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A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF RED HOOK FURTHER AUTHORIZING AND RATIFYING THE RETENTION OF HODGSON RUSS LLP AND KEANE & BEANE, P.C. AS OUTSIDE LITIGATION COUNSEL FOR THE TOWN OF RED HOOK

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Activeformal_resolutionongoingRatifies and confirms all prior appearances, filings, and legal services rendered by Hodgson Russ LLP and Keane & Beane, P.C. in connection with the Red Hook Boat Club eminent domain acquisition and related Article 78 proceedings, authorizes both firms to continue rendering legal services, and authorizes the Supervisor and fiscal officer to pay invoices for such services.
First seen
2026-07-14
Latest event
2026-07-14
adopted
Expires
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Resolution text

RESOLVED

  1. The Town Board hereby ratifies, confirms, and authorizes nunc pro tunc all appearances, filings, and legal services rendered by Hodgson Russ LLP on behalf of the Town of Red Hook in connection with: (a) the eminent domain acquisition of the Red Hook Boat Club property; and (b) the defense of the Article 78 Proceedings, including Index Nos. 2026-50382 & 2025-54836, from the inception of those engagements through the date of this Resolution. All such services are hereby deemed authorized acts on behalf of the Town, and all Town funds expended or obligated in connection therewith are hereby ratified as authorized expenditures.
  2. The Town Board hereby ratifies, confirms, and authorizes nunc pro tunc all appearances, filings, and legal services rendered by Keane & Beane, P.C. on behalf of the Town Board in connection with: (a) the defense of Article 78 No. 1 (Index No. 2025-50908); and (b) the prosecution of the Appeal from the August 14, 2025 Decision, Order and Judgment in Article 78 No. 1. All such services are hereby deemed authorized acts on behalf of the Town Board, and all Town funds expended or obligated in connection therewith are hereby ratified as authorized expenditures.
  3. The Town Board hereby authorizes, pursuant to Town Law §§ 65(1) and 20(2)(a): (a) Hodgson Russ LLP to continue to represent the Town in connection with the eminent domain acquisition of the Red Hook Boat Club property and in any appeal, motion, or further proceeding in connection with the Article 78 Proceedings, including Index No. 2026-50382, subject to the terms of the existing retainer agreement or any such amended retainer as the Supervisor and the Town Board may agree; and (b) Keane & Beane, P.C. to continue to prosecute and perfect the Appeal from the August 14, 2025 Decision, Order and Judgment in Index No. 2025-50908, and to render such further legal services as the Town Board may authorize by separate resolution.
  4. The Town Board hereby authorizes the Supervisor and/or the Town's fiscal officer to pay or cause to be paid all invoices for legal services rendered by Hodgson Russ LLP and Keane & Beane, P.C. in connection with the matters described in Sections 1, 2, and 3 of this Resolution, subject to the submission and review of detailed invoices in accordance with the Town's ordinary bill-approval process and any applicable statutory requirements.
Show preamble — 13 WHEREAS clauses
  • WHEREAS, the Town of Red Hook, New York (the "Town") is a municipal corporation organized and existing under the laws of the State of New York, with its principal office located in the County of Dutchess, State of New York
  • WHEREAS, the Town Board of the Town of Red Hook (the "Town Board") is the governing body of the Town and, pursuant to New York Town Law §§ 65(1) and 20(2)(a), is vested with the authority to authorize and direct any action or special proceeding in the name of the Town and to employ outside counsel in respect to any particular subject matter, proceeding, or litigation as the Town Board may necessarily require
