Supervisor renders Edgemont incorporation petition legally insufficient, calls petition decision a ‘slam dunk’

Paul Feiner and former NY State Supreme Court Justice Robert Spolzino at a public hearing July 16.

Echoing his 2017 denial of the Edgemont Incorporation Committee’s first petition submitted in an effort to make Edgemont Greenburgh’s seventh village, Greenburgh Town Supervisor Paul Feiner rendered the EIC’s newest petition legally insufficient, citing the petition’s failure to include an accurate list of regular inhabitants, the inclusion of signatures before the petition’s submittal, a failure to include a metes and bounds description of the proposed incorporated area and a lack of common certainty in the proposed territory.

“After carefully considering all of the testimony that I heard at the public hearing and everything that has been submitted, and after giving very careful consideration to this decision, I have decided … that the petition does not comply with the requirements of Article 2 of the Village Law,” wrote Feiner in his decision dated July 26.

At a public hearing July 16, Feiner refused to hear testimony from those objecting to other's who posed objections to the petition. Instead, he closed the hearing and exited through the back door when EIC President Jeff Sherwin attempted to speak.

“Given that Feiner refused to take any testimony as to the objections, we didn’t believe he was going to approve the petition. In fact, his decision to suppress the clear will of Edgemont for a vote on incorporation again runs contrary to the law and the facts that would have addressed the objections were we allowed to speak. It’s almost as if because the state rejected his demand for a law banning incorporations, he’s implementing a voting ban in his own special way,” said Sherwin.

Read more in the Inquirer's print edition and online this week.

(1) comment

halmarc

While I have no credentials to rule on the legal correctness or deficiency of the Town's ruling, I admit to being happy with its conclusion. I liken the overall effort on the part of the EIC to submit a viable Petition as a talisman of their future capabilities to govern if Edgemont were ever to become a Village. If you can't produce even a valid Petition, what does this indicate about sound judgement -- either before or after. If forthcoming grouching about 'strict letter of the law' is the narrative following this setback, then I see a similar green light to re-argue disenfranchisement of those unincorporated residents not residing in Edgemont being ineligible to vote were a Referendum to follow. While the reasoning behind incorporation may be understandable even to those of us from outside Edgemont, the arguments in support of their displeasure were always a public relations disaster. To me they are reminiscent of the Titanic sinking after running into an iceberg. Both the Titanic and Edgemont suffered under the failure of the Captain at their respective helms. However, in abandoning ship, the EIC wrongfully played the 'taxes we pay' card. "We paid more for our passage so we get to board the lifeboats first." This is antithetical to 'women and children first' which in Greenburgh logic translates as 'all Greenburgh residents get to vote', not just those in first class accommodations. So after years of kvetching, dollars spent and arguable spread sheets, is it really worth it to prolong the agony? Wouldn't it be a better course of action to get behind elective candidates who share your concerns? There's a contested election for Town Supervisor three months away. And again in two years hence. Plus two seats on the Town Council. With a top-rated School system the mirror image of Edgemont borders, hasn't it yet graduated someone spongeworthy?

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