Greenberg v. Veteran Notice of Motion

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Also includes Affidavit of Paul Agresta and attached exhibits.

Impact area
- Economic Justice
Topic
- Economic Justice
Matter
- Greenberg v. Veteran
Case
- Greenberg v. Veteran
U.S. state
- New York
Collection
- Brief Collection
Taxonomy
Identifier
- 316e0189-b49a-ee11-be36-6045bdeb8873

Cite this item

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

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

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

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

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. :

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

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

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

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

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

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

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. :

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

-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. |

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 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 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)

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)

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

: 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 . *

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

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

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 :

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

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.

§ § 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.

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.

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

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.

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:

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.

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.

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

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

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.

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.

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)".

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)”.

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

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.

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.

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.

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.

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

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,

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,

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
)

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t .K . V i H a r j o o .■ tij’T cU Jr . . c __ i . > \ . (

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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

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

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