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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ORANGE

NINTH JUDICIAL DISTRICT ENVIRONMENTAL CLAIMS PART

VILLAGE OF SOUTH BLOOMING GROVE et al.,

Petitioners,

Index No. 7410/2015


Proceeding No. 1

For a Judgment Pursuant to Article 78 of the Civil

Practice Law and Rules


- against VILLAGE OF KIRYAS JOEL BOARD OF TRUSTEES et al.,

Hon. Francesca E. Connolly

Respondents,
EMANUEL LEONOROVITZ et al.,

Additional Respondents.

PRESERVE HUDSON VALLEY et al.,

Petitioners/Plaintiffs,

Index No.: 8118/2015


Proceeding No, 2

- against -

TOWN BOARD OF THE TOWN OF MONROE et al.,

Respondents/Defendants.

VERIFIED ANSWER TO AMENDED VERIFIED PETITION AND


COMPLAINT OF PETITIONERS/PLAINTIFFS IN PROCEEDING NO. 2

Respondents-Defendants Village Board of the Village of Kiryas Joel and the Village of
Kiryas Joel (collectively the "Village" or "Kiryas Joel"), by and through their attorneys,
Whiteman Osterman & Hanna LLP, respectfully submit the foregoing Verified Answer to the

Amended Verified Petition and Complaint filed by Petitioners-Plaintiffs Preserve Hudson Valley
et al. in Proceeding No. 2 (the "PHV Petition"):

1.

With respect to the allegations set forth in Paragraph 1 of the PHV Petition,

including subparagraphs (i) through (vii) thereof, the Village admits that Petitioners seek the
relief specified therein, but denies that Petitioners are entitled thereto.
2.

With respect to the allegations set forth in Paragraph 2 of the PHV Petition, the

Village states that such allegations set forth conclusions of law for which no responsive pleading
is required.
3.

The Village admits the allegations set forth in Paragraph 3 of the PHV Petition,

except lacks knowledge or information sufficient to form a belief as to the identity of the "Town
Council" and denies that the Village sought annexation of any territory that is the subject of the
164-acre annexation petition.
4.

With respect to the allegations set forth in Paragraph 4 of the PHV Petition, the

Village states that such allegations set forth conclusions of law for which no responsive pleading
is required, but to the extent an answer is made, the Village denies Petitioners' characterization

thereof and further states as follows:


a.

The allegations entitled "Violation of the Establishment Clause" set forth


conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or

regulations referenced therein for determination of their content, meaning and


effect, and denies Petitioners' characterizations thereof.
b.

The allegations entitled "Arbitrary Designation of Village Board as Lead


Agency" set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to

the statutes and/or regulations referenced therein for determination of their


content, meaning and effect, and denies Petitioners' characterizations thereof.
c.

The allegations entitled "Arbitrary and Capricious SEQRA Determination By

Town Board" set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to
the statutes and/or regulations referenced therein for determination of their
content, meaning and effect, and denies Petitioners' characterizations thereof.
d.

The allegations entitled "Arbitrary and Capricious Determination By Village


Board" set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to
the statutes and/or regulations referenced therein for determination of their
content, meaning and effect, and denies Petitioners' characterizations thereof.

e.

The allegations entitled "Improper Use of Annexation to Up-Zone" set forth

conclusions of law for which no responsive pleading is required, but to the


extent an answer is made, the Village denies the allegations.
f.

The allegations entitled "Improper Creation of 'Baroque' Boundaries" set


forth conclusions of law for which no responsive pleading is required, but to
the extent an answer is made, the Village refers the Court to the statutes
and/or regulations referenced therein for determination of their content,
meaning and effect, and denies Petitioners' characterizations thereof.

g.

The

allegations

entitled

"Violation

of Town

Ethics

Code"

set

forth

conclusions of law for which no responsive pleading is required, but to the

extent an answer is made, the Village lacks knowledge or information

sufficient to form a belief as to the truth of the allegations set forth.


h.

The allegations entitled "Insufficient Signatures and Territorial Description"


set forth conclusions of law for which no responsive pleading is required, but
to the extent an answer is made, the Village refers the Court to the statutes
and/or regulations referenced therein for determination of their content,
meaning and effect, and denies Petitioners' characterizations thereof.
The allegations entitled "Violation of Prior Jurisdiction Rule" set forth

conclusions of law for which no responsive pleading is required, but to the


extent any answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and
effect, and denies Petitioners' characterizations thereof.
5.

The Village denies the allegations set forth in Paragraph 5 of the PHV Petition.

6.

With respect to the allegations in Paragraph 6 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations set
forth.
7.

The Village denies the allegations in Paragraph 7 of the PHV Petition.

8.

The Village denies the allegations in Paragraph 8 of the PHV Petition.

9.

The Village denies the allegations in Paragraph 9 of the PHV Petition.

10.

With respect to the allegations in Paragraph 10 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent and answer is made, the Village refers the Court to the statutes and/or

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
11.

With respect to the allegations in Paragraph 1 1 of the PHY Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations set
forth.

12.

With respect to the allegations in Paragraph 12 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations set
forth.

13.

The Village denies the allegations in Paragraph 13 of the PHV Petition.

14.

The Village denies the allegations in Paragraph 14 of the PHV Petition.

15.

With respect to the allegations in Paragraph 15 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations that
Petitioner Allegro has a daughter, and otherwise denies the allegations in Paragraph 15.
16.

With respect to the allegations in Paragraph 16 of the PHV Petition, the Village

the Village lacks knowledge or information sufficient to form a belief as to the truth of the
allegations set forth.

17.

With respect to the allegations in Paragraph 17 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations that
Petitioner Convers "is in" Orange County Sewer District #1, and otherwise denies the allegations
set forth in Paragraph 17.
18.

With respect to the allegations in Paragraph 18 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations that

Petitioner Convers has two sons who attend MWCSD public schools, and otherwise denies the
allegations in Paragraph 18.

19.

With respect to the allegations in Paragraph 19 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.

20.

With respect to the allegations in Paragraph 20 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.
21 .

The Village denies the allegations in Paragraph 21 of the PHV Petition.

22.

With respect to the allegations in Paragraph 22 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.

23.

With respect to the allegations in Paragraph 23 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.
24.

With respect to the allegations in Paragraph 24 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.
25.

The Village admits the allegations in Paragraph 25 of the PHV Petition.

26.

With respect to the allegations in Paragraph 26 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.

27.

With respect to the allegations in Paragraph 27 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.
28.

With respect to the allegations in Paragraph 28 of the PHV Petition, the Village

admits that the DEC Commissioner designated the Village as lead agency for the 507-acre
annexation petition.

29.

With respect to the allegations in Paragraph 29 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.

30.

With respect to the allegations set forth in Paragraph 30 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


31.

With respect to the allegations set forth in Paragraph 3 1 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


32.

With respect to the allegations set forth in Paragraph 32 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


33.

With respect to the allegations set forth in Paragraph 33 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


34.

With respect to the allegations set forth in Paragraph 34 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
35.

With respect to the allegations set forth in Paragraph 35 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
36.

