Greenberg v. Veteran Notice of Motion
Public Court Documents
January 22, 1990

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Brief Collection, LDF Court Filings. Greenberg v. Veteran Notice of Motion, 1990. 316e0189-b49a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/ba7ebd55-8caf-45c2-bd82-2269f294ccb0/greenberg-v-veteran-notice-of-motion. Accessed July 30, 2025.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X In the Hatter of the Application of : MYLES GREENBERG and FRANCES M. MULLIGAN, : 89 civ. 0591 (GLG) Petitioners, -against- : NOTICE OF MOTION ANTHONY F. VETERAN, et &1., : Respondents. : --------------------------------------------x PLEASE TAKE NOTICE that upon the accompanying moving affidavit of Paul Agresta, sworn to January 17, 1990, and the annexed exhibits, the accompanying Rule 3(g) State ment, and upon all prior papers and proceedings, the under signed will move this Court, before the Honorable Gerard L. Goettel, on February 9, 1990, at 10:00 a.m., or as soon thereafter as counsel may be heard, at the United States Courthouse, 101 E. Post Road, White Plains, New York, for an order: (a) pursuant to Rule 12(b)(6) or, alternatively, Rule 56, Fed. R. Civ. P., dismissing this case on the grounds that, to the extent the amended article 78 petition seeks reversal of the determination that the incorporation petition failed to describe the boundary of the proposed village with common certainty, the amended petition fails to state a claim upon which relief may be granted, and there is no genuine issue as to any material fact and the undersigned are entitled to judgment as a matter of law; and (b) directing such other and further relief as the Court may deem just and proper. Dated: Elmsford, New York January 22, 1990 PAUL AGRE^TA, ESQ. / Town Attorney U Town of Greenburgh P.O. Box 205 Elmsford, New York 10523 (914) 993-1546 Attorney for Respondents Anthony F. Veteran and Susan Tolchin CUDDY & FEDER 90 Maple Avenue White Plains, New York 10601 Attorneys for Respondents Karen Developments, Inc., and Robert Martin Company White Plains, New York 10601 (914) 761-1300 Respondent Pro Se Ruth E. Roth 2 PAUL, WEISS, RIFKIND, WHARTON & GARRISON 1285 Avenue of the Americas New York, New York 10019 Attorneys for Respondents Anita Jordan, April Jordan, Latoya Jordan, Anna Ramos, Lizette Ramos, Vanessa Ramos, Gabriel Ramos, Thomas Myers, Lisa Myers, Thomas Myers, Jr., Linda Myers, Shawn Myers, and National Coalition for the Homeless -and- Local counsel for Respondents Yvonne Jones, Odell A. Jones, Melvin Dixon, Geri Bacon, Mary Williams, James Hodges, and National Association for the Advancement of Colored People, Inc. White Plains/Greenburgh Branch JOYCE KNOX, ESQ. NAACP, Inc. 4805 Mount Hope Drive Baltimore, Maryland 21215-3297 (301) 486-9191 Attorney for Respondents Yvonne Jones, Odell A. Jones, Melvin Dixon, Geri Bacon, Mary Williams, James Hodges, and National Association for the Advancement of Colored People, Inc. White Plains/Greenburgh Branch TO: LOVETT & GOULD 180 E. Post Road White Plains, New York 10601 (914) 428-8401 Attorneys for Petitioners 3 Of Counsel Robert M. Hayes, Esq. O'Melveny & Myers Citicorp Center 153 East 53rd Street, Room 5314 New York, New York 10022 (212) 326-2000 Julius L. Chambers, Esq. John Charles Boger, Esq. Sherrilyn Ifill, Esq. 99 Hudson Street New York, New York 10013 (212) 219-1900 Andrew M. Cuomo, Esq. 12 East 33rd Street, 6th Floor New York, New York 10016 (212) 779-3350 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------x In the Matter of the Application of : MYLES GREENBERG and FRANCES M. MULLIGAN, : 89 civ. 0591 (GLG)Petitioners, -against- : AFFIDAVIT ANTHONY F. VETERAN, et al., : Respondents. : x STATE OF NEW YORK ) ) S S • • COUNTY OF WESTCHESTER ) PAUL AGRESTA, being sworn, states: 1. I am the Town Attorney of the Town of Greenburgh, and am counsel for respondents Veteran and Tolchin, the Town Supervisor and Town Clerk, respectively. I submit this affidavit in opposition to the amended article 78 petition, and in support of respondents' motion to dismiss or, alternatively, for summary judgment, on the ground the Mayfair Knollwood boundary set forth in the incorporation petition lacks common certainty. All respondents who have appeared are joining in this motion. 2. By this affidavit, I shall briefly summarize the background facts. I also will place in the record the documentary materials pertinent to this motion. The Underlying Facts 3. As is well known in the community, homeless ness is a significant problem in Westchester County. Currently, homeless families in the County are quartered at great public expense in often squalid motel rooms. In late 1987, the County and a not-for-profit corporation, West H.E.L.P., Inc. ("West HELP"), jointly proposed to establish several housing developments in the County for homeless families with children. One of West HELP'S purposes is the construction of housing for homeless persons in the State. 4. In January 1988, the Town offered to have one of those developments established within its boundaries. Together with West HELP, the Town proposed approximately 34 acres of land, presently owned by the County, as the site for the housing. The West HELP project is intended to provide safe, economical and humane emergency (or "transitional") shelter to 108 homeless families with children, pending their establishment of more permanent homes. As planned, it would consist of six two-story buildings with approximately 18 housing units each. A seventh building would be constructed to house day care, counseling, and selected social services for those lodged at the shelter. 5. In early 1988, a group of Town residents announced the formation of an organization called Coalition 2 of United Peoples, Inc. ("COUP"). COUP'S stated purpose is to stop the West HELP shelter. In late February 1988, Laurence Deutsch, COUP'S president, publicly announced a plan to petition to incorporate a new village within the Town, which would include within its boundaries the West HELP project site. Thereafter in 1988, a petition to incorporate the proposed village of "Mayfair Knollwood" was circulated for signature. Annexed Exhibit 1 is a copy of the petition, including the boundary description (Exhibit A to the petition), but excluding the census list of residents and the signature pages. 6. On September 14, 1988, Mr. Deutsch and others formally presented the incorporation petition to the Town Supervisor. In accordance with the New York Village Law, a November 1, 1988 hearing on the petition was scheduled. 7. I attended that hearing. Various individuals — both proponents and opponents of the Mayfair Knollwood effort — spoke. The Town Supervisor also received signed written materials expressing views on the proposed incorpora tion. The hearing was adjourned to November 21 solely to permit submission of further written materials, which were presented. No oral hearing session was held on the 21st. For the Court's reference, I am contemporaneously serving and filing two bound volumes, comprising copies of the transcript of the hearing (Volume I) and of all written materials 3 submitted in connection with it (Volume II). However, our motion for dismissal relates only to a limited part of this material. 8. On December 6, 1988, the Town Clerk filed the Town Supervisor's written decision with respect to the incorporation petition. That decision rejected the petition on six independent grounds. A copy is annexed as Exhibit 2. Petitioners, of course, seek to overturn the decision in this proceeding. The Boundary Description Defects 9. This motion concerns only one basis for the Town Supervisor's decision — his finding that the incorpora tion petition failed to include a boundary description of Mayfair Knollwood sufficient to identify the proposed village "with common certainty," as required by § 2-202(1)(c)(1) of the Village Law. This failure, the Town Supervisor noted, made it "impossible to locate the boundaries with the preci sion that is necessary." (Ex. 2, p. 1) The Town Supervisor based this part of his decision on a review and report by Larry J. Nardecchia, Jr., a Town resident and Town Engineer. A copy of Mr. Nardecchia's report — submitted to the Town Supervisor as a statement in opposition to the petition to form Mayfair Knollwood — is annexed as Exhibit 3. 10. Mr. Nardecchia is well qualified to review the boundary description. As detailed in his report, he is a 4 licensed professional engineer, with 27 years experience in local government. His regular duties have included review of property descriptions to determine their sufficiency. (Ex. 3, p. 1) After reviewing the Mayfair Knollwood descrip tion, Mr. Nardecchia found multiple defects, which formed the basis for his conclusion that the description "does not in fact describe an area of land with common certainty . . . ." (Ex. 3, p. 8) 11. This determination — upon which the Town Supervisor relied — is unrebutted. Indeed, although the amended article 78 petition includes a conclusory allegation discounting the finding, petitioners offer no specific facts either to defend the boundary description or to impeach Mr. Nardecchia's determination. (See the amended article 78 petition, 61, annexed Exhibit 4.) 12. As part of their effort to overturn the Town Supervisor's finding, petitioners do, however, allege that the boundary description should be deemed adequate because the Town was able to prepare a map showing the exclusion of minority residents from the proposed village. (See annexed Exhibit 5, a reduced version of the map that the Town prepared.) This argument is without merit. First of all, the Town's map is based in part on a map that Mayfair Knollwood proponents themselves furnished to a local newspaper, which that newspaper published. At the time the 5 incorporation petition was filed, the Town attempted to draw a map of the proposed village boundaries. That effort disclosed boundary gaps that could not be remedied by reference to the description submitted with the petition. To complete the drawing process, ,!boundaries" were extrapolated based on what was believed to be intended in light of the newspaper map. The map that the Town thus developed, however, was never intended to describe the proposed village with "common certainty." 13. Equally important, a description sufficient to demonstrate exclusion of minorities will not necessarily be adequate to permit formation of a new village. Village Law § 2-202's boundary description requirement reflects the practical need for clear borders, which define, in geographic terms, the extent of the legal responsibilities of every unit of municipal government. There is no room for uncertainty in the physical point at which one municipality's responsibilities begin and another's end. Hence, the "common certainty" requirement. 14. Finally, for ease of reference, I annex as Exhibit 6, a copy of an unreported lower court decision, cited in our memorandum of law, Matter of Viola Hills v. Conklin, Index No. 6935/85 (Rockland Co. Sup. Ct. Dec. 31, 1985), aff.*d, 129 A. D. 2d 579, 514 N.Y.S.2d 79 (2d Dept.), leave to appeal denied. 70 N.Y.2d 602, 512 N.E.2d 550, 518 6 N.Y.S.2d 1024 (1987). In that case, the court held that two boundary defects rendered an incorporation petition insuffi cient. As Mr. Nardecchia's review demonstrates, there are many more defects in the Mayfair Knollwood description. nying memorandum of law, which more fully sets forth the basis for our motion. As we there demonstrate, affirmance of this single ground relied on by the Town Supervisor is all that is required to uphold his decision. Thus, respondents' motion shall be granted. The amended article 78 petition should be dismissed. 15. I respectfully refer the Court to our accompa- Sworn to before me this /7/̂ day of January 199 0 7 TOWN OF GREENBURGH COUNTY OF WESTCHESTER STATE OF NEW YORK In the matter of the Incorporation of the Village of Mayfair Knollwood : PETITION FOR i to be located in Westchester County, INCORPORATION New York. : X TO THE SUPERVISOR OF THE TOWN OF GREENBURGH: The undersigned petitioners respectfully allege as follows: 1. This petition is signed on the basis that the petitioners constitute at least twenty percent of the resi- ents of the territory proposed to be incorporated qualified to vote for town officers in a town in which all such terri tory is located, to wit, the Town of Greenburgh, New York. 2. The name of the proposed village is "Village of Mayfair Knollwood" 3. The territory of the proposed village contains a population of at least five hundred regular inhabitants. 4. The manner in which the area requirements of Section 2-200 of the Village Law are satisfied is that the limits of the territory of the proposed village do not contain more than five (5) square miles and such territory 'does not include a part of a city or village. 5. The full names and addresses of the persons on whom and at which addresses all papers required to be~ served in connection with a proceeding for incorporation are as follows: Names Colin Edwin Kaufman Steven Neil Goldrich Michael Jaimes Tone A majority of said persons proposed village. Mdzesssi 8 Hartford Road a/k/a Hartford Lane White Plains, New York 10603 (White Plains Post Office but located in the Town of Greenburgh) 128 North Hampton Drive White Plains, New York 10603 (White Plains Post Office but located in the Town of Greenburgh) 19 Chelsea Road White Plains, NY 10607 (White Plains Post Office but located in the Town of Greenburgh) aside in the territory of the 6. There is attached and securely fastened hereto as Exhibit A, prior to the signature pages, a description of the territory proposed to be incorporated sufficient to indentify the location and extent of such territory with common certainty and which description includes a metes and bounds description of same forming the entire boundaries of the territory proposed to be incorporated as the Village of Mayfair Knollwood. 