I appeared this morning at 9:30 a.m. in the Supreme Court, Riverhead, New York in Justine Dunn’s court room, for the settlement conference that has been scheduled for more than two months. (West Babylon Library lawsuit headed to courts, July 24, 2003). No one from the Library Board or any elected member of the West Babylon School Board appeared at this most important legal proceeding. The only representatives present on behalf of the Library were William Cullen, Esq., counsel to the Library and the individual most responsible for the initiation of all this litigation, Michael Strauss of Hollander, Strauss & Mastropietro, LLP, litigation counsel for the library and William Morell, Esq; of Van Nostrand and Martin, Esqs.

Why there was no one there with any authority or business sense to represent the West Babylon Library and the taxpayers that fund the library via the West Babylon UFSD is a travesty to the representation of the taxpayers. Leaving the attorneys alone to make the decisions related to further litigation is like leaving the wolf to watch the hen house. The only parties that benefit from ongoing litigation are the lawyers, hence, their reason for not entering into any meaningful settlement discussion.

A Settlement Conference is meant to settle the case or at least show advancement in the position of the parties. Mr. Strauss offered no change in his position today as compared the previous six months. The Judge was not happy and has ordered another conference for September 4, 2003 and if no movement takes place at that time, he will set the matter for trial.

The library potentially faces up to $750,000 in lost profits to A.M. in a trial. This is on top of the estimated $200,000 plus that the Library has expended in legal fees. A.M. also has spent $200,000 in legal fees. The costs of a trial in this matter will easily exceed $100,000 between the parties. The taxpayers should know that each of the lawyers working for the Library bills an average of at least $300 per hour; today they had three of them sitting there. At $900/hour the bills add up fast. It is easy to see who is making all the money here, at the expense of the taxpayers.

Neal Mandel

Managing Member,

A.M. Construction.