NEW YORK STATE
Uni?ed Court System

OFFICE OF COURT ADMINISTRATION

 

EILEEN D. MILLETT

LAWRENCE K. MARKS COUNSEL

CHIEF ADMINISTRATIVE JUDGE

November 27, 2019

Jeffrey Millman, Esq.

Deputy Village Attorney

Village of Spring Valley


Anthony Brigandi, Esq.
Assistant Village Attorney
Village of Spring Valley



Dear Mr. Millman and Mr. Brigandi:

As you are aware, Village Mayor Alan Simon previously served as Village
Justice in Spring Valley. He was removed from his judicial office, by Determination of
the Commission on Judicial Conduct, dated March 29, 2016, sustaining six charges of
misconduct, which included inappropriate behavior toward the Chief Clerk and
employees in the Chief Clerk?s of?ce. By Decision dated October 20, 2016, the removal
was upheld by the Court of Appeals.

The Mayor has verbalized his intent to terminate the Chief Clerk, Elsie Cheron on
Monday, December 2, 2019, and to appoint a new Chief Clerk. The Village Justices
have relayed that they do not consent to the termination of Ms. Cheron, nor to the
appointment of a new Chief Clerk.

To be clear, Village Justices Djinsad Desir, David Fried, and acquelin Millien do
not consent to the termination of Elsie Cheron, nor to the appointment of another Chief
Clerk. Accordingly, any such attempted termination and appointment without their
consent would be in violation of sections and of the Village
Law, in which the Legislature clearly established that such action mandated the advice
and consent of the Village Justices.

OFFICE 0 25 BEAVER STREET, NEW YORK, NEW YORK 10004 0 PHONE: 212-428-2150 0 FAX: 212-428-2155

Village Law in pertinent part states: ?The clerk of the court of a
village shall be discharged from employment only upon the advice and consent of the
village justice or justices when the clerk, in his or her Village duties, works solely for the
village justice or justices? (emphasis added). Ms. Cheron serves solely for the Village
Justices as Chief Clerk, and the Justices do not consent to her termination.

Similarly, Village Law states that ?It shall be the responsibility of
the appoint the clerk of the court of the village, if the village has a court, 
upon the advice and consent of the village justice or justices? (emphasis added). The
Village Justices do not consent to the appointment of another Chief Clerk for the Justice
Court.

Any termination of Ms. Cheron and appointment of a new Chief Clerk without the
consent of the Village Justices, therefore in violation of the Village Law, would be null
and void.

Veryt uly yours,



l/ ..

Eileen D. Millett



cc: Hon. Djinsad Desir
Hon. David Fried
Hon. acquelin Millien