New York Judge Restores Fire Company President Pending Hearing in Governance Dispute
An Albany County Supreme Court justice has issued temporary relief in an Article 78 proceeding filed by Schuyler Heights Fire Company, Inc., its president Jeffrey Belschwinder, and former company president Elijah Jenkins against the Board of Fire Commissioners of the Schuyler Heights Fire District and the Schuyler Heights Fire District, in a dispute over disciplinary authority and control of fire company governance.
The petition, filed March 12, 2026, challenges a series of actions taken by the district and commissioners following disciplinary proceedings involving Jenkins. According to the petition, Jenkins had been removed as both a firefighter and as president of the fire company; barred from the fire company for three years; and stripped of his firematic rank of lieutenant. The petition further alleges that after Jenkins’ removal, Belschwinder—who succeeded him as company president—was suspended as both a member and president, and that the district then issued directives affecting how the fire company could conduct meetings, access records, and manage internal affairs.
The petition does not dispute that the commissioners have statutory authority over district operations, district facilities, volunteer membership approvals, and disciplinary proceedings where authorized by Town Law. Instead, the filing frames the dispute as a line-drawing question: whether the commissioners crossed from lawful disciplinary authority into control of matters reserved to the fire company as a separate not-for-profit corporation, including when and how meetings are conducted, the election of officers, and the maintenance of internal records.
Among the actions challenged are the disciplinary determination that removed Jenkins, a February 2, 2026 directive related to guests in the firehouse, a February 18, 2026 meeting and lounge policy, and a February 19, 2026 notice suspending Belschwinder. The petition asks the court to vacate those actions and declare that the district may exercise only those powers expressly granted by Town Law, General Municipal Law, and other applicable statutes.
The petition also alleges that the disciplinary determination against Jenkins was procedurally defective because, although a hearing was conducted under General Municipal Law § 209-l, the commissioners allegedly did not attend the hearing and instead adopted the hearing officer’s recommendation without independently reviewing the evidence.
In seeking emergency relief, the petition asserted that the commissioners’ actions had displaced the fire company’s elected leadership and threatened its ability to continue operating as an independent volunteer fire company.
On March 19, 2026, Justice Denise A. Hartman signed an Order to Show Cause with Temporary Restraining Order. The order restored Belschwinder to active membership and to his office as president of the fire company pending further proceedings. The order also provided that Acting Chief Engineer Kenneth Keefer, Sr. would remain in that role unless and until a subsequent election is held.
The court further ordered that Schuyler Heights Fire Company and its members are to have access to and use of the fire hall for fire company operations and governance, with official meetings to be held on the first floor of the fire hall. At the same time, the order specifies that nothing in it prevents the district from carrying out ordinary district operations, emergency response functions, or lawful statutory responsibilities.
The respondents were directed to file answering papers by March 30, 2026, with reply papers due by April 3, 2026, the date set for further proceedings in Albany County Supreme Court. Here is the Order and below is the original petition:
