INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

COURT

SUPREME

OF THE

OF NEW

STATE

YORK

OF ROCKLAND

COUNTY

------------------------------------------------------------------------X
In the

Matter

Application

DELHOMME

DEMEZA
Village

of the

of

of

(the

:

former

Mayor

the:

of

Index

No.

Valley),

Spring

:
Assigned

Petitioner-Plaintiff,

Judge:

-against-

THE

VILLAGE

THE

BOARD

VILLAGE

OF
OF

OF

VALLEY

SPRING

TRUSTEES

SPRING

and

THE

OF

VALLEY,
PETITION/COMPLAINT

:
Respondents-Defendants.

(Article

------------------------------------------------------------------------X

Petitioner-Plaintiff

Spring

Valley,

by

his

Petition/Complaint

and

the

Board

Demeza

attorneys

against

Of

the

Delhomme,

2

Platt

Bleakley

of the

Judgment

Declaratory

former

Village

LLP

"Mayor"
"Mayor")

(the

alleges

of the

for

Platt"),

("Bleakley

the Village

"Board"
"Board"),

(the

Mayor

Schmidt,

the Respondents-Defendants

Trustees

78 Proceeding/

of Spring

Village

his

(the

Valley

Action)

of

verified

"Village"
"Village")

as follows:

INTRODUCTION

1.

Appellate

pursuant

Demeza

Delhomme,

Proceeding"
Proceeding").

not

Second

Division,

residents

Referee

Platt

Bleakley

John

be removed

Department,

which

York

Village

of

Public

Spring

a lengthy

Following

from

defended

New

to

P. Clarke

successfully

concluded

office

(Exhibit

was

Mayor

hearing

in his

June

in

§ 36,

(docket

March

14,

in a "removal

commenced

Law

Officers

Valley

Mayor

the

2017

I).

1 of 22

and

proceeding"

against

him

entitled

Heyward

number

2015-00370)

April

"Referee's

2017

in

Report"

that

by

D.

before

three

(the

the

al.

"Removal

proceeding,

that

Village

et

Reed,

the

Mayor

Special

should

v.

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

2.

Mayor

This

pursuant

Rules.

The

to Bleakley

of $250

per

to

seeks

Platt

in the

hour

and

refused

reasons,

Village

pay

§ 18

7801,

to reimburse

to their

the

Chapter

the

Village

Code

—
-(i)

engagement

fees

12

the

amount

for

which

pursuant

unpaid

that

he paid

Law

Practice

-

the Mayor's

of $132,327.59

$15,000

Civil

the

is obligated

to pay

were

to

billed

and

Public

attorney's

to Bleakley

Board,"

the three-member

Report,

owing

of

Mayor

Village

of

the

by

fees

at the

Platt

rate

in that

letter.

and

arbitrarily

attorney's

and

that

in the

3001

and

declaring

the

Referee's

7806

action

judgment

proceeding/declaratory

7804,

Proceeding

unlawfully,

his

7803(3),

12 of the

Removal

special

78

a judgment

(ii)

After

3.

Article

Chapter

§ 18 and

pursuant

proceeding

Law

Sections

Mayor

Law

Officers

is a hybrid

to Bleakley

Village

to

capriciously

Platt

Code,

for

"Majority

approve

under

the

the

clear

since

particularly

Mayor's

directive

he

political

purely

request

that

of Public

prevailed

in

the

the

Officers

Removal

Proceeding.

4.

within

four

to Bleakley

The

months

The

"defense"

Code,

judgment

but

after

then

the

timely

Board

commencedthis

refused

against

proceeding

to approve

payment

of the

the

Mayor's

Village

and the

Board

fees

owing

attorney's

Platt.

5.

his

Mayor

costs

Mayor

paid

his

successful

that

the

Village

didn't

by the

defense

need

Village

to prevail

under

in that

is obligated

in the

Public

Officers

leaves

proceeding

to pay

his

Removal

attorney's

2

2 of 22

Law

no

to be entitled

Proceeding

§ 18 and

doubt

fees

owing

Chapter

as to his

right

to Bleakley

12 of the

to have

Village

to a declaratory

Platt.

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

THE
The

Removal

Corruption

6.

2013.

Petitioner

His

last

mayor

a new

(Alan

7.

time

As

mayor

has

8.

to

of

seat

on the

serving

Fonvil

ran

Fonvil

to the

the

press,

Trustee

and

The

Mayor

including

he

which

times

him

appointed

the

acrimony

and

discord

York

the

Times

the

Trustees,

Village

in

November

election

scheduled

of

full-

the

basis."

a daily

The

Vilair

of whom

all five

meets

Board

with

the

are elected

first

Fonvil

Within

days

the

Mayor's

election

Majority

Journal

3

3 of 22

at odds

with

Board

in November

News.

since

to fill

after

in an act of betrayal,

was

to fill

("Fonvil")

distinction

selected

a Trustee.

the

Fonvil

held

Mayor

between

and

four

had

which

issues.

New

the

regularly

on

Mr.

