Jenkins to Challenge Judge Decision on Bus Lawsuit in Rye

Supreme Court Justice Robert Neary recently dismissed a lawsuit to restore a bus line between Port Chester and Milton Point in Rye stating that the lawsuit is no longer relevant because it was based on restoring the funding for the route to the county’s adopted 2012 budget, according to a press release from the Westchester County Board of Legislators (BOL).

But Democratic Chairman of the BOL Ken Jenkins plans to file an appeal of Neary’s decision, saying that the lawsuit first filed in Aug. 2012, is centered on whether County Executive Rob Astorino broke the law by eliminating the bus route.

“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,” said Jenkins in a press release this month. “This issue was not mentioned at all in the judge’s dismissal of the case, and it still needs to be addressed.”

Astronio canceled the beeline service to the Route 76 line on Dec. 22, 2011 after the BOL had voted to override his veto of $243,436 of spending for the line. The BOL then approved a resolution in Feb. 2012 protesting the application of another bus line for service modifications of the Route 13 bus line that was meant to cover some of 76’s area.

Jenkins contends that Astorino’s actions disregarded the county charger that states the County Executive must administer the approved laws and resolutions passed by the BOL. 

The press release reads: 

There were no public hearings held on the subject. (The BOL held a public hearing on the route cancellation later in 2012.) Notably, the inclusion of funding for the 76 Route did not add any cost the 2012 County Tax levy.

The new Route 13 bus line, with its modifications that cover a small portion of the Route 76 line, has been operating contrary to laws in the County Charter, which require bus route franchise modifications to be approved by the BOL. The modifications, however, do not meet the needs of many residents, businesses, employees, and senior citizens in Rye, Port Chester and elsewhere who depended on the bus service out to Milton Point on a daily basis.

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Do you think Astorino violated the county charter when he cut the service on the Route 76 bus line? Tell us your thoughts in the comments.