A state judge handling the Town of Greenburgh's litigation with Edgemont residents over their desire to create a new village has called for a meeting on Tuesday, Feb. 13.
In the meantime, the town has filed a notice of appeal to protect its interests until there is a clear indication of how to proceed, according to Greenburgh Supervisor Paul Feiner.
Feiner said he received correspondence this past week from Judge Susan Cacace informing the town that the Judge had issued her decision on the sufficiency of the petition, without ruling on the second Article 78 proceeding brought at the same time by a separate filing entity.
According to Feiner, the town has been advised by our outside counsel, former Judge Robert Spolzino, that as Judge Cacace's 10-day time requirement for the scheduling of a referendum would conclude on Friday February 9th and the conference with Judge Cacace does not occur until four days later, February 13, 2018, the town should file a "Notice to Appeal" of Judge Cacace's decision.
Our attorneys will be attending the conference and will continue to review the Judge's decision. We reserve the right at our discretion to either withdraw our appeal and schedule a date for the referendum, or decide to go forward formally with the appeal.
On Feb. 1, Supreme Court Justice Cacace issued a 54-page opinion in White Plains stating that the petition Edgemont residents filed to schedule a referendum on whether Edgemont will incorporate as a village is valid.
The 36.1-square-mile Town of Greenburgh already has six villages within its borders – Ardsley, Dobbs Ferry, Elmsford, Hastings-on-Hudson, Irvington and Tarrytown. Edgemont, also known as Greenville, is a census-designated area with a population of 7,116.
Feiner's longtime opposition to a public referendum that could allow Edgemont to secede from the town attracted unflattering media attention in this article in The New York Times.
A copy of Justice Cacace's order is attached below:See Attachment
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