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    On October 5, 2015, Non-Profit organization Preserve Hudson Valley and individuals filed an Article 78 lawsuit to fight the 164 acre annexation of land from the Town of Monroe into the Village of Kiryas Joel. This is the full petition that was filed with the NYS Supreme Court

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    On October 5, 2015, Non-Profit organization Preserve Hudson Valley and individuals filed an Article 78 lawsuit to fight the 164 acre annexation of land from the Town of Monroe into the Village of Kiryas Joel. This is the full petition that was filed with the NYS Supreme Court

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    560 views98 pages

    Preserve Hudson Valley Annexation Lawsuit

    Uploaded by

    John N. Allegro
    On October 5, 2015, Non-Profit organization Preserve Hudson Valley and individuals filed an Article 78 lawsuit to fight the 164 acre annexation of land from the Town of Monroe into the Village of Kiryas Joel. This is the full petition that was filed with the NYS Supreme Court

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    ‘SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER PRESERVE HUDSON VALLEY, JOHN ALLEGRO, EMILY CONVERS and LOUIS M. CERQUA Index No. Potitioners/Plantitts, against - NOTICE OF VERIFIED ARTICLE. 78 PETITION ‘TOWN BOARD OF THE TOWN OF MONROE, TOWN, ‘AND COMPLAINT ‘OF MONROE SUPERVISOR HARLEY DOLES, VILLAGE BOARD OF THE VILLAGE OF KIRYAS JOEL, ACTING COMMISSIONER MARC GERSTMAN ‘AS SUCCESSOR TO JOS2PH MARTENS OF THE NEW "YORK STATE DEPARTMENT OF ENVIRONMENTAL, CONSERVATION, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, EMANUEL LEONOROVITZ, BASYA SABOY, MENDE BREUER, ELLA BREUER, CONG BETH ARYEH, ESTHER STESSEL, 257 MOUNTAINVIEW TRUST/ERWIN LANDAU, DAVID GOLDBERGER, TZIPORA GOLDBERGER, 483 105 CORP, 481 COUN. CORP, PORT ORANGE HOLDINGS, ISIDOR LANDAU, PROVIDER- HAMASPIC OC, JOEL BRACH, HENRY WEINSTOCK, BETH FREUND, JOSEPH STRULOVITCH 1, LL LILLIAN STRULOVITCH, PINCUS J. STRULOVITCH, HERBST FAMILY HOLDINGS LLC, HASHGUCHA, PRUTIUS LLC, BE & YOREALTY, INC, BENNY WERCBERGER, RACHEL WERCBERGER, ISRAI WEBER, SIGMOND BRACH, POREST EDGE DEVELOPMENT, LLC, BRUCHA PROPERTIES LID., POREST ROAD, NAFTALI AUSCH, KENT NEIGHBORHOOD, LLC, RAFOEL A. KRAUSZ, ELIYAHU POLATESECK, ROSA POLATSECK, MOISHE OPPENHEIM, WOLF WERCBERGER, ZALMEN STERN, RIVKA OPPENHEIM, LIPA ‘OPPENHEIM, YEHUDA BERGER, SEVEN SPRINGS CORP, MENDEL OPPENHEIM, RAIZEL BVA FREUND, ISAAC GLANZER, JUDY GLANZER, MOSES GOLDBERGER, SIMON GELB, SAMUEL. KAHAN, 7 SPRINGS VILLAS L1.C, CHAIM LANDAU, JOSEF FRIEDMAN, FRIEA FREIDMAN, SILAH ROSENBERG FAM, LLC DEBORAH ROSENBE ABRAHAM ROSENBERG, ISAAC ROSENBERG, FOREST ROAD CAPITAL, LLC, COMMANDER REALTY ASSOC. INC,, AMAZON/BURDOCK RLTY ASSOC INC,, ATKINS BROS INC., DER BLATT, INC., BAIS YISSROEL CONG, BERSH STERN, ALEX NEUSTADT, CHAIM FRIEDMAN, GOLDY FRIEDMAN, SEVEN SPRINGS RLTY INC, SARA. GELB, FRNO BODEK, RACHEL BODEK, ARTHUR MEISELS, AM SEVEN SPRINGS LLC, JACOBS. HICKORY LLC, 282 MOUNTAINVIEW DRIVE, LL( JOEL REISMAN, PAULA RESIMAN, VISTA PEARL LLC, KONITZ ESTATES, JACOB WIEDER, CHAYA. WEIDER, MARSHA WAGSCHAL, CONG LANZUT OF 0 C, FLIAZER GLANZER, ESTHER GLANZER, 72 SEVEN SPRINGS RD LLC, 131 ACRES RD LLC, BAKERTOWN ESTATESLLC, 12 BAKERTOWN HOLDING, HARRY ARNSTEIN, ESTHER ARNSTEIN, SHRAGA GREEBAUM, RELY GREEBAUM, JACOB SCHWARTZ, RENEE SCHWARTZ, YEHOSUA, WEINER, DEVORAH WEINER, ALFRED WEINGARTEN, SOLOMON ELLENBOGEN, HANA PERLSTEIN, SIMON KATZ, RAIZY ELLENBOGEN, BUILDING 54 LLC, MORDECHAI GOLDBERGER, MOUNTAINVIEW NY ESTATES, INC,, ISRAEL WERZBERGER, YITTELS WERZBERGER, JOSSI LEIG WERZBERGER, NDS PROPERTY MANAGEMENT INC., BENJAMIN GREEN, CHAYA GREEN, CHAIM PARNES, MIRIAN PARNES, TOBIAS \CHREIBER, FEIGE SCHREIBER, MARTIN TERKELTAUB, ZIGMUND KLEIN, ORANGE NY HOMES, INC,, VINTAGE APARTMENTS LLC, UPSCALE 4 HOMES CORP., JOSEPH STRULOVITCH 1, LLC, ABS 11-07 TRUS”, BAKERSTOWN REALTY EQUITIES, and JACOB BANDUA TRUS Respondents/Defendans. PLEASE TAKE NOTICE, that upon the annexed Verified Anicle 78 Petition and Complaint, verified on the 5" day of October, 2015, all exhibits annexed thereto, and the underlying administrative record, an application will he made to the Supreme Court of the State ‘of New York, County of Westchester, 111 Dr. Martin Luther King J. Boulevard, White Plains, ‘New York 10601 on dhe 20h day of November, 2015, at 930 o'lock in the forenoon, or as soon ‘hereafter as counsel ean be head, for a judament granting the relief requested inthe Petition and ‘Complaint, for easonsinchung, but not mite, thatthe folowing determinations were made in violation of lawl precedure, wore affected by error of law, andlor were arbitary and capricious or an abuse of discretion, a follows (© Anuling, vacating and setting aside the Town Board ("Town Board”) of the Town of Monroe's ("Town") Involved Agency Findings Statement, adopted September 8, 2015, purportedly pursuant tothe New York State Environmental Quality Review ‘Act (SEQRA") ("Town Board's SEQRA Findings” copy annexed to Verified Petition as Exhibit “A; Gi Anulling, vacating and setting aside the Town Bours “Decision, Resolution, Onder: $07.4 Acre and 163.8 Acre Annexation,” adopted September 8, 2015 (Town Board's Annexation Resolution,” copy annexed to Verified Petition as Exhibit “B"), Gi) Anmulling, vacating and seting aside the Village of Kiryas Jool (Village”) Board of Tastes’ (“Village Board”) Resolution, Findings and Order Approving tbe Petition for Amnexation of 164 + Actes from the Town of Monroe to the Village of Kiryas Joel, adopted September ¢, 2015 (“Village Board's 164 Resolution,” copy annexed t Verified Petition as Exbibit“C"), Gv) Annulling, vacating and seting aside the Village Boar's Resolution, Findings and Order Appreving the Petition for Annexation of 507 ++ Acres from the Town of Monroe to the Village of Kiryas Joel, adopted September 6, 2015 (‘Village Board's 507 Resolution,” copy annexee to Verified Petition as Exhibit “D o Annulling, vacating and setting aside the Village Board's SEQRA Statement of Findings, adopted September 6, 2015 (“Village Board's SEQRA Findings”); (i) Annulling, vacating and setting aside the Village Board's Findings with Respect to Compliance of the S07-Acre and 164-Acre Petitions for Annexation with the provisions of Article 17 of the General Municipal Law and with Respeot to the Effect of such Proposed Annexations or the Over-All Public Interest,” dated September 6, 2015 (Village Board's Annexation Findings,” copy annexed to Verified Petition as Exhibit “E"); and c Commissioner") of the New York State Deparment of Environmental Conservation’s ) _Annulling, vacating and setting aside the Commissioner (the DEC") determination to designate the Village Board as Lead Agency forthe subject SEQRA, review, dated January 28, 2015. (Copy annexed to Verified Petition as Exhibit °F") (iii) awarding Petitioners the costs and dishursements ofthis action; (>) awarding Petitioners attomey's fees in 2 sum to be determined by the Court: and © granting Petitioners such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to Section 7804(¢) of the Civil Practice Laws and Rules ("CPLR"), a Verified Answer and supporting affidavits if any, ‘must be served at leat five (5) days before the etum date of this application and that, pursuant [Intentionally Left Blank] CPLR Section 7804(c), Respondents/Defendants are directed to file « certified copy of the proceedings to be considered herein. Dated: October 5, 2015 White Plains, New York By: ZARIN & STEINMETZ. Daniel M, Richmond Attorneys for Petitioners Plaintiffs Preserve Hudson Valley, John Allegro ‘and Louis M. Cerqua BI Main Steet, Suite 415, White Plains, NY 10601 (914) 682-7800 ‘SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER PRESERVE HUDSON VALLEY, JOHN ALLEGRO, Petitioners/Plantff, + against - ‘TOWN BOARD OF THETOWN OF MONROE, TOWN (OF MONROE SUPERVISOR HARLEY DOLES, VILLAGE BOARD OF TAE VILLAGE OF KIRYAS JOEL, ACTING COMMISSIONER MARC GERSTMAN ‘AS SUCCESSOR TO JOSEPH MARTENS OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL ‘CONSERVATION, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, EMANUEL LEONOROVITZ, BASYA SABOY, MEND2 BREUER, ELLA BREUER, CONG