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Village of Croton-on-Hudson
1 Van Wyck Street
Croton-on-Hudson, NY 10520

Phone: 914-271-4781
Fax: 914-271-2836


Hours: Mon. - Fri., 8:30 am - 4 pm
 
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
                                                                        X
TOWN OF CORTLANDT, a municipal corporation,
TOWN OFYORKTOWN, a municipal corporation,                               Date Filed:
VILLAGE OF BUCHANAN, a municipal corporation, and
VILLAGE OF CROTON, a municipal corporation.                                                                                                                             Plaintiff designates
                                                Plaintiffs,                     Westchester County
                                                                                As the place of trial
-against-
                                                                                SUMMONS
THE CITY OF PEEKSKILL, a municipal corporation,                         Index No.

Defendant.      The basis of venue is location of the municipality.     

                                                                        X

TO THE ABOVE-NAMED DEFENDANT:

        YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, upon the plaintiff’s attorney within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York, and in case of your failure to appear of answer, judgment will be taken against you by default for the relief demanded in the complaint.

DATE:           Buchanan, New York
                November            , 2003

Yours, etc.

                                                
                                        BY:                                             
                                                THOMAS F. WOOD
                                                Town Attorney
                                                Town of Cortlandt
Attorney for Plaintiffs
                                                3153 Albany Post Road
                                                Buchanan, New York 10511
                                                (914) 736-0930

Defendant’s Address:
City of Peekskill
840 Main Street
Peekskill, New York 10566







SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
                                                                        X
TOWN OF CORTLANDT, a municipal corporation,
TOWN OFYORKTOWN, a municipal corporation,                               Date Filed:
VILLAGE OF BUCHANAN, a municipal corporation, and
VILLAGE OF CROTON, a municipal corporation.                                                                                                                             Plaintiff designates
                                                Plaintiffs,                     Westchester County
                                                                                As the place of trial
-against-
                                                                                COMPLAINT
THE CITY OF PEEKSKILL, a municipal corporation,                         Index No.

Defendant.      The basis of venue is location of the municipality.     

                                                                        X

Plaintiffs, TOWN OF CORTLANDT, TOWN OF YORKTOWN, VILLAGE OF BUCHANAN and VILLAGE OF CROTON, by undersigned attorneys as and for their verified complaint, respectfully shows to the Court and alleges as follows:
PARTIES
1.      The TOWN OF CORTLANDT is a municipal corporation incorporated by the Legislature of the State of New York in 1788, with its principal place of business at 1 Heady Street, Cortlandt Manor, New York.
2.      The TOWN OF YORKTOWN is a municipal corporation incorporated by the Legislature of the State of New York, with its principal place of business at 363 Underhill Avenue, Yorktown Heights, New York.
3.      The VILLAGE OF BUCHANAN, is a municipal corporation incorporated by the Legislature of the State of New York, with its principal place of business at 236 Tate Avenue, Buchanan, New York.
4.      The VILLAGE OF CROTON  is a municipal corporation incorporated by the Legislature of the State of New York, with its principal place of business at 1 Van Wyck Street, Croton-on-Hudson, New York.
5.      The Defendant, CITY OF PEEKSKILL, is a municipal corporation having its principal place of business at City Hall, 840 Main Street, Peekskill, New York.
6.      The CITY OF PEEKSKILL adopted Local Law No. 11-2003 entitled, “A Local Law Intro No. 11 of 2003 Amending Chapter 182 of the Code of the City of Peekskill entitled, “Garbage, Rubbish and Refuse” Section 182-9 Thereof Entitled “License Required for Private Collection”.  A copy of said Local Law is annexed hereto and made part hereof as Exhibit “A”
7.      That all of the parties hereto are located within and are participants in the Westchester County Solid Waste District and as participants therein, deliver their trash (as collected within their municipalities) to the RESCO Plant which is located on Charles Point, on John Walsh Boulevard within the City of Peekskill.
8.      The RESCO Plant is operated pursuant to a contract with the Westchester Solid Waste District.
9.      That the Plaintiffs herein deliver all of their refuse to said site pursuant to terms of an Intermunicipal Agreement between the County of Westchester and the Plaintiffs herein.  
AS AND FOR A FIRST CAUSE OF ACTION
8.      That on or about October  28, 2003, October 30, 2003, and at other times, the Defendant, CITY OF PEEKSKILL, caused to be issued to the Plaintiffs and/or the operators of vehicles owned by the Plaintiffs Summons’ for alleging violating the aforesaid Local Law regulating private haulers within the City of Peekskill.
10.     That prior to the issuance of said Summons’ the Defendant circulated a  notice to the Plaintiffs indicating their intention to seek the registration of the Plaintiff’s vehicles pursuant to the terms of the City Local Law set forth above.
11.     The Plaintiff, VILLAGE OF CROTON, was issued an Appearance Ticket.  Thereafter, the Plaintiff, VILLAGE OF CROTON, applied for the permits and paid $1,000.00 to avoid further tickets during the pendency of this action and to avoid further issues with their drivers union.
10.     That said Local Law clearly limits its application to private haulers    operating within the City of Peekskill.
11.     That the Plaintiffs herein are all municipal corporations and do not operate within the City of Peekskill and merely traverse a small section of city roads in the City of Peekskill to access the RESCO Plant.
12.     That the actions of the Defendant in issuing summons and violations to the Plaintiffs under said City Ordinance is null and void as said ordinance was not enacted to regulate the activities conducted by the Plaintiffs within the City of Peekskill.
AS AND FOR A SECOND CAUSE OF ACTION
13.     Plaintiff repeats, reiterates and re-alleges each and every allegation contained in paragraphs “1” through “12” of this Complaint with the same force and effect as if set forth herein at length.
14.     That the Westchester Solid Waste District is a County District established by the County of Westchester in accordance with the County Law of the State of New York.
15.     That the Defendant, CITY OF PEEKSKILL, is without authority to regulate any of the activities conducted by the Westchester County Solid Waste District as they are exempt from regulation from any local community.
16.     That the Plaintiffs, pursuant to an agreement with the County of Westchester, and as member of and being geographically located within the Westchester County Solid Waste District, were at the time of all of the summons’ issued herein, fulfilling their duties and obligations to the County of Westchester by delivering their municipal waste to the RESCO Plant for disposal.
17.     That while engaged in said activities, the Plaintiffs’ vehicles and employees are exempt from regulation by the Defendant, CITY OF PEEKSKILL.
18.     That the Defendant, CITY OF PEEKSKILL, is without authority to regulate the activities of the Plaintiff in furtherance of  the activities of the Westchester County Solid Waste District.