7. There is attached and securely fastened hereto, as Exhibit B, prior to the signature pages, a list of the names and addresses of the regular inhabitants of the territory proposed to be incorporated. WHEREFORE, petitioners respectfully pray that the Supervisor and other appropriate officials take and cause to be taken all necessary and proper actions to accomplish the incorporation of the Village of Mayfair Knollwood. EXHIBIT A Description of the territory proposed to be incorporated as the Village of Mayfair Knollwood with a description sufficient to identify and describing the location and extent of such territor with common certainty and which description includes a metes and bounds description of same forming the entire boundaries of the territory proposed to be incorporated as the Village of Mayfair Knollwood. Beginning at the intersection of the easterly side of Knollwood Road and the southerly border of the town of Mount Pleasant located at or about the center of said Grasslands Road. Running thence South 67? 40' East a distance of 49.25 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 68° 27' 40" East a distance of 344.15 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 67° 23' 20" East a distance of 165.00 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 68° 55' 30" East a distance or 277.49 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 71° 53' 40" East a distance of 98.00 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 74® 32' 00" East a distance of 373.82 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 61° 38' 20" East a distance of 78.57 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 56° 32' 30" East a distance of 232.2S feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 60° 25' 10" East a distance of 484.02 feet alrng the said southerly border of the Town of Mount Pleasant, being also the northerly,border of the Town of Greenburgh. Running thence South 61° 45’ 20"'East a distance of 313.97 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 57° 39* 50" East a distance of 375.77 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 60° 14' 50" East a distance of 320.11 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 63° 35' 50” East a distance of 139.45 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 63° 58' 50" East a distance of 286.63 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 64° 20' 00" East a distance of 79.65 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border.of the Town of Greenburgh. Running thence South 66° 38' 20" East a distance of 74.66 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 70° 34' 40" East a distance of 210.66 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 71° 19' 50" East a distance of 45.90 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Tow’r. of Greenburgh. -2- Running thence South 73° 56' 40" East a distance of 196.32 feet along the said southerly border of the Towr of Mount Pleasant, being also the northerly border of the Town of Greenburgh ... Running thence South 79° 43' 50" East a distance of 66.08 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 78° 52' 10" East a distance of 56.67 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 74° 04' 10" East a distance of 39.04 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 68° 27' 00" East a distance of 38.86 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 68° 37' 40" East a distance of 261.65 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 60° 23' 40" East a distance of 61.09 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 57° 13' 04" East a distance of 38.60 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh to a point at or about the center of Stevens Lane Running thence South 47° 49' 47" East a distance of 40.99 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh -3- Running thence South 48° 40' 36" East a distance of 16.25 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh _ __ •_ _ __ Running thence South 45° 31' 31" East a distance of 18.51 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 43° 30' 22" East a distance of 17.36 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 38° 31' 27" East a distance of 23.76 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 30° 13' 50" East a distance of 64.79 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 28° 00' 40" East a distance of 24.68 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 25° 46' 40" East a distance of 5.02 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 28° 52' 50" East a distance of 10.60 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 19° 26' 40” East a distance of 24.93 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 15° 06' 50" East a distance of 24.35 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh -A- Running thence South 14° 27' 50" East a distance of 36.03 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh _ . .. . .. . .. __ _ Running thence South 14° 19' 20" East a distance of 69.00 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 14° 19' 20" East a distance of 59.90 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 12® 35' 58" East a distance of 79.66 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 13° 58' 00" East a distance of 150.00 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 27° 31' 40" East a distance of 119.09 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 47° 32' 20" East a distance of 82.49 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 14° 42' 50" East a distance of 83.19 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 5° 17' 20" East a distance of 21.26 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 2° 18' 28" East a distance of 121.6E feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh -5- Running thence South 5° 07' 15" East a distance of 73.85 feet along the said southerly border of the Town of -Mount Pleasant, being also the northerly border of the Town of Greenburgh ...... __^ Running thence South 35° 29' 55" East a distance of 23.50 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 7° 49' 10" East a distance of 106.94 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 23° 31' 20" East a distance of 35.05 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 42° 08' 10" East a distance of 72.11 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 41° 48' 10" East a distance of 50.62 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 17° 13' 00" West a distance of 121.29 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh to a point at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 28° 35' 40" West a distance of 131.18 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 23° 20' 40" West a distance of 388.19 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 21° 37' 00" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) 54.39 (also / -6- Running thence South 27° 30' 20" West a distance of approximately 510.00 feet at or about tKe center line of Hillside Avenue (also known as Route 100) Running thence South 35° 02'- 00" West a distance of 311.18 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 37? 44' 00" West a distance of 113.0 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 43° 19* 00" West a distance of 117.50 feet at or about the center line of Hillside Avenue .(also known as Route 100) Running thence South 41° 22' 00" West a distance of 85.29 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 51° 11' 00" West a distance of 321.03 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South feet at or about the known as Route 100) 50° 38' 35" West a distance of 203.45 center line of Hillside Avenue (also Running thence South 51° 39' 50" West a distance of 137.44 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 54® 58' 20" feet at or about the center line known as Route 100) West a distance of 65.41 of Hillside Avenue (also Running thence South 60® 16' 55" West a distance of 173.25 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 59° 51' 30" West a distance of 60.49 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 66® 56’ 50" West a distance of 585.14 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 62° 42' 50" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 80° 42*. 20" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 52? 25' 10" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 49° 23' 10" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 43° 10' 00" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 36° 40' 30" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 25° 06' 30" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence North 86° 33' 40" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 17° 53' 00" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 15° 34' 30" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 16° 54' 10" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 88° 10' 20" West a distance of feet to a point Running thence South 8S° 00' 20" West a distance of feet to a point 328.15 (also 270.06 (also 337.83 (also 158.38 .(also 121.53 (also 102.92 (also 93.38 (also 12.48 (also 215.86 (also 223.77 (also 201.52 (also 170 .40 171". 0 0 - 8- Running thence South 89° 35’ 20" West a distance of 49.00feet to a point Running thence North 80° 37' 40" West a distance of 28.10feet to a point • - - Running thence South 87° 41' 20" West a distance of 418.87 feet to a point Running thence South 88° 26' 10" West a distance of 269.56 feet to a point Running thence South 81° 34' 10" West a distance of 120.40 feet to a point Running thence South 86° 11' 00" West a distance of 48.11feet to a point Running thence South 84° 57' 30" West a distance of 58.42feet to a point Running thence South 84° 04' 50" West a distance of 33.13feet to a point Running thence North 86° 04' 20" West a distance of 111.52 feet to a point Running thence South 8° 18’ 00" East a distance of 254.62feet to a point Running thence South 9° 04' 00" East a distance of 104.97 feet to a point Running thence South 17° 49' 00" East a distance of 110.21feet to a point Running thence South 18° 06' 00" East a distance of 5 6.76feet to a point Running thence South 16° 48' 00" East a distance of 191.1-feet to a point Running thence North 89° 44’ 00" East a distance of 19.32feet to a point Running thence North 88° 00' 00" East a distance of 192 . £feet to a point -9- Running thence North 89° 00* SOo East a distance of 94.52 feet to a point Running thence North 88 0 43' 00" East a distance of 216.34 feet to a point .* Running thence North 87° 28' 00” East a distance of 95.18 feet to a point Running thence North 86° 06' 00" East a distance of 100.31 feet to a point Running thence South 89 6 20' 00" East a distance of 135.72 feet to a point Running thence North 88° 30' 00" East a distance of 188.13 feet to a point at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 15° 11' 00" West a distance of 742.31 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 89° 32' feet to a point Running thence North 87° 21 ' feet to a point Running thence South 88° 30' feet to a point Running thence South 87° 25' feet to a point Running thence South 88° 40' feet to a point Running thence North 85° 45' feet to a point Running thence South 87° 16' feet to a point Running thence North 88° 09 ' feet to a point Running thence South 86° 01 ' feet to a point O o 3 West a distance of 118 . 7 3 o o 3 West a distance of 57 .22 oo West a distance of 2 C 0 .02 00" West a distance of 126 .00 o o 3 West a distance of 157 .02 oo West a distance of 19. 13 o o 3 West a distance of 46. 01 o o 3 West a distance of 34 .09 00" West a distance of 109'. 0 4 -10- Running thence North 5° 59' 20" West a distance of 435.99 feet to a point . v... - Running thence South 88° 07' 50" West a distance of 806.08 feet to a point Running thence South 11° 54' 00" East a distance of 458.87 feet to a point at or about the center line of Old Tarrytovn Road Running thence North 72° 43' 00" West a distance of 14.60 feet at or about the center line of Old Tarrytown Road Running thence South 89° 14' 00" West a distance of 254.50 feet at or about the center line of Old Tarrytown Road Running thence North 88° 45' 00" West a distance of 40.50 feet at or about the center line of Old Tarrytown Road Running thence South 59° 34' 00" West a distance of 21.00 feet at or about the center line of Old Tarrytown Road Running thence South 81° 26' 00" West a distance of 56.53 feet at or about the center line of Old Tarrytown Road Running thence South 87° 22' 00" West a distance of 284.92 feet at or about the center line of Old Tarrytown Road Running thence South 74° 11' 00" West a distance of 59.78 feet at or about the center line of Old Tarrytown Road Running thence North 88° 22' 00" West a distance of 89.15 feet at or about the center line of Old Tarrytown Road Running thence southerly a distance of approximately 25 fee to the northeasterly corner of lands now or formerly of Mount Vernon Trap Rock Corporation being at the intersectic of the westerly boundary of Manhattan Park as shown on R.G Map #1015 on a course South 3° 56' 20" West a distance of 248.20 feet Running thence South 87° 55' 00" West a distance of 22.03feet to a point Running thence South 3° 25' 20" West a distance of approximately 316.4 feet to a point Running thence South 86° 20' 05" West a distance 'of 723.