SCHIMMERLING LAW OFFICES

ATTORNEYS AND COUNSELORS AT LAW

53 Main Street 98 Main Street 102 West Main Street

Binghamton, New York 13905 P.O. Box 168 Endicott, New York 13760
(607) 772-
772-5291 Delhi, New York 13753-
13753-0168 (607) 785-
785-8888
Fax No. (607) 772-
772-5293 (607) 746-
746-2193 Fax No. (607) 785-
785-8886
Fax No. (607) 746-
746-6057

Thomas E. Schimmerling, Esq. NYTrialman@aol.com

Also a Member of the Pennsylvania and Florida Bars www.nylawhelp.com

REPLY TO: DELHI

October 1, 2010

Mr. Robert McCarthy

Town of Sidney Supervisor
Civic Center
21 Liberty Street
Sidney, NY 13838

RE: Town of Sidney’s Actions Against the Sufi Muslim Community of Sidney Center

Dear Mr. McCarthy:

Please be advised that I am assisting with the legal representation of the Sidney Center Sufi
Muslim community in response to the Town of Sidney’s efforts to try to force the Sufi community to
remove the remains of two of their deceased members which are buried on their privately owned
premises in Sidney Center.

As you should now be aware, there is absolutely no legal basis for the Town’s actions. The
section of law which the Town is purportedly relying upon, §1506(b) of the Public Cemetery
Corporation Law, clearly does not apply to a cemetery on private property.

Be advised that any legal action by the Town against the Sufi Muslim community will be
vigorously defended. Given the total lack of any legal basis for the Town’s proposed litigation, I
believe the Town may be additionally sanctioned for filing or maintaining a frivolous lawsuit to
pursuant to 22 NYCRR 130-1.1.

Be further advised that in the event of an action being commenced against the Sufi
community, my office will file a lawsuit in Federal Court on behalf of the Sufi Muslim community
pursuant to 42 U.S.C. 1983 to recover damages against the Town and against yourself and the other
members of the Town Board, individually, for violation of their civil rights.

Very truly yours,

 SCHIMMERLING LAW OFFICES

Thomas E. Schimmerling

TES:caw

cc: Joseph A. Ermeti, Esq.

Paul J. Hamilton, Sr.
John P. Schaeffer
Eric T. Wilson
C. Peter Cordes