BETH ARYEH, FSTHER STESSEL, 257 MOUNTAINVIEW TRUST/ERWIN LANDAU, DAVID. GOLDBERGER, TZIPORA GOLDBERGER, 483 105 CORP., 481 COUN. CORP., PORT ORANGE HOLDINGS, ISIDOR LANDAU, PROVIDI HAMASPIC OC, JOEL BRACH, HENRY WEINSTOCK, BETH FREUND, JOSEPH STRULOVITCH 1, LLC, LILLIAN STRULOVITCH, PINCUS J. STRULOVITCH, HERBST FAMILY HOLDINGS LLC, HASHGUCHA PRUTIUS LLC, BE & YO REALTY, INC., BENNY WERCBERGER, RACHEL WERCBERGER, ISRAI WEBER, SIGMOND BRACH, FOREST EDGE DEVELOPMENT, LLC, BRUCHA PROPERTIES LTD., FOREST ROAD, NAFTALI AUSCH, KENT NEIGHBORHOOD, LLC RAFOEL A. KRAI ELIYAHU POLATESECK, ROSA POLATSECK, MOISHE OPPENHEIM, WOLF WERCBERGER, ZALMEN STERN, RIVKA OPPENHEIM, LIPA ‘OPPENHEIM, YEHUDA BERGER, SEVEN SPRINGS CORP., MENDEL OPPENHEIM, RAIZEL EVA FREUND, ISAAC GLANZER, JUDY GLANZER, MOSES GOLDBERGER, SIMON GELB, SAMUEL KAHAN, 7 SPRINGS VILLAS LLC, CHAIM LANDAU, JOSEF FRIEDMAN, FRIDA FREIDMAN, SILAH Index No. Petitioners/PlainttTs designate Westchester County asthe place of Trial, ‘The basis of venue is: The determinations complained of were ‘made and the material events took place in the County of Orange ‘which is located in the Ninth Judicial District ‘SUMMONS, ROSENBERG FAM, LLC, DEBORAH ROSENBERG, ABRAHAM ROSENBERG, ISAAC ROSENBERG, FOREST ROAD CAPITAL, LIC, COMMANDEER "ALTY ASSOC. INC., AMAZON/BURDOCK RLTY ASSOC INC,, ATKINS BROS INC., DER BLATT, INC., BAIS YISSROEL CONG, BERSH STERN, ALEX NEUSTADT, CHAIM FRIEDMAN, GOLDY FRIEDMAN, SEVEN SPRINGS RLTY INC,, SARA GELB, ERNO BODEK, RACHEL BODEK, ARTHUR MEISELS, AM SEVEN SPRINGS LLC, JACOBS HICKORY LLC, 282 MOUNTAINVIEW DRIVE, LLC, JOEL REISMAN, PAULA RESIMAN, VISTA PEARL. LLC, KONITZ ESTATES, JACOB WIEDER, CHAYA. WEIDER, MARSHA WAGSCHAL, CONG LANZUT OF 0 C, ELIAZER GLANZER, ESTHER GLANZER, 72 SEVEN SPRINGS RD LIC, 131 ACRES RD LLC, BAKERTOWN FSTATES LLC, 12 BAKERTOWN HOLDING, HARRY ARNSTEIN, ESTHER ARNSTEIN, SHRAGA GREEBAUM, 2ELY GREEBAUM, JACOB SCHWARTZ, RENEE SCHWARTZ, YEHOSUA WEINER, DEVORAH WEINER, ALFRED WEINGARTEN, SOLOMON ELLENBOGEN, HANA PERLSTEIN, SIMON KATZ, RAIZY ELLENBOGEN, BUILDING 54 LLC, MORDECHAI GOLDBERGER, MOUNTAINVIEW NY ESTATES, INC., ISRAEL WERZBERGER, YITTELE WERZBERGER, JOSSI LEIG WERZBERGER, NDS PROPERTY. MANAGEMENT INC., BENIAMIN GREEN, CHAYA GREEN, CHAIM PARNES, MIRIAN PARNES, TOBIAS SCHREIBER, FEIGE SCHREIBER, MARTIN ‘TERKELTAUB, ZIGMUND KLEIN, ORAN( HOMES, INC., VINTAGE APARTMENTS LLC, UPSCALE 4 HOMES CoRP., JOSEPH STRULOVITCH 1, LLC, AES 11-07 TRUST, BAKERSTOWN REALTY EQUITIES, and JACOB BANDUA TRUST, Y Respondents/Defendans, ‘To the above named Respondents/Defendants YOU ARE HEREBY SUMMONED to answer the Verified Petition and Complaint in this action and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve notice of appearance, on the Petitionee/Plaintif’s Attomey within 20 days after the service ofthis summons, exclusive ofthe day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in ease of your failure to appear or answer, judgment will be taken against you by default forthe relief demanded in the Complaint Dated: Octuber 52015 ‘White Plains, New York ZARIN & STEINMETZ By: by fe iniel M. Richmond, Eq, Autorneys for Pettioners/Plainfs Preserve Hudson Valley, John Allegro ‘and Louis M. Corguat 81 Main Stree, Suite 415 White Plains, NY 10601 (014) 682-7800 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF WESTCHESTER 'RVE HUDSON VALLEY, JOHN ALLEGRO PRES and LOUIS M. CERQUA Index No. Petitioners Plaintiffs, + against - VERIFIED ARTICLE 78 PETITION TOWN BOARD OF THE TOWN OF MONROF, TOWN AND COMPLAINT OF MONROE SUPERVISOR HARLEY DOLES, VILLAGE BOARD OF THE VILLAGE OF KIRYAS JOEL, ACTING COMMISSIONER MARC GERSTMAN [AS SUCCESSOR TO JOSEPH MARTENS OF THE NEW ‘YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL. CONSERVATION, EMANUEL LEONOROVITZ, BASYA SABOY, MENDE BREUER, ELLA BREUER, ‘CONG BETH ARYEH, ESTHER STESSEL, 257 MOUNTAINVIEW TRUST/ERWIN LANDAU, DAVID. GOLDBERGER, TZIPORA GOLDBERGER, 483 105 CORP, 481 COUN. CORP, PORT ORANGE HOLDINGS, 1IDOR LANDAU, PROVIDER HAMASPIC OC, JOEL BRACH, HENRY WEINSTOCK, BETH FREUND, JOSEPH STRULOVITCH 1, LLC, LILLIAN STRULOVITCH PINCUS J, STRULOVITCH, HERBST FAMILY HOLDINGS LLC, HASHGUCHA PRUTIUS LLC, BE & YO REALTY, INC., BENNY WERCBERGER, RACHEL WERCBERGER, ISRAEL. WEBER, SIGMOND BRACH, FOREST EDGE DEVELOPMENT, LLC, BRUCHA PROPERTIES LTD... FOREST ROAD, NAFTALI AUSCH, KENT NEIGHBORHOOD, LLC, RAFOFL A. KRAUSZ, ELIYAHU POLATESECK, ROSA POLATSECK, MOISHE OPPENHEIM, WOLF WERC! ‘ZALMEN STERN, RIVKA OPPENHEIM, LIPA OPPENHEIM, YEHUDA BERGER, SEVEN SPRINGS CORP, MENDEL OPPENHEIM, RAIZEL EVA FREUND, ISAAC GLANZER, JUDY GLANZER, MOSES GOLDBERGER, SIMON GELB, SAMUEL KAHAN, 7 SPRINGS VILLAS LLC, CHAIM LANDAU, JOSEF FRIEDMAN, FRIDA FREIDMAN, SILAH ROSENBERG FAM, LLC, DEBORAH ROSENBERG, ABRAHAM ROSENBERG, ISAAC ROSENBERG, FOREST ROAD CAPITAL, LLC, COMMANDER REALTY ASSOC. INC., AMAZON/BURDOCK RLTY ASSOC INC,, ATKINS BROS INC., DER BLATT, INC., BAIS YISSROEL CONG, BERSH STERN, ALEX NEUSTADT, CHAIM FRIEDMAN, GOLDY FRIEDMAN, SEVEN SPRINGS RLTY INC., SARA. GELB, ERNO BODEK, RACHEL BODEK, ARTHUR -MEISELS, AM SEVEN SPRINGS LLC, JACOBS HICKORY LLC, 282 MOUNTAINVIEW DRIVE, LLC, JOEL REISMAN, PAULA RESIMAN, VISTA PEARL LLC, KONITZ ESTATES, JACOB WIEDER, CHAYA WEIDER, MARSHA WAGSCHAL, CONG LANZUT OF (OC, BLIAZER GLANZER, ESTHER GLANZER, 72 SEVEN SPRINGS RD LLC, 131 ACRES RD LLC, BAKERTOWN ESTATESLLC, 12 BAKERTOWN HOLDING, HARRY ARNSTEIN, ESTHER ARNSTEIN, SHRAGA GREEBAUM, RELY GREEBAUM, JACOB SCHWARTZ, RENEE SCHWARTZ, YEHOSUA WEINER, DEVORAH WEINER, ALFRED WEINGARTEN, SOLOMON ELLENBOGEN, HANA PERLSTEIN, SIMON KATZ, RAIZY ELLENBOGEN, BUILDING 54 LLC, MORDECHAI GOLDBERGER,, MOUNTAINVIEW NY ESTATES, INC,, ISRAEL WERZBERGER, YITTELE WERZBERGER, JOSSI LEIG WERZBERGER, NDS PROPERTY MANAGEMENT INC,, BENJAMIN GREEN, CHAYA GREEN, CHAIM PARNES, MIRIAN PARNES, TOBIAS SCHREIBER, FFIGE SCHREIBER, MARTIN ‘TERKELTAUB, ZIGMUND KLEIN, ORANGE NY HOMES, INC., VINTAGE APARTMENTS LLC, UPSCALE 4 HOMES CORP., JOSEPH STRULOVITCH 1, LLC, AES 11-07 TRUST, BAKERSTOWN REALTY EQUITIES, and JACOB BANDUA TRUST, Respondents/Defendants. Pesitioners/lainifs PRI RVE HUDSON VALLEY (“PHY”), JOHN ALLEGRO (“Allegro”), EMILY CONVERS, (“Convers”), and Louis Cerqua ("Cerqua,” together with PHY, Allegra and Convers, “Petitioners"), by their attomeys, Zarin & Steinmetz, as and for is Verified Petition and Complain, respectfully allege, as follows: SUMMARY OF ACTION 1. Pelitioners/PlainttTs bring this proceeding pursuant to Amicle 78 of the [New York Civil Practice Law and Rules (“CPLR”) to challenge, annul, vacate and set aside: @ the Town Board (“Town Board”) of the Town of Monroe's (“Town”) Involved Ageney Findings Statement, adopted September 8, 2015, purportedly pursuant 0 the ‘New York State Environmental Quality Review Act ('SEQRA”) (“Town Board’s SEQRA Findings,” copy annexed hereto as Exhibit “A"); Gi) the Town Board's * cision, Resolution, Onder: 507.4 Acre and 163.8 Acre Annexation,” alopted September 8, 2015 (“Town Board’s Annexation Resolution,” copy annexed hereto as Exhibit Gil) the Vilage of Ktyas Joel ("Village") Board of Trustees” (“Village Board") Resolution, Findings and Order Approving the Peston for Annexation of 164 + Acres fiom the Town of Monroe to the Village of Kryas Joel, adopted September 6, 2015 (Village Board’s 164 Resoluti * copy annexed hereto as Exhibit “C); Gv) he Village Board's Resolution, Findings and Order Approving the Petition for Annexation of S07 +/+ Acres from the Town of Monroe to the Village of Kiryas Joel, adopted September 6, 2015 ("Village Board's 507 Resolution,” copy annexed hereto as Exhibit “D"), o the Village Board's SEQRA Statement of Findings, adopted September 6, 2015 (“Village Board's SEQRA Findings,” eopy annexed hereto as Exhibit “E”); (vi) the Village Board’s Findings with Respect wo Compliance ofthe S07- Acte and 164-Acre Petitions for Annexation with the provisions of Article 17 of the General son the Over-All Municipal Law and with Respeet tothe Effet of such Proposed Annex Public Interest” dated Seplember 6, 2015 (Village Bosrd’s Annexation Findings” copy annexed hereto as Exhibit) and (ii) te Commissioner (the “Commissione”) of the New York State Department of Environmental Conservation’s (“DEC”) determination to designate the Village Board as Lead Agency forthe subject SEQRA review, dated January 28, 2015. (Copy annexed hereto as Exhibit “G) 2 To the extent necesury, the eaims set forth herein shouldbe deemed to be for declaratory relief. 