-9 feet to a point -11- Running thence North 55° 30' 30" West a distance of 348.34 feet to a point at or about the center line of Knollwood Road Running thence North 28° 41' 30" East a distance of 142.82 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence North 3° 4' 23" West a distance of 93.84 fee at or about the center line of Knollwood Road (also known a Route 100A) Running thence North 39° 25' 10" East a distance of 233.07 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence North 28° 23' 30" East a distance of 7.9 fee at or about the center line of Knollwood Road (also known a Route 100A) Running thence North 35° 20' 10" East a distance of approximately 198.44 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence North 35° 18' 00" East a distance of 142.17 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence westerly across Knollwood Road to a point where the Village of Elmsford border proceeds in a northwesterly direction from the westerly side of Knollwood Road Running thence North 10° 25' 50" West a distance of approximately 4115 feet to a point said line being intended to be immediately adjacent to the present border of the Village of Elmsford Running thence North 80° 15' 30" West a distance of 100.02 feet said line being intended to be immediately adjacent tc the present border of the Village of Elmsford Running thence North 8° 31’ 20" East a distance of 512.26 feet along the easterly border of the Sprain Brook Parkwav to the southerly side of Payne Street - Running thence North 62° 12' 49" West a distance of 257.59feet to a point -12- Running thence easterly along the southerly side of Payne Street a distance of approximately IDO feet to the intersection formed by the southerly side of Payne Street and the westerly,side of HontgomeryAvenue •Running thence northerly across Payne Street a distance of approximately 50 feet to the intersection formed by the northerly side of Payne Street and the westerly side of Montgomery Avenue Running thence along the westerly side of Montgomery Avenue a distance of 285 feet to a point on the westerly side of Montgomery Avenue Running thence easterly and at right angles to the westerly side of Montgomery Avenue a distance of 150 feet to a point distant 100 feet from the westerly side of Lawrence Avenue Running thence northerly and parallel with the westerly sic of Lawrence Avenue (distant 100 feet westerly from the westerly side of Lawrence Avenue) a distance of 400 feet Running thence westerly across the Sprain Erook Parkway tc point on the easterly side of Executive Boulevard distant 393.20 feet on a course South 34° 37' 00" West from Monumer. No. 16 as shown on Map No. 15544 filed in the Westchester County Clerk's Office Division of Land Records on August 20 1967 Running thence North 55° 23 ' feet to a point Running thence North 4 3 c 07 ’ feet to a point Running thence South 83° 02' feet to a point Running thence South 77° 27' feet to a point Running thence South 83° 39 ' feet to a point Running thence North 10° 49 ' feet to a point Running thence South 64° 05' feet to a point 00" West a distance of 300.00 00" West a distance of 365. SC 00" West a distance of 235.80 00" West a distance of 38.20 00" West a distance of 704.90 00" West a distance of 473.5 30" West a distance of 41236 -13- Running thence South 42° 23' to o a West a distance of 53.08feet to a point Running thence South 12° 58' 20" West a distance of 12.54feet to a point • Running thence South 81® 57' 40" West a distance of 36.23 feet to a point Running thence South 69® 09’ 30" West a distance of 54.13 feet to a point Running thence South 40® 26' 30" West a distance of 75.29 feet to a point Running thence South 71® 11' 40" West a distance of 100.90 feet to a point Running thence South 57® 15' 20" West a distance of 100.39feet to a point Running thence South 79® 22' 10" West a distance . c_/ J. 46.87 feet to a point Running thence South 55® 41' 30" West a distance of 77.85 feet to a point Running thence South 55® 57 ' 50" West a distance of 91.22 feet to a point Running thence South 42° 00' 00" West a distance of 100.60 feet to a point Running thence South 59® 08 ’ 50" West a distance of 48.26 feet to a point Running thence South 79° 19' 00" West a distance of 18.60 feet to a point Running thence South 89® 03' 10" West a distance of 26.25 feet to a point Running thence northwesterly a distance of 55 feet more or less to the westerly side of Saw Mill River Road (Route 9A) at a point formed by the westerly side of Saw Mill River Road (Route 9A) and the southerly side of Fairview Park Drive where same intersect at the southerly end of a curve to the south having a radius of 30 feet f -14- Running thence along the westerly side of Saw Mill River Road (Route 9A) a distance of 149.83 feet to a point Running thence along the westerly side of Saw Mill River Road (Route 9A) South 17° 50' 16" East a distance of 36.86 feet to a point Running thence along the westerly side of Saw Mill River Road (Route 9A) South 18® 37' 50" East a distance of 832.06 feet to a point Running thence along the westerly side of Saw Mill River Road (Route 9A) South 13° 28' 30" East a distance of 272.4 feet to a point Running thence along a curve to the right with a radius of 731.0 feet, a central angle of 4C 21' 09" a distance of 55.53 feet to a point Running thence South 81° 00' 20" West a distance of 768.04 feet to a point Running thence South 5° 29' 10" West a distance of 630.84 feet to a point Running thence North 56° 31' 40" West a distance of 576.11 feet to a point on the easterly line of lands of the New York and Northern Railroad Company now, or formerly, New York Central Railroad Company (Putnum Division) (hereinafter "N.Y.C.RR.P.D.") Running thence along the easterly line of said N.Y.C.RR.P.D. North 5° 50' 50" East a distance of 124.67 feet to a point Running thence along the easterly line of said N.Y.C.RR.P.D on a curve to the left tangent to the previous course and having a radius of 1194.06 feet a distance of 697.31 feet t. a point Running thence northerly along the easterly line of said N.Y.C.RR.P.D. on a curve to the left having a radius of 1177.56 feet, a central angle of 25° 01' 00" a distance of 514.15 feet to a point Running thence North 52° 46' 20" West a distance of 722. CG feet to a point -15- Running thence northerly on a curve to the right having a radius of 1399.39 feet, a central angle of 10° 39' 25" a distance of 260.28 feet to a point Running thence North 73° 09' 00" East a distance of 16.44 feet to a point Running thence North 73° 39' 00" East a distance of 1.82 feet to a point Running thence northerly on a curve to the right having a radius of 1382.89 feet, a central angle of 17° 39' 58" a distance of 426.39 feet' Running thence North 24° 46' 20" West a distance of 250.00 feet to a point Running thence northerly on a curve to the left having a radius of 1004.41 feet, a central angle of 22° 33’ 15" a distance of 395.38 feet to a point Running thence North 47° 19* 35" West a distance of 270.70 feet to a point Running thence North 57° 46' 20" West a distance of 504.2 feet to a point Running thence continuing along the northerly and easterly- lines of "N.Y.C.RR.P.D." as it winds along the southerly line of lands now or formerly of the County of Westchester to a point located at the southeasterly corner of lands shown on a certain map entitled "Westchester Lighting Co. County of Westchester," said map filed in the Office of the Clerk of Westchester County, Division of Land Records, on 1-5-1943 as Map No. 5673; being approximately a distance of 197 feet Running thence still along said northerly and easterly line of said "N.Y.C.RR.P.D.," North 75° 32' 55" West 783.94 feet to a point Running thence in a northwesterly direction, along a curve to the right having a radius of 621.78 feet, an interior angle of 62° 24' 40", a distance of 677.29 feet to a point Running thence still along said "N.Y .C .RR.P.D .," North 13c 08' 15" West 933.97 feet to a point -16- Running thence still along said railroad, on a curve to the right in a generally northeasterly direction, said curve having an interior angle of 69° 57* 15", a radius of 754.32 feet and a distance of 920.97 feet to a point Running thence still along said railroad North 56° 49' East 351.24 feet to a point Running thence still along said railraod, in a generally northerly direction, on a curve to the left, having a radius of 811.78 feet, an interior angle of 21® 35' 46", a distance of 305.98 feet to a point Running thence still along said railroad, North 35° 13' 14" East 752.69 feet to a point on the southwesterly line of 01c Saw Mill River Road, as the same is shown on the aforesaid filed Map No. 5673 Running thence continuing on a prolongation of said line to a point in said Old Saw Mill River Road at the division lin< between the Town of Greenbrugh on the South and the Town of Mount Pleasant on the North Running thence along said division line on a line generally parallel with the following 2 courses and distances South 48° 26' 56" East 377.83 feet to a point South 48° 56' 36" East 30.22 feet to a point, said point being a prolongation of the division line between lands N/F of James Butler and/or Emipire City Racing Association, and lands N/F Westchester Lighting Co. as shown on the aforesai Map No. 5673 Thence continuing along said division line between the Towr of Mount Pleasant on th North and the Town of Greenburgh or the South on a line gnerally parallel to the following 6 courses and distances On a curve to the left, in a generally Easterly direction, having a radius of 1946.86 feet, a central angle of 1° 48' 38", a distance of 61.52 feet to a point Thence continuing along said division in the same manner, South 34° 45' 00" West 45.54 feet to a point South 55° 15' 00" East 102.00 feet to a point North 34° 45' 00" East 41.97 feet to a point -17- Thence continuing in an easterly direction, along a curve tc the left, having a radius of 1946.86 feet, a central angle of 2° 23' 15", a distance of 81.125 feet to a point Thence continuing along said Town division line, in the same manner, the following 14 courses and distances South 57° 37' 16" East 373.84 feet South 57° 53' 10" East 43.33 feet South 63° 20' 30" East 64.27 feet South 68° 16' 40" East 63.98 feet South 71° 57' 20" East 48.14 feet South 75° 31' 00" East 167.65 feet South 75° 03 ' 30" East 417.19 feet South 71° 58' 00" East 46.04 feet South 70° 36' 00" East 53.02 feet South 67° 40' 50" East 36.36 feet South 66° 14 ' 50" East 71.78 feet South 63° 42' 50" East 155.58 feet South 63° 47’ 50" East 376.04: feet Running thence along a curve tc the right in a generally southeasterly direction, having a radius of 954.67 feet, a central angle of 53° 14' 00", a distance of 830.73 feet me: or less, to a point on the aforesaid Town division line, a: the intersection of Old Saw Mill River Road and Grasslands Road (a/k/a Lower Cross Road) Running thence from said point, continuing along the division line between said Towns, in a generally easterly direction, all as shown on filed Map No. 1879, sheet 67, t a point being the prolongation of the Westerly line of lar. shown on said map as "Property To Be Acquired By The City New York" -18- Running thence from said point, continuing along said division line between the Town of Mount Pleasant on the North, and the Town of Greenburgh on the South, in a generally Easterly direction, all as shown_on_filed Map No. 1863, sheet 52, to a point and the Easterly boundary of lands shown on Map No. 1879, sheet 67, as "Property To Be Acquired By The City of New York", said easterly line more particularly shown on filed Map No. 1863 Continuing along said division line, in a generally southeasterly direction, and generally parallel to the northerly taking lines shown on filed Maps Nos. 19736, 19319, 12821 and 19920, 19993, 19317 and 19484, respectively, to a point where said division line intersect the easterly side of Knowllwood Road, at the point or place Of BEGINNING. -19- 5 0 Xa the Matter of . . tie Proposed Incorporation of tie Village of Mayfair Knollvood A petition for tie incorporation of certain territory in tie Town of Greeniurgi as tie Village of Mayfair Kncllwood having duly been received by me on September 14, 1988, and after due posting and publication of notice in accordance witi Section 2—20 4 of tie Vi^^age law, a hearing to consider tie legal sufficiency of suci petition having been held on November 1, 1988 , at tie Greeniurgi Town Hail, Kncllwood and Tarrytown Roads, Elmsford, New York, and said hearing having been adjourned until November 21, 198 8 for tie receipt of written testimony, in accordance witi Section 2-20 6' of tie Village Lav, and all testimony and objections having been heard; Now, therefore, I hereby determine that the aforesaid petition does not comply with tie requirements of Article 2 of the Village Law, does not comply with the requirements of the Constitution of tie United States of America, and does not comply witi the requirements of tie Constitution of tie State of New York, for tie following reasons: 1. The boundary description submitted witi tie petition did not describe tie boundaries of tie proposed village with 'common certainty* thereby making it"impossible to locate tie boundaries witi tie precision that is . necessary. Numerous gaps in tie proposed boundaries were discovered making tie description defective. | 5a Tim memorandum in opposition submitted by the Toro . ' Engineer clearly details the deficiencies in the boundary, description. At least 15 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 nap 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 la 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 wanner to exclude black persons from the proposed village. Such gerrymandering constitutes a blatant attempt at racial discrimination and violates the rights granted to all citizens by the Constitution of the United^ /States of America and the Constitution of the “State of Sew^ • * 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 5 2 repeatedly deviate from »"natnral conrs* solely to exclude individual properties where blacks live. Within the boundaries of the - proposed village there is not a single unit of multi-family housing, housing which historically has been more accessible to minority groups because of its lower cost. The boundary tigs and zags approximately 1000 feet along Route 9A to exclude a scatter site public bousing 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 Tarry town 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—'l-.: anticipated to be black families. The boundary carves through the neighborhood of North Elmsford, a neighborhood which has stood cohesively as a unified area since the 18 8 0’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 Hemes, Parkway Gardens, /Hillside—Wvndcver, and of course, the public housing and-_lov/ and moderate income housing areas of predominantly black Fairview. Included in the proposed village is all the available undeveloped lands bordering black areas. These undeveloped 1lands are tie cnlv natrrai expansion areas for the hlacic j 5 3 neighborhoods. By tiaki ng these lands it. ta el«ar that the petitioners intend to stop tie growth of the black neighborhoods in an attempt to exclude future generations of . __ blacks from Greenburgh. IWhile 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 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 personsr 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 cf transitional housing for homeless families near the neighborhood of Mayfair Knc 11 wood. Such an invidious purpose is not what was Sccntemplated by the Legislature when the statutes fvreming* the incorporation of villages were drawn and cannot be permitted, to succeed. - . Hysterically, the legal concept of incorporated villages was created to afford residents of an area an • opportunity to create a multipurpose special district to . -4- 5 4 **c-arm fir* or polio* protection or other ̂ public **rv±c*s. ' .