Judge allows Westchester contracts board case to go forward

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Westchester County Court Judge Barry Warhit denied a motion to dismiss today in the Westchester Board of Legislators’ case against County Executive Rob Astorino over the county’s contracts board.

The board sued in March after Astorino refused to implement legislation changing the membership of the Board of Acquisition and Contract and giving the Board of Legislators the ability to place items on its agenda.

The Astorino administration has maintained that because the change would affect the power of the county executive the county charter requires a referendum to change the panel’s makeup.

The decision to deny the motion to dismiss means the lawsuit will move forward and administration must submit its papers by Dec. 6.

The board Democrats have argued the case could set an important precedent if the judge decides Astorino must implement all laws passed by the board unless a veto is upheld or they are invalidated by the courts. The lawyer for the Democratic leadership, which brought the case independent of the full board, said Judge Warhit said if the administration wanted to invalidate the law it would have to bring the full board into the lawsuit. But Astorino’s lawyer declined to do so.

“My clients are encouraged by Judge Warhit’s stated position that the administration cannot challenge the validity of legislation enacted by the Board of Legislators without initiating litigation against them in this or any other case,” said Alexander Eisemann, the lawyer for legislators Ken Jenkins, Lyndon Williams and Peter Harckham.

The case is one of five active court actions brought by the board against the administration.

Jenkins said the reason there are so many lawsuits is the administration refuses to follow the law.

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8 Comments

  1. Like father like son on

    Convicted felon mt. vernon chief of detectives lt. rob astorino sr. hated to follow laws too. Google it. Like father like son ain’t that right pee-wee? You and your white boy army are gone next year and your know it.

  2. Disgruntled ex-cop crawls back out from under rock, offers four tired sentences of vitriol,crawls back.

  3. Like father like son on

    That’s right. Robby sr was and probably still is a POS. From what I read in the papers his son is a chip off the ol’ block.

  4. are you kidding on

    any references to astorino sr should be deleted you guys ought to be ashamed of yourself
    for attempting to visit the sins of the father on the son…have you no standards at all
    or are you just trash

  5. There IS no “you guys.” It is one pathetic garbageman who posts under various assumed names.

  6. Puttin' the trash out on

    and I can’t wait until asstorino is tossed to the curb for pickup next november like cohen, nan, and castelli where this november.