3, There are two petitions for the annexation of tenitory from the Town to te Village that are at issue ere: @ _apsition, submited on or bout December 27,2013, othe Town Coun and the Village Boar, which purports t seck the annexation to the Village of approximately 507 acres of territory in the Town (the "S07 Petition”), and; Gi) petition, submitted on or about August 20, 2014, to the Town Council ‘and the Village Board, which purports to seek the annexation by the Village of approximately 164 acres of land in the Town (the “164 Petition,” collectively with the S07 Petition, the “Annexation Petitions”) 4. The Town Board’s and the Village Board's respective determinations on the Annexation Petitions, were and remain unconstitutional, illegal, irrational, arbitrary and capricious, and ultra vires fer a variety of reasons, including, but not limited to: + Violation of Establishment Clause: The Town Board’s and the Village Board's determinstions on the Annexation Petitions would unconstitutionally cede electoral tetory and poliical power to a political subdivision whose franchise is, in effect, determined by a religious tet. See Boand of Education of Kiryas Joel Village School District v. iument, et al. (“Kiryas Jue), 512 US. 687, 114 S. CL2481 (1994) (holding that legislative action that created a separate school district solely to serve the Village's “distinctive population” impermissibly delegated political power “to an electorate defined by common religious belief and practice, ina manner that fails to foreclose religious favoritism”). The unconstitutional result, posed by the Annexation Petitions, in and of itself renders their form and content noncompliant ‘with Article 17 of the General Municipal Law (the “Municipal Annexation Law”); + Arbitrary Designation of Village Board As Lead Agency: In settling the dispute between the Town Council and the Village Board as to which should serve as Lead Agency for the subject SEQRA review, the DEC Commissioner was required to consider criteria including “which egency has the greatest capability for providing the most thorough environmental assessment of the proposed action, 6 NYCRR. § 617.6(b\5)v). The Commissioner, however, ignored the Vilage’s proven history of willful noncompliance with environmental and land use requirements, including SEQRA. The resulting willfully defective environmental review comes as no surprise;* + Arbitrary and Capricious SEQRA Determination By Town Council: The Town Board's own SEQRA Findings Stale that “a supplemental [generic ‘exvironmental impact statenent] needs to be prepared to properly address the buildout potential ‘of the entire [Village with tbe Proposed Annexations] and provide the public with an opportunity to comment on the anticipated impacts associated with the proposed annexation and reculting/anticipated inereae in density and population of the S07 aeres of exiting Town lands ‘as well ax the 164 acre cllernative annexation.” ‘The Town Couneil thus rejected the 507 Petition. The Town Counc! offered no explanation in its SEQRA Findings as to why it came to ‘a completely inconsistent determination in favor ofthe 164 Petition, As the Town Board'ss own ‘consultant advised: “the proposed annexations cannot he properly evaluated by the Monroe Town Board and others” bocause of the large gups in the analysis. Furthermore, the Board of Education for the Monroe-Woodbury Central School District (*MWCSD") concluded that even using the “inaccurate premises” in the environmental analysis, “the impact on MWCSD cannot be overcome.” The Town Board’ss issuance of SEQRA Findings in favor of the 164 Petition was thus irrational; + Arbitrary and Capricious SEQRA Determination By Village Board: Fortunately the law is cleat, as stated in a decision vacating another flawed environmental review by the Village, that “[o]ne cannot presume that the requisite ‘hard look” was taken based on the thidkness of the DEIS of because the [ageney’s] consultants were highly © PatiionersyPIsintssresdy have a pending challenge tothe DEC Commissioner’ designation ‘ofthe Village Board as Lead Agency, which the respondents in that proceeding have argued is premature See Preserve Hudson Valley, net al. v. NV S. DEC. et al, Index No 2015-001707 (Sup. Ct Orange (Co, (Connolly, 1). The same challenge i sed herein in an excess of caution. regarded in thie felis." See Cnty. of Orange v. Vil of Kirvas Joe, 11 Mise. 3d 1086(A), 815 N-YS.2d 494 (Sup. Ct Orange Cnty. 2005) aff'd as modified, 44 A.D.3d 765,844 NY.S.24 57 (2a Dept, 2007). The Village's SEQRA Findings ae lawed in multiple respects, including their axbitary and iatonal use ef 2025 a the ouside date fr impacts analysis. As the Town Board's consultant the Orange County Planning Department, the MWCSD, and many others pointed out, the subject SEQRA review was fundamentally awed because i limited analysis o 10 years out ~ toend the impacts analysis at 2025. The Village itself, however, submitted projections to the State Environmental Failtes Corporation for incredibly high density development through 2045, which, inthe absenc of rational mitigation measures, wil cause unsustainable impacts on ‘wate, seer, and many other areas of envzonmental concer. + Improper Use of Annexation to Up-Zone: The Courts uniformly hold that municipalities are not permitted to use annexation to evade existing zoning constraints. The Village, however, has made it clear that if ether Annexation were allowed, it would amend the applicable zoning to allow for high-density development. For this reason alone, the form and content ofthe Annexation Fetitions fails o comply with the Municipal Annexation Law, + Improper Creation of “Baroque” Boundaries: New York Courts reject proposed ansexations that would result in “baroque” or “iepular and jagged indentations of the boundaries between the municipalities” The form and content of the 507 Petition, in particular, fails to comply with the Municipal Annexation Law because it would ‘create baroque boundaries, and adversely affect the “unity of community” of the Town residents left behind in an isolated “island” + Violation of Town Bthies Code: The Town Council Members who vated in favor of the 164 Petition violated the Town Codo's Standard of Conduct, which ‘establishes that no Town Council Member can take any action that “causefs} voluntary segregation, directly or indirectly, based upon creed.” (Monroe Town Code § 44(IQ1).) The “Municipal Annexation Law be construed to avoid objectionable results, such as violations of the Town's Standard of Conduct. See, eg, NY Stat. § 148; + Insufficient Signatures and Territorial Deseription: The form and content of the Annexation Petitions otherwise violates the form and content of the Municipal ‘Annexation Law because the Petitions were ascribed by insufficient signatures and lack a clear description of te territory proposed for Annexation, and; cstablishes that where thee in a prior proceeding conceming certain territory pending, Jurisdition to consider and determine other proceedings concerning the same territory is ‘excluded. Under this Rule, once the 507 Petition was initiated, no other Annexation Petition concerning the same terrtery could be initiated until the 507 Petition process was concluded, ‘Consequently, the processirg ofthe 164 Petition was ula vires 5 Accordingly, the subject determinations should be reversed, vacated and nullified ‘THE PARTIES 6 Petitioner/Plaitff Preserve Hudson Valley, Inc. (“Preserve Hudson. Valley”) is a duly registered Not-for-Profit Corporation with offices located at 1150 East ‘Mombasha Road, Monroe, New York 10950. 1 Preserve Hudson Valley's aims are: (i) to preserve and protect Orange County, New York and surrounding areas from overdevelopment, including efforts to promote the sustainability of all resources, an i) to preserve and defend the constitutional and historic separation of religion from government institutions in order to protect the public interest of the citizens of Orange County. 