE T’&TrP’ NOTICE that upon the annexed petition of. Myles
Greenberg and Frances M. Mulligan duly verified the m l day of
December 1988, and the exhibit annexed thereto, an application
will be made to the Supreme Court, at an IAS Part, held in and
for the County of Westchester, at the Courthouse thereof, 111
Grove Street, White Plains, N.Y., on the 3 0 day of January 1989,
at 9:30 o'clock in the forenoon or as soon thereafter as counsel
can be heard, for a judgment inter alia nullifying a December 1,
//
1988, decision of the Supervisor of the Town of Greenburgh, New
York which decision rejected as legally insufficient a petition
fcr the incoporation of the Village of Mayfair Knollwood,
sustaining said petition, awarding reasonable attorney's fees,
costs and disbursements, and such other and further relief as to
the Court seems just and proper.
Dated: White Plains, N.Y.
December 14, 1988
LOVETT & GOULD, ESQS.
Attorneys for Petitioners
180 E. Post Road
White Plains, N.Y. 10601
914-428-8401
TO: Anthony F. Veteran
Supervisor, Town of Greenburgh
Susan Tolchin
Clerk, Town of Greenburgh
All purported objectors of record
/
2
4r.' Thomas Carnecella
14 Old Country Road
Eimsford, NY 10523
is. Sara C Kaplan
907 Old Country Road
Eimsford, NY 10523
is. Dorothy Smolian
1701 Old Country Road
Elmsford, NY 10523
is. Madeline Misuraca
505 Old Country Road
Eimsford, NY 10523
ir. Guild Fetridge
507 Old Country Road
21msford, NY 10523
Mr. Bernard Blacksberg
39 Beaver Hill Road
21msford, NY 10523
Mr. Alfred Barbour
Payne Road
Eimsford, NY 10523
Ms. Edna Y Clark
65 Pavne Street
Eimsford, NY 10523
Mr. Fernando Bartley
188 Sears Avenue
Eimsford, NY 10523
Mr. William 3artley
188 Sears Avenue
Eimsford, NT 10523
Ms. Josephine Pecora
1415 Old Country Road
Eimsford, NY 10523
Ms. Josephine Lester
404 Old Country Road
Eimsford, NY 10523
Mr. Robert Misuraca, Jr.
505 Old Country Road
Eimsford, NY 10523
Ms. Christine Picciano
506 Old Country Road
Eimsford, NY 10523
Ms. Naomi Gillard
503 Old Country Road
Eimsford, NY 10523
Ms. Janette Kenner
166 Sears Avenue
Eimsford, NY 10523
Mr. Levi Clark
65 Payne Street
Eimsford, NY 10523
Ms. Annie Allen
155 Sears Avenue
Eimsford, NY 10523
Ms. Linda Howell
185 Sears Avenue
Eimsford, NY 10523
Mr. Melvin Kaplan
907 Old Country Road
Eimsford, NY 10523
Ms. Helen Perkins
1213 Old Country Road
Eimsford, NY 10523
Mr. Robert Misuraca
505 Old Country Road
Eimsford, NY 10523
Mr. Michael Picciano
506 Old Country Road
Eimsford, NY 10523
Mr. Benjamin Smolian
1701 Old Country Road
Eimsford, NY 10523
Ms . Mary Williams
179 Sears Avenue
Eimsford, NY 10523
Ms. Paulette Hinton
158 Sears Avenue
Eimsford, NY 10523
Mr. Roosevelt Hinton
158 Sears Avenue
Eimsford, NY 10523
Mr. William Allen
155 Sears Avenue
Eimsford, NY 10523
Mr. Jay L Howell
185 Sears Avenue
Eimsford, NY 10523
ir.' Aaron Daniel
.75 Sears Avenue
Jlmsford, NY 10523
Ms. Wendy St. Val
175 Sears Avenue
Elmsford, NY 10523
Ms. Elsi Daniel
175 Sears Avenue
Elmsford, NY 10523
Is. Alexandrina Daniel
.75 Sears Avenue
Z1msford, NY 10523
Ms. Lola D Hunter
171 Sears Avenue
Elmsford, NY 10523
Mr. Melvin Dixon
15 North Lawrence Avenue_
Elmsford, NY 10523
is. Barbara Robinson
13 N. Lawrence Avenue
Jimsford, NY 10523
Ms. Gertrude Gilham
23 N. Lawrence Avenue
Elmsford, NY 10523
Mr. James Rutledge
13 North High Street
Elmsford, NY 10523
is. Elizabeth Rutledge
.3 North High Street
Jlmsford, NY 10523
Mr. Mento Conaway
16 N. Lawrence Avenue
Elmsford, NY 10523
Ms. Gloria Richardson
126 Sears Avenue
Elmsford, NY 10523
ir. Thomas L Green
.03 Sears Avenue
Jimsford, NY 10523
Mr. Richard Williams
179 Sears Avenue
Elmsford, NY 10523
Mr. Herman Bennett
18 North Lawrence Avenue
Elmsford, NY 10523
is. Nellie Bennett
18 North Lawrence Avenue
Elmsford, NY 10523
Ms. Sharon Gilham
23 Lawrence Avenue
Elmsford, NY 10523
Mr. John F Baker
9 High Street
Elmsford, NY 10523
ir. Samuel Marable
10 North Lawrence Avenue
Elms ford, NY 10523
Francis Brooks
134 Winthrop Avenue
Elmsford, NY 10523
Mr. Alfred Peterson
141 Winthrop Avenue
Elmsford, NY 10523
irs. K. Miller
12S Winthrop Avenue
Elmsford, NY 10523
Mr. Booker Gamble
122 Winthrop Avenue
Elmsford, NY 10523
Ms. Joyann Gamble
122 Winthrop Avenue
Elmsford, NY 10523//
is . Thelma Robinson
103 Winthroo Avenue
Elmsford, NY 10523
Mr. Floyd Palmer
151 Winthrop Avenue
Elmsford, NY 10523
Ms. Ada Palmer
151 Winthrop Avenue
Elmsford, NY 10523
is . Peggy Maniscalco
153 Winthrop Avenue
Elmsford, NY 10523
Ms . Evelyn Roett
153 Winthrop Avenue
Elmsford, NY 10523
• %Mr. Bruce McLee
21 Lawrence Avenue
Elmsford, NY 10523
Ms 1 Bernadette Brown
176 Endicott Avenue
Elmsford, NT 10523
Ms. Lillie Davis
122 North Evarts Avenue
Elmsford, NT 10523
Corey Davis
122 North Evarts Avenue
Elmsford, NT 10523
Ms. Linda Kohn
137 Cabot Avenue
Elmsford, NT 10523
Mr. James Davis
76 North Evarts Avenue
Elmsford, NT 10523
Ms. Lola R Skeete
126 No. Evarts Avenue
Elmsford, NT 10523
Ms. Rhonda Tirfagrehu
128 North Evarts Avenue
Elmsford, NT 10523
Ms. Rebecca E Rivers
125 No. Evarts Avenue
Elmsford, NT 10523
Mr. Anthony Lewis
106 No. Evarts Avenue
Elmsford, NT 10523
A.C. Barrett Wright
106 No. Evarts Avenue
Elmsford, NT 10523
Mr. Joseph Hollis
119 Evarts Avenue
Elmsford, NT 10523
Mr. Vendell Shaw
121 Evarts Avenue
Elmsford, NT 10523
Ms. Marie Cassavecca
109 N. Lawn Avenue '
Elmsford, NT 10523
Mr. Peter Cassavecca
109 N. Lawn Avenue
Elmsford, NT 10523
Mr. Ralph McCracken
80 Payne Street
Elmsford, NT 10523
Mr. David Kohn.
Cabot Avenue
Elmsford, NT 10523
Iris Campbell
118 Cabot Avenue
Elmsford, NT 10523
Mr. Carlos McClendon
114 Cabot Avenue
Elmsford, NT 10523
Mr. Joe Knight
106 Cabot Avenue
Elmsford, NT 10523
Ms. Sharon Reed
106 Cabot Avenue
Elmsford, NT 10523
Ms. Brenda Funny
101 Cabot Avenue
Elmsford, NT 10523
Ms. Ruby McCalla
77 Payne Street
Elmsford, NT 10523
Mr. Henry McCalla
77 Payne Street
Elmsford, NT 10523
Ms. Violet Morris
77 Payne Street
Elmsfprd, NT 10523
/
Mr. Leo Morris
77 Payne Street
Elmsford, NT 10523
Mr. Alvis Stewart
77 Payne Street
Elmsford, NT 10523
Ms. Danee' Baskin
8 9 Cabot Avenue
Elmsford, NT 10523
•*
Ciezie Stephens
151 North Evarts Avenue
Elmsford, NT 10523
Ms . Margaret Hargrove
151 North Evarts Avenue
Elmsford, NT 10523
• ** . * Ms. Jc^elyn Valentine
130 Cabot Avenue
Elmsford, NT 10523
Ms. Shirlee Kennie
130 Cabot Avenue
Elmsford, NY 10523
Mr. James Hall, Sr.
130 Cabot Avenue
Elmsford, NY 10523
Mr. Ezzard C Sabell
112 Cabot Avenue
Elmsford, NY 10523
Ms. Ivy Darling
102 Cabot Avenue
Elmsford, NY 10523
Mr. Ray Hayward
81 Cabot Avenue
Elmsford, NY 10523
Ms. Naomi F Jones
69 Cabot Avenue
Elmsford, NY 10523
Mr. William H Jones
69 Cabot Avenue
Elmsford, NY 10523
Mr. Kent C Jones
69 Cabot Avenue
Elmsford, NY 10523
Mr. Lester Riley
45 Cabot Avenue
Elmsford, NY 10523
Ms. Mary Ann Spencer
40 Cabot Avenue
Elmsford, NY 10523
Mr. Samuel Washington
95 Payne Street
Elmsford, NY 10523
Ms. MaryLou Washington
95 Payne Street
Elmsford, NY 10523
Mr. Delrose Jones
165 Endicott Avenue
Elmsford, NY 10523
Ms. Bernice Jamison
137 North Lawn Avenue
Elmsford, NY 10523
Pariz Chitsazan
220 Endicott Avenue
Elmsford, NY 10523
Ms- Mary E Scott
205 Endicott Avenue
Elmsford, NY 10523
Mr. Fred Scott
205 Endicott Avenue
Elmsford, NY 10523
Mr. John E Moss
289 Endicott Avenue
Elmsford, NY 10523
Mr. Garrett W Conaway
97 Cabot Avenue
Elmsford, NY 10523
S . Stephen Funny
101 Cabot Avenue
Elmsford, NY 10523
Ms. Lori A Fullenweider
111 Cabot Avenue
Elmsford, NY 10523
Ms. Joan Fullenweider
111 Cabot Avenue
Elmsford, NY 10523
Ms. Frances Middleton
115 Cabot Avenue
Elmsford, NY 10523
Ms. Alexis Edwards
115 Cabot Avenue
Elmsfprd, NY 10523✓
Mr. Nathaniel Middleton
115 Cabot Avenue
Elmsford, NY 10523
M.E. Baskett
21 Cabot Avenue
Elmsford, NY 10523
Mr. Derek Williams
129 Cabot Avenue
Elmsford, NY 10523
Mr. Richard Lewis
131 Cabot Avenue
Elmsford, NY 10523
Ms. Ruth 0 Sumner
132 Cabot Avenue
Elmsford, NY 10523
Ms. Elizabeth Wright
214 Endicott Avenue
Elmsford, NY 10523
Ms; Joanna Macon
214 Endicott Avenue
Elmsford, NY 10523
Mr. John Pina
214 Endicott Avenue
Elmsford, NY 10523
Ms. Wanda Macon
214 Endicott Avenue
Elmsford, NY 10523
Mr. Lawrence Pina
212 Endicott Avenue
Elmsford, NY 10523
Mr.- Alfonso Dixon
203 Endicott Avenue
Elmsford, NY 10523
Ms. Gail Dixon
203 Endicott Avenue
Elmsford, NY 10523
Ms. Susie Blanshaw
223 Endicott Avenue
Elmsford, NY 10523
Mr. Ron Blanshaw
223 Endicott Avenue
Elmsford, NY 10523
Ms. Julia Hilliard
225 Endicott Avenue
Elmsford, NY 10523
Mr. Clyde Hilliard
225 Endicott Avenue
Elmsford, NY 10523
Ms. Cassandra Hilliard
225 Endicott Avenue
Elmsford, NY 10523
Ms. Elsie Martin
234 Endicott Avenue
Elmsford, NY 10523
Sandy Martin
234 Endicott Avenue
Elmsford, NY 10523
Ms. Harriet Burton
255 Abbott Avenue
Elmsford, NY 10523
Mr. William H White,
259 Abbott Avenue
Elmsford, NY 10523
Jameela R White
259 Abbott Avenue
Elmsford, NY 10523
Mr. Willie J Brooks
267 Abbott Avenue
Elmsford, NY 10523
Ms. Lina Eller
262 Abbott Avenue
Elmsford, NY 10523
Ms. Vera Gibbs
248 Abbott Avenue
Elmsford, NY 10523
Ms. Mary T Lewis
293 Abbott Avenue
Elmsford, NY 10523
Mr. Mark Lewis
293 Abbott Avenue
Elmsford, NY 10523
Ms. Sarah L Smith
293 Abbott Avenue
Elmsford, NY 10523
Blonnie Jones
256 Abbott Avenue
Elmsford, NY 10523
Ms. Bernice Romeo
253 Abbott Avenue
Elmsford, NY 10523
s/
Ms. Ann Bhagirath
253 Abbott Avenue
Elmsford, NY 10523
Mr. Eddie Pace
278 Abbott Avenue
Elmsford, NY 10523
Mr. Wayne Bass
292 Abbot Avenue
Elmsford, NY 10523
Ms . Cecile Grasty
277 Abbott Avenue
Elmsford, NT 10523
Ms. Cecil Lazarus
231 Bryant Avenue
Elmsford, NY 10523
Mr. Caryl Lazarus
231 Bryant Avenue
Elmsford, NY 10523
1
Ms. Sharon Baylock
11 Bryant Avenue
Elmsford, NY 10523
Mr. Lawrence Baylock
11 Bryant Avenue
Elmsford, NY 10523
Ms. Edna Murrell
225 Bryant Avenue
Elmsford, NY 10523
Mr. Oscar S Jones, Jr.
