Loading...
Edwin Rodriguez vs. TOW & Barbara Roberti 02-26-2026MY(5CEF DOC. NO. 4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS In the Matter of the Application of EDWIN RODIUGUE-Z, Petitioner, For a Judgmml P-ursaant to C'LR Article 78, -against- TOWN OF WAPPINGER and 13ARBARA ROBERTI, is her capacity u Director of Strategic Plaining & Municipal Codes of the Town of wappinger, Ropondents, INDEX 140. H26-30903 NY'7'CEF- 02/19/2026 Received FEB 2 6 2026 Town of Wappingee Town Clerk PLEASE TAKE NOTICE that upon the Verified PetffiL�n Of Petitioner Edwin Rodziguez verified on Fob my 19, 2026, the exhibits amexed theroto, and the Memorand-am of Law of Petitioner EdMn Rohiguez dated February 19,2026, PotitionerEdwin Rodrigiaez will movo 01is Court, at the Suprema Comt af the State of New York, Coutity of Dutebess, at the Dutchess County Courthouse, 10 Market Streat, Pough1mapRie, New York 1. 2601, at on individual Assipment Pad thereof, before a Justice to: be assigned, on M= -h 23, 2026 at 9:30 am. of that day, or as soon. thereafter as counsel can be heard, for a JudLqnent pwsuant to Article 78 of the Civil Practice l and Rules and Ptiblip- Officers Law Axtiele 6: a.) Directing Raspondmo Town of Wappingcr and Barbara Roberti, hi her capacity as Director of Strategic Plamiing &Manicipal Codes of the Town of Wappinger, to produQo I 1 of 3 INDEX NO. 2026--50901 NVSCa F DOC. NO. 4 RECEIVED KYSICEF, 02.f3 copies of The rowrds requested by Pc(itionor Edwin Rodriguez in his FreWom of T.11forqration Law requests recelved by Respondcnt Town of Wappinger on October 14, 2025 which are annexed to the Petition as Exbibit A to which Respondent Town of Wappinger assigned serial Numbers 2025-330,2025-M and 2025-334; b.) Awarding Petitioner Edwin Rodriguez his attorneys' fees and costs incun-ed in this special promdiag pursuant to Public Officers Law § 89 (4)(p)(ii); and 0 Granting to Petitioner Edwin Rodriguez such oOior and fixther relief vvMch 89 to the Court may seem j ust and prx)per. The nature and object of this pToczeding is to obtain municipal records pursuant to CPLR Article 78, PLEASE TAKE FURTHER NOTICE that an answer, answering affidavits, and/or pursuant CPL -R §§ 7804 (c) and (0, an miswer and supporting affidavits, if any, or objections in point of law, if any, are required to be served uponthe andersigned attameys. for Petitioner Edwin Rodriguez not less than five (5) days prior to the retan date. Dated. Mite Plains, New York Februaty 19, 2026 ............ . . ............ Brace Minkoff, Esq. ROMNOWITZ COHIAN DUBOW & D014ERTY LLP Attomeys for Petitioner Edwin Rodriguez 199 Main Street - Fifth Moor W'lite Plains, New York 10601 (91 `t) 949�2826 minkoff@rcdllp.com TO: Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 2 2 of 3 INDEX NO, 2026-50901, NYSU,F '��00. NO, 4 KEC:'-',',�Vv�'D NYSCRV: 02/19/2D26 Barbara Roberti, in her capacity as Director of Strat4c Plawiiug & Mi)Woipal Codes Town of Wappinger 20 Middlebush Road WaPpingors FaHs,,Nm.v York 12590 f 3 TILEDXUN -: HESS COUNTY CURK--0271 � . .. .... .. j TNDLX NO. 2026-50901 11 ...... .... ... YZZKC��� NYSC2-'V DOC. NO- I ;kFCZ�7VED NYSCEP: 02/19/2026 SUPREME COURT OF THE STATE OF NEW YORK CGUNTY OF DUTCHESS In the Matter of the Application of Index No. z)2� -- EDWIN RODWOUEZ, 'YORTIM P—EATITIO-N Petitioner, For a Judgment Pursuant to CPLR Article 78, -against- TOWN OF WA.PPfNGRR and BARBARA ROBERTI, in her capacity as i=tor of .Strategic Plaining & Manicipal Codes ofthe, Town of Wappinger, Rospondemts, Petitioner Edwin T3,odriguez, by his attorneys, Rabinowitz Cohlan Duboiv & Dober 4 LLP, as and for bis Petition for a Judgment pursuant to Article 78 of the Civil Practice Law and Rules against the Town of WVpinger and Barbara Roborfi, in It capacity as Director of Strategic Planning & Municipal Codes, rmpeotfully alleges as follows: THE P This is a special proceeding brought by Petitioner Edwin Rodrig=7 ("Petitioteel) against Respoiidents Town of Wappinger and Barbara Roberti, in her capacity as Director of Strategic Plamning & M-uniojpal Codes:("Respondents') pursuant to .article 78 of the Civil Practice Law and Rules C'CPLW) and Public Officers Law Arfiale,6, also k.nown as the Freedom of Information Law ("FOIU' '). I FILED., DUTCHESS UNTY M -02. INDEX NO. 2026-50901 WSCEr DCCT�0. I �RXCEIVEJ) NYSCEF02/19/2026 2. This proceeding is commenced in 8-aprevae Com Dutchess Coun.ty pursuaat to CPLR § 506 (b) and CPL R § 7804:4))., 3. This proceeding arisen out of Respondent's Wlure to provide information to Petitionor as required by FOIL in response to FOIL tcqttests submittcd by Petitioner, 4. Petitioner is a resident of Dutchess County, State of New York, S. Respoadent Town of Wappinger is a duty incorperated munieipality organized and existing pwguant to the laws of the State, of New York located in Dutebess County, State of Now York and is an "agency" within the awaning of Public Officers Law § 86 (3.), 6- Respondent Harbara Roberti is the Director of Strategic Planning & Municipal Codes of Respondent Town of Wappinger and is made a party to this action in that capacity as the, official who responded to Petitioncr's FOM requests wWch, are, the subject of duffs proceeding and the person from whom the records Yequested by Petidwiers FOIL requests wbich are the subject of this proceeding tray he obtained. 7 -FOILMAMS-B 7. On October 14, 2025, Rcspoadumts received three FOIL requests fiona Petitioner. 8. Each request was aniped a serial nmuber by RospoAdents, 91 The serial numbers assigned by Respond tnts to Petition6r8 FOIL requests were numbers 2025-333, 2025-334 and 2025-330Xopics of the FOIL reqacs received by Respondents from N14tioner and Rospondents' response to the FOE requests are submitted herewith as Fx1flbit A. 2 2 c f 14 NYSM, DOC, NO. NYSCZF, 02/19/2D26 FOIL --1 3 AND 2Q 10, The FOIL request which was tissigned serial number 2025-334 ('TOIL�wrjal number 2025-334"),describek] the: requestod records as follows: "I am looking to FOIL videe(s) taken from Donald Denardo an Jun3& 2025 around 6.*45 am Of Myself Additionally, I need all pictures and videos he took of the propertybetween June 23' -furze 28' 2025,1 am requesfing this to be certified." 11. During the tiMC Period from June 23, 2025 through and including June 30, 2025, D onald De=dct was and to date eontiaues to be a member of Respondent's ZoningSoaj.d Of Appeals (the "ZBA") which was considering a pending application in which Respondeilt wag int=AW, for a variance for property located hi the Town of Wap .roger at 15 Spook Hill Road ("I5 Spook Hill Ikoad"), 12. The FWL roqiaest which woo amignt-,d serial number 2025-333 CTOIL ;serial number 2025-333") described the rcquested record as follows: "I am looking to fibil video: taken at 15 Spook Hill Road from Jolm Lorenzini on August 2412024 10 atm -Haan:, I am requesting this to be certified." 13. On August 24, 2024, Jolui Lorenzini was aad to date continues to be a inember of Respondent's ZBA which was considering a pending application in whieb Respondent was interested for a variance for property located in the Tovm. of Wappinger at 15: Spook H11) Road 14, By Memorandum dated Oatober 20, 2025, Respondemts responded to the FOIL. requests which were assigned serial numbers 2025-333 and 2025-334 as follows- "This letter i.s to certify that video files requested in FOIL ser # 7:025-531 & 334 submitted on 10114/2025 ue 3 of 14 f! TNVU NO. 2026-50910" riot gov atnent owned files or documents ahxd are not in dhe posse cion of the Townof i appin er," IS. Respondents did not deny that there are videos and pictures which °e responsive to FQIIW serial numbers 2025-333 and 2025-334, but Respondents did not produce any oft e videos and pictures requested by FOIL serial numbea 2025-333 meet 2025-334„ 16, Respondents" response to the requests made under FOIL serial numbers 2025-333 and 2025-334 and tho failure to provide the mquosted rocords violated the Freedom of hfn-oration Law. A A: Q_L,'A�. IM LAIM C3 . RENEE - Jud l Ipnt Dj=ii idents R? uic__rl:herxs..Wl�rsd1L 17. Petitioner xepmats mid realle-as. each and Qvcry allegationset forth in paragraphs t tbxou0i 16 above as if fully set fbilb at le j�lh hemn, 18. The response to 1 OTT serial number 202.3-334 did not deity the exis€once of pictures requested in FOIL serial , =fiber 2025-334, but did not provide any mpoi%e to j-, request for picturos set f"erdh in FOIL serial haumb+ r 2025-3 3 4, M By failing to respond to the request for pi ns set f rtb in FOIL serial number 2025-334, Respoadentp failed W perform a duty enjohied upon thein by law in violation of 'PL'I' § 7803 (1) and acted in a miser which wuz3 in violatiaih of lawful procedure. WEr'h was affeeted by an erwr of law, was ar itrary and capricious and/or was aa abuse; ofdisoretiort in violation of PLR §'7803 (3)a 4 4 cf 14 INDEX NO:. 2026-50901 NYSCLV. 