* Typically, clusters of people in an ctharvis* sparsely settled town joined together to provide services that would not be of benefit to the Town as a whole. After World War II, 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. Eather, 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 jcrcwn 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 allr ma- - ,buildings and existing* hem#*.' The-.prec.cn:nantiy black •• • • , homeless residents would be provided cn-s:te day care,* « ! 5 5 *• counseling, social *«rric«a, recreation, -transportation, end ' 24 hour security. Visitation would be restricted to & 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 108 families that would be housed for an average stay of six months each represent only a fraction of the over 4500 homeless persons ncv"_ _present in Westchester County. Yet, given all the safeguards and the high purpose of the Westhelp project, the petitioners have organised to stop the project by any means possible solely because of the irrational argument that it is to be_ located in their "back-yard". While Article 2 of the Village law does act 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 procedures for the formation of a new village cannot be used to accomplish an unlawful end. 5 6 i T2i«refor«, it is ny obligation «-s i public official to •' defend the constitution and to reject the petition on the grounds that its purpose is to deny homeless persons needed .services, to exclude homeless persons, and to racially discriminate against homeless persons who 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 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 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.^!! that numerous residents were omitted from the list of ’regular inhabitants’. In particular, many of the newer residents were omitted. Dated: Sims ford, N.T. December 1, 1988. 5 7 STATE OF NEW YORJCCOUNTY OF WESTCHESTER : ss. TOWN OF GREENSURGH 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. (S E A 10 Town Clerk TO : ANTHONY F. VETERAN, SUPERVISOR FROM : LARRY J. NARDECCHIA, JR., P.E. RE : STATEMENT IN OPPOSITION TO PETITION TO FORM VILLAGE OF MAYFAIR-KNOLLWOOD I am a resident of the Town of Greenburg'n, a registered voter, and a person qualified to vote for town offices in the Town of Greenburgh. I am the duly appointed Town Engineer of the Town of Greenburgh. I have been employed by the Town in this capacity for nt past, four years. Pr i' r tc that I Served =r. the Commissioner of Public Works for the Town of New Castle for three years; as the Building Inspector, Village Engineer and Highway Superintendent for the Village of Dobbs Ferry for three years; and as an Assistant Engineer for the City of New Rochelle for 17 years. I have a Bachelors Degree in Civil Engineering from Manhattan College, a Masters in Public Administration from Pace University and am a Licensed Professional Engineer licensed by the State of New York, License No. 56570, I hate a total of 27 years experience working for local governments which includes as part of the regular course of my duties the review of property descriptions to determine their sufficiency. 12/1 I h a v e c a r e f u l l y e x a m i n e d t h e p r o p e r t y d e s c r i p t i o n in the petition (Exhibit A). Based on my analysis I submit the following objections and urge you to reject the petition as invalid because the property description does not describe an area with "common certainty". At one time, land was recorded with descriptions of natural or artificial features of the terrain such as streams and stone walls. As years passed and land was developed, many of these features ceased to exist. Needless to say, numerous disputes resulted. It became more common to describe lengths and directions of boundaries by compass and measurements. When bearings and lengths are given to describe a tract of land, the description is by "metes and bounds". This system deles bac< '• colon; a! davs and is u. jo ir most of the *• as tern part of the United Staffs. The describer locates a corner of the property and follows the directions and the distances of the property lines until the perimeter is described back to the starting point. A metes and bounds description uses mathematic precision to locate each and every point on a perimeter of a many sided figure (polygon). Through this system every point may be computed to give an accurate finite distance north from the Equator (Latitude) and an accurate finite distance east from the Prime Meridian (Longitude) of a given point from a previous point in the description. The compass reading or direction of the property line is given in one of the four quadrants (N.E., S.E., -2- 125 N.W., or S.W.). The angles are never more than 90° and they are taker, from either the north meridian or the south meridian, whichever gives the lesser angle. Therefore by giving a bearing which can be translated to an angle for trigonometric calculation and a finite distance [not an approximate ( + ) distance] we give a unique location of the described property point. If the metes and bounds description was complete it would return to the point of beginning and create a unique one-of-a-kind polygon. This system could tie into any other system using the same datum. Surveyors in the Town of Greenburgh base their surveys on the United States Coast and Geodetic System (USC&GS) which has markers throughout Westchester County, it? vities, s, . d villager. It apperri: that this description has started its descriptive process m the same datum system currently in use in the Town of Greenburgh. All metes and bounds descriptions are supposed to begin at a known point on the filed map. This description does not begin by referring to a known point on a filed map. Therefore, the whole description cannot be tied in, with certainty, to the entire land records system of Westchester County. This d.-ficiency is further compounded by the f-ict that the cente. -line of Grasslands Read or. which the description begins has been altered by the New York State Department of Transportation which means that at this location the center-line might not be on the Town boundary -3- 126 line. It cannot be supposed which center-line of Grasslands Roac is referred to, the new one or the old one, from the description given. In general, the description then runs rather consistently as a metes and bounds description for the first eleven pages. At page 11, line 26, the property description then deviates from being a metes and bounds description because terms like "thence southerly" without a bearing and "approximately 25 feet" without a finite distance appear. At this point, the unique location in relation to latitude and longitude of the next point cannot continue with accuracy. For instance, at page 11, line 26, no bearing or c..: is _ ver. co that at this point the description cr the parcel cannot be continued with certainty. There is no way to determine in what direction the boundary line is intended to proceed, or for what distance. The polygon being described has lost its mathematical uniqueness and no longer continues as a valid metes and bounds description. If this were the only point of deficiency a forced closure could compute the bearing and distance giving a unique description. However, this inconsistency occurs 13 more times ir the following ~ pages thus creating 1* separa+e piece? of a description which are not linked together. On page 12, line 24, no distance or bearing is giver., creating a second point of discontinuity. -4- 127 On page 13, line 2, no bearing is given and the distance is only approximate. Therefore, it's impossible to determined in which direction the line goes and its length thus creating a third point of discontinuity. On page 13, line 6, no bearing is given and the distance is only approximate. In likewise manner, this creates a fourth point of total discontinuity. On page 13, line 10, no bearing is given and we do not know in which direction the property line proceeds creating a fifth point of discontinuity. On page 13, line 13, no bearing is give since one cannot go off at a right angle from a preceding line whose bearing line was not given. At this point, we have -‘■P’-. '"1 the- e r m r and have a sixth pom,. _f discontinuity. On page 13, line 16, we have no bearing and the description only says that it is parallel to another bearing. This is indeterminate and cannot be used for the continuity of a description. This creates a seventh point of discontinuity. On page 13, line 20, no bearing nor distance are given, creating an eighth point of total discontinuity. On pa’ge 14, lire 31, nc bearing a~d only an apr_cximate distance is given, creating a ninth poi.it of discontinuity. On page 15, line 12, the curve is defined with a central angle, but by computing, : t’s obvious that the curve -5- 128 is not tangent to the preceding property line nor the following property line. Therefore, two radials or a chord and bearing would have to be used for this description. Neither of these is supplied and there would be an infinite number of curves proposed without further definition. This creates a tenth point of discontinuity. On page 16, line 20, the description given is an extension of a straight line and has no bearing at all, with only an aproximate distance. This obviously creates an eleventh point of discontinuity. On page 17, line 15, the prolongation as it is stated has no bearing nor has a distance been given, creating a twelfth point of discontinuity. On pe.ee line IP, "general 1; parallel" meets re. des:r*ptive criteria whatsoever since you must gc from, a specific point to another specific point. This neither starts nor ends at either. Parallel is a descriptive term defining an infinite number of points all the same distance from a given line. The description makes that term, one o^ generality, creating a thirteenth point of discontinuity. On page 17, line 29, the same generality is used and meets no descriptive criteria for an unique polygon, crea*- ir.g a fourteenth pc: nt of discontinuity. The actual area of this fijure cannot be computed until there is an accurate (closed) figure to work from. In a separate instance the text quotes "the following 14 courses and distances" and proceeds to only 129 ' U ” -6- he supply 13, on page 18. Certainly the missing link could represent acres in area not to mention conflict with all t physical field locations of roads, rails, walls and rivers. This creates at least a fifteenth point of discontinuity. The last two pages of the description turn into a litany of towns, owners, and filed maps which cannot equate into a mathematical translation necessary to constitute a metes and bounds description. Though it might be possible to extrapolate a metes and bounds description from these filed maps, depending on their content, the preparer for some reason chose to lump these sides together merely by telling us where to look. However none of these maps were filed with the Town of Greenburgh nor did I have copies ray 2U0C maps in .vur files. In general the description has 15 voids alu-ng its course and a last series of unknown number of sides which was not even described rendering it unusable for a metes ar.d bounds description, or any kind of description with "common certainty”. As a description it bounces from one system to another and finally to mere references as to where the information can be found without any specifics. This last case makes this totally defective for any type of description. Eased on my 27 years of experience it is ir.y opinion that the property description does not in fact 130 describe an area of land with common certainty due to the omissions and inaccuracies as defined herein. Respectfully submitted, i , /] JIaJ L C C i t LARRt'1̂. NARDECCHIA,/ 21 McKinley Place ^ JR., P.E. Ardsley, New York 10502 (Town of Greenburgh) 13.1 132 EXHIBIT A Description of the territory proposed to be incorporated as the Village of Mayfair Knollwood with a description sufficient to identify and describing the location and extent of such territory with common certainty and which description includes a metes and bounds description of same form., ng the entire boundaries of the territory proposed to be incorporated as the Village of Mayfair Knollwood. & G • Si . U - K inning at the intersection of the easterly side of Kncliwcod r<.c; nd the southerly border of the town of Mount Pleasant located at c about the center of said Grasslands Rcad.Q> 10 *> ' Running thence South 67° along the said southerly Pleasant, being also the Greenburgh. 