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FILED: SUFFOLK COUNTY CLERK 06/12/2023 02:25 PM INDEX NO. 607311/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_____----______________________------------------_____________Ç
In the Matter of ALLAN GOETZ,
Index No. 607311/2023
Petitioner,
AFFIDAVIT
For Judgment Pursuant to Article 78
Assigned to:
of the Civil Practice Law and Rules,
Hon. Stephen Hackeling
-against-
WYANDANCH VOLUNTEER FIRE COMPANY, INC.,
and TOWN OF BABYLON,
Respondents.
-------------------_________________________-------------Ç
PHILIP PAUL, being duly sworn deposes and says:
1. I am a volunteer member and President of the Board of Directors of the Wyandanch
Volunteer Fire Company, Inc. (WVFC), the Respondent in this action. The WVFC is a corporation
duly organized and existing under the New York State Not-For-Profit Corporation Law. WVFC
contracts with the Town of Babylon to provide the Wyandanch area with fire and emergency
rescue service protection. The Town of Babylon was and is a municipal corporation duly
organized and existing by virtue of the laws of the State of New York, and therefore the Town of
Babylon pays WVFC on contract with taxpayers funds.
2. I was elected to the Board of Directors of the WVFC for the term of December
2021 through December 2022, and re-elected for the term of December 2022 through November
December 2023.
3. According to the Article IV (Organization of the Company) of the By-Laws of the
WVFC, the Board of Directors consists of the President, Vice-President, Chief and five (5)
Trustees. Each director has a vote, except for the President. The President shall not vote unless
there is a tie. See By-Laws Article VI (Duties of Officers). The Board of Directors is the
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FILED: SUFFOLK COUNTY CLERK 06/12/2023 02:25 PM INDEX NO. 607311/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023
governing body of the WVFC and is in charge of the affairs, including financial business, of the
WVFC.
4, The Board of Directors approves the expenditures of the WVFC. At no time was
1 aware that the WVFC was purchasing the snacks that were placed in the vending machines
located in the firehouse.
5. The vouchers that were provided to the Board of Directors for review and
approval would, at times, include a category line item titled "Kitchen Supplies". The firehouse
maintained a kitchen area that was utilized by the volunteer members. The kitchen was typically
stocked with items such as eggs, milk, juice, ketchup, mustard, salt, pepper, paper p.lates, plastic
utensils, etc.
6. I learned that Alan Goetz, Sr. was purchased vending machine snacks and
submitted receipts to WVFC for approval, classifying the purchases as "Kitchen Supplies".
7. The vending machine snacks purchased by Alan Goetz, Sr. were not supplied to
the firehouse.kitchen, but rather were loaded into the vending machines by Alan Goetz, Sr.
8. None of the proceeds derived or collected from the vending machines were
remitted to the .Board of Directors and/or WVFC. And, the Board of Directors and/or I never
authorized, approved, instructed or directed A.Ian Goetz Sr. to collect, possess, keep and/or
distribute any monies belonging to WVFC.
9. Contrary to Petitioner's claims, I actually brought the disciplinary charges against
Petitioner; however, I thought.it prudent to recuse myself from the actual hearing to avoid the
appearance of any conflict serving in the role as presenter and adjudicator on the charges. As a
result, and according to the By-Laws, Vice-President Aaron Ron, presumed my duties in
presiding over the hearing.
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FILED: SUFFOLK COUNTY CLERK 06/12/2023 02:25 PM INDEX NO. 607311/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023
10. For obvious ethical concerns, the Board of Directors sought the recusal of Trustee
Alan Goetz II, Petitioner's son, from the disciplinary hearing.
11. The disciplinary action against Petitioner was brought pursuant to Article X
(Disciplinary Action) of the By-Laws of WVFC. Said By-Laws state, among other things, that
an accused member shall be advised of the charges in writing and that a hearing shall be held
before the Board of Directors where a member must appear and present his/her defense to the
charges.