02/,9/2026 20. Donald Denardo was present at the property located at 15 Spook Hill Road on June 23 through June 28, 20-75 and on Jme 30, 2025 and took videos -and pictures on those dates: as a member of the ZDA in connection with on application which was pending before tho ZIBA. 21, Donald Denardo was acting on bebalf of Respondent Town of Wappinger as a inember of the ZBA when he took, the videos and pidvres re4uested by FOIL serial number 2025-3A 22. The videos and pictmz s requested by FOIL serial wzi*er 2025-334 are Bove hent owned files becauso they were taken and, created by a member of the Town 7BA aoting in his capacity as a member of the Town ZBA in conntion with an application which was pending Wore the Town Z13A of which he was n mewbcr at the time the: videos and pictures were taken, 23, A report from -a New York State police investigation whiQh was initiated by coy ploint by Petitio-neir tind the owner of 15 Spook Hill Road, Cesar Barzallojollowing an inoi&sit whi6 occurred on.lunc 27, 2025 at 15 Spook Hill Road, ffirther cstablish that the ,qatement that the videos and pictur" are not goven-unent owtieddocuments or files is false and the statement that they are riot in the possession of thr, Town of 'Wappinger is also false, A Copy of the police report is submitted herewith wExbibit B. 24. M set forth on page 2 of the police report, the Town Supervisor told the invesfigatlug officer an Sune 30, 2025 that: "— there is mi open zoning case involving BARZALLO, which is the reason. they drive around his residence." 25, 'Flic admission by the Town SuperOsor that ZBA members were driving aroulld the residence at 15 Spook Bill Road because there is an open MilIg case further astablisheg that 5 o 14 7-2 INDEX NO. 2026-50901 NY8CIPS DOC. No. I NYSCFF- 02/1.9/2026 Denardo was acting on of Town b-asiness as a member of the ZD, when lie was making video recordings and taking pictures of 15 Spook Hill Road, 26. The police report submitted herewith as Exhibit B oil pap 3 discussed statements made by Denmdo to the state police on November 7, 2025, The first paragrapb of page 3 states in part as follows: on. i 1n12025, DENARDO DONALD arrived to SF Wappinger b=acks for a follow up. I interviewed DENIARED0 (sic) who stated that he recdls going to 15 SPOOK I -TILL RD, WAPPINOERS FALLS, DUMHESS NY USA 12590 around June this year. DENARDO stated that he was driving his wife's vehicle that day ... DENARDO stated ho passed by the Tesidence because he believes that 13ARZALLO-TENEMEA, CESAR A and ROWGUEZ, EDN are running a side business at that residence and he was trying to show proof to the town, DENARDO stated tiat he was rwording whom he drove by and has sprit that video to the attorn-oys and also stated that RODRIGUEZ along with other workers at: tho msidenof,- were r=rdiag him� 27. The statements made by Denardo to the Now York State Police as quoted above establish that Denardo was acting on behalf of Respondent To".. of Wappinger as a member of the ZBA with regard to any and all video rtwrdirags and pictures that hr, took in June 2()25 in connectimi with 15 Spook Hill Road; that all. Meo recordings and pictures that he took in June 2025 are governmew owned files; and that the -video recording or recordings Denardo sent to the attorneys are in the possossion of Respondent Tow a of Wappinger, 2& Rcs)ndent Town of Wapphiger's possesslon of the, video recording or recordings made by Denardo ha June 2025 was furflwr confirmed by the following entry made on 12111/2025 at page 3 of the police report: A -Ater speaking to DENARDO, DONALD an 11/8/1025, who stat od ghat the video lie recorded in June had beea sem to Wappingcr Town Cowt Attorney'Rebecca Valk,' I reached out to attorney Valk's office and spoke with her secrete= who advised that she was unsure weather (sfe) I was authorized to view the video and 6 6 0-7 14 ED:DUTCHCOUNTY CLEW—0-2 -2-0-2 6 {i lel �SPM INDEX NO. MG -5901 NYSCEP UCIC. NO. I RECIF'I'VE'D NYSCRT,': 021/ID/2026 would follow tip with rov. As ofthe date of this report, I have not re"ived stay response from Attomey Val or her wretary. 29, Me= Valk is the attorney for the ZBA -and her posession of the video ot videos taken by Donald Donardo is possession of the video or videos by Respondent Town of wappinger. 30. The entries from the police repkirt quoted in paTagraphs 26 and 28 above establish that Rebecca Valk, attorney for the ZBA, was in possession of the vid.co recording or recordings made by Donald Denardo in June 2025, was in poss4essioxi of the, video recording or rocordings on Octobor 20, 2025 when F01 L serial numb" 20234334 was responded to and her posse8 Sion of the video recording or rocordings for purposes of FOIL was possession of the video or videos by Respondent Town of Wappinger. 3L 'flicrefore, Rospondont-i, is refusing; and failitig to produce the, vidw Ymoryding or recordings and pictures requmted by FOIL soul number 2025-334 upon the grounds that the videos mid pictures "are not govvmmeDt owned files or documents," failed to perfmm. a duty enjoined upon them by law in violation of CPL R § 7803 (1) mid acted in a maimtr whieb was is violation of lawful procedure, which was affect -W by an error of I my� was arbitrary and capricious andlor was an abuse of discretion in violation of CPLR § 7803 (3). 31 Addidonally, Rcspondents in refusing and failing to produce the video rexording orrecovding.9 and pictures rcqaested by FOIL sotlial amber 2025-334 upon the grounds that they were not in the possession of the Town of 'Wappinger when in fact they were in the possession of the ZB:A'.s: attorney failed to perfunn a duty enjoined upon them by law in. violation of CPL.R § 7903 (1) aad actod in a inannor which was in violation of]awful proxduro,,, wbich was affected 7 7 o--' 14 �KIDEX NO. 2026 -SMI NY::CEP DOC, NC. I C;iLCEMD ZaYSCEF02/19/2026 by ars error of law, was arbitral and capricious and/or was an abuse of discretion in violation of CPLR § 7803 (3). 33. As establisheA by the foregoing, Respond zts violated FOIL by failing to .produce the records requ ted byFOIL spa:! number 2425-33 1. 34. `ib ref rre, Jud gent insist be granted to Petitioner directing Respo dents to provide all rewrds requested. by FOIL steal nuiuber 2025-334. To Provide the records Re l 35. Petitioner repeats and real leges each and ever alle atton set fordo in paragraphs 1 through 16 and 17 through 34 above as if fully set forth at length herein. 36. Respondents slid not produce aiiy records in response to the rogttest a-.nade in FOIL. serial number 2025-333 for: "... eiders taken at 15 Spook Hill Road fionz ,trfhn Loran7inj oil August 24' 2024 1.0 ate. -1 l ani." 37. idlna Lorenzin! was acting on 40!alf of the Town of'+r�appinger as a moniber of the ZBA in co ne0ioa with a pouding appli tion rt! ardiag 15 Spook Hill Road when the video rcrluWed by FOIL serial number 2025-33.3 was taken - 38. 'Me video taken at 15 Spook dill Road by Jolm Loronzini on August 24, 2024 from la: 00 ami. and 11.00 axi. is a govemuient owned file mid is in the possession of Respondent own of Wappinger, regardlessof the whether the vidto is in the physical possession of John Lorenzini, Rebecca Valk, Esq., the ZBA or anyone else to Whom the video was given. M 8 of 7� ................. W-ItED: DUTCHESS COUNTY CUE --RI< 6 2 q2-6-03�:5:=PM MDEX NO, 202G—S0901 NYSCIEF DOCII Wrl" I REMM NYS EF: 02/19/2026 M Therefore, Respondents in refusing and failing to produce the video recording or recordings requested by FOIL serial number 2025.333 upon the giounds that the xrideoj "are not government owned files or documents"' failed to perforin a duty enjoined upon them by law in violation of CPLR § 7803 (1) and acted in a manner wbioh was in violation of lawful procedure, whieh was affedvd by an orror of law, was arbitrary and capflcious and/or was wi abuse of discretion in violation of CPI § 78:03 (3), 40. Additionally, Mpo-ndents in refusing wad failing to produce the video recording or recordings requested by FOIL serial numba.2025-333 upon the grounds that they were not in the possession of Respondent Town of Wappinger failed to perforin a duty enjoined upon them by law in violation of CPL R §, 7803 (1) and acted in a manner which was in violation of lawful procedure, which was affected by an or of law, was arbitrary and capricious and/or was an Mise of discretion in violation of CPLR § 7803 (3). 41. As established by the fomgoing, Respondents violated FOIL by failing to produce the records requested by FOIL serial. number 2025-333. 42. Tborefore, fudginent inust be granted to Petitioner di dog Respondents to provide all records requested by FOIL serial vwnber 2025-333 MAN—DEOR A THIRD CLAIM FOR RELIE To Provide.Thp. Roe 41 Petitioner repeats and realleges earb and every allegafiouwi forth in paragraphs 1 through 16, 17 through. 34 and 3 5 through 42 above as if fully set forth at length herein. 44. Ilie GlcA, request whicb was agsigfted serial number 2025-330 CTUL serial namber 2025-3W) described the mquested records as follows. 9 R of 14 TNDEX NO, 2026-50901 140. 1 REC'EIVED NYSCEP: 02/1912026 1 am looking to foil any inspwtlon report, Stop Work Order or unsafe building flat Max Dao hm amisted flip Town ofWappinger in. I am mquesting this to be ceit.fied. Additionally, if not found to certify that the aay dm not have possession of snob r=rd or that such record cannot be found after a diligent search. 