Monticello pays the piper for
"musical chairs" By TOM RUE

MONTICELLO - A lawsuit initiated by a local taxpayer advocacy group in 1993 will cost Monticello village taxpayers $52,313, officials voted at an October 21 village board meeting. The vote came after a ruling by supreme court justice Vincent Bradley of Kingston.

The case, entitled Gordon & Cherviok vs. Monticello, et al., became popularly known in the local press as "Musical Chairs" and stemmed from a March 1993 unlawful executive session in which village officials agreed to swap jobs. The mayor became the village justice; the justice became the village attorney; the deputy mayor became the mayor; the village assessor was appointed as a trustee; and the assessor post was abolished.

Village attorney Michael Davidoff said the amount would not be covered by the village's insurance carrier, as many suits are, but would come from a fund budgeted for the purpose. Officials declined to say how much had been set aside for the contingency.

Victor Gordon directed inquiries to attorney Loran Shlevin of Callicoon. At press-time, Shlevin could not be reached at her office.

Trustee David Rosenberg -- the only official involved in the job swap currently holding office -- voiced regret. "I can't begin to tell you how sorry I am about the whole situation. Even $1 of taxpayers' dollars is $1 too much... But [while] it hurts for the taxpayers money to be spent on this, it hurts even worse that the village residents felt their government was being spirited away from them," he said.

Rosenberg abstained from voting on paying Shlevin. Mayor James Kenny and trustees Gary Sommers and Michael Levinson voted to pay.

Gordon and two other former directors officially dissolved the Sullivan County People for Action (SCPFA) in November 1994, during a dispute among members, to drain the organization's treasury at First Nationwide Bank and turn it over to Shlevin for costs in the case, according to corporate papers filed with the bank and NYS Department of State.

SCPFA members held yard-sales, dinners and other fund-raisers, revenue from which also went to Shlevin. At the time, Shlevin told members to expect such donations to be returned if she ever recovered fees and costs. Several members also assisted by performing legal research for Shlevin and serving court papers.

After the meeting, Gordon thanked Davidoff for the board resolution approving the payment. "I told you I'd do the right thing. I just had to get around to it," Davidoff replied.

Davidoff claimed he spoke to Shlevin and attorney Robert Gaiman, of Greenburg & Gaiman of Liberty, and they each voiced intent to accept the money and not to appeal further.

In an unrelated matter, officials went into executive session to discuss possible settlement of a suit over conduct by police officer Gerard Dietz, filed by Doreen DeBole of Valley Stream, who claims Dietz assaulted, verbally abused and spit on her while arresting her in May 1995. DeBole's lawyer, John Depee of Goshen, told The River Reporter that though his client is white, it is his belief she was treated as she was by Dietz because "she was in the company of a Hispanic gentleman." Davidoff said the case is scheduled for trial on October 28 in White Plains. Two other lawsuits were also to be discussed, according to Davidoff.

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