Mayor,

Deputy

of Village

the

of

and

third

his

then

Hall.

Mayor

to become

a number

since

the

residents.

Until

Board,

Fonvil)

as Mayor

Village

and

appointed

Majority

and

the

at Village

history.

several

Member

(www.villagesprinavalley.ore/trustees), .or

of Village

as Mayor,

Village

By
of Felony

as a Board

following

of a mayor

evening

as a Trustee,

in

website

voters

three-member

on

4, 2017,

consists

in the

elected

Board

Board

meetings

10.

in the

month

unsuccessfully

of an opposition

between

each

Service

elected

of administering

Board

Convicted

7, 2017.

Village's

registered

by

When

9.

Board

in the

"responsibility

term

Wednesday

longest

the

December

Later

his

was

on November

Respondent

a four-year

vacant

noted

Delhomme

was

Simon)

to

Motivated

Politically

Was

Relating

Demeza

in office

day

Who

Fonvil,

Charges

FACTS

Was

Proceeding

Member

Board

RELEVANT

Fonvil

and

and

the

1999

his

the

2013

vacant

Mayor

Mayor

was

the

the

(in

well

seat,

appointed

became

out-voted

as the

leader

Mayor

particular,

chronicled

at

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

Because

11.

Removal

Proceeding

available

to

orchestrated

The

against

remove

him

proceeding.

2015

Mayor

served

the

Report

in the

real

that

dated

Law

Officers

Village

was

the

attorney

motivated

Department

13, 2015

January

With

Answer

before

and

Fonvil.

Second

The

§ 36.

vacant

no

was

which

in interest:

in the

was

there

Thus,

proceeding,

party

Petition"

of four

2017;

Exhibit

4).

mayor

on

filed

from

felony

by three

(Exhibit

Village

was

2),

not

Defenses"

Affirmative

by

board

both

17,

-

was

he had

Village

to

seeking

a party

in that

March

dated

2017,

Fonvil

article

to the

Asher

(See

noted

Board

Board

was

charges.

the

that

found

guilty

the

Journal

"Fonvil

in December

Grossman

and

."
sides..."
sides
. .

4

4 of 22

charges

Mayor's

by

Rockland

News

2013.

article

Mayor

The

McGill

19,

and

noted

in

2017

on

a joint

against

federal

Fonvil

regarding,

arose

inter

alia,

transportation

from

Judge

November

between

Delhomme

for

Court

County

Delhomme

hostility
-

26,

from

bus

regarding

and

Sheri

tenure

Clarke

on April

resulting

felony

approve

Referee

arrested

and

Office

four

during

the

program.

as Special

and

indicted

The

member

camp

it,

Attorney's

investigation.

corruption

Trustees

have

District

County

a contract

Fonvil

might

1), Fonvil

as a Board

newspaper

appointed

the

2 at fn.

summer

This

of justice

force

duties

On November

Russo

hand

Rockland

Village's

Kevin

allies

in

commenced

a "Verified

task

he received

the

was

to Public

1, pg.

official

of his

14.

lawsuits

(Ex.

anti-corruption

out

children

his

divine

by the

charges

kickbacks

and

a "Verified

by

The

As

local

since

Mayor

accuser

2015.

January

position

Attorney

3).

corruption

directly

Proceeding

pursuant

Referee's

and

Removal

Village

Mayor

the

chief

office

13.

his

represent

from

(Exhibit

in

Mayor's

the

the

divisiveness,

commenced

and

the

by

this

was

defend

12.

residents

of

often

18,

feuded

Fonvil

has

and

led

to

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

The

A

15.

the

Westchester

to John

. .

for

."

(Exhibit

Pursuant

Goethals

establish

the

to narrow

the

17.

Platt

Bleakley

Conway).

Platt

The

representation

obligated

(Exhibit

to

to

him

represent

To

as Exhibit

same

was

expressly

the

in the

by the

the

the

from

Court

Court,

contained

instead

proceeding

was

1, 2017

Second

Division,

"to

"set

down

discuss

and

and

Department,

7)

the

Proceeding

signed

form

Attorney-Referee

Proceeding

on February

Appellate

before

Removal

Removal

Clarke

(Exhibit

days

2017

18,

January

Referee

Attorney"

Change

of wrongdoing

to refer

2016

21,

(Supreme

Colabella

allegations

Code

December

dated

amended

County),

directed

four

Village

initial

in place

by the

of

his

initial

Mr.

Mayor,

Mayor

the

conference,

retained

(Kevin

attorney

and

Conway

Bleakley

8.

That

pay

dated

Special

2017,

12 of the

Nicholas

of the

Removal

the

6).

possible."

extent

27,

on each

Westchester

hearing

Chapter

Officer

Request
In

day,

Mayor's

"conditioned

legal

signed

Platt

Bleakley

fees

on

in

and

the

an engagement

subject

Removal

to"

letter

a court

order

at

Proceeding

with

the

the

Village

$250

per

that

a rate

of

which

Mayor,

is

hour

9).

19.

