FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

INDEX NO. 030822/2018
RECEIVED NYSCEF: 02/15/2018

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I
IC

'I
I

I

COURT

SUPREME

O F THE

OF NEW

STATE

SECOND

DIVISION:

APPELLATE

YORK

DEPARTMENT
gT

X
In

the

Matter

of the

HEYWARD
and
TAMMY

D.

of

TEAL

YVETTE

REED,

TYNES

G. BOOTH,

of Spring

Village

Application

No.No.

Index
Citizen

Valley

™
57&
37&

Residents,

NOTICE

OF

PETITION

Petitioners,
I

'-.

~~

Ê

-against-

DEMEZA
Village

DELHOMME,
of Spring

Mayor,

Valley

Respondent,

For

the

of a public

removal

pursuant

officer

Officers

to Public

Law

5 36.

X

TO:

THE

TAKE

PLEASE
the

2015,

located

am,

as

soon

Public

Officers

Mayor

of

fees,

will

costs

the

and

Monroe

Village

other

upon

make

Place,

thereafter

Law

RESPONDENT:

that

NOTICE,

undersigned

at 45

or

NAMED

ABOVE

the

an

Brooklyn,

of Spring

such

further

to

N.Y.

11201,

maybe

heard,

DEMEZA

removing

Valley,

or

N.Y.,

different

verified

Petition,

application

as counsel

3 36

annexed

this

on

Court

for

an

DELHOMME
and

awarding

relief

at the

February

as this

order

courthouse

9, 2015

at 9:30

pursuant

to

from

the

position

petitioners

Court

15,

January

of

attorney

deems

just

and

proper.

I

1

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018
~bb
I
l

PLEASE
blaW'
Department
the

Valley

Judicial

TAKE
is

FURTER

NOTICE,

designated

as the

that

venue

the

I

Appellate

of this

Division,
on

proceeding
Department

for

Rocldand

Second

'

County

in

which

the

lies.

the

basis

'
Village

of

Dated:

New

Palisades,
January

York

15, 2015
Yours,

etc.

William

A.

>4,,!
for

Attorney

HEYWARD
YVETTE

TAMMY
71Woods

Lawrence
A.
Weissmann,
2
Crossfield
Plaza,
Suite
West
Nyack,
N.Y.
10994

Palisades,
Tel.
(845)
Fax
(845)
Cell
(845)

of Counsel
210

2

Gerard
Petitioners
D.
REED,

TEAL
G.

TYNES,

and

BOOTH
P.O.

Road,

New

York

365-3121
365-4036
729-8064

Box
10964

717

that

Spring

it is

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

SUPREME

L

COURT

APPELLATE

OF NEW

STATE

OF THE

SECOND

DIVISION:

YORK

DEPARTMENT
X

In

the

of the

Matter

HEYWARD
TAMMY

D.

of

YVETTE

REED,

TEAL

TYNES

No.~6'

G. BOOTH,

and

Village

Application

of Spring

Inder
Citizeñ

Valley

i~

No.

Residents,

VERIFIED
PETITION

Petitioners,
-against-

DEMEZA

DELHOMME,
of

Village

Mayor,

Valley

Spring

Respondent.

I'ForVl

the
LILY removal
to

pursuant

of a public

Public

officer

Officers

Law

5 36

X
Petitioners,

herein

Petition,

their

by

allege

respectfully

remove

DEMEZA

respondent,

New

Valley,

York

for

a public

trust,

connotes

an

of duty,

dereliction

pattern

ongoing

as Mayor

Verified

belief:

corrupt

irrational

of misconduct

Village

abuse

public

to

financial

activities,

in

§ 36

of Spring

violation

wrongdoing,

behavior

and

Law

Officers

of the

intentional

turpitude,

and

their

and

Public

to

mismanagement,

moral

malversation,

impropriety,

information

pursuant

DELHOMME,

malfeasance,

for

STATEMENT

is commenced

proceeding

as and

Gerard,

upon

as follows

PRELIMINARY

1. This

A.

William

attorney,

office

of

that

of authority

PARTIES

a. At

TEAL
Village

TYNES

of

all

times

and

Spring

relevant

TAMMY
Valley,

herein,

G.

County

BOOTH

HEYWARD

petitioners

have

of Rockland,

been

State

and

are

of New

D. REED,

citizen

York.

residents

YVETTE
of the

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

(
\
3.

all

At

relevant

is a resident

been

and

New

York,

and

New

Valley,

times

assumed

has

York,

office

of

been

the

Village

and

is the

been

having

on

of Spring

elected

This

remove

the

on

Spring

Valley,

Department,

being

DEMEZA

MISCONDUCT,

York.

the

November

public

Respondent

office

pursuant

judicial

the

State

and

2013,

as Mayor

in

of Spring

having

has

engaged

in

Public

the

Law

of

Village

Second

Division,

holds

respondent

warrants

which

Law

5 36 to

office.

AND

OFFICE

IN

conduct

Officers

Organizational

of the

Appellate

which

Officers

MALADMINISTRATION

MALFEASANCE,

3 36,

his

as described

removal

from

below.

Irregularities

W.

Jerrold

At

of Rocldand,
Village

to Public

in the

department

Employment

6.

has

VENUE

DELHOMME,
is proper

Venue

to

5,

pursuant

MALVERSATION

5.

of the

Mayor

AND

is commenced

proceeding

New

County

DELHOMME

2, 2013·

December

respondent,

Valley,

elected

duly

JURISDICTION

4.

DEMEZA

respondent

herein,

Miles

of the

Meeting

Spring

Valley

Village

Board

held

3
on

or

about

W. Miles

Board

December

as Village

in

violation

2, 201

Attorney

of Village

, respondent,

without

Law

acting

approval

5 4-4oo(c)(i).

2

by

as Mayor,

a majority

appointed

vote

of the

Jerrold

Village

of

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

7. After

assumed

payment

received

8. The

brought

to

from

failure

the

in

9. On

Rockland

or

W.

Miles

created

for

the

be

provided

only

to

ones

Valley

Village

Board

11.

of

the

12.

majority

proposed

Village

Board

declined

to

to

supply

of the

vote

Village

disapproving

proof

caused

false

proposed

these

Village

the

were

of

submitted

approval

by

on

to be

W.

Jerrold

Village

Board.

Board

Miles

Public

to

meetings,

Minutes

for

Board

of

of Minutes

that

Village

the

appointment

a set

stating

falsely

kept

from

of proper

of all

a vote

are

the

approval.

respondent

25,

February

to the

2014,

but

the

so.

to

the

the

March

Rockland

11, 2014,

of Spring

the

Village

Deputy

of Jerrold

appointment

On or about

for

be

to

Minutes

caused

them

was

Attorney

DEMEZA

to an inquiry

of the

to

then

as Village

vote

submitted

do

has

as such.

services

a majority

but

for

time

that

respondent,

response

2013,

request,

on

false

proper

of Trustees

Minutes

and

Respondent

and

Minutes

public

created

The

Spring

requires

the

ever

to.

proof

§ 106

in

2,

by

his

Miles

including

respondent

Attorney,

Attorney

since

Miles

2014.

of December

meeting

as Village

Law

Officers

officials,

of Personnel

as Village

W.

Jerrold

7, 2014,

February

for

W.

Jerrold

2, 2013,
and

Valley

Spring

February

Department

Jerrold

approved

and

December

Attorney,

appoint

of Village

about

County

of

to properly

January

on

Village

Valley
Village

the

attention

DELHOMME,

was

of Spring

duties

the

appointment

purported

his

County

W.

Miles

at a regular

Clerk

"certified"

Minutes

3

"certify"

as Village

meeting

that

the

false

of Personnel

Department

a Resolution

Valley,

to

as

Attorney.

of the

was

duly

had

been

Village

passed

supplied

Board

by

to

the

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

I

Rocldand

P

of

Department

County

as proof

Personnel

of the

proper

of

appointment

~td
Jerrold

Miles

W.

appointment

used

13·

an

despite

the

14.

in

health

the

degree

and

§ 195.20)

and

15.

the

degree

ist

a False

Offering
represents

of false

Spring

Valley

Jerrold

W.

Board

195.oo),

Fraudulently

Records

in

degree

(P.L.

the

(P.L.

of Trustees

end

Obtaining

degree

5 175.25)

r75.35).
5 175.35).

2nd

(P.L.

5 175.25),

for

(P.L.

and

December

the

Official

(P.L.

by

Instrument

(P.L.

continued

Village

of

of

employment

(P.L.

Misconduct

Public

Filing

5

Business

Falsifying

for

5

and

of the

meeting

(P.L.

respondent.

filing

With

With

Government

1st degree

5 165.20),

Tampering

a False

the

the

§ 195·OO),

Tampering

preparation,

to justify

as Village

Grand

(P.L.

funds

2, 2013

a Signature

Offering

in

Miles

constitutes

Defrauding

the

directing

5 175-05),

W.

3 175·O5),

Filing

to

contrary.

Misconduct

of Village

order

to the

of Jerrold

(P.L.

degree

continues

$126,.o49.50,

appointment,

constitutes

Attorney

be

as Village

he

but

2014,

11, 2014

Official

5 155.40),

in

not

to function

totaling

payment

defective

of the

Minutes

December

of March

in

must

funds

continued

benefits

Instrument

actions

as Village

Miles

in

and

the

Village

that

Miles

a misappropriation

Respondent's

certification

in

Records

in

W.

pension

of his

purported

his

as such.

Resolution

(P.L.

and

legal,

employment

Business

Records

and

that

declaring

to work

coming

awareness

2nd

the

Falsifying

degree

Jerrold

of

full

with

175.35),

11, 2014,

Respondent's

Attorney,

Larceny

services

salary,

existence

nor

his

stopped

he

annual

receive

for

March

until

Attorney

effective

him

After

and

Attorney,

neither

was

compensate

to

Public

as Village

Records

in

the

in

ist

the

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

16.
I

With

W.

Jerrold

separate

each

period,

the

filing

and

Miles

and

pay

the

of compensation

payment

of all

payroll

forms

On or about

Village

Valley

18.