With respect to the allegations set forth in Paragraph 36 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

37.

With respect to the allegations set forth in Paragraph 37 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
38.

With respect to the allegations set forth in Paragraph 38 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
39.

With respect to the allegations set forth in Paragraph 39 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
40.

With respect to the allegations set forth in Paragraph 40 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

41.

With respect to the allegations set forth in Paragraph 41 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
42.

With respect to the allegations set forth in Paragraph 42 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
43.

With respect to the allegations set forth in Paragraph 43 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
44.

With respect to the allegations set forth in Paragraph 44 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
45.

With respect to the allegations set forth in Paragraph 45 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
46.

With respect to the allegations set forth in Paragraph 46 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
47.

With respect to the allegations set forth in Paragraph 47 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
48.

With respect to the allegations set forth in Paragraph 48 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


49.

With respect to the allegations set forth in Paragraph 49 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
50.

With respect to the allegations set forth in Paragraph 50 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
51.

With respect to the allegations set forth in Paragraph 51 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

10

52.

With respect to the allegations set forth in Paragraph 52 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
53.

With respect to the allegations set forth in Paragraph 53 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
54.

With respect to the allegations set forth in Paragraph 54 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
55.

With respect to the allegations set forth in Paragraph 55 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
56.

With respect to the allegations set forth in Paragraph 56 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

57.

With respect to the allegations set forth in Paragraph 57 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

11

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

58.

With respect to the allegations set forth in Paragraph 58 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

59.

With respect to the allegations set forth in Paragraph 59 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

60.

With respect to the allegations set forth in Paragraph 60 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

61.

With respect to the allegations set forth in Paragraph 61 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

62.

With respect to the allegations set forth in Paragraph 62 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

63.

With respect to the allegations set forth in Paragraph 63 of the PHV Petition, the

12

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

64.

With respect to the allegations set forth in Paragraph 64 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
65.

With respect to the allegations set forth in Paragraph 65 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
66.

With respect to the allegations set forth in Paragraph 66 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
67.

With respect to the allegations set forth in Paragraph 67 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
68.

With respect to the allegations set forth in Paragraph 68 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

13

69.

With respect to the allegations set forth in Paragraph 69 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
70.

With respect to the allegations set forth in Paragraph 70 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

71.

With respect to the allegations set forth in Paragraph 71 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


72.

With respect to the allegations set forth in Paragraph 72 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
73.

With respect to the allegations set forth in Paragraph 73 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
74.

With respect to the allegations set forth in Paragraph 74 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

14

to the truth of the allegations.


75.

With respect to the allegations set forth in Paragraph 75 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
76.

With respect to the allegations set forth in Paragraph 76 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
77.

With respect to the allegations set forth in Paragraph 77 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
78.

With respect to the allegations set forth in Paragraph 78 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


79.

With respect to the allegations set forth in Paragraph 79 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
80.

With respect to the allegations set forth in Paragraph 80 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

15

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

81.

With respect to the allegations set forth in Paragraph 81 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
82.

With respect to the allegations set forth in Paragraph 82 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

83.

With respect to the allegations set forth in Paragraph 83 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


84.

With respect to the allegations set forth in Paragraph 84 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


85.

With respect to the allegations set forth in Paragraph 85 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


86.

With respect to the allegations set forth in Paragraph 86 of the PHV Petition, the

16

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


87.

With respect to the allegations set forth in Paragraph 87 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
88.

With respect to the allegations set forth in Paragraph 88 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
89.

With respect to the allegations set forth in Paragraph 89 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


90.

With respect to the allegations set forth in Paragraph 90 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
91.

With respect to the allegations set forth in Paragraph 91 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

17

92.

With respect to the allegations set forth in Paragraph 92 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


93.

With respect to the allegations set forth in Paragraph 93 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

94.

With respect to the allegations set forth in Paragraph 94 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
95.

With respect to the allegations set forth in Paragraph 95 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


96.

With respect to the allegations set forth in Paragraph 96 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
97.

With respect to the allegations set forth in Paragraph 97 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

18

to the truth of the allegations.


98.

With respect to the allegations set forth in Paragraph 98 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
99.

With respect to the allegations set forth in Paragraph 99 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
100.

With respect to the allegations set forth in Paragraph 100 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


101.

With respect to the allegations set forth in Paragraph 101 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
102.

With respect to the allegations set forth in Paragraph 102 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


103.

With respect to the allegations set forth in Paragraph 103 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

19

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
104.

With respect to the allegations set forth in Paragraph 104 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
105.

With respect to the allegations set forth in Paragraph 105 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


106.

With respect to the allegations set forth in Paragraph 106 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


107.

With respect to the allegations set forth in Paragraph 107 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


108.

With respect to the allegations set forth in Paragraph 108 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


109.

With respect to the allegations set forth in Paragraph 109 of the PHV Petition, the

20

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

110.

With respect to the allegations set forth in Paragraph 1 10 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


111.

With respect to the allegations set forth in Paragraph 1 1 1 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

1 12.

With respect to the allegations set forth in Paragraph 1 12 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

113.

With respect to the allegations set forth in Paragraph 1 13 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
1 14.

With respect to the allegations set forth in Paragraph 1 14 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

21

115.

With respect to the allegations set forth in Paragraph 1 15 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
116.

With respect to the allegations set forth in Paragraph 1 16 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
117.

With respect to the allegations set forth in Paragraph 1 17 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
118.

With respect to the allegations set forth in Paragraph 1 1 8 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

119.

With respect to the allegations set forth in Paragraph 1 19 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
120.

With respect to the allegations set forth in Paragraph 120 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

22

to the truth of the allegations.


121.

With respect to the allegations set forth in Paragraph 121 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


122.

With respect to the allegations set forth in Paragraph 122 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


123.

With respect to the allegations set forth in Paragraph 123 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


124.

With respect to the allegations set forth in Paragraph 124 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


125.

With respect to the allegations set forth in Paragraph 125 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


126.

With respect to the allegations set forth in Paragraph 126 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

23

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
127.

With respect to the allegations set forth in Paragraph 127 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
128.

With respect to the allegations set forth in Paragraph 128 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
129.

With respect to the allegations set forth in Paragraph 129 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
130.

With respect to the allegations set forth in Paragraph 130 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
131.

With respect to the allegations set forth in Paragraph 1 3 1 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.


132.

With respect to the allegations set forth in Paragraph 132 of the PHV Petition, the

24

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

133.

With respect to the allegations set forth in Paragraph 133 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
134.

With respect to the allegations set forth in Paragraph 134 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
135.

With respect to the allegations set forth in Paragraph 135 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
'

136.

With respect to the allegations set forth in Paragraph 136 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

137.

With respect to the allegations set forth in Paragraph 137 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations.

25

138.

With respect to the allegations set forth in Paragraph 138 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

139.

With respect to the allegations set forth in Paragraph 139 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.

140.

With respect to the allegations set forth in Paragraph 140 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
141 .

With respect to the allegations set forth in Paragraph 141 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations.
142.