Referee

to the

On January

is annexed

18.

the

Mayor's
Platt

Department

subsequently

Notice"

before

Second

Hearing

was

the

to Bleakley
§ 18 and

the

(Exhibit

Court,

for

"Consent

from

Referee

conference"

issues

Law

which

to a "Court

procedure

Officers

and to report

5),

(Supreme

an attorney-only

Costs

to Judicial

a hearing

as Special

P. Clarke,

16.

Patricia

"for

Approve

Defense

Order"

2

Proceeding

County)

petition..."
petition

in the

to Public

"Decision

Removal

His

Pay

To

Refused

Unlawfully

Village

Pursuant

Proceeding

referred

Board

the

That

Clarke

Bleakley

for

such

Platt

an

(by

order

Kenneth

in

C.

a two-page

Brown,

letter

5

5 of 22

Esq.)

then

application

moved

dated

promptly

January

before

30,

2017,

Special

which

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

requests

RECEIVED NYSCEF: 02/15/2018

an "order

in defending

Court

the

him

the

in this

in the

e-mail

2017

In

for

the

the

Village

30,

2017,

Mr.

times

during

the

PLLC)

was

special

Fonvil

Litigation,

January

21.

that

a rate

of

$250

Brown

per

Village

is obligated

Mayor

such

relief.

that

fees

Special

need

Ms.

Goethals

to Bleakley

owing

(Exhibit

would

Mr.

fees

Lynch's

10).

to make

Clarke

a motion

confirmed

Platt

same

That

Referee

Board,

30,

2017

including

attempted

to Bleakley

not

to the

in

the

day,

did

this

to

(Feerick

obtain

have

Second

a January

of

evening

&

MacCartney

it against

representing

Board's

Lynch"
Lynch").

Counsel

Lynch

the

On the

Platt.

("
("Special

Esq.

Lynch,

firm

law

Brown

owing

to Dennis

the

the

hour

to the

also

January

Board

in this

consent

(with

to pay

the

represented

involved
to free
are paid

a copy

Mayor's

the

it is our
in

legal
for

any

the

opinion

litigation

the

e-mail

the

Village

That

to the

legal

to Special

agrees

e-mail

other

fees

Counsel

also

to pay

attached

four

Board

in the

Village

Lynch

At

Nugent

Mayor

(Exhibit

Platt's

Bleakley

Mr.

in the

members),

Clerk

Village

that
(not
paid

the

Mayor

as a Public

as a Plaintiff
at the prevailing
litigation."

in such

13)

6

6 of 22

Official

rate

other

legal

asked

fees

at

August

4, 2016

which

advised

that

Litigation,

or Petitioner)

12)

Lynch's

Mayor):

representation
by

that

proceeding."

Mayor

"Therefore,

(Exhibit

Mr.

to

the

legal

an e-mail

counsel

hour"

per

Brown

practice,

Mayor's

tenure,

Mr.

legal

11).

motion

the

sent

Brown's

that

letter

Platt

for

Mayor's

infra.

opinion

Bleakley

avoid

to pay

legal

that

(Exhibit

to

Mayor's

Mr.

he "request

and

the

of $250

advised

Proceeding

effort

to pay

. . . at a rate

application,

counsel

an

is obligated

Goethals)

Removal

to all

20.

approval

(Ms.

to grant

authority

Village

proceeding

Attorney-Referee

Department

31,

that

being

is entitled
Attorneys

infra

(in

the

which

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

The

22.

(with

and

a copy

to the

Litigation,

which

infra,

that

the

(Ex.

Proceeding

letter

know,

Clerk

in the Village

to the Board

for

paid

provides

in

the

favor

in

Litigation,

in relevant

Village"

the

by

when

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letter

could

not

in the

part

Removal

a resolution
to

resolution
and

dated

copied

to pay

the

would
I, would

Counsel

or
legal

Special

you
(and

for

paid
the

concerning

7, 2017,

February

legal

payment

board

not

Mayor

by

conduct
Counsel

representation.
the

I
Mayor

Deputy

14)

Mayor's

fail.

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as the

and copy
foregoing."

(Asher

Village

by

for

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pending

you

such

thereon

the

seeking
the

that

provide
regard

Brown

Attorney

above-captioned.

claims

of the

Brown

Attorney

and

Attorney

in that

Exhibit

Brown

pay

Village

to advise

Letter";

resolution

McGill

the

my opinion

members

introduced

involved

and

Trustees

to Mr.

my

actions

the

and

Opinion

such

to

current

to representation

entitled

Office

renew

Board

T.

were

Village

Board

the

opinion

a conflict

By

consent

in

expressed

that

2017

Board's

from

I previously

Village

"if

(Exhibit

Counsel

fees

Mayor's

in the

to him

case."

of

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proceeding

the

and

any

Counsel

Department

hereby

approve

"law

Second

Trustees)

had

Majority

Eisenpress

legal

Platt's

decision

Mayor

30 e-mail

January

Bleakley

fee

communication

Mayor

the

all

of

recent

Village

the

Division,

other

as the

by

pay

attorney's

of Judge

Special

from

most

representing

24.

decision

to

Brown's

to the

2017

31,

January

14):

requests

"January

order

dated

Mr.