200 Bryant Avenue
Elmsford, NT 10523
Ms. Helen G Jones
200 Bryant Avenue
Elmsford, NY 10523
Inell Alston
212 Bryant Avenue
Elmsford, NY 10523
Mr. Levi Alston
212 Bryant Avenue
Elmsford, NY 10523
Ms. Mary F Martin
208 Bryant Avenue
Elmsford, NY 10523
Mr. Earnest Martin
208 Bryant Avenue
Elmsford, NY 10523
Mr. Frank A DeLorenzo
228 Bryant Avenue
Elmsford, NY 10523
Ms. Carmelita Lazaros
231 Bryant Avenue
Elmsford, NY 10523
Ms. Edith Bethea
1 Lawrence Avenue
Elmsford, NY 10523
Mr. Alfred Nisbett
5 Lawrence Avenue
Elmsford, NY 10523
Ms. Phyllis L Nisbett
5 Lawrence Avenue
Elmsford, NY 10523
Ms. Buerina Lampley
7 Lawrence Avenue
Elmsford, NY 10523
Mr- James Calloway
14 South Lawrence Avenue
Elmsford, NY 10523
Ms. Kathryn E Howard
16 S. Lawrence Avenue
Elmsford, NY 10523
Mr. Marvin K Howard
16 S. Lawrence Avenue
Elmsford, NY 10523
Mr. James A Edwards
8 Lawrence Avenue
Elmsford, NY 10523
Ms. Cindy L Edwards
8 Lawrence Avenue
Elmsford, NY 10523
Mr. Halcourt Tynes, Jr.
19 Lawrence Avenue
Elmsford, NY 10523
Montisa Johnson
9 So. Lawrence Avenue
Elmsford, NY 10523
Mr. Clarence Johnson
9 So. Lawrence Avenue
Elmsford, NY 10523
Ms. Shirley Cooper
43 Orchard Lane
Elmsford, NY 10523
/
Mr. Harry Cooper
43 Orchard Lane
Elmsford, NY 10523
Mr. Herbert 0 Kruger
40 Beaver Hill Road
Elmsford, NY 10523
Ruth Roth, Esq.
Cuddy & Feder, Esqs.
90 Maple Avenue
White Plains, NY 10601
Robert Martin Company
100 Clearhrook Road
Elmsford, NY 10523
Baker Properties
485 Washington Avenue
Pleasantville, NY 10570
Keren Developments, Inc
Old Saw Mill River R&ac
Tarrytovn, NY 10591
/
Ms. Judith Reed
21 Orchard Lane
Elmsford, NY 10523
Mr. David Davis
21 Orchard Lane
Elmsford, NY 10523
fvonne D. Jones IAACP , .White Plains-Greenburgh
One Prospect Avenue
White Plains, NY 10607
Mr. Harry Weinick
1402 Old Country Road
Elmsford, NY 10523
Mr. Robert Jean
1002 Old Country Road
Elmsford, NY 10523
Mr. Richard Schlesinger
707 Old Country Road
Elmsford, NY 10523
Lee Bender
1302 Old Country Road
Elmsford, NY 10523
Mr. Robert J Burdick
1314 Old Country Road
Elmsford, NY 10523
Ms. Michelle Zappavigna
1214 Old Country Road
Elmsford, NY 10523
Ms. Patty Dube
1306 Old Country Road
Elmsford, NY 10523
Mr. Clifford Webb
1318 Old Country Road
Elmsford, NY 10523
Mr. Mark Finsmith
1501 Old Country Road
Elmsford, NY 10523
Mrs. Harry Weinick
1402 Old Country Road
Elmsford, NY 10523
Mr. Jay Auguste
1307 Old Country Road
Elmsford, NY 10523
Ms. Donna Chambers
1301 Old Country Road
Elmsford, NY 10523
Ms. Sandy Mitchell
1314 Old Country Road-
Elmsford, NY 10523
Ms - Joyce Eshet
1312 Old Country Road
Elmsford, NY 10523
Ms. JoAnne Brown
1306 Old Country Road
Elmsford, NY 10523
Ms. Rose Holton
1317 Old Country Road
Elmsford, NY 10523
Ms. Marilyn Frankel
1218 Old Country Road
Elmsford, NY 10523
Mr. Reginald Rogers
1511 Old Country Read
Elmsford, NY 10523
Board of Managers
Westchester Hills Condom_-
1800 Old Country Road
Elmsford, NY 10523
Mr. Allen Bender
1302 Old Country Road
Elmsford, NY 10523
Ms. Katherine A Burdick
1314 Old Country Road
Elmsford, NY 10523
Mr. Raphael Eshet
1312 Old Country Road
Elmsford, NY 10523
Mr. Eddie Brown
1306 Old Country Road
Elmsford, NY 10523
Ms. Juanita Webb
1318 Old Country Road
Elmsford, NY 10523
Ms. Marcia Finsmith
1501 Old Country Road
Elmsford, NY 10523
Ms. Grace W Schuttenberg
1514 Old Country Read
Elmsford, NY 10523
Ms. Mary Tobias
1401 Old Country Road
Elmsford, NY 10523
Mr. Igmazio Fazio
1502 Old Country Road
Elmsford, NY 10523
Ms. Diane Fazio
1502 Old Country Road
Elmsford, NY 10523
Ms. Phyllis Serraino
1515 Old Country Road
Elmsford, NY 10523
Mr. Philip Serraino
1515 Old Country Road
Elmsford, NY 10523
Ms. Helen G Harper
1517 Old Country Road
Elmsford, NY 10523
Mr. Peter G Papineau
1507 Old Country Road
Elmsford, NY 10523
Mr. Gerald Newman
1207 Old Country Road
Elmsford, NY 10523
Mr. Thomas E Llewellyn
18 Hartsdale Road
Elmsford, NY 10523
Ms. Maria Schuttenberg
1508 Old Country Road
Elmsford, NY 10523
Ms. Susan Schuttenberg
1508 Old Country Road
Elmsford, NY 10523
Ms. Erika M Tobias
1401 Old Country Road
Elmsford, NY 10523
Mr. Louis Wamick
1402 Old Country Road
Elmsford, NY 10523
Mr. Paul Kerlee
1404 Old Country Road
Elmsford, NY 10523
Mr. James Ennis
1413 Old Country Road
Elmsford, NY 10523
Ms. Lori Anne Ennis
1413 Old Country Road
Elmsford, NY 10523
Ms. Dina M Murray
1406 Old Country Road
Elmsford, NY 10523
Mr. Walter Murray
1406 Old Country Road
Elmsford, NY 10523
Ms - Sarah Lidu
1407 Old Country Road
Elmsford, NY 10523
Ms. Pam Pecora
1415 Old Country Road
Elmsford, NY 10523
Ms. Urania Messing
1405 Old Country Road
Elmsford, NY 10523
Ms. Carolyn Vollrath
1414 Old Country Road
Elmsford, NY 10523
Mr Joe Follick
704 Old Country Road
Elmsford, NY 10523
Mr. Richard Atkins
376 Saw Mill River Road
Elmsford, NY 10523
Amos Fair
376 Saw Mill River Road
Elmsford, NY 10523 .
/
Ms. Mary Royster
376 Saw Mill River Road
Elmsford, NY 10523
C . Hailey
376 Saw Mill River Road
Elmsford, NY 10523
J. Hailey
376 Saw Mill River’ Road
Elmsford, NY 10523
?. Hailey
376 Saw Mill River Road
Elmsford, NY 10523
Ms. Debra Brown
376 Saw Mill River Road
Elmsford, NY 10523
Mr. George Harris
376 Saw Mill River Road
Elmsford, NY • 10523
Mr. Richard Royster
376 Saw Mill River Road
Elms ford, NY 10523
Mr. James Hays
376 Saw Mill River Road
Elmsford, NY 10523
Mr. Robert Day
376 Saw Mill River Road
Elmsford, NY 10523
Robin Brabham
376 Saw Mill River Road
Elmsford, NY 10523
Ms. Patricia Miller
376 Saw Mill River Road
Elmsford, NY 10523
Mr. Vinod K Dhar
706 Old Country Road
Elmsford, NY 10523
Basanti Dhar
706 Old Country Road
Elmsford, NY 10523
Mr. William Picker
708 Old Country Road
Elmsford, NY 10523
Ms. Barbara Rissman
708 Old Country Road
Elmsford, NY 10523
Mr. Robert J Liggio
709 Old Country Road
Elmsford, NY 10523
Ms. Eleanor Liggio
709 Old Country Road
Elmsford, NY 10523
Ms. Janine Nicolich
709 Old Country Road
Elmsford, NY 10523
Ms. Barbara Jacobs
702 Old Country Road
Elmsford, NY 10523
Mr. Irving Jacobs
702 Old Country Road
Elmsford, NY 10523
Mr. Robert P Kelly
701 Old Country Road
Elmsford, NY 10523
Ms. Katie Koulianos
705 Old Country Road
Elmsford, NY 10523
Ti Pappas
703 Old Country Road
Elmsford, NY 10523
C- Pappas
703 Old Country Road
Elmsford, NY 10523
A. Pappas
703 Old Country Road
Elmsford, NY 10523
C.B. Kelly
701 Old Country Road
Elmsford, NY 10523
Alberta Taylor
1704 Old Country Road
Elmsford, NY 10523
Ms . Ann Pira
1702 Old Country Road
Elmsford, NY 10523
Ms. Sylvia Rivera
1702 Old Country Road
Elmsford, NY 10523
Mr. Manfred Klein
1709 Old Country Road
Elmsford, NY 10523/
Ms. Ruth Castore
1703 Old Country Road
Elmsford, NY 10523
Ms. Nina Santostasi
1705 Old Country Road
Elmsford, NY 10523
Mr. Nick Santostasi
1705 Old Country Road
Elmsford, NY 10523
Ms. Marie V Buschei
1707 Old Country Road
Elmsford, NY 10523
Mr. Richard Buschei
1707 Old Country Road
Elmsford, NY 10523
Mr. Anthony Santostasi
1705 Old Country Road
Elmsford, NY 10523
• . • • •
L.
Ms'. Patricia Seacord
1706 Old Country Road
Elmsford, NY 10523
Mr. James Seacord
1706 Old Country Road
Elmsford, NY 10523
Ms. Tricia Seacord
1706 Old Country Road
Elmsford, NY 10523
Mr. Philip R Johnson
102 Old Country Road
Elmsford, NY 10523
Ms. Shirley Johnson
102 Old Country Road
Elmsford, NY 10523
Mr. Thomas Fagan
103 Old Country Road
Elmsford, NY 10523
Ms. Cynthia Fagan
103 Old Country Road
Elmsford, NY 10523
Mr. Eric Chou
106 Old Country Road
Elmsford, NY 10523
Ms. Michelle Chou
106 Old Country Road
Elmsford, NY 10523
Ms. Claire Distasio
105 Old Country Read
Elmsford, NY 10523
Ms. Ethel Distasio
105 Old Country Road
Elmsford, NY 10523
Ms. Ann Distasio
105 Old Country Road
Elmsford, NY 10523
Mr. Victor Fusella
107 Old Country Road
Elmsford, NY 10523
Ms. Rita Fusella
107 Old Country Road
Elmsford, NT 10523
Ms. Lorraine R Fusella
107 Old Country Road
Elmsford, NY 10523
Ms. Emily Arceri
109 Old Country Road
Elmsford, NY 10523
Mr- Domenick Arceri
109 Old Country Road
Elmsford, NY 10523
Mr. John Coram
108 Old Country Road
Elmsford, NY 10523
Ms. Estella Thomas
108 Old Country Road
Elmsford, NY 10523
Mr. Anthony Blanchard
811 Old Country Road
Elmsford, NY 10523
M s . E . Blanchard
811 Old Country Road
Elmsford, NY 10523
Mr. Patrick R Blanchard
811 Old Country Road
Elmsford, NY 10523
Oymie H Martin
801 Old Country Road
Elmsford, NY 10523
Mr. William A Martin
801 Old Country Road
Elmsfprd, NY 10523/
Mr. Donald Boyle
814 Old Country Road
Elmsford, NY 10523
Ms. Nancy Boyle
814 Old Country Road
Elmsford, NY 10523
M s . Hilde Llewellyn
803 Old Coiii^ry Road-
Elmsford, NY 10523
Nial A Llewellyn
803 Old Country Road
Elmsford, NY 10523
Ms . Patricia Snryth
804 Old Country Road
Elmsford, NY 10523
Francis Snryth
804 Old Country Road
Elmsford, NY 10523
I
Mr.'Harvey Kahn
802 Old Country Road
Eimsford, NT 10523
Ms. Gilda Penn
812 Old Country Road
Eimsford, NY 10523
Ms. Nancy Leeming
818 Old Country Road
Eimsford, NY 10523
Mr. Irwin Stahl
818 Old Country Road
Eimsford, NY 10523
Mr. Sal Pocoroba
913 Old Country Road
Eimsford, NY 10523
Ms. Donna Laino
905 Old Country Road
Eimsford, NY 10523
Mr. Louis Laino
905 Old Country Road
Eimsford, NY 10523
Deone Carene
906 Old Country Road
Eimsford, NY 10523
Ms. Lela Major
908 Old Country Road
Eimsford, NY 10523
Mr. Otis Major
908 Old Country Road
Eimsford, NY 10523
Mr. Mel Kaplan
907 Old Country Road
Eimsford, NY 10523
Mr. Peter T McCauley
915 Old Country Road
Eimsford, NY 10523
