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December 28, 2022

VIA FACSIMILE (212-266-9526) & E-Mail (dtrevora@nycourts.gov)

The Honorable Christie L. D'Alessio
Dutchess County Supreme Court Chambers
10 Market Street,
Poughkeepsie, New York 12601

RE: Heinchon Dairy, Inc. and 2K Development, Inc. v. the Village of Pawling
Index No. 2022-54083
Our File No.: D14448-65651

Dear Judge D'Alessio:

We represent the Petitioners-Plaintiffs ("Plaintiffs") in the above referenced hybrid Article

78 proceeding and Declaratory Judgment action, challenging, among other things, the Village
Board of Trustees adoption of recent zoning amendments as well as the Village Planning Board's
Plaintiffs'
refusal to hear application for site plan approval and a special use permit (the
"Applications"). This new action stems directly from, and is essentially a continuation of, previous
bad acts by the Village against the Plaintiffs.

In a related Article 78 Proceeding, Judge Acker recently annulled the Village Planning
Plaintiffs'
Board's denial of the Applications. See Heinchon Dairy, Inc., et al. v. Village of
Pawling Planning Board, et al., No 2020-53770 (N.Y. Sup. Ct. Dutchess County. April 22, 2022)
at NYSCEF Doc. 2. As a result of Judge Acker's decision, the Village has now conjured up new
ways in which to prevent Plaintiffs from developing its mixed-use project within the Village.
 CATANIA, MAHON & RIDER, PLLC

The Honorable Christie L. D'Alessio

December 28, 2022
Page 2

This new hybrid Article 78 and Declaratory Judgement action was just filed on Thursday,
December 22, 2022. Plaintiffs also filed a motion via Order to Show Cause seeking a temporary

restraining order and preliminary injunction on Friday, December 23, 2022. However, due to a
Plaintiffs'
clerical error, initial Request for Judicial Intervention failed to include the above-
(RJI)
Plaintiffs'
mentioned matter that was decided by Judge Acker in April of 2022. new proceeding
against the Village was immediately assigned to your Honor. Upon realizing the omission in the

RJI, we filed an amended RJI reflecting the prior proceeding before Judge Acker as a related

matter; and notified the Clerk's office about the amended RJI.

In any event, we believe this case is related to the case before Judge Acker as many of the
facts from the prior Article 78/Declaratory Judgment proceeding against the Village, support
Plaintiffs'
position in this new proceeding. We respectfully ask this Court to consider transferring
this new action to Judge Acker.

Thank you.

ectfully submitted,

W. FU
JWF/2226596
cc: Daniels, Porco & Lusardi, LLP (via e-mail rel@dpilawyers.com, ded@dpllawyers.com,
and ipm@dpllawyers.com attorneys for the Village)
Boies Schiller Flexner, LLP (via e-mail at mtripolitsiotis@BSFLLP.com and
mayala@BSFLLP.com co-counsel for Plaintiffs
2K Development, Inc./Heinchon Dairy, Inc.

Pursuant to IRS Regulations, any tax advice contained in this communication or attachments is not intended to
be used and cannot be usedfor purposes of avoiding penalties imposed by the Internal Revenue Code or
promoting, marketing or recommending to another person any tax related matter.