Motion-Secondary: Onedol Rock Holdings Lp v. The Village Of Scarsdale, The Village Of Scarsdale Committee For Historic Preservation, The Village Of Scarsdale Board Of Trustees

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                                FILED:         WESTCHESTER              COUNTY         CLERK       04/07/2021             09:03        PM            INDEX    NO.   54241/2021
   NYSCEF     DOC.   NO.   7                                                                                  RECEIVED      NYSCEF:     04/07/2021




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF WESTCHESTER
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                  In the Matter of the Application of

                  ONEDOL ROCK HOLDINGS LP,

                                                      Petitioner-Plaintiff,                 Index No. __________

                  For a Judgment and Order Pursuant to Article 78 of the                    AFFIRMATION
                  CPLR and for declaratory relief,                                          IN SUPPORT

                                    -against-

                  THE VILLAGE OF SCARSDALE, THE VILLAGE OF
                  SCARSDALE COMMITTEE FOR HISTORIC
                  PRESERVATION and THE VILLAGE OF
                  SCARSDALE BOARD OF TRUSTEES,

                                             Respondents-Defendants.
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                         TROY D. LIPP, an attorney duly admitted to practice law in the Courts of the State of New

                York, hereby affirms the following to be true under penalty of perjury:

                         1.       I am an associate with the law firm of Cuddy & Feder LLP, attorneys for Petitioner-

                Plaintiff ONEDOL ROCK HOLDINGS LP (“Plaintiff” or “Petitioner”).

                         2.       I submit this affirmation in support of Petitioner’s Verified Petition brought under

                Article   78  of  the  CPLR    against   Respondents      The   Village   of  Scarsdale   Board    of  Trustees   (the

                “BOT”), The Village of Scarsdale Committee for Historic Preservation (the “CHP”) and The Village

                of Scarsdale (the “Village,” and collectively with the BOT and CHP, “Respondents”).

                         3.       Annexed hereto as Exhibit 1 is a full and complete copy of the Village of Scarsdale

                2012 Reconnaissance Level Cultural Resource Survey Report prepared by Li/Saltzman Architects

                P.C. and Andrew S. Dolkart (the “2012 Reconnaissance Survey).




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   FILED:         WESTCHESTER              COUNTY         CLERK       04/07/2021             09:03        PM            INDEX    NO.   54241/2021
   NYSCEF     DOC.   NO.   7                                                                                  RECEIVED      NYSCEF:     04/07/2021




                         4.       The Administrative Record of Proceedings held before the CHP and BOT includes

                only  excepts   of  the  2012   Reconnaissance      Survey–which      were   selected   by  the CHP–and      thus  the

                complete    document     is being   submitted    herewith   so  that the  Court   may   have   a full reading   of  its

                contents.

                         WHEREFORE,          Petitioner   respectfully   requests   that its Verified   Petition   be  granted   in its

                entirety and that it be awarded such other and further relief as to the Court seems proper, just and

                equitable.

                Dated: White Plains, New York
                         April 7, 2021

                                                                                                 ______________________
                                                                                                 Troy D. Lipp




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