40' East a distance of 49.25 border of the Town of Mount northerly border of the Town :ee- Running thence feet along the Pleasant, being Greenburgh. Running thence feet along the Pleasant, being Gree- '■ irgh South 68° 27' 40" East a distance of 344.15 said southerly border of the Town of Mount also the northerly border of the Town of South 67° 23' 20" East a distance of 165.00 said southerly border of the Town of Mount also the northerly border of the Town of Running thence South 68° 55' 30" East a distance c: .49 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 71° 53’ 40" East a distance ot 98.00 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 74° 32' 00" East a distance of 373.82 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 61° 38' 20" East a distance of 78.57 feet along the said southerly border of the "c--*" of Mount Pleasant, being aiso the nertheilv border of the Tc«r. cr Greenburgh. Running thence South 56° 32' 30" East a distance of 232.29 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. H' ,. 134 - I* Running thence South 60° 25’ 10" East a distance oi 484. Cu feet airng the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 61° 45' 20" East a distance of 313.97 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 57° 39' 50" East a distance of 375.77 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 60° 14' 50" East a distance of 320.11 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 63° 35' 50" East a distance of 139.45 .eat along the said southerly ' order of the Town vf Mount Pleasant, being also the norths rly border of the Town cf Greenburgh. Running thence South 63° 58' 50" East a distance cf 286.63 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh. Running thence South 64° 20' 00" East a distance of 79.65 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh. Running thence South 66° 38' 20" East a distance of 74.66 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running .aence South 70° 34' 40" East a distance cf 21C. 6 9 feet along the said southerly border cf the Town cf Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 71° 19' 50" East a distance of 45.90 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh. - 2- 135 Running thence South 73° 56' 40" East a distance cf 196.32 feet along the said southerly border of the Ten- of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 79° 43' 50" East a distance cf 66.08 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 78° 52' 10" East a distance of 56.67 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 74° 04' 10" East a distance of 39.04 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 68° 27 ' 00" East a distance c f 3 8.86 feet, along the said s• ;' i . r-l’.- b o r d e r of the- Town of Mo_nt Pleasant, being Greenburgh also che no rtherly )>: ruer of the Town cf Running thence South 68° 37 ' 40" East a distance c f 2 61.65 feet along the said southerly border of the Town cf Mount Pleasant, being also the northerly border of the Town cf Greenburgh Running thence South 60° 23' 40" East a distance of 61.09 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 57° 13' 04" East a distance of 38.60 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh to a point at or about the center of Stevens Lane Running thence South 47° 49' 47" East a distance cf 40.99 feet along the said southerly border of the Town cf Mount Pleasant, being also the northerly border of the Town of Greenburgh -3- l ? p Running thence South 48° 40' 36" East a distance of 16.25 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 45° 31' 31" East a distance of 18.51 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 43° 30' 22" East a distance cf 17.36 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh Running thence South 38° 31' 27" East a distance of 23.76 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 3 n 0 13' 50" East a distance of 64.79 fe-'t aic..-, the said sw1 - -;erly border of the 7.;vr; C .’ . u- . Pleasant, being Greenburgh also the northerly horde r of 1 1.e ~ - A • -- ~ Running thence South 28° 00' 40" East a distance c f 2 4.63 v feet along the said southerly border of the Town cf Mount Pleasant,"being also the northerly border of the Town of Greenburgh Running thence South 25° 46' 40" East a distance of 5.C2 feet along the said southerly border of the Town of Mount Pleasant,"being also the northerly border of the Town of Greenburgh Running thence South 28° 52' 50" East a distance cf 10.60 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh Running thence South 19° 26' 40" East a oistar.ce oi 2 . r _ feet along the said southerly border if the Town of Mount Pleasant,"being also the northerly border of the Town cf Greenburgh Running thence fouth 15° 06' 50" East a distance of 24.35 feet along the :aid southerly border of the Town cf Mount Pleasant, being also the northerly border cf the Town cf Greenburgh 4- 137 Running thence South 14° 27' 50" East a distance of 36.03 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 14° 19' 20" East a distance of 69.0C feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 14° 19' 20" East a distance of 59.90 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 12° 35' 58" East a distance of 79.66 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 13° 58' 00" East a distance of 150.00 leer r - - ~g the said scutherly border of the T ■ G f '' C ‘. Plea sawt, be in Greenburgh g also the northerly berde r cf t'.-_ _ _.v „ . . . Running thence South 27° 31' 40" East a distance of 119.09 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 47° 32' 20" East a distance cf 82.49 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 14° 42' 50" East a distance of 83.19 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 5° 17’ 20" East a distan:e of 21.26 feet a’ong the said southerly bolder of the Town of Mc..ut Pleasant,"being also the northerly border of the Town of Greenburgh Running thence South 2° 18' 28" East a distance of 121.68 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly bore r of the Town of Greenburgh l 138 fttlWe A* v Running thence South 5° 07’ 15" East a distance of 73.85 feet along the said southe-ly border of the Town of Mount Pleasant/being also the northerly border of the Town of Greenburgh Running thence South 35° 29' 55" East a distance of i3.50 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 7° 49' 10" East a distance of 106.94 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 23° 31’ 20" East a distance of 35.05 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 42° 08' 10" East a distance of 72.11 teet along the said southerly horde, of the n .-.‘un,. Pleasant, being also the northerly border of -it- oiter.t argh Running thence South 41° 48’ 10" East a distance of 50.62 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 17° 13’ 00" West a distance of 121.29 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh to a point at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 28° 35’ 40" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) 131.18 (also Running thence South feet at or about the known as Route 100) 2 3 ° 20’ 40" West a distance of center line of Hillside Avenue p -p c (also Running thence South feet at or about the known as Route 100) 21° 37’ 00" West a distance of 54.39 center line of Hillside Avenue (also . . . v •* -6- 139 Running thence South 27° 30' 20" West a distance of approximately 510.00 feet at or about :~e center line of Hillside Avenue (also known as Route 100) Running thence South feet at or about the known as Route 100) Running thence South feet at or about the known as Route 100) Running thence South feet at or about the known as Route 100) Running thence South feet at or about the known as Route 100) 35° 02' 00" West a distance of 311.13 center line of Hillside Avenue (also 37° 44' 00" West a distance of 113.0 center line of Hillside Avenue (also 43° 19' 00" West a distance of 117.50 center line of Hillside Avenue (also 41° 22' 00" West a distance of 85.29 center line of Hillside Avenue (also Running thence South feet at or about the known as Route 100) Running thence South feet at or about the known as Route 100) Running thence South feet at or about the known as Route 100) Running thence South feet at or about the known as Route 100) Running thence South feet at or about the known as Route 100) Running thence South feet at or about the known as Route 100) Running thence South feet at or about the known as Route 100) 51° 11' 00" West a distance of 321.03 cente " in* r * Hillside A *?r.ue (also 50° 38' 35" West a distance cf 203.45 center line of Hillside Avenue (also 51° 39' 50" West a distance of 137.4- center line of Hillside Avenue (also 54° 58' 20" West a distance of 65.41 center line of Hillside Avenue (also 60° 16' 55" West a distance of 173.2: center line of Hillside Avenue (also 59J 51' 30" West a distance of 15.4 center line ~ * Hillside Avenue (ala- 66° 56' 50" West a distance of 585.14 center line of Hillside Avenue (also -7- 140 Running thence South feet at or about the known as Route 100) 62° 42' 50" West a distance of 328.: center line ĉ f Hillside Avenue (alsc Running thence\South 8 0° 42' 20" West a distance of 270.06 feet at or about the--centtd 1 Tine of Hillside Avenue known as Route 100) Running thence South 52° 25' 10" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 49° 23 ’ 10" West a distance of feet at or about the center line of Hillside Ave:cue known as Route 100) Running thence South 43° 10 ' 00" West a distance of feet at or about the center line of Hillside Ave:nue known as Route 100) Running thence South 36° 40 ’ 30" West a cist ance r f feet at or abet t t. h r cent - r i ine of Hillside *i. V 6 !r'cj known as Route ̂nr' .1 U v / Running thence South 25° 06' 30" West a dist ance of feet at or about the center line of Hillside A V £!nue known as Route 100) Running thence North 86° 33' 40" West a dist tin c 6 of feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 17° 53 ' 00" West a distance o f feet at or about the center line of Hillside Avenue known as Route 100) Running thence South 15° 34 ' 30" West a distance of feet at or about the center line of Hillside Ave nue known as Route 100) Running thence South 16 0 54 ' 1C" ’dest a dist ir.ee o £ feet at or about the renter line of Hillside Ave nue known as Route 100) Running thence South 88° 10' 20" West a dist ance c f feet to a point Runninc thence South 89° 00 ' 20" West a distance of sc : ee* tc a pcii -8- 145 M t n Running thence South 89° 35' 20" West a distance of 49.00 feet to a point Running thence North 80° 37' 40" West a distance of 28.1C feet to a point Running thence South 87° 41' 20" West a distance of 418.8 feet to a point Running thence South 88° 26' 10" West a distance of 269.3 feet to a point Running thence South 81° 34' 10" West a distance of 120.4 feet to a point Running thence South 86° 11’ 00" West a distance of 48.11 feet to a point Running thence South 84° 57' 30" West a distance of 58.41 feet to a point r u... ~ i nc then~~ South S 4 c 04' e r » West a distance < ■r ‘3.11 r e e_ u c d pOxllC Running thence North 86° 04’ 20" West a distance of 111.3 feet to a point Running thence South 8° 18' 00" East ii distance of 254.61 feet to a point Running thence South 9° 04' 00" East ia distance of 104.97 feet to a point Running thence South 17° 49' 00" East a distance of 110.1 feet to a point Running thence South 18° 06' 00" East a distance of 56.78 feet to a point Running thence South 16° 48' 00" East a distance of 191.1 feet to a point Running thence North 89° 44* 00" East a distance of 19.31 feet to a point Running thence North 88° 00' 00" East a distance of 192.: feet to a point f- 14? Running thence North 00 V0 o 00* 00" East a distance of 94.52 feet to a point Running thence North 88° 43' 00" East a distance of 216.34 feet to a point Running thence North 87° 28' 00" East a distance of 9 5.18 feet to a point Running thence North 86° 06' 00" East a distance of 100.31 feet to a point Running thence South 89° 20' 00" East a distance of 135.72feet to a point Running thence North 88° 30' 00" East a distance of 188.13 feet to a point at or■ about the center line of Hi T ’. a. J.side Avenue (also known as Route 100) Running thence South 1 5 c 11' 00" West a di stance c f 742.31 feet at or about the center line of Hi.1Iside Avenue (also '<T_own a;= Route 100) Running thence South 89° 3 2 1 0 0" West a distance c f 11 8 . ' 3 feet to a point Running thence North 87° 21' 00" West a distance of 5 7.22 feet to a point Running thence South 88° 30' 00" West a distance of 2CG . 02 feet to a point Running thence South 87° 25' 00" West a distance of 1 2 6.0 C feet to a point Running thence South 88° 40' 00" West a distance of 157.02 feet to a point — _ Running thence! North) 85° 45' 00" West a distance of 19.13 feet to a point''-— P”"ning thence South 87° 16' 00" West C- distance of 4 0 . 0 1 feet to a point Running thence! Norths^8° 09' 00" West a distance of 3 4.09 feet to a points Running thence South 8 6® 01' 00" West a distance of 10' .04 feet to a point -10- 1 4 ? Oh4o oic| Running thence South 87° 55 feet to a point Running thence North 5° 59' feet to a point Running thence South r - ooC D CO feet to a point Running thence South 11° 54 feet to Road a point at or about 00" West a distance of 22.G3 20" West a distance of 435.99 50" West a distance of 806.OS 00" East a distance of 45S.37 the center line of Old Tarrytcv, Running feet at thence North or about the 72° 43' center 00" line West a of Old distance of 14.60 Tarrytown Road Running feet at thence South or about the 89° 14' center 00" line West a of Old distance of 254.50 Tarrytown Road Running feet at thence North or about the 88° 45' center 00" line West a of Old distance of 40.50 Tarrytown Road Fuming feet a t thence South or about the 59° 34' center 00“ line W e s t a of Old 'I 3 1cw. Jc 0*1 . . v -w Tarrytowr Road Running feet at thence South or about the 81° 26' center 00" line West a of Old distance of 56.53 Tarrytown Road Running feet at thence South or about the 87° 22’ center 00" line West a of Old distance of 284.92 Tarrytown Road Running feet at thence South 74° 11' 00" or about the center line West a distance of 59.78 of Old Tarrytown Road Running thence North 88° 22' 00" West a distance of 89.15 feet at or about the center line of Old Tarrytown Road Running thence southerly a distance of(approximately 25 fee to the northeasterly corner of lands now or formerly of Mount Vernon Trap Rock Corporation being at the intersect*: of the wester1 y boundary of Manhattan Park as shown or. R.O Map #1015 on a course South 3° 56' 20" West a distance of 248.20 feet Running thence South 3° 25' 20" West a distance of approximately 316.4 feet to a point Running thence South 86° 20' 05" West a distance 'of 723.