8 ‘This proceeding is germane to Preserve Hudson Valley's purpose 9. Multiple members of Preserve Hudson Valley have individual standing to challenge the suaject actions, including Petitioner/PlaintffJobn Allegro, 10 ‘The participation of none of Preserve Hudson Valley's members is necessary tothe relief requested herein. IL Petitioner/Plaintiff John Allegro (“Allegro”) resides at 288 Seven ‘Springs Mountain Road in te Town of Monroe, New York. 2. Me. Allegro resides within approximately SSO fet ffom the teritory that isthe subject ofthe 507 Petition 13. Mr. Allegro would be directly and uniguely impacted by the annexation of Town land tothe Village under either the 164 or the $07 Petition M4 Mr. Allegro would, for example, be uniquely adversely impacted by the adverse unstudied! impacts resulting from either the 168 or the 507 Petition on aesthetics, visual eoncems, and community character. 15 Mr. Allegro has @ daughter who attends the MWCSD public schools, which would be adversely impacted by the unstodied significant adverse impacts of the Proposed Annexation. 16. Petitioner/Plainif Emily Convers (“Convers”) resides at 22 Sunset Heights, in the Town of Moaroe, New York. n Ms. Convers is in Orange County Sewer District #1, which would be adversely impacted by the unstudied significant adverse impacts of the Proposed Annexation. 18 Ms. Convers has two sons who atten the MWCSD public schools, ‘which would be adversely impacted bythe unstuie significant adverse impacts ofthe Proposed Anexation. 19, Peitoner/Plsintff Louis M. Cerqua (*Cerqu) resides at 300 Forest Road in the Town of Woodbury, New York 20. Mr. Corqua resides adjacent to the tenitory that isthe subject of both the 164 and the $07 Paton. 21 Mr. Cergua would, for example, be uniquely adversely impacted by the adverse, unstudied impcts of resulting ftom either the 164 or the S07 Petition on aesthetics, visual concems, and community character. 2 RespondenvDefendant the Town Board of the Town af Monroe is the elected body ofthe Town, with offices at 11 Stage Road in the Town of Monroe, New York. 2, RespondentDefendant Harley Does is the Supervisor ofthe Tow of Monroe, with offices at 11 Stage Road in the Town of Monroe, New York 24, Supervisor Doles ats as a member of the Town Board, and voted cn the subjet Town Board determinations. 2s, RespondenyDefendant the Village of Kiryas Joel (che “Villye”) Board of Trustes (the “Vilage Board) is the elected body of the Village, with offices at $1 Forest Road inthe Village cf Kiryas Joel, New York 26. RespondenDefendant Mare Gerstman, is the Acting Commissioner Commissioner Gerstman") of the New York S te Department of Environmental Conservation DEC"), with offices at 625 Broadway inthe City of Albany, New York, 2, Commissioner Gersiman is the successor to DEC Commissioner Joseph J. Martens 28 Commissioner Martens rendered the determination designating the ‘Village Board as the Lead Ageney forthe subject SEQRA review, 29, ‘The New York State Department of Environmental Conservation is, «an agency of the State of New York, with offices at 625 Broadway in the City of Allany, New York: 30. Upon information and belief, Emanuel Leonorovitz and Basya Saboy, are listed as signaters of the 507 Petition and purport to be the owners of real property located at 266 Mountainview Drive, Monroe, New York 10950, 31 ‘Upon information and belief, Mende Breuer, is listed as signator of the $07 Petition and purports to be the owner of real property located at 215 Mountainview Drive, Monroe, New York 10950 and 221 Mountainview Drive, Monroe, New York 10980, 32, ‘Upon information and belief, Ella Brever, is listed asa signator of the 507 Petition and purperts to be the owner of real property located at 245 Mountainview Drive, Monroe, New York 1095. 33 Upon information and belief, Cong Beth Aryeh, by Esther Tamb, is listed as a signator of the 507 Petition and purports to be the owners of rel property located at 230 Mountainview Drive, Monroe, New York 10950, 4, ‘Upon information and belief, Esther Stesel is listed asa signator of the 507 Petition and purpoets to be the owners of real property located at 277 Mountainview Drive, Monroe, New York 10950 35. ‘Upon information and belief, 257 Mountainview ‘Trust/Erwin Landau Trust & Erwin Landau as Trustee ae listed as signators of the 507 Petition and purport to be the owners of real property located at 257 Mountainview Drive, Monroe, New York 10950. 36. Upon. information and belief, David Goldberger and Teipora Goldberger, are listed as Signators of the S07 Petition and purport to be the owners of real property located at 269 Mountainview Drive, Monroe, New York 10950, a. ‘Upon information and belief, 483 105 Corp, by Martin Schlesinger, is listed asa signator of the $07 Petition and purports to be the ower of real property located at 483 County Route 105, Monroe, New York 10950, 38, ‘Upon information and belief, 481 Coun. Comp, by Martin Schlesinger, is listed as a signator of the 507 Petition and purports to be the over of real property located 481 Co Rte 105, Monroe, New York 10950. 0 30 Upon information and belief, Port Orange Holdings, by Isidor Landau, is listed as a signator of the 507 Petition and purports to be the owner of zeal property located at Spring Ré., Monme, New York 10950. 40 Upon information and belief, Isdor Landau, is listed asa signator of the 507 Petition and purpons to be the owner of real property located at 21 ClfF Ct, Monroe, ‘New York 10950, a Upon information and belief, Providerslamaspie OC, by Moses Wertheimer, i listed as a signator of the 507 Petition and purports to be the owner of real propery located at 121 Acres Ra, Monroe, New York 10950. 2 Upon information and belief Joel Brac, is listed as signator of the 507 Patition and purports tobe the owner of rel property’ located at 29 Chevron Rd, Monzoe, ‘New York 10950, 2. Upon information and belie, Henry Weinstock, is listed as a signator of the 507 Petition and porports to be the owner of real propery located at 273 “Mountainview Drive, Mone, New York 10950, 4. Upon information and belie, Beth Freund, by Leopold Freund, is listed as a signator ofthe 507 Petition and purports tobe the owner of real property located at 236 Acres Roak Monroe, New York 10950, 45, ‘Upon information and belief, Joseph Struloviteh 1, LLC, by Joseph Strulovite, is listed as a signator of the SO7 Petition and purports 10 be the owner of real property located atl Israel Zupnic, Monroe, New York 10950, 46 Upon information and belief, Lillian and Pincus J. Struovitch, are listed as signatrs ofthe 507 Petition and purport tobe the owners of ral property Tocated at 180 ‘Acres Road, Unit 201, Monroe, New York 10950. a, Upon information and belie, Herbst Family Holdings LLC, by Henry Herbs, i listed asa signator of the S07 Petition and purports to be the owner of real property located 210 Acres Road, Monroe, New York 10950. 8 Upon information and belief, Hashaucha Protius LLC, by Simon ‘Weis, is listed as a signatr of the 507 Petition and purports to be the owner of real property located St, Rte. 17 M, Monrae, New York 10950. 49, Upon information and belie, Be & Yo Realty, Ine, is listed as a signator ofthe 507 Peston and purport 1 be the ovner of real property locate at 37 Raywood De, Monroe, New York 10850 0 Upon information and belief, Benny Wercberger and Rachel \Wercberget, ate listod as signators of the 507 Petition and purport to be the owners of real property located at 250 Mountainview Drive, Monroe, New York 10950. st ‘Upon information and belief, Israel Weber, is listed as a signator of ‘he S07 Petition and purports tobe the owner of rel property located at 117 Bakeriown Road, Monroe, New York 10950. 32. Upon information and belief, Sigmond Bach, i sted asa signator of the 507 Petition and purports 10 be the ovine of real property located at 75 Seven Springs Road, Monroe, New York 10950, R Upon information and belief, Forest Edge Development, LLC, by Sigmond Brach, is listed asa signator of the 507 Petition and purports to be the owner of real property located at 11 Mourtain Road, Monroe, New York 10950, 54, Upon formation and belief, Bruche Properties Lu, by Naf E ‘Ausch, i listed asa signator of the 507 Petition and purports to be the owner of real property located at Forest Rad, Morroe, New York 10950. 