Ms. Veronica McCauley
915 Old Country Road
Eimsford, NY 10523
Mr. John Poniros
917 Old Country Road
Eimsford, NY 10523
Ms. Mary Poniros
917 Old Country Road
Eimsford, NY 10523
Mr. Louis Markowitz
912 Old Country Road
Eimsford, NY 10523
Ms. Theresa Markowitz-
912 Old Country Road
Eimsford, NY 10523
Mr. John Halton
1317 Old Country Road
Eimsford, NY 10523
Ms. Mary Auguste
1307 Old Country Road
Eimsford, NY 10523
Ms. Diane Halton-Schmid
1308 Old Country Road
Eimsford, NY 10523
Mr. Stephen J Schmidt
1308 Old Country Road
Eimsford, NY 10523
Pat Russell
1104 Old Country Road
Eimsford, NY 10523
Ms. Rosemary A Collins
1103 Old Country Road
Eimsford, NY 10523
Ms. Joyce Kleiman
1006 Old Country Road
Eimsford, NY 10523//
Mr. Donald Leone
903 Old Country Road
Eimsford, NY 10523
Ms. Lilliam Leone
903 Old Country Road
Eimsford, NY 10523
Ms. Ginny Doyle
904 Old Country Road
Eimsford, NY 10523
Mr. Danny Doyle
904 Old Country Read
Eimsford, NY 10523
Ms. Leona R Simmons
918 Ola Country Road
Eimsford, NY 10523
Ms. JoAnne Ensly
501 Old Country Road*'
Eimsford, NY 10523
Ms.. Linda Fetridge
507 Old Country Road
Elmsford, NY 10523
Ms. Evelyn Cohen
509 Old Country Road
Elmsford, NY 10523
G. Fetridge
507 Old Country Road
Elmsford, NY 10523
Mr. Irving Spiro
1105 Old Country Road
Elmsford, NY 10523
Mr. Michael J Madden
1107 Old Country Road
Elmsford, NY 10523
Gerianne Madden
1107 Old Country Road
Elmsford, NY 10523
Mr. Tom Kazimir
1108 Old Country Road
Elmsford, NY 10523
Ms. Sylvia Kazimir
1108 Old Country Road
Elmsford, NY 10523
Mr. Tom Dilworth
1109 Old Country Road
Elmsford, NY 10523
Ms. Sharon S Dilworth
1109 Old Country Road
Elmsford, NY 10523
Mr. James Lyons
1201 Old Country Road
Elmsford, NY 10523
Mr. Nick Lyons
1201 Old Country Road
Elmsford, NY 10523
Ms. Lillian Lyons
1201 Old Country Road
Elmsford, NY 10523
Mr. Salvatore DeSalo
1202 Old Country Road
Elmsford, NY 10523
Mr. Joe Zappagna
1214 Old Country Road
Elmsford, NY 10523
Mr. Howard. S Pamkin
1212 Old Country Road
Elmsford, NY 10523
Mr. Charles White
1211 Old Country Road
Elmsford, NY 10523
Ms. Lucy Valerio
1416 Old Country Road
Elmsford, NY 10523
Ms. Ellen Jean
1002 Old Country Road
Elmsford, NY 10523
Ms. Kristin Hein
1003 Old Country Road
Elmsford, NY 10523
Ms. Maria Lannon
1003 Old Country Road
Elmsford, NY 10523
Ms. Dolores J Bartlett
1004 Old Country Road
Elmsford, NY 10523
Mr. Stevens Kleimant
1006 Old Country Road
Elmsford, NY 10523
Mr. Melvin W Neal
1008 Old Country Road
Elmsford, NY 10523
/
Ms. Joyce D Neal
1008 Old Country Road
Elmsford, NY 10523
Ms. Barbara Rose
1101 Old Country Road
Elmsford, NY 10523
Mr. Ernest Rose
1101 Old Country Road
Elmsford, NY 10523
Mr. Kevin Kennedy
1102 Old Country Read
Elmsford, NY 10523
Ms. Candy Kennedy
1102 Old Country Road
Elmsford, NY 10523
_ -t
Mr. Henry. Collins
1103 Old CJffntry Road
Elmsford, NY 10523
Ms.. Caroline Spiro
1105 Old Country Road
Elmsford, NY 10523
Mr. Charles Gebbia
1608 Old Country Road
Elmsford, NY 10523
Ms. Lena Gebbia
1608 Old Country Road
Elmsford, NY 10523
Mr. Gary Belkin
1606 Old Country Road
Elmsford, NY 10523
Mr. Steve Astone
1615 Old Country Road
Elmsford, NY 10523
Ms. Rose Astone
1615 Old Country Road
Elmsford, NY 10523
Ms. Lynne Tannen
1603 Old Country Road
Elmsford, NY 10523
Ms. Lauri Tannen
1603 Old Country Road
Elmsford, NY 10523
Ms. Debra Lee
1602 Old Country Road
Elmsford, NY 10523
Mr. Thomas Lee
1602 Old Country Road
Elmsford, NY 10523
Ms. Carol Lee
1602 Old Country Road
Elmsford, NY 10523
Ms. Irene Albonetti
1601 Old Country Road
Elmsford, NY 10523
Mr. Al Albonetti
1601 Old Country Road
Elmsford, NY 10523
Ms. Lisa Kor-Marano
1618 Old Country Road
Elmsford, NY 10523
Mr. Richard Marano
1618 Old Country Road
Elmsford, NY 10523
Toni Kakos
1604 Old Country Road
Elmsford, NY 10523
M- Scherquist
1315 Old Country Road
Elmsford, NY 10523
Mr. Jeff Jackson
1315 Old Country Road
Elmsford, NY 10523
J. Challa
203 Old Country Road
Elmsford, NY 10523
M. Rozie
206 Old Country Road
Elmsford, NY 10523
K. Rozie
206 Old Country Road
Elmsford, NY 10523
N. Desai
204 Old CounSty Road
Elmsford, NY 10523
Anil Desai
204 Old Country Road
Elmsford, NY 10523
Ms. Annie M-Robinson
207 Old Cou fc^a^Road
Elmsford, NY ±<5523
/
Ms. Juanita Thomas
207 Old Country Road
-Elmsford, NY 10523
Mr. Edward Gansalves
209 Old Country Road
- Elmsford, NY 10523
Ms. Carol Gansalves
209 Old Country Road
— Elmsford, NY 10523
Ns. Nancy Hnat
6 04 Old Ccur.trv Roac
Elmsford, NY 10523
Ms. Shirley Aronsin
609 Old Country Road
Elmsford, NY 10523
Mr. Donald' Aronsin
609 Old Country Road
Elmsford, NY 10523
Mr. Lawrence Valerio
1416 Old Country Road
Elmsford, NY 10523
Mr. Arthur Crawfort
307 Old Country Road
Elmsford, NY 10523
Ms. Melissa Lupi
305 Old Country Road
Elmsford, NY 10523
Mr. Leonard Wohl
316 Old Country Road
Elmsford, NY 10523
Ms. Debbie Lupi
318 Old Country Road
Elmsford, NY 10523
Ms. Gertrude Brown.
317 Old Country Road
Elmsford, NY 10523
M . B . Moure
304 Old Country Road
Elmsford, NY 10523
Ms. Carrie Whittle
301 Old Country Road
Elmsford, NY 10523
Mr. Aaron Shapiro
408 Old Country Road
Elmsford, NY. 10523
Mr. Anthony Lazzaro
416 Old Country Read
Elmsford, NY 10523
Jean Fabi
1009 Old Country Road
Elmsford, NY 10523
Ms. Susan Fabi
1009 Old Country Road
Elmsford, NY 10523
Ms. Elayne Crawfort
307 Old Country Road
Elmsford, NY 10523
Mr. Daniel Lupi
305 Old Country Road
Elmsford, NY 10523
J.L. Adamson
306 Old Country Road
Elmsford, NY 10523
Ms. Charlotte Bomma
308 Old Country Road
Elmsford, NY 10523
Ms. Anita Wohl
316 Old Country Road
Elmsford, NY 10523
Ms. Della Bryant
315 Old Country Read
Elmsford, NY 10523
Ms. Ann Lupi
318 Old Country Road
Elmsford, NY 10523
Ms. Donna Lupi
318 Old Country Road
Elmsford, NY 10523
J.A. Prusak
1216 Old Country Road
Elmsford, NY 10523
Kohi Meinon
303 Old Country Road
Elmsford,. NY 10523
Ms. Karen Kelly
302 Old Country Road
Elmsford, NY 10523
Ms. Jean Sypher
311 Old Country Read
Elmsford, NY 10523
Ms. Violet R Leone
313 Old Country Road
Elmsford, NY 10523
Ms. June Nassau
312 Old Country Road
Elmsford, NY 10523//
Ms. Elisa Shapiro
408 Old Country Road
Elmsford, NY 10523
Mr. Joseph Lazzaro
♦17 OldrCountry Road
Elmsfor^^-NE; - 10523
Ms. Madana F Cartaina
418 Old Country
Elmsford, NY 10523
^ *
Louisa M Carzaina
418 Old Country Road
Elmsford, NY 10523 • -
7. - ..
Mr. Ernest P Beremann
414 Old Country Road
Elmsford, NY 10523
Mr. Martin Abramowitz
413 Old Country Road
Elmsford, NY 10523
H. Weinfeld
406 Old Country Road
Elmsford, NY 10523
Mr. Kenneth Kakos
1604 Old Country Road
Elmsford, NY 10523
Ms. Suzanne Fedeyko
1605 Old Country Road
Elmsford, NY 10523
Mr. John P Forman
405 Old Country Road
Elmsford, NY 10523
Ms. Maryann Gromisch
403 Old Country Road
Elmsford, NY 10523
Noel C Buckle
412 Old Country Road
Elmsford, NY 10523
Ms. Shirley Irvine
1708 Old Country Road
Elmsford, NY 10523
Mr. G. Moore
375 Saw Mill River Road
Elmsford, NY 10522
Ms. Patricia Cowles
411 Old Country Road
Elmsford, NY 10523
Ms. carol Abramowitz
413 Old Country Road
Elmsford, NY 10523
Ms. Helen Rose
1616 Old Country Road
Elmsford, NY 10523
Anne Nancy Kupersmith
1604 Old Country Road
Elmsford, NY 10523
Ms. Anna Mangini
1605 Old Country Road
Elmsford, NY L0523
Mr. Charles D Jefferson
401 Old Country Road
Elmsford, NY 10523
M.E. Gromisch
403 Old Country Road
Elmsford, NY 10523
Ms. Carol Newman
1207 Old Country Road
Elmsford, NY 10523
Ms. Stacey Irvine
1708 Old Country Road
E lmsford, NY 10523
Mrs. G. Moore
376 Saw Mill River Road
Elmsford, NY 10523
Mr. George Cowles
411 Old Country Road
Elmsford, NY 10523
Michael L Schwartzman
415 Old Country Road
Elmsford, NY 10523
Mr. Ned Rose
1616 Old Country Road
Elmsford, NY 10523
Mr. John Tuttle
1614 Old Country Road
Elmsford, NY 10523
Ms. Marilyn Molloy
1612 Old Country Road
Elmsford, NY 10523
Ms- Agnes Jefferson
401 Old Country Road
Elmsford, NY 10523
Mr. Charles Lester
404 Old Country Road
Elmsford, NY 10523
Ms. Viola Stefani
101 Old Country Road
Elmsford, NY 10523//
Ms. Cathy Tobias
1401 Old Country Road
Elmsford, NY 10523
Mr. David Carter-
376 Saw Mill River Road
Elmsford, NY 10523
/
Ms. Martha Kennie
376 Saw Mill River Road
Elmsford, NY 10523
Ms. Patricia Thomas
376 Saw Mill- River Road
Elmsford, NY 10523
Ms. Beth Stauffer
1401 Old Country Road
Elmsford, NY 10523
Mr. Tom Camevalla
1417 Old Country Road
Elmsford, NY 10523
Ms. Rosemarie Camevalla
1417 Old Country Road
Elmsford, NY 10523
Mr. Jack Astley
1418 Old Country Road
Elmsford, NY 10523
Ms. Mary Astley
1418 Old Country Road
Elmsford, NY 10523
Mr. Stephen Winston
806 Old Country Road
Elmsford, NY 10523
Mr. Malcolm McRae
808 Old Country Road
Elmsford, NY 10523
W. Corker
813 Old Country Road
Elmsford, NY 10523
Mr. Rich Ciocca
815 Old Country Road
Elmsford, NY 10523
Ms. Melissa Ciocca
815 Old Country Road
Elmsford, NY 10523
Mr. Aaron Slavin
817 Old Country Road
Elmsford, NY 10523
Ms. Estelle Slavin
817 Old Country Road
Elmsford, NY 10523
Mr. Raymond Schuttenberg
1508 Old Country Road
Elmsford, NY 10523
Mr. Steve Rabinaw
1504 Old Country Road
Elmsford, NY 10523
Ms. Jane P Rabinaw
1504 Old Country Road
Elmsford, NY 10523
Ms- Judith Shannon
8 Leaf Place
Elmsford, NY 10523
Manny Klein
1709 Old Country Road
Elmsford, NY 10523
Ms. Ella Preiser
23 Orchard Lane
Elmsford, NY 10523
Mr. John Apicelli
3 Westward Place
Elmsford, NY 10523
Ms. Barbara Apicelli
3 Westward Place
Elmsford, NY 10523
Mr. Dominick Campagna
1 Westward Place
Elmsford, NY 10523
Ms. Loretta Campagna