45. the response to FOM serial numba 2025-330 stated as follows, "This letiat also certifies that FOIL ser42025-330, in regard to domments predueed by Mr, Max I)ao do 110t eXj:,qj in our records. )Jr. No has not been employed by tho building departmenL ' m tho Town of Wappinger", 46. Respond-ents' response to FOIL serial number 2025-333 did not respond to the request made by petitioner. 47. PotNonu did not request documents "pry dix;vd" by Max Dao. 48., Petitionw- requmled inspoction repails, SIOP Work Ordor docurmuits or unsafe building domments Mai ch were issued m a rosalt of inspections or investigations in which Max Doo misted the Town of Wappinger. 49. Insload of responding to Pet tionor's mquest, Respondent rewrote the requo$j and. worded it in such a way that no documents would be produmd. 50. Max No is a former building inspector for the Town of East FisWIland is the huzband of Susan Dao, who is rho Building Inspector• of Respondent Towli of Wappinger, 51. Max No on Sunday April 10, 2022 aowmpanied Susan Dae on an inspection of IS Spook Hill Road, entered the 15 Spook Hill Road pmniaes, took pictures and amiated Susan 10 10 o17 14 MDF�X NO2026-50901 NYSICIEr 000. NO, I RECEIVED NYSC'E': 02/1,9/2026 Dao in a inspection which -resulted it Susan Dau dociding that the building was unsafe, directing that the premises be vacated and ordering that work at the promises be stoppe& I 52, FOIL sonal number 2025-330 requested records in order to determine if Max Dao assisted Respondent Town of Wappinger in any o-dier inspections whirh resulted in promises being vacated, an unsafe building deamination and/or a stop work cyder. 53. Therefore, ReVondents in refusing =d failing to produce the records requeated by FOIL serial nuinbcr 2025.-330 upon the re ds that "documents produced by Mr. Max Dao do not exist in our records" failedto perfmm a duty enj(-)I�ued upon the by law in violation of CFLR § 7803 (1) and noted in a manner which was in violation of lawful procedure, which was afTected by an error of law, was arbitrary and capricious and/or was ail abuse of discretion in violation of CPLR § 7803 (3) because Petitioner did not request docuinents produced by Max Dao, but instead responded to a request whieh was not made by Paitioner, 54. Therefore, Judanentnvust be graated to Petitioner dimrting Respondenxtg to provide all r"ords requosted by FOIL serial munber 2025-330. n.Atok A 'WA5 ku odg 55. Petitioner repeats and realleges each and every allegafion- set forth in paragraphs I tbxough 16,17 through 34, 35 through 42 and 43 through 54 above as if IbIly set forth at length 'Petitioner anal the owner of 15 Spook Hill Road, Cesar Barzallo, dispute the validity of the actions taken by Susan Dao on Sunday, Apffl 10, 2022 wl*h removed Cesar Bat -alio and his family from thoir home and propwty, but those actions are beyond the scope of this pro din and axe not chalIenged in d - ds proceeding. 11 11 14 FILED : DUTCHOUNTY INDEX NO, 2:026-50901 NYSMIP DQCNo. I RT�,CETV2D N-YF�'CE]F: 02/11)/2026 56, Pvxsuant to public Officers Law § 89 (4)(o)(ii), the Court is required to award rmsenable attonieys' fees and costs to a party that has substantially prevmled where theCourt finds that the agmuy hadno reasonable basis for denying accesu to the -rowrds requested, 57, Respondmits had no remonable basis for denying access to the rewrds iNuested by Petitioner, 58. Therefore, reasonable attorneys' fees and costs in an amount to bo dotennined by the Court iv at be awarded to Petitioner. NO- A I -)M I MUM T1 A P tB A L _LS R Z(IUI RF. ..)Q 59, The four pages submitted herewith EL -4 Exhibit A constitute the entire tesponse to the threcr FOIL requests submitted by Petifloiierwbich were assigned- sedal ntunbers 2025-330,. 2025-333 and 2025-334. 60. The response to Petitioner"s FOJL requests did not Include any inforniation regarding bow to appeal Respondents response, to whore ars appeal could be taken or the thne, witbin which = appeal was mquired to be taken 63, As a result of Respondents' failure to pmvide the roquired infunnation for taking an appeal l' >m Respondents' response to petitioner's FOIL reqwm, Petitioner is not required to appeal the re�Tonse to my agency or official of Respondent Town of Wapp inger, Respondents' October 20, 2025 rosponso Is a final dctcnr"a6on, all. admirdstiative xemedics have been waived or exhausted and Petitioner is autborized to procwd with cojnrnenc=cnt of Us Axticle 78 C procceding without taking any adugrtistmfive appeal fTom the 0: toter 20, 2025 response to Petitioner's FOIL reqyest& 12 12 -f 14 XLED DUTCHESS COUNTY CLEAKLqEiQ ui l�� INDEX No. 2026-50901 NYSCEF DOC. M I RECEIVEn NY8CEP: 02/19/2026 62. 11c cornin cacom,,,iri t date of this pToce editig is less than four months after Resivndonts responded to Petitioner's FOTL requests. 63, Petitioner has no adcquate remedy other than this proceeding for the violations of FOIL hereinabove set fbrth. 64. No prior request has beery made by Petitioner to this orally otber Court for the relief tequested by this Petition. WHEREFORE, it is respectfully roque8ted that the Court alt a j adgment in f avor of Petitioner.: (a) :On the First Claim for Relief, the Second Clahn far Relief and the 111ird Claim for Relief, directing Reopoxidents to produa e to P,31itioner thermords requested by Petitioner in Isis FOIL requests received by Respondents on October I4, 202.5 and &Signated by Rospondeits as FOIL Scrial"Numbers 2025-330,2025-333 and 2025-334 which are submittw herewith m part of Ekhibit A, (b) Awarding Petitioner attorneys' fees and costs ineurred in this special proceedirig pursuant to Public Officcrs Law § 89 (4)(o)(fi); and (c) Granting to Petitioner suoh other and faith" relief as the Court deems just and proper. Dated: White Plains, New York February 19, 2025 Bruce MiAkoff, Esq. ROBINOWITZ COHLAN DUBOW & DOHERTY LLP Attorn� for Petitioner Edvvin Rodriguez 199 Main Street - Fifth Floor White Plains, New York- 10601 (914) 949-2826 minkoff@,rcd)1p,corn 1I 7NDEX 140� 2026-50901 )UTCHESS COUNTY I NYSCEP DOCNO. I R E C F'l " V N Y S C RF,- 02/ I x/202 6 VERIFICATION EDWIN RODRIOUPZ states as follows. I am the PaitiGnar in the witbin proceeding. -1 have read the foregoing Petition, and keow the contents thereof; the sane ire t to my own knowledge, except as to the matters Cher hi atatod to be alleged on information and belief, and as to those matters I believo therm to be tru'o.- Tho grounds for any Mief as to those matters which are not based upon personal knowledge, are review �f documents. I affinn this 19 day of February, 2026, mider the penalties of pe ury raider the laws of New York, which may inchide a fine or imprisonment, that the foregoing is tme,exoept as to matters alleged on inforination and befiefand as to those matters I believe it to be true, and I understand that this docurnent may be filed in an action or ptoceeding i i a court of law, EDWIN RODMIGUE-Z '. 4 of 14 FILED: DUTCRESS JNDEX NO." 20216-50901 NYSCEF DOC, NO., 2 RECEIVEI) NYSCRF: 02/19/2026 I 11T 1 S11 8 9OUNTY C.ILE 11,101,121 PI—DUTC4 RK ... 02jl,9. 2 0 N::, t,iYSCEF DOC. NO, 2 Director of Tata le planning & monjelpal Codes agrbam Robart� - ext 128 Depaty ZDning AdwfniarsWr judh suWao -'NI 11-U TOWN OF WAPPINGER PLAN41NG BOARD &ZONING BOARD OF APPEALS SURETARY ZONING DEPARTMENT e0a 20 MIDDLLBUSH ROAD WAPPINGM FALLS, NY 12590 (841) M-1373 Ext, 2 Flex (845) 297-017� www,townas f'A'$Ppirtgtn�y.go,v ....... .. .. ...... . . .. .... .. ....... October 20, 2026 :1 Mr. Edwin Rodripez 15 Spook Hill' Wappingem Falls, NY 12500 RE: FOIL ser # 202 0, 333, and 334 Dear Mr. Rodriguez, INDEX NQ. 2026-50501 RECEIVED NYSCMF� 02/19/2026 SUPERVISOR Joseph Cavaocini TOWN 130ARD William 11 Boole, Chris PhfNps Anpla Bettina .A] Casella This letter is to certify that video files requested in FOIL ser# 2025-333 & 334 submitted on 1011412025 are not government owned files or 60currients and are not in the possession of the Town of Wappinger, Th is letter also cartiftes that FOIL ser# 2025-330, in rag ard to docummen ts produced by Mr. Max Ono do not exist in our records, Mr, Dao has not been employed by the building department in the Town of Wappinger, Regards, / ,,A 4o" Director of Strategic Planning & MuniclpalCodias INDEX EX NO, 2026-50901 MYSC P DOC. NO. 2 REC'P,'TVE 7 YS EF: 02/19/2Q26 C.I.ic:k ljerk�� To Search Om- Public Records Drr abasa ore Submitting Re:quesl C=ren-As ban Be Submitted via Ernai l to 1��xc�a�r�c�l��t �� rte tc�t+ rir�t`��� �x irt�?�s��o . �:c Z or r�r taisrsr 3 ;ia tEasa tt}a#� rt��, �I�c� rtr�..!u� or in p"sot*ia mail to ` 0 Ivfiddlei ush Rd WRF)Pin er,3 Nls. NY 12590 FOR INT AL TOM OF WAPPINGE p i t r -or Pub a oces t Records Received by,, JQwph. F. Ptrrtloni Lori llcCcsnou ! F01- fir= d YE qacRob itsot C. r 44� Date. Received. FO �� �, � C Pt WA PPjtVCt El FOR DEPA RTMENT USE 0-N LY ACCOUNTING ID C DC ENYORCEMENT Date Reccived by Dcpt b . ECEIVE ;Cir TAXES H RECREATION Rett AppM rant Cons ted: �e SUPERVISOR Cl TOWN' CLERK Date 1`01C fiidRhl lcxI at denim: 1,0 J.-7 V 11 l ........... WATERPSEWER DOG C TR L OFFICES ( lased Ra} TOWN, ENGINEER El Maine, edwin rodrIgIe Addveas° 15 spook hill road taffs ny !MW Notes- Anazrrrttt .Rete: Pie cs for a taral of _. . ....... .. 11scheck here if you arc" regw,�ihi that tht records he, E -ns leA Pn thC. w1dr;QQ &ncy or firm: 'T,elephorae #4 ( sty } ._b_� s FAX e rid l address: od ns u9 a hotrrr0.