http://www.recordonline.com/archive/2005/08/19/mackson1.htm
August 19, 2005
KJ decision on hookup is in the pipeline
The most eagerly awaited court decision in Orange County concerns the county's lawsuit against the Village of Kiryas Joel, which is seeking permission to tap into New York City's water system.
The county sued to stop the connection, challenging Kiryas Joel's environmental review of the pipeline project. Some surrounding communities contend the project will fuel overdevelopment of the village, which has been growing in leaps and bounds for years. The lawsuit was the subject of a hearing several weeks ago in state Supreme Court in Goshen, before acting Justice Stewart Rosenwasser.
So when will a decision descend? Courthouse sources say it'll probably happen before Labor Day, definitely before Halloween.
Two county legislators think the case should be decided by a different judge. The village of 17,000 has flexed big political muscles over the years, and Rosenwasser is a candidate for state Supreme Court this fall.
The legislators, Democrat Roxanne Donnery of Highland Falls and Republican Frank Fornario of Chester, sent a letter to County Executive Edward Diana last month, asking him to ask Rosenwasser to recuse himself from the case.
In their words, "It would be wrong to have the perception that the decision will be based on political considerations as opposed to the merits of the situation."
The county's lawyer, David Darwin, replied: "The mere fact that Judge Rosenwasser may be a candidate for a position as Supreme Court (justice) does not create even an appearance of impropriety ... indeed, such a motion could well be deemed frivolous" because the papers and the arguments were presented more than a month ago.