1 Westward Place
Elmsford, NY 10523
✓
Ms. Marge Arone
4 Westward Place
Elmsford, NY 10523
R .L . Arone
4 Westward Place
Elmsford, NY 10523
Ms. Marguerite C Arone
4 Westward Place
Elmsford, NY 10523
Ms. Kathleen McDonnell
5 Westward Place
Elmsford, NY 10523
Ms. Laura LiMarzi
300 Saw Mill River Road
Elmsford, NY 10523
Mr. Peter LiMarzi
300 Saw Mill River Road
Elmsford, NY 10523 «•
Mr. Roy Carmen
IS Orchard Lane
Elmsford, NY 10523
Mr. Valalla
25 Orchard Lane
Elmsford, NY 10523
Mr. Andrew Preiser
23 Orchard Lane
Elmsford, NY 10523
Ms. Diane M Serra
6 Beaver Hill Road
Elmsford, NY 10523
Ms. Ethel Lagana
5 Beaver Hill Road
Elmsford, NY 10523
D. Montagnoli
11 Beaver Hill Road
Elmsford, NY 10523
Ms. Barbara Zachensky
15 Beaver Hill Road
Elmsford, NY 10523
Mr. Bobbi Zachensky
15 Beaver Hill Road
Elmsford, NY 10523
Mr. William F Rice
24 Beaver Hill Road
Elmsford, NY 10523
Mr. Harold Brennan
22 Beaver Hill Road
Elmsford, NY 10522
Mr. Albert Carmen
IS Orchard Lane
Elmsford, NY 10523
W. Kirkstadt
29 Orchard Lane
Elmsford, NY 10523
Ms. Josephine Serra
6 Beaver Hill Road
Elmsford, NY 10523
Ms. Cannelina Douai
7 Beaver Hill Road
Elmsford, NY 10523
G . Montagnoli
11 Beaver Hill Road
Elmsford, NY 10523
J~ Tatta
13 Beaver Hill Road
Elmsford, NY 10523
Mr. Stephen Zachensky
15 Beaver Hill Road
Elmsford, NY 10523
Ms. Marie Pasqtiel
26 Beaver Hill Road
Elmsford, NY 10523
Ms. Olive P Loftus
24 Beaver Hill Road
Elmsford, NY 10523
Ms. Lisa Arceri
10 Beaver Hill Road
Elmsford, NY 10523
Ms. Carolyn Griffithe
17 Orchard Lane
Elmsford, NY 10523
Mr. William Preiser
23 Orchard Lane
Elmsford, NY 10523
Mr. Joe Douai
7 Beaver Hill Road
Elmsford, NY 10523
W. Montagnoli
11 Beaver Hill Road
Elmsford, NY 10523
Ms. Roseann Variano
19 Beaver Hill Road
Elmsford, NY 10523
Ms. Maxima Zachensky
15 Beaver Hill Road
Elmsford, NY 10523
Ms. Olive P Rice
24 Beaver Hill Road
Elmsford, NY 10523
x
Ms. Domenica Brennan
22 Beaver Hill Road
Elmsford, NY 10523
Mr. Gregory Arceri
10 Beaver Hill Road
Elmsford, NY 10523
Ms. Judy Weis
18 Beaver Hill Road
Elmsford, NY 10523
Mr. Raymond Shannon
8 Leaf Place
Elmsford, NY 10523
Mr. Tim Puff
3 Leaf Place
Elmsford, NY 10523
Mr. William Cassese
2 Eastward Place
Elmsford, NY 10523
Mr. Charles Reynolds
3 Eastward Place
Elmsford, NY 10523
Ms. Eve S Allen
6 Eastward Place
Elmsford, NY 10523
Ms. Lisa Ann Palmieri
1 Leaf Place
Elmsford, NY 10523
Ms. Linda M Reynolds
3 Eastward Place
Elmsford, NY 10523
Mr. James Hornby
8 Eastward Place
Elmsford, NY 10523
Mr. Thomas Calandrucci
9 Eastward Place
Elmsford, NY 10523
Mr. Stephen Weis
18 Beaver Hill Road
Elmsford, NY 10523
Ms. Evelyn P Lathrop
5 Leaf Place
Elmsford, NY 10523
Mr. Brian Puff
3 Leaf Place
Elmsford, NY 10523
Mr. Vincent J Iaconis
4 Eastward Place
Elmsford, NY 10523
Ms. Margaret Reynolds
3 Eastward Place
Elmsford, NY 10523
Ms. Mary Joyce Carroll
2 Leaf Place
Elmsford, NY 10523
Mr. John Puff
3 Leaf Place
Elmsford, NY 10523
Ms. Laurie A Smith
5 Eastward Place
Elmsford, NY 10523
Ms. Carole Calandrucci
9 Eastward Place
Elmsford, NY 10523
Ms. Claire Gulkis
6 Leaf Place
Elmsford, NY 10523
Ms. Nicole Weis
18 Beaver Hill Road
Elmsford, NY 10523
Mr. Amos W Lathrop
5 Leaf Place
Elmsford, NY 10523
Ms. Adrienne Cassese
2 Eastward Place
Elmsford, NY 10523
Ms. Michele Iaconis
4 Eastward Place
Elmsford, NY 10523
Mr. Sigrio Allen
8 Eastward Place
Elmsford, NY 10523
Mr. Vincent J Carroll
2 Leaf Place
Elmsford, NY 10523
Mr. John Reynolds
3 Eastward Place
Elmsford, NY 10523
Mr. George R Smith
5 Eastward Place
Elmsford, NY 10523
Ms. Kimberly Calandrucci
9 Eastward Place
Elmsford, NY 10523
Mr. John J Puff
3 Leaf Place
Elmsford, NY 10523
Ms. Helen Puff
3 Leaf Place
Elmsford, NY 10523
Mr. Scott Horecky
1 Acqueduct Place
Elmsford, NY 10523
Ms. Mary Thompson
5 Acqueduct Place
Elmsford, NY 10523
Ms. Beverly McLean
4 Catskill Place
Elmsford, NY 10523
Mr. John T Bock
9 Hi 11view Place
Elmsford, NY 10523
Andres Sanoher
7 Hillview Place
Elmsford, NY 10523
Mr. Dominick Carlucci
3 Acqueduct Place
Elmsford, NY 10523
Mr. Harold Maxwell
49 Orchard Lane
Elmsford, NY 10523
Ms. Jane Elber
17 Catskill Place
Elmsford, NY 10523
M r . Roger B u m s
6 Catskill Place
Elmsford, NY 10523
Ms. Linda Hornby
8 Eastward Place
Elmsford, NY 10523
Mr. Stephen Horecky
1 Acqueduct Place
Elmsford, NY 10523
Ms. Lorraine Koleda
6 Acqueduct Place
Elmsford, NY 10523
Mr. William McLean
4 Catskill Place
Elmsford, NY 10523
Ms. Theresa S Bock
9 Hillview Place
Elmsford,- NY 10523
Mr. John Twohig
8 Hillview Place
Elmsford, NY 10523
Ms. Rosamond Wynn
8 Catskill Place
Elmsford, NY 10523
Mr. Todd Maxwell
49 Orchard Lane
Elmsford, NY 10523
Mr. Dennis Elber
17 Catskill Place
Elmsford, NY 10523
Ms . Edith Bums
6 Catskill Place
Elmsford, NY 10523
Ms. Brenda Horecky
1 Acqueduct Place
Elmsford, NY 10523
Mr. Ed Thompson
5 Acqueduct Place
Elmsford, NY 10523
Mr. Donald J Rizzo
11 Catskill Place
Elmsford, NY 10523
Mr. Joseph R Carlucci
3 Acqueduct Place
Elmsford, NY 10523
Maria del Carmen Sanchez
7 Hillview Place
Elmsford, NY 10523
Ms - Grace Carlucci
3 Acqueduct Place
Elmsford, NY 10523
Ms. Ida Lengyel
12 Catskill Place
Elmsford, NY 10523
Ms. Alice Maxwell
49 Orchard Lane
Elmsford, NY 10523//
Mr. Thomas Burns
6 Catskill Place •
Elmsford, NY 10523
Mr. Charles K. fchl
2 Catskill Place
Elmsford, NY 10523
Ms. Caroline G Rohl
2 Catskill Place
Elmsford, NY 10523
Ms. Diane Rizzo
11 Catskill Place
Elmsford, NY 10523
Ms. Margaret E Kruger
40 Beaver Hill Road
Elmsford, NY 10523
Ms. Madelyn Mancinelli
42 Beaver Hill Road
Elmsford, NY 10523
Mr. Louis R DePalo
47 Beaver Hill Road
Elmsford, NY 10523
Ms. Bette L DePalo
47 Beaver Hill Road __
Elmsford, NY 10523
Ms. Denise DePalo
47 Beaver Hill Road
Elmsford, NY 10523
Mr. Rocky DePalo
47 Beaver Hill Road
Elmsford, NY 10523
Ms. Cynthea R Blacksberg
39 Bever Hill Road
Elmsford, NY 10523
Mr. Christopher Pados
35 Beaver Hill Road
Elmsford, NY 10523
Ms. Maria Pados
35 Beaver Hill Road
Elmsford, NY 10523
Mr. Stephen Pados
35 Beaver Hill Road
Elmsford, NY 10523
Ms . Mary j ane Chambal
6 Hillview Place
Elmsford, NY 10523
Ms. Joyce Greenwood
4 Hillview Place
Elmsford, NY 10523
Mr. Joseph E Chambal
6 Hillview Place
Elmsford, NY 10523
Mr. Stephen Weis, Jr. *
18 Beaver Hill Road
Elmsford, NY 10523
V.T. Moody-
20 Beaver Hill Road
Elmsford, NY 10523
Ms ► Ann Moody-
20 Beaver Hill Road
Elmsford, NY 10523
Mr. Steve Brennan
8 Beaver Hill Road
Elmsford, NY 10523
Mr. Mark Jurcic
8 Beaver Hill Road
Elmsford, NY 10523
Ms. Joanne Chiocchi
14 Beaver Hill Road
Elmsford, NY 10523
Mr. Gordon Meredith
14 Beaver Hill Road
Elmsford, NY 10523
Mr. Nick Tarzia
12 Beaver Hill Road
Elmsford, NY 10523
Ms. Anna Tarzia
12 Beaver Hill Road
Elmsford, NY 10523
Ms. Mazie Mancinelli
16 Beaver Hill Road
Elmsford, NY 10523
Ms. Pam Dudley
20 Beaver Hill Road
Elmsford, NY 10523
Ms. Claira S Twohig
8 Hillview Place ̂
Elmsford, NY 10523
’ '* • -
Ms. Giovanna Maxwell
13 Catskill Place
Elmsford, NY 10523
Mr. Harold Maxwell
13 Catskill Place
Elmsford, NY 10523
• , . •
Ms. JanirySi Pazienza
48 Beaver Hill Road
Elmsford, NY 10523. •
Mr. Alfred Pazienza
48 Beaver Hill Road
Elmsford, NY 10523
Ms. Amelia Shurak
15 Catskill Place
Elmsford, NY 10523
Ms. Valerie J Mahoney
36 Beaver Hill Road
Elmsford, NY 10523
Mr. Kenneth M Venezia
38 Beaver Hill Road
Elmsford, NY 10523
Mr. John H August
34 Beaver Hill Road .
Elmsford, NY 10523
Mr. Kevin Morgan
1 Hillview Place
Elmsford, NY 10523
Mr. Charles D Chase
28 Orchard Lane
Elmsford, NY 10523
Ms. Margaret McGilligan
39 Orchard Lane
Elmsford, NY 10523
Ms Rosaria Marano
45 Orchard Lane
Elmsford, NY 10523
Mr. Ralph Guamo
7 Eastward Place
Elmsford, NY 10523
Mr. Mike Pazienza
48 Beaver Hill Road
Elmsford, NY 10523
Ms. Elda San Marco
3 Catskill Place
Elmsford, NY 10523.
Mr. Frank J Venezia
38 Beaver Hill Road
Elmsford, NY 10523
Msa. Arlene Napurski
44 Beaver Hill Road
Elmsford, NY 10523
Ms. Arlene August
34 Beaver Hill Road
Elmsford, NY 10523
Mr. Istvan Pados
35 Beaver Hill Road
Elmsford, NY 10523 .
Ms. Dorothea D Chase
28 Orchard Lane
Elmsford, NY 10523
Ms. Patricia Flynn
39 Orchard Lane
Elmsford, NY 10523
Mr. Alberto J Pakozde
47 Orchard Lane
Elmsford, NY 10523
M s . Rose G u a m o
7 Eastward Place
Elmsford, NY 10523
Mr. Robert J Koleda
6 Acqueduct Place
Elmsford, NY 10523
Mr. Vincent San Marco
3 Catskill Place
Elmsford, NY 10523
Ms. Pearl Venezia
38 Beaver Hill Road
Elmsford, NY 10523
Mr. Robert Napurskd
44 Beaver Hill Road
Elmsford, NY 10523
Mr. Michael C Resta
50 Beaver Hill Road
Elmsford, NY 10523
Ms. Nancy Morgan
1 Hillview Place
Elmsford, NY 10523
Ms. Eileen Fungiello
32 Orchard Lane
Elmsford, NY 10523
Mr. Leonardo Marano
45 Orchard Lane
Elmsford, NY 10523
/
Mr. Gary Michell
49 Orchard Lane
Elmsford, NY 10523
Ms. Cecil Scantlebury
133 Augustine Road
White Plains, NY 10603
Ms. Jameela Adams White
259 Abbott Avenue
Elmsford, NY 10523
Ms. Anita Jordan.
290 Tarrytown Road
Elmsford, NY 10523
Ms. Anna Ramos
123 East Post Road
White Plains, NY 10601
Gabriel Ramos
123 East Post Road
White Plains, NY 10601
Mr. Thomas Myers, Jr.
290 Tarrytown Road
Elmsford, NY 10523
Odell A Jones
19 Van Buren Place
White Plains, NY 10603
National Coalition for
the Homeless
c/o Pauli Weiss Rifkind
Wharton & Garrison
1285 Ave. of the America
New York, NY 10019
Mr. Francis Y Sogi
1 Payne Road
Elmsford, NY 10523
Mr. Larry J Nardecchia
21 McKinley Place
Ardsley, NY 10502
Mr. Daniel J Kraus
1 Melissa Drive
Ardsley, NY 10502
Cameron Clark, Esq.