  • WHEREAS, the Town Board, by motion duly made and approved at its regular meeting on February 26, 2025, engaged the firm of Keane & Beane, P.C. to defend and respond to the legal challenges raised in the matter of Red Hook Boat Club, Inc. v. The Town Board of Town of Red Hook, et al. (Index No. 2025-50908) ("Article 78 No. 1")
  • WHEREAS, represented by the law firm of Hodgson Russ LLP, on April 28, 2025 the Town Board authorized the commencement of an eminent domain proceeding to acquire certain property owned by the Red Hook Boat Club, Inc. ("RHBC")
  • WHEREAS, RHBC commenced a second Article 78 Proceeding in Supreme Court, Dutchess County, challenging the Town's adoption of three resolutions in furtherance of the Town's proposed acquisition of the RHBC property via eminent domain (Index No. 2025-54836) ("Article 78 No. 2")
  • WHEREAS, on August 19, 2025, RHBC commenced a proceeding pursuant to EDPL Article 2 at the Appellate Division Second Department (Docket Number 2025-09981) challenging the Town's adoption of the Determination and Findings to acquire the RHBC Property by eminent domain which Hodgson Russ, LLP represented the Town in its defense in furtherance of its engagement with the Town
  • WHEREAS, the Town Board, by motions duly made and approved at its regular meeting on August 27, 2025, authorized the law firm of Keane & Beane, P.C. to prepare and file (i) a Notice of Appeal, and (ii) a motion to reargue, regarding the Decision & Order dated August 15, 2025 in Article 78 No. 1
  • WHEREAS, the Town Board, by motion duly made and approved at its regular meeting on December 9, 2025, authorized the Town Supervisor to work with counsel to continue to defend and respond to legal challenges raised by RHBC
  • WHEREAS, on January 1, 2026 RHBC commenced a third Article 78 Proceeding, Red Hook Boat Club, Inc. v. The Town of Red Hook, NY (Index No. 2026-50382) challenging Local Laws B & C of 2025 adopted by the Town Board ("Article 78 No. 3")
  • WHEREAS, pursuant to prior authorizations, the Town Supervisor, acting in his capacity as chief executive officer of the Town, engaged Hodgson Russ LLP to represent the Town in defense of the Article 78 Proceedings under Index Nos. 2026-50382 & 2025-54836, which retention the Town Board hereby finds to be within the scope of and consistent with prior authorizations
  • WHEREAS, the Town Board has been and is fully aware of the general nature and subject matter of the legal services rendered by both Hodgson Russ LLP and Keane & Beane, P.C. in connection with the RHBC legal matters, has audited and approved all invoices from each firm confirming their retention, and has previously discussed and considered the Town's legal representation in executive session
  • WHEREAS, the Town Board has determined for absence of doubt and to minimize further legal proceedings that it is in the best interests of the Town and its taxpayers to: (i) ratify and confirm all prior appearances, filings, and legal services rendered by Hodgson Russ LLP in the Article 78 Proceedings and eminent domain proceeding as authorized acts on behalf of the Town; (ii) ratify and confirm all prior appearances, filings, and legal services rendered by Keane & Beane, P.C. in Article 78 No. 1 and in connection with the post-Decision motion to reargue and the Appeal as authorized acts on behalf of the Town; and (iii) authorize both firms to continue rendering legal services in connection with the respective matters described herein
  • WHEREAS, the Town Board determines that the further authorization, ratification, and confirmation set forth in this Resolution is necessary to protect the Town's legal position, to ensure the orderly continuation of pending legal matters, and to confirm the authority for expenditure of Town funds in connection with the legal services described herein.