Village

Loehr's

to representation

"The

(the

the

the

with

letter

referencing

Judge

with

Loehr's

is "entitled

an opinion

authorize

along

opinion

sent

members)

Board

Judge

This

Mayor

the

infra,

declared

23.

Board

consistent

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Fonvil

four

that

Lynch

Mr.

day,

other

recommending

Removal

the

next

Trustee

Grossman

fees

of

at the

15)

7

7 of 22

the

next

Asher
it."

support

Fonvil

in the

mayor's
Village

Grossman,

advised

and

Sherry

Removal

legal
Board
Trustee

he and

that

McGill)

Proceeding:

bills
meeting,
Sherry

is

the

will

two

not

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

25.

from

Led

office

to Public

in the

costs

26.

his

moved

the

Second

Village

to pay

Bleakley

Village

Code

(the

ground

seek

attorney's

29.

"Decision

denial

And

(Exhibit

30.

March

7, 2017

the

To

legal

inter

alia,

Fee

basic

the

due

to have

fees

against

the

elected

duly

process

right

Village

Mayor

pursuant

for

pay

legal

his

Second

four

in

the

correctly

office,

the

Special

by

months

after

Removal

17,

February

for

to Public

Officers

concluded

in

Board

unlawfully,

Counsel

Lynch

to Bleakley

owing

Proceeding

pursuant

Removal

was

Village

The

Platt.

that

Board

that

Mayor

refusal.

Proceeding

2017

(Exhibit

an order,

Law

opposed

Proceeding

a party

in that

in a separate

Article

Department
Motion"

fees

Clarke

16),

inter

alia,

§ 18 and

the

Mayor

the

directing

Chapter

12 of the

Motion"
Motion").

Village

the

from

drafted

within

dated

Removal

fees

Referee

removed

Motion

Cause"

the

in the

the

be

attorney's

Fee

Show

Platt's

Petitioners

Special

78 proceeding

in

On

his

Code

a Resolution

Mayor's

Attorney's

"Order

Order

to remove

for

Village

not

to approve

Department

The

so hell-bent

no regard

after

below,

should

Article

"Attorney's

The

that,

Mayor

to pay

this

an

By

it had

12 of the

fully

refused

Mayor's

27.

the

the

Village

The

28.

more

that

commenced

timely

was

Platt.

described

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that

Chapter

§ 18 and

capriciously

authorize

Board

Majority

Proceeding

to Bleakley

Report

and

arbitrarily

then

Law

As

Referee's

would

Removal

Officers

"defense"

the

by Fonvil,

dated

not

denied

March

the

Attorney's

and,

proceeding

78 proceeding

Attorney's

1, 2017,

the

Fee

without

thus,

the

(like

here).

Motion

stating

any

Fee

a

by

express

Motion

Mayor

on

should

one-sentence

reason

for

the

17).

Bleakley

Platt

(Exhibit

18)

then

entered

to represent

into

him

a new

in the

"engagement

Removal

8

8 of 22

Proceeding

letter"

with

at a rate

the

Mayor

of $250

per

dated

hour.

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

Pursuant

RECEIVED NYSCEF: 02/15/2018

the Mayor

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 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

After

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amount
or the

of

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have
upon

been
request.

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

The
to

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932

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employees

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choice

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the

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as discussed

scope

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or

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of his

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scope

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provisions

statutory

counsel

alleged

within

acting

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1982,

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by a Village

out

taxpayer

of the

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Chapter

and

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employee

employee's

expense.

§18

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enacted

an elected

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duties.

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v.

Village

the

to authorize

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of

Laurel

a municipality

like

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the

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48

the

in defending

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no duty

to pay

to provide

N.Y.2d

348,

such

422

(1979).

Public

ofpublic

Officers

entities")

Law

provides

§ 18

(entitled

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in relevant

part:

11

11 of 22

and

indemnification

of

officers

and

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

"1(a)

RECEIVED NYSCEF: 02/15/2018

The

(b)

term

entity'

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for

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take

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the

necessary

request
five

for

of this
steps

on

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

behalf

of the

employee

resolution

pending
to provide

for

to avoid

of

entry

question

of any

a default

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in the

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Village

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or a copy

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12 is annexed

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of

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prescribed

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46.

discharge

pay

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in

request"

facts

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45.

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public

save

its

his

chief

day

employee

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to the

administrative

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by this

together

with

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is

notice,
with

served

such

added)

44.

Platt

upon:

request

demand
or pleading
."
documents..."
documents
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while

duties

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Code

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litigation

adopted

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under

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law

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employees.

adopted

(entitled

Local

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And

Number

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Indemnification

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which

is

copy

of

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23.

Village

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not

which

Code,

"defense

state

employee

was

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here,

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or federal

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in violation

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court

of any

occurred."

