Cunningham gets to keep his job, again

Theodore Ricket plans to appeal decision made by the State Supreme Court

— Keniry said Ricket believes the town could find a qualified resident of the town to fill the position instead of someone out of town. He said this is because no one would have a better understanding of issues in the town than a resident of the town, which is what he said the New York State Legislature had in mind when it created the municipal law.

“The needs of the residents are different, the traffic pattern is different and the weather is different,” Keniry said. “I think that’s the rationale behind what the legislature did here.”

Colonie Town Attorney Mike Magguilli said the town is elated over the court’s decision and said that the town had maintained from the beginning it was in the right. He is anticipating the appeal of the decision to come but said it will just be another lawsuit the town will have to spend more time on.

“I would expect them to appeal. I think because it was such a well-reasoned decision that chances on appeal is very small,” Magguilli said, adding that the amount of time his attorneys spent on this case was unnecessary. “That’s one of the most unfortunate things. We kept track of how much time we spent on the case. In this office, it was approximately 270 hours of attorney time that was used to defend this action. That’s time my attorneys should have spent doing the work of the people.”

Magguilli said the town had every right to amend the local law, and added that the motivation of the lawsuit was based off something other than law.

“They had to know that in the event of a loss that it was exactly what we would do,” he said. “It’s very clear in the law that we had the authority to do this. Part of the reason that I think the lawsuit is about headlines is that they’re not seeking to resolve legitimate legal issues.”

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