AS AND FOR A THIRD CAUSE OF ACTION
19.     Plaintiff repeats, reiterates and re-alleges each and every allegation contained in paragraphs “1” through “18” of this Complaint with the same force and effect as if set forth herein at length.
20.     That Vehicle and Traffic Law §1604 and §1640 prohibit and do not authorize (respectively) a city from regulating vehicles passing through a city on public highways.
21.     That the vehicles owned by the Plaintiffs herein enter the City on State highways and exit the State highway approximately ¾ of a mile from the entrance to the RESCO Plant.
22.     That Louisa Street, in the City of Peekskill, is a public highway providing access to John Walsh Boulevard, a public highway on which the RESCO Plant is located.
AS AND FOR A FOURTH CAUSE OF ACTION
23.     That the Plaintiffs herein ask this Court grant a permanent injunction permanently enjoining the Defendant, CITY OF PEEKSKILL, from regulating the Plaintiff’s activities in furtherance of delivering municipally collected trash to the RESCO Plant as part of the Westchester County Solid Waste District.
WHEREFORE, the Plaintiffs seek a Declaratory Judgment of this Court on the First Cause of Action declaring that Local Law 11-2003 of the City of Peekskill does not regulate the activities of the Plaintiffs herein; and on the Second Cause of Action for a Declaratory Judgment declaring that the Defendant, CITY OF PEEKSKILL is without authority to regulate the activities of the Plaintiffs while performing their duties as part of the Westchester County Solid Waste District and refunding any fees paid;  and on the Third and Fourth Cause of action for a permanent injunction permanently enjoining the Defendant, CITY OF PEEKSKILL, from regulating the Plaintiff’s activities in furtherance of delivering municipally collected trash to the RESCO Plant as part of the Westchester County Solid Waste District pursuant to the Vehicle and Traffic Law of


the State of New York; for attorneys fees, costs and disbursements and for such other and further relief as to the Court may seem just and proper.
Dated:          Buchanan, New York
                November         , 2003

                                                Yours, etc.

                                                
BY:                                                     BY:                                     
        THOMAS F. WOOD                                  KEVIN P. SWEENY
        Town Attorney                                   Town Attorney
        Town of Cortlandt                                       Town of Yorktown
Attorney for Plaintiffs                                 Attorney for Plaintiffs
        3153 Albany Post Road                           363 Underhill Avenue
        Buchanan, New York 10511                        Yorktown Heights, NY 10598
        (914) 736-0930                                  (914) 962-5722 ext 241

BY:                                                     BY:                                     
        THOMAS F. WOOD                                  THOMAS F. WOOD
        Attorney                                                Attorney
        Village of Buchanan                             Village of Croton
Attorney for Plaintiffs                                 Attorney for Plaintiffs
        3153 Albany Post Road                           3153 Albany Post Road
        Buchanan, New York 10511                        Buchanan, New York 10511
        (914) 736-0930                                  ((914) 736-0930
                                                

Defendant’s Address:
City of Peekskill
840 Main Street
Peekskill, New York 10566