5 Upon information and belie, Nala Ausch, is iste a a signator of the 507 Pe 3m and purport tobe the over of real property located at 165 Schunnemunk Roa, Monroe, New York 10950 56 Upon information and belief; Kent Neighborhood, LLC, by Mayer 1. Granbaum, is listed as a signator ofthe S07 Petition and purports to be the ovmer of real propery located at 75 Seven Springs Road, Monrae, New York 10950, 37 Upon information and belief, Rafoel A. Krause, is Fisted as a signator of the SO7 Petition and purports to be the owner of real property located at 31 Seven Springs Road, Monroe, New York 10950. 58. Upon information and belie, Eliyahu Polateseck, is Hsted as a signator of the 507 Petitior and purports to be the owner of real property located at 31 Seven Springs Road, Monroe, Nev York 10950 3. Upon infomation and belie, Rosa Polascc, is listed asa signator of the 507 Petition and puprts to be the owner of real property located at 31 Seven Springs Road, Monroe, New York 10950 6 Upon information and belief, Wolf Wercberser, is listed as a signator ofthe 507 Petition and purport to be the owner of real property located at 168 Seven Springs Mtn, Rd., Monroe, New York 10950 and 148 Seven Spring Mta. Road, Monroe, New York 10950. 61 Upon information and belief, Moishe Oppenheim, is listed as a signator of the 507 Petition and purports tobe the owner of real property located at Co, Hy 44, Monroe, New York 10950, ©. Upon information and belief, Zalmen Stem, is listed asa signator of the 507 Petition and purports to be the owner of real property located at 124 Seven Springs Road, Monroe, New York 10950, 6 Upon information and belief; Rivka Oppenheim, is listed as a signator of the 507 Petition and purports to be the owner of real property located at 136 Seven Springs Road, Monroe, New York 10950. 64, ‘Upon information and belief, Lipa Oppenheim, is listed as a signator ‘of the 507 Petition and purports to be the owner of real property located at 144 Seven Springs Road, Monroe, New York 10950. 65, ‘Upon information and belie, Yehuda Berger, is listed as a signator ‘of the 507 Petition and purports to be the owner of real property located at 148 Seven Springs Road, Monroe, New York 10950. 66. Upon information and belief, Seven Springs Corp., by Moses Oppenheim, is listed a8 a signator of the 507 Petition and purports to be the ovner of real property located at Seven Springs Rd, Monroe, New York 10950. “1 Upon information and belief, Mendel Oppenbeim, is listed as a signator of the 507 Petition and purports to be the owner of real property located Seven Springs Rd,, Monroe, New York 10950. Upon information and belief, Raizel Eva Freund, is listed as a signator ofthe 507 Petition and purports to be the ovmer of rel property located at 22 Forest a, Monroe, New York 10380. «, Upon information and belief, Isae lazer and Judy Glanzer, are listed as signators ofthe $07 Petition and purport o be the owners of el property located a 38 Forest Road, Monroe, New York 10950, 10, Upon information and belief; Moses Goldberger, is listed as a signator of the 507 Petition and purports to be the owner of real property located at 100 Schunnemunk Road, Monsce, New York 10950. n Upon information and belief, Simon Gel, is listed as a signator of the 507 Petition and purports a be the owner of real property located at 36 Forest Road, Unit 201, Monroe, New York 10350 n. Upon information and belief, Samuel Kaban, is std asa signator ofthe 507 Petition and purports to be the owner of ral property located at 36 Forest Road, Unit 202, Monroe, New York 10950 a Upon information and belief, 7 Springs ills LLC, by Isaae Rosenberg, listed as signator ofthe $07 Petition and purports tobe the owner of real property located at Seven Springs Read, Monroe, New York 10950. 1% Upon information and belie, Chaim Landau sisted asa signator ‘of the 507 Petition and purports to be the owner of real property located at Seven Springs Road, Monroe, New York 10950. 15 1. Upon information and belief, Josef Friedman and Frida Frsidman, axe listed as signatrs ofthe 507 Petition and purport o be the owners of rel property located at 121 Schunnemunk Road, Monroe, New York 10950. 1%. Upon information and belief, Silah Rosenberg Fam, LLC, by Silsh Rosenbergs listed asa siguator ofthe 507 Petition and purports tobe the owner of real property located at 137 Schuanemunc Road, Monroe, New York 10950. 7. Upon information and belief, Deborah Rosenberg, is listed as a signator of the 507 Petition and purports to be the owner of real property located at 131 SSchunnemunk Road, Mone, New York 10950. * Upon information and elif, Abraham Rosenberg and Isaac Rosenberg, are listed as signators of the $07 Pet mand purport t9 he the owners of real propery located at Schunnemunk Road, Monroe, New York 10950, 1%, Upon information and belief; Forest Road Capital, LLC, by Isaae Jacobowitz, is listed as a sgnstor of the 507 Petition and purports to be the owner of rel property located at 264 Forest Road, Monroe, New York 10950. 4. Upon information and belief, Commandeer Realty Assoc. Ine. is listed as signator of the $07 Petition and purports to be the owner of eal property lcated at Co, Hwy 44, Monroe, New York 10950, al Upon information and belie, Amazon Burdock ity. Assoc. Ine, by lover Grube, is list as signator of the $07 Petition and purports to be the owner of real propery located at 77 Acres Rd, Monroe, New York 10950; 67 Acres RdL, Moneoe, New York 10950; Acres Rd, Monroe, New York 10950 and St. Rte. 208, Monroe, New York 82, ‘Upon information and belief, Atkins Bros In. by Elozer Gruber, is listed as a signator ofthe $07 Petition and purports to be the owner of real property located at Raywood Dr, Monroe, New York 10950, 83. Upon information and belief; Der lat, Ine, by Elimelech Deutsch, is listed asa signator of the 07 Peston and purports tobe the owner of real property located at 220 Seven Springs Mountain Road, Monroe, New York 10950, 4 Upon information and belief, Bais Yissroel Cong, by Chana Werzberge, is listed a5 a signator of the 507 Petition and purports tbe the oviner of eal property located at1S7 Schunnemnk Rd, Monroe, New York 10950. 85. Upon information and belie, Bersh Stem, is listed as signator of the S07 Petition and purpors to be the owner of real property located at $5 Seven Springs Road, Monroe, New York 10950, 86. Upon infomation and belie, ex Neusat, ised aa signator ofthe 507 Petition and purports to be the owner of rel property located at 116 Seven Springs Road, Monroe, New York 10950, 7 {Upon information and belie, Chaim Friedman and Goldy Friedman, ae listed as signators ofthe 507 Petition and purport to he the viners of ral property Tocated at 139 Seven Springs Road, Moneoe, New York 10950, 88. Upon information and belief, Seven Springs Rly Ine, by Aaron Hi. Weis, i sted a8 a signator of the 507 Petition and purports to be the owner of ral property located at 115 Seven Springs Road, Monroe, New York 10950, 8. Upon information and belief, Sara Geb, is listed as signator ofthe 507 Petition and purports tobe the owner of real property located at 85 Seven Springs Read, Monroe, New York 10950. $9. Upon information and belief, Emo Bodek and Rachel Bodek, are listed as signators ofthe 5 Petition and purport to be the owners of eal ropety located at 111 Schunnemunk Road, Monre, New York 10950. 31 Upon information and belie, Arthur Meisels, i sted asa signator of the 507 Petition and puports to be the owner of real property located at 78 Seven Springs Road, Monroe, New York 19950. 2. Upon information and belief, AM Seven Springs LLC, by Arthur Meisel, is listed a a signtor ofthe $07 Petition and purports tobe the onner of real property located st Seven Springs Read, Moneoe, New York 10950. 93, Upon formation and belief, Jacobs Hickory LLC, by Bemard Jacobowitz, is listed as a signator of the S07 Petition and purports to be the owner of real property located at State Route 17M, Monroe, New York 10950; Seven Springs Rd., Monroe, [New York 10950 and $2 Hiskory Hollow Rd, Monroe, New York 10950 94, Upon information and belief, 282 Mountainview Drive, LLC, by Paula Reisman, is listed asa signator of the 507 Petition and purports fo be the owner of real property located at 282 Mountainview Drive, Unit 1, Monroe, New York 10950. 