The Town of North Hempstead won a significant victory in the appellate division of the New York State Supreme Court on Aug. 21. A five-member panel ruled unanimously to uphold Judge Robert Roberto's decision, which affirmed the town's right to create district lines for the new ward system. The North Hempstead Republican leader, Peter Cavallaro, had filed suit to prevent the town board from drawing the new district lines, maintaining that this is the responsibility of the board of elections. When the lower court decision supported the town's position, Mr. Cavallaro appealed that decision.

Town Attorney Bonnie P. Chaikin stated, after the appellate decision was announced, "I was always confident that the town was on firm legal ground in implementing the ward system pursuant to the provisions of its own Town Code."

Supervisor May W. Newburger agreed, saying, "This decision established important legal precedent reaffirming local government's particular right to address implementation matters concerning its own governance and structure."

Chaikin added, "The court has recognized that the town board, the elected representatives of the citizens of North Hempstead, was the appropriate body to implement the ward system in accordance to the Town Code and draw the council district lines. Home rule powers possessed by local municipalities prevailed and that is an important win for all local government throughout the state."

Not surprisingly, Cavallaro disagrees. "I'm obviously disappointed and I think it was a wrong decision."

In their decision, the judges stated: "Town Law 85 provides, in pertinent part, that after a proposition has been adopted in a town of the first class for the establishment of the ward system, the board of elections of the county in which the town sits shall divide the town into wards and fix the boundaries thereof. In 1987, Town of North Hempstead Code 15A-1 was enacted. That section provides, in pertinent part, that after a proposition has been adopted for the establishment of the ward system, the Town Board of the Town of North Hempstead shall divide the town into wards and fix the boundaries thereof. Contrary to the petitioner's contention, Town of North Hempstead 15A-1 is not pre-empted by the statutory criteria expressed in Town Law 85."

According to Cavallaro, "It's nonsensical to say there's no conflict. It's clearly the case on its face. Having said that, we're still analyzing the decision and an appeal is unlikely. We got 90 percent of what we wanted (the council districts) and we believe the people will be better served. "

The voters will elect their council members this Nov. 4. Cavallaro was ordered to pay the costs related to the appeal.