� otr SPECIFIC DESCRIPTION UE RECORD, h� tau4c oftt e prajpottY be -t n JamM; ;o be e.rrirtig r. F ORMAT OF RE -CORD (if available): Hiregt���t ttt be notified when I can come to inspect the record(s) dosc;ribed above i requmgt copies of the rccords described above and agree Co pay The cost of such records in accordance %vieh the Erre safiedulc an the hack ofthis applioation I request that the records btY stint via e-mail to ibew address, listed abav� 1 request that the records be faxed to the~ nurnber° INted above NYSMF DOC, NO. 2 R C.EIVEb NY CEF, 02/19(2026 OJek. lAet-'v, 'TO Search Our Public Rctords Database, Before Stibmittint" Request Form,, Can Big Submitted via Email to I17aoc03100t or grubinson(7e t<�o �t E`tae�r ?l yi�l Lrri t t or in personivia mail to 20 Middlebush R.d. Wappingers Fa0s, NY 1.2S90 Received lye Joseph P. Paoltrrti Lori McConologue - 4C £ ,race Robinson Dale Rcuived; I t DF,Pail' EIS' I ASSESSOR 0 C'CO TINCT CODE f NFORCLNIENT 21 TI'iGHWAY RECEIVER OF TA ES RECCRBA'TION SUPERVISOR TOWN CLERK ATE, FUS EWER DoG CONTROL OFFICER El TOWN E% IN1 E.R TOWN ATTORN Y' Name: edVVIO rudrr t.tez Addms . ts_sg� cs hili rra d .. Agency or fizm; . Te:lopi rr 914 629. -1796 Email address: !!wwo 3aRraasrnpi' �am TOWN OF WAPPINGER Application for Public, A %��S tO Records FOIL RE * [JF ;BARE=.JG��# ONLY Date R.e€eivetf 4y Mp L /)'L Dtpad:tmm Hood approval. A"� (lr)K) Date Applicant Comacted: Date, FOIL fulfilled or&-nicd-. Closed by. Date: La �snclLtr�t .�e: e Mages for a total Of S i3 o h,:m ifytu are requesting than the rectrM,,3 tv mailed to this tiddrejy. ..... _ �.... SPECIFICDESCRIPTION OF M iia; Iam VAhrthj to bi idea Iukon nt Jab n LorvgzInf can .Au5ust 7Ath 2D24 8 r7azn•14am. I m r€tqu ti sc� r'ni Gn I] MrUr*d, FORMAT OF RECORD (if availabic) A£regr� st to he notifiod wwj en I can; comet to rtgpw the raczrd(s) dcstril�ed al�c�ve 1 request copies of the recor6 dascribiad above and agiee to pay chi eo:t of suolj vccords in at:cordrance with the fee schedule on the hack of"this application l� l rcgoest That tfxc records be sent via e-mail to tatc address listed alcove LI xegrrest that the rfcacda be maid w the nurabcr listed' abovt a INDEX No. 2026-5001 NY�=F DOC. NO. 2 RPCl€,. 1VPM NYSCZI`-. 02/19/2026 C:'.l c_l l-IerC TO Spar- h Our Public Rocords Data% si4,€3efory Sr,tbmittiii Regnst FQrmr C wrt Be Submit cd via Email to IiucctailL)I, o ns�(�V air rcrl�iilsrata �,k � v+cin$izrat ilrti; :r r;rly r ii aei°sorrf�3.ia mail to 20 Midr3.lebrrsla lid Wrtppiiigen FaW, NY 12590 FOR XTERMA U E. LY TOWN OF WAPPINGruz. e )l3lleati011 hr Public Access to Recorcis FO °. 1ls� U r L 1 P t'rirrlt t a q Date o:crvud by Dept 'LO� fAF .. Department Head Approval: (trrir� Received by. ,dosepli P. paololli Grace RoWnson DOG CONTROL OFFICCR TOWN ENOTNEER. � TO" ATTORNEY 0 1°,am,',, edwin rodri u z id€rs , t6 Po.a hillroldi Agency or f'rnn Email addr"ss l)at:e Applicant Contacted: /'V ? I S- 1 -)ate FOIL fuIrifled or&!.nied; Ariiour:t l ue; NOS for a total a _..._ ._ Ellie& hore if you ai°e reques#in that tt)e record: i ba r giled to this addr%s , PAX IF: SPECIFIC DE CMRIPTION OF RECORD-. I tr €exskWq to r:rr Rly insp9don raNd, Stop work ordwlor Lm, r 3 bVwlro tE3a8 way. Crag hi the low n �f SArap:p€naur ira, i am rEsgvming rh:ls 70 6e: wmsd: AM&€ncaat€v, if nn� i�snd z�z ver€BFsr ]i�.aat rP:¢r a"€my daeg s}at hive Bxawsecaim nr rm!r rrsw9td Ot €rlal sorb reaxsrd cannot €r� [a�ld�. �ft�r diPiB��tl a2ar.H.i 3 FORMAT OF RECORD ORD (if available) I request to be rtotifted When. I MI come to inn ert the r:e�ord(s) doscr-ilaed above I request copiesof the records &scri ed above and agree to pay, the c.ost of HU fi records ;rr arw ordatic.e whh thv, fee schedule on tlt(. back tifthig o�iplication W I Mquewr that the records be sent -ria e-mail to the address listed above I rcclrrest that the records be faxed to the nur'fibtr listed abovc F0I 1, Ser, ; 3 D ASSMSOR �d ACCOUNTING C1,It,Yba' S'KI'-4.Jd'q„CTMEN11 MGHW Y RF,:CEf V Ell Or TAN ES M -C ESTION SUPERVISOR TOWN (.l,PERK DOG CONTROL OFFICCR TOWN ENOTNEER. � TO" ATTORNEY 0 1°,am,',, edwin rodri u z id€rs , t6 Po.a hillroldi Agency or f'rnn Email addr"ss l)at:e Applicant Contacted: /'V ? I S- 1 -)ate FOIL fuIrifled or&!.nied; Ariiour:t l ue; NOS for a total a _..._ ._ Ellie& hore if you ai°e reques#in that tt)e record: i ba r giled to this addr%s , PAX IF: SPECIFIC DE CMRIPTION OF RECORD-. I tr €exskWq to r:rr Rly insp9don raNd, Stop work ordwlor Lm, r 3 bVwlro tE3a8 way. Crag hi the low n �f SArap:p€naur ira, i am rEsgvming rh:ls 70 6e: wmsd: AM&€ncaat€v, if nn� i�snd z�z ver€BFsr ]i�.aat rP:¢r a"€my daeg s}at hive Bxawsecaim nr rm!r rrsw9td Ot €rlal sorb reaxsrd cannot €r� [a�ld�. �ft�r diPiB��tl a2ar.H.i 3 FORMAT OF RECORD ORD (if available) I request to be rtotifted When. I MI come to inn ert the r:e�ord(s) doscr-ilaed above I request copiesof the records &scri ed above and agree to pay, the c.ost of HU fi records ;rr arw ordatic.e whh thv, fee schedule on tlt(. back tifthig o�iplication W I Mquewr that the records be sent -ria e-mail to the address listed above I rcclrrest that the records be faxed to the nur'fibtr listed abovc NY CE DOC. NO, 3 INDEX NO. 2026-50501 RECEI'VED NVKEF: WID/2026 i YSCB:1 DOC. NO 3 —'f'Azw State m . -YORK STATE Pulice WAPPIN ER UNIFORM TNDEX NO. 2026-509Ci I F I I LVI I W 'C"' CEvl :T 1 2/1977C32 page; I of Incs4cwtType; UF- NON CRIMINAL I VKSTIGATON SoUrCet 10 DIGIT PHONE U:NE Incident Pate/ lme JZa}, 0130/202$ 09;00 Reported. We/3ime 124)' IM/30/2025 09:10 CTVi T/WAPPI %CR -14E8 Call Codec CIVIL Car #; ZK'Ls Addrms: 15 SPOOK HILL RD COAnty; DJTCWESS WAPPIl� EAS FALLS, NEW YORK12SSO IiVestigetWeslatgsS CI_C}SIEDICUARED status Da&: fl7/ip�itl25 Superaelsary Chaddhb INCIDENTGU .�,il&Y1ii7a�r i:lSf�!'Sumrk9ciq; 3C�k+iSl. dE k�IITS 10. D iJFFiC�9I 3j flrf ;k?yr Inv: Unit. WAPPiNGER 1JNr[FORM Iglu zCi a Ind, Initiating: #4543 YNOA, VERONICA A. PLAINANTLv Name: RQ0RIGQE.Z :.b.N.i.N non: 08/11/3.993 Gender: MAA RCeAthr?lCRY^ WRITE-NON-HISPANi[ ClanIfiratIonz VICTIM }tar,I4c-nVn'I Addre = 15 SPOOK HIIJ. RU, WAF NGER�> FA .LS, NEW VORK 12590 Tek-PII OM (Cell phun:el (914I 3039-63A page; I of INDEX NO. 2026-5G901 YSCkil? DOC. NO. 3 ..0 . .............m�.a.u�,..,.....n r.. �mm wwr. p.n.n.x.n.x....x....n.n.rn..xxw.wnm.arw:.:m.w.....w,w......,..,..,..........�.�._.,......—,iwn.,rr.mn.mm...w,.......nw.,....r......,.nmm.mnwnn.n.w.--..-.......r....rnwxxv.....:wr..w.w...__....,_.,._._.._....._..._..........��__.. . OTHER INVOLVED Ggrader; MALE tta� # thr9f�ifiy: Clauffication: PERSON IN"i'I:RVIr Wri!) llesildetatiat Address: 15 SPOOX FULL AD,. ~PINGEAS FALLS, NEW YORK 12590 Telephooee jCetl phunt) gaily:: CAVACQJNUi J:3`a'EPE 0 13015" UNKNOWN t tender: MALE CQiNsl*ationa PERSON INTERVIEWED Residential Address �� '�AP�IiV6ER5 Fa1LiS, Nf i�# Ytj'ItiC 12596 Telep6tan�; {�e11 pttaroLj idea e, PA kQNJ ..0.A 003 r Gser+deft FEMALE Classifita00ea, PERSO14 WTEIRVIEWED 11"dimllal,Addressr IiUAPP:I�is�ERS AL.LS, €3EW'YORK 17590 Telephone., (Cell Nartt:e: DENAROO.DPl a4i? DOB g Ganftm MALE la iArcrzttorr. PERSON INTERVIEWER Residential Addres5srt m WAPP1Nf3ER5 FA LLS, NEW YORK 12.59.0 Telephones (Celt phone)M IMF,- ON ENTRY($1- tame of Adlon afflMr NOW & RAn'k 07/lQ/2025 07:40 initiel/rio0nq entry #4543 yrJC3Fl, kr5RgN1G�a A, Ctr Ca/ /21}25, I was dispatched to p&trta6 to l'5.5FQQK.„ ilii R.P vy pl'l ee.l At:i:S.: PIJQ"i 5.N.K!BAJ,?.54P in regards to a possible It <ra5srt�fra#, Upas arrlval,'P interviewed 921R �,r M and Ari,,WLL 1 NE .,�� !1 ,JL, whu provided e supportingdep sltiolr, i 9ilF�Liq s£ r d tlaathw believes he has been eaperleneing opgolnd :issues vdth imernbe.rs of the Town of Wappingers Falls Zoning Board, He expressed concerns that tht board members are dist HilllInating agalnm him and fretluerltly driving past his res€hence. 6ARZA110 reporled That while he was traa: his prape ty, tae Observed a White vehicle pass hy. ire stater! that he wlt.ness a male, who foe ctairns to be "gearraada," a member at ithe zoning board. Accorftg to RARZAI.Lo, this individualshouted frau. the ueiaitle, stating, "I am I Oiljs to RN you," R00AIGt= staled that Iia eras able to record the vehicle's IIceva a plate, Upon rrtanntn:g the plate, Itmtufrin'd registilmd to a femaie with a: different name than the care aile:g-ad. BARZALLO stated that'h-a does not have any mrvelllance cameras on lois propertyr. VlQ slated he would like to pr*ss ehargcs agairmt "Cana rnadv" basad lard the.all�ged threat,. kie Rise expre5wd a belfef that the aorrurrg. b acrd €s atterraptirig to force hire oot caf his h atlre. I Infwrned HAI; LLD thlt, ditlC to the lack 4f udf dont ev'idance to corafrrm the ld"Ilty of the Individual In the vehicle ar veflfy the most t could do at airs tirma is ondutt a tmllowv-uip with the zoning board. I proceeded try foflc+ua up suith Ttwn raf WsPappinperi ai,Is xuperviscrr AVPCCI t�13° p 1 p and PAGLOW �[A .Who advised tyle that thews Is an Apl�n .zoning case involvi% adARZALtOC whiLb is the reason they drNe around his drat uon'mg board Mera hers only engage w!til IIARZALLO during scheduled mP_uIngs:at the town h -A or when related to ongoing canstr•untto.n at :his property, winch requires Own a,pparovaL No further NYSE' assistance