13

13 of 22

the

rule

tracks

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. . . arising

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acting

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out

scope

the

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alleged

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of the

of

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act or omission

service

Village

and

in the

at the

time

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

47.

Officers

to

The

Law

§ 18 and

authorize

Opinion

should

not

Attorney's

or his

initial

Code

The

indemnify.

charges
alleged
478

Hassan
652

758,

590,

(3d

litigation
F.Supp.2d

well

N.Y.S.2d
(3d

was

(Public
arising

(EDNY

404

(3d

602

within

Graziano

of their

Law

not

1997);

the

§ 18 "is

14 of 22

and

3),

the

that

the

(iii)

the

to

Higgins

25

§ 18 and

even

Platt,

ten

notice

than

the

duty

'insulate
v. Town

244

to ascertain
at the
1059,

public
of

807

employees
Southampton,

to

235

County,

employment

Mayor

if the

day

of Broome,

A.D.3d

Chapter

(10)

v. Hamilton

be reviewed
or her

Fee Decision

Law

the

v. County

of his

14

(Ex.

§ 18 is broader

of Albany,

2009).

with

Hunt

must

employment.'");

Officers

comply

intended

(i)

Report

Attorney's

to Bleakley

1988);

scope

v. County

§ 36

Loehr's

Public

Merrill

complaint

refused

despite:

Platt,

the Referee's

Law

Judge

Law

Cir.

(ii)

Public

19).

owing

Officers
(2d

Dept.

1997)("the

Officers
out

did

Public

F.2d

acting
of

fees

Proceeding

under

and

under

attorney's

851

Dept.

Matter

2006)

expenses
327

402,

employee

wrongdoing");
Dept.

Removal

to defend

duty

144

the

Mayor's

v. Fraccola,

N.Y.S.2d
that

the

(Ex.

case law

is obligated

14),

of

has unlawfully

Bleakley

Officers

Lynch

established

to

(Ex.

protection

however,

owing

Public

Counsel

"defense"

fee

Board,

fees

Lynch

under

Village

the

to pay

Counsel

office

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with

in the

attorney

2

664

from

The

defense

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from

removed

attorney's

the
Code.2

Village

Mayor's

the

from

Litigation,infra,

Village

A.D.2d

be

Consistent

Fonvil

12 of the

Letter

to

entitled

12 ofthe

to pay

Resolution

Fee

48.

in the

Chapter

Village

2017

January

Mayor

the

is clearly

Mayor

A.D.2d

whether
time

it
of the

N.Y.S.2d
from
613

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

provision

Officers

of Public

for

a defense

49.

Thus,

request

for

Bleakley

Platt

§ 18 and

Chapter

within

the

See

Hunt

ten-day
dismissed

due

Law

of

to petitioner's

requirements

are not

to be construed

Schenectady,

181

of this

circumstances

681

953,

Treasurer's

legal

representation.")

N.Y.S.2d

229,

Law

Officers

(2d

"is

§ 18[5]

Sharpe
proceeding
judicial
appellant
which
actions"

also

held

was

not

required
his

omitted).

Polak,

whether

pursuant
right

to serve
statutory
814

owing

Officers

to

Law

of

right
N.Y.S.2d

the

notice

for
note

claim

is not

of claim
to a defense

v.
day

78,

in the

enactment

and

at 330.

15

15 of 22

that

precedent
nature

of

of positive

the

right

to

814

777,
of Public

employer

indemnification

Officers

held

A.D.3d

28

provision

as a prerequisite

the

to Public

consistently

occurred

a condition

256

that

assertion

Sturm,

municipal

denying

to an employee's

notice

conduct

article

through

have

of

the

Saratoga,

pursuant

precedent

ten

the

we

for

of

(Public

respondent's

under

as a basis

the

statute

v. City

supports

v County

the

be

notice

of Polak

requirement,

that

Sharpe

afford

statute's

record

with

should

of the

the

a defense

a condition

of the

compliance

no

Matter

serve

not

complained-of

to CPLR
derived
a notice

Although

supra);

and
the

that

of

78 proceeding

proceedings

requirements

(see,

we

purpose

default

a "notice

of a legal

to enforce

(citations

that

brought

properly
enforcement

seeks

2006)

alia,

fees

(reimbursement

was

the

precedent

notice

be deemed

(The

notice

should

thereunder,

and

there
that

See also Walsh
("
1998)
("Concerning

written

not

to prevent

inter
investigate,
promptly
employment."
the employee's

a written

to Public

at 404

determined

10-day

failure
id.)."

Dept.

(3d

required

Hunt

Dept.

this

the

(see,

need

(citing

230

legal

Mayor's

§ 18 in an Article

though

the

has

844).

with

that

representation

requirements

with

court

N.Y.S.2d

890

the

with

3

Mayor

pursuant

N.Y.S.2d

contends

as a condition

find

889,

to tender

precludes

notice

This

to comply

we

the

pay

to POL
even

him,

to comply

reimbursement

N.Y.S.2d

failure

§ 18(5)

statute's

case

for

claim

petitioner's

Law

failed

652

supra,

"Respondent

585

233,

petitioner

that

A.D.2d

A.D.2d

to

on the

Proceeding

pursuant

against

failure

We disagree.

assertion

County,

§ 18[5]).

