Lawyer -- Monticello is "going to have liveries"

By TOM RUE

MONTICELLO - Monticello officials talked over the village's recent victory in NYS Supreme Court over the manner in which the village regulates taxi and livery services, at a January 27 public work session. Justice Anthony Kane recently ruled against Philip Vallone -- represented by lawyer Loran Shlevin -- because of a technicality unrelated to the merits of the case. Vallone is appealing.

Some drivers have recently been arrested by Monticello police for operating in the village without taxi medallions.

Despite the court victory, deputy village attorney Leo Glass predicted the existing village law will be overturned. "Eventually, whether it's this year or next year, we're going to have liveries in the Village of Monticello," Glass predicted.

He said that NYS Transportation Law supersedes village ordinances, and specifically allows liveries, which Monticello does not.

"New York State doesn't require him [Vallone] to have a medallion," Glass said.

Yellow Cab Co. owner Allen Kesten said he paid $650,000 to operate 19 medallion cabs in the village, saying this should give him a monopoly in Monticello.

Some board members voiced support for Kesten's position.

Kesten is the brother of village justice Robert Kesten, who attended a portion of the meeting but did not speak.

Liveries are licensed to pick up fares only in response to prior requests. Taxi cabs can make pickups whenever they're hailed, Glass said. Kesten said 90% of his business is livery-like, "over the telephone," suggesting that Vallone will hurt his company badly.

"Phil Valone doesn't have to comply with taxi regulations, but he says he will," Glass said, indicating that Vallone made the agreement in order to avoid protracted litigation. Glass added that Vallone agreed to follow taxi regulations against the advice of his lawyer. Kesten said Vallone should be required to get medallions for his limousines.

The issue will be decided at a future village meeting. Trustees received copies of Local Law 8 of 1988, regarding taxis, liveries and other vehicles for hire, to study.

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