required.. CLOSER, veteofalfaan fiction 117/M025 18.56 Follow -hp raker Name & Rank _ #A 3 Yid iA, VEII,ONI&t A. an 10/ 24/202!1, RODRIGUEZ f DWTN contaPted We r1aating that he is upset that he ca:n not reneive th4s video that was txkert of his resfdenca, R0()RiGE.JEZ staf�2d that "i NA.i p" took a video while at his residence and: hats tried to folt for it, but was Informed by the court that they do not have it Ror)RIG U F2 expressed that lie has a right to see the video a :it was used fiat: evi, nre In the towns r a:se. I i:nfwavid lira that ire wail need to 5peaR to the To vin regarding that because if it wrostaken nn sorneone"s personal phone, l aan not allowed to Bet that Information, f aW of Adlon Arflan W08/2025 11-47 Follow-up r}tfarer dame & rlfta4 44543 YNOA, VERO WCA A, Fagg` 2 of 3 INDEX NO, 2026-5090 Or� 1I/7f202S, b�NARP Q M–NALA) arrived to SP Wappin,ger barracks for a falk)w up. E intimiewed DENARE Dr) who stated that he recalls going to A5 k?VMMA 4-12ui`Ck M NXVSA � %() around aurae tfaaa year. DENAWtO Mated that hi� was dr9ving his wife's veht cte that days which is a white Hanna MRV bearing NY reg LFA7706. DEN stated he passed by the resldonce that day because he beileves that BAPALLO- i 1 .lA,Ctf S A andF., i N are running sfdQ business aA that resWote and vias trying ca shraw proaP to the town, D ENAM0 stated that he was recording when his dreve by alyd he,t sent that video to the attorneys and also stated that ROD! 16 :. Z arrang with r14ht3r workers at the residence ware recording hire. CtEN!ARDO denisd raking �nV threatening comments to BARZALLO, whEr h he stated, he has never exchanged my WoAs with BAR7ALL and has only spoken to RODRIGUEZ at the town ETC, Data of Action Actlmn entev i�+, a Wer Name #s &mit w R9... ...� .„ .....__..... ...... ...K .{z X125 8;35 iasis entry *4.543YKA,'yER&IEWA After interviewing the sumectr probable ea use does not exist to make an arrest. Asiy aliegat+anS Of ImPrOpar ccrnd uct meardPng the allegad rocordIng by EaENARDO 5houtd be addressed through o ra11.appeal process by POORMLIEZ and BARZAALLD to the Town. CB 1. Date of #talon Action Entq Type c4tcar blame &Rarr# 1211112WS19:09 lniti:alfclpstr€gentsy 04543YNOAilrl: ONICA ,A. After speaking to ;t� "A;W>�tti no. LP M on 11%AJM25, who stated that the video h$ reccrded in June had teen 5en°t ts'J`a6apinger'rowr Court Attorney "Reb*Cc a Va€k". J reached put to attiomey Valk's Ot ice and spoke with her secretary who advised that she was unsuve weather I vas a,uthnti.zed w views the video an.d w mild follow vp with mo. As of thv Acte of'this rapor( i have not received any response From Attorney Yxlk or her secretary, Cil t. Report$ Author Involved Panon Wert Data/Ttma 174) �s y7nrfa T Citi t 0549MA, WR NICAA, BAR.7ALLOTENEMEA,CESARA 0:W1112025 M3t Pa'. 3 of 3 Index No, 2026-60901 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS In the Matter of the Application of EDWIN RODRIGUEZ, Petitioner, :For a Judgment Pursuant to CPLR Article 78, -against- TOWN OF WAPPINGER and BARBARA ROBERTI, in her capacIty as Director of Strategic Plaining & Municipal Codes of the Town of Wappinger, Respondents, NOTICE OF PETITION, PETITION AND EXHIBITS ROBINOWITZ COHLAN DUBOW & DOHERTY LLP Attorneys for Petitioner Edwin Rodriguez 199 Main Street, Suite 500 W :1 Fite Pain New York 10601 (9.14) 949-2826 INDEX NO. 2026-50901 WMCPF DOC. N-O5; RFCEIVID NYSCFF: '0 2 /19/ 2 0 2 6 SUPREME COURT 017 THE STATE OF NEW YORK COUNTY OF DUTCHESS In the Matter of the Application of 1ndox No. '-� 076 EDWN RODRIGUEZ, Petifioner, For a Judgment Pursuant to CPLR Article 78, -agailust. TOWN OF WAPPINGER md. BARBARA ROBERTL in her capacity as Director of Strategic Plaining & Muaieipal Codes of the Town of wappillger, Respondent& ELT-IM)NER'.5 MERO-RAN ..PEUTION. ROHNOWITZ COHLAN DUBOW & DOHERTY LLP Attorncyi for Petitioner Edwin Rodriguez 199 Main Street - Fifth Floor White Plains, Now York 10601 (914) 949-2826 I o '16 `IL: D:. DUTCHESS COUNTY CLEC 1 262 6 ..'. MFX NO. 2026-50901 NY.>'C; F,F" DOC. NO. 5 RECEIVED NYSC".EF" 021191'20U TABLE OF CONTENT$ PRELIMINARY STATEMENT,..,. .......... ..................................... STATEMENTOFFAC'I"S1...•.r...,....e.li.lV...r...V.... ., l,.r.e....,.......I ARGUMENT POINT I - THE BROAD MANDATES OF FOIL, REQUIRE THAT THE EQUBSTED RECORDS BE, PRODUCED .... , r ...... r .......... , ... PC IN7 I1- NO A MINE TRATIVE APPEAL WAS REQUIRED .... ... , .... , i POINT III - ATTOXNEYS� FEES MUST BE AWARDED TO PETITIONER ......, , CONCLUSION... ...... ...... ........... .,.......... ,I 2 .o z I G " } 7NM� 'X TABLE OF AUTHORME Cases: nk v Igfla'o its, 47 NY2d 567,571 [19791..., ................... . ... . ...... . , , , .. 2 Matter ofBaarrett v. orgenthou, 74 NY2d 907, 909 [19'89] . ............. . .... . . . . . ... 8 Matter of Capital Newspapers Div of lfearvCorp. v Maalon., 69 K'2d 246 [1987] ....... , . 2 Matter qft ookvNassau County Police Dept., 3.40 a Dad 1059, IOOO J201 d ..............10 Matter of incor^e Coll. Books fares v Auxiliary Sergi Corp. of State Univ. off Y. at Farmingdale, ingdcale, 87 NY2d 410,417 [ 1995] ............. y . , .. , ........ 4 Matter of CrouldvNew York- Oty Police Dept, 89 NTY2d 267 [19961 ..................... , 4 Matter oftane v County qassau, 221 133d 1 O08 [2d D pt 2023] , .......... . .......... 10 Matter gfMadvirrrs v Now York Stale Edue, Dept., 30 NY3d 67, 74 [20171 ... . ............. 3. Matter of Madden v Village of Davdo Park, 192 AD3d 802,905 [20211 .. 9 . . . . ........... 8 Matter raf'k1oXerrrey v Ca"nel Cent. Sch. Dist,, 204 AD3d 1012,1013[20221 .............. 1:0 Matter of New York Clv. bberties Union v New York Slate Off. of `Cl; Adodn., r_ NY3d _m, 2025 NY Slip: Op 05784, *:2 [2a251 . . .. . ......... . . ......... r ......... 3 Matter of Sc er hyn v PVqyne-Finger Lalws Bd. of Coop. Bduc. Servs., 77 NY2d 753,758[1991) ............................„..<..... ....... ...,....,3 Matter of-Rivette vDi8ir ctA turney ofRetrssel aera County, 272 AD2d 648,649 [20001 .. , . , :. 8 Matter o(pusso 1� tlrassaaa Community Coll,, 81 NYM 690$ 697 [199 1, .... _ . , , ... , . 2 Matter of 'nyder v Nassau County, 199 Dad 923 2d ,1St .2021 ] ... , 8 Manor of ITastchester Rockland ,,ws rapers as. in;ball, 50 Y2d 575, 579 (19811)............ 2 Statutes, CPLR § 7803 .1)....... ,..................................... ....... , , ... 4, 5, 7 M.9 3 of 16 IM: DUTCMESS COUNTY CLEM:g����� �NIT)E'% No. 2026-50901 CPLF,§7808/3\.......... ........................ ...............,^.^.��5L7 Public Officers {xaNy 86/4l'.^,`,~...,_'.,,.,',,,..,,....^,^.'_.__...^^.,.,...,,4 PubliwOfficm Law8 09 /31(a) . . . ^ . , ^ . . . . ' ^ . . . � . . _ _ ' _ ^ . . , ^_ ^ , , ^ . ' . . . ^ ^ . ^ . . ' . _ . .. _ 8 Publi#{}ffica8 Law § 89/4\(a) . . . . . . . , . . . . , ^ . ^ . ` ' ~^ ^ , . ' . . ^ ^ ^ ^ ~ ' 0 Publi#{)fficen Law § 99 . ftxati0ns| 4 cat 1, 6 NY5CEF Doc� RECEIVED NYSCE'F. 02/19/2026 P REI —QUENARY—IDU11-�WN T Petitioner Edwin Rodfiguez (Totidoner") s-ubmits this Memoiwidum of Law in support of his PGtItion for a Judplent pursuant to Artiole 78 of the Civil Practice Law and Rules ("CP [K) directing Respondents Town of Wappfttger and Barbara Roberti, in her capacity as Directox of Strategic Plawiing & Municipal Cod" of the Town of Wappingor C'Respondents") to provide the records requcstedby Petitioner in three Freedom of Infomation Law ("FOIL'") requests winch were received by Respondent Town ofWappinger on October 1.4, 2025 and as8igned FOIL serial numheis 2025-330, 2025-333 a -ad 2025-334. For the reasons act faith in the Petition and in this Memorandum of Law, the Petition must be granted and. attonioys"fees awarded to Petitioner. S-TATL DF-EACT . The fachial allegations Won which this Memoranduni of Law is bnv,:d are set forth in the Petition verifiod on the 19" day of February 2026 ("the Petition's) and the oxhibits submitted with the Petition. The fact,, will not be repeated, except as is necessary to set foilh the argumieti.ts presented herein, AR M M -I P-0-TUNT i REOMS�TEDRE-C-0—RDSBIS P QD Records req ucstcd p-orsuant to FOIL must be produced unless the records fall within nmTow exceptioni specified by FOIL. Respondents did not claim that the requested records &it 5 of IG FILED: DUTCH MO EX NTO. 2026-50Dl' Ny8cny DOC, NTO. 3 RECEIVED NYSCEfl. 02/19/20;?6 within miy of the narrow FOIL exceptions as the basis for failing to prod'um the requoted records. In,stead, respondents claimed that the guested mor ds vAth regard to the requests'Wbich 'were asAgned FOIL serial numbers 2025-333 wid 2025-334. are not government owned doouments and are not in the possession of the Town ofWapping er." However, both of those reasons for failing to provide, the requested records are fhaually and legally incorrect. In mspouse to the request which was assigned FOIL s number 2025-330, Respondents did not resTund to the request for rmords, Instead, Respon-donts rewrote the request and responded to a request which was not made by Petitioner. R"pondent's evasive taction �i an attempt to avoid their obligations wider FOIL mug be rojec4ed. A review of theparposes of FOIL establish that the Petition must be gran. ted aid the requested r=rdsmust be produced. Tbe underlying piinciple of FOIL is that; "[ol�pcn =d acces sib to govarjunent is a hallmark of a flee soGioty, engendering public understanding and participafion." Matter of&g5a v Nassau Community Coll, 81 NY2d 690, 697 [19931 Tht,, Court of Appeals has stated: "the public is vestod with an inherent tight to know and. that official secrecy is anathematic to our form of goverrtmo-a" MOW of Capital ATowspapers, Dlv. qfHearst Corp. v Naten, 69 NY2d 246, 252 [19871 (quoting Fink v Lqfkawltz, 47 NY2d 567,571 [1979]). One of the purposes of FOIL is to as hfiwe: "... a more responsible wid responsire" govemwent, Matter oj'Westchester RockkndXemwpqpem v kinsball, 50 NY2')d 575, 579 [1990]. 