§ 18[5].

Officers

Petition

Removal

supervisor

proceeding

provision

notice

of the

Clerk

Village

to the

Code.

to town

a § 36 removal

following

Petition

Village

the

in the

v. Hamilton

awarded

costs

costs

Village

service

order

should

Court

"defense"

his

after

days

the

deliver

§ 18(5),i.e.,

ten

12 of the

³
"defense"

Law

an opportunity
within

the

to

scope

to a special
mandamus,
law.

to maintain
in the

seeking

Therefore,
this

the

proceeding

underlying

of

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

Three
and
Pursuant

50.

outside

of the

the

the

duties

Removal

Proceeding.

51.

In Board

e_t_all, Supreme

ordered

Of

legal

defense

52.

Board

rate

there

fees

pursuant

Attorney's

to retain

in

undertaken

in the

where

the

there

good

v.

February
(The
March

and
19,

Attorney's
3, 2015,

of

"Decision
restored

the

to

pay

the

Code

Supreme

the

action

Rockland

Court,

legal

Mayor's

or proceeding

all

him,

(the

"Fonvil

that

the

Village

out

Judge

(the

in

Delhomme,

is obligated

Code

to

as applicable

Litigation"
Litigation"),

Village

fees

arises

et al. v. Demeza

Valley,

the

2014

there
Fee

And

was

Decision

is incorrectly

the

counsel

faith

or was

Loehr

to pay

"Attorney's

disqualified

the

Fee

260,

a falling
(Ex.
dated

out
24),

645,

Loehr

between

which

that
Fonvil

was

as February

the

by

27,

filed
2014

16

16 of 22

Majority
to the

and
with

the
the

instead

the

action

to act,

at 455;see
Matter

of
1974

1991];

Board

to challenge,inter

was

a nullity.

overturned

December
."
Mayor..."
Mayor
. .
Rockland
of

Majority

official

refused

Board

action

"[b]etween

an
his

(id.

acting

in that

of

of

with

268
[1984];
[4th
646
Dept

of Fonvil

noting

defense

the

Mayor'
Mayor's

expense

or he has
from

NY2d

commenced

Board,

the

or

attorney,

his appointment
Order"
of Judge

to the

at

(which

on the

in conjunction

and

62

was

based

prosecution

interest

application

Mayor's

expense,

175 AD2d

that

Fonvil

granted

Amelkin,

Litigation

declaration

Mayor's
2014

12

is no municipal
of,

Inc.

Fonvil

The

14,

Chapter

employ

Wilsonv.AlleganyCounty,

declaration

Spring

2015

in

Fees

Village

to represent

286/2014

at Village

public

incapable

Commco,

March

Of

27,

to

to

municipality

or was

alia,

when

February

counsel

authority

duties

the

Village

hour

Legal

12 of the

attorney

no.

Decision

Fee

outside

"implied

4

per

Village

index

dated

Chapter

the

Village

The

County,

Order"

ordered

is no

For

Trustees

Pay

Board

the

Mayor's

proceedings

prior

of $250

the

24).4

The

opposed)

at the

and

And

Exhibit

Decision";

Mayor

Between

Court
to

§ 18 and

three

the

Rockland

Court,

in a "Decision

Mayor's

and

Platt)

official

in

this

Village

Law

rulings

Board

in

the

Officers

and

(Bleakley

Mayor's

Ordered

Public

Decisions

counsel

Proceedings

Mayor
to

between

County,

Separate

the

2015.)

the

The
Mayor'
Mayor's

2, 2013
(Exhibit

County

Clerk

and
25).
on

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

NY

Op

(Ex.

24

and

Village

The

for

authority

since

Attorney's

the

why

the

Fee

Village

Mayor's

Decision

was

the

actions

grounds

Spring

the

scope

Village
This

within

action

his

public

service

is against,

as Mayor

and

Village

Code

turn

any

event,

scope

of

the
office

Accordingly,
to retain
as the

as
the

counsel
Feerick

that

of
Of

within

the

granted

as Mayor.
Mayor

took

determined

of

the

and

the

him

in this action
Village."
by the

to be paid

were.

they

him

by

(see

duties

yet been

officer

is

by him

actions

undertaken

motion

Mayor

course,

as Mayor:

of

Village

his

of his

upon

the

took

the

executive

motion

Mayor

has not

service"

public

of

as additional

counsel

to outside

within

actions

undertaken

the

to represent
firm

the

12-3.4

were

the

oppose

12-2,

statutes,

actions

of his

discharge

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fees

scope

actions

§§
the

litigation,

certain

authorized
rate

after

out,
with

on

in

the

legal

the

not

[sic]
and

Code

Valley

that

in

of

himself

to bring

12

§

the

Board]

where

is predicated

Trustees.

hourly

as

Mayor
of

Board
Mayor
at the

is
same

at 4-5)

54.

argument

the

Footnote

that

ten

the

4

Mayor

notice

day

".

