GRASSROOTS FOR GREENBURGH
E-Mail: grassrootsforgreenburgh@att.net
October 18, 2006
VILLAGES LOSE TO BERNSTEIN ONCE AGAIN
The Supreme Court, Westchester County, today denied a motion by Greenburgh's villages and their mayors to seek reargument of the Court's August 11, 2006 ruling denying the villages' motion to intervene as parties in the proceeding which Robert Bernstein of the unincorporated area in Greenburgh brought earlier this year to challenge the town's practice of charging only the unincorporated areas for the costs of town parks open town wide to all town residents, including residents of the villages.
The villages have already filed an appeal of the August 11, 2006 ruling and were hoping, in the meantime, that the lower court would change its mind. The lower court declined to do so, stating, "The Court has reviewed the original motion papers as well as those submitted in connection with this motion to reargue and the Court is not persuaded that any matter of fact or law was overlooked or misapprehended. All of the arguments which were advanced in the motion were set forth in the original motion and considered by the Court in the original decision."
This marks the seventh straight ruling in Bernstein’s favor on this matter, starting with the December 2004 unanimous ruling of the Appellate Division that reinstated the original Taxter Ridge complaint and which held that the relevant state statutes specifically mandate that the costs of town parks be charged to all of the town's taxpayers. Bernstein and the Town are still waiting for a ruling on the merits of the second lawsuit -- the one pertaining to all town parks other than Taxter Ridge. In addition, the Appellate Division is expected to fix a date for the oral argument of the Town's appeal from the Taxter Ridge ruling.
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Village Reargument Denied.pdf (101 KB) Please note: This document is provided in Adobe PDF format, which requires the free Adobe reader, available at the Adobe web site.
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