2 5 Of 16 INDEX NO. 2026-5Q901 NYSCEF DOC. NO 1 5 RLCEIVED 11TYSCEV, 02/1:9/2026 As the Court of.Appeal s stated in Matter of Capital Newspapers, Mv. qfmear,�t Corp. V nalen: "FOIL is to be liberaRy constraed and its exemptions narrowly interpreted so that at tile public is granted maximum access toile records of govcrnment-" 69 NY2d at 1-52, Here, Rmpondents failure to producv,, the requested records was not based i4)on any exemptions, wiffle, maximum access to the records of govemment requires.that the requested recaTds be produced. In reviewing Despond ents'justification fir tbeiT failure to produce the records requested by Petitioner, the Court is flinited M the grounds raised by Respond , i min stratiare entg n their, ad. i , 'v decrial, Respondents cannot raise new or different gounds. As the Cowl of Appeals bas rmntly mafflrrnad, '".'Judicial review of an administrative determination is lira; ted to the grounds ftivoked by the agency' (Matter ref `1 v New Yep k State Edue, Dept., 30 NY3 d 67, 74 [20171, quolingMatter orf ,50ierbyn v Wayne-Ffnger Lakes Hot. ofCoqp� Edue. Verve., 77 NY 2d 753, 75R (19911)."' Matter` qfAlew York Civ, Liberti" Union vNew York State off 0t Adnl !iJ. fc, �d _, 2025 NY Slip Op [)5784,'12 [20251A I1$ Matter of Madeiros v New York SeateEduc. Dept., the Court of Appeals. expressly -rejected an attempt by the respondent to rely upon grounds which were not raised in its administmtive denial: "Because the Department did not rely on Subparagraph (j�) fil its administrative den al, to allow it to dG so now would be coatmry to our preetWelit, as well as to the s.pixit and purpose of FOIL', 50 NY3d at 75. Thas, the reasons set forth in Respondeno' Mcmoyand= dated October 20, 2025 responding to Petitioner's FOIL requests which is submitted with the Petition." put of Exbj�jt 0 INDEX NO, 2,526-50901 NY�3= DOC, NO. 5 RZCE.IVED NYSCEY.1 A ue the only reasons which Respondont can advance in this procceding in support ofits determination.' Respondents' response to FOIL serial aria hers 2025-333 and 2025-334 for videos and photos taken by To of Wappinger Zoning Board of Appeals ("ZBA") member Donald Denardo and videos t*en by ZBA member John Lmen=i in connection with applications. whish were pending before the Z13A was that the requested roto is are not government owned fibs or documents .d aro not in the possession of the Tawm of Wappingxer- However, Ro-sponkniss'response is fanially lmojToct, is legally fixorrect and is contrary to what F0.11, requires. As stated by the Card of Appeals in Matter OfEnwre Call, Boohtores Y Auxiliary Serv, Corp. of State Univ, ofX Y at Farmingdale, 87NY2d 410,417 [19951. "SUNY's contention that disclosure turns solely on whether the requested hAhnnation its in the physical posseg'si Oil of the agency Woms the plain laiguage of FOIL defining 'records' as infonnation. kept or hold'hy, with or for mi agency' (public Offileers Law § 86 [41)." Here, the requested videos and pictures are records Which FOIL mandates be released reprdle&s of whether they in the pos8escion of l�&. Denardo and/or Mr. Lorenzini., in the pasos,ston of Rebecca Valk, Esqa, the attorney for the ZBA, or in the possmion of the ZBA, ThAfauer of Could vNew York City Police Dept, 89 N 2 267 [19961, the Cowt of Appeals held that police activity logs prepared by police officers are records available under 'As discussed in Pint It below, the October 20, 2925 Memorandum did not irform Nfidonor of his right to appeal or tho appeal procedure. 11orefore, Petitioner is not required to pursue an administrative appeal prior tia mmmencing this pwoeeding. E! R of 16 INDEX NO. 2026-50901 NYSCEF DOC. 140. 5 RECZ1V9D NYSCEP: 02/1.9/2026 FOIL because they are information kept or held for an agency, not the personal property of the. police offlocrs who prepue tbam, 11me, the videos and pictures tat -on by the ZBA m=bors which Petitionar has requosted are kept or held by the ZBA regardless of whether they are in the physical possession of Mr. Denardo, Mr, Loronzini and/or Attorney Valk. instead of the ZBA, Furthcrinore, as set forth in paragraph 28 of the Petition and the police report submitted w 't a onar is t he i h the Petition as Exhibit B, at least one video taken by ZEA mcniber Don Id D do iit possession of Attomey Valk on behalf of the ZBA- By failing to produce the records requested by FOIL serW nambers 2025-333 and 2025- 334, RespondcnIs failed to pmTorm a duty enjoined upon thein by law in violation of CTLR § 7893 (1) and acted in a mminer which was in violation of lawful procedure, wbicb wasaf. f beled by m error of law, was arbilrary and capnoiom said/or was on abuse of discretion in violaboi of .CPIR � 7803 (3). FOU, serial nmaber 2025-330 reqvestad any hispeotion repots, Stop Work Order or unsafe buildin8 -records that IvIax Dqo assisted the Town of Wappingar in. Respondents' response stated.- "Ms letter also certifies that FOIL ser#2025&330, in regard to documents produced by Mr. Max Mo do not exist in our records, �. Me has not b:wn employed by the buildiD.g departmeat in the To of Wappinger." Respondents' rOSPOnSC W FQ11, serial number 2025-330 did not respond to PC- titioner's mquwt bocauso Pethioner did not request documents "produced" by Max MO. Ps,Aidoner requt-sted inspection reports, Stop Work Ordor documents or unsafe building documents which were issued as a result of inspections or investigations in which Max nota .3 of 16 INDEX NO. 2026-50901 NYSCR.�, Doc. NO. 5 PE(-'�,IVEU NYSCEF: 02/iD/2026 assisted the Town of Wappinger. Instead of responding to Petitioner's request, Respondentg rewrote the request and worded it in such. a way that no documents would be pro&ced. As act forth in the Potition(pars, 50 - 51), Max an is a fonner buildinginspector for the Town of East Fishkill and is the husband of Susan No, who is the B-ailding Inspector of Respondent To" of Wappinger. As cher set fbith in the Petition (para 51), Max,Dao in April 202:2 amompanied Susan Dan on im inspootion of 15 Spook Hill Road, Town of Wappingor, Now Ynrkp entffed the 15 Spook Hill Road promises, took pictures and assisted Smart Dao in an inspection which resulted in Sugan Dan deciding that the huildhig was unsafe, directing that the prenliges be Vacated and ordering that work at the premises be stopped,' FOIL serial number 2025-330 requested records in order to determine if M&x Dao assisted Respondent: Tovni of Wappinger in any inspezflons of properties other than 15 Spook Ili]] Road wbich resulted ill pmmises beffig vacated, an unsafe building deterinination bei -ng made anWor a stop work- order boing i ssned. Respondinits failed to respond to the Yeqiiest which was made in FOIL serial nupnr 2025-330 mid failed to produce the records requested by FOIL serial number 2025-330 by rewAting the request to make it appear that Yotitioner requested "doownonts produced by Mr, Max Dao" and did not produce any documents upon the grounds that "— documents produced by I Petitioner and the owner of 15 Spook Hill Road, Cesar Barzalle, dispute tho validity of the actions tWen by Susan Wo in Ap-ril 2022 which. removed Cesar Barzallo and his family frown their home and propia-ty, but those actjons arc not within the scrape of this pfocceding and are not challenged in this proceeding. 6 10 of is JNN,X NO. 2'026-50 01 NYSCFF DOC. 140, 5 RECEIVED *,�YSCF,�'- 02/19/2026 Mr. Max Dao do not exist in our rccords." Petitioner did nol req4est "doownents produced by W Max Dao." By rewritingthe roquest made in FOIL serial number 202$-330, PLOspondents, improperly avoided answering ihe reqacst Whin was made and Mod to pro dum the, roqumted rewrds, ReErpandents in failiag to respond to the request which w&s made by Petitioner i1i F011, serial number 2025-330 mid failing to produce the requested .records failed to perform a duty etoined upon thea by law in violadon ofCPLP, § 7803 (1) and acted in a maluler whiell was in �dalation of lawful protedure, which was affected by an error of law, was arbitrary and capdaium and/or was an ab -use of discretion in violation of C.PLR § 7803 (3). A.q established by ft fore 4going, Rospondclits' actions in failing to provide the moords requested byFOrL requests 2025-330, 20253133 and 2025-334 failed to pmfoiin a duty clljaljlft�d tipt)n them by kw in Ni.olation. of CPIR § 7803 (1) mid acted in a manner which was in vjolaticrn of lawful proceduro, which was affectod. by an error of law, was arbitrary andcapric-ious and/or was an abuse of discretion in violation of CPLR § 7803 (3). Tberefore, Respondents must be req tired toprovido all rusponsivo records requested by FOIL requests 2025-330, 2025-333 and 2025-334. Respondents did not inform Patitioncr of his rigbt to appeal, did not inform Petitioner of the pmon or body to whom n. appeal could be talc ea and did not provide Respondent Witt) the contact irifomation for that ppmon or body. Therefore, no admitistrative appeal was mquired I FILED: DIMCIIIESS COUNTY CLPBg 0 .0 NY8CEF Dof-1. NO, 5 RECEIVED NYSCEF: 02/19/202Ei prior to corninenc=ent of this proceeding and Petitioner was not required to exhaust administrative remedies. As stated in Matter qfShyder v Nassau C*unty, 199 ADId 923 [2,d Dept 2021]: Public Offecrg Law § 99(3)(a) and (4)(a) requirm that FOIL requests be granted or donied by an agency within five, business days, wd that miy administrative appeal cif a denial, as required for exhausting administwi-vo rmnwi.M be undertakei) wiNn 30 days of the denial. 