Paul Weiss Rifkind
Wharton & Garrison
1285 Ave. of the America
New York, NY 10019
Ms. April Jordan
290 Tarrytown Road
Elmsford, NY 10523
Ms. Lisette Ramos
123 East Post Road
White Plains, NY 10601
Mr. Thomas Myers
290 Tarrytown Road
Elmsford, NY 10523
Ms. Linda Myers
290 Tarrytown Road
Elmsford, NY 10523
Geri Bacon
16 Adams Place
White Plains, NY 10603
Mr. Luvaghn Brown
66 Old Tarrytown Road
White Plains, NY 10607
Mr. Franklin R Kaiman
18 Barclay Road
Scarsdale, NY 10583
Ms. Jean S Huff
31 Balmoral Crescent
White Plains, NY 10607
Ms. Elaine C Kraus
1 Melissa Drive
Ardsley, NY 10502
Ms. Yvonne Jones
118 N. Evarts Avenue
Elmsford, NY 10523
Ms. Latoya Jordan
290 Tarrytown Road
Elmsford, NY 10523
Ms. Vanessa Ramos
123 East Post Road
White Plains, NY 10601
Ms. Lisa Myers
290 Tarrytown Road
Elmsford, NY 10523
Mr. Shawn Myers
290 Tarrytown Road
Elmsford, NY 10523
Mr. James Hodges
51 Cabot Avenue
Elmsford, NY 10523
Ms. Sarah M Sogi
1 Payne Road
Elmsford, NY 10523
Mr. William G Hillman
7-12 Granada Crescent
White Plains, NY 10603
Mr. Daniel J Kraus
President
Sharon Farms Civic Assoc
1 Melissa Drive
Ardsley, NY 10S02
Mr. Paul Haber
77 Secor Road
Ardsley, NY 10502
Ms Wendy Whittle-Haber
77 Secor Road
Ardsley, NY 10502
Mr. Greg Farrington
3 Melissa Drive
Ardsley, NY 10502
Ms. Allison Farrington
3 Melissa Drive
Ardsley, NY 10502
Ms. Deborah Boddato
5 Melissa Drive
Ardsley, NY 10502
Mr. Robert Boddato
5 Melissa Drive
Ardsley, NY 10502
Farron Roboff
7 Melissa Drive
Ardsley, NY 10502
Mr. Gary S Roboff
7 Melissa Drive
Ardsley, NY 10502
Roni Danziger
9 Melissa Drive
Ardsley, NY 10502
Mr. Vincent J Rios
11 Melissa Drive
Ardsley, NY 10502
Ms. Karen Rios
11 Melissa Drive
Ardsley, NY 10502
Jerry Levine
15 Melissa Drive
Ardsley, NY 10502
Ms. Phyllis Levine
15 Melissa Drive
Ardsley, NY 10502
Ms. Suresa Shah
17 Melissa Drive
Ardsley, NY 10502
Mr. Shoken Sabe Shah
17 Melissa Drive
Ardsley, NY 10502
Ms Andrea Weiss
16 Melissa Drive
Ardsley, NY 10502
Mr. Bruce Schwartz
16 Melissa Drive
Ardsley, NY 10502
Mr. Albert San Fillippo
18 Melissa Drive
Ardsley, NY 10502
Ms. Ellen San Fillippo
18 Melissa Drive
Ardsley, NY 10502
Mr. Manuel Fragoso
20 Melissa Court
Ardsley, NY 10502
Ms. Marie Fragoso
20 Melissa Court
Ardsley, NY 10502
Ms. Elaine Taweel
19 Melissa Drive
Ardsley, NY 10502
Mr. David Taweel
19 Melissa Drive
Ardsley, NY 10502
Dr. Smital Pasricha
14 Melissa Drive
Ardsley, NY 10502
Dr. Vijay Pasricha
14 Melissa Drive
Ardsley, NY 10502
/
Mr. Harol M Pesuit
10 Melissa Drive
Ardsley, NY 10502
Mr. John T Pesuit
10 Melissa Drive
Ardsley, NY 10502
Mr. Steve Kaplan
8 Melissa Drive
Ardsley, NY 10502
Ms. Shari Melomed
8 Melissa Drive
Ardsley, NY 10502
Ms. Susan Shapiro
3 Benjamin Court
Ardsley, NY 10502
Mr. Jack Shapiro
3 Benjamin Court
Ardsley, NY 10502
Mr. C. Gregory Cunnion
5 Benjamin Court
Ardsley, NY 10502
Mr. Nick Trantafillou
4 Benjamin Court
Ardsley, NY 10502
Ms. Ann R Yerman
31 Sheridan Road
Scarsdale, NY 10583
Mr. Glenn Preiser
23 Orchard Lane
Elmsford, NY 10523
Ms. Nancy W Cunnion
5 Benjamin Court
Ardsley, NY 10502
Ms. Simone Towbin
4 Melissa Drive
Ardsley, NY 10502
Mr. William Davis
122 North Evarts Ave.
Elmsford, NY 10523
Ms. Catherine Arceri
10 Beaver Hill Road
Elmsford, NY 10523
Ms. Patricia Trantafillo
4 Benjamin Court
Ardsley, NY 10502
Mr. Mark Towbin
4 Melissa Drive
Ardsley, NY 10502
Pat Lewis
106 North Evarts Ave.
Elmsford, NY 10523
/• . , • • • • •c
r
Isabelle Sabell
112 Cabot Avenue
Elms ford, New York 10523
Oscar Jones, Sr.
200 Bryant Avenue
Elms ford, New York 10523
Helen Perkins
1213 Old Country Road
Elms ford, New York 10523
Nancy Kupersmith
1611 Old Country Road
Elmsford, New York 10523
Mrs. Judith. Shannon
>8 Leaf. Place
--Elmsford,- New York 10523:_*? .
Ha rry Cooper-
43 Orchard Lane
Elmsford, New York 10523
Shirley Cooper
43 Orchard Lane
Elmsford, New York 10523
Herbert Kruger
40 Beaver Road
Elmsford, New York 10523
Barbara Rlssman
708 Old Country Road
Elmsford, New York 10523
I.
B 3 t ksnoti »*»— .mipBn
SUPREME Court, WESTCHESTER County Index No. /88
For Omt OWy
Full tut* of M W
MYLES GREENBERG and FRANCES M.
Date Purchas«i3ecembe;r 2?>
1988
MULLIGAN, Petitioners,
For a Judgment Pursuant to
CFLR Article 78,
LASacrydau
REQUEST FOR
N aas at lapuj judge
Pemioner^sj
JUDICIAL
INTERVENTION Due of uagnmsic
ANTHONY F. VETERAN, Supervisor
of the Town of Greenburgh, New
York, SUSAN TOLCHIN, Town Clerk
of the Town of Greenburgh, New n Issue jo in ed M ate ) (check if applicable)
York, and (SEE ATTACHED LIST OF
ADDITIONAL RESPONDENTS)
aogfataboô
Respondmtfs)
NATURE OErJUD
G Request far preliminary conference
O N ote of issue and / or certificate of readiness £ \ \ \
O N oace of motion (return d a te ___________________ 111.
Relief sought_______________________________________
□ Biil o f particulars served (check if applicable)$k)
I iu ^ C a y . o f New Y ori oniy:
P ^ D w C ify o f New York is a party to this action.
' . ^ , A„ o r
INTERVENTION (cheek)
«> □ Other ex parte application
■VS Notice of petinon (return riare 1 / 3 0 / 8 9 ___________
i ' '.Relief sought Rgvgrgal of 1 2 / 1 / 8 8 decisi;
rejecting petition _.to„n*»v zzj 1 1 agp .__________
incorporate
C Order to show cause
(Cleric will enter return date
Relief sou gh t______________
□ Notice of medical malpractice action
□ Notice of dental malpractice action
□ Statement of net word:
□ Writ of habeas corpus
"O Other (specify):___________________
NATURE OF ACTION OR PROCEEDING (check)
Tort
C Motor vehicle
□ Medical malpractice
G Denial malpractice
G Seaman
C Airline
G Other tort, including but not limited to personal injury,
property damage, slander or iibd (sp eefy ):_______________
Special Proceedings '
G Tax cernoran y
G Condemnation
Q Foreclosure
G Incompetency or conservatorship
Other special proceeding, including bin not limited to:
Q Article 75 (arbitration)
Q Article.77 (express trusts)
ficA racie 78
C Other (specify):__ zc________________1_______
Maunmomai (contested)
Matrimonial i uncontested)
OTHER ACTION
C Contract
Z Other (specify):.
■» •
instructions: Aitacn naer sneeu if neeesiarv to rwoviae -rcu irrc m iornm ion
f jnv tjarrv s eoocann* pro ^ <wuftoui jn m o m rv i, :ne "rcuirrc niormaivon ro iv x m m t such Dirrv s to cniereia n w sorez
Attorneys) for plaintiffs)/peorionerfs)
Name
LOVETT & GOULD, ESQS.
Add re s Pho**
180 E. Post Road, White Plains, N.Y.10601 428-8401
Artorneyfs) for ricfcnriantfs)/ respondents)
A ddles Pbone
Name of xosuruce t^rrim (if applicabic-and availabk)
> '
•w * *-■
RELATED CASES (if none, write “NONE" beiow)
Titie Index 9 Court
Coalition of United 3316/88 S.C.Westchester
Peoples et al v.
Veteran et al.
Jones v. Deutsch 88Civ7738 (GLG) USDC, SDNY**
Namre of relationship In prior filing Plaintiffs
challenged as illegal proposed
housing for homeless in Tovr c
Greenburgh. In instant action
Town Supervisor rejected
petition to incorporate new
village on, inter alia , *
I affirm under penalty of perjury that, to my knowledge, other than as noted abore, there are and hare been no related
actions or proceedings, nor has a request far judical interrenrioa p m o a s h been filed in this aakm or proceeding.
_ , December 27, 1988Dated— -----------------
Lovett & Gould, Esqs.
Aoornrni) tor
Office A P.O. A dair* .180 East Post Road, White Plains, N.Y.10601 *ciaim that new village was sought.
to exclude housing fer homeless.
♦*see attach^- sheet.
SUPREME COURT OF TEE STATE OF NEW YORE
COUNTY OF WESTCHESTER
MYLES GREEN3ERG and FRANCES M.
MULLIGAN,
v .
ANTHONY F. VETERAN, Supervisor, et al.
RJI
(Attached Sheet)
Related Cases, addendum:
Jones v. Deutsch
V
Nature of Relationship
Action purports to be civil rights suit
and alleges that three natural persons and
Coalition of United Peoples Inc. conspired
to violate 42 U.S.C. 198S (3) by associating
together, expressing their opinions and
petitioning for the creation of a new village.
All defendants have moved to dismiss on the
grounds, that defendants' alleged activities. •
are. absolutely privileged under the First’
Amendment to th» U.S - Constitution-
atnanLovert
/
In the Matter of the Application of
MYLES GREENBERG and FRANCES M.
MULLIGAN, proponents of a
petition to incorporate the
Village of Mayfair Knollwood, Index No. /88
Petitioners,
SUPREME COURT OF THE STATE OF NEW TORE
COUNTY OF WESTCHESTER
For a Judgment pursuant to CPLR
Article 78,
-against-
ANTHONY F. VETERAN, Supervisor of the
Town of Greenburgh, New York, SUSAN
TOLCHIN, Town Clerk of the Town of
Greenburgh, New York, et. al.,
Respondents.
VERIFIED PETITION
Judge Assigned:
Hon.
MYLES GREENBERG and FRANCES M. MULLIGAN, by their attorneys
LOVETT & GOULD, ESQS., respectfully allege as and for their
petition herein:
JURISDICTION
1 . This is a proceeding pursuant to CPLR Article 78, Section
2-210 of the Village Law, and 42 U.S.C. SS1983, 1988 seeking to
reverse a December 1, 1988, determination rejecting a petition to
incorporate the proposed Village of Mayfair Knollwood, on the
grounds that said determination is illegal, based on insufficient
evidence, and/or contrary to the weight of the evidence. No
compensatory or punitive damages are sought herein in light of
Giano v. Flood, 8C3 F.2d 769 (2d Cir. 1986) and Davidson v.
Canua.no, 792 F . 2d 275 (2d Cir. 1986 ).
1
TEE PARTIES
2. MYLES GREENBERG and FRANCES M. MULLIGAN are aggrieved
residents of the Town of Greenburgh, New York, in which certain
territory sought to be incorporated as the said Village of
Mayfair Knollwood is located.
3. Respondent ANTHONY F. VETERAN is the duly elected
Supervisor of the Town of Greenburgh, New York.
4. Respondent SUSAN TOLCHIN is the duly elected Clerk of the
Town of Greenburgh, New York.
5. Upon information and belief, the additional respondents
identified in the caption to the Notice of Petition herein each
filed purported objections in writing to the petition to
incorporate the said Village and, in accordance with Section 2-
210(4) (b) of the Village Law, they are made parties to this
proceeding.
/THE FACTS
• •
6. On or about September 14, 1988, a petition, signed by
more than five hundred persons, was duly filed with Respondent
Veteran proposing the incorporation of certain territory, to be
known as the Village of Mayfair Knollwood, within the Town of
Greenburgh.
2
7. Petitioners herein were amongst the petitioners who
signed said petition for incorporation.
8. Upon information and belief notice of a November 1, 1988,
public hearing to consider the legal sufficiency of such petition
was duly posted and published in accordance with Section 2-204 of
the Village Law.
9. Upon information and belief, prior to the conduct of said
hearing Respondent Veteran publicly, repeatedly stated in words
or substance that he would take whatever steps were necessary to
insure that the petition was rejected-
10. On November 1, 1988, said public hearing was conducted by
Respondent Veteran, at which time opponents and proponents of the
petition for incorporation were heard.
11. Upon information and belief at said public hearing
approximately twenty-three persons made and/or read unsworn
statements in opposition to the petition to incorporate; some but
/not all of those persons then submitted written, purported
objections to the petition at the public hearing.
12. Upon information and belief at said hearing not a single
objection was presented and/or heard with respect to the
statutory grounds/ contained in Village Law §2-204(1)/ upon which
the legal sufficiency of a petition to incorporate a village can
lawfully be challenged.
13. Upon information and belief, at said hearing not a single
witness was sworn.
14. Upon information and belief, at said hearing not a single
exhibit was received and/or marked.
15. Upon information and belief, at said hearing not a single
affidavit was submitted.
16. - Upon information, and beliefr at said hearing no testimony
was given and no such testimony was thereafter" either reduced to
writing and/or subscribed in accordance with Section 2—206(3) of
the Village Law.
17. Upon information and belief at said hearing no evidence,
and/or proof, and/or affidavits and/or exhibits whatsoever were
adduced and/or heard with respect to the list of the names and
/'
addresses of the regular .inhabitants of the proposed village
which list was contained in the petition to incorporate as
required by Village Law Section 2-202(1)(c)(2).
18. Upon information and belief at said hearing no evidence,
and/or proof, and/or affidavits, and/or exhibits whatsoever were
4
•*
adduced and/or heard with respect to the legal sufficiency of the
signatures affixed to the said petition.
19. Upon information and belief at said hearing no evidence,
and/or proof, and/or affidavits, and/or exhibits whatsoever were
adduced and/or heard with respect to any claim that signatures
were secured on said petitidn by false pretenses.
20. Upon information and belief at said hearing no evidence,
and/or proof, and/or affidavits, and/or exhibits whatsoever were
adduced and/or heard with respect to the legal sufficiency of the
description of the boundary of the proposed village as contained
in the said petition.
21. Upon information and belief at* said, hearing no evidence,
and/or proof, and/or affidavits, and/or exhibits whatsoever were
adduced and/or heard with respect to any claim that the proposed
village, if incorporated, would exclude by reason of its zoning
I authority low income housing for the homeless.
22. Upon information and belief at said hearing no evidence,
/
and/or proof, and/or affidavits, and/or exhibits whatsoever were
adduced and/or heard with respect to any claim that the boundary
of the proposed village excludes and/or is intended to exclude
minorities.
5
23. Upon information and belief, at the conclusion of said
public hearing Respondent Veteran announced that he was "going to
adjourn this Meeting until November 21st, 1988, and direct that
all written comments received by me on or before that date shall
be set forth in the record as if it fsic.] were stated here
tonight"; in response to immediate inquiries as to the time at
which the hearing would resume on November 21st, Respondent
Veteran explained that the public hearing would not be continued,
but that the adjournment was for the purpose of "written comments
only".
24. Upon information and belief, objection to Respondent
Veteran's determination to close the public portion of the
hearing but adjourn for the purpose of receiving written comments
only was immediately taken.
25. Upon information and belief on November 21, 1988, no
public hearing and/or continuation of the November 1st public
hearing was conducted with respect to the petition to incorporate
the proposed village of Mayfair Knollwood.
26. Upon information and belief by decision^'dated December 1,
1988, a copy of which is annexed hereto, Respondent Veteran
determined that the petition to incorporate was legally
insufficient on the following six grounds:
6
a. That the boundary of the proposed village, as set
forth in the petition, was not described with "common certainty"
as required by Section 2-202(1)(c)(1) of the Village Law,
b. That the boundary of the proposed village was
gerrymandered so as to intentionally exclude Blacks.
c. That the sole purpose of the proposed village was to
prevent the construction of transitional housing for homeless
families near the neighborhood of Mayfair Knollwood.
d. That a substantial number of signatures on the
petition were obtained under false pretenses in violation of
Section 2-206(1) (g) of the Village Law~
e. That a substantial number of signatures on the
petition "contain irregularities" and do not match known
signatures of the persons alleged to have signed the petition in
violation of Section 2-206(1)(a) of the Village Law, and
f. That the list of regular inhabitants contained in
/
the petition was defective in that "numerous residents were
omitted" in violation of Section 2-206(1) (g) of the Village Law.