The allegations in Paragraph 142 of the PHV Petition set forth conclusions of law

for which no responsive pleading is required, but to the extent an answer is made, the Village
refers the Court to the statutes and/or regulations referenced therein for determination of their
content, meaning and effect, and denies Petitioners' characterizations thereof.

143.

The allegations in Paragraph 143 of the PHV Petition set forth conclusions of law

for which no responsive pleading is required, but to the extent an answer is made, the Village
refers the Court to the statutes and/or regulations referenced therein for determination of their

26

content, meaning and effect, and denies Petitioners' characterizations thereof.


144.

The Village denies the allegations set forth in Paragraph 144 of the PHY Petition.

145.

The Village denies the allegations set forth in Paragraph 145 of the PHV Petition.

146.

With respect to the allegations in Paragraph 146 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.

147.

With respect to the allegations in Paragraph 147 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.
148.

With respect to the allegations in Paragraph 148 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.

149.

The Village denies the allegations set forth in Paragraph 149 of the PHV Petition.

150.

With respect to the allegations in Paragraph 150 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.
151.

With respect to the allegations in Paragraph 151 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.
152.

With respect to the allegations in Paragraph 152 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.

153.

With respect to the allegations in Paragraph 153 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations.
154.

The Village denies the allegations set forth in Paragraph 154 of the PHV Petition.

155.

The Village denies the allegations set forth in Paragraph 155 of the PHV Petition.

156.

With respect to the allegations set forth in Paragraph 156 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

27

1 57.

With respect to the allegations set forth in Paragraph 1 57 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
158.

The Village denies the allegations set forth in Paragraph 158 of the PHV Petition.

159.

The Village denies the allegations set forth in Paragraph 1 59 of the PHV Petition.

160.

The Village denies the allegations set forth in Paragraph 160 of the PHV Petition.

161.

With respect to the allegations set forth in Paragraph 161 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.


162.

The Village denies the allegations set forth in Paragraph 162 of the PHV Petition.

163.

The Village denies the allegations set forth in Paragraph 163 of the PHV Petition.

164.

The Village denies the allegations set forth in Paragraph 164 of the PHV Petition.

1 65.

The Village denies the allegations set forth in Paragraph 1 65 of the PHV Petition.

166.

The Village denies the allegations set forth in Paragraph 166 of the PHV Petition.

167.

The Village denies the allegations set forth in Paragraph 167 of the PHV Petition.

168.

With respect to the allegations set forth in Paragraph 168 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
1 69.

The Village denies the allegations set forth in Paragraph 1 69 of the PHV Petition.

170.

With respect to the allegations set forth in Paragraph 170 of the PHV Petition, the

Village admits that the Monroe-Woodbury Central School District submitted comments on the
507 Petition, but denies their validity and any allegations made therein.
171 .

The Village denies the allegations set forth in Paragraph 171 of the PHV Petition.

28

172.

The Village denies the allegations set forth in Paragraph 172 of the PHY Petition.

173.

With respect to the allegations set forth in Paragraph 173 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect.
174.

The Village denies the allegations set forth in Paragraph 174 of the PHV Petition.

175.

The Village denies the allegations set forth in Paragraph 175 of the PHV Petition.

176.

The Village denies the allegations set forth in Paragraph 176 of the PHV Petition.

177.

The Village denies the allegations set forth in Paragraph 177 of the PHV Petition.

178.

The Village denies the allegations set forth in Paragraph 178 of the PHV Petition.

179.

The Village denies the allegations set forth in Paragraph 179 of the PHV Petition.

180.

The Village admits the allegations set forth in Paragraph 1 80 of the PHV Petition.

181.

The Village admits the allegations set forth in Paragraph 1 8 1 of the PHV Petition.

1 82.

The Village admits the allegations set forth in Paragraph 1 82 of the PHV Petition.

1 83.

The Village denies the allegations set forth in Paragraph 1 83 of the PHV Petition.

1 84.

The Village denies the allegations set forth in Paragraph 1 84 of the PHV Petition.

1 85.

The Village denies the allegations set forth in Paragraph 185 of the PHV Petition.

1 86.

The Village denies the allegations set forth in Paragraph 1 86 of the PHV Petition.

1 87.

The Village denies the allegations set forth in Paragraph 1 87 of the PHV Petition.

1 88.

With respect to the allegations set forth in Paragraph 1 88 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

29

1 89.

With respect to the allegations set forth in Paragraph 1 61 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
190.

The Village denies the allegations set forth in Paragraph 190 of the PHV Petition.

191 .

The Village denies the allegations set forth in Paragraph 191 of the PHV Petition.

192.

The Village denies the allegations set forth in Paragraph 192 of the PHV Petition.

193.

With respect to the allegations set forth in Paragraph 193 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
194.

The Village denies the allegations set forth in Paragraph 194 of the PHV Petition.

195.

The Village denies the allegations set forth in Paragraph 195 of the PHV Petition.

196.

The Village denies the allegations set forth in Paragraph 196 of the PHV Petition.

197.

With respect to the allegations set forth in Paragraph 193 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

198.

The Village denies the allegations set forth in Paragraph 198 of the PHV Petition.

199.

The Village denies the allegations set forth in Paragraph 199 of the PHV Petition.

200.

The Village admits the allegations set forth in Paragraph 200 of the PHV Petition.

201 .

The Village admits the allegations set forth in Paragraph 201 of the PHV Petition.

202.

With respect to the allegations set forth in Paragraph 202 of the PHV Petition, the

Village admits that the 164 Petition was filed, but lacks knowledge or information sufficient to
form a belief as to the truth of the allegations as to the intent of the 1 64 Petition.

203.

The Village denies the allegations set forth in Paragraph 203 of the PHV Petition.

30

204.

The Village denies the allegations set forth in Paragraph 204 of the PHV Petition.

205.

The Village denies the allegations set forth in Paragraph 205 of the PHV Petition.

206.

The Village denies the allegations set forth in Paragraph 206 of the PHV Petition.

207.

With respect to the allegations set forth in Paragraph 207 of the PHV Petition, the

Village admits that the MWCSD submitted comments on the 164 Petition, but denies their
validity.

208.

The Village denies the allegations set forth in Paragraph 208 of the PHV Petition.

209.

The Village denies the allegations set forth in Paragraph 209 of the PHV Petition.

210.

With respect to the allegations set forth in Paragraph 210 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
211.

The Village denies the allegations set forth in Paragraph 2 1 1 of the PHV Petition.

212.

The Village denies the allegations set forth in Paragraph 212 of the PHV Petition.

213.

The Village denies the allegations set forth in Paragraph 213 of the PHV Petition.

214.

The Village denies the allegations set forth in Paragraph 214 of the PHV Petition.

215.

With respect to the allegations set forth in Paragraph 215 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations related to the content of the 2014 Final Town Assessment Roll.
216.

With respect to the allegations set forth in Paragraph 216 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.

31

217.

With respect to the allegations set forth in Paragraph 217 of the PHY Petition, the

Village admits that Bakertown Realty Equities and the Jacob Bandua Trust do not appear to own

SBL 1-3-1.3, but denies that their names and signatures should be stricken from the 164 Petition.
218.