95, ‘Upon information and belief, Joel Reisman, i isted as a signator of the 507 Petition and purperts to be the owner of real property located at 282 Mountainview Drive, Unit 2, Monroe, New York 10950. 18 9%. Upon information and belief, Paula Resiman and Joel Reisman, are liste as signators ofthe SOT Petition and purport to be the owners of rel property located at 249 Mountainview Drive, Monme, New York 10950. 97 Upon information and belief, Vista Peal LLC, by Chaim I Obertander, is listed as a sgnator of the 507 Petition and purports to be the owner of real property located Chevron Ri, Monroe, New York 10950, 9% Upon information and belief, Konitz Estates, LLC by Chaim Tager, is listed as a signator of the S07 Petition and purports tobe the owner of real property located at 105 Schunnemunk Roa, Monroe, New York 10950, 9 Upon information and boli, Jacob Wieder and Chaya Weider, are listed as signators ofthe 507 Petition and purport to be the owners of rel property located at Lanzut Court, Monroe, New York 10950, 100. Upon information and belief, Marsha Wagschal, is listed as a signator of the 507 Pe ion and purports to be the owner of real property located at 16 Lanzut Court, Monroe, New York 10950, 101, Upon information and belief, Cong Lanzut of O C by Jacob Wieder, js listed as sipnator of the 507 Petition and purports to be the owner of real property located at 16 Lanzut Ct, Monroe, New York 10950. 102. ‘Upon information and belief, Eliazer Glanzer and Esther Glanzer, are listed as signators of the 507 Petition and purport tobe the owners of real property located at 40 Forest Road, Monroe, New York 10950. 19 103. Upon information and belief, 72 Seven Springs Rd LLC by Lipa Friedman, is listed asa sirator ofthe $07 Petition and purports tobe the owner of real property located at 72 Seven Springs Road, Monroe, New York 10950. 108 ‘Upon information and belief, 131 Acres Rd LLC by Lipa Friedman, is listed as a sigator ofthe 507 Petition and purports to be the owner of real propety Toate at 131 Acres Rosd, Monroe, New York 10950. 10S. Upon infomation and belief; Bakertown Estates LLC, by Moshe Pricer, is listed a a signitor of the 507 Petition and purports fo be the owner of real property located at 105 Bakertown Road, Monroc, New York 10950. 106, ‘Upon information and belief, 12 Bakertown Holding, LLC by “Moses Mizrahi, is listed asa signator of the $07 Petition and purports 1 be the owner of ral property located at 8 Isael Zupnik Drive, Moarae, New York 10950. 107 Upon information and belief, Harry Amsten, Esther Amstcn, ‘Shraga Greebaum, Rely Grecbaum, Jacob Schwartz, and Renee Schwartz relisted as signstors ‘ofthe S07 Petition and purport to be the owners of real property located at 24 Raywood Drive, Monroe, New York 10950, 108. {Upon information and belie, Yehosua Weiner and Devorah Weiner axe listed as signators ofthe 507 Petition and purport tobe the owners of real propety located at 26 Seven Springs Road, Menroe, New York 10950. 108. ‘Upon information and belief, Alfed Weingarten, is listed as a signator of the 507 Petition and purports to be the owner of real property located st 42 Irene Drive, Monroe, New York 10950. 110. Upon information and belief, Solomon Ellenbogen, is listed as a signator ofthe 507 Petition and purpors to be the owner of real property located at 154 Acres Ra, Unit 201, Monroe, New York 10950. m {Upon information and belief, Hana Perssn, i ste a a signator of the 507 Petition and purports to be the owner of real property located at 154 Acres Rd, Unit 202, Monrae, New York 10950. 112, Upon information and belie, Simon Katz, is lst asa signator of the 507 Petition and purrs to be the over of real property located at 237 Mountainview Drive, Monroe, New York 0950, 13. Upon information and belief, Raizy Ellenbogen, is listed as a signator of the 507 Petition and purports to be the owner of real property located at 65 Seven Springs Ra, Monroe, New York 10950. 14 {Upon information and belie, Building $4 LLC hy David Auseh, is listed as a signator ofthe £07 Petition and purports to be the owner of real propery located st Rovna Way, Montoe, New York 10950; Chevron Ral, Monroe, New York 10950 and Chevron é, Monroe, New York 10350, is. {Upon information and belief, Mordichei Goldberger, i listed as a signator ofthe 507 Peston and purpors tobe the owner of ral property located at Chevron Re, Monroe, New York 10950. 16. Upon information and belief, Mountainview NY Estates, Inc. by Joel Jacobi listed as a sigator ofthe 507 Petition and purports tobe the owner of real property located at 290 Mountainview Drive, Monroe, New York 10950, 2 17. Upon information and belief, Israel Weeeberger, Vitele ‘Wercberger, Jossi Lig Werberger and NDS Property Management In, ar ited a8 signators of the 507 Petition and purport to be the owners of rel property located at 38 Raywood Drive, Monroe, New York 10950. 118. Upon information and belief, Benjamin Green and Chaya Green, are listed as signators of the SO? Ptton and purport tobe the owners of eel property located at 34 Irene Dr,, Monroe, New York 10950; 23 Irene Drive, Monroe, New York 10950; 24 iene Drive, Monroe, New York 10950 and Raywood Dr, Monroe, New Yark 10950 19. Upon information and belief, Chaim Pames and Miran Parnes, are Tisted as signators ofthe S07 Petition and purport tobe the owners of real property located at 1 Raywood Drive, Monroe, New Yark 10950. 120. Upon information and belief, Tobias Schreiber and Feige Schreiber, axe listed as signtor of the $07 Petition and pupor to he the owners of real property located at 44 Seven Springs Road, Menoc, New York 10950. m1 Upon information and belie, Forest Edge Development, LLC, by Shlomo Weiss, is listed as a signator of the 164 Petition and purports tobe the ovmer of real property located at 11 Moustin Rou, Monroe, New York 10950. 12, ‘Upon information and. Ismael Weber, sisted a a signator of the 164 Petition and purponts tobe the owner of real property located at 117 Bakertown Road, Monroe, New York 10950, 123 ‘Upon information and belief, Amazon/Burdock Rlty Assoc Ine, by Blozer Gruber, is listed asa signator of the 164 Petition and purports to be the owner of real property located at 77 Acrs Rosd, Monroe, New York 10950; 67 Actes Road, Monroe, New ‘York 10950; Acres Road, Monroe, New York 10950 and St Rte 208, Monte, New York 10950. 124 Upon information and belief, Mordechai Goldberger, is listed as & signatorof the 164 Petition and purports to be the owner of real property located at Chevron Road, Monroe, New York 10950. 13, Upon information and belief, 12 Bakertown Holding, LLC, by “Moses Mizmi, i Histed as signator of the 164 Petition and purpors to be the owner of real property located at § Israel Zupnik Dr, Monroe, New York 10950, 126. ‘Upon information and belief, 83 105 Corp, by Joel Englander is listed as a signator of the 164 Patton and purports to be the owner of rel property located at 483 Co, Re. 105, Monroe, New York 10950 m1. Upon information and belif, Martin ‘Terkeltaub is listed as a signator of the 164 Petition and purports tbe the owner of real property leated at 421 Co, Re. 105, Monroc, New York 10950 and 439 Co. Re. 105, Monroe, New York 10950. 128 Upon information and belief, Zigmund Klein is listed asa signator of the 164 Petition and puports to be the ovner of eal property located at 463 Co. Rie. 105, Monroe, New York 10950. 129. ‘Upon information and belief, Orange NY Homes, Ine. by Samuel Schwartz is liste asa sigmtor ofthe 164 Patton and purports tobe the over of rel property located at 465 Co. Rie. 105, Monroe, New York 10950. 130. Upon information and belief, Vintage Apartments LLC; by Moshe Friedman, is sted as a sigrato of the 164 Petition and purports to be the owner of eal property located at 2 Rovna Way, Monroe, New York 10950. 2 BL Upon information and belie, Vista Pearl LLC, by Chaim Oberiande, is listed as a sgnator of the 164 Petition and purports to be the owner of real property located at Chevron Road, Monroe, New York 10950. 132 Upon information and belief, Upscale 4 Homes Corp, by Yoel Grunt, is listed a a signtor ofthe 164 Petition and purports to be the owner of real property located at 107 Seven Springs Mountain Road, Monzoe, New York 10950. 