27. Respondent Veteran's determination that the« boundary of
the proposed village was not described with "common certainty"
was, upon information and belief, entirely predicated upon an
■ 4
undated, unsworn memorandum apparently prepared by the Town of
Greenburgh's Engineer in his official capacity, during municipal
working hours, with municipal resources and at the request and/or
direction of Respondent Veteran.
28. Upon information and belief, the memorandum referred to
in Paragraph "27", supra, was not read, heard, presented or
otherwise filed during the public hearing on the petition on
November 1, 1988.
29. Respondent Veteran's determination that the boundary of
the proposed village was intentionally gerrymandered to exclude
Blacks was, upon information and belief, entirely predicated, upon:
(a) an undated, unsworn memorandum apparently prepared
by the Town of Greenburgh's Director of Community Development in
her official capacity, during municipal working hours, and with
municipal resources at the request and/or direction of Respondent
Veteran, and
(b) an undated, unsigned map, prepared by the Town of
✓Greenburgh Engineer in his official capacity, during municipal
working hours, with municipal resources and at the request and/or
direction of Respondent Veteran.
• ■
30. Upon information and belief, neither the memorandum
referred to in subdivision (a) of Paragraph ”29'', supra, nor the
a
map referred to in subdivision (b) of said paragraph were read,
heard, presented or otherwise filed during the public hearing on
the petition on November 1, 1988.
31. Respondent Veteran's determination that the "sole
purpose" of incorporating a new village was to prevent
construction of transitional housing for homeless families was,
upon information and belief, entirely predicated upon:
(a) a purely political commitment made by him to Andrew
and/or Mario Cuomo pursuant to which he obligated himself
personally to insure the construction of such housing,
(b) a calculated, disregard of facts r believed, by him to
be true, which had been communicated to him by certain proponents
of the petition to incorporate, and
(c) certain politically oriented but legally irrelevant
speeches which, with Respondent Veteran's prior knowledge and
consent, were delivered during the public hearing on November 1,
1988 .
//
32. Respondent Veteran's determination that a substantial
number of signatures on the petition were obtained by "false
pretenses" was, upon information and belief, entirely fabricated
since no objections, testimony, proof, affidavits or evidence of
any kind was ever submitted with respect to this issue.
q
I
33. Respondent Veteran's determination that a substantial
number of signatures on the petition 'contain irregularities and
do not match the known signatures of the persons alleged to have
signed" was, upon information and belief, entirely predicated
upon:
(a) an unsworn, undated memorandum from a person who,
at the behest of, direction of and/or in coordination with
Respondent Veteran, conclusorily represented that she had done
handwriting analyses of the signatures on the petition and that
numerous signatuxes were improper, and
(b) the absence of any evidence that the person who
apparently prepared, the memorandum referred- to in subdivision, (a)
of this paragraph had any qualifications as a handwriting expert,
and
(c) the absence of any evidence, documentary or
otherwise, with respect to which the conclusory assertions in the
said memorandum could be verified.
/
34. Upon information and belief, the memorandum referred to
in subdivision (a) of Paragraph "33", supra, was not read, heard,
presented or filed during the public hearing on the petition on
! November 1, 1988.
• ' ' y
35. Respondent Veteran's determinatfon that the list of
10
regular inhabitants contained in the petition was incomplete was,
upon information and belief, entirely fabricated since:
(a) No objection with respect to this claim was ever
interposed with respect to the petition, and
(b) No evidence, proof, affidavits or exhibits were
ever adduced at the public hearing with respect to this claim.
36. Upon information and belief, the boundary of the proposed
village was described in the petition with common certainty.
37. Upon information and belief, the boundary of the proposed,
village was drawn for proper reasons* said boundary was not drawn
with any racial motive and/or intent-
38. Upon information and belief, the Village of Mayfair
Knollwood was not proposed as a means to exclude housing for the
homeless, a circumstances expressly communicated by some
proponents of the village to Respondent Veteran.
/
/39. Upon information and belief no signatures on the petition
were obtained under false pretenses; all signatories were fully
and truthfully advised as to the precise nature of the petition.
40. Upon information and belief the signatures on the
petition contain no irregularities and in fact are the signatures
cf the persons whose names appear in said petition.
/
41. Upon information and belief the list of regular
inhabitants contained in the petition is accurate and complete.
AS AND FOR A FIRST CAUSE OF ACTION
42. Section 2-206(3) of the Village Law expressly imposes the
burden of proof upon objectors to a petition to incorporate a
proposed village.
43. Since no evidence, proof, affidavits, sworn and/or
subscribed, testimony was adduced, at the public hearing on
November 1, 1988, by any objectors" Respondent Veteran's
determination to reject the petition was illegal and/or based
upon insufficient evidence.
AS AND FOR A SECOND CAUSE OF ACTION
44. Village Law S2-206(l) prescribes the sole bases upon✓ _
which a petition for incorporation of a village may be challenged
• •>with respect to its legal sufficiency. .•— •w »v -,f • • f-— t> •
4
45. Upon information and belief the function of a Town
Supervisor at the public hearing with respect to®any such
1 O
challenges is purely ministerial and limited to hearing
those statutory objections, if any, prescribed by Section 2-
206(1) .
46. Since Section 2-206(1) does not permit objections to a
petition's legal sufficiency on alleged factual grounds
which are irrelevant to the petition's substantive content,
Respondent Veteran's rejection of the petition on the basis of
his perception of the intent of some of the petitioners was ultra
vires, illegal, premised upon insufficient evidence, and
otherwise unlawful.
AS AND FOR A THIRD CAUSE OF ACTION
47. Section 2-204 of the Village Law mandates that objections
to a petition to incorporate a village be actually presented by
objectors at the public hearing on such petition, at such time
and place as such public hearing has been scheduled to be heard
in accordance with duly posted and published notices.
//"48. Section 2-206(1) of the Village Law mandates that the
Town Supervisor conducting the public hearing, actually meet with
the public at the time and place specified in the notice of
hiring at which time and place he is required to aĉ aiajjly hear
r,_ ̂ •*W*’#* '* •
“Objections which may be presented as to the legal Safr^cxency ofO . X
the petition for incorporation on the narrowly circumscribed
grounds set forth in said Section.
49. Since no objections were made and/or heard at the public
hearing on November 1, 1988, with respect to the legal
sufficiency of the proposed village's boundary, the means by
which signatures were gathered on the petition, the regularity
and/or propriety of such signatures, and the sufficiency of the
list of regular inhabitants, Respondent Veteran's reliance upon
such purported issues in his December 1, 1988, decision was
illegal, ultra vires, and predicated upon insufficient evidence.
AS AND FOR A FOURTH CAUSE OF ACTION
50. Repeat and reallege as if fully set forth paragraph "47"-
51. Since no objection was ever filed with respect to the
means by which signatures were were gathered on the petition and
the sufficiency of the list of regular inhabitants, Respondent
Veteran's reliance upon such purported grounds in his decision of
December 1, 1988, was illegal, ultra vires, and unsupported by
sufficient evidence.
/
/
AS AND FOR A FIFTH CAUSE OF ACTION
52. The opinions, motives and/or intentions of the
approximately five hundred town residents who petitioned
Respondent Veteran to permit the conduct of an election regarding
the proposed Village cf Mayfair Knollwood are absolutely
irrelevant to the legal sufficiency of their petition.
53. No evidence whatsoever was adduced at the public hearing
on November 1, 1988, with respect to the opinions, motives,
and/or intentions of those approximately five hundred persons.
54. Respondent Veteran's rejection of the petition on the
ground that he, as a public official, did not liJce what he
unilaterally claimed to be the opinions, motives, and/or
intentions of such persons violates those persons and
Petitioners' rights as guaranteed by the First Amendment to the
United States Constitution, 42 U.S.C.S1983, is otherwise illegal
and not supported by sufficient evidence.
WHEREFORE judgment is respectfully demanded reversing the
December 1, 1988, decision of Respondent Veteran, sustaining the
petition to incorporate the Village of Mayfair Knollwood,
awarding reasonable attorney's fees pursuant to 42 O.S.C. S1988,
costs, disbursements and such other and further relief as to
Court seems just and proper.
Dated: White Plains, N.T.
December 13, 1988
LOVETT & GOULD, ESQS. Attorneys for Petitioners
180 E. Post Road
White Plains, N.Y. 10601
914-428-8401
• • •
'•In.;tlx* Matter
of .
■ the Proposed Inccrporati.cn. of
' the Village of Mavfair Enollwood
A petition for the incorporation of certain territory
in the Town of Greeaburgh as the Village of Mayfair
Knollwood having duly been received by me on September 14,
1988, and after due posting and publication of notice in
accordance with Section 2-204 of the Village Law, a hearing
to consider the legal sufficiency of such petition having
been held on November 1, 1988, at the Greenburgh Town Hall,
Knollwood and Tarry-town Roads, Elms ford, New York, and said
hearing having been adjourned until November 21, 1988 for
*
receipt of written testimony, in accordance with Section
»* . /■ •
2-20 S* of the. Village Law/ and alL testimony and- objections L-r
having been heard;
Now, therefore,- I hereby determine that the aforesaid
petition does not comply with the requi rwnents of Article 2
of the Village Law, does not comply with the requirements of
the Constitution of the United States of America, and does
not comply with requirements of the Constitution of the
State of New York, for the following reasons:✓
1. The boundary description submitted with the
-petition did not describe the boundaries of the proposed
village with •common certainty* thereby making it" impossible-W* •»'
to locate the boundaries with the precision that is .
necessarv. Nimercus gaps in the proposed boundaries were _
discovered making the description defective.
>rhm mmnnwHmii ia opposition submitted by the Town. • *
Engineer clearly detail* the deficiencies in' the boundary.
description.
At least 12 voids in the description were discovered
rendering it impossible to accurately define the village
boundaries.
Tie description does not even begin at a known point on
a. filed map which is the fundamental criteria of all
property descriptions.
The description uses the centerline of Grasslands Road
yet fails to not* that Grasslands Road has been relocated
that the centerline at many points lies within the Town
of Mount Pleasant-
Y q t these reasona the rMaona itif ei in the ..
m«mo o£ Town Engi neer the boundary description, is
clearly defective does not describe the proposed village
with "common certainty".
2. The boundaries, where ascertainable, were
gerrymandered in a to exclude black persons from the
proposed village. Such gerrymandering constitutes a blatant
atteast at racial discrimination and violates the rights
/
granted to all citirens by the Constitution of the United^
/States of America the Constitution of the’State of New* * *V
York.
In the entire 30 years dnring which I have held
elective office I have never seen such a blatant and
calculated attempt to discriminate. The boundaries
repeatedly deviate from' a-natural course solely to exclude'.'
individual properties where blacks live. Within the -
of the-'proposed village there is not a aingla
unit of multi-family housing, housing which historically has
been more accessible to minority groups because of its lower
cost.
The boundary zigs and zags approximately 1000 feet
along Scute 9A to exclude a scatter site public housing
project populated by 2S black families. The boundary carves
around the CTa-arfa Oondo"1-'n development on three sides to
exclude its approximately 90 black families. The boundary
carves around the Old Tarrytown. Hoad School property, now..
owned by a black developer, on three sides to txnlnde its _:.~
fr,»rr̂ » population, of 8T families, the majority of which are.
anticipated to be black families. The boundary carves
through the neighborhood of North ms ford, a neighborhood
which has stood cohesively as a unified area since the
1880’s, including its predrminantlywhite area in the
village but excluding its predominantly black area. The
boundary carefully excludes the black families of the Siver
Park Apartments, Parkway Hemes, Parkway Gardens,
Hillside—Wyndover, and of course, the public housing and-_low
moderate income housing areas of predominantly black
Fairviev.
Included-in the proposed village is all the available
undevelcmed lands bordering black areas - These undeveloped
V
lands are the only natural expansion areas for the black |
• • ■ “tneighborhoods. ' By 'taking these lands it. is clear that tha V •
petitioners intend to step tha growth of tha black i
neighborhoods in an attempt to exclude future generations of
blacks from Greenburgh. i
While Article 2 of the Village Law does not
specifically address itself to the "intent" of the
petitioners, I firmly believe that the rights granted by the
federal and state constitutions transcend the procedural
technicalities set forth in the Village Law.
The proceedures for the formation of a nev village
cannot be used to accomplish an unlawful end. Therefore, it .
is my obligation as a public official to defend the
constitution, and to reject the petition on the grounds that -/v
its purpose is to discriminate against, black persons^ to — Sf.
segregate »*'*'" from whites by the imposition of^ political
barriers, to prevent the natural expansion of the black,
population in the Town, of Greenburgh.
3. The new village was proposed for the sole purpose
of preventing the construction of transitional housing for
homeless families near the neighborhood of Mayfair
Knell weed. Such an invidious purpose is not what was
feontemplated by the Legislature when the statutes ;ffcreming~
✓
the incorporation of villages were drawn and cannot be
permitted to succeed. r - ^
Historically, the legal.concept of incorporated*,
villages was created tc afford residents of an area an •- -
ocucrtunitv to create a suite.purpose special districu to , ►■NS
-4-
secure £ire or polio* protection or other Tpublie service*. -
Typically/ cluster* o£ people in *n otherwise sparsely . - -
settled town joined together to provide services that would
not be of benefit to the Town as a whole.
After World War U, the rapid population growth of
suburban towns led to the creation of town improvement .
districts to provide needed services and the incorporation
of new villages virtually ceased and several existing
villages were dissolved.
The petitioners do not seek to incorporate to provide
themselves with services. The neighborhoods in question are
already serviced, by town water, sewer/ police and fire
protection. ': •. - - » . v. > ■:
Bather/ - the petitioners' seek to incorporate for another-
purpose. Their stated purpose for forming the village is to
prevent proposed construction of transitional housing
for 108 homeless families near their neighborhoods.
Before agreeing to consider the- homeless project, new
known as Westhelp,- the Town Board insisted that various
safeguards be made a part of the proposal to adequately
mitigate against any possible adverse impacts.
/
The Westhelp project includes a land set~aside of
approximately 3 4 wooded acres, the majority of which would
temain as a natural woodland buffer around all sides of the
housing with a w-*mom of 400 feet of woodlands between all
buildings
homeless
and existing heats* .* The-predcmirantly blackv:
residents would be provided cn-sita day care,*
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*• counseling, social services r recreation,:transportation i and T
•' 24 hour security. Vis^-ation would be restricted to a _
im visitor’s roots in full view of a security yuard» .