1, 2014·

On or about

December

Attorney,

Village

Clerk,

had

without

Spring

now

As

waste

M.

the

and

to

her

M.

obligated

until

failed

of village

Trustees

At

the

held

on

about

the

Law

Spring

7 purported

employment

just

Law

§ 36·

since

there

from

office,

appointment,

of

term

her

§ 30, , without

Officers

and

3, 2012,

before

officer,

Public

appointed

of

cause

was

and

no

post.

Scott's

discharge

illegal

to pay

her

a successor

salary,

health

is appointed

Katherine

replacement,

and

pension

as Village

H.

Ball,

the

benefits

while

Clerk,

which

Village

also

represents

a

by respondent.

funds

Organizational

or

terminated

Officer's

Kathryn

21.

was

of respondent,

public

a holdover

$89,268.75

misuse

represent

December

behalf

wrongfully

an appointed

of Sherry

of her

on

2, 2013,

is now

appointed

Scott

commencing

under

Scott

M.

Sherry

intervention

is legally

costs

2013,

of Public

violation

a result

Valley

documents

to

Scott

of office

Miles

Scott,

judicial

Sherry

totaling

paying

in

properly

so.

of

M.

Sherry

seeking

successor

W.

Jerrold

ended,

19.

a term

with

December

Village

office

22,

January

Clerk,

terminating

benefits

offenses.

distinct

Sherry.M.

17.

and

and

H.

of the

Meeting

December

Ball

2, aox4,

~O'

5

Spring

)»

respondent,

Valley

Village

Board

acting g as Mayor

of

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

C
(
I

appointed

H.

Kathryn

Ball

as Village

approval

without

Clerk,

vote

a majority

by

of

I
the

Village

Board

22.

In

of Trustees

response

to

in

violation

an inquiry

Law

of Village

the

by

Rockland

§ 4-400(c)(i).

of

Department

County

. .

made

Personnel

on

writing
was

and

Clerk

and

health

24.

represents

defective

155-40),

2nd

pension

The

payment

Official

for

26.

Katherine

separate

H.

and

thus

far

H.

of village

of

Grand

H.

Larceny

in

Public

the

Government

(P.L

§ 195 .20)

(P.L

5 175-35).

each

Ball

distinct

and

pay

the

degree

period,

the

payment

filing

of all

payroll

offenses.

2nd

awareness

degree

in

the

and

est

§

in

degree

the

(P.L

a False

Offering

documents

of her

(P.L

Records

of compensation

forms

salary

respondent.

with

and

her

as aforesaid

by

Records

With

1st

to pay

Business

Falsifying

Tampering

the

's appointment

$ 89,268·75·

Ball

Ball,

the

5 175-05),

in

Ball

day)

funds

Kathryn

5 195.oo),

H.

this

Clerk

Clerk.

approximately

totaling

to Kathryn

employment

(P.L

(to

as Village

Village

Kathryn

continues

in

acknowledged

's appointment

as the

that

misappropriation

constitutes

Filing

With

Village

Ball

serve

of compensation

and

Defrauding

Instrument

the

Misconduct

(P.L

H.

longer

no

benefits,

continued

The

Kathryn

awareness

invalid,

appointment

§ 175.25),

-

was

and

degree

could

respondent's

a misuse

25.

that

respondent

7, 2014,

February

2014

she

that

Despite

as Village

about

20,

February

invalid,

23.

or

on

and

benefits

represent

to

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

1

I
\

Frank
1

Youngman

D.

'<cA

On or about

27.

terminated

the

violation

of

without

D. Youngman

and

pay

benefits

29.

the

or

result

village

of

his

obligation

by

20,

position

to

as a village

give

back

On or about

the

acts

along

with

approval,

Village

her

31.

duly

authority

to

Treasurer.

to

the

violating

liable

Valley

On or about

Trustees

reduced

to reinstate

forced

with

Inspector

Safety

benefits

to Frank

represents

passed

January

back

as

D. Youngman

and

a waste

restore

terms

for

14,

reduce

her

salary

and

unpaid

2014,

the

to

Barton's

$74,ou.oo,

+~V

7

of the

of

misuse

respondent

Village

to

$74,011.00

without

obtaining

employment

contract

and

salary

Village

respondent

was

pay,

and

with

back

ofSpring

$40,000.o0,

Village

and

Board

making

benefits.

Valley

Spring

that

declaring

Sonia

from

of her

her

as Mayor,

acting

Director

salary

cause

just

a Resolution

arbitrarily

while

Barton,

her

without

benefits,

Spring

and

Board,

Barton

2013,

of Sonia

and

Bureau,

thereby

of

December

responsibilities

Youth

Valley

was

Fire

and

pay

Sonia

reduced

in

respondent.

r

30.

Village

of the

respondent

2013,

unauthorized

respondent's

funds

D. Youngman

Frank

approval

respondent

$844.11.

totaling

The

the

without

§75,

as Mayor,

acting

Inspector

Safety

December

to

while

2013,

process.

due

On or about

28.

Frank

Law

Service

cause

13,

of Fire

employment

Civil

just

December

authorizing

pay

and

Board

of

without

the

benefits.

Village

the

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I'
I

I
I

32.

Resolution

after

restore

to

jailed

being

33.

The

obligation

result

of

respondent's

funds

by

respondent.

over

contempt

to

give

back

as Village

discharged

On or about

35.

Recreation

Leader

discharged

her

of

violation

Personnel

Civil

directed

Leader

(part

for

37.

respondent's

time),

her

The

unpaid

respondent

on or

which

obligation

her

he

unauthorized

and

Barton

as the

misuse

of village

who

Scott,

about

was

McGill

was

as Village

serving

as Mayor,

just

or

cause

illegally

2, 2013.

December

acting

the

to her

failed

unilaterally
due

process

do

until

give

acts

back

May

Department

County

discharge

position

previous

to

Rocldand

McGill's

Sherry

of approximately

to

M.

without

7, 2014,

that

salary

release

in

5 75

February

restore

Sonia

to

a waste

Sherry

respondent,

employment

respondent

to

of his

McGill

of Sherry

and

Law

benefits

represents

2, 2013,

time),

Village

Service

advised

was

liable

(part

from

by

he

but

benefits,

as a condition

daughter

December

On or about

36.

he

Clerk

and

pay

the

with

comply

noir)

and

pay

acts

is the

McGill

Sherry

back

with

August

Sherry

34.

to

$40,000.00

in

unauthorized

refused

and

salary

to her

civil

for

failed

Barton's

Sonia

payment

authorized

finally

respondent

Thereafter,

was

as Village

14,

2014,

of

and

improper,

Recreation

making

the

Village

$6,120.oo.

to

pay

represents

Sherry

a waste

respondent.

8

McGill

and

as a result

misuse

of Village

of

funds

by

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

1

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I

Lorraine

On or about

38.

approved

position

appointing

her

position

Y.

December

that

Assistant

as Confidential

to

respondent

position,

Assistant

to

Morse

Floyd

Y. Inzar

Lorraine

2, 2013,

as a Confidential

to

and

Inzar

the

but

Mayor,

Floyd

appointed

the

occupied

an
of re-

instead

Morse

to that

Mayor

at an unapproved

annual

re-appointed

to the

of

salary

of

$64,575.oo.

39. .Al

though

Confidential

be

Assistant

continue

to

in

her

pay

direct

and

the

an

and

despite

that

civil

health

of compensation

payment

of village

funds

by

approved

by

42.

Aaron

about

Aaron

appointed

of

On or

the

By

Morse

Village

duly

was

passed

set

the

the

could

and

of

used

Y. Inzar

continue

her

Village

on

to

to

funds

in

$11,961.55,

of Trustees

Board

Lorraine

not

allowed

has

amount

Rocldand

the

1/14/14.

constitutes

a waste

respondent.

December

Morse

by

to

Aaron

41.

in

by

respondent

Valley,

benefits

passed

duly

Y. Inzar

title,

Spring

position

advised

being

Lorraine

service

of

Village

of a Resolution

The

misuse

that

approved

pension

salary,

and

Mayor,

of the

employ

violation

40.

been

of Personnel

without

employed

not

to the

Department

County

had

she

Morse

2, 2013,

to the

position

Board

of Trustees)

Resolution

at $35,ooo.oo

respondent,

of Legislative

of

acting
Aide

as Mayor,

at a salary

(never

of Trustees,

the

of $55,000.00.

the

starting

Village

June

Board

1, 2014.

salary

 INDEX NO. 030822/2018

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NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

i
I

43.

amount

The

approved

ultimately

Village

of compensation

payment

funds

for

to

position

the

represents

Joseph

On or about

appointed

full

Joseph

time

of Joseph

2014,

(not

By

beyond

that

prior

set

Chief

Chief

47.

this

new

48.

wrongfully

assigning

In

in

On

or

and

his

writing,

about

unilaterally

rnanageHal

time

for

and

misuse

the

of

Walter

Booker

which

to

the

refused

respondent,

to Assistant

10

benefits.

the

salary

starting

June

to Joseph

Gross

funds

any

at a

by

1,

over

respondent.

Booker

respondent

and

all

ordered

permits

to

Jewish

Ushry.

advised

Chief

With

(totaling

noir,

deny

Yahuda

5, 2014,

demoted

duties

December

respondent

February

position

existing

Booker

week

benefits

Inspector,

in

Assistant

of Trustees,

a 17 hour

and

salary

the

Board

of Village

and

Walter

for

as Mayor,

of $55,000.00,

misuse

office

Walter

response,

policy

and

of Administrative

Village

hour

per

of full

Horowitz

Manasha

developers,

at $30.oo

taking

Inspector,

Building

a waste

acting

Board)

of the

Building

after

Shortly

position

Village

Resolution

a waste

respondent,

time

the

permitted

was

represents

46.

part

by

payment

which

$25,500.o0)

beyond

Gross

2, 2013,

the

approved

was

the

to

passed

duly

Gross

and

December

Gross

salary

45.

and

respondent.

by

44.

above

Morse

Aaron

Building

Building

respondent

to

that

he

should

put

do.

acting

Inspector,

Inspector,

as Mayor,

Walter

Manny

Booker,

Carmona,

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

On or about

49.

the

7, 2014,

February

Rocldand

Department

County

of

~~El
advised

Personnel

that

explaining

Booker

that

connection

received

with

all

applications

Booker

met

to

the

the

summoned

the

Walter

all

52.

being

sent

prior

order,

and

removed

submitted

Walter

Booker

to

advised

receive

before

was

Of6ces

to

until

this

Walter

order,

and

they

the

worked

were

of the

a copy

sent

check

police.

him

the

to

failing

he

checks,

incoming

for

mail

his

follow

order

Department.

the

that

these

permits

suspended

intercepted

finding

berate

process

by

by

Department

issued

upon

respondent

any

processed

direction,

respondent

Finance

and

in

back.