133. Upon information and belief; Forest Road Capital, LLC, by Ise Jacobowitz, i listed as a signator of the 164 Petition and purports to be the owner of real property located at 264 Forest Road, Monroe, New York 10950. iba. Upon information and belief, Beth Freund, by Leopold Freund, is listed as a signator ofthe 164 Petition and purports to be the owner of real property located at 236 Acres Road, Monroe, New York 10950. 135 Upon information and belie, Herbst Fail Holdings, LLC, by Henry Herbst, i sted as a signatyr ofthe 164 Petition and purports to be the owner of real property located at 210 Acres Road, Monroe, New York 10950, 136. Upon information and belie, Pincus J. and Lilian Stuloviteh, are liste as signators ofthe 164 Petition and purport tobe the owners of real property located at 180 ‘Actes Road, Monroe, New York 10950, 137, ‘Upon information and belief, Joseph Struloviteh 1, L by Pincus J. Steuloviteh, is listed as a signator of the 164 Petition and purports to be the owner of real property located at 14 Israel Zupnik Dr, Monroe, New York 10950. mu 138, Upon information and belief; Solomon Ellenbogen is listed as a signator of the 164 Petition and purports to be the owner of real property located at 154 Acres, Road, Unit 201, Monroe, New York 10950. 139, Upon information and belief, AES 11-07 Trust, by Elimelech Schwartz, Trustee, i listed 28a signator ofthe 164 Petition and purports to he the owner of real property located at Acres Road, Monroe, New York 10950. 140, ‘Upon information and belief, Bakerstown Realty Equities, by Mendel Wieder is listed asa signator of the 164 Petition and purports to be the owner of teal ‘property located at Acres Road, Monroe, New York 10950. 141 Upon information and belief, Jacob Bandua Trust, by Moshe Bandau, is listed as a signar of the 164 Petition and purports to be the owner of real property located at Acres Road, Monroe, New York 10950. SURISDICTIO: 12. ‘The Court has subjet mater jurisdiction, and may exercise personal Jurisdiction over the Respondents/Defendants in this matter and/or may exercise personal and in rom jurisdiction 143 Pursuant to CPLR Section 506(b), venue is proper in tis Court. The determinations complained of were made, the proceedings sought tobe restuined originated, and the material events otherwite took place in the County of Orange, which is situated within the Ninth Judicial Distriet, 144. [No prior application for this or any similar relief has been made to this or any other Court, 25 STATEMENT OF FACTS ‘The Village's Historie And Consistent Failure To Abide By Zoning, and Use, And Environmental Laws Is Not In The Public Interest Kiryas Joel Was Created 40 Years Ago Specifically To Avoid The Town’s Zoning Laws Ms. As former Town Supersisor William C. Rogers’ ruling in 1976 on the original petition to ineoporate the Village of Kiryas Joel makes clear, the Village was cated with the express pups of avoiding the Town of Monroe's zoning laws. (See Decision ‘on Sulficieney of Patton in the Mater of the Formation of a New Village To be Known as “Kiryas Joel," Dee. 10, 1976) 46. In response to te illegal conversion and illegal construction of housing in the subdivision known as Monwood, the Town commenced legal proceedings to ‘compel conformance with i zoning laws. See id. at 3-4.) 147. “arduous opposition [was] thrown up” to the Town’s enforcement The Village initially dd not even acknowledge the request, which was deemed by operation of sw to be a consiitive denial of the request, and United Monroe was compelled to commence an sdminstative appeal by letter dated September 15,2014 2» rembers do not satisfy the State-equired training programs, and tht it never refers land use spplcatons tothe Orange County Planning Department, a is required by le 163. Furthermore, both DEC and the EPA have found repeated violations in the Village of applicable environmental protection requirements, (See Letier from United Monroe to DEC, dated Apr-4, 2014.) 163. ‘These include violations of the Clean Water Act and failure to comply with State permitng requirements during constuction activities and operations ofits wastewater treatment plant, (See Letter fom Daniel Richmond, Esq, to the Honorable Vincent L.Briccetti, dated Nov, 24,2014; Letter from Krista Yacovone, Esq, to Robert. Ewing, dated Dec. 3, 2014 Letter from Krista Yacovone, Esq, 10 Patrick Ferracane and Jennifer Zanino- Smith dated Dec. 16,2014) 165, The Village’s consistent failure to comply with these basie requirements, which provide municipalities with mechanisms to protect the environment and the ‘community when making land use decisions, will low for unregulated, high density evelopment that will caus significant harm to the environment and to citizens of Orange County 166. Absent a fanctioning planning process, future development could proceed without limitation or concer forthe surrounding community 167. Such development would certainly not be in the public interest, 168, (On or about December 27, 2013, a petition was submitted to the ‘Town Board and the Village Board, which purported to seck the annexation by the Village of approximately 507 acres ofland inthe Town (ie, the 507 Petition). 169, ‘The 507 Petition fils to substantially comply inform and/or content ‘with multiple provisions of Article 17 of the General Municipal Law. See N.Y. Gen. Mun. Law § 70501). 170. Interested parties who timely objected to the form and content of the 507 Petition include the Beard of Education of the Monroe-Woodbury Central School District (CMWCSD"). (See Letter to Tim Miller Assocs. from Judith Crefin Mayle, dated June 22, 2015 June 22" MWCD Lette) Unqualified Signatures On 507 Petition 171 ‘The 507 Petition is invalid in the first instance because it contains multiple unqualified, invalic signatures, See N.Y. Gen, Mun, Law § 7051). 1m, st, as the MWCDC pointed out, i i improbable that all listed petitioners signed the 507 Petition on December 23, 2013, as the Petition asserts, 173, Morcover, as the MWCSD pointed out, the purported signatures ‘were not authenticated until four days later. 1m, ‘The MWCSD also pointed out “numerous substantial unauthorized alterations” on the 507 Petition, 175, In addition, there are various corporate signatories, which, upon information and belie, are not valid corporations under the New York State Business Corporation Law, Not-for-Profit Corporation Law or Religious Corporations Law. 176. Konitz Estates, LLC, which is the alleged “owner of record” of SIBIL 1-230, is not an active (or inactive) Corporation or Business Entity in New York State, Congregation Lanzut of Orange County, the alleged “owner of record” of SIBVL 1-1-47.232, also 31 is not an active (or inactive) Corporation oF Business Entity in New York State, and does not appear to be validly formedunder the Religious Corporations Law. 177, Similarly, Bias Vistoet Congregation, the alleged “owner of recon” of SIBIL 12-32.2, isnot an aetve (or inative) Corporation or Business Entity in New York State, and dos not appear be validly formed under the Religious Corporations Lave. 178, Finally, Atkins Brothers, Inc, the alleged “owner of record” of S/B/L 431-12 is ot an aoive (or native) Corporation or Busines Entity in New York State 179. The signatures of these emites should be stricken and the total assessed valuation ofthe “enitory proposed to he annexed tothe Village” shouldbe reduced by the assessed value ofthese parcels, i, $209,400.00. 180, Moreover, there are three (3) parcels listed in the $07 Petition that are jointly owned by two (2) entities but for which only one sigasture was obtained: SB 1-3- 14215 1-515; and 13-40, 181 ‘These properties are purportedly owned by both Amazon Re Associates, Ine. and Burdock Realty Associates, ne 182. Theres only one signatory, however, signing foreach ofthese thee )parels. 183, I is unclear whether the signatory, Elozer Graber, is signing on behalf of Amazon Really Associates, signing on behalf of Burdock Really Associates, ot purporting to sign on behalfof both entities 184, Without a valid signature on behalf of bolh property ower, these parcels cannot be include in the total assessed valuation of the “Teritory proposed to be annexed tothe Village.” 