The Village admits the allegations set forth in Paragraph 218 of the PHV Petition.

219.

The Village admits the allegations set forth in Paragraph 219 of the PHV Petition.

220.

The Village denies the allegations set forth in Paragraph 220 of the PHV Petition.

221 .

The Village denies the allegations set forth in Paragraph 221 of the PHV Petition.

222.

The Village denies the allegations set forth in Paragraph 222 of the PHV Petition.

223.

The Village denies the allegations set forth in Paragraph 223 of the PHV Petition.

224.

The Village denies the allegations set forth in Paragraph 224 of the PHV Petition.

225.

With respect to the allegations set forth in Paragraph 225 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
226.

With respect to the allegations set forth in Paragraph 226 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
227.

With respect to the allegations set forth in Paragraph 227 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
228.

With respect to the allegations set forth in Paragraph 228 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
229.

The Village denies the allegations set forth in Paragraph 229 of the PHV Petition.

32

230.

The Village denies the allegations set forth in Paragraph 230 of the PHY Petition.

23 1 .

The Village denies the allegations set forth in Paragraph 23 1 of the PHV Petition.

232.

The Village denies the allegations set forth in Paragraph 232 of the PHV Petition.

233.

The Village denies the allegations set forth in Paragraph 233 of the PHV Petition.

234.

With respect to the allegations set forth in Paragraph 234 of the PHV Petition, the

Village lacks knowledge or information sufficient to form a belief as to the truth of the
allegations related to a letter from United Monroe, and denies that the proposed annexation
would violate the Establishment Clause.
235.

With respect to the allegations in Paragraph 235 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
236.

With respect to the allegations in Paragraph 236 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

237.

With respect to the allegations in Paragraph 237 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

33

238.

With respect to the allegations in Paragraph 238 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies

Petitioners' characterizations thereof.


239.

With respect to the allegations in Paragraph 239 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
240.

With respect to the allegations in Paragraph 240 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies

Petitioners' characterizations thereof.


241.

With respect to the allegations in Paragraph 241 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
242.

With respect to the allegations in Paragraph 242 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

34

regulations referenced therein for determination of their content, meaning and effect, and denies

Petitioners' characterizations thereof.


243.

With respect to the allegations in Paragraph 243 of the PHY Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

Village

244.

The Village denies the allegations set forth in Paragraph 244 of the PHV Petition.

245.

The Village denies the allegations set forth in Paragraph 245 of the PHV Petition.

246.

The Village denies the allegations set forth in Paragraph 246 of the PHV Petition.

247.

With respect to the allegations set forth in Paragraph 247 of the PHV Petition, the

admits that PHV has

filed pending litigation

challenging

DEC's

lead

agency

determination.

248.

The Village denies the allegations set forth in Paragraph 248 of the PHV Petition.

249.

The Village denies the allegations set forth in Paragraph 249 of the PHV Petition.

250.

The Village denies the allegations set forth in Paragraph 250 of the PHV Petition.

25 1 .

The Village denies the allegations set forth in Paragraph 25 1 of the PHV Petition.

252.

The Village denies the allegations set forth in Paragraph 252 of the PHV Petition.

253.

With respect to the allegations set forth in Paragraph 253 of the PHV Petition, the

Village lacks knowledge or information sufficient to form a belief as to the truth of the
allegations.

35

254.

With respect to the allegations set forth in Paragraph 254 of the PHY Petition, the

Village lacks knowledge or information sufficient to form a belief as to the truth of the
allegations.
255.

The Village denies the allegations set forth in Paragraph 255 of the PHV Petition.

256.

With respect to the allegations set forth in Paragraph 256 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

257.

With respect to the allegations set forth in Paragraph 257 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
258.

With respect to the allegations set forth in Paragraph 258 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
259.

With respect to the allegations set forth in Paragraph 259 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
260.

The Village denies the allegations set forth in Paragraph 260 of the PHV Petition.

261 .

The Village denies the allegations set forth in Paragraph 261 of the PHV Petition.

262.

With respect to the allegations set forth in Paragraph 262 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

36

263.

With respect to the allegations set forth in Paragraph 263 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
264.

With respect to the allegations set forth in Paragraph 264 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.


265.

With respect to the allegations set forth in Paragraph 265 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
266.

With respect to the allegations set forth in Paragraph 266 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

267.

With respect to the allegations set forth in Paragraph 267 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.


268.

With respect to the allegations set forth in Paragraph 268 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
269.

With respect to the allegations set forth in Paragraph 269 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.

37

270.

With respect to the allegations set forth in Paragraph 270 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

271 .

With respect to the allegations set forth in Paragraph 271 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
272.

With respect to the allegations set forth in Paragraph 272 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
273.

With respect to the allegations set forth in Paragraph 273 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
274.

With respect to the allegations set forth in Paragraph 274 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
275.

With respect to the allegations set forth in Paragraph 275 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
276.

With respect to the allegations set forth in Paragraph 276 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

38

277.

With respect to the allegations set forth in Paragraph 277 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
278.

With respect to the allegations set forth in Paragraph 278 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

279.

With respect to the allegations set forth in Paragraph 279 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.


280.

With respect to the allegations set forth in Paragraph 280 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, denies Petitioners' characterization thereof, and admits that review was
adequate for the 164 Petition.
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION

281.

With respect to the allegations incorporated by reference in Paragraph 281 of the

PHV Petition, the Village refers to its responses to those allegations set forth above.
282.

The Village denies the allegations set forth in Paragraph 282 of the PHV Petition.

283.

The Village denies the allegations set forth in Paragraph 283 of the PHV Petition.

284.

The Village denies the allegations set forth in Paragraph 284 of the PHV Petition.

285.

The Village denies the allegations set forth in Paragraph 285 of the PHV Petition.

286.

The Village denies the allegations set forth in Paragraph 286 of the PHV Petition.

287.

The Village denies the allegations set forth in Paragraph 287 of the PHV Petition.

39

288.

With respect to the allegations set forth in Paragraph 288 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.


289.

The Village denies the allegations set forth in Paragraph 289 of the PHV Petition.

290.

With respect to the allegations set forth in Paragraph 290 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

291 .

The Village denies the allegations set forth in Paragraph 291 of the PHV Petition.

292.

The Village denies the allegations set forth in Paragraph 292 of the PHV Petition.

293 .

The Village denies the allegations set forth in Paragraph 293 of the PHV Petition.

AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION


294.

With respect to the allegations incorporated by reference in Paragraph 294 of the

PHV Petition, the Village refers to its responses to those allegations set forth above.

295.

With respect to the allegations in Paragraph 295 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect and denies
Petitioners' characterization thereof.
296.

With respect to the allegations in Paragraph 296 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

40

297.

The Village denies the allegations set forth in Paragraph 297 of the PHV Petition.
AS AND FOR AN ANSWER TO THE THTRD CAUSE OF ACTION

298.

With respect to the allegations incorporated by reference in Paragraph 298 of the

PHV Petition, the Village refers to its responses to those allegations set forth above.

299.

With respect to the allegations in Paragraph 299 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
300.