. . the

he failed
of

service

knew

( Id.

of in this

comport

in

and,

Law

it may

not

failed

Mayor

of Spring

While
did

Majority

12

Mayor's

the

"within

[the
the

of

action

were

Local

Valley

complained

with

action

he took

Chapter

to pay

at issue

that

cites

obligated

"Plaintiff/Petitioners

(Id

actions
him."

on

to defend

Attorney

. . .The

324343)

is based

at 4)

53.

choice

is no

WL

1974

199,

Mayor

the

primarily,
there

Gen

Atty

at 5 fn.

in

lost

the

the

Attorney's

right

to have

provision

of Village

argument

that

to deliver

the

is frivolous.
said."
what
it

the

the

Village

Code

Mayor

Complaint
As

Decision

Fee

the

rejected

pay

for

as

his

"frivolous"

defense

if he did

§ 12-4:

lost

the

to the

right

Village

Plaintiffs/Petitioners

4)

17

17 of 22

to a defense
Clerk

because

within

10 days

prepared

it, they

the

not

Board's

comply

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

55.

So

provision

was

of Public

not

the

(Ex.

The

Board

defense

to Bleakley

Platt

days

before

Fonvil

57.

this

Court

Board

-

which

Fonvil

fees

for

its

paying

Mayor's

tenure.

dated
the

times,

November
Removal

he was

privy

Board

their

8, 2016

Platt

Jean

as the

"law

of the

(Mr.

Gerard).

was

briefly
the

represented

30,

2015

Proceeding
to confidential

also

by

to disqualify

the

Village

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ten

the

in

the

and

in his

Board

Petition

in

the

payment

Village

Fonvil

notice

day

Code,

Village

any

case"

local

of

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7, 2017

February

in that

(See

the

pgs.

Mr.

communications

the

- entitled

Mayor)

no.

803/2016

Fee

the

transcript

Deputy
and

18

18 of 22

2017,

favor

to pay

$250

per

of the

Bleakley

hour

of that

rate

hearing;

the

its political

and

economic

&

In a "Decision
granted

representing
Mayor

as the

the

the

early

Order
Mayor's

Petitioners

Village

Deputy

Mayor

Spring

Clerk

during

Department

the

Clerk

20,

the

of

Attorney

personally.

from

in

Village

of the

with

Village

against

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Decision

22-23

Second

Gerard,

on April

Village

(the

same

Gerard

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away

Board

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at the

Fonvil
26),

the

action

Board

Majority

he passed

by

ordered

Village

in

alia,

proceeding

index

(ii)

inter

until

by William

signed

charges.5

Attorney's

and

and

drafted

Mayor,

counsel"

another

Loehr's

was

corruption

et al.,

representing
(Exhibit

against

represented

Mayor

the

representing

including

in

the

allegations

to approve

the Petition

in

Charles,

Judge

He

the

publicity

as confirmed

"house

hearing

cited

Gerard

about

throughout

on felony

indicted

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Mr.

numerous

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attorney

5

behest,

v. Herby

Litigation

defense

at Fonvil's

was

Eisenpress:

inception

Proceeding,

essentially

a July

of Trustees

Judge

was

At

(in

was

refused

12 of the

Chapter

significant

with

complied

15).

the

and

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of

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§ 12-4

it knew

steadfastly

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represented

Litigation,

five

has

Moreover,

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Esq.,

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1),

whether

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§ 18[5]

since

way

in the

fees

56.

Law

any

Mayor

newspapers.

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in

of

regardless

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Officers

prejudiced

against

letter

too

in

Valley

Litigation"
Litigation")

Mayor

in the

Platt's

that

the

legal

Board

Exhibit

days

27).

of the

interests
Motion"

On

motion
therein
Attorney.

in
since

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

An Article

58.

on behalf

of the

Village

of

31849/2016

for

the

pay

and

the

use

any

that

ordered

that

the

at the

"the

of

per

Mayor's

Order

he cites

dated

the

Mayor,
Village."

28

of

held

in

Municipal

earlier

to

Spring

in

annul,

that

a Village

the

Law

the

absence

no.

of

any

Treasurer

Village

purchase

Fonvil

index

Valley,

the

of the

of an automobile

Litigation

violated

the

§ 103.

Judge

Loehr

Attorney's

to pay

Of

commenced

as Mayor

Delhomme,

resolution

Board

Platt

Bleakley

Fee

issued

a "Decision

Decision

in the

Platt's

Bleaklely

legal

Fonvil

fees

Order"

And

Litigation

in representing

hour:

to retain

same

14,

the

counsel

in a very

2015;

real

based

proceeding,

Mayor's

to be paid
in this

as stated

reasons

of that

justifying

The

as a result

obligated

February

is a continuation

Village

Litigation,

his

application
for

Of

sought

previously

is similarly

is granted

(Exhibit

Loehr

that

Demeza

2016

or benefits

action

entitled

Litigation"
Litigation")

Resolution

$250

Trustees

of General

wherein

Court

a March

salary

Judge

Village

rate

Of

Mayor,

requirements

3, 2017,

in this

Board

In the Automobile

February

Mayor

the

Mayor

bidding

59.

dated

the

Board

Resolution

against

Mayor's

competitive

The

v.