2014,

office

to

Building

were

and

to the

he

Village

his

to

Treasurer

whereupon

from

received

and

Pursuant

by the

to Walter

Department

be received

permits

29,

demotion,

a direction

Building

at respondent's

Department,

Booker

the

issue.

received

no

previous

issued

by

could

December

checks

to the

were

Building

Department

fees

and

receipt

On or about
to

Building

the

the

Chief

the

"proposal."

instead

permits

demote

to

authority

rescinded

processed

Treasurer

Treasurer,

without

respondent

2014,

must

Village

Treasurer's

addressed

23,

any

whereby

Village

51.

have

the

with

a procedure

and

to

before

was

a

merely

and

fees

Treasurer

on

May

the

Village

he

respondent

was

action

his

On or about

so.

out

whereupon

Inspector,

Building

that

respondent

by

Village

fees,

could

respondent

Code

explaining
as per

issue,

for

requires

that

the

they
Mayor'
Mayor's

"insubordination,"
"insubordination

the

were

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

Marshley

Leroy

C~
53.

On or about

respondent's

an

the

December

political

Services

Office

Village

and

description,

54.

application

when

Office

to

On or about

on

or

was

directed

the

employed

Village

as Mayor,

acting

approval

of Public

of the

(a son

Leroy

the

by

Department

about

29,

January

Rockland

appointment

and

Marshley

of Spring

Valley

re-assigned

him

Works

Village

of

of one

or the

from

of his

in violation

Board

as

job

Rocldand

of Personnel.

to the

temporary

2013,

respondent,

the

without

Department

County

was

enemies)

Aide,

Clerk's

16,

for

Marshley

return

to immediately

at the

Leroy
that

5, 2014,

February

of Personnel

Department

County

submitted

respondent

2014,

him

to

was

a 60-day

of Public

denied,

at the

station

his

for

Department

application

a belated

and

Works,

respondent

Village

office.

Clerk's

I~~I
55.

Despite

his

and

station

over

Village

the

at the

denial

2/5/14

respondent,

appointment,

Personnel

the

the

Board

Village

of his

of Trustees,

Clerk's

office

Village

to

legally

majority

On or about
in

employee

continue

vote

of the

the

in

22,

July

Village

failed

until

April

title

she

Board

had

a 60-day

temporary

Department

County

to restore

of

to

Leroy

Marshley

2014.

10,

Grayson

Rita

Grayson

of Community

title

that

2014,

for

of Rocldand

objections

Rita

56.

request

was

Development

to be

of Trustees.

12

given

as a part

serving

Specialist,

a permanent

and

appointment

time

in

order

by

a

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

I

I

On or

57.

Grayson

Rita

give

Development

the

continued

the

payment

Civil

Service

58.

Rita

on

September

59.

December

his

2013,

and

deteriorated,

majority

pressure

majority

strategy

affiliation.

interfere

item

Practice

the

involved

against

Pursuant

the

dated

letter,

August

him

advising
a deliberate

District

Attorney.

respondent

finally

the

Religious

28,

that

violation

of

terminated

Fonvil,

Grossman

a Jewish

class

custom

of Building

applicant

or

himself

in the

Asher

Grossman,

of the

of Village

policy,

Permits

from

,.J

js
i3

Board

and

custom

the

coming

before

applicants;

the

Village

strategy

This

the

political

of

their

determined

respondent

to Jewish

on

White.

to break

or policy

based

·

the

Emilia

order

Board.

Village

residents

with

a political

in

agenda,

in

of Trustees

minority,

devised

his

a municipal

of office

Village

respondent

control

of

term

of the

support

to

majority

a distinct

issuance

the

2014,

implementation

to this

members

he found

Vilair

obtain

Discrimination

of respondent's

the

2014,

January

Asher

and

of

with

of Trustees

coalition

involving

aforesaid

January

Trustee

with

of the

to

not

but

service,

a letter

considered

reported

commencement

On or about

discriminating

any

by

be

be

relations

consisting

60.

to

the

Village

of Personnel,

would

to

5, 2014.

or

Following

to leave

Department

voted

of Community

title

the

he received

would

receipt

Custom

until

Grayson

which

Law,

Following

Grayson

her

County

of Rita

her

of Trustees

Board

in

requiring

terminate

Rockland

Village

appointment

thereby

to

the

2014,

a permanent

refused

from

22,

July

Specialist,

respondent

2014,

about

religious

to

to prevent

Board

for

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

\

I
I

I

and

consideration;
developers

to

downsize

On or

about

policy

of religious

Inspector,

Walter

Booker,

Manasha

Horowitz

and

custom

or

62.

the

to

implement

him

with

a more

63.

steps

to

a Special

Permit

respondent

to

by

issue

to economically

punish

Jewish

Inspector

Building

to Jewish

in

custom

or

implement

this

Building

developers,

a Jewish

him

demote

and

replace

respondent

took

other

d'
discrimination

from

'
Village

Building

2014·

I' '
of religious

applicant

the

to

respondent's

the

25th, , 2014,

policy

before

within

February

and

the

refused

attempted

11th

February

application

to

Chief

instructing

policy

subordinate

obstructing

steps

Ushiy.

unsuccessfully

this

took

permits

any

a discriminatory

obedient

implement

and

2014,

Yahuda

Chief

On or about

preventing

14,

discrimination

not

respondent

Department,

Zoning

January

When

instructions

Village

applicants.

and

61.

the

a public

obtaining

Board.

by

dd'
'
addition,

. In

on

hearing

respondent

'
also

ordered

sector

Jewish

64.

Department

the

of

the

On or

consultant,

without

65.

respondent

the

his

involving

After

met

the

area

religious

approval

of

the

influential

to

downsize

this

to repair

not

Trustee

where

'
'
discrimination

'
Village

Board

the

Village

or

practice

custom

members

of the

streets

'
'
Vilair

Fonvil

other

steps

t'
by

of Trustees,

in

the

resides.

to

'
directing

a Village

to prepare

a

zoning.

of religious

'
Jewish

rus t ee Asl ver

34

the

took

respondent

2014,

of

proposal

theminnouncertaintermsthatunless7

Works

or policy

undertaking
with

or in

September

custom

this

study

Village,

about

implement

of Public

community

Grossman
6

discrimination,

to

relented

)

advise

in

his

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

support

of Trustees

political

agenda,

the

entire

custom

67.

interfere

subject

prohibiting

property

insurance

threats

began

support

to

continue

in

his

to suffer

order

Asher

intended

respondent

this

a message

otherwise

agenda,

under

to punish

Grossman.

to send

political

his

supporting

policy

of Trustee

disloyalty

(P.L.

the

the

discriminatory

to the

agenda,

constitutes

2nd

(P.L.

Jewish

Unlawful

Gratuities

Reward

Receiving

and

to obtain

intended

Receiving

5 200.25)

together

discrimination,

community

5 195.oo),

(P.L.

degree

of religious

policy

Bribe

for

Official

in

Receiving

(P.L.

the

3rd

5 200.10).

The

with

implementation

intentional

religious

the

of this

Misconduct

in

of

and

White,

discriminatory

directed

political

Official

68.

policy

the

would

implementation

his

Misconduct

degree

for

Grossman

community

The

for

200.35),

his

as aforesaid,

Asher

related

support

Emilia

practice.

or

the

and

continue

would

actions

Trustee

Jewish

Fonvil

community

his

By

to

directly

with

he

Jewish

66.

entire

Vilair

discrimination

Village

to

such

conduct;

within

the

coverage,

could

for

eligibility

Village

adversely

to

the

and

result

detriment

cause

State

civil

substantial

Village

by the

and

affect

in

economic

Federal

the

of all

l5

Village

to Village

of its

and

State

economy

denial

harm

funding

under

liability

of a custom

respondent

and/or

and

the

cancellation

residents.

or

residents;

programs;

Federal

value

statutes

of real

of Village

§

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I
I

Iniproper

Ford

2014

On or about

69.

request

respondent's

at Village

Limited

70.

Limited

moon

power

71.

was

of

paid

Ford

valued

at

There

by

made

Prior

Ford

of this

Village

Expedition

polished

motor

vehicle

by

the

was

which

$47,000.00,

Fund

together

Village

system,

wheels.

aluminum

General

Valley

12/20/13),

owned

navigation

boards,

and

of Spring
dated

of the

to

2010

Ford

the

Law

purposes,

nor

was

was

and

adequate.

The

Expedition

process

Limited

Ford

§ 1-102

2010

that

in

with

the

the

amount

trade-in

of Spring

Valley

Board

of Trustees

of

(trade-in

employed

violates

by

such

the

the

Village

or

Limited,

for

the

for

the

trade-in

Limited.

Ford

it reasonably

the

Expedition

Expedition

trading-in

fair

from

2014

Village

$27,700.00

74.

Ford

2014

running

seats

authorization

no

Village

of the

under

municipal

bucket

Limited

was

the

Village

73.

Expedition

'
deployable

# o0036157,

Expedition

the

equipment,

price

the

Ford

a 2014

at

acting

$27,700.00).