-9 feet to a point -11- U A Running thence North 62° feet to a point 12 49" West a distance of 257.59 0*Ao f U Running thence North 55° 30' 30" West a distance of 348.34 feet to a point at or about the center line of Knollwood Road Running thence North 28° 41' 30" East a distance of 142.82 feet at or about the center line of Kncliwood Road (also known as Route 100A) Running thence North 3° 4' 23" West a distance of 93.84 feer at or about the center line of Knollwocd Road (also known as Route 100A) Running thence North 39° 25' 10" East a distance of 233.07 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence North 28° 23' 30" East a distance of 7.9 feet at or about the center line of Knollwood Road (also known a.- Route 100A) Running thence North 35° 2C' 10" East a distance of approximately 198.44 feet at or about the center line of Knollwood Road (also known as Route 100A) i f V * f > \0 ' • .1 . {O' -i Running thence North 35° 18' 00" East a distance o: feet at or about the center line of Kncliwood Road (also known as Route 100A) 42.17 Running thence westerly across Knollwocd Road to a point where the Village of Elmsford border proceeds in a northwesterly direction from the westerly side of Knollwocu load _____ __.— — — — ------------ --------------- Running thence North 10° 25' 50" West a distance of approximately 4115 feet to a point said line being inter.de; to be immediately adjacent to the present border of the Village of Elmsford Punning thence North 80s 15' 30" West a distance of '00.02 feet said line being intended to be immediately adjacent t: the present border of the Village of Elmsford Running thence North 8° 31' 20" East a distance of 512.26 feet along the easterly border of the Sprain Brook Parkway to the southerly side of Payne Street -12- /p T M o B êaT'’1 Running thence easterly along the southerly side of Payne „Street"a distance of approximately 100 feet to the intersection formed by the southerly side of Payne Street - . and the westerly side of Montgomery Avenue *' Running thence northerly across Payne Street a c_S’_a.ice c. approximately 50 feet to the intersection formed by tue northerly side of Payne Street and the westerly side of Montgomery Avenue Running thence along the westerly side of Montgomery Aver,; a distance of 285 feet to a point on the westerly side of Montgomery Avenue ^ r ̂ -\L* a ^ Running thence easterly and at right angles to the wester- side of Montgomery Avenue a distance of 150 feet to a poir. distant 100 feet from the westerly side of Lawrence Avenue • Running thence northerly and parallel with the westerly si f Lawrence Avenue (distant 100 feet westerly from the , westerly side of Lawrence Avenue) a distance of 400 feet w * 4' v' r/v re- nr no thence ->terly across the Sprair. Brook c=.r, p c m u on the easterly side of Executive Boulevard distant 393.20 feet on a course South 34° 37' 00" West from, Mcr.ume No. 16 as shown on Map No. 15544 filed in the Westchester^ County Clerk's Office Division of Land Records on August c 1967 Running thence North 55° 2 3 ’ 00" West a distance of 3 C G .0C feet to a point Running thence North 4 3s 07 ’ 00" West a distance of 365.9C feet to a point Running thence South 83° 02’ 00" West a distance of 235 . ec feet to a point Running thence South 77° 27' 00" West a distance of 38.20 feet to a point Running thence South 83° 39 ' 00" West a distance of i 0 4.9, feet to a point Running thence North 10° 49 ' 00" West a distance of 473 . 5 feet to a point Running thence Sou-' h 64° 05' 30" West a distance of 41 .'3 6 feet to a point -13- 1 4 P Running feet to thence South a point 42° 23 ' 20" West a distance of 53.08 Running feet to thence South a point 12° 58 ' 20" West a distance of 72.54 Running feet to thence South a point 81° 57 ' 40" West a distance of 36.23 Running feet to thence South a point 69° 09 ' 30" West a distance of 54.13 Running feet to thence South a point 40° 26 ' 30" West a distance cf 75 . 29 Running feet to thence South a point 71° 11' 4 0" West a distance of 100.90 Running feet to thence South a point 57° 15 ' 2 0" West a distance o f 100.39 ;< :r.ni no i. td « \ C- thence South a point 79° 22 ' - r\ ?i- 0 West a cist- :t u.- 4 C , 8 Running feet to thence South a point 55° 41 1 3 0" West a distance of 7 7 . 6 E Running feet to thence South a point 55° 57' 50" West a distance of 91.22 Running feet to thence South a point 42° 00 ' 00" West a distance of 100.60 Running feet to thence South a point 59° 08 ’ 50" West a distance of 48.26 Running feet to thence South a point 79° 19 ' 00" West a distance of 18.60 Running feet to thence South a point 89° 03 ’ 10" West a distance of ’> 4.2 5 KU . * 4 Running thence northwesterly a distance cf 55 feet more or less to the westerly side of Saw Mill River Road (Route 9A) at a point formed by the westerly side of Sau Mill River Road (Route 9A) and the southerly side of Fairview Park Drive where same intersect at the southerly end of a curve to the south having a radius of 30 feet -14- 147 on Running thence along the westerly side of Saw Mill River Road (Route 9A) a distance of 149.83 feet to a point Running thence along the westerly side of Saw Mill River Road (Route 9A) South 17° 50' 16" East a distance of 36.86 feet to a point Running thence along the westerly side of Saw Mill River Road (Route 9A) South 18° 37' 50" East a distance of 832.0 feet to a point Running thence along the westerly side of Saw Mill River Road (Route 9A) South 13° 28' 30" East a distance of 272.4 feet to a point Running thence along a curve to the right with a radius of 731.0 feet, a central angle of 4° 21' 09" a distance of 55.53 feet to a point Running thence South 81° 00' 20" West a distance of 768.04 feet to a point Pi n. m g tnence South 5° 29' 10" West - k. if •• 7.84 feet to a point Running thence North 56° 31' 40" West a distance of 576.11 feet to a point on the easterly line of lands of the New York and Northern Railroad Company now, or formerly, New York Central Railroad Company (Putnum Division) (hereinaft "N.Y.C.RR.P.D.") Running thence along the easterly line of said N.Y.C.RR.P.D. North 5° 50' 50" East a distance of 124.67 feet to a point Running thence along the easterly line of said N.Y.C.RR.P. on a curve to the left tangent to the previous course and having a radius of 1194.06 feet a distance of 697.31 feet a point Running thence northerly along the easterly line of said N.Y.C.RR.P.D. on a curve to the left having a radius of 1177.56 feet, a central angle of 25° 01' 00” a distance cf 514.15 feet to a point / Running thence North 52° 46' 20" West a distance of 722. CO feet to a point -15- 148 6.Running thence northerly on a curve to the right having radius of 1399.39 feet, a central angle of 10° 39' 25"~a distance of 260.28 feet to a point Running thence North feet to a point Running thence North feet to a point 73° 09 1 OO East 73° 39 ’ oo East a distance of 16.44 a distance of 1.82 Running thence northerly on a curve to the right having a radius of 1382.89 feet, a central angle of 17° 39' 58" a distance of 426.39 feet Running thence North 24° 46' 20" West a distance of 250.00 feet to a point Running thence northerly on a curve to the left having a radius of 1004.41 feet, a central angle of 22c 33' 15" a distance of 395.38 feet to a point Running thence North 47° 19' 3r" West a distance of 2 0 . _C feet to a point Running thence North 57° 46' 20" West a distance of 504.2 feet to a point Running thence continuing along the northerly and easterly lines of "N.Y.C.RR.P.D." as it winds along the southerly line of lands now or formerly of the County of Westchester to a point located at the southeasterly corner of lands shown on a certain map entitled "Westchester Lighting Co. County of Westchester," said map filed in the Office of th Clerk of Westchester County, Division of Land Records, on 1-5-1943 as Map No. 5673; being approximately a distance c 197 feet Running thence still along said northerly and easterly lin of said "N.Y.C.RR.P.D.," North 75° 32' 55" West 783.94 fee to a point Running thence in a northwesterly direction, along a cur-, e to the right having a radius of 621.78 feet, an interior angle of 62° 24' 40", a distance of 677.29 feet to a point Running thence still along said "N.Y.C.RR.P.D.," North 13c 08’ 15" West 933.97 feet to a point , ; r . U' • * <x2 ? ft ® t t ' -16- 14P Running thence still along said railroad, on a curve to the right in a generally northeasterly direction, said curve having an interior angle of 69° 57' 15", a radius of 754.32 feet and a distance of 920.97 feet to a point Running thence still along said railroad North 563 49' East 351.24 feet to a point Running thence still along said railraod, in a generally northerly direction, on a curve to the left, having a racit of 811.78 feet, an interior angle of 21° 35' 46", a distanc of 305.98 feet to a point • Running thence still along said railroad, North 35° 13' 14' .Xh‘ East 752.69 feet to a point on the southwesterly line of Cl Saw Mill River Road, as the same is shown on the aforesaid . filed Map No. 5673 i I Running thence continuing on a prolongation of said line tc V ̂ 'y . ' a point in said Old Saw Mill River Road at the division li: between the Town of Greenbrugh on the South and the Town c: Mount Pleasant on the N- ■ h y ( Running thence along said division line on a line gererall ^ ' . "^parallel with the following 2 courses and distances South 48° 26' 56" East 377.83 feet to a point South 48° 56' 36" East 30.22 feet to a point, said point being a prolongation of the division line between lands N /: of James Butler and/or Emipire City Racing Association, an< lands N/F Westchester Lighting Co. as shown on the aforesa Map No. 5673 Thence continuing along said division line between the Tow x of Mount Pleasant on th North and the Town of Greenburgh c . the South on a line gnerally ̂ parallel to the following 6 ’ '1, courses and distances On f curve to the left, in a generally Easterly direction, having a radius of 1946.86 feet, a cent, a"l angl<= of 1 c 48' 38", a distance of 61,52 feet tc a point Thence continuing along said division in the same manner, South 34° 4 5 ' 00" West 45. 54 feet to a point South 55° 1 5' 00" East 102 .00 feet to a point North 34° ‘ 5' 00" East 41 .97 feet to a point -17- 150 Thence continuing in an easterly direction, along a curve t the left, having a radius of 1946.86 feet, a central angle of 2° 23' 15", a distance of 81.125 feet to a point Thence continuing along said Town division line, in the sar manner, the following 14 courses and distances South 57° 37 ’ 16" East 373.84 feet ■ South 57° 53 ’ 10" East 43.33 feet ~ South 63° 20 ’ 30" East 64.27 feet South 68° 16’ 40" East 63.98 feet - South 71° 57 ’ 20" East 48.14 feet r South 75° 31. 00" East 167.65 feet .■ South 75° 03 ' 30" East 417.19 feet S<" uth -? *» 0 / 1 58 1 0 L “■ East 4 6,04 feet South 70° 36 ’ 0 0 ■ East 53.02 fee- South 67° 40 ’ 50" East 36.36 feet t South 66° 14’ 50" East 71.78 feet South 63 c 42' 50" East 155.58 feet > South 6 3 0 47 ' 50" East 376.04 feet * Running thence along a curve to the : 4 southeasterly direction, having a radius of 954.67 feet, a central angle of 53° 14’ 00", a distance of 830.73 feet me or less, to a point on the aforesaid Town division line, a the intersection of Old Saw Mill River Road and Grasslands Road (a/k/a Lower Cross Road) Running thence from said point, continuing along the - division line between said Towns, in a generally easterly / direction, all as showm on filed Map No. 1879, sheet 67, t a point being the prolongation of the Westerly line of la:, shown on said map as "Property To b e Acquired By The City New York" I' -i', - (■■.In o It e *- - r /- S s -18- * -lI C***' l,r .151 A .~f < 't-C Running thence from said point, continuing along said division line between the Town of Mount Pleasant on the North, and the Town of Greenburgh on the South, in a generally Easterly direction, all as shown on filed Map No. 1863, sheet 52, to a point and the Easterly boundary c lands shown on Map No. 1879, sheet 67, as "Property To Be Acquired By The City of New York", said easterly line more particularly shown on filed Map No. 1863 Continuing along said division line, in a generally southeasterly direction, and generally parallel to the northerly taking lines shown on filed Maps Nos. 19736, 19319, 12821 and 19920, 19993, 19317 and 19484, respectively, to a point where said division line inte the easterly side of Knowllwood Road, at the point or of BEGINNING. - 19- 15? tl M U N I T E D S T A T E S D I S T R I C T COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------X In the Matter of the Application of MYLES GREENBERG and FRANCES M. MULLIGAN, proponents of a petition to incorporate the Village of Mayfair Knollwood, Petitioners, 89 Civ. 0591 (GLG) For a Judgment pursuant to CPLR Article 78, AMENDED VERIFIED PETITION -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.------------------------------------------x KYLES GREENBERG and FRANCES K. MULLIGAN, by their attorneys LOVETT & GOULD, Esqs., respectfully allege as and for their petition herein: JURISDICTION 1. This is a proceeding pursuant to Article 78 of the New York State Civil Practice Law and Rules, Section 2-210 of the New York State Village Law, and 42 U.S.C. §1983, 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 upon insufficient evidence, and/or is contrary to the weight of the evidence. Declaratory relief is authorized pursuant to 28 U.S.C. 1 § § 2 2 0 1 and 2202. N o compensatory or punitive damages are sought herein in light of Giano v. Flood, 803 F.2d 769 (2d Cir. 1986) and Davidson v. Capuano, 792 F.2d 275 (2d Cir. 1986). THE PARTIES 2. Petitioners 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 were made parties to this proceeding. 