"Automobile

judgment

not

the

against

Valley

(the

monetary

should

Mayor

Spring

judgment

78 proceeding/declaratory

for

need

by

Court's
sense,

counsel

Village

Decision
this

the

on what

the

and

proceeding
Mayor

to be paid

for

did
by

as
the

at 6)

FIRST

CAUSE

OF

(Declaratory

60.

The

Mayor

61.

The

Court

repeats

ACTION

Judgment)

the

allegations

in

paragraphs

declare

that

Village

1 through

58

as if

fully

set

forth

herein.

18 and

Chapter

12 of the

should

Village

Code:

the

(i) to pay

the

is obligated

Mayor's

19

19 of 22

unpaid

under

attorney's

Public

fees

Officers

that

Law

are

owing

§

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

by him

RECEIVED NYSCEF: 02/15/2018

to Bleakley

31,

January

Removal

2018

Platt

and

in the

(ii)

Valley,

Village

the

of

Village

(i)

Mayor

Petitioner-Plaintiff

demands

Spring

for

of $132,327.59

which

$15,000

is obligated

Pay

the

2018;

(ii)

and

the

under

Mayor's

Demeza

on his First

ajudgment

Valley

Removal

Dated:

the

amount

he paid

accrued

to Bleakley

through

Platt

in the

Proceeding.

of Spring

that

in the

Proceeding

to reimburse

WHEREFORE,

the

Removal

Board

Public

unpaid

Proceeding

Of

in

the

Of Action

of the

Trustees

Law

attorney's

amount

against

that

of

Of

Spring

by him

$132,327.59

of the

Valley

12 of the

Chapter

are owing

Mayor

Village

Respondents-Defendants

Village

§ 18 and

fees

former

declaring

Village

Code

to Bleakley

Platt

through

January

accrued

to:

in the

31,

and

Reimburse

the

Proceeding

pursuant

to their

deems

appropriate.

as the

Court

White

Plains,

February

Cause

Officers

the

Delhomme,

15,

Mayor

New

for

$15,000

which

engagement

he paid

to Bleakley

for

and

letter,

in the

Platt

such

other

and

Removal

further

relief

York

2018

BLEAKLEY
Attorneys
Demeza
Village

&

PLATT
for

Petitioner-Plaintiff
as Mayor

Delhomme,
of Spring

KENNETH
One

North

/', 4. »C.

Plains,

(914)

949-2700

kbrown@bpslaw.com

20

20 of 22

BROWN

Lexington

White

of the

Valley

„yl,,

By:

SCHMIDT,

NY

Avenue
10601

(tel)

(

LLP

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 02/15/2018

VERIFICATION

NEW YORK

OF

STATE

)
)ss.:

COUNTY

OF ROCKLAND

DEMEZA

DELHOMME,

"PETITION/COMPLAINT"
except

those

those

matters,

)

matters

know
therein

I believe

them

which

being
the
are

duly

contents

stated

to be

sworn
thereof,
alleged

says:
and

the

upon

I
same

have

read

are true

information

the

to my

and

belief

to be true.

r1
DEMEZA(D

Sworn

me this

to before
day

of

February,

NOTARY

2018

PUBLIC

STEPHAN1E MONDELLO
Notary Public, State of New York
No 01MO4946377
Coun
Qualified
mioe'in Putnam
r
unty
Certifcate Filed in Westch
tpiras
a
m
~ [ + 11o

21 of 22

LHOMlŸIE

annexed

knowledge,
and,

as to

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 1

SUPREME

COUNTY

RECEIVED NYSCEF: 02/15/2018

OF THE

COURT

STATE

NEW YORK

OF

OF ROCKLAND

X

------------------------------------------------------------------------X
In the

of the

Matter

DELHOMME

DEMEZA
Village

Application

of

:

of

(the

former

Mayor

of

the:

Index

No.

Valley),

Spring

:
Assigned

Petitioner-Plaintiff,

Judge:

:
-against-

THE

VILLAGE

THE

BOARD

VILLAGE

OF
OF

OF

SPRING

VALLEY

TRUSTEES

SPRING

and

THE

OF

:

VALLEY,
:
Respondents-Defendants.

X

------------------------------------------------------------------------X

OF PETITION

NOTICE

SUMMONS

and

with

PETITION/COMPLAINT

(Article

78

Special

BLEAKLEY
Attorneys
(the

Judgment

Proceeding/Declaratory

for

Former

4 SCHMIDT,

PLATT

Demeza

Petitioner-Plaintiff
Mayor
One

White

of the

North

Village

of Spring

Lexington

Plains,

New

Avenue
York

(914)

949-2700

(tel)

(914)

683-6956

(fax)

22 of 22

10601

LLP
Delhomme
Valley)

Action)