72.

the

from

(check

$19,787.50

a 2010

by

purchase

employees

purchased

standard

row

Village

use.

power

second

Limited

2013,

behalf,

his

for

with

total

20,

his

to the

a check

by

on

expense

roof,

The

purchase

and

equipped

was

Expedition

December

addition

In

Expenditures

Expedition

vehicle

was

no

determined

respondent

competitive

no

Limited,

longer

that

f'
for

biddin.g

the

the

f'
for

needed

trade-in

purchase

provisions

was

finding

of

value

of

the

of

General

2014

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

Law

Municipal

Limited

exceeds

75.

the

threshold

Expedition

Limited

Business

The

in

Village

the

of the

Code

employed

by

violates

Village

the

North

it

respondent

credit

with

in

vehicles

78.

his

to

While

has

card

for

to

the

contract

the

the

of the

purchase

(P.L.

respondent

of

bidding

2014

and

§ 195.oo)

for

purchase

the

Ford

falsifying

of the

2014

of the

provisions

Policy

Village

Funds

Limited

was

Expedition

2014

and

the

toll

use

of the

with

to avoid

Valley.

use

and

which

Property

respondent

purchased,

repeated

(including

policy,

restricts

Expedition

used

routinely

gas

and

Ford

expenses

vacation

trips

use

the

to

of Village

April

Limited

for

his

the

Village

E-ZPass

totaling

over

$1,500.00

personal

and

the

use,

Village

associated

vehicle.

(Bellavista

a written

the

Procurement

of Village

repeatedly

On or about

Expedition

5 175.05)·

Contracts

Unauthorized

79.

Ford

business.

driving

pay

personal

official

(P.L.

personal

violation

designed

for

5 103

Use

Ford

extensively

Carolina)

owned

of Spring

2014

2014.

of the

Misconduct

the

Personal

Since

driven

Official

degree

Respondent's

has

Law

second

Limited

price

of a process

Municipal

process

Expedition

purchase

$20,000.00.

of

constitutes

Records

76.

total

employment

General

of

the

that

Respondent's

requirements

Ford

in

3 sop,

29,

Bellavista

Construction

2014,

Corp.)

respondent,

Construction

./

l7=

acting

Corp.

as Mayor,

to perform

curb

entered

and

into

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

I

sidewalk

work

within

the

of Spring

Village

at an agreed

Valley

cost

in

of

excess

$150,000.00.

80.

to

such

execute

81.

process

The

the

Spring

employed

the

violates

authorization

of

the

contract,

respondent

Board

Valley

seek

not

did

of Trustees

or receive

enter

to

into

or

as Mayor.

contract,

contract

of this

this

entering

or approval

permission

any

no

Prior

respondent

provisions

sought

was

by

or

for

Law

of Village

received

the

from

the

into

entry

§§ 4-400

Village

and

and

execution

in that

4-412,

of Spring

Board

Valley

I
of Trustees

by respondent

for

the

(Tabou

82.

On

to

a contract

musical

or

a contract

On
to

or

pay

performance

at

84.

these

musicians

The

violates

to

Combo

about

August

$1,500.00

a public

to

for

or

this

process

Village

NuFaze)

a musical

group

Village

event

event

known

scheduled

for

these

contracts,

the

approval

of'
of the

Spring

employed

Law

or to

by

5f

y-4oo

the

as

,l

1R

"NuFaze"

did

enter

Valley

Board

and

execute

4.-4r.2,

for

in

the

that

2014·

entered

for

into

a musical

not

seek

or

of Trustees

such

entry

no

a

2014.

10,

respondent

for

10,

as Mayor,

August

respondent

and

August

acting

known

enteredinto

Combo"

as "Tabou

scheduledfor

group

compensation

as Mayor,

acting

respondent,

a musical

Village

entering

and

respondent,

8, 2014,

to

contract.

this

5, 2014,

at a public

permission

any

85.

contracts

Prior

August

$5,800.00

pay

performance

83.

receive

about

into

entry

to hire

contracts.

into

authorization

these

was

 INDEX NO. 030822/2018

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NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

sought

or

received

from

the

Village

of

Spring

Board

Valley

of Trustees

by

~l~J
for

respondent

the

these

into

entry

Harassment

On or about

86.

respondent

alarm,
"garbage,"
garbage,

Village

alarm

respondent

he

and

would

On

or

lot

parking

presence

members

about

Vilair

outside

of

of the

Spring

12, 2014,

with

Fonvil,

Emilia

White

Valley

persons

in

Diversion

of

On or about

November

refreshments

ordered

Organization

paid

for

Meeting

by

the

Village

to harass,

Vilair

Fonvil

fu*k

intent

and

to

of Trustee

the

intent

he was

Board."

my

harass,

and

annoy

Grossman,

that

and

and

annoy

stating

with

Asher

a meeting

of

and

he

was

Emilia

to order

going

and

White,

which

said

he

served

that

Asher

annoy

while

Grossman,

made

verbal
kill"

he would

and

"fu*king

in

alarm

the

in

threats

the

other

Board.

of

Resources

Village

to

the

2013,

the

public

2, 2013.

Valley

Refreshments

Meeting

27th,

December

Spring

to harass,

respondent

Hall,

Organizational

to be

on

Village

Village

Valley

Misuse

89.

Fonvil

May

Spring

other

in

Village.

to jail.

all

them

Vilair

the

White

Grossman

the

intent

"you

with

Emilia

Fonvil,

Asher

Trustee

because

2014,

27,

of Trustee

that

Trustees

Village

the

Trustee

send

8 8.

Vilair

for

to

Trustees

with"the

2014,

"fu*ked"

get

services

Village

message

January

Trustees

told

arrest

to

going

On or about

87.

his

was

10,

a phone

left

and

of

February

for

contracts

for

38

at the

The

this

Village

outgoing

total

event

Village

cost

was

Hall

of the

$5,o25.17.

Mayor

following

refreshments

the

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

90. ~ On

Novellll3eI'
November

01 about

27,

2013,

respondent,

as Mayor

acting

Elect,

l~
issued

instructions

refreshments

As

party,

a result

general

public

December

2, 2013,

that

by

the

elsewhere

instead

were

directions

for

Village

Hall

at Village

Respondent's

Official

constitutes

on

to

the

the

the

of

evening

the

Scott,

which

were

Organizational

to respondent's

served

M.

Sherry

$5,025.17,

following

(P.L.

§

conduct

Misconduct

155·35),

as well

in

On or about

93.

political

dispute

of

94.

of

95.

over

Valley

Spring

On or about

Spring

Valley

On or about

Village

of

Morse,

acting

Spring

on

February

the

(P.L.

5 195.oo)

a waste

as being

served

to be

on

meeting

guests

to

at his

private

party

February

Board

February

11, 2014,

of Trustees

misuse

in

Larceny

of Village

the

hard

resources.

was

embroiled

several

with

in

Vilair

there

a regular

meeting

for

pm.

prior

to

the

scheduled

respondent's

during

. 20-----

his

8:00

working

—— —--

of the

Fonvil.

Trustee

was

a

members

including

of Trustees,

of respondent

and

scheduled

11, 2014,

behalf

Grand

affairs

of Trustees,

Board

and

respondent

of Village

Valley

as aforesaid

refreshments

Activities

11, 2014,

conduct

Board

the

diverting

Political

Village

to divert

Scott,

night.

92.

Village

M.

Sherry

to be held

of respondent's

purchased

refreshments

degree

private

Clerk,

2, 2013·

91.

later

Village

to his

December

the

to then

Legislative

hours,

of the

of the

meeting

Aide,

went

to

Aaron

the

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

Archives

Office

of

the

Rockland

Clerk

County

to locate

to be used

documents

V~~'
against

Trustee

96.

case

Fonvil

While

entries

containing
of

requisitioned

and

all

involving
Order

filed

papers

the

in

the

a prior

with

prior

Fonvil's

criminal

of a Docket

along

Appellate

the

by

in

action,

Trustee

reversed

file

a copy

obtained

thereby

reflecting

(since

offenses

purposes.

Morse

Fonvil,

a Commitment

misdemeanor

political

Aaron

there,

Trustee

involving

Copy

for

Sheet

a Certified

conviction

for

Second

Division,

Department).

97.

numerous

in

the

for

When

on

99.

the

seat

on

too.

a political

then

of Spring

Village

caused

respondent

Office,

and

expense,

the

by

to

the

11, 2014

for

each

by

the

room

meeting

the

those

distributed

Board

Valley

chair

were

scheduled

in

the

respondent's

opened

room

to the

of the

meeting

at least

had

Legislative

of the

the

to

Village

made

respondent

public

Trustee

copies

of Trustees

Aide

public

of Spring

Village

one

earlier

set

that

at

of

the

same

papers

day

documents

of

Spring

statements

that

had

Board

Valley

on

been

the

of Trustees

record

drawing

on

distributed

each

Fonvil

Respondent's

adversary

of the

meeting

11, 2014,

February

concerning

used

Archives

Fonvil.

During

attention

at Village

doors

obtained

Trustee

concerning

held

the

at the

11, 2014.

of Trustees,

been

had

made

to be

February

Board

obtained

of February

meeting

pm

Valley

that

room

meeting

98.

8:00

to be

copies

the

papers

the

Using

conduct

during

working

in

directing

hours

Village

so that

it

employees

could

be

to

copied

dig

and

up

dirt

on

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

distributed

at

official

(P.L.

Misconduct

Instrument

well

an

for

Petit

§ 195.oo),
in

Filing

a waste

as being

function

Village

the

and

On or about

misuse

discarded

without

determination

any

102.

The

with

computers

constitutes

employed

process

the

hard

and

a waste

On

103.

Village

(P.L.

as

5 165.15),

criminal

hard

to be

prosecution

Village

ongoing,

misuse

of

about

Village

a local

drives

surplus

employees

at respondent's

by

for

the

behest,

of

Village

Spring

of Village

9, 2014,

Against

construction

Mr.

and

the

and

policy,

order

to present

on

an adjacent

Village

Paris

Augustine

Board

Valley
in

Law

Village

resources.

Litigation

board

the

discarding

of Village

violation

of Spring

co-op

in

of Trustees

attended

as

a complaint

property

a

on behalf

within

of

the

Valley.

During
on

is in

September

concerning

of Spring

respondent

Frivolous

of the

residents

104..

complaint

or

meeting

representative

co-op

a federal

the

them

by

drives

Encouraging

regular

of Services

of Trustees.