2 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, New York. 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; in so stating Respondent Veteran, while acting under color and pretense of law, was motivated by selfish political objectives, a calculated design to impede Petitioners' exercise of their right to vote, of free speech and free association, and a deliberate objective of chilling the future exercise of such rights by Petitioners and others similarly situated. 3 10. Upon information and belief 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 the conclusion of said public hearing Respondent Veteran announced that he was adjourning the hearing until November 21, 1988, solely for the purpose of his receiving written comments regarding the incorporation petition. 12. 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 completeness of 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 §2-202(1)(c)(2); the only unsworn purported objection with respect to said list was conclusorily made on the ground that the list was over-inclusive since two unidentified persons whose names allegedly appeared on the list had supposedly died and two other unidentified persons whose names allegedly appeared on the list had supposedly moved. 13. 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 petition by false pretenses; the only 4 unsworn purported objection pertaining to supposed representations made to signatories to the petition was the conclusory claim that a total of five persons were induced to sign the petition for incorporation on the basis of a truthful representation that the petition was intended to cause the conduct of a referendum. 14. 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 and/or its proponents would exclude and/or try to exclude and/or intended to exclude from the village's boundaries housing for the homeless. 15. Upon information and belief after the close of the public portion of said hearing an unsworn and conclusory o bjection was made, without benefit of any supporting documentation, on five purported grounds with respect to the authenticity of one hundred and twenty-five signatures on the petition to incorporate: a. Ground #1 was predicated upon a claim that eleven signatories to the petition to incorporate supposedly were not registered to vote. b. Ground #2 was predicated upon a claim that fifty-one signatures supposedly did not match those on record with the Westchester County Board of Elections. 5 c. Ground #3 was predicated upon a claim that forty-four signatures supposedly were invalid since those signatories had failed to sign their signature on the front side of their voter registration card on file with the said Board of Elections. d. Ground #4 was predicated upon a claim that three signatures were supposedly illegible. e. Ground #5 was predicated upon a claim that sixteen signatures were illegal because no voter registration card supposedly could be located at said Board of Elections for any of those signatories. 16. Upon information and belief, even if the one hundred twenty-five signatures challenged in the objection referred to in paragraph "15" surra were illegal, there remain unchallenged more than enough lawful signatures to constitute a valid petition for incorporation since there were nine hundred twenty-eight residents in the territory of the proposed village who were qualified to vote for Town officers and, in accordance with Village Law §2-202(1)(a)(1), only one hundred eighty-six valid signatures were thus required. 17. Upon information and belief the objection referred to in paragraph "15" supra was frivolous since: 6 a. Five of the eleven signatories identified in Ground #1 [paragraph 15(a), supra 1 are registered to vote according to certified records of the said Board of Elections. b. Of the fifty-one signatories identified in Ground #2 [paragraph 15(b), supra]: i. Forty-two signatures are identical to the signatures contained on those persons' voter registration cards as certified by the Board of Elections, with the irrelevant inclusion or exclusion on the petition to incorporate of inter alia a middle initial and/or reference to "Jr." ii. Eight signatures are identical to the signatures contained on those persons' voter registration cards as certified by the said Board of Elections, and iii. Only one signatory was apparently not registered to vote. c. With respect to the forty-four signatures identified in Ground #3 [paragraph 15(c), supra]: i. The voter registration cards of forty-three of the subject signatories, as certified by the Board of Elections, all bear the voters' signatures on the reverse side of the card in the space designated [N.Y. Election Law 5-500(5)] for entry of that signature at the time the voter was registered to vote. 7 ii. The voter registration card of the remaining signatory, as certified by the said Board of Elections, is clearly endorsed as a duplicate since the original card had apparently been misplaced. d. Of the three signatures identified in Ground #4 [paragraph 15(d), supra], each one matches that voter's signature as it appears on the certified records of the said Board of Elections. e. Of the sixteen signatures identified in Ground #5 [paragraph 15(e), supra], all but two are the signatures of duly registered voters whose signatures appear on their respective voter registration cards as certified by the said Board of Elections. 18. Upon information and belief after the close of the public portion of said hearing an unsworn objection was made by the Town Engineer of the Town of Greenburgh challenging, as lacking in common certainty, the boundary of the proposed village as set forth in the petition to incorporate; said objection was predicated upon the false pretense that such a description as a matter of law must exclusively be written in terms of metes and bounds. 8 19. Upon information and belief, the objection referred to in paragraph "18” supra was prepared by the said Town Engineer in his capacity as such, at the direction of Respondent Veteran, at the expense and upon equipment provided by the Town of Greenburgh and during time for which said Engineer was compensated by said Town. 20. Upon information and belief, the purported factual predicates for the objection referred to in paragraph "18" supra are without merit as testimony to be adduced before this Court in accordance with Village Law 2-210(1) will reveal since inter alia : a. The boundary description contained in a petition to incorporate under the Village Law need not be drafted in terms of metes and bounds. b. The description contained in the subject petition to incorporate defines a contiguous boundary with common certainty. 21. Upon information and belief, after the close of the public portion of said hearing an objection was made to the proposed village's boundary line on the ground that it was supposedly drawn to exclude areas of minority population. 22. Upon information and belief, the objection referred to in paragraph "21" supra was prepared by the Director of Community 9 (! Development for the Town of Greenburgh in her capacity as such, upon the direction of Respondent Veteran, and during times for which she was compensated by the Town; said objection was prepared inter alia upon the basis of a map of the boundary of the proposed village which map was prepared from the boundary description contained in the incorporation petition by officials and/or employees of the Town of Greenburgh on Town equipment, during Town business hours, and at Town expense. 23. Upon information and belief the purported factual predicates for the objection referred to in paragraph "21" are false as will be shown by the evidence to be adduced before the Court pursuant to Village Law §2-210(1) since inter alia: a. No areas were excluded from the boundary because of race. b. The boundary was substantially drawn on the basis of pre-existing municipal corporate boundaries, streets, a railroad right-of-way and, inter alia, other proper geographic considerations. c. No disparate impact upon minorities was intended; no such impact will result. 24. Upon information and belief by decision dated December 1, 1988, Respondent Veteran determined that the petition to 10 incorporate was legally insufficient on the following six grounds, with respect to none of which had any notice previously been given to Petitioners: 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 within the boundaries of the proposed village. 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. 11 25. 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 the objection of the said Town Engineer, which is referred to supra in paragraph "18". 26. 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 the objection of the said Director of Community Development which objection is referred to supra in paragraph "21”. 27. Respondent Veteran's determination that incorporation of the new village was intended to prevent the construction of housing for homeless families was, upon information and belief, made without benefit of any factual support in the record and in calculated disregard of facts, personally communicated to him by leading proponents of incorporation, that no such exclusionary purpose was intended to be realized as a result of incorporation. 28. Respondent Veteran's determination that a substantial number of signatures on the petition were obtained under false pretenses was, upon information and belief, entirely fabricated since no objections, testimony, proof, affidavits, or evidence of any kind was ever submitted at the hearing with respect to this issue. 12 29. Respondent Veteran's determination that a substantial number of signatures on the petition were irregular and/or did not match the signatures of the purported signatories on file with the Board of Elections was, upon information and belief, entirely predicated upon the objection referred to supra at paragraph ”15’’. 30. Respondent Veteran's determination that the list of regular inhabitants contained in the petition was incomplete was, upon information and belief, entirely fabricated; in fact said list was complete and accurate. AS AND FOR A FIRST CLAIK 31. Repeat and reallege as if fully set forth paragraphs " 12 " and "24(f)". 32. Since no objection was filed pursuant to Village Law §2-206(1) pertaining to the supposed omission of names from the list of regular inhabitants, Respondent Veteran's decision that numerous residents' names had been omitted from that list was illegal. AS AND FOR A SECOND CLAIM 33. Repeat and reallege as if fully set forth paragraphs "12" and "24(f)". 13 34. The burden of proof with respect to any objection to the legal sufficiency of an incorporation petition is, by reason of Village Law §2-206(3), imposed upon the objector(s). 35. Since no evidence was adduced with respect to the supposed omission of names from the list of regular inhabitants, Respondent Veteran's decision that numerous residents' names had been omitted from that list was based upon insufficient evidence AS AND FOR A THIRD CLAIM 35. Repeat and reallege as if fully set forth paragraphs "24(f)" and "30". 37. Since Respondent Veteran's decision that numerous residents' names had been omitted from the list of regular inhabitants was fabricated, and since that list was in fact complete and accurate, testimony and/or evidence should be taken by the Court pursuant to Village Law §2-210(1) in order to issue a declaration determining said list to be legally sufficient. AS AND FOR A FOURTH CLAIM 38. Repeat and reallege as if fully set forth paragraphs ”13" and "24(d)”. 14 39. Since no objection was filed pursuant to Village Law §2-206(1) pertaining to the supposed securing of signatures on the incorporation petition under false pretenses, Respondent Veteran's decision that a substantial number of signatures were obtained under false pretenses was illegal. AS AND FOR A FIFTH CLAIM 40. Repeat and reallege as if fully set forth paragraphs "13", "24(d)", and "34 " . 41. Since no evidence was adduced with respect to the supposed securing of signatures on the incorporation petition under false pretenses, Respondent Veteran's decision that a substantial number of signatures were obtained under false pretenses was based upon insufficient evidence. AS AND FOR A SIXTH CLAIM 42. Repeat and reallege as if fully set forth paragraphs "24(d)" and "28". 43. Since Respondent Veteran's decision that signatures on the incorporation petition were obtained under false pretenses was fabricated, and since in fact no signatures were obtained under such pretenses, testimony and/or evidence should be taken 15 by the Court pursuant to Village Law §2-210(1) in order to declare that the signatures on the petition to incorporate were lawfully obtained. AS AND FOR A SEVENTH CLAIM 44. Repeat and reallege as if fully set forth paragraphs "14" and "24(c)". 45. Since no objection was filed pursuant to Village Law §2-206(1) pertaining to the supposed objective of the proponents of incorporation to prevent the construction of housing for the homeless, Respondent Veteran's decision that the sole purpose of those proponents was to bar such construction was illegal. AS AND FOR AN EIGHTH CLAIM 45. Repeat and reallege as if fully set forth paragraphs "14", "24(c)", and 34. 46. Since no evidence was adduced with respect to the intentions of the proponents of incorporation, Respondent Veteran's decision that their sole purpose in incorporating was to bar such construction was based on insufficient evidence. 16 AS AND FOR A NINTH CLAIM 47. Repeat and reallege as if fully set forth paragraphs "14 ", "24(c)” and "27". 48. Since Respondent Veteran's decision regarding the sole purpose of incorporation was fabricated, and since Respondent Veteran knew on the basis of facts communicated to him by leading proponents of incorporation that the barring of construction of housing for the homeless was neither a motive nor objective in incorporating, testimony and/or evidence should be taken by the Court pursuant to Village Law 2-210(1) in order to declare that the purpose of the proponents of incorporation was lawful. AS AND FOR A TENTH CLAIM 49. Repeat and reallege as if fully set forth paragraphs " 15 " and "16". 