Letter,Correspondence: Board Of Education Of The Mount Vernon City School District v. City Of Mount Vernon, Mount Vernon Industrial Development Agency, Richard Thomas

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                                FILED:         WESTCHESTER              COUNTY         CLERK       10/05/2018             10:07        AM            INDEX    NO.   69595/2016
   NYSCEF     DOC.   NO.   83                                                                                RECEIVED      NYSCEF:    10/05/2018


                      .--.                     COUNTY     COURT    OF  THE   STATE    OF  NEW   YORK
                                                              RICHARD     J. DARONCO
                                                   WESTCHESTER         COUNTY     COURTHOUSE
              .                               111  DR.  MARTIN    LUTHER     KING,   JR. BOULEVARD
                                                       WHITE    PLAINS,   NEW   YORK     10601
                                                              VOICE    : (914) 824-5401
                                                                FAX  : (914) 824-5887
                                                        CHAMBERS'
                                                                       FAX   : (212) 401-9257
                CHAMBERS    OF
             HON.  SUSAN  CACACE



                                                                            October  4, 2018


             Thomas   Scapoli, Esq.
             Ingerman  Smith, LLP
             Attorneys for Petitioner
             550 Mamaroneck    Avenue,  Suite 209
             Harrison, New  York  10528


             Thomas   A. Telesca, Esq.
             Ross  Kortez, Esq.
             Ruskin  Moscou  Faltischek, P.C.
             Attorneys  for Respondents
             1425 RXR    Plaza
             Uniondale,  New  York  11556


                                                 Re: BOE   ofMount   Vernon City School  Districtv City of Mount  Vernon, etal.
                                                         Index No.  69595/16
                                                      BOE  ofMount   Vernon  City School Districtv City ofMount   Vernon, et al.
                                                         Index No.  59414/17
             Dear  Counselors:


                      This Court writes to ackñõwledge   the       of
                                                             results  theconference  conducted  on August  28, 2018  with regard toboth
             of theabove-referenced  matters, and to acknowledge   the specificeffortsyou have  ce--iued   to undertake in an effortto
             resolve the specificconcerns  ofthe respective partiesinthese cases. First,the Court is pleased to have learned during this
             conference  thatboth the petitionerand respondents  have undertaken  previously discussed steps geared toward  craftinga
             revised Uniform  Tax  Exemption  Policy (UTEP)   thatall partiesfindto be mutually satisfactory.In addition, theCourt  notes
             with approval thatthe petitioner and respendcats have  mutually agreed upon  the satisfactorynature ofthe qualiEcations of
             the expert whom  the City ofMount   Vernon  has retained toprepare a School  Capacity Study  (SCS), and have undcrtaken
             steps toschedule a meeting  between  thisexpert and various Mount   Vernon  City School Districtofficialsincident tothe
             preparation of a SCS.  Upon  consideration of the foregoing,the Court  continues tobelieve thatthe potential resolutionof
             these pceding proceedings  in a manner  which is agreeable toallparties vkould be substantiallyaided by affording you the
             time you have  jointlyrequested for those purposes. Specifically, theCourt will continue to hold thesubmission  dates for
                                                                                                                            '
             the serviceand  filingofresponsive  papers in abeyance untilNaycmber    13,2018,  when  thesematters will be e  _;f_'.dfor a
             telephone conference  with the Court.
                      Accordingly,  you are hereby advised that allfurthersubmissions  in connection with both of the above-referenced
             proceedings  willbe held in abeyance  pending the telephone conference  regarding these matters on NGvernbcr  13, 2018 at
             11:00AM,   when  the Court willanticipate an update regarding the progress made  in connection with the specific
             undertakings cc¤¤±cd     to duringour most recent  cõñfcrcñce and re   e ced herein.



                                                                            Ve     uly yours,




                                                                               n. Susan C  cace
                                                                            Acting Justice of theSupreme   Court




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