With respect to the allegations in Paragraph 300 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
301.

With respect to the allegations in Paragraph 301 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
302.

With respect to the allegations in Paragraph 302 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

41

regulations referenced therein for determination of their content, meaning and effect, and denies

Petitioners' characterizations thereof.


303.

With respect to the allegations set forth in Paragraph 303 of the PHY Petition, the

Village admits that the Petitioners have alleged violations of the Establishment Clause but denies
the validity of these allegations.
304.

The Village denies the allegations set forth in Paragraph 304 of the PHV Petition.

305.

The Village denies the allegations set forth in Paragraph 305 of the PHV Petition.

306.

The Village denies the allegations set forth in Paragraph 306 of the PHV Petition.

307.

The Village denies the allegations set forth in Paragraph 307 of the PHV Petition.

308.

The Village denies the allegations set forth in Paragraph 308 of the PHV Petition.

309.

With respect to the allegations in Paragraph 309 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
310.

The Village denies the allegations set forth in Paragraph 3 1 0 of the PHV Petition.

311.

With respect to the allegations set forth in Paragraph 3 1 1 of the PHV Petition, the

Village admits Petitioners have made this request, but denies their entitlement to it and denies
Petitioners' characterization thereof

312.

With respect to the allegations in Paragraph 312 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

42

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION
313.

With respect to the allegations incorporated by reference in the first sentence of

Paragraph 313 of the PHY Petition, the Village refers to its responses to those allegations set
forth above. With respect to the second sentence of allegations in Paragraph 313 of the PHV
Petition, the Village states that such allegations set forth conclusions of law for which no
responsive pleading is required, but to the extent an answer is made, the Village refers the Court
to the statutes and/or regulations referenced therein for determination of their content, meaning
and effect, and denies Petitioners' characterizations thereof.
314.

The Village denies the allegations set forth in Paragraph 3 14 of the PHV Petition.

315.

With respect to the allegations set forth in Paragraph 3 1 5 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
316.

The Village admits the allegations set forth in Paragraph 3 1 6 of the PHV Petition.

317.

The Village admits the allegations set forth in Paragraph 3 1 7 of the PHV Petition.

318.

With respect to the allegations in Paragraph 318 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations set
forth.

319.

The Village denies the allegations set forth in Paragraph 3 1 9 of the PHV Petition.

43

AS AND FOR AN ANSWER TO THE FOURTH1 (FIFTH) CAUSE OF ACTION


320.

With respect to the allegations incorporated by reference in Paragraph 320 of the

PHY Petition, the Village refers to its responses to those allegations set forth above.
321.

With respect to the allegations in Paragraph 321 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
322.

With respect to the allegations in Paragraph 322 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

323.

With respect to the allegations in Paragraph 323 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
324.

With respect to the allegations in Paragraph 324 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

Petitioners appear to have inadvertently mis-numbered their causes of action, setting forth
two "Fourth" causes of action.

44

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
325.

With respect to the allegations in Paragraph 325 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
326.

With respect to the allegations in Paragraph 326 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
327.

The Village denies the allegations set forth in Paragraph 327 of the PHV Petition.

328.

With respect to the allegations in Paragraph 328 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
329.

With respect to the allegations in Paragraph 329 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

45

330.

With respect to the allegations in Paragraph 330 of the PHY Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
331.

With respect to the allegations in Paragraph 331 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
332.

With respect to the allegations set forth in Paragraph 332 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
333.

With respect to the allegations set forth in Paragraph 333 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

334.

The Village denies the allegations set forth in Paragraph 334 of the PHV Petition.

335.

With respect to the allegations in Paragraph 335 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

46

336.

With respect to the allegations in Paragraph 336 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
337.

The Village denies the allegations set forth in Paragraph 337 of the PHV Petition.

338.

The Village denies the allegations set forth in Paragraph 338 of the PHV Petition.

339.

With respect to the allegations in Paragraph 339 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
340.

The Village denies the allegations set forth in Paragraph 340 of the PHV Petition.

341 .

The Village denies the allegations set forth in Paragraph 341 of the PHV Petition.

342.

With respect to the allegations set forth in Paragraph 342 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
343.

The Village denies the allegations set forth in Paragraph 343 of the PHV Petition.

344.

With respect to the allegations set forth in Paragraph 344 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.

47

345.

With respect to the allegations set forth in Paragraph 345 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
346.

With respect to the allegations in Paragraph 346 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations set
forth.

347.

With respect to the allegations set forth in Paragraph 347 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
348.

With respect to the allegations set forth in Paragraph 348 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
349.

With respect to the allegations set forth in Paragraph 349 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

With respect to the

allegations in Footnote 4 to Paragraph 349 of the PHV Petition, the Village states that such

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations

referenced therein for determination of their content, meaning and effect, and denies Petitioners'

characterizations thereof.
350.

With respect to the allegations set forth in Paragraph 350 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

48

351 .

The Village denies the allegations set forth in Paragraph 35 1 of the PHV Petition.

352.

With respect to the allegations in Paragraph 352 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as to the truth of the allegations set
forth.

353.

The Village denies the allegations set forth in Paragraph 353 of the PHV Petition.

354.

The Village denies the allegations set forth in Paragraph 354 of the PHV Petition.

355.

The Village denies the allegations set forth in Paragraph 355 of the PHV Petition.

356.

The Village denies the allegations set forth in Paragraph 356 of the PHV Petition.

357.

With respect to the allegations set forth in Paragraph 357 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
358.

The Village denies the allegations set forth in Paragraph 358 of the PHV Petition.

359.

With respect to the allegations set forth in Paragraph 359 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
360.

The Village denies the allegations set forth in Paragraph 360 of the PHV Petition.

361 .

The Village denies the allegations set forth in Paragraph 361 of the PHV Petition.

362.

The Village denies the allegations set forth in Paragraph 362 of the PHV Petition.

363.

The Village denies the allegations set forth in Paragraph 363 of the PHV Petition.

364.

The Village denies the allegations set forth in Paragraph 364 of the PHV Petition.

365.

The Village denies the allegations set forth in Paragraph 365 of the PHV Petition.

366.

With respect to the allegations in Paragraph 366 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

49

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

367.

The Village denies the allegations set forth in Paragraph 367 of the PHV Petition.

368.

With respect to the allegations in Paragraph 368 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
369.

With respect to the allegations in Paragraph 369 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

370.

With respect to the allegations in Paragraph 370 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

371 .

The Village denies the allegations set forth in Paragraph 371 of the PHV Petition.

372.

With respect to the allegations set forth in Paragraph 372 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

50

373.

The Village denies the allegations set forth in Paragraph 373 of the PHY Petition.

374.

The Village denies the allegations set forth in Paragraph 374 of the PHV Petition.

375.

The Village denies the allegations set forth in Paragraph 375 of the PHV Petition.

376.

With respect to the allegations in Paragraph 376 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

377.

With respect to the allegations in Paragraph 377 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
378.

With respect to the allegations in Paragraph 378 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

379.

With respect to the allegations set forth in Paragraph 379 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
380.