Only honalass families would ba housed on tha premises
including only young mothers, thair babias and other small
children. Thar a would ba no derelicts, drug addicts,
alcoholics, or bums. Childran o£ school age would be bused
bacJc to their school district of origin thereby providing
continuity of education. In summary, the project would
provide a clean, efficient, cost affective, and humane
alternative to welfare motels. The 108 families that would
be housed for an average stay of six months each represent
only a fraction of the over 4500 homeless persons nov_^J- '
'present in. Westchester C o u n t y - • ... '
yet, given all the safeguards and the high purpose of
the Westhelp project, the petitioners have organized to stop
the project by any means possible solely because of the
irrational argument that it is to be_ located in their
•bach-yard*.
While Article 2 of tha Village law does not
specifically address itself to the "intent" of the
/
petitioners, I firmly believe that the rights granted by .the
/
federal and state constitutions transcend the procedural
’>•:»» set forth in the Village Law.
• • **
The proceedures for the formation of a new village
cannot be used to accomplish an unlawful end.
• . • v»*'
- - til.'
—*3 —
j-i;
•i- Therefore, it Is * 7 obligation as a public official to
• defend the coastitatioa end to reject _the petition on the.
grounds that its purpose is to deny homeless persons needed
• .services, to exclude homeless persons, end to racially
discriminate against homeless persons who ere predominantly
blacJc.
• 4. The petition is defective in that e substantial'
number of signatures were obtained under false pretenses. I
have received numerous objections from persons who signed
the petition stating that they were told that the petition
was only to ask for a straw poll of the residents on their
opinion * * to whether a village should be formed, -not a
- petition to formally commence the incorporation procedure-
5 . . petition is defective in that a .substantial
number of the signatures contain irregularities and do not
match the known signatures of the persons alleged to have
signed..
S. The petition is defective.^in'that numerous
residents were omitted from the list of "regular
inhabitants". ' In particular, many of the newer residents
were omitted.
Dated: Elmsford, N.T.
December 1, 1988.
//
Town of Greenburgfa
s
STATE OF NEW YORE___ -
COUNTY OF WESTCHESTER z. ss. :
TOWN OF GREENBURGH . • •
J
I SUSAN TOLCHIN, Town. Clerk of the Town of Greenburgh do
hereby certify that the foregoing is a true and correct, copy,
and the whole thereof, of a decision filed by Supervisor
Anthony F. Veteran on December 6 , 1988..
IN WITNESS WHEREOF, I have hereunto set my hand and seal- this
7th day of December, 1988.
CS
10
^Susan Tolchin.’
. Town derk-
I
V E R I F I C A T I O N
STATE OF NEW YORK )
)ss.:
COUNTY OF WESTCHESTER)
Kyles Greenberg, being duly sworn, deposes and says:
r am one of the Petitioners herein;- I have read the annexed
- i • • ■ <Petition, know the contents thereof and the same are true to my
knowledge, except those matters therein which are stated to be
alleged on information and belief, and as to those matters I
believe them to be true.
Sworn to before me this
^rTZfiay of December, 1988.
Notary Public
WAYNI K. MAJTrŜ i
MOTAinr PU8UC. SiA'.t C. ai* ,1m *
No. 60-7733^.0
it) Westcnesiar Canny
ltna txvmA*} 3/, l»90
V E R I F I C A T I O N
STATE OF NEW YORK ))ss.:
COUNTY OF WESTCHESTER)
Frances M. Mulligan, being duly sworn, deposes and says:
I one of the Petitioners here in y I have read the annexed
Petition, know the contents thereof and the. same are true to my
knowledge, except those matters therein which axe stated to be
alleged on information and belief, and as to those matters I
believe them to be true.
FRANCES M. MULLIGAN
Sworn to before me this
2<$-r£ day of December, 1988.
Notary^Public
Q u m ^ n ^ 7733810
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
PRESENT: HON. ALDO A. NASTASI, J.S.C.
COALITION OF UNITED PEOPLES, INC.,
MYLES GREENBERG and
FRANCES M. MULLIGAN,
n * . £ u
* * ( ~~ (p ~ :
......... i
! iTo jcdiinmence the statutory tir
period Tor~appeals as of rig?
(CPLR 5513(a)], you are advi;
to serve a copy of this order
X with notice of entry upon all
parties.
Plaintiffs,
- against - Index No. 3316/88
ANTHONY F. VETERAN, individually and as Motion Date: October 19, 19
Supervisor of the Town of Greenburgh,
New York, the TOWN BOARD OF THE TOWN OF
GREENBURGH, New York, the TOWN OF
GREENBURGH, New York, the COUNTY OF
WESTCHESTER, New York, H.E.L.P., INC.,
a/k/a HOMELESS EMERGENCY LEVERAGE
PROGRAM, INC. and the HOUSING FINANCE
AGENCY of the State of New York,
Defendants.
X
NASTASI, J.
The following papers numbered 1 to 40 read on this
motion by defendants to dismiss the complaint and cross
motion by plaintiffs for summary judgment
Notice of Motion/Affidavits/Exhibits 1,3-4,5-6
Noticg of Cross Motion/Affidavits/Exhibits 10,14
Answering Affidavits 9
Replying Affidavits 36
Affidavits 39
Memoranda of Law 2,7,8,35,37,38,40
Pleadings/Exhibits 15-34
Upon the foregoing papers it is ordered that this
motion is granted and concomitantly the cross motion is
denied. The separate motion by defendant Housing Finance
I •
Agency of the State of New York to be dismissed as a party
is granted. None of the causes of action in the complaint
is directed against said defendant, and it does not need to
be a defendant in this action.
Plaintiffs' allegations of discrimination under
the Executive Law because the proposed shelter will be
limited to families and will exclude "drug addicts,
alcoholics, mentally ill, single, middle-aged and elderly
people" do not state causes of action. Even a housing
project under the Executive Law can exclude undesirable
tenants who are disruptive of the health, safety and morals
of their neighbors (New York State Housing Authority v.
State Human Rights Appeal Board~ 59 A.D.2d 742) .
Alcoholics, drug addicts or derelicts are not a protected
class under the Executive Law. Moreover, there is nothing
in the proposal which will exclude single, middle-aged or
elderly people. If they are homeless with small children,
they would be eligible to reside in this shelter until
permanent housing is obtained. In the shelter, there will
be counseling, day care, 24 hour security and other types of
social services geared towards helping families. There is
nothing to indicate that the shelter is ultra vires or
illegal.
It has been held that a classification into
separate public assistance categories where the needs of the
population are different is not usually considered
discriminatory (Lee v. Smith, 43 N.Y.2d 453). That homeless
families with young children have more need of space and
privacy and freedom from "drug addicts and derelicts" than
do homeless adults is self-evident.
Moreover, plaintiffs have failed to plead acts
that, if proven, would constitute illegality sufficient to
bring an action under the General Municipal Law §51. There
must be a determination that there is "a total lack of power
on the part of the [defendant] to do the acts charged since
[courts] do not sit in judgment on questions of legislative
policy" (Murphy v. Erie County, 34 A.D.2d 295). None of the
allegations raised by plaintiffs show the necessary
illegality that supports a taxpayer's action pursuant to the
General Municipal Law. The claim that individuals who will
not be admitted to the shelter will bring an action on the
ground of discrimination under the Executive Law and
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■therefore the taxpayers' money will be wasted is remote.
The shelter is for homeless families and the decision to
include only families has a rational basis and will not be
disturbed by this Court. There is no indication that
pursuant to the Executive Law §296, people will be excluded
based on their race, creed, color, national origin, sex or
disability or marital status. Although defendants state an
attempt will be made to eliminate eligibility for those who
will cause a disturbance and could be detrimental to the
health, safety and morals of their neighbors, the Executive
Law does not protect the aforementioned class of people (see
NYSHA v. State Human Rights Appeal Board, supra).
Accordingly, since no illegality has been alleged or acts
beyond the power of the defendants, the causes of action
numbered 1 through 5 are dismissed.
Plaintiffs' 6th, 7th, 8th and 10th causes of
action relate to a letter sent by Anthony Veteran on
February 2, 1988 informing people in the community of the
goa] s of the project and the date of a public hearing.
Plaintiffs contend that defendants' answer submitted to the
original complaint demonstrates that the letter contained
misrepresentations and was false and public moneys should
not have been spent to send it. In addition, the
dissemination of false information and failure to state the
facts is a violation of their civil rights. There is
nothing to support this claim, nor do plaintiffs, upon the
most liberal interpretation of their pleadings, plead any
cause of action under the General Municipal Law or Civil
Rights Law (see Stewart v. Scheinart, 47 N.Y.2d 826). These
causes of action are dismissed.
The 11th and 12th causes of action state that the
building of the shelter would be in violation of the zoning
laws. The zoning laws do not apply to private parties
performing governmental functions (People v. St. Agatha's
Home for Children, 47 N.Y.2d 46; cert denied 444 U.S. 869).
The County and the Town have approved the building of the
shelter by H.E.L.P. and therefore H.E.L.P. is exempt from
local zoning laws.
•
The 13th cause of action stating that the County
of Westchester is unlawfully wasting money for the
environmental review of the property is based on the false
premise that the project is ultra vires and illegal. It
-3-
m
does not meet the requirements of a taxpayer's action under
the General Municipal Law and is therefore dismissed.
The 14th and 15th causes of action relate to the
sharing of legal expenses by H.E.L.P. and the three Town
defendants to defend this lawsuit brought by plaintiffs.
Defendant, Town, would have to defend the lawsuit and expend
public moneys for that purpose. H.E.L.P. is paying one-half
the cost to defend four defendants, three of whom are the
Supervisor of the Town of Greenburgh, the Town Board of the
Town of Greenburgh and the Town of Greenburgh. There is no
evidence of a public gift when the private defendant is
paying more than its share for the defense. These causes of
action are dismissed.
The 16th cause of action alleges a hypothetical
right on the part of the school-age children at the shelter
to attend the Valhalla Union Free School District School and
deprivation of that right giving rise to a taxpayer’s action
on their behalf. After the shelter is built, if school-age
children's rights are being violated by a policy set forth
by the County, that policy can be challenged. There can be
no declaration of illegality regarding a policy that is not
f ormulated.
The 9th cause of action is ostensibly related to a
restrictive covenant although it does not plead a cause of
action and must be dismissed. Plaintiffs have asked to
replead that cause of action. Although it is not clear how
plaintiffs will plead a restrictive covenant from the
contract conveying the property to the County, if there are
additional facts that would state a cause of action for a
restrictive covenant, plaintiffs are granted leave to
replead that cause of action.
Submit judgment setting forth a declaration of the
rights of the parties in accordance with the decision
herewith.
-4-
JONATHAN LOVETT, ESQ.
LOVETT & GOULD, ESQS.
Attorneys for Plaintiffs
180 East Post Road
White Plains, N.Y. 10601
MARILYN J. SLAATTEN, ESQ.
Westchester County Attorney
Attorney for Defendant
County of Westchester
600 Michaelian Office Building
148 Martine Avenue
White Plains, N.Y. 10601
DONOVAN LEISURE NEWTON 4 IRVINE, ESQS.
Attorneys for Defendants
Veteran, Town Board, Town of
Greenburgh and H.E.L.P., Inc.
30 Rockefeller Plaza
New York, N.Y. 10112
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Mode
P
1987 UJL 13140 (D.D.C. )
BARRY R. BRUCE, et al., Plaintiffs,
v.
UNITED STATES DEPARTMENT OF DEFENSE, et al., Defendants.
Civ. A. No. 87-0425-LFO.
United States District Court, District of Columbia.
June 16 , 1987.
As Corrected June 26, 1987.
MEMORANDUM
Not Reported in F.Supp.
Citation Database
Not Reported in F.Supp. FOUND DOCUMENT DCTU
1
OBERDORFER, District Judge.
Plaintiffs. Barry P. Bruce, Columbus House, Inc., and the National
Coalition for the Homeless, bring this action against the United States
Department of Defense ( ' D O D 1 ) and its Secretary, Caspar Ul. Weinberger, seeling
injunctive and declaratory relief requiring defendants to prescribe regulations
implerent ing 10 U.S.C. s 2546. Passed in October 1983, section 2546 authorizes
the DOD to make military installations available as shelter to homeless persons
throughout the United States. The statute provides:
(a) (1) The Secretary of a military department may make military
installations under his jurisdiction available to the furnishing of shelter to
persons without adequate shelter. The Secretary may, incidental to the
furnishing of such shelter, provides services as described in subsection (b).
Shelter and incidental services provided under this section may be provided
without reimbursement.
(2) The Secretary concerned shall carry out this section in cooperation with
appropriate State and local governmental entities and charitable
organizations. . . .
(b) Services that may be provided incident to the furnishing of shelter
under this section are the following:
(1) Utl1i tles.
(21 Bedding.
(3 ) Security.
(4) Transportation.
(5) Renovation of facilities.
(6) Minor repairs undertaken specifically to make suitable space available
for shelter to be provided under this section.
(7) Property liability insurance.
(c) Shelter and incidental services may only be provided under this section
to the extent that the Secretary concerned determines will not interfere with
military preparedness or ongoing military functions.
(d) The Secretary concerned may provide bedding for support of shelters for
the homeless that are operated by entities other than the Department of
Defense. Bedding may be provided under this subsection without reimbursement,
but may only be provided to the extent that the Secretary determines that the
provision of such bedding will not interfere with military requirements.
(e) The Secretary of Defense shall prescribe regulations for the
administration of this section.
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Not Reported in F.Supp. PAGE 2
For fiscal year 1984, Congress appropriated $8 million for the DOD shelter
program. Noting that '[llast winter there was a shortage of shelter,' Congress
also stated that 'DOD should make sufficient additional funds available, as
necessary, to support this proqram.' Plaintiffs' Memorandum in Support of
Motion for Preliminary Injunction at 5 (quoting House Committee on
Appropriations, H. Rept. 98-427, Defense Department Appropriation Bill, 1984,
98th Cong., 1st Sess at 39 (1983)).
Despite the command of subsection 2546(e) and the passage of more than three
years, however, the Secretary has not yet promulgated regulations to implement
this section. Plaintiffs complain that the absence of implementing regulations
has resulted in ad hoc and ineffective administration of the shelter program.
Accordingly, on February 19, 1987, plaintiffs filed a complaint for declaratory
and injunctive relief, demanding that defendants 'issue regulations as
expeditiously as possible' and direct all appropriate military officials to
identify available space and make it available for use as shelter beginning
this winter. Plaintiffs also filed a motion for a preliminary injunction. By
consent of the parties, that motion shall be treated as one for summary
judqment. Cf. Fed.R.Civ.P. 65(a)(2).