Board

Valley

with

declaring

a False

Offering

Computers

was

computers

§ 155.25),

while

administration

Village

certain

Official

constitutes

resources.

Village

2014,

expense

Theft

of Village

February

prior

the

by

wrongdoing

and

degree

rst

(P.L.

Larceny

Discarding

101.

at village

behalf

the

public

of. Ramapo

comments

Towers

portion

Owners

22

of the

Corp.,

meeting
and

he

respondent

presented

advised

his

 INDEX NO. 030822/2018

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NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

on

him

record

the

to

come

with

meet

him

Hall

in Village

the

following

day

he

and

' u:>
would

address

authorities

had

developer

the

on

the

adjoining

basis

the

an

that

Paris

Village

notice

with

met

Boards

and

(owned

property

required

to the

by

adjoining

Corp.

of the

action

and

complaint

the

respondent

owner,

property

commence

Augustine

a neighboring

Owners

Towers

Mr.

complained

without

learning

immediately

2014,

construction

Ramapo

of the

identity

10,

falsely

Horowitz)

6. Upon

the

against

religious

affiliation

recommended

and

Village

the

Mr.

that

owner

to stop

construction.

On or about

107.
%I+I
Rockland

of

Menashe

the

annul

This

back

to

In

support

109.

Paris

of the

Mayor

seek

at the

an

premises.

the

various

the

an

of Spring
and

Ramapo

adjoining

a stay

of any

by
Village

the

and

affidavit

and

construction,

against

the

with

along

and

request

agencies

for

which

he

a stay

that

and

for

that

him

to bring

he bring

this

to

send

further

action

the

Mr.

as

respondent,

the

to

to

review.

of construction,

claims

"encouraged"

seeks

ultimately

Department

Valley,

"recommended"

individuals,

the

property.

Boards

in

in

Corp.

Owners

Towers

Building

plaintiff's

commenced

was

departments

of the

issued

for

submitted

Village

injunction,

seeks

permit

Building

application

Augustine

action

by

various

as owner

Horowitz,

an action

6, 2014,

Court

and

Valley

Spring

108.

October

Supreme

County

Village

E~~<:

approved

owner,

to

and

Hall,

Menashe

property

September

about

in Village

respondent

Paris

concerns.

On or

105.

and

his

action

stop

and

the

work

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I
The

conduct

respondent's

in

and

recommending

encouraging

l. LfV'
litigation

frivolous

the

governmental

legitimate

and

against

under

and

purpose,

these

the

legal

circumstances

thereof

costs

no

serves

constitute

a waste

resources.

of Village

misuse

Village

Mismanagement

Volunteer

Banning

111.

of

whom

The

are

also

a ban

to

112.

'4~

volunteer

employees,

or

about

Village

prevent

Village

Banning
firefighters

as well

danger,

Village

to

respondent

pressure

by

Board

placed

volunteer

Fire

Chief

December

4,Tl 2013,L/1 respondent,
X

employees

from

the

passed

duly

respond

to

firefighters,

many

Battalion

and

J
acting Q as Mayor,
to emergencies

responding

as

113.

area,

ill

the

Executive,

Plows

On or about

respondent,

January

acting

Off

21,

him

to relent.

Road

in

issuecL
issued

24

an

in

Village

hours.

by

However,

time

the

of

Board

employed

firefighters

and

great

before

members

of the

Snowstorm

a major

during

the

additional

Supervisor

2014,

as Mayor,

an

Town

caused

finally

for

as

residents

and

working

during

policy
the

funding,

authorizing

calls

guided

of Village

property

of State

emergency
his

of Trustees

and

lives

to emergencies

responding

a Resolution

maintained

County

from

conditions

Pulling

state

by

the

including

employees

as violating

therefore

Trustees

Village

on

is serviced

Valley

firefighters.

volunteer

the

Village

and

Commanders,

issued

of Spring

Village

Firefighters

order

snowstorm

to the

in

Department

the

tri-

of

 INDEX NO. 030822/2018

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NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

Public

Works

home

for

to pull

the

storm

send

rescinded

Due

in

back

to

snow

piled

up

decision

for

and

from

prior

after

pursuant

houses

The

plowing

for

Valley,

to

various

Louis

located

prior

Kurtz

the

their

drivers

at 9 North

the

agencies,

and

of the

day,

while

the

off

off

the

York

roads

and

jeopardized

in

motorists

to clean

the

and

general,

state

Spring

roads

and

of the

the

Main

Spring

nr

were

called

and

Center

the

Center

in

owned

Spring

Valley

and

programs

the

finally

drivers

Kurtz

Luis

is a building
Street

and

storm.

Conununity

Center

of Police

plow

the

Supervisor,

respondent

Services,

hours,

of

Chief

Valley

Town

the

Executive,

remainder

of the

pulled

snowstorm

of New

County

Darden

Civic

were

Hospital.

the

the

plows

plows

Village

a major

State

Operations

Resolutions

Village

the

Village

remainder

residents

several

William

Spring

to send

streets.

the

of Emergency

order

With

the

the

during

County

Department

Interference

117.

day

of Trustees,

Board

on

Samaritan

demands

for

to pull

with

Good

to

to

resume

the

agreement

Rocldand

his

home

of Village

of the

of

and

roads

the

order,

sent

home

corridors

members

off

respondents

respondent's

Village

116.

County

the

drivers

the

major

plows

were

drivers

property

violated

of the

and

The

their

and

lives

and

the

continued

115.

to

a result

As

and

roads

Village

day.

the

114.

the

Village

services.

by

Valley,

Board

the

New

Village

York,

of Trustees,

of

and

it

 INDEX NO. 030822/2018

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NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

118.

When

respondent

assumed

the

duties

I

of Mayor

in December

2013,

41V
of

one

the

occupants

which

Bureau,

119.

basis

order

its

and

without

Village

Louis

In

first

employees

to move

Civic

for

acting

of the

the

Spring

without

Board

of Trustees,

Youth

a rational

issued

Youth

Valley

relocate

to

Valley

children.

Village

Spring

and

the

as Mayor,

Village

Center

was

Center

program

authorization

in

2014,

without

the

commencing

Midget

school

respondent,

Kurtz

January

as Mayor,

without

Civic

an

Bureau

it to the

of

out

William

Center.

Community

120.

Kurtz

after

2014,

the

at the

Louis

an

January

directing

Darden

Valley

operated

In

location

acting

of the

to

legal

league

from

out

carry

this

of the

authorization

any

football

order

space

Village

Board

the

removal

ordered

action,

the

order,

it occupied

at the

respondent,

of Trustees

of the

William

and

Spring

Darden

'P
Center

Community

Youth

press

in

respondent

to

relent,

121.

Spring

about

at

the

Valley

possessions,

and

In

the

in

forced

Midget

except

20,

by

the

Darden

football

at the

to make

after

2014,

were

league

discretion.

from

removed

respondent

Center,

access

of the

respondent,

PR

the

the

Spring

Valley

Valley

Spring

and

building

placed

and

the

presence

the

truck

and

arranged

to

on

to their

offices

which

has

a

of the

placed

change

for

it impossible

making

to gain

for

back

Center.

Community

move,

Community

the

opposition

Darden

this

room

having

from

community

William

with

order

removed

possessions

connection

William

March

possessions

was

room

a different

locks

or

in

years,

twenty

footballleague's

Midget

truck,

On

Bureau.

for

and

caused

certain

the

 INDEX NO. 030822/2018

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NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

considerable

4

1

interference

with

the

of the

operations

Spring

get

Mid

Valley

football

league.

122.

Bureau

remain

to

approved

at the

location

123.

to

For

Department

for

without

Mayor,

center

thereby

jeopardizing

the

premises

was

at

valued

Bureau

125.

was

the

open

In

which

inconvenience

126.

refused

to

no

to

On
allow

action

the

or

Youth

about

access

to

children

the

pre-

only

never

Bureau

Youth

affect

the

clients

2014,

Youth

and

27

and

a

Bureau

at risk.

Kurtz

Luis

a sound

from

the

Center,

system

Youth

reimbursement.

at the

Louis

Kurtz

adequate

repairs,

causing

Civic

heat,

Center

and

discomfort

and

staff.

respondent,

Bureau

at the

as

acting

security,

Youth

missing

without

required

Police

opened

property

hours,

received

system

heating

the

and

went

the

adequate

center

apparently

in

of Trustees,

attending

daytime

a

respondent,

providing

warming

has

residents

2014,

residents

during

Bureau

the

Youth

Valley

operated

Valley

Board

without

of the

January

to

Spring

it was

Village

Village

of Village

the

the

leaving

took

of the

Village

the

of Spring

in January

Center

public

2014,

January

dysfunctional,

respondent

Kurtz

$6,000.00

for

but

of the

the

the

because

deprived

Hall,

safety

to

allow

to

Center,

Village

heat

operations

approximately

offices,

and

safety

the

placing

During

the

prior,

Luis

Civic

had

activities.

Village

the

124.

its

authorization

at the

and

programs,

the

also

Kurtz

homeless

the

warming

Louis

years

in

lobby

respondent

conduct

many

center

warming

the

Ultimately,

to certain

acting

as Mayor,

provisions

and

failed

supplies

and

 INDEX NO. 030822/2018

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NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

stored

being

program,

Hall

at Village

thereby

for

severely

the

of the

use

the

curtailing

children

the

agency.

of that

activities

in

participating

I

Misuse

Attempt

127.

December

and

deteriorated,

majority

Personnel

commencement

relations

with

by

On or about
requested

Board

properly

Village

Clerk,

approved

On or about

129.

of trustee

himself

Board.

Village

announced

that

appointment

of

Mr.

oath

to

him.

of office

13o.

notified

continued

attendance

such

H.

Consequently,

respondent

20,

Fonvil

to

Fonvil

in

Village

the

Rocldand

in

office

of Trustees

Board

with

minority,
and

Grossman,

whether

White.

