News & Notices

Constabulary Litigation Update

Town of Highland Town Board

Eldred, NY

December 18, 2023

 

Constabulary Litigation Update

 

After the dissolution of the Constabulary, the Town and Councilwoman Kaitlin Haas (personally) were named in a lawsuit alleging a variety of wrongdoings by Plaintiff Marc Anthony, venued in the Supreme Court of Sullivan County. As a result of the request for damages, the Town’s insurance company, NYMIR, provided for legal representation through the Orange County based firm Drake & Loeb, with partner Adam L. Rodd assigned to the case. As was previously reported, the Town and Councilwoman Haas are aggressively defending themselves in the matter.

On December 14, 2023 a Compliance Conference with oral arguments was held before Hon. Stephen Schick, JSC. As a result of the review of the information submitted in support of the Town’s Motion to Dismiss, Judge Schick dismissed the first and second causes of action in the verified complaint Index No. E2023-260 pursuant to CPLR 7804 (f) and 3211 (a) (5) and (7) and denied the plaintiffs Cross Motion for Summary Judgement on the first three causes of action. This decision affirmed that the Town had the right and ability to abolish the Constabulary in the execution of their duties. The remaining two causes of action are scheduled to be before Judge Schick on March 29, 2024.

Copies of the decision are available via NYSCEF but are also included in this release.

This outcome was a welcome confirmation of the Town’s position since the initial suspension of the Constabulary-to prioritize the safety of the Town, its residents, and its many visitors while also providing the best quality of service to the taxpayer. The Town was unwilling to sacrifice a dedicated detail, and was able to accomplish that service provision with less expense and liability to the taxpayer.

We again thank the five members of the Constabulary that served the Town and continue to wish them success in their endeavors.

The Town Board wishes everyone a happy, healthy, and safe holiday season!