Huntington – Huntington Town
Attorney Nicholas Ciappetta released a statement regarding an appeal his office
filed September 25, 2018, on the decision issued in the third-party
beneficiary case from the LIPA lawsuit:
“The Town of Huntington formally
filed an appeal of Justice Emerson’s erroneous decision granting summary
judgment to LIPA and National Grid. The Town is confident that Justice
Emerson will be reversed by the Appellate Division because her decision
disregards clearly established binding case law, incorrectly interprets the
meaning of the section of the Power Supply Agreement that is at the heart of
this case, and disregards a mountain of evidence supporting the Town’s
contention that LIPA and National Grid did not have the legal right to file a
tax certiorari claim.”
The first date for non-binding
mediation between the Town of Huntington, the Northport-East Northport School
District, LIPA and National Grid is September 26. The tax certiorari trial is
scheduled to begin in December.
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