Emilia

the

appointments,

'

the

of

Department

County

concerning

was

that

at Village

order

Village

of

that

including

on

"nullity,"

letter

to

was

Board

no

of the

control

February

20,

was

invalid,

because

Trustee

longer

meetings

PA

devised

respondent

to gain

appointment

a

he

the

2014,

strategy,

Ball's

by

him

the

of

Ball.

Vilair

Kathryn

Asher

Fonvil,

Trustee

term

in

himself

of respondent's

February

Pursuant

found

respondent

some

H.

Kathryn

he

7, 2014,

from

Village

of the

members

Vilair

February

proof

a Sitting

of respondent's

the

2014,

January
of Trustees

consisting

128.

rid

his

Authority

Replace

the

Following

2013,

and

Remove

to

of

she

Fonvil,

a Village

would

2014

had

dated

and

to

Valley

Spring

respondent

as a result,

administered

February

Trustee,

be

a strategy

and

considered

his

the

20,

that

2014,

his

trespassing.

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

131.

In

to

fill

Trustee

Grossman

commenced

Index

2014-o00286

No.

and

replacement,

E.

Loehr

and

ruled

capricious

133.

Trustee

the

and

in

unfit

for

removal

members
left

him,

and

the

135.

attempted

it was

to adjourn

then

meeting

the

Leon

Anthony

21,

as

14,

of

replacement

Court

the

2014,

Trustee

under

and

removal

March

and

Supreme

County

purported

dated

White

Fonvil,

Fonvil

Hon.

was

Gerald

"arbitrary

law."

of

attempt

to

basis

of

principles

remove

and

replace

Village

a sitting

a fundamental

bespeaks

democratic

the

in

government,

continued

February

a regularly

respondent

him

rendering

Although

respondent

the

Village

without

Meetings

Valley

Spring

there

was

ordered

the

Clerk

attempted

unilaterally

of the

meeting

progress.

taking

Board

Village

2014,

public

meeting,

room,

Down

14,

January

still

On or about

adjourn

Shut

scheduled

meeting

to

Rocldand

Order

or legal

to

On or about

while

February

office.

a regularly

Trustees

Trustee

Trustees

Fonvil's

failed

the

on

Trustee

he appointed

2014,

the

and

violation

Attempts

134.

in

and

factual

any

of

public

adjourn

action

Respondent's

misunderstanding

24,

February

Decision

by

as a Village

"nullity,"

a

stead.

challenging

that

without

and

Fonvil's

an

appointment

Fonvil's

Joseph

position,

Trustee

On or about

132.

Trustee

Miguelino

Fonvil's

in

Mayor

Deputy

to declaring

appointed

also

respondent

2014,

addition

no

public

the

and

vote

Village

Board

the

by

to leave,

of

Board

7 and

attorneys

them.

11, 2014,

respondent

public

scheduled

PQ

again

meeting

unilaterally

of the

Spring

to

Valley

with

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

Board

of Trus

tees

Board

members

while

it

still

was

progress.

in

Although

there

was

no

vote

police

to

the

by

4M

the

public

When

"heads

136.

in

Board

137.

In

conduct

unfit

for

by

without

(for

room.

meeting

which

remove

respondent

Village

Clerk,

and

Village

Board

meetings

the

the

that

as Mayor,

he

alone

can

establish

the

meetings.

a special

and

adjourn

of the

meeting

attempted

respondent

the

Village

Village

Police

of

Board

with

to interfere

Department

to

arrest

trespassing.

in

to prevent

attempting

legal

and

indicates

authority

of democratic

shut

down

public

a fundamental

government,

him

rendering

office.

Pastors

Timothy

Christian

political

supporters

was

the

occupied

the

with

to

the

any

principles

Illegal

Church

stated

for

actions

of the

public

139.

room

notifying

meeting

meetings

misunderstanding

in

meeting

attempts

2, 2014,

July

Respondent's

Board

the

2, 2014,

July

such

lights

public

terminate

meeting

attending

138.

his

has

and

On or about

that

the

ordered

them.

with

for

off

he left

respondent

of

turn

the

roll"
roll"),

connection

called

respondent

meeting,

terminate

agenda,

was

Village

to

without

meeting

anyone

attempted

would

progress,

Trustees

the

to

continued

meeting

adjourn

refused

police

while

he

and

promised

the

to

involved

Soil

Demosthene

Anthony

Church

located

of respondent,

in

on Village

Dumping

a major

and

at 198

and

Main

on

construction

Property

Nathaniel

Street

or about

project

Demosthene

in

Spring

December

on

its

Valley

4, 2013,

property.

of the

are

the

First

major

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I
I

140.

The

construction

the

by

church

prior

administration

of

resources

to

assist

advised

Works

about

13,

2014,

of Public

Works,

respondent

Department

of

Works

to excavate

Village

equipment

and

in

is located

which

$4,863.oo,

and

an

Soil

dumping

142.

regulations

and

required

along

dumping

began,

respondent

Agency,

New
the

the

the

by

soil

apply

York

Village

in

to

State

in

such

by

the

Chief

Memorial

activities,

Department

to fines

and

in

to

direct

such

and

for

an

of Environment

remediation

in

Sl

owned

property

direction,

a permit

of Environment

and

such

open

excess

a permit

After

were

Rockland

the

laws

the

is

soil

to

provided

Drainage

County
and

a permit,

of the

and

laws

by

safety.

and

investigation

Conservation,

costs

using

of approximately

is governed

violation

in

resulting

Village

Village

to respondent's

public

apply

Village

Agency,

insure

to

on

Department

State

Inspector

Park

the

$5,500.00.

area

for

failed

property

Church

cost

Drainage

requirements

respondent

such

tests

of the

the

approximately

York

advice

of the

Pursuant

a sensitive

Building

from

and

employees

Park

at a labor

County

soil

legal

of

New

Rocldand

certain

with

days

cost

from

Memorial

way.

three

equipment

the

however,

dumping

which

for

administered

Conservation

soil

plain/flood

worked

because

employees

to the

contrary

directed

it in

deposit

a flood

employees

Village

to

Village

soil

excess

place

take

private

project.

Department

Public

not

using

Church's

remove

Works

did

against

construction

January

Public

removal

the

to assist

proposed

of

soil

the

a private

or

had

Department

however,

Public

On

141.

the

having

location,

Department

I

continued

regulations

by

which

of $200,000.00.

the

could

by

the

expose

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I
I

143.

to

assist

and

a private

continuing

and

laws

soil

on

the

activity

regulations

residents

and

of all

Hall

The

where

the

December

were

provided

145.

without

change

Members

Village

Trustees

meetings

start

at the

code

to the

to

the

Room

by

behavior,

made

On or

a written

Agreements

request

that

are

May
to

in

the

him

effect

such

access

in

the

code

unfit

to

for

room

Village

Village

32

located

to

has

never

Board

and

use.

their

Police

exclude

been

Members

in

Trustees

Village

and

as Mayor

the

Room

in Village

activities,

for

is indicative

Department

the

Board

restored.

from

of a dictatorial

Joan

and

office.

Village

Pursuant

flow.

the

by

room

had

Village

for

Facilities

acting

access

way,

of Village

the

the

to

a disregard

as other

respondent,

Board

Access

5, 2014,

as well

of Trustees,

a permit

affected

Village

Works

plain/flood

property

meeting

to

excluding

the

Deputy

and

to

entry

2014,

in

rendering

about

reflects

held,

gain

and

room,

of

it,

lives

Forman

changing

Denial

against

administration,

Board

Joan

actions

Respondent's

to

Village

the

a flood

is the

are

4,

February

access

Board

code

from

in

Access

Roorn

for

apply

residents

of respondent's

access

an

to

of Public

located

downstream

Board

access

147.

of the

Village

On or about

undemocratic

safety

Board

from

Forman

advised

and

upstream

with

146.

the

in failing

being

Forman

authority

the

for

Department

Village

property

Joan

2013

and

owned

after

the

using

project

Village

and

Denying

144.

in

construction

untested

dump

actions

Respondents

Records

to his

Clerk

of Spring

for

duties,

copies
Valley."

Trustee

of "all

Vilair

Pilot

Fonvil

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

148.

Pursuant

requested

documents

but

Hall,
in-box

before

and

their

for

and

and

of

to withhold

in

in

The

them,

such

"30

151.

On or

to

from

the

Youth

Bureau

offices

had

Village

with

open

run

been

Board

Sonia

and

153.

Village

suspension

The

Program

Special

Village

respondent

Counsel

for

the

Barton

duly

When

them

of the

Village

from

the

requests

repeated

Ms.

Barton

passed

and

for

of a

in-box

the

request

is

public

office.

if set

suspended

of the

assist

to

last

the

carry

Bureau

sound

out

center.

in jeopardy

local

families)

) which

therefore,

the

2, 20014,

July

all

system

put

14 years,
on

herein.

Youth

$6,000.00

as aforesaid

set forth

forth

as a warming

operating

to

allegation

every

"121"as

a Resolution

Summer

proper

unfit

each

loss

for

contractor

commenced

upon

from

Court

program

camp

failed

records

through

of Sonia

of Trustees

the

despite

respondent

2014,

her

(a day

as a private

"120"

it was

by

operate

took

reallege

when

successfully

Barton

respondent

respondent

of

and

and

14,

May
blaming

Summer

Village

"32"

through

Barton,

152.

at the

records

rendering

repeat

Sonia

Director,

in-box

documents

such

supply

behavior,

about

Fonvil's

in intercepting

actions

petitioners

Paragraphs

copies

Trustee

Contempt

150.

assembled

Fonvil.

refusing

dictatorial

Clerk

Deputy

collected

respondent's

Trustee

them

Fonvil

to Trustee

The

the

request,

placed

continues

delivery

indicative

this

Trustee

he

149.

Village

to

activities

the

contracting

required

to

Program.

and

an

refused

action

to

on

obey

behalf

the

aforesaid

of three

Trustees

Resolution,

against

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I
I
I
I

and

respondent,

2014,

to the

When

154.

to

2014,

grant

Bureau

when

the

locked

156.

was

Summer

158.

