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Town board appoints special counsel to defend against Article 78 petition
Summary
The Union Vale Town Board voted to hire outside special counsel to defend an Article 78 proceeding filed by a group of residents; the resolution names a private law firm and passed by roll call with one member absent.
The Union Vale Town Board voted July 1 to retain outside special counsel to defend the town in an Article 78 proceeding brought by a group of residents. The board adopted Resolution No. 47 of 2026 appointing a private law firm to represent the town in the petition filed against the board and several named officials.
The resolution recites that the Article 78 proceeding was commenced by a list of petitioners including Hans Hardesty, Amy Hardesty, Colin Martin, Cheryl Martin and others against the Town Board and individual defendants Joseph Escalo, Elizabeth A. Gilleski and Herman W. Fryhoffer Jr. The resolution designates the firm in the representation letter dated Jan. 8, 2026, and specifies payment in accordance with that letter and its schedule of charges.
A motion to approve the resolution was seconded and the board conducted a roll call vote. Council Harrington was recorded as absent; Councilman Ringer, Supervisor Frasier, Councilman McGyney and Councilman Derland voted in the affirmative. No members were recorded as voting no. The resolution therefore passed.
The vote followed no extended public comment on the matter during the meeting. The board did not allocate additional funding in open session; the representation letter and fee schedule were incorporated into the resolution as presented and the town will follow the terms as written. The town indicated the matter will be handled through the retained counsel under the representation letter.
The board then moved on to other business and later entered executive session to discuss personnel and other legal matters.