Name:
Sworn to before me this
day of June, 2023
Notary Public
CEONARD I S Ä 1
Notar Fublic, State of New York
R.. tration.#02SY391225
Q )fied·ln Nassan ou t
CommissionE pires J
3 of 3
Preview
FILED: SUFFOLK COUNTY CLERK 06/12/2023 02:25 PM INDEX NO. 607311/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _____----______________________------------------_____________Ç In the Matter of ALLAN GOETZ, Index No. 607311/2023 Petitioner, AFFIDAVIT For Judgment Pursuant to Article 78 Assigned to: of the Civil Practice Law and Rules, Hon. Stephen Hackeling -against- WYANDANCH VOLUNTEER FIRE COMPANY, INC., and TOWN OF BABYLON, Respondents. -------------------_________________________-------------Ç PHILIP PAUL, being duly sworn deposes and says: 1. I am a volunteer member and President of the Board of Directors of the Wyandanch Volunteer Fire Company, Inc. (WVFC), the Respondent in this action. The WVFC is a corporation duly organized and existing under the New York State Not-For-Profit Corporation Law. WVFC contracts with the Town of Babylon to provide the Wyandanch area with fire and emergency rescue service protection. The Town of Babylon was and is a municipal corporation duly organized and existing by virtue of the laws of the State of New York, and therefore the Town of Babylon pays WVFC on contract with taxpayers funds. 2. I was elected to the Board of Directors of the WVFC for the term of December 2021 through December 2022, and re-elected for the term of December 2022 through November December 2023. 3. According to the Article IV (Organization of the Company) of the By-Laws of the WVFC, the Board of Directors consists of the President, Vice-President, Chief and five (5) Trustees. Each director has a vote, except for the President. The President shall not vote unless there is a tie. See By-Laws Article VI (Duties of Officers). The Board of Directors is the 1 of 3 FILED: SUFFOLK COUNTY CLERK 06/12/2023 02:25 PM INDEX NO. 607311/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 governing body of the WVFC and is in charge of the affairs, including financial business, of the WVFC. 4, The Board of Directors approves the expenditures of the WVFC. At no time was 1 aware that the WVFC was purchasing the snacks that were placed in the vending machines located in the firehouse. 5. The vouchers that were provided to the Board of Directors for review and approval would, at times, include a category line item titled "Kitchen Supplies". The firehouse maintained a kitchen area that was utilized by the volunteer members. The kitchen was typically stocked with items such as eggs, milk, juice, ketchup, mustard, salt, pepper, paper p.lates, plastic utensils, etc. 6. I learned that Alan Goetz, Sr. was purchased vending machine snacks and submitted receipts to WVFC for approval, classifying the purchases as "Kitchen Supplies". 7. The vending machine snacks purchased by Alan Goetz, Sr. were not supplied to the firehouse.kitchen, but rather were loaded into the vending machines by Alan Goetz, Sr. 8. None of the proceeds derived or collected from the vending machines were remitted to the .Board of Directors and/or WVFC. And, the Board of Directors and/or I never authorized, approved, instructed or directed A.Ian Goetz Sr. to collect, possess, keep and/or distribute any monies belonging to WVFC. 9. Contrary to Petitioner's claims, I actually brought the disciplinary charges against Petitioner; however, I thought.it prudent to recuse myself from the actual hearing to avoid the appearance of any conflict serving in the role as presenter and adjudicator on the charges. As a result, and according to the By-Laws, Vice-President Aaron Ron, presumed my duties in presiding over the hearing. 2 of 3 FILED: SUFFOLK COUNTY CLERK 06/12/2023 02:25 PM INDEX NO. 607311/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/12/2023 10. For obvious ethical concerns, the Board of Directors sought the recusal of Trustee Alan Goetz II, Petitioner's son, from the disciplinary hearing. 11. The disciplinary action against Petitioner was brought pursuant to Article X (Disciplinary Action) of the By-Laws of WVFC. Said By-Laws state, among other things, that an accused member shall be advised of the charges in writing and that a hearing shall be held before the Board of Directors where a member must appear and present his/her defense to the charges. Name: Sworn to before me this day of June, 2023 Notary Public CEONARD I S Ä 1 Notar Fublic, State of New York R.. tration.#02SY391225 Q )fied·ln Nassan ou t CommissionE pires J 3 of 3