~

Jail

the

In

and

the

to

refused

he

was

ordered

scheduled

1, 2014,

respondent

again

8, 2014,

in that

her

to

failed

when

following

office

she

'
arrived

with

the

to

to

to the

morning
~

refused

and

Bureau

E. Loehr

access

underway.

to get

8,7

Supreme

Gerald

with

the

of July

the

Hon.

interfere

Center

Youth

Order

before

the

by

not

the

that

summoned

was

to

provide

Summer

Village

to follow

Civic

Program

8,7

July

. .

Kurtz

of his

failure

found

to

comply

of Sonia

open

Barton

registration

for

the

civil

contempt

until

workings

August

to

comply

Court

Supreme

contempt

for

July

on

8, 2014

August

interfering

Order,

1, 2014,

the

with

)

and

operation

Program.

the

Following

with

anymore

Resolution

again

Louis

in

County

the

specifically

was

Village

Rocldand

and

before

he

157.

order,

summoned

a hearing,

of the

with

7 dated

Program.

a result

As

respondent

he was

inaccessible

and

Summer

Village

after

of July

Gerald

t'
of operating

and

Barton,

2014,

Summer

Order

Hon.

Center.

failed

Sonia

E. Loehr,

the

purpose

Civic

at the

On August

remained

the

31,

facilities

Village

155.

the

to

prior

the

youth

with

access

with

comply

the

respondent

on July

and

Court,

for

Kurtz

Louis

from

to cooperate

Barton

Sonia

at the

Program

an Order

respondent

requiring

access

obtained

2014,

August

of the

finding,

5, 2014,

when

Summer

Village

as a result

respondent

of union

he

was

promised

placed

not

in

to

the

interfere

Program.

proceedings

involving

her

'e

suspension,

Sonia

Barton,

was

restored

to

34

her

previous

position

and

salary,

with

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

back

pay.

In

September

respondent

2014,

ordered

illegally

out

her

of her

offices

'ewer~
in

the

Kurtz

Louis

the

obligating

Village

refused

and

for

back

her

of the

cancellation

causing
for

Center

to

and

pay

Disregard

159.

Resolutions

that

he

160.

In

the

Village

in

to

calls

Resolution

to

- b.

directing

Resolutions

and

$34,000.00,

after

school

program

14,

Board's

and

his

directive

rescinded

has

of the

against

long

Board

receive

not

of

by

however,
the

force

of

to

responding

passage

to

employed

hours,

working

firefighters

the

refused

of Trustees:

Valley

would

after

and

firefighters

their

during

repeatedly

disagrees.

Board

Spring

volunteer

Resolutions

until

failed

constitute

has

he

Village

the

2014,

calls

emergency

which

with

authorizing

the

respondent

respondent

January

of Trustees

Board

however,

a majority

by

that

wasn't

the

those

a Resolution

Valley,

emergency

and

thereby

Law

Village

of law,

passed

to

the

by

instances,

On or about

declared

duly

obey

duly

respond

Spring

Trustees

over

old

year

Village

force

the

following

passed

duly

respondent

law

not

the

a.

Trustees

has

will

Resolutions

follow

working,

totaling

twenty

of

passed

duly

which

legislation

declared

to continue

benefits

Bureau's

Youth

her

children.

Village

local

allow

of the

Board's

contrary;

On

or

about

passed

a Resolution

payment

of her

unilaterally

reduced

respondent

failed

her

and

duties

refused

14,

January

2014,

restoring

unpaid

and

to

back

pay,

Spring

duties

after

on December

salary

obey

the

the

this

35

Resolution;

Valley

and

salary

respondent

2, 2013,

Board

of

of Sonia

arbitrarily

however,

Barton,

and

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I
I
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I

c. On or

about

14,

January

the

2014,

Valley

Board

meeting

room

Spring

ol'
of

"-~>m~
Trustees

for

Hall

the

exclusive

Department

the

so,

and

remains

respondent

in

the

all

duly

new

policy

Village

respondent

new

orders

issued

failed

policies

and

subsequent

On

of Aaron

Morse

to

Department

County

could

Trustees;

not

continue

to

the

Village

her

position

to be

by

refused

failed

to the

keys,

to do

and

Trustees,

of approximately

in

the

employ

$u.,961.55;

36

he

Spring

to notify

the

continues

Y. Inzar

and

that

Village

create

prior

any

or

of

was

appointment

although

approved

of the

to

Board

respondent's

by

of

however,

Valley

Lorraine

an

record

without

respondent

without

a written

orders,

directive

2, 2013,

advised

employed

continue

the

Mayor

December

also

and

and

verbal

that

to the

on

create

and

of

Board

Valley

Spring

employees,

2014,

declaring

Assistant

to

and

Resolution,

14,

January

of Personnel

allowed

respondent

at a cost

Village

a Resolution

that

this

obey

policies

as Confidential

have

directives

existing

or about

passed

duly

terminated

Inzar

to the

with

respondent

to Village

day

to

the

2014,

memorandums,

refused

change

notice

e.

Trustees

and

14,

requiring

each

such

all

them

inaccessible

remains

Police

Village

andprovide

Department

January

a Resolution

of

room

in Village

of respondent;

control

passed

Trustees

Police

the

authorizing

of the

room

On or about

d.

Trustees

the

meeting

exclusive

and

Trustees,

possession

and

designated

the

in

them

a particular

reserving

of the

use

put

to

however,

a Resolution

passed

duly

that

civil

the

Rockland

Lorraine

service

of Spring

Y.

title,

Valley

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

I

the

Spring

I

On or about

f.

14,

January

2014,

of

Board

Valley

'4a"')
Trustees

passed

duly

Spring

Youth

Valley

Darden

relocation

the

William

Bureau

was

Center

Darden

changes,

relocations

approval

of the

ignore

the

or

Village

Village

various

such

March

center

refused

to

regulations

11, 2014,

the

there

be

that

departmental

Board

of trustees,

routinely

Civic

to

the

obey

which

the

relocating

the

William

and

Resolution,

prevented

use

the

of

purpose;

other

by

Kurtz

State

directing

resolution

this

Louis

publicly

by

for

or about

a Resolution

passed

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thwarted

only

g. On

duly

from

from

respondent

prohibiting

respondent

however,

Center,

the

a Resolution

Spring
no

departmental

modifications

such

taking

restructuring,

without

prohibited

express

the

continues

respondent

however,

of Trustees

Board

Valley

actions

to

regard

with

to

Departments;

fjil
h.

duly

passed

Village

a Resolution

Board

when

On or about

i. On

duly

passed

respondent

however,

j.

duly

passed

observe

employees

Village

On or about

a Resolution

March

to

refuses

to

for

the

conduct

such

recognize

of

rules

meetings;

gather

obey

this

March

requiring

Village

and

deny

the

11, 2014,

the

permitting

to

to

refuses

of Trustees

Board

Valley

Spring

of procedure

rules

respondent

Board

about

a Resolution

Departments

Village

instruct

or

certain

however,

at Village

the

11, 2014,

adopting

meetings,

presiding

March

11, noir,

return

37

to visit

information

and

and

Spring

any

without

has

information

the

Board

Valley

Trustees

Resolution

access

the

Spring

to

Valley

of confidential

of Trustees

and

all

restriction,

continued

the

to

Village

Board

employee

Trustees;

of Trustees

personnel

 INDEX NO. 030822/2018

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NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

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1

files

been

file

an

from

moved

room

failed

and

the

refused

passed

their

Office

secured

previous

(per

Resolution

this

obey

On or about

Village

Jerrold

benefits

from

Attorney,

W.

operate

Village

and

the

Village

Code),

location

1 but

in

the

respondent

files

remain

Valley

Board

subject

had

they

in their

respondent's

and

access

custodial

Darden

Recreational

about

duly

staff

Community

Aide

on

Miles

and

W.

Village

funds,

however,

Attorney

and

invalid

Sonia

but

December

to

and

illegal,

his

pay

of Trustees

2, 2013

of

prohibiting

continued

respondent

to

compensation

and

in

Kurtz

was

obtained

only

four

for

for

the

Louis

days

August

after

until

12,

entry

to provide

Ramapo

the

t'
the

38

was

Football

held

cards

in

to

Resolution

by

and

contempt

by

a

cooperate.
to cooperate;

Board

Valley

Police

for

the

Center,

Spring

Village

system

contractor

obey

Civic

agreed

entry

Midget

to

he

he

2014,

directing

a keyless

and

the

of Trustees

independent

facilities

a Resolution

and

as an

refused

On or about

Center

Barton

Board

Valley

Spring

respondent

to Jail

provide

the

2, noir,

July

Program,

passed

to

appointment

Jerrold

to hire

compliance

rn.

Trustees

or

to the

remanded

the

Spring

funds;

Summer

her

the

11, 2014,

as Village

a Resolution

the

denying

with

Miles

1. On

passed

March

declaring

payment

employ

court

Clerk's

a Resolution

continued

duly

to

(where

Department

Búilding

location;

purported

his

to the

direction)

Village

to

k.

duly

next

at respondent's

inside

unsecure

room

unsecure

the

League

Department

doors

to the

of

to

Trustees,

however

the

and

William

) the

respondent

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I
refused

allow

to

the

and

Resolution,

no

such

a Resolution

in

Agreements

in

respondent

however,

requested

May

and

have

never

161.

Mayor's

the

Village

The

in

Village,

order

and

to

employs

the

a part

the

Village

tax

fair

market

value

calculate

accurately

duly

Pilot-

Trustees,

and

)

the

Authority

Taxing

Valley

update

all

of

Resolution

the

parties;

of Trustees

Village

to the

Valley

named

provided.

to maintain

estimate

periodically

copies

this

obey

Board

Valley

Spring

to

to the

provided

to follow

been

of

Staff

to provide

refused

of Spring

supervision,

the

of Spring

Misuse

Custodial

been

2014,

Village

the

failed

documents

have

respondent

requiring

effect

or the

cards

entry

On or about

n.

passed

Department

Police

the

time

Tax

assessment

and

roll,

of properties

tax

property

due

) under

Assessor,

to

within

an

using

the

established

formula.

