Greenberg v. Veteran Statement Pursuant to Rule 3(g)
Public Court Documents
February 1, 1990

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Brief Collection, LDF Court Filings. Greenberg v. Veteran Statement Pursuant to Rule 3(g), 1990. d13bf1c8-b79a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/e2713049-78c6-4d81-af71-ea1ac798747c/greenberg-v-veteran-statement-pursuant-to-rule-3-g. Accessed July 12, 2025.
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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