With respect to the allegations in Paragraph 380 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

51

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

381.

With respect to the allegations in Paragraph 381 of the PHY Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
382.

With respect to the allegations in Paragraph 382 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

383.

With respect to the allegations in Paragraph 383 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

384.

With respect to the allegations set forth in Paragraph 384 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

52

385.

With respect to the allegations set forth in Paragraph 385 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

386.

With respect to the allegations set forth in Paragraph 386 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
387.

With respect to the allegations set forth in Paragraph 387 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
388.

With respect to the allegations set forth in Paragraph 388 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

389.

With respect to the allegations set forth in Paragraph 389 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
390.

With respect to the allegations set forth in Paragraph 390 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
391.

With respect to the allegations set forth in Paragraph 391 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

53

392.

With respect to the allegations set forth in Paragraph 392 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

393.

With respect to the allegations set forth in Paragraph 393 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

The Village denies that it

has an "extremely faulty history of environmental and land use compliance and enforcement."
394.

With respect to the allegations set forth in Paragraph 394 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
395.

With respect to the allegations set forth in Paragraph 395 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

396.

With respect to the allegations in Paragraph 396 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

397.

With respect to the allegations in Paragraph 397 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

54

398.

With respect to the allegations in Paragraph 398 of the PHY Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
399.

With respect to the allegations in Paragraph 399 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
400.

The Village denies the allegations set forth in Paragraph 400 of the PHV Petition.

401.

With respect to the allegations in Paragraph 401 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
402.

With respect to the allegations in Paragraph 402 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as the truth of the allegations related

to the basis of the Town Board's decision.

The Village admits that SEQRA review will be

conducted as required for future projects proposed in the annexation territory and denies that it

has relied on an "illusory premise."


403.

The Village denies the allegations set forth in Paragraph 403 of the PHV Petition.

55

404.

With respect to the allegations in Paragraph 404 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
405.

With respect to the allegations set forth in Paragraph 405 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
406.

The Village denies the allegations set forth in Paragraph 406 of the PHV Petition.

407.

With respect to the allegations in Paragraph 407 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as the truth of the allegations related
to the Town Board and otherwise denies the allegations set forth.
408.

The Village denies the allegations set forth in Paragraph 408 of the PHV Petition.

409.

The Village denies the allegations set forth in Paragraph 409 of the PHV Petition.

410.

With respect to the allegations in Paragraph 410 of the PHV Petition, the Village

lacks knowledge or information sufficient to form a belief as the truth of the allegations related
to the Town Board and otherwise denies the allegations set forth.

411.

With respect to the allegations set forth in Paragraph 41 1 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
412.

With respect to the allegations in Paragraph 412 of the PHV Petition, the Village

states that such allegations related to the "intended function" of SEQRA set forth conclusions of
law for which no responsive pleading is required, but to the extent an answer is made, the

56

Village refers the Court to the statutes and/or regulations referenced therein for determination of
their content, meaning and effect, and denies Petitioners' characterizations thereof. The Village

denies that SEQRA review was inadequate.


413.

The Village denies the allegations set forth in Paragraph 413 of the PHV Petition.

414.

The Village denies the allegations set forth in Paragraph 414 of the PHV Petition.

415.

With respect to the allegations set forth in Paragraph 415 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
416.

The Village denies the allegations set forth in Paragraph 416 of the PHV Petition.

417.

The Village denies the allegations set forth in Paragraph 417 of the PHV Petition.

418.

The Village denies the allegations set forth in Paragraph 41 8 of the PHV Petition.

419.

The Village denies the allegations set forth in Paragraph 419 of the PHV Petition.

420.

The Village denies the allegations set forth in Paragraph 420 of the PHV Petition.

421 .

With respect to the allegations set forth in Paragraph 421 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
422.

With respect to the allegations set forth in Paragraph 422 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
423.

With respect to the allegations set forth in Paragraph 423 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

57

424.

With respect to the allegations set forth in Paragraph 424 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

425.

With respect to the allegations set forth in Paragraph 425 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

426.

With respect to the allegations set forth in Paragraph 426 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

427.

With respect to the allegations set forth in Paragraph 427 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

428.

With respect to the allegations set forth in Paragraph 428 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

429.

With respect to the allegations set forth in Paragraph 429 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

430.

With respect to the allegations set forth in Paragraph 430 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

58

43 1 .

With respect to the allegations set forth in Paragraph 43 1 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

432.

With respect to the allegations set forth in Paragraph 432 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.


433.

With respect to the allegations set forth in Paragraph 433 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.


434.

With respect to the allegations in Paragraph 434 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

435.

With respect to the allegations in Paragraph 435 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.

436.

With respect to the allegations in Paragraph 436 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or

59

regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
437.

With respect to the allegations in Paragraph 437 of the PHY Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
438.

With respect to the allegations in Paragraph 438 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is
required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies

Petitioners' characterizations thereof.


439.

With respect to the allegations set forth in Paragraph 439 of the PHV Petition, the

Village lacks knowledge or information sufficient to form a belief as the truth of the allegations
concerning the Town Board's consideration and otherwise refers the Court to the documents
referenced therein for determination of their content, meaning and effect and denies Petitioners'

characterization thereof.
440.

With respect to the allegations set forth in Paragraph 440 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
441 .

With respect to the allegations set forth in Paragraph 441 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

60

442.

With respect to the allegations set forth in Paragraph 442 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

443.

With respect to the allegations set forth in Paragraph 443 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

444.

With respect to the allegations set forth in Paragraph 444 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

445.

With respect to the allegations in Paragraph 445 of the PHV Petition, the Village

states that such allegations set forth conclusions of law for which no responsive pleading is

required, but to the extent an answer is made, the Village refers the Court to the statutes and/or
regulations referenced therein for determination of their content, meaning and effect, and denies
Petitioners' characterizations thereof.
446.

With respect to the allegations set forth in Paragraph 446 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
447.

With respect to the allegations set forth in Paragraph 447 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

448.

With respect to the allegations set forth in Paragraph 448 of the PHV Petition, the

Village denies that comments from the MWCSD were "ignored or dismissed" and otherwise

61

refers the Court to the documents referenced therein for determination of their content, meaning
and effect and denies Petitioners' characterization thereof.

449.

With respect to the allegations set forth in Paragraph 449 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof. The allegations concerning
the "dubious constitutionality" of "certain State Education Law" set forth conclusions of law for
which no responsive pleading is required, but to the extent an answer is made, the Village refers
the Court to the statutes and/or regulations referenced therein for determination of their content,
meaning and effect, and denies Petitioners' characterizations thereof.

450.

With respect to the allegations set forth in Paragraph 450 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

451.

With respect to the allegations set forth in Paragraph 451 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

452.

With respect to the allegations set forth in Paragraph 452 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

453.

With respect to the allegations set forth in Paragraph 453 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

454.

With respect to the allegations set forth in Paragraph 454 of the PHV Petition, the

Village lacks knowledge or information sufficient to form a belief as the truth of the allegations.

62

455.

With respect to the allegations set forth in Paragraph 455 of the PHY Petition, the

Village lacks knowledge or information sufficient to form a belief as the truth of the allegations.
456.

