Westchester Board of Legislators Chairman Ken Jenkins said Friday he will file an appeal to a recent decision dismissing the board’s challenge to the cancellation of the Route 76 bus line between Port Chester and Rye.
Supreme Court Justice Robert Neary dismissed the lawsuit on the grounds that the dispute over 2012 funding became moot when the 2013 budget was passed. But Jenkins is looking for a decision on the substance of the challenge, which questioned the power of County Executive Rob Astorino to cancel the bus contract after the Board of Legislators had restored the funding.
“I think the merits of this lawsuit, like several other lawsuits initiated against County Executive Astorino, focus clearly on whether the County Executive can ignore legally adopted legislation and the County Charter, both of which occurred in this instance,” Jenkins said in a statement. “This issue was not mentioned at all in the judge’s dismissal of the case, and it still needs to be addressed.”