21 NYCRR 1401.7(b) further requires, however, that" (d)enial of access shall be in writing stating. the reason th-'roforaild advising the persondmicd aocess of his or her ri& to appeal to the person or body desigmted to 4oterraine appeals, and that person orbody sball be identified by name, title, business address and business tclophono nuu inbor. 'nia records woes officer steal I not be the appeals offlicur.' Since, there is no dispute that the subject denial of the petitioner's FOIL request failed to advise the petitioner of the availability of an administrative, appeal and the peiun to whom the appeal sh OvId be dirocted as required by 21 NYS 14011.7(b), die Supreme Coil rt orred in dim-nissing the petition for failure to cxh:a-ust administrative remedies (see Matter ql'BarreO v Morgenthau, 74 NY2d 907, 909 119891; Matter of adder v Village of Tuxedo Park, 192 AD3d 802, 805 [2021]; Matter qfRlveme v Divrierktorwy of Renssetaer County, 272 A 2 648, 649 [2000]. 199 .4,DM at 924, 11=, as established by paraqz#s 59-60 of tiro Petition and Exhibit A to the Petition, Respondents failed to advise Petitioner of tho availability of an advainistrativo appeal as we[I as the nomas, title, basin asaddress and business telepllone number of the perwn to whom the appeal should be directed as required by 21 NYCRR 1401.7(b), Th=forc, Petitioner was not required: to take an administrative appeal or exhauq adininisirative rernedies and this Article 78 proceeding has been properly wminencvd without an administrative appeal, AE5=RM J,NDEX No2026-50901. NYSCRF DOC. NO, 5 RECEIVED NY. C -",F- 02/19/2026 LQ N -11i ATTORN Them- was no reasonable lanais for Respondents' failure to provide the rezords requested by Petitioner, Therefore, reasonaMe attorneys' fees and costs must be awarded to Petitioner pursuant to Nblic Officers Law § 89 (4)(c)(ii), As set forth ire kablie Officers Law § 89 (4)(c)(ii), the Court- "... shall assess, against such agonoy involved, reasonable attomey's fees and other litigation costs reasonably incurred by such person in any case wider the provi;Io ns of this section in which such person hat; suhstantially prevailed and the coin finds that the agency had no masonable basis for denying access." Petitioner should substantially prevail irn this action. Rospan ants faed to respond to the request for pictum takcn by Donald DenaTdo; RCSPOndWN claimed that Video tec(lrdines made by Rmpondent Town, of Wappingar ZB.A mwibers Donald Denudo and John Lorremini in connection with a pendil)9 ZBA application of a ptoporty wWch was the subject of the video rewrdings were not goveriu-nent owned documents; Respondents falsely claimed that a video which the police report embmitted as Exhibit 3 to the Ntition establishes was in the possession of the attomey for the ZBA was not in the possession of the Town; and Respondents failed to respond to the request for accords regarding Max Dao by rewording the request to sometNng which Petitioner did not request. Each of the fmgoing foots establish that Petitioner should sabstantially prevail in this action and that there was no reasonable basis for Respondents to deny Petitioner's FOIL requests, 0-1 TrJ�'�LX NO, 2026-50901 DUTCHESS COUNTY LERK&N, Ny'CEF ooc� NO, 5 As stated in Maticr of lane v County ofMas,7au, 221 ADM 1008 [2d Dept 2023]; `In order to create a. ohmr &torrent to -unrmsonable delays and denials of ac 15 [and thereby] encourage every unit of govemment W make a good faith effort to winply with the requirements of FOIL, tho Legi s) aturz has pTo:vidcd for the assessment of an attorney's The and other litigation costs in FOIL proceed g,, n S I i (Matter ofM�Nerney v Carmel Cent Sch, Dist., 204 AD3d 1012, 1013[20221, quoting Matter of Cook v Nassau County Police Dept, 140 A73d 1059, 1060 [20161). Thus, '[tJhe coort... sbAl assesq, against mch agency inNrolvod, reasonable attomay's fbes and other litiaRtion costs reasonably inc-aired by Suell Pei'soil in any Casa undtr the provisions of Public Officers Law § 89 'in. which such person has substantially prevailed and the mutt finds tM the agency had no reasonable basis for denying access' (Public Officers Law § 89 [4).te1(iijok see Matter ofMaXerney v Carr el Cent, Sok Dist., 204 AD3d at 1013).' 221 AW d at 1011. Therefore, upon direcdng Respondents to produce the records requested by Petitioner, the Court must direct that Respondents pay reasonable attorneys'' fm and costs to Petitioner in an amount to be deteniiined by the Co t? .QQN--QLU—SJQN- Ba8od upon the foregoing, it is respectfUlly requostcd thal� a) the petition ba I . granted in its entirety, b.) Re8pnndent8 be directed to pro twee to Petitioner the records requested by Petitioner in his FOIL taquestg.m. coiv by Respondents on October 14, 2025 and designated by Respon.6ants as FOIL Serial Nizuben 2025-330,2025-333 and 2025-334 whiell are sub pitted as pan of Wbit A to the Petition; o.) Petitioner be awarded aftrnM' fees and costs pursuant to Public. Officers Law § 89 (4)(c)(H), and d.) Petitioner be granted wob other and further relief m tho Cont deems just and proper. If the Court dam -mines that attorneys' feet,, shoWd be awarded, Pefiijoaefs counsel will submit evidence as to tho amount of attorneys' hes at such time and ill such foul as directed by the Court, 10 14 of 1,3 INDEX NO. 202E-50901 RECEIVED NYSC.EF: 02i19/2026 Bated. White Plains, Now York pbruary 19, 2026 f " Bruce Minkoff, Esq, ROMONVITZ CONT -AN OUB OW & DOBERTY LLP .Attomeys for Petitioncr Edwin Rodnpez 199 Main n tre t- Fifth Floor White P1,9im, New York 1.0601 (914) 949-2826 mi of @rcdilp�co W 16 M: DUTC 1NDEX No, 2026-50501 NYSCIEF Dec, No, 5 RECFTVFD NYSCEF. 02/19/2026 CERTIFICATION 1, Biuce Minkoff, attonney for Petitioner Edwin Rodri guez, do hereby certify pursuant, to 22 NYCRR 202, S (o) as follows: The within Memoraaftio of Law wes generated an a computer. The word Processing system is WordPerfect MO. The word count, oxofuding the caption, table of ntents, table of authorities, and signature block, is Two Thousand EightHundred Seventoen (2,817) words. The waiA count comp] ies with tile woW count limit set forth in 22 NYC RR 202, S -b. hi:urflng Compliance with 22 NYCRR X!2.8,1,.1 have relied on the word Munt of t1le word-pracessing systeir u8ed to prepaTe die doom neat. Dated: Februaq 19, 2026 r.A EE B, CE MTNKOFF I C' of. 1 C) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS .. ................... ......... X In the Mater of the ApIlGatiori of EDWIN P RODRIGUEZ, Plainfiff/Petitioner, - against - Index No, 2026/50901 TOWN OF WAPPINGER end BARBARA ROBERTI, in her capacity as Director of Strategic; Planning etc. Deferid ant/Responderit, .................. ---..-X NOTICE OF ELECTRONIC FILING (Mandatory Case) (UnlifWrn Rule § 2D ..bb) You have received this Notice becauso, 1) The Pfaintiff/Petitioner, whose narne is listed above, has filed this case using the New York State Courts E -filing system ("INYSCEF"),sand 2) You are a Defendant/Respondent (a lady) in this case. * If vou are re n�qd &[W6_Js_N,otice to your attorney. (At.tqEnp .....yg: see "Information for Attorneys" pg. 2). 