With respect to the allegations set forth in Paragraph 456 of the PHY Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.
457.

With respect to the allegations set forth in Paragraph 457 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and denies Petitioners' characterization thereof.


458.

With respect to the allegations set forth in Paragraph 458 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.
459.

With respect to the allegations set forth in Paragraph 459 of the PHY Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

460.

With respect to the allegations set forth in Paragraph 460 of the PHY Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

63

461 .

With respect to the allegations set forth in Paragraph 461 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations

referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.
462.

With respect to the allegations set forth in Paragraph 462 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.
463.

With respect to the allegations set forth in Paragraph 463 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the

extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.
464.

With respect to the allegations set forth in Paragraph 464 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the

extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

465.

With respect to the allegations set forth in Paragraph 465 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterization thereof.

64

466.

With respect to the allegations set forth in Paragraph 466 of the PHY Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and otherwise lacks sufficient knowledge or information to form a belief as

to the truth of the allegations set forth and denies Petitioners' characterization thereof.
467.

With respect to the allegations set forth in Paragraph 467 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the

extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

468.

With respect to the allegations set forth in Paragraph 468 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

469.

With respect to the allegations set forth in Paragraph 469 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the

extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

470.

With respect to the allegations set forth in Paragraph 470 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations

65

referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.
471 .

With respect to the allegations set forth in Paragraph 471 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations

referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.
472.

With respect to the allegations set forth in Paragraph 472 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and otherwise lacks sufficient knowledge or information to form a belief as
to the truth of the allegations set forth and denies Petitioners' characterization thereof.
473.

With respect to the allegations set forth in Paragraph 473 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect, and otherwise lacks sufficient knowledge or information to form a belief as

to the truth of the allegations set forth and denies Petitioners' characterization thereof.
474.

The Village denies the allegations set forth in Paragraph 474 of the PHV Petition.

475.

The Village denies the allegations set forth in Paragraph 475 of the PHV Petition.

476.

With respect to the allegations set forth in Paragraph 476 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations

referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

66

AS AND FOR AN ANSWER TO THE FIFTH (SIXTH) CAUSE OF ACTION

477.

With respect to the allegations incorporated by reference in Paragraph 477 of the

PHY Petition, the Village refers to its responses to those allegations set forth above.
478.

The Village denies the allegations set forth in Paragraph 478 of the PHV Petition.

479.

With respect to the allegations set forth in Paragraph 479 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof.
480.

With respect to the allegations set forth in Paragraph 480 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof.
AS AND FOR AN ANSWER TO THE SIXTH (SEVENTH) CAUSE OF ACTION

481.

With respect to the allegations incorporated by reference in Paragraph 481 of the

PHV Petition, the Village refers to its responses to those allegations set forth above.
482.

With respect to the allegations set forth in Paragraph 482 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'

characterizations thereof.
483.

The Village denies the allegations set forth in Paragraph 483 of the PHV Petition.

484.

The Village denies the allegations set forth in Paragraph 484 of the PHV Petition.

485.

With respect to the allegations set forth in Paragraph 488 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations

67

referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

486.

The Village denies the allegations set forth in Paragraph 486 of the PHV Petition.

487.

With respect to the allegations set forth in Paragraph 487 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof.
488.

With respect to the allegations set forth in Paragraph 488 of the PHV Petition, the

Village lacks sufficient knowledge or information to form a belief as to the truth of the
allegations set forth.

489.

With respect to the allegations set forth in Paragraph 489 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof.

490.

With respect to the allegations set forth in Paragraph 490 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof.

491 .

With respect to the allegations set forth in Paragraph 491 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof.
492.

With respect to the allegations set forth in Paragraph 492 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof. With respect to the "maxim

that municipalities are not permitted to use annexation to evade current zoning constraints," the
allegations set forth conclusions of law for which no responsive pleading is required, but to the

68

extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

493.

With respect to the allegations set forth in Paragraph 493 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof.
494.

With respect to the allegations set forth in Paragraph 494 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof.
495.

With respect to the allegations set forth in Paragraph 495 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof.

496.

The Village denies the allegations set forth in Paragraph 496 of the PHV Petition.

497.

The Village denies the allegations set forth in Paragraph 497 of the PHV Petition.

498.

The Village denies the allegations set forth in Paragraph 498 of the PHV Petition.

499.

With respect to the allegations set forth in Paragraph 499 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,

meaning and effect and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations set forth.
500.

With respect to the allegations set forth in Paragraph 500 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and otherwise lacks knowledge or information sufficient to form a belief as
to the truth of the allegations set forth.

69

501 .

With respect to the allegations set forth in Paragraph 501 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'

characterizations thereof.
502.

With respect to the allegations set forth in Paragraph 502 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and otherwise lacks knowledge or information sufficient to form a belief as

to the truth of the allegations set forth and denies Petitioners' characterization thereof.
503.

The Village denies the allegations set forth in Paragraph 503 of the PHV Petition.

504.

The Village denies the allegations set forth in Paragraph 504 of the PHV Petition.

AS AND FOR AN ANSWER TO THE SEVENTH (EIGHTH) CAUSE OF ACTION

505.

With respect to the allegations incorporated by reference in Paragraph 505 of the

PHV Petition, the Village refers to its responses to those allegations set forth above.
506.

The Village denies the allegations set forth in Paragraph 506 of the PHV Petition.

507.

With respect to the allegations set forth in Paragraph 507 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

508.

With respect to the allegations set forth in Paragraph 508 of the PHV Petition, the

Village refers the Court to the documents referenced therein for determination of their content,
meaning and effect and denies Petitioners' characterizations thereof.

70

509.

The Village denies the allegations set forth in Paragraph 509 of the PHV Petition.

510.

The Village denies the allegations set forth in Paragraph 5 1 0 of the PHV Petition.

511.

The Village denies the allegations set forth in Paragraph 5 1 1 of the PHV Petition.

AS AND FOR AN ANSWER TO THE EIGHTH (NINTH) CAUSE OF ACTION

512.

With respect to the allegations incorporated by reference in Paragraph 512 of the

PHV Petition, the Village refers to its responses to those allegations set forth above.
513.

With respect to the allegations set forth in Paragraph 5 1 3 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.
514.

With respect to the allegations set forth in Paragraph 5 14 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and otherwise lacks
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
and denies Petitioners' characterization thereof.
515.

With respect to the allegations set forth in Paragraph 5 1 5 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations

referenced therein for determination of their content, meaning and effect, and otherwise lacks
knowledge or information sufficient to form a belief as to the truth of the allegations set forth

and denies Petitioners' characterization thereof.

71

516.

With respect to the allegations set forth in Paragraph 516 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations

referenced therein for determination of their content, meaning and effect, and otherwise lacks
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
and denies Petitioners' characterization thereof.

517.

With respect to the allegations set forth in Paragraph 517 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the

extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterizations thereof.

518.

With respect to the allegations set forth in Paragraph 5 1 8 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and otherwise lacks
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
and denies Petitioners' characterization thereof.