In response, defendants filed a motion to dismiss arguing that the
action should be dismissed because it does not present a live case or
controversy and because plaintiffs lack standing to assert their claims.
Defendants argue that this action is moot because defendants have promised to
issue regulations in the near future and have announced a timetable for the
promulgation of those regulations following a period of notice and comment.
Under that timetable, the regulations will become final during November 1987 at
the latest .
The issues of moctness and standing will be addressed first.
A.
Defendants’ argument, that this case is moot is unpersuasive. More thar three
years have passed since Congress commanded defendants to adopt regulations
implementing section 2546. Those regulations have not been adopted and, until
this lawsuit was filed in February, there was no evidence that defendants
intended to adopt them. Even now, the promulgation of regulations is not
inevitable. Where there is uncertainty as to when or whether regulations will
be adopted, a challenge to an agency's failure to promulgate rules 'still
exhibits the requisite level of liveliness' to reject a claim of mootness.
Group Aqainst Smoo £ Pollution, Inc. v. EPh , 665 F.*-d 1284, 1- 91 (D.C. Cir.
1981). Moreover, defendants' promise to promulgate regulations does not afford
plaintiffs all of the relief they demand. Plaintiffs have requested an
expedited timetable and preliminary relief. There is, therefore, at least a
live controversy as to whether plaintiffs are entitled to this additional
relief. See Porter v. Schweiker, 648 F.2d 310, 312 (5th Cir. 1981).
Accordingly, defendants' expectation that they will promulgate regulations in
the future does not moot this case.
B.
Defendants argue that the plaintiffs lack standing because they have not
suffered a legally coqnizable injury as a result of defendants' failure to
promulgate reoulations. Defendants also argue that plaintiffs cannot show that
their injuries would be redressed by the promulgation of regulations because,
since the content cf the regulations is within the discretion of the
Secretary, 'it is at most speculative what the specific content of those
• • • • ■ • ft • • •
Not Reported in F.Supp. PAGE 3
regulation;' will be. Defendants' Memorandum of Points and Authorities in
Support of their Motion to Dismiss the Case at 5.
Plaintiff Barry R. Bruce is a homeless person, living on the streets in the
District of Columbia. Plaintiff Columbus House Inc. is a non-profit
organization whose primary function is to provide shelter, clothing, food and a
variety of social services to homeless persons in New Haven, Connecticut.
Plaintiff National Coalition for the Homeless is a not-for-profit organization
which provides aid and services to and advocacy for homeless persons throughout
the United States.
Plaintiff Bruce argues that the absence of regulations implementing section
2546 has resulted in the ad hoc administration of the program and has hindered
efforts to seek assistance under it. He reasons that ‘it is likely that fewer
shelters have been established under the program than would have been
established had defendants prescribed rules for the administration of the
program.' Plaintiffs' Memorandum of Points and Authorities in Opposition to
Defendants' Motion to Dismiss at 23. Columbus House and the National Coalition
further a 1 lege that
Defendants' failure to prescribe rules governing D O D 's authority under
the statute to provide facilities and services to aid homeless persons has
resulted in admittedly 'ad hoc' administration of the program, inconsistent
decisions, contradictory actions, widespread failure to disseminate accurate
information, and deviations from the authority granted to DOD under the
statute. As a result, organizations that have attempted to obtain assistance
for the homeless from DOD have been confronted with inconsistent, unexplained
and incorrect decisions regarding the D O D 's authority under the statute.
Id. at 21.
Illustrating the hardships that this imposes on plaintiffs, they explain:
Columbus House encountered a maze of misinformation and contradictory
determinations in its attempts to seek assistance under the program, thus
making it virtually impossible for Columbus House to make a successful request
for assistance. The existence of regulations would increase the likelihood
that plaintiff could successfully apply for assistance under the program
because regulations would necessarily state how the program will be
administered. Moreover, were regulations in existence, regardless of their
content, Columbus House would not have expended and devoted scarce resources
merely in an attempt to obtain accurate information regarding the existence and
parameters of the program.
Id. at 18.
These claims of injury are coqnizable and are sufficiently concrete to satisfy
the constitutional requirement for standing. Havens Realty Corp. v. Coleman,
455 U.S. 363, 379 (1982); Action Alliance of Senior Citizens v. Heckler, 789
F .2d 931, 937-38 (D.C. Cir. 1986). Furthermore, these injuries are likely to
be redressed by promulqation of the regulations at issue. Defendants'
'redresslbl1lty‘ argument miscomprehends the nature of the injury plaintiffs
suffer. Plaintiffs' injuries are caused by the failure to promulgate
regulations, and are independent of the content of the regulations themselves.
Furthermore, while plaintiffs recognize that they cannot be certain that any
particular shelter operator or homeless person will actually receive assistance
under the program, the publication of rules describing the existence and
operation of the program is a necessary first step to the proper and effective
implementation of the shelter proqram. See Samaritan Health Center v. Heckler,
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Not Reported in F.Supp. PAGE 4
636 F. Supp. 503, 512 (D.D.C. 1985); National Assn, of Rehabilitation
Facilities v. Schweiker, 550 F. Supp. 357, 364 (D.D.C. 1982).
C.
Throughout this litigation, and to their credit, defendants have not attempted
to justify their more than three year delay in promulgating regulations. The
statute directs that regulations 'shall' be prescribed. The word 'shall' is
the language of command in a statute. Association of American R.R. v. Costle,
562 F.2d 1310, 1312 (D.C. Cir. 1977); see also Samaritan, 636 F. Supp. at 515.
Although the statute does not announce a date by which the regulations must be
in place, at some point the delay may become so long as to be unreasonable and
constitute an abdication of statutory responsibility. Public Citizen Health
Research Group [PCHRG1 v. FDA, 740 F.2d 21, 32 ( D . c ' . Cir. 1984); MCI
Telecommunications Corp. v. FCC, 627 F.2d 322, 340 (D.C. Cir. 1980). When that
point is reached, 'the court has the power to order the agency to act to carry
out its substantive statutory mandates.' PCHRG v. FDA, 740 F.2d at 32; see
also Public Citizen Health Research Group v. Auchter, 702 F.2d 1150, 1158-59
(D.C. Cir. 1983); PEPCO v. ICC, 702 F.2d 1026, 1035 (D.C. Cir. 1983); Nader v.
FCC, 520 F.2d 182, 206 (D.C. Cir. 1975). After more than three years, this
delay has become unreasonable.
The difficult issue is what relief, if any, is appropriate. Plaintiffs
request an order directing defendants to promulgate regulations as soon as
possible and additional relief designed to ensure that the program is in place
and operating by winter. Specifically, plaintiffs seek an order immediately
requiring defendants to:
(1) issue a notice of proposed rulemaking with a timetable for the issuance
o f r u l e s ;
(2) provide adequate notice of the existence of the pregram and the
availability of funds for the purposes outlined in the statute:
(3) direct local military officials to identify unused o- underutilized
space fer use as shelter; and
(4) offer any and all such space to local public and private entities for
use beginning this winter.
Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction at 10.
Defendants arque that, in light of their promise to have a final rule in place
sometime in November 1987 at the latest, no relief is appropriate. Defendants
also arcue that relief is unnecessary because, despite the absence of
imp 1*: mer. t ire -egulations, the shelter proqram is and has been operating for
years, in accordance with internal DOD memoranda.
On May 4, 1987 , defendants submitted a Report to the Court on the Status of
Proposed Peculations, announcing that proposed regulations for the
administration of 10 U.S.C. s 2546 have been submitted to the Federal Register
for publication. Those regulations, to be added to part 226 of title 32, were
published in the Federal Register on May 11, 1987, at pages 17605-06. The
proposed regulations reaffirm the D O D 's policy 'to provide shelter for the
homeless on military installations when the provision of such shelter does not
interfere with military preparedness or ongoing military operations.' s
226.3(a). The proposed regulations further assign responsibility for the
program to various officials, designate the procedures to be employed, and
provide for the appointment of an individual ‘who shall be the Department of
Defense program manager responsible for monitoring the Shelter for the Homeless
proqram and answering all inquiries.' s 226.4(a)(2).
Not Reported in F.Supp. PAGE 6
the rule, must be constructed carefully and thoroughly if the agency's action
is to pass judicial scrutiny this time around.
783 F.2d at 1120 (emphasis in original).
As in Rubber Manufacturers, mandamus compelling defendants to adhere to a more
expedited timetable in this case would not be appropriate. The timetable
proposed by defendants, and thus far met with time to spare, appears to be
offered in good faith. The amount of time the agency contemplates taking to
promulgate regulations is not unreasonable. See Rubber Manufacturers, 783 F.2d
at 1120; see also Oil, Chemical and Atomic Workers International Union v.
Zegeer, 768 F.2d 1480, 1488 (D.C. Cir. 1985). Furthermore, as in Rubber
Manufacturers, 783 F.2d at 1120, 'judicial imposition of an overly hasty
timetable at this stage would ill serve the public interest.' Congress left
the operation of the shelter program and the content of the implementing
regulations to the discretion of the Secretary. Congress made plain its
concern that operation of the shelter program not interfere with military
preparedness. Requiring defendants to hurry regulations into effect or
requiring local military officials to identify 'underutilized space'
immediately and offer that space for use as shelters might not permit
defendants to honor Congress' concern. Furthermore, implementation of a
national military shelter program requires known and effective organization.
Plaintiffs themselves attest to the problems caused by the absence of
established standards and procedures. The regulations ultimately promulgated
by the defendants must be constructed carefully if the regulations are going to
be effective and practicable.
It is essential, however, that some measure be taken to ensure against
further unchecked delay. An appropriate measure is the one taken in National
Assn, of Rehabilitation Facilities v. Schweiker, 550 F. Supp. 357 (D.D.C.
1982’. In that case, plaintiffs challenged defendant's failure tc publish
final regulations designed to implement section 933 of the Medicare Act of
1965. That section amended the Act to include certain outpatient
rehabilitation facilities as 'providers of services' eligible for reimbursement
for services provided to qualified Medicare subscribers. Subsection (h) of
section 933 provided that the amendment 'shall become effective with respect to
a comprehensive outpatient facility's first accounting period which begins on
or after July 1, 1981.' Pub.L. No. 96-499, s 933(h), 94 Stat. at 2637 (1980).
Defendants did not publish a Notice of Proposed Rulemaking in the Federal
Register until Mav 10, 1982. As of September 1982, defendants had still not
published the final regulations which were necessary to implement sectipn 933.
As a consequence, facilities were unable to provide, and qualified persons were
unable to receive, the medical care envisioned by Congress. The court noted
that while the Secretary 'certainly has discretion with regard to the method of
implementation and the content of regulations, . . . that discretion does not
permit the substitution of an effective date for section 933 different from
that specified by Congress.' 550 F. Supp. at 365-66.
As relief, defendants were ordered to 'treat the proposed regulations proposed
on May 10, 1982, as final if they have not published a new set of final
regulations by December 15, 1982.' 550 F. Supp. at 366. Although '[clommon
sense and the record before the Court indicatefdl that final regulations
conveniently could and should have been published much earlier,' 550 F. Supp.
at 366, the effective date of the interim relief was postponed until December
15, 1^82--the dafe selected by defendants as the date by which they would have
Not Reported in F.Supp. PAGE 7
final regulations in place. The court observed:
[T]he ordered relief will not interfere with the Secretary's discretionary
decisions, but will only effect his non-discretlonary ministerial duty to
implement section 933. 'Defendants in their discretion maintain that they will
publish final regulations by December, 1982, in which case this Court s
injunction will have no visible effect. In the event that defendants do not
meet their self-imposed deadline, the proposed regulations will go into effect
only until defendants publish final regulations, which will automatically
replace the proposed regulations upon publication.
550 F. Supp. at 366 (footnote omitted); see also International Union, United
Automobile, Aerospace & Agricultural Implement Workers v. Donovan, 756 F.2d
162, 165 (D.C. Cir. 1985).
In light of the delay already incurred and the threat of further delay, and
the convenient availability of proposed regulations as an interim measure,
similar relief is appropriate here. Accordingly, an accompanying order will
direct that in the event that final effective regulations to implement 10
U.S.C. s 2546 are not issued by defendants on or before November 18, 1987, the
regulations published in the form of proposed regulations at 52 Fed.Reg. 17605-
06*(May 11, 198?), as they may be amended before or after November 18, 198/,
shall be effective as interim final regulations for all purposes, such interim
regulations to remain in effect until final ones become effective.
This relief is specifically tailored not to interfere with the
Secretary's exercise of his d iscret ion in implementing the shelter program.
According to defendants, that program is and has been operating for years,
consistent with internal DOD memoranda. Issuance of regulations describing the
operation of the proqram, therefore, need not impose a hardship or additional
burden upon defendants. 1FN11 In sum, '[tlhe burden on the Secretary will not
be c-sat. and the equities favor a r e s u l t tha‘ requires the Secretary to
perform the duty that Congress had assigned to her.' Samaritan, 6?6 F. S u p :
at 518.
An appropriate order will issue.
ORDER
For reasons stated in an accompanying memorandum, it is this 16th day of June
198 h"i s p 0 11
ORDERED: that defendants' motion to dismiss should be, and hereby is, DENIED:
and it is further
ORDERED: that plaintiffs' motion for summary judgment should be, and hereby
is, GRANTED: and it is further
ORDERED: that in the event that final effective regulations to implement 10
U.S.C. s 2546 are not issued by defendants on or before November 18, 1987, the
regulations published in the form of proposed regulations at 52 Fed.Reg. 17605-
06 (May 11, 1987), as they may be amended before or after November 18, 198?,
shall be effective as interim final regulations for all purposes, such interim
regulations to remain in effect until final ones become effective.
FN1 At a status hearing, the court suggested that the DOD might publish,
as interim final regulations, regulations describing the actual current
operation of the program. The parties conferred, but were unable to agree
on a set of regulations which accurately reflected defendants' operations
and obligations as the program is currently administered.
88 Civ. 7738 (GLG)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
YVONNE JONES, ET AL.
Plaintiffs,
v.
LAURENCE DEUTSCH, ET AL.,
Defendants.
PLAINTIFFS' AFFIDAVITS
IN OPPOSITION TO MOTIONS
Paul, Weiss, Rifkind, Wharton & Garrison
Attorneys for p l a i n t i f f s
1 2 6 5 A V E N U E O F T H E A M E R I C A S • N E W Y O R K . N Y I O O I »
1 2 1 2 1 3 7 3 - 3 0 0 0
All communications should be referred
Jay L. Himes, Esq.to