Power Struggle Between Colonie, NY, Fire Commissioners and Volunteers Continues

The dispute centers around the removal of the Schuyler Heights Fire Company president by the Colonie Fire District commissioners.

COLONIE — A legal battle between the volunteer firefighters and commissioners of a Colonie fire district may soon reach a conclusion after a state Supreme Court justice compared it to aknot found in Greek mythology that is “all but impossible to untie.”

State Supreme Court Justice Adam Silverman made the comment in an Oct. 5 decision in a lawsuit filed earlier this year by a current and former president of the Schuyler Heights Fire Company against the commissioners and the district, challenging disciplinary proceedings against them. