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The Greenburgh Town Board decided to appeal Judge Cacace's decision on the validity of the Edgemont incorporation petition. In 2018 the Appellate Division of the Supreme Court reversed a similar decision and found that the first petition was invalid.
On May 21, 2020, Judge Susan Cacace, Acting Justice of the Supreme Court of the State of New York, rejected and set aside my decision denying the sufficiency of the Edgemont Incorporation Committee’s (EIC) most recent petition for incorporation and ordered that the Town Clerk schedule a vote within 40 days of the time of the filing of the decision.
Judge Cacace’s decision followed closely her arguments for the EIC’s first petition, which was overturned unanimously by a decision of the Appellate Division of the State of New York on October 17, 2018. Further, the New York State Court of Appeals would not hear the first case, bringing this matter to closure, rendering my original rejection of the petition in force.
The Town Supervisor met with the Town Council and legal counsel on May 22 to discuss appealing the recent decision to the Appellate Division and it was decided to move forward with the Appeal.
I remain confident that this decision will also be overturned by the Appellate Division. The petitioner must meet the full requirements and obligations of New York State Village Law. I believe that a matter as potentially damaging to our Town as the incorporation of Edgemont requires a strict interpretation of the law.
I will continue to provide information regarding this matter as it becomes available.