162.

applied

by

the

tax

168.

and

there

the

required

total

to be

rate

The

are

the

fair

year

each

information

value

market

requires

formula

dividing

amount

the

of

This

market

to

Village

kept

all

of Spring

properties

within

value

to balance

is not

applied

Assessor

current,

Village

determine

budget,
'
in

, it results

from

those

result

from

the

calculated

Village

Tax

by

the

Assessor's

the

therefore,

an incorrect

lies

Village

partly

within

the

which

concerning

'
differ

in

of all properties

Village

tax

the

rate

to be

Village

by

) if the

fair

calculation

properties.

Valley

the

the

to

Town

of Ramapo.

failure

39

While

to accurately

Town

the
th*
this

update

of Ramapo,

assessments

discrepancy

his

records,

may
it

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

clearly

has

withiri

the

On or about
of how

understanding

assessment

uniform

in

differ

Vilair

individual

owners

property

165.

supervise

a personal

and

their

Town

part

and

White

Emilia

and

Respondent's

for

tax

process

political

must

attack

several

records

to the

their

assessments

necessarily

Asher

on Trustees

other

press

political

and

are

the

or why

works,

Village

and

(and

because

willingness

his

Tax

the

Town

apparent

no

enemies)

public

below

to

suggest

those

Town.

the

Board

calculation

the

by

with

respondent,

and

applied

launched

on

by

7, 2015,

appraisal

Village

impropriety

calculated

the

Fonvil

their

by releasing

own

that

in

ill

the

serves

besmirch

to

to

failures

Assessor

ignorance

spirited

of the

conduct

any

January

value

case,

every

Grossman,

Village

do with

Village.

164.

some

to

nothing

I

P

I

the

comprehend

performance

the

long

perceived

his

process

of his

duties

and

the

properly

a mean

demonstrates

residents

suffering

on

enemies

of the

of

Village

Valley.

Spring

CONCLUSION

166.

misconduct

conduct

The

acts

and

abuse

and

disregard

for

malicious

and

has

in

dereliction

legal

mandates

167.

Respondent's

continued

unabated

acts,

of duty

and

rises

improper

present

gross
, ~ross

wrongdoing

time.

40

level

began

and

on

his

a pattern

connote

of unscrupulous

of public

theft

involving

conduct

herein

to the

proceduralrules,

intentional

to the

as alleged

which

of authority,

gross

corrupt

of respondent

office

routine

property,

mismanagement,

irrational

first

behavior.

day

in

office,

and

of

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I
J
168.
W/2
residents

the

of

date

Respondent's

conduct

''
Spring

and

of this

a Village

Recreation

Valley

the

petition,

a Section

Clerk,

as aforesaid

the

of Spring

8 Administrator,

Bureau

petitioners

1. Removing

Mayor

of the

Village

of Spring

2. Awarding
litigation

deem

Dated:

such

Granting

and

just

is without

Valley

New
13,

January

judgment:

DELHOMME

pursuant

costs,

to

from

Public

and

other,

further,

and

different

other

as this

relief

5 36

reasonable

Court

may

etc.

Yours,

2015

6,
A.

TAMMY

Plaza,
N.Y.

Suite

of

REED,

P.O.

Road,

Palisades,
Tel. (845)

NewYork
365-3121

Fax

365-4036

(845)

729-8064

Counsel

210

10994

4L —

and

TYNES,

G. BOOTH

71 Woods

Cell(845)
Weissmann,

Petitioners
D.

TEAL

YVETTE

I

.a

Gerard

for

HEYWARD

Nyack,

Law

office

York

Attorney

West

public

the

Officers

disbursements

William

2 Crossfield

a

Inspector,

Building

>~6.".',-

A.

Attorney,

proper.

Palisades,

Lawrence

a Village

and

costs;

3.

Valley

as of

and

government,

the

RELIEF

DEMEZA

fees,

attorney

local

on

impact

Director.

seek

respondent

adverse

an

of'
of the

a Chief

REQUESTED

WHEREFORE,

had

has

operations

Village

o1'
or a Youth

Director

I

r

I

-- —--- ———

Box
10964

717
.

~

of

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

I

1
I

SUPREME
.

OF THE

COURT

APPELLATE

4

V

OF NEW YORK

STATE

SECOND

D1VISION:

DEPARTMENT
X

In

the

Matter

of the

HEYWARD

D.

TAMMY

and
Village

Application

of

YVETTE

REED,

TEAL

Index

TYNES,

2O

No.

/

G. BOOTH,

of Spring

Citizen

Valley

Residents,

VERIFICATION
Petitioners,
-against-

DEMEZA

DELHOMME,

Village

of Spring

Mayor,

Valley

Respondent,

For

removal

the

pursuant

to

of

Public

a public

officer

Officers

Law

§ 36.

X
STATE

NEW YORK

OF

)
) SS:

COUNTY

OF ROCKLAND

HEYWARD

I,
one

of the

I have

read

the

to

belief.

As

believe

those

stated

upon

Village

of

which

statements

personal

action

Petition

Verified

that

to be true.

and

are
are

know

are

based

My

true
to be

stated

upon

belief,
upon

as to
the

Valley,'

This

15th

15,

subscribed
of Ja

day

its
to

my

alleged

All

personal
upon

information
those
files

Officers

contents.

I am

says

and

Public

Law

of the
knowledge,

information
and

matters
maintained

§36.

belief,
therein
by

and
I
not

the

N.Y.
2015

- j
IEYV

and

to

Valley.

Spring

Sworn

deposes

hereby

pursuant

Petition

is based

knowledge,

sworn,

duly

foregoing

therein

statements

January

being

Verified

of the

those

Spritig

Dated:

the

attached

matters

those

REED,

in

allegations

material
except

D.

petitioners

)

before

RD li.

REED,

Petitione

me
5

r
VltAtR
FONVIL
Public - State of
New York
Reg. No.
OtF06280004
Qualified in Rockland
County
Commission
Expires May 20, go2017
Notary

.
Notary

pubhc
Public

->7~

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

l
I

4

SUPREME

COURT

APPELLATE

OF THE

OF NEW YORK

STATE

SECOND

DIVISION:

DEPARTMENT

X
the

In

Matter

of the

HEYWARD

D.

TAMMY

and
Village

of

Application

YVETTE

REED,

G.

of

TEAL

Index

TYNES,

2

No.

>

BOOTH,

Spring

Citizen

Valley

Residents,

VERIFICATION
Petitioners,
-against-

DEMEZA
Village

DELHOMME,
of

Spring

Mayor,

Valley

Respondent,

For

the

removal

pursuant

of a public

Public

to

officer

Law

Officers

5 36.

X
STATE

NEW

OF

YORK

)
) SS:

OF ROCKLAND

COUNTY

I, YVETTE
one

petitioners

of the

I have

TEAL

read

in

attached

the

allegations

material

those

belief.

As

believe

those

stated

upon

Village

of

statements

personal

to be true.

and

are

to be

stated
based

My
is based

knowledge,

are true

Petition
are

know

upon
as to

belief,
upon

the

deposes

hereby

pursuant

action

Petition

that

sworn,

duly

foregoing

Verified

statements

to

Public

its

contents.

to

my

personal

those

Spring

Valley,

January

15,

subscribed

and
15th

of

day

§36.

knowledge,

and
matters

belief,
therein

maintained

and
I

by

not
the

N.Y.
2015

YVETTE

This

Law

of the

information

information

~

.fig jP:,>if(

Sworn

All

I am

says

Officers

upon

alleged

files

and

Valley.

Spring

Dated:

the

being

Verified
which'
therein
which

those

to

TYNES,

of the

matters

except

)

Ja

before

f~/gP
TYNES,

Petitioner

me

015
I
V}LA}R FQNV}L
- S e of N w
Pu
York
R~q. M p. 01F06280004
QualÎfed
in Rockland
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4pmm}K }op Exp}res
May 20, ~~o~y
Nota

Notary

e

 INDEX NO. 030822/2018

FILED: ROCKLAND COUNTY CLERK 02/15/2018 02:40 PM
NYSCEF DOC. NO. 3

RECEIVED NYSCEF: 02/15/2018

,/
J

j
tj

SUPREME
.

COURT

APPELLATE

STATE

OF THE

OF NEW

SECOND

DIVISION:

YORK

DEPARTMENT
X

In

the

of the

Matter

HEYWARD
and TAMMY
Village

D.

Application

TEAL

YVE'ITE

REED,

G.

of

Index

TYNES,

No.

2

AO/

BO.OTH,

of Spring

Citizen

Valley

Residents,

VERIFICATION
Petitioners,
-against-

DEMEZA
Village

DELHOMME,
of

Spring

Mayor,

Valley

Respondent,
.
For

the

removal

pursuant

of

Public

to

a public

officer

Officers

Law

.

§ 36.

X

NEW

OF

STATE

YORK

)
) SS:

OF ROCKLAND

COUNTY

TAMMY

I,
one

except
belief.
believe

the

read

those

those

stated

upon

Village

of

tobe

personal

that
true.

Valley.

Spring

Valley,

January

15,

Petition
are
are

to

know

are true

stated

to be

based

My

deposes

hereby

pursuant

and

upon

upon

to

my personal

the

those

This

15th

day

of

before

January
r

'

Notary

belief,

not

therein
by

and
I

the

Ill

t

t.~
©'
G. BOOTH,

Petitioner

me

-015
s *
7

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maintained

files

§36.

knowledge,
information

and
matters

Law

of the

N.Y.

2015,":
2015

subscribed

upon

information

TAMMY
and

All

I am

says

Officers

Public

contents.

ggIqf~~
04>V>W

Sworn

and

its

alleged

as to

belief,

is based

knowledge,

Spring

Dated:

which

statements

statements

those

action

Petition

Verified

therein

sworn,

duly

foregoing

Verified

of the

matters
to

As

being

in the

attached

allegations

material

BOOTH,

petitioners

of the

I have

G.

)

VILAIR FONVIL
Notary Public - State
of New York
Reg.
No.
,
01F06280004
Qualified in
Rockland .Countyun'
Commissiott
Expires'May
20, 2017