9 du are tL i� or en tedhy q, gs an attorne You will be served with all documents in paper and you must serve: and file your documents in paper, unless you choose to: participate In e -filing. If you choose to partlelpate in a -filing, you must have access to a computer and a scanner or other device to convert documents into olectronle format, a connectfon to the internet, and an e-mail address to receive service of documents. : The benefits of participating in e-filingiInclude, o serving and filing your documents electronically o free access to view and print your e -filed: documents * limiting your number of trips to the courthouse o paying any court fees on-line (credit card needed) To register for e -filing or for more information about how e -filing works: & visit-, WWWpouE __,0_y or o contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.gypourts,gov Page 1 of 2 6/6/18 EFM-1 To find legal 'information to help you represent yourself visit www..nvco:urthelp.9;ov Information for Attorneys (E -filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within tho e -filed matter on the NYSCEF site wvvwnycour_ts.qoy1efi1q, or 2) fife the Notice of Opt -Out form with the clerk of the court where this action is ::pending and serve on all parties. Exemptions from mandatory e -filing are limited to attorneys who certify ingood faith that they lack the computer hardware and./or scanner and/or internat connection orthat they lack (along with all employees subject to: their direction) the knowledge to operate such equipment, [Section 2(12,5-bb(e)] For additional information about electronic filing and to create a NY; FF account, visit the NY SEF website at wwwnvcourts, Qov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033: e-mail: bated. Februeq, 20, 2026 9wce Minkoff 199 Main Street, Fifth Floor Name Robinowltz Cohlan Dubow & Doherty LLP Firm Name To.. Town of Wappinger Barbara Roberti Address White Plains, NY 10601 914 949-2826, ext. 203 Phone rnnkoff@.RCDLLP.com -M _161 F_ Index # Page 2 of 2 6/6/18 EFM-1 Index No. 2026-50901 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS In the Matter of the Application of EDWIN RODRIGUEZ, Petitioner, For a Judgment Pursuant to Ml .Article 78, -against- TOWN OF WAPPINGER and BARBARA ROBERTI, in her capacity as Director of Strategic Plaining & Municipal Codes of the Town of Wappinger, Respondents. NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule 202,6 -bb): ROBINOWITZ Ci~ HLAN DUBOW & DOHERTY LLP Attorneys for Petitioner Edwin Rodriguez 199 Main Street, Suite 500 White Plains, New York 10601 (914) 949-2826 FILED: DUTCHESS COUNTY C 0; ' INDEX NO. 2025 NYSCLS' DO, NO, Ca NYSC)wl:. 02/19/2026 REQUEST FOR JUDICIAL INTERVENTION '° (rev, azrasr'a�d�l s 4, Supreme COURT, COUNT` OF Dutchess Index ft,r .::......:Gr....... .." ' ........._ ............................... I�at lnrl x issued ...4r _ ; .: for Couttlumollly. _ .Y �. K iON Fntalr tfie roti ptote cme� captlon {)a stmt ugLL et ai br et ann if more spsce i5 fmded, attach � carpti t rider sheet INS �mtry Crate _ ._. _..............._:... r ...,«.w._ . ,. Edwin Rodriguez ANSI Town of Wappinger, Barbara Roberti in her capacity as Director of Strategic pfanning & Municipal Cbdes of tK . Town .... ...m of Wappinger 1111 Piled Date Check only one u�tj asasEness rnd:ty (inckttsiesea:rpartt:klovs, �artnerstsxps, LWs, LLPs, e8s.) i...1 ccq.tw.t ,] frtsurimos (WhEere Insulw%ce r.onipdny li a: p'a;ty, exceptfwbltrntlwnl UCC ('lodudes sales Lind ;moctlobl, Instrumentsl 01;hee fsA'ecity)z ............ _........ Mr4iFt ForCommtarciti O:W.. iCrr purgobntto 2? MYC'RA 202.3ra(d), turrpfete and ati6ch ¢Pres COMMERCIAL DIVISIOR 1$/! APPEhl83M I'UCS-840CY, 4,..d A9bL6L95- C �nvlrtsnm�nt'al{,�rprsciryj, ..: � hlad[cai, bs.rara1 a< I'arf<azrlr:'Malprac€fce MCCb1' Vt?t�ir;l� FrAGuets Lir.,Wlky (spec;fy). __....... Pieyligwiinl rspvdey), .. (rI �Ctser r�raf�5;ioraf Mitt aracli€r. {sperriy� Otter 'tort (spedfyJ........................................ ...... ..... .... ._... SPECIAL PRCJMi;ilUGS G'Edid #'arenk St'torfifY ActfspeWA7, i] ASsW40 RePWJu010o L: SzHY qw� y Aywr r unit. MR Arciclt 75 , ArLlLrufluu Imm VOTE Ir, �E)r4M1�ftCfAt sn i1an1 x[ t:PLR AitICIP. 8 - I'rorudng igalost a Body or offlur EloWon i-aw :D Wrem R[sk,�rqrection Order n NiMArtie€e IMO, kendia'sLow rARLArtfiEr,.1A,.5exOffender cmMt ewert.Iraft€al Rewiea4 RM, Artkia&'1i lattl�ahbhkl5l 0 Other Menta: iiyglene (,speclry): { Other Specl` [Proce€ding ( PCrPVJ _. �'�"if1'Irt3 +ti�'�ItC'¥`��C� t'1C� F+AC1ICl;�tiihilCri txrstau�sr�E� nr �n'fnrsak,Pry ni H?r, a AwtT mns and complWnt or +.t mlRh€s:n- 4' U r'd,Vc, e beer'. fl er.j? Has a Surny mora acrd cumpla:tnt or summons wilts ratice h:?en serwed7 5 ails ac'(lttil prwredmq taei€ter 111md past-judgfw)17 Q l`vn€ESL�rtt N.Orfi: If there "Ito chli'drwi undor" the IqL of 28, Cairo}plate and warh tdsfi d+7Av#t!} OARAL iVI.Addendum (i AC$440M). f•'0: flrcnnl°es rltrlalrintnYrW aeIVPS, 050 MC' btl"Onteoted DiYa c:sR)f fuji43J. (i�A(. & ii5P � PY Specify Ir va mar y prop��tir, s tlrr El rondumn;atlar Cj Martgage I'veelc:snre {Fpeclfy): 0 Re$ld,e 1Bial Com,mercim PtopoAyAddvcw ,,t ___ ..._...._.._..........:... :......,._...,........ m__ MOTE., For hfFyrtqagc Farce{osurr artisans invoPwnq.o arse to 1rurY€RntVty, owner. ocrUpied *-W6Fj1daj pmpvty dr Z�vrattar-occupied cenduminiurr,..camp,"e•tr and atisch firs POPECA OSVRE All AtPt7fmDum tuCS,84tar}, (J P1rtdlorn MOM CampVLI noLf AtWh th& FAR7Y OM Rff ADOWWOUM! (UC..5-840P). [' 'pax CxrriorarV fuRuciiY)r sectfon- 4idack: Lot: ( Tog Fore0osjie Offier Remi Property (5pecify): U Certificate Of Inccepvrtyitoiytatssp.l t3ra (see hm*. ' In[;�7M EEtCiAI se¢tlo ErS e•'gErs y F%Oica€ Tnjat^.n�nt � Ha}aenotSfnarfus �.� l:ara€Cpur�AplR�af MRd)zxrle'a Lea Name thmngei5ex Onslgnanbu Charge Ksk+at Pnrnyit Mvocatlnft Hearing Sale yr Pirmrrce ryf Felfg E:u&1' !vi-iLrr-t r xi€t Pr tpel Y aa:hhr (Sis�rifyJ" YES :No It yas, date glad If Yes, date served: ............. ® It yes, ju rgmam date" .......... ,............... enter ad3pthtorial3nffvrrnition yv ,Zre In(flcat4d. 0 Irf� is Cnmpromhe rrZ] Vxt€z me Assn Notcrtla',n Ordex ApplirOF -n NoI.e or 1tisEJFe;fC,Ffi'.I:fiC:dtO Ai' litaaill7rB�s. hati4< Pf t�{erf.icdl, Dental or i'od€utric, Matpm&ce Mtg'. Noticeof mativrr Heilef Regvtsted', Plotica of knctlon Rellef Rvquerfcd: firilcle 7g {Bcrdp,nr 3tRicc r} i7rderto shrrw t soca Relief Acque:ated: ..,. WhLr Ex I'dt9:oApp€i pilon RdMjatFugve5ted: 0 p�rffeinn Settitsmant. Cttnferertce _-.._-_..._..._ ��€ic�ve�tPnr3�r�a1@rainaryCunJ'ererca; t4esid ry:eial Murtgage Fwedosuia Ser,ilement Can#erenea Wauver or Ctaclrt Costs, reps and Gx)rerses mit of H b® ..as c<orputs Qkher (spaeilp3: - - ................. . ....... .. .,..........,...-...... ktufn Date: ............. Worn Worn mate; {I3{r�d�p?r1 Mum Dmo: FILED: D y � _ � �. 2� 0 � INDEX N14> 2026—�fa��� Nyscll:F Doc. INQ. 6 :" „w....._........ ..............................I�a'LE3canrl�td .................... irtsans. fk�rMatrirnoniat.�ase !!st any related crrinina€ or FarnRy Court crasmz, it none, leave blank ; AdtlofidsamItM $40kb Case 'Title latjeXICOSO ""unbar i Court Judge (if assigned) Itelakrgn9b1p to Intytant cure ..... i I Fflr paetszs +rrithaut an attarneY. cttec4 the "M -116W4.9 p4.9 and enter fire pa tl+ � adi�re5s, phone number and esreail In the provided Ifdd1l4PkA!_SJG%""� rG{I4�Fi�CPr Cprri[?l��f'R at> ai„kl3Pw$ $@rldlidrii (It Cry... ilAi o ....: Elis- Pa e,s Attanqeys and Unrelsresented U159ant6; i Ewsuo Jalnecl „ _ fasurante,C-Arriam Rep List peaks ifq aama order &S listed in: tine For represar-W pardas, pa'oode atwney`s'u"mc� , firm mnae, oodr�ss, phare For each deferada:at, j Fpr ('a#h daf�2adtatt.. <aption and Indtcote rotes fL�•q•, plaintiff, and (mall. For urartapresent'ed paAiv—,, pwvWe party:, �iddevH1'5, phone end 1 jjn4katc, If isai,re hn; < rndicate MSL1ri)4)Ce d fenc{art , 3"9 parts` plaintiff, etc,} empif, I he:ersioined, sirrier, if appiicable. © Name; Rodriguez, Edwin BRUCE MINKOFF, ROBINOW77- COHLAN & I71.lBOW, 199 MAIN ST, WHITE PMN`S, NY 16641., (914) 949-2826 0- YE 5: 0 No Rnle(s): P%ko tlfflPetltloner rninkofferccllip,com ............................................. _ ........................ Ni sD a, Tt}4Yn of Wappinger 20 Mcilebush Road, Wappfngers Falb, NY 12590, 845 2474�I15 M YES €0 € o ( Role(s); Def endant/Respoyident ------------ Narne: Roberti, Bartramw 2d t�diddiebush Road, V+lappingers Falls, NY 12.�90, 845 lic le(s); L�efendantiRcspars�lerlt psi -1 73 Q YES i� No I €................... ......... ... ,..... ,............... ,................ ..... ........ ........................ ....................... ._...._._...._........_._._._._............................. ....................................................... ,. ...... Name; ..... E I C -A YES. 0 NO Roi�{�3 .. .. . .............. --—.._..._........_._---------- u._ __ ..._.. Name El Rel+~{tsp, U YE,. C° NO ..........................................................>._...._......................... Name; I L; YES U NO ...... ........_................ ...... ..,............. ....,._,.w_ ----------------- - Name, Iia le(s.). Lel YES n NO k .......................... ......................... ............. ..: � Nfarr�e� Rola(sy. n YES ri NO ..... _ .................. ...._......... ................ ....., Name: n YES Ll NO E Namen El RDIe{si. D YESC7 NO I 1 AFFIRM UNDER THE PENALTY OF PERJURY THAT, UPON fTVFCiRM;fA°T"ION AND BELIEF, THERE ARE NO OTHER PELAM ACTIONS OR PROCEEDINGS, EXCEPT AS NOTED ABOVE, NOR IH AS A REQUEST FOR �IJDIGIAL INTERVENTION BEEN PREVIOUSLY FILED IN THIS ACTION OR PI OGEE MGI Date& OD 1912026 BRUCE [t1fNKOFF 1874759 BRUCE- MINKOFF .................................................................,............................................................ ..._...,., ,„,............ ,............................. ...,..................... Attorney R(�gi�traftn Number Print Name 717;5 ,fwrrf sari raenerated �Y NYSCEF 2 of 2 Index No. 2026-50901 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS In the Matter of the Application of Petitioner, For a Judgment Pursuant to CPLR Article 78, -against- TOWN OF WAPPINGER and BARBARA ROBERT[, in her capacity as Director of Strategic Plaining & Municipal Codes of the down of Wappinger, Respondents. REQUEST FOR JUDICIAL INTERVENTION ROBINOWITZ COHLAN DU OW & DOHERTY LL_' Attorneys for Petitioner Edwin Rodriguez 199 Main Street, Suite 500 White Plains, New York 10601 (914) 949-2826