
Recent Court Victory by Attorney Brad Pinsky Could Help Monsey Fire District Amid Major Fire Company Shakeup
A significant New York Supreme Court victory secured by fire district attorney Bradley “Brad” Pinsky earlier in October could have important implications for the Monsey Fire District as it moves forward with a major restructuring of its fire protection services.
On October 20, the Monsey Fire District announced plans to end its longstanding relationship with Brewer Fire Engine Company No. 1 and instead work with the newly formed Monsey Fire Rescue Company.
The announcement followed disagreements between fire commissioners and Brewer’s leadership over their respective responsibilities, authority, and operational priorities.
The developments bear notable similarities to a recent Albany County fire district dispute successfully defended by attorney Brad Pinsky.
On October 5, 2026, Albany County Supreme Court Justice Adam W. Silverman issued a 29-page decision in Schuyler Heights Fire Company, Inc. v. Board of Fire Commissioners of the Schuyler Heights Fire District.
Pinsky represented the Fire District and its Board of Fire Commissioners.
The Fire Company and two members challenged the commissioners’ authority over disciplinary proceedings, firehouse policies, and company governance. Petitioners sought to overturn the removal of firefighter Elijah Jenkins, invalidate Jeffrey Belschwinder’s suspension, and eliminate restrictions involving firehouse guests and lounge access.
Justice Silverman rejected the challenges to the firehouse policies, recognizing the commissioners’ statutory authority over district facilities and operations. The court dismissed Belschwinder’s disciplinary challenge as moot and transferred Jenkins’ challenge to the Appellate Division for substantial-evidence review.
The ruling could provide important legal guidance as Monsey’s commissioners transition from Brewer Fire Engine Company to Monsey Fire Rescue Company. The central legal principle is that fire district commissioners possess substantial statutory authority over fire protection operations, policies, and leadership oversight.
As Monsey undertakes its historic restructuring, the Schuyler Heights ruling illustrates that New York courts recognize the broad powers of elected fire commissioners over the membership of their fire companies and the overall operations of a fire department.
The lawsuit, however, does not address a separate question concerning legal representation: When a fire company’s membership votes to retain legal counsel, can members of the company’s board, without a formal board meeting, unilaterally direct that attorney to perform work beyond the scope of the original engagement without further membership approval? This question may be particularly relevant if the attorney has recently represented a fire district in litigation against a fire company.
The Schuyler Heights decision does not resolve that issue, leaving questions about the scope of an attorney’s authority, the role of membership approval, and potential conflicts of interest to be determined separately in court or by the New York Bar Association.