On December 23, 2016 a
Letter,Correspondence
was filed
involving a dispute between
Board Of Education Of The Mount Vernon City School District,
and
City Of Mount Vernon,
Mount Vernon Industrial Development Agency,
Richard Thomas,
for Special Proceedings - CPLR Article 78
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 11/04/2019 04:33 PM INDEX NO. 69595/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 11/04/2019
COUNTY COURT OF THE STATE OF NEW YORK
RICHARD 1. DARONCO
WESTCHESTER COUNTY COURTHOUSE
III DR. MARTIN LUTHER KING, JR. BOULEVARD
WHITEPLAl!'JS, NEW YORK 10601
VOICE: (914)824-5401
FAX: (914) 824-5887
CHAMBERS OF DIGITAL FAX: (212) 401-9257
HON. SUSAN CACACE
November 4, 2019
Thomas Scapoli,Esq.
Ingerman Smith, LLP
Attorneys for Petitioner
550 Mamaroneck Avenue, Suite 209
Harrison, New York 10528
Thomas A. Telesca, Esq. Office of the Corporation Counsel
Ruskin Moscou Faltischek, P.C. City of Mount Vernon
Attorneys for Respondents City Hall
1425 RXR Plaza 1 Roosevelt Square
Uniondale, New York 11556 Mount Vernon, New York 10550
Re: BOE of Mount Vernon City School District v Cityof Mount Vernon; et at.
Index No. 69595/16
BOE of Mount Vernon City School District v City of Mount Vernon, et at.
Index No. 59414/17
Dear Counselors:
This Court writes to acknowledge receipt of thecorrespondence submitted by counsel for the respondents, dated
October 30, 2019, through which various concerns were raisedrelatingto the alleged failureof the Officeof the
Corporation Counsel of the City of Mount Vernon to .comply withseveral commitments made by Corporation Counsel
Lauren Raysor, Esq., to have new counsel formally enterthe case on behalf of the respondents by the filing
of an
Affirmation for Change of Counsel no later than thecloseof business on October 21, 2019. Unfortunately, thisalleged
omission by the Corporation Counsel's Office has prevented counsel for the respondents, Ruskin Moscou Faltischek,P.C.,
from being relievedas counsel for the respondents, has also prevented counsel for the respondents from filingan
Affirmation of Discontinuance with regard to the order.toshow cause they uploaded into the NYSCEF E-Filing System on
October 11,2019 under Index No. 69595/16, and has further prevented them from forwarding thefile theymaintain in
connection with thesecases, including the draftform of the recentlyprepared School Capacity Study (SCS), to new counsel
for the responde'nts. Consequently, new counsel for the respondentshave not been able to complete theirreview of the
SCS by today's date, nor has the disclosureof the finaldraftof same to counsel.for the petitioners
been completed, as
originallycontemplated and agreed to by all parties
during the above"referenced conference of October 30, 2019.
Furthermore, as counsel for the petitioners
has not yet been provided with a finaldraft of theSCS, the parties to these
proceedings have been precluded from sharing theirrespectiveanalyses of the SCS, and their respective views with regard
to the necessity,if any, of crafting
a revised Uniform Tax Exemption Policy (UTEP) to adequately reflectthe anticipated
student enrollment resulting from the relevant development projects. . \
Therefore, counsel of record for all parties
to this proceeding,including Corporation Counsel LaurenRaysor, Esq.,
shallappear before thisCourt for a conference to be conducted on November 14, 2019 at 10:00 AM, to address the issues
raised herein,unless all partiesshallexecute and file a writtenstipulationin advance of thatdate which reflectsthat all of
the allegedly U11fulfiIledcommitments referenced herein have been satisfied. Be furtheradvised thatall further
submissions
in connection with both of the above-referenced proceedings wiIl be held in abeyance pending the resultsof the conference
regarding these matters to be conducted on November 14,2019.
Hon. Susan Cacace
Acting Justice of theSupreme Court
1 of 1
Document Filed Date
November 04, 2019
Case Filing Date
December 23, 2016
Category
Special Proceedings - CPLR Article 78
Status
Disposed-Court Date/Application Pending
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FILED: WESTCHESTER COUNTY CLERK 11/04/2019 04:33 PM INDEX NO. 69595/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 11/04/2019 COUNTY COURT OF THE STATE OF NEW YORK RICHARD 1. DARONCO WESTCHESTER COUNTY COURTHOUSE III DR. MARTIN LUTHER KING, JR. BOULEVARD WHITEPLAl!'JS, NEW YORK 10601 VOICE: (914)824-5401 FAX: (914) 824-5887 CHAMBERS OF DIGITAL FAX: (212) 401-9257 HON. SUSAN CACACE November 4, 2019 Thomas Scapoli,Esq. Ingerman Smith, LLP Attorneys for Petitioner 550 Mamaroneck Avenue, Suite 209 Harrison, New York 10528 Thomas A. Telesca, Esq. Office of the Corporation Counsel Ruskin Moscou Faltischek, P.C. City of Mount Vernon Attorneys for Respondents City Hall 1425 RXR Plaza 1 Roosevelt Square Uniondale, New York 11556 Mount Vernon, New York 10550 Re: BOE of Mount Vernon City School District v Cityof Mount Vernon; et at. Index No. 69595/16 BOE of Mount Vernon City School District v City of Mount Vernon, et at. Index No. 59414/17 Dear Counselors: This Court writes to acknowledge receipt of thecorrespondence submitted by counsel for the respondents, dated October 30, 2019, through which various concerns were raisedrelatingto the alleged failureof the Officeof the Corporation Counsel of the City of Mount Vernon to .comply withseveral commitments made by Corporation Counsel Lauren Raysor, Esq., to have new counsel formally enterthe case on behalf of the respondents by the filing of an Affirmation for Change of Counsel no later than thecloseof business on October 21, 2019. Unfortunately, thisalleged omission by the Corporation Counsel's Office has prevented counsel for the respondents, Ruskin Moscou Faltischek,P.C., from being relievedas counsel for the respondents, has also prevented counsel for the respondents from filingan Affirmation of Discontinuance with regard to the order.toshow cause they uploaded into the NYSCEF E-Filing System on October 11,2019 under Index No. 69595/16, and has further prevented them from forwarding thefile theymaintain in connection with thesecases, including the draftform of the recentlyprepared School Capacity Study (SCS), to new counsel for the responde'nts. Consequently, new counsel for the respondentshave not been able to complete theirreview of the SCS by today's date, nor has the disclosureof the finaldraftof same to counsel.for the petitioners been completed, as originallycontemplated and agreed to by all parties during the above"referenced conference of October 30, 2019. Furthermore, as counsel for the petitioners has not yet been provided with a finaldraft of theSCS, the parties to these proceedings have been precluded from sharing theirrespectiveanalyses of the SCS, and their respective views with regard to the necessity,if any, of crafting a revised Uniform Tax Exemption Policy (UTEP) to adequately reflectthe anticipated student enrollment resulting from the relevant development projects. . \ Therefore, counsel of record for all parties to this proceeding,including Corporation Counsel LaurenRaysor, Esq., shallappear before thisCourt for a conference to be conducted on November 14, 2019 at 10:00 AM, to address the issues raised herein,unless all partiesshallexecute and file a writtenstipulationin advance of thatdate which reflectsthat all of the allegedly U11fulfiIledcommitments referenced herein have been satisfied. Be furtheradvised thatall further submissions in connection with both of the above-referenced proceedings wiIl be held in abeyance pending the resultsof the conference regarding these matters to be conducted on November 14,2019. Hon. Susan Cacace Acting Justice of theSupreme Court 1 of 1