50. Since the number of signatures required for the incorporation petition was legally sufficient, even if all of the challenged signatures were stricken, Respondent Veteran's decision that the incorporation petition was defective on the basis of the challenged signatures was illegal. 17 AS AND FOR AN ELEVENTH CLAIM 51. Repeat and reallege as if fully set forth paragraph "15". 52. Since no evidence was adduced at the hearing with respect to the conclusory objection pertaining to supposed irregularities in one hundred and twenty-five signatures on the incorporation petition, Respondent Veteran's decision that the incorporation petition was defective due to such irregularities was based on insufficient evidence. AS AND FOR A TWELFTH CLAIM 53. Repeat and reallege as if fully set forth paragraphs "15”, "17" "24(e)" and "29". 54. Since Respondent Veteran's decision that there were significant numbers of irregularities in the signatures on the incorporation petition was false, and since the certified records of the Board of Election reveal that there were virtually no such irregularities, testimony and/or evidence should be taken by the Court pursuant to Village Law §2-210(1) in order to declare that all but nine of the more than five hundred signatures on the incorporation petition were proper. 18 AS AND FOR A THIRTEENTH CLAIM 55. Repeat and reallege as if fully set forth paragraphs "18", "19", "24(a)" and "25". 55. Upon information and belief, the New York State Legislature has, by reason of the statutory scheme embodied in Article 2 of the Village Law, strictly limited the authority of Towns and/or their officials with respect to the incorporation of villages. 57. Upon information and belief, by reason of the said Article 2, the authority of Towns and/or their officials with respect to the incorporation of villages is limited to the performance of ministerial functions solely by the supervisor(s) and clerk(s). 58. Under the premises the Town Engineer was not a competent objector for purposes of Village Law §2-206, his purported objection to the incorporation petition was ultra vires, and the expenditure of towTn monies and supplies in the preparation of that purported objection was unlawful. 59. Since no lawful objection was filed pursuant to Village Law §2-206(1) pertaining to the legal sufficiency of the description of the boundary of the proposed village, Respondent Veteran's decision that that description was lacking in common certainty was illegal. 19 AS AND FOR A FOURTEENTH CLAIM 60. Repeat and reallege as if fully set forth paragraphs "18", "20", "24(a) " and "25". 61. Since the Town Engineer's purported analysis of the boundary description for the proposed village was legally and factually flawed, and since that boundary was in fact described with common certainty as required by Village LawT §2-202 ( 1 ) ( c ) ( 1) testimony and/or evidence should be taken by the Court pursuant to Village Law §2-210(1) in order to declare that the boundary o the proposed village was described in the incorporation petition with common certainty. AS AND FOR A FIFTEENTH CLAIM 62. Repeat and reallege as if fully set forth paragraphs ”18 and "22". 63. Since the boundary description of the proposed village a contained in the incorporation petition was sufficiently certain so as to permit Town Officials to prepare a map depicting that boundary, that boundary necessarily was described in the incorporation petition with "common certainty." AS AND FOR A SIXTEENTH CLAIM 64. Repeat and reallege as if fully set forth paragraphs "21", "22", "56" and "57". 65. Under the premises the Director of Community Development was not a competent objector for purposes of Village Law §2-206, her purported objection to the boundary of the proposed village as supposedly having been gerrymandered to exclude minorities was ultra vires, and the expenditure of town monies and supplies in the preparation of that purported objection was illegal. 66. Since no lawful objection was filed pursuant to Village Law §2-206(1) pertaining to supposed gerrymandering of the boundary of the proposed village, Respondent Veteran's decision that that boundary was gerrymandered to exclude minorities was illegal . AS AND FOR A SEVENTEENTH CLAIM 67. Repeat and reallege as if fully set forth paragraphs "21", "23", "24(b), and "26". 68. Since Respondent Veteran's decision that the boundary of the proposed village had been gerrymandered to exclude minorities was false, and since in fact that boundary had not been gerrymandered and had been drawn on the basis of proper and 21 lawful objectives, testimony and/or evidence should be taken by the Court pursuant to Village Law §2-210(1) in order to declare that the boundary of the proposed village was drawn for proper and lawful purposes. AS AND FOR A EIGHTEENTH CLAIM 69. Repeat and reallege as if fully set forth paragraphs "S', and "31" through "68”. 70. Upon information and belief the six grounds asserted by Respondent Veteran on the basis of which he rejected the incorporation petition were pretextual and intended to obfuscate his true motive and objective, to wit, retaliation for, and/or interference with, and/or the chilling of Petitioners' exercise of their rights as guaranteed by the First Amendment to the United States Constitution. 71. Under the premises Respondent Veteran's December 1, 1988, decision was illegal and violative of Petitioners' rights as guaranteed by the First Amendment and 42 U.S.C. §1983. WHEREFORE judgment is respectfully demanded: a. On the first, second and third claims reversing Respondent Veteran's decision to the extent that he held that the incorporation petition was defective by reason of the omission of names and addresses from the list of regular inhabitants, and declaring that said list was legally sufficient, 22 b. On the fourth, fifth and sixth claims reversing Respondent Veteran's decision to the extent that he held that the incorporation petition was defective by reason of the securing of signatures under false pretenses, and declaring that the signatures to said petition were lawfully obtained, c. On the seventh, eighth, and ninth claims reversing Respondent Veteran's decision to the extent that he held that the incorporation petition was improper because the proponents of incorporation had as their objective the barring of construction of housing for the homeless, and declaring that the purpose(s) of the proponents of the incorporation petition were lawful, d. On the tenth, eleventh, and twelfth claims reversing Respondent Veteran's decision to the extent that he held that the incorporation petition was defective by reason of irregularities in signatures thereon, and declaring that all but nine of the signatures on said petition were proper, e. On the thirteenth, fourteenth and fifteenth claims reversing Respondent Veteran's decision to the extent that he held that the incorporation petition was defective because the boundary of the proposed village was not described with common certainty, and declaring that said boundary was described with common certainty, 23 f. On the sixteenth and seventeenth claims reversing Respondent Veteran's decision to the extent that he held that the incorporation petition was defective because the proposed village's boundary had been gerrymandered to exclude minorities, and declaring that the boundary of the proposed village was drawn for proper and lawful purposes. g. On the eighteenth claim reversing the December 1, 1988, decision of Respondent Veteran, declaring that the grounds asserted in said decision by Respondent Veteran for rejecting the incorporation petition were pretextual, and declaring that by rendering the said decision Respondent Veteran violated Petitioners' rights as guaranteed by the First Amendment to the United States Constitution, h. On all causes of action ordering the conduct of an election, as provided in Village Law §2-212, to determine the question of incorporation as presented by the petition to incorporate the Village of Mayfair Knollwood. i. Awarding costs, reasonable attorney’s fees pursuant to 42 U.S.C. §1988, and such other and further relief as to the Court seems just and proper. Dated: December 18, 1989 LOV By: Attorneys for Petitioners 180/E. Post Road White Plains, N.Y. 10601 914-428-8401 Jonathan Lovett 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: I am one of the Petitioners herein, I have read the annexed Amended 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 ■/& th day of December, 1989. Notary public ,i s/% ;>/- vih 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 am one of the Petitioners herein, I have read the annexed Amended 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. FRANCES MULLIGAN Sworn to before me this </ th day of December, 1989 (\lclirv Publil EUGENE L. M O RR ISO N itv Public, Ste’.e^ot New Yors Commlvii-j'' 2/ilalefo Index No. Year 19LlV* 'Jodi ) w • - -L-C- ~ C t i . _ ai. _ _1 .> . ' ‘ . r rA\;CL~ . . . .i;—J ] ; ; , cr-jorcLitc o ’ a p e c ia ia .: ca t .K . V i H a r j o o .■ tij’T cU Jr . . c __ i . > \ . ( ’ .—i ci-acr. I'.:a a Jjix.tc; :ra D i t - i o i a . * n o l .Y-.-ax.uJo.rCi. \/__r :■ LOVETT & GOULD Attorneys for P i oici.cn aa • 180 EAST POST ROAD WHITE PLAINS. NEW YORK 10601 (914) 428-8401 Tv: Attomey(s) for Service of a copy of the within js hereby admitted. Dated: Attorney (s) for PLEASE TAKE NOTICE □ j NOTICE Of • entry that the within is a (certified/ true copy of a entered in the office of the clerk of the within named Court on 19 6< 5u □ NOTICE Of settlement that an Order of which the within at on is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court. 19 , at M. Dated: Attorneys for LOVETT & GOULD To: 180 EAST POST ROAD WHITE PLAINS. NEV. YORK 10601 SUPREME COURT OF THE STATE OK NEW YORK county of rqckland - - - - - ........ .............................. X% In eh* Matter of Che Application of eh* INCORPORATION OF THE VILLAGE OF VIOLA HILLS, and SELWYN LEKPE5T, Petitioners, For Judgment Pursuant to Article 7S of Index No. che Civil Practice Law and Rules, 6936/35 - against - Motion Tate12/ 6/86 CEORGE J. CONXLIt . Supervisor of the Town of Ramapo. ISSAC FEIG, JOSEPH A. Motion Cal. LURIA. ABRAHAM MOSKOVITZ, JOSEPH A. No. 109 ALTMAN. NATHAN I. DERSHOVITZ,DAVID KATZ. SAMUEL DAVID TAUB, ISAK MEYER POLLAK, MORDECAI FEIT, MIRIAM PINKAS, MOSHE PL'IJCAS. MECHEL DEUTSCH, ABRAHAM GOTTLIEB, LIPOT I. MULLER. CHESKEL GOTTLIEB, SAMUEL BRAUNSTEIN, ANSHEL BABAD. LAZAR ROSENBERG, SIMON SPIRA, EZECKIEL ROSENBERG, ISRAEL SAFRAN, OOV STEINER, EZRA MAJEROWITZ. PIHCUS MOSCOWITZ, ARON HAGER, ISSAC LURIA, MARTIN KLEIN. SOLOMON NEIMAIC. DAVID RUBINSTEIN. ALLIE PINKASOWITZ, SAM ROSE, BENJAMLN STEINMIETZ. BERL GOLD. NAFTULA SPIRA, EISIK GRUNBERGER, LEVI ROSENBERCER, and YECKEL STEINMETZ, Respondents. ■ - - .............- - - X MARTIN. J. This is an Article 78 Proceeding to review a determination cade by the Supervisor of che Town of Remap© dated October 4. 193 wherein he doteraired that a petition for the proponed incirpora- ti.m of the Village of Viol* Hi. I In was defective end legally insufficient. Upon a review of the pleadings, the return and other documents mbaitted to the court, it appears that che description of the territory did not comply with the requirements of Village Dr; jd-202 c (l) which states that the description be "sufficient to IJontify the location and extent of such territory with ccanon Certainty” and that it be "in on* of che following 10 VIOLA KILLS -v- COMKLXK Index #6986/83 patfi 2 forme or a combination thereof) (a) a m c i i and bounds descrip tion) (b) a description made wieh refarese« to axisting aerates and navigable swears or a coablnaeloo of tame; or (c) a map abowlag existing aerates and aavlgabla swears or a eoablaatioft of same forming boundaries or naees and bounds or eha aneira boundaries of ana or mere districts of an aneira town*'. In this case eha petitioners attempted to describe eha territory with reference eo existing aerates, but as correctly noted In eha decision under review, the description was defective in two respects, eo wiet ae no poise does louts 306 intersect with Cedar Lane and ae no point does Calvert Drive intersect with Vest Maple Avenue. This being eha case, it cannot ba said ehat eha statutory requirement that eha location and axtene of tha tarritory ba sac forth with "common certainty” has been mac. In addition, it appears ehat eha inhabi tants residing at fifteen different addresses within eht territory were not listeJ in eha petition. Village Low 12-202 c (2) requires that eha petition include "A Use of eha names and address of eha regular inhabitants of such territory". Tha failure toilet eha inhabitants residing ae fifteen different residences cannot ba ctaaeed as insignificant or da minimus. Upon a review of eha entire record eha court detorminos ehat Cha decision dared October 4, 1985 made by eha Supervisor of eha Town of Kaaapo In this matter is supported by tha evidence and is not arbitrary aad capricious or unlawful. Accordingly eha pro ceeding it diituic Subeit orikir **n notice. Dated: White M ain,., Hvw York December 31. 1933 J.S.C i € VIOLA HILLS -V- CONKLIN ■* i Index #6986/85 TO; 4 e RRY RICE. ESQ. Attorney for Petitioners 104 Lafayette Ave. Suffern. N. Y. 10901 DERSHOWITZ & EIGER, P.C. NATHAN Z. DERSHOWITZ, ESQ. Attorney pro se and for Respondents Altman, Braunstein, Oberlander, Pinkasovics and Taub page M l # * ♦ 89 Civ. 0591 (GLG) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - In the Matter of the Application of MYLES GREENBERG and FRANCES M. MULLIGAN, Petitioners, -against- ANTHONY F. VETERAN, et al., Respondents. NOTICE OF MOTION Paul Agresta, Esq. Town of Greenburgh P.O. Box 205 Elrasford, New York 10523 (914) 993-1546 Attorney for Respondents Anthony F. Veteran and Susan Tolchin