A ruling last month in the matter of the Butterfield Library
vs. the Town of Philipstown by New York State Supreme Court Judge Andrew P.
O'Rourke may not have been the last word on the matter.
According to information obtained by the PCN&R last week,
this past Monday, the Town of Philipstown was given the opportunity to submit
final arguments to the Court, even though in hearing the Town's Motion to
dismiss the case, Judge O'Rourke appeared to have rendered a decision on the
underlying Article 78 Petition.
At the time, the decision baffled some Town Board members, who
were unsure if it pertained only to their dismissal motion, or to the entire
case.
"The wording of the decision is also unclear," Councilman
Richard Shea commented following the Judge's first decision. "It was also not
sent certified mail, just slipped under a door in an envelope."
"The Court has authorized me to answer the petition," said
Richard Goldsand, attorney for Philipstown. "The Article 78 is still pending."
He said that both he and the Library's attorney requested from the judge that he
be allowed to continue submitting his response.
But, library officers and their attorney believe that this is
simply a procedural matter and that the original verdict will stand, regardless
of the Town's submission.
Library Director Gillian Thorpe said that she was aware that
the Town has been given the opportunity to submit a final argument, but said
that she understood that the Judge had indeed rendered his decision. She said
that her own attorney had advised her that the judge in ruling not only to deny
the dismissal, but to find in favor of the Library's arguments in the Article 78
petition, skipped a step by not allowing the Town Board's attorney to submit a
final response to the Petition.
"We understand that he had that right," said Thorpe. "Our
attorney agreed that Goldsand would submit a letter to the judge requesting that
he be allowed to submit his argument. We agreed not to fight them on having
their final argument."
The court has granted Goldsand that right. He had until June 6
to submit his answer.
Thorpe is hopeful that, while the process is continuing, the
Judge will not be persuaded. "Could that change the decision? I suppose."
"I think that the judge will allow a final answer and then it
will be done," said Library Attorney Robert Schofield. "I don't think it will
change the decision. I suppose is depends on the answer that Richard submits. We
were very happy with the decision. Even if the decision stands, Thorpe said that
it is unlikely that the Library will celebrate anytime soon. "They have the
chance to appeal, like everybody does."
In fact, according to Goldsand, the Town has authorized him to
begin an appeal on the decision to deny his dismissal.
Philipstown Town Supervisor William Mazzuca did not return a
call for comment.
In response to our inquiries, Judge O'Rourke said that he does
not comment on cases that he has just ruled on.
