General News: Article 78 Hearing Postponed
March 09, 2011
By Charlie B. Scirbona
The court case for the Article 78 filed by village of Cornwall-on-Hudson Mayor Joe Gross has been pushed back to March 28.
Appearing in front of state Supreme court judge Elaine Slobod Wednedsay morning, Michael Donnelly, the attorney representing Trustees Mark Edsall, Douglas Vatter and James Kane, asked that the oral arguments for the case the be pushed back so that he could have more time to review the case.
Gross and his attorney, Jonathan Chase, filed the Article 78 Friday. Gross said he filed the case to resolve the matter of paying the village attorney once and for all. Gross is contending that the current law firm chosen by the board is not valid because the village attorney is a mayoral appointment.
However, all three trustees have argued that they chose a law firm to essentially serve as a contractor, which is within the board’s powers.
Donnelly added that he wanted the court date pushed back because of political concerns. Both Trustees Edsall and Vatter are up for reelection Tuesday, as is the Mayor. Gross has repeatedly stated that he will continue with the Article 78 whether he remains mayor or not.
As part of the agreement to push the case back, Donnelly said the board would not take any actions regarding the payments to the law firm until the court date on the 28th.
Brendan Coyne, who is challenging Mayor Gross in the upcoming election, noted in a statement that the Article 78 is a desperate attempt to politicize what is otherwise an important issue. "Ironically, Mr. Gross likes to claim that he is saving money when, in fact, this action would only prove costly and, in the end, embarrassing and fruitless for the village," Coyne said.
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