Greenberg v. Veteran Statement Pursuant to Rule 3(g)

    UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------ -
In the Matter of the Application of 
MYLES GREENBERG and FRANCES M.
MULLIGAN,

89 Civ. 0591 (GLG)
Petitioners,

-against- STATEMENT PURSUANT
TO RULE 3(g)______

ANTHONY F. VETERAN, et. al.,
Respondents.

------------------------------------------ x

Pursuant to Civil Rule 3(g) of this Court, Petitioners 
contend that the following are material facts as to which there 
exists a genuine issue to be tried:

1. The written statement of Larry J. Nardecchia in 
opposition to the incorporation petition was prepared prior to 
November 1, 1988, and deliberately withheld from the public in 
order to deny proponents of incorporation any opportunity to 
challenge and/or controvert its contents prior to the Town 
Supervisor's rendering an adverse determination on the subject 
petition.

2. Mr. Nardecchia was not competent to review the boundary 
description contained in the incorporation petition and, inter 
alia, because of his incompetency he erroneously concluded that 
that description was flawed and lacking in common certainty.

3. Mr. Nardecchia's findings, opinions, and conclusions with 
respect to the boundary description are materially false.

1



4. The boundary description contained in the incorporation 
petition contains no flaws and describes with common certainty 
the boundary of the proposed village of Mayfair Knollwood.

5. The map of the proposed village of Mayfair Knollwood 
created by officials of the Town of Greenburgh was prepared 
solely on the basis of the boundary description contained in the 
incorporation petition, and that map depicts and was intended to 
depict with common certainty the boundary of the proposed 
village.

6. The Nardecchia findings, opinions, and conclusions were 
prepared on the direction of the Town Supervisor who had 
pre-judged the incorporation petition and determined to reject it 
prior to the date upon which the petition was filed with him.

7. The Nardecchia written statement was prepared by the Town 
Engineer in his capacity as such, at the expense and upon 
equipment provided by the Town of Greenburgh and during time for 
which said Engineer was compensated by the Town.

8. Town Engineer, Larry J. Nardecchia, never filed evidence 
satisfactory to the New York State Board for Engineering and Land 
Surveying that he' is competent and experienced in land surveys as

2



contemplated by New York State Education Law §7208(m).

Dated: White Plains, N.Y. 
February 1, 1990

ESQS.
Jonathan Lovett 

Attorneys for Petitioners 
180lE. Post Road 
White Plains, N.Y. 10601 
914-428-8401