519.

With respect to the allegations set forth in Paragraph 519 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and otherwise lacks
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
and denies Petitioners' characterization thereof.

72

520.

With respect to the allegations set forth in Paragraph 520 of the PHY Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and otherwise lacks
knowledge or information sufficient to form a belief as to the truth of the allegations set forth
and denies Petitioners' characterization thereof.

521 .

The Village denies the allegations set forth in Paragraph 521 of the PHV Petition.

522.

The Village denies the allegations set forth in Paragraph 522 of the PHV Petition.

523.

The Village denies the allegations set forth in Paragraph 523 of the PHV Petition.

AS AND FOR AN ANSWER TO THE NINTH (TENTH! CAUSE OF ACTION

524.

With respect to the allegations incorporated by reference in Paragraph 524 of the

PHV Petition, the Village refers to its responses to those allegations set forth above.
525.

The Village denies the allegations set forth in Paragraph 525 of the PHV Petition.

526.

The Village denies the allegations set forth in Paragraph 526 of the PHV Petition.

527.

The Village denies the allegations set forth in Paragraph 527 of the PHV Petition.

528.

The Village denies the allegations set forth in Paragraph 528 of the PHV Petition.

529.

The Village denies the allegations set forth in Paragraph 528 of the PHV Petition.

AS AND FOR AN ANSWER TO THE TENTH (ELEVENTH) CAUSE OF ACTION


530.

With respect to the allegations incorporated by reference in Paragraph 530 of the

PHV Petition, the Village refers to its responses to those allegations set forth above.

53 1 .

The Village denies the allegations set forth in Paragraph 53 1 of the PHV Petition.

532.

The Village denies the allegations set forth in Paragraph 532 of the PHV Petition.

533.

The Village denies the allegations set forth in Paragraph 533 of the PHV Petition.

73

534.

The Village denies the allegations set forth in Paragraph 534 of the PHY Petition.

535.

The Village denies the allegations set forth in Paragraph 535 of the PHV Petition.

AS AND FOR AN ANSWER TO THE ELEVENTH (TWELFTH! CAUSE OF ACTION

536.

With respect to the allegations incorporated by reference in Paragraph 536 of the

PHV Petition, the Village refers to its responses to those allegations set forth above.

537.

With respect to the allegations set forth in Paragraph 537 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterization thereof.

538.

With respect to the allegations set forth in Paragraph 538 of the PHV Petition, the

allegations set forth conclusions of law for which no responsive pleading is required, but to the
extent an answer is made, the Village refers the Court to the statutes and/or regulations
referenced therein for determination of their content, meaning and effect, and denies Petitioners'
characterization thereof.

539.

The Village denies the allegations set forth in Paragraph 539 of the PHV Petition.

540.

The Village denies the allegations set forth in Paragraph 540 of the PHV Petition.

541 .

The Village denies the allegations set forth in Paragraph 541 of the PHV Petition.

542.

The Village denies all other allegations of the PHV Petition not specifically

admitted herein.

74

AS AND FOR A FIRST AFFIRMATIVE DEFENSE


AND OBJECTION IN POINT OF LAW

543.

Petitioners lack standing to assert the claims set forth in the Amended Verified

Petition and Complaint.


AS AND FOR A SECOND AFFIRMATIVE DEFENSE
AND OBJECTION IN POINT OF LAW
544.

Petitioners' claims are barred, in whole or in part, by Petitioners' failure to

exhaust their administrative remedies.


AS AND FOR A THTRD AFFIRMATIVE DEFENSE

AND OBJECTION IN POINT OF LAW


545.

Petitioners' claims are barred, in whole or in part, by another action pending

between the same parties for the sane cause of action.


AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
AND OBJECTION IN POINT OF LAW

546.

Petitioners' claims are barred, in whole or in part, by the doctrines of res judicata,

collateral estoppel, and/or law of the case.


AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
AND OBJECTION IN POINT OF LAW

547.

Petitioners' claims are barred, in whole or in part, by mootness, laches, estoppel

and/or waiver.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
AND OBJECTION IN POINT OF LAW

548.

Petitioners' claims are barred, in whole or in part, by this Court's lack of subject

matter jurisdiction.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
AND OBJECTION IN POINT OF LAW

549.

Petitioners' claims fail to state a claim or cause of action upon which relief can be

75

granted.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
AND OBJECTION IN POINT OF LAW
550.

Petitioners' claims are barred, in whole or in part, by documentary evidence.


AS AND FOR A NINTH AFFIRMATIVE DEFENSE

AND OBJECTION IN POINT OF LAW


551.

Petitioners' claims are barred, in whole or in part, because they are not aggrieved

by the disapproval of the 507-acre annexation petition.


AS AND FOR A TENTH AFFIRMATIVE DEFENSE
AND OBJECTION IN POINT OF LAW

552.

Petitioners' claims are barred, in whole or in part, by the doctrine of ripeness.


AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
AND OBJECTION IN POINT OF LAW

553.

Petitioners' claims are barred because they fail to state a claim upon which relief

can be granted under the Town of Monroe Ethics Code, which only provides for sanctions
against Town Board members, not annulment of a Town Board action.
AS AND FOR AN TWELFTH AFFIRMATIVE DEFENSE
AND OBJECTION IN POINT OF LAW

554.

Petitioners' claims are barred, in whole or in part, because of failure to comply

with CPLR 9802.

76

WHEREFORE, Respondent Village Board of the Village of Kiryas Joel respectfully

requests that this Court enter a judgment dismissing the Amended Verified Petition and
Complaint in its entirety, awarding it the costs, disbursements and attorneys' fees incurred in this
proceeding, and awarding it such other relief as this Court shall deem just, proper, or equitable.

WHITEMAN OSTERMAN & HANNA LLP

Dated: Albany, New York


January 22, 2016
By:

JL^t "JaD ^

John J. Henry, Esq.


Michael G. Sterthous, Esq.
Robert S. Rosborough IV, Esq.

Attorneys for Respondent Village Board of the


Village of Kiryas Joel
One Commerce Plaza

Albany, New York 12260


(518) 487-7600

77

VERIFICATION

STATE OF NEW YORK

COUNTY OF ALBANY

ss.

MICHAEL G. STERTHOUS, ESQ., being duly sworn, deposes and says as follows:
I am a member of Whiteman Osterman & Hanna LLP, attorneys for Respondents

1.

Village Board of the Village of Kiryas Joel in this matter.


I have read the foregoing Verified Answer and the same is true to my own

2.

knowledge, except those matters stated to be upon information and belief, and as to those
matters, I believe them to be true.

The source of my belief is my review of the pertinent

documents and information provided by my client.

The reason why this verification is made by me and not Respondents is that

3.

Respondent does not have a principal place of business within the County of Albany.

A, 4J JgMl
MICHAEL G. STERTHOUS, ESQ.

Sworn to before me this

22nd day of January, 2016


V

Notary Public

CLAIBORNE E. WALTHALL
Notary Public, State of New York
Qualified in Albany County
No. 02WA6330597

fa

Commission Expires September 21, 20>J_J

78

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