Lifecycle (1 event)

2026-07-14adoptedvote: 3-2
Further authorize and ratify the retention of Hodgson Russ LLP and Keane & Beane, P.C. as outside litigation counsel for the Town of Red Hook.
moved by Testa · seconded by Hamel
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Resolved
  1. The Town Board hereby ratifies, confirms, and authorizes nunc pro tunc all appearances, filings, and legal services rendered by Hodgson Russ LLP on behalf of the Town of Red Hook in connection with: (a) the eminent domain acquisition of the Red Hook Boat Club property; and (b) the defense of the Article 78 Proceedings, including Index Nos. 2026-50382 & 2025-54836, from the inception of those engagements through the date of this Resolution. All such services are hereby deemed authorized acts on behalf of the Town, and all Town funds expended or obligated in connection therewith are hereby ratified as authorized expenditures.
  2. The Town Board hereby ratifies, confirms, and authorizes nunc pro tunc all appearances, filings, and legal services rendered by Keane & Beane, P.C. on behalf of the Town Board in connection with: (a) the defense of Article 78 No. 1 (Index No. 2025-50908); and (b) the prosecution of the Appeal from the August 14, 2025 Decision, Order and Judgment in Article 78 No. 1. All such services are hereby deemed authorized acts on behalf of the Town Board, and all Town funds expended or obligated in connection therewith are hereby ratified as authorized expenditures.
  3. The Town Board hereby authorizes, pursuant to Town Law §§ 65(1) and 20(2)(a): (a) Hodgson Russ LLP to continue to represent the Town in connection with the eminent domain acquisition of the Red Hook Boat Club property and in any appeal, motion, or further proceeding in connection with the Article 78 Proceedings, including Index No. 2026-50382, subject to the terms of the existing retainer agreement or any such amended retainer as the Supervisor and the Town Board may agree; and (b) Keane & Beane, P.C. to continue to prosecute and perfect the Appeal from the August 14, 2025 Decision, Order and Judgment in Index No. 2025-50908, and to render such further legal services as the Town Board may authorize by separate resolution.
  4. The Town Board hereby authorizes the Supervisor and/or the Town's fiscal officer to pay or cause to be paid all invoices for legal services rendered by Hodgson Russ LLP and Keane & Beane, P.C. in connection with the matters described in Sections 1, 2, and 3 of this Resolution, subject to the submission and review of detailed invoices in accordance with the Town's ordinary bill-approval process and any applicable statutory requirements.
Whereas
  • WHEREAS, the Town of Red Hook, New York (the "Town") is a municipal corporation organized and existing under the laws of the State of New York, with its principal office located in the County of Dutchess, State of New York
  • WHEREAS, the Town Board of the Town of Red Hook (the "Town Board") is the governing body of the Town and, pursuant to New York Town Law §§ 65(1) and 20(2)(a), is vested with the authority to authorize and direct any action or special proceeding in the name of the Town and to employ outside counsel in respect to any particular subject matter, proceeding, or litigation as the Town Board may necessarily require
  • WHEREAS, the Town Board, by motion duly made and approved at its regular meeting on February 26, 2025, engaged the firm of Keane & Beane, P.C. to defend and respond to the legal challenges raised in the matter of Red Hook Boat Club, Inc. v. The Town Board of Town of Red Hook, et al. (Index No. 2025-50908) ("Article 78 No. 1")
  • WHEREAS, represented by the law firm of Hodgson Russ LLP, on April 28, 2025 the Town Board authorized the commencement of an eminent domain proceeding to acquire certain property owned by the Red Hook Boat Club, Inc. ("RHBC")
  • WHEREAS, RHBC commenced a second Article 78 Proceeding in Supreme Court, Dutchess County, challenging the Town's adoption of three resolutions in furtherance of the Town's proposed acquisition of the RHBC property via eminent domain (Index No. 2025-54836) ("Article 78 No. 2")
  • WHEREAS, on August 19, 2025, RHBC commenced a proceeding pursuant to EDPL Article 2 at the Appellate Division Second Department (Docket Number 2025-09981) challenging the Town's adoption of the Determination and Findings to acquire the RHBC Property by eminent domain which Hodgson Russ, LLP represented the Town in its defense in furtherance of its engagement with the Town
  • WHEREAS, the Town Board, by motions duly made and approved at its regular meeting on August 27, 2025, authorized the law firm of Keane & Beane, P.C. to prepare and file (i) a Notice of Appeal, and (ii) a motion to reargue, regarding the Decision & Order dated August 15, 2025 in Article 78 No. 1
  • WHEREAS, the Town Board, by motion duly made and approved at its regular meeting on December 9, 2025, authorized the Town Supervisor to work with counsel to continue to defend and respond to legal challenges raised by RHBC
  • WHEREAS, on January 1, 2026 RHBC commenced a third Article 78 Proceeding, Red Hook Boat Club, Inc. v. The Town of Red Hook, NY (Index No. 2026-50382) challenging Local Laws B & C of 2025 adopted by the Town Board ("Article 78 No. 3")
  • WHEREAS, pursuant to prior authorizations, the Town Supervisor, acting in his capacity as chief executive officer of the Town, engaged Hodgson Russ LLP to represent the Town in defense of the Article 78 Proceedings under Index Nos. 2026-50382 & 2025-54836, which retention the Town Board hereby finds to be within the scope of and consistent with prior authorizations
  • WHEREAS, the Town Board has been and is fully aware of the general nature and subject matter of the legal services rendered by both Hodgson Russ LLP and Keane & Beane, P.C. in connection with the RHBC legal matters, has audited and approved all invoices from each firm confirming their retention, and has previously discussed and considered the Town's legal representation in executive session
  • WHEREAS, the Town Board has determined for absence of doubt and to minimize further legal proceedings that it is in the best interests of the Town and its taxpayers to: (i) ratify and confirm all prior appearances, filings, and legal services rendered by Hodgson Russ LLP in the Article 78 Proceedings and eminent domain proceeding as authorized acts on behalf of the Town; (ii) ratify and confirm all prior appearances, filings, and legal services rendered by Keane & Beane, P.C. in Article 78 No. 1 and in connection with the post-Decision motion to reargue and the Appeal as authorized acts on behalf of the Town; and (iii) authorize both firms to continue rendering legal services in connection with the respective matters described herein
  • WHEREAS, the Town Board determines that the further authorization, ratification, and confirmation set forth in this Resolution is necessary to protect the Town's legal position, to ensure the orderly continuation of pending legal matters, and to confirm the authority for expenditure of Town funds in connection with the legal services described herein.
Subject key: red_hook_boat_club_litigation_counsel