2 18s, The total valuation should be reduced by the assessed value ofthese pacels, je, $145,300.00 186, ‘The 507 Petition shoud have been rejected by the Town Board and the Village Board fr fling to obtain valid qualified signatures. 507 Petition Does Not Describe The Territory To Be Annexed 187. ‘The 507 Petition is also invalid because it does not sufficiently describe the tettory to be annexed, See N.Y. Gen. Mun, Law § 703(1}; Bé. of Trustees of ington, Westchester Cnt, v, Town Bd. of Greenburgh, Westchester Cnty, 42 A.D2d 731, 345 N.Y.S.2d 667, 668 (2d Dept. 1973) (upholding dismissal of annexation petition as defective ‘where it did not contain an accurate description of he area sought to be annexed). 18s. First, Exhibit A tothe S07 Petition, which purports to contin the legal description of the terrory to be annexed fem the Town tothe Village, contains the legal escripton for 164 parcels 199 Exhibit C to the 507 Petition, hich purports to contain a certificate signed by the Town Assessor responsible for preparing the 2013 Final Town Assessment Roll and certifying that “the los that Petitioners affiem they ov within the Territory proposed to be annexed havea total assessid valuation that sa majority ofthe total assessed valuation ofall the real property in the Territory proposed to be annexed, according tothe 2013 Final Assessment Roll ofthe Town,” in contrast contains 177 parcels 19. It is wholly unclear which parcels comprise the Teritory that Pesiioners seek to annex. 191. For this reason alone, the $07 Petition should have been rejected, 2 192. Second, the legal metes and bounds and accompanying parcel Hist included in Exhibit does not match the parcel ist cetie by the Assessor in Exhibit C 193. ‘The following parcels (by S/BVL marsber) were ineluded in Exhibit Caspar of the “Tenitory proposed to be annexed to the Village as deseried in Exhibit A ofthe Petition and as shown on the assessment roll of the Town for the year 2013," but were not included in Exhibit A: 194, Fortis reason alone, the $07 Petition shold be rejected. 19S. Moreover, there are multiple parcels identified in both Exhibit A aud Exhibit € which, based on the legal metes and bounds deseription in Exhibit A, sppearto be incorrectly identified 196, ‘The following parcels were improperly identified in both Exhibit A 197 Finally, SIB/L 43-1-11 was incaded in Exhibit A but not included in Exhibit 198. The aforementioned inconsistencies render it enticely impossible to discern the limits ofthe testory proposed for annexation, 199, The $07 Petition must be dismissed for filing to comply with so ‘much of Article 17 of the General Municipal Law as requires a complete and accurate description of the property tissue. See N.Y. Gen, Mun. Law §§ 703(1) & 705(1@), 200 Both the Town Board andthe Village Board asserted thei intent to serve as Lead Agency forte review ofthe 507 Petition under SEQRA. 201. As a result, the DEC Commissioner was compelled to designate which agency should serve asthe Lead Agency forthe S07 Petition, 202, Rather than avait the DEC's determination with respect to which Board should serve as Lead Agency for the SEQRA review of the 507 Petition, another annexation petition, for approximately 164 acres of land is the Town, wes submited (i, the “164 Petition” 203. The submission of the 164 Patton appeared to represent an effort to usurp DEC’ lawful duty to determine the Lead Ageney forthe Annexation. See 6NY.CRR.§ 617.6645) 204, “The interjection of the 164 Petition alo appears to violate the s0- called “prior jurisdiction rule” which holds that where a municipal annexation proceeding has been commenced by the fig ofa petition for annexation jurisdiction to consider and determine ‘other annexation prosedings concerning the same tritory is exeluded 205, 'As such, the Town Board andthe Village Board lacked jurisdiction tw consider the 164 Petition until proceedings relating tothe S07 Petition have been completed. 206 In any event, the 164 Petition fails to substantially comply in form or content with muiple provisions of Adil 17 of the General Municipal Law. See N.Y. Gen Mun, Law § 705(1}@). 207 Again, vaious interested Panties, including the MWCSD, pointed cut problems withthe formand conten of the 164 Petition. (Soe lune 2" MWCSD Lette) walified es On 164 Pe 208, [As with the 507 Potton, the 164 Petition is invalid bocause it contains multiple unqualified, invalid signatures. See N.Y, Gen, Mun, Law § 705(1%a). 209. As the MWCSD pointed out, ike the 507 Petition, itis improbable that all purported petitioner signed the Petition onthe same date 210. As the MWCSD also pointed out, in any event, the signatures were not purportedly authenticated until four days ister. 36 au. Moreover, there are comporate signatories which are not valid corporations under the New York State Business Corporation Law, Not-for-Profit Corporation Law or Religious Corporations Law. 212. ‘Upon information and belief, Upscale 4 Homes Corp, which i the alleged “owner of record” of S/BIL 65-1-32, is not an active (oF inactive) Corporation oF Business Entity in New Youk State, 213, ‘The signature of this entity should be stricken and the total assessed, valuation of the “Tertitory proposed to be annexed to the Village” should be reduced by the assessed value ofthis parcel, ie, $20,000.00, 2, It is also unclear what the corporate status of Bakertown Realty Equities is, and whether it oons S/BVL 13-13. 21s, ‘According to the 2014 Final Town Assessment Roll, this parcel is ‘wholly owned by “AES 11.27 Trust, Elimelech Schwartz, Trust.” 216. Inthe 164 Petition, however, thee are two (2) entities listed below. “ABS 11-07 Trust” —“Bakertown Realty Equities” and “Jacob Bandua Trust.” 27. Neither Bakertown Reality Equities, nor the Jacob Bandua Trust, ‘appears to own SIBIL 1-3-13. Their names and signatures should be stricken fom the Petition, 218. Second, again, there are three (3) parcels that are jointly owned by ‘30 @2) entities but for which only one signature was obtained: S/B/L 1-3-14.21; 1-3-15; and 1-3- 40, 219. ‘These properties are owned by both Amazon Really Associates, Tne. and Burdock Realty Associates, Inc. ‘There is only on signatory, however, signing for each of these three (3) parcels 37 220. It is unclear whether the signatory, Elozer Gruber, is signing on behalf of Amazon Realty Associates, signing on behalf of Burdock Realty Associates, or purporting to sign on behalfof both entities. 221 Without a valid signature on behalf of both property owners, these properties cannot be included in the total assessed valuation ofthe “Territory proposed to be annexed tothe Village.” 2m, ‘The total valuation should be reduced by the assessed value ofthese parcels Le, $145,300.00 m3 The 164 Petition must be dismissed for fling to obtain valid ualified sgpatues, 164 Petition Does Not Describe The Territory To Be Annexed 224 ‘The 164 Patton is invalid because it does not suficienly describe the testy tobe annexed, See N.Y. Gen. Mun, Law §§ 703(1) & 70S). 225, First, Exhiit A tothe 164 Petition, which purports to contain the legal description of the tertory to be annexed from the Town to the Village, contains the legal escription for 72 pares 226 Exhibit C to the 164 Petition, which purports to contain a cetiate signed by the Town Assesor responsible for preparing the 2014 Final Town Assessment Roll and certifying that “the tax los that petitioners affirm in the Petition that they own within the Tenitory proposed to be aanexed to the Village has [sic] a total assessed valuation that is majority of the total assessed valuation of all of the Territory described in the Petition which is ‘ow situated in the Town and which is sought to be annexed to the Village, as shown om the assessment roll ofthe Town forthe year 2014,” contains 71 parcels. 38 a. Second, the legal metes and bounds description and accompanying parcel list included in Extibit A does not match the parcel list cetfed by the Assessor in [Exhibit C. S/B/L 1-2-1 is included in Exhibit A (Area I) but isnot included in Exhibit 208 Morcover, Exhibit A lists SBM. 6I-I-1-1 and 61-1-1-2 (Area VIM), while Exhibit C Hist SBM 61-1-1.1 and 61 12. 29. The aforementioned inconsistencies render it entirely impossible to

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