The Village of Sea Cliff has responded to the summons they received from the Sea Cliff Coffee Company and the document is available for perusal at village hall. Robert Ehrlich filed the summons on September 16 on behalf of his coffee company and the village responded officially on October 22. The Record Pilot has acquired a copy of the 29-page response.

The first 26 pages of the document formally deny the charges in each of the paragraphs from the summons. After 232 denials of complaints, there is the first of twelve affirmative defenses.

The first six defenses deal with alleged failures of the plaintiff. The responses ask for all the damages to be reduced proportionately, and state that no "cause of action...which the answering defendants can be held liable" for exists in the summons. They maintain that the defendants never violated constitutional or federal statutory rights, and thus are qualified for immunity; that the statute of limitations was exceeded, and that the plaintiff failed to comply with the Notice of Claim requirements that are found within Municipal New York State Law. The sixth defense states, "...plaintiff has failed to avail himself of required administrative remedies."

The final six defenses focus on the belief that the board members acted in a proper manner with good faith. The defenses state that all the defendants "acted within the scope of their authority in the lawful performance of their duties." The response insists that no statutory rights were violated nor denied to the plaintiff. The answers are in classic legal terms and the twelfth and final defense says the plaintiff's claims of negligent conduct are not supported by the law of 42 U.S.C 1983.

This law is sometimes called the Ku Klux Klan Act because the goal of its initial passage, as part of the Civil Rights Act of 1871, was to curb abuses by southern states-and specifically the Klan. The law says that all people who are deprived of any rights guaranteed in the constitution can receive redress in a court of law.

Thaddeus J. Rozanki is representing the village, and signed the responses which ends by asking for judgment to be dismissed and for expenses that are incurred in the defense to be paid by the defense.

Another lawyer, who is a resident of Sea Cliff and has looked at the summons, considers the responses to be "boiler plate answers," and believes the village must do more to win the suit

At the Sea Cliff Village Board meeting of Nov. 15, Jack Toback brought up the anti-Semitism charges, and said how he was "outraged and offended" when he read the summons. He collected 184 signatures from others who expressed the same feeling and said that the charges should be withdrawn and an apology issued. These signatures were presented to the board and the board members thanked him for his support.

Mr. Rosenberg, attorney for Robert Ehrlich, has stated in past conversations that he believes the anti-Semitism charges are being overstated. He sees them as a possible motivation in the case, but believes even if they prove not true, his client was treated unequally under the law and deserves compensation. He does not believe the anti-Semitism charge is vital to the case.

In other village news, Trustee Villafane swore in two new members of the volunteer fire department at the opening of the board meeting. Brian Griffin is now part of the Hook & Ladder Co. and Colleen Longobucco is on the Fire Medic Unit.

The mayor read a resolution, which passed, that will allow residents of Sea Cliff to register for March village elections as well as all local, state, and federal elections via a form that is available at village hall. Previously there was a single day in March to register for village elections, but this led to a lower voter turnout. The forms are also available at the library for those who are working during village hall hours.

Altamont Avenue resident Jon Zabielski questioned the board on what he describes as the filth of the old incinerator property. The property has trees that have fallen over, and cement blocks on village-owned land. The village's position has been that it sees the area as "natural woods" and has no major plans to remove the fallen trees and maintain the land. Mr. Zabielski said he sees it as the village's fault that this land has become woods and insists it should be maintained. Trustee Marchese remarked that in government there are decisions that need to be made that will not please everyone and said he is sorry if this is one of them. Mr. Zabielski reiterated that he finds the board's action disgraceful and he added that he thinks if the neighbors of board members were complaining about an overgrown property something would be done. This was the only tense moment of the evening and it ended with both parties in obvious disagreement.

Katie Seiden raised a final issue, the time that trucks start working from the public works area. Work is supposed to begin at 7 a.m., but Mrs. Seiden documented the starting time for one week, and was awakened every day (excluding Tuesday) before 6:30 a.m. On Monday and Thursday trucks were beginning before 6:15 a.m. The mayor and board agreed that this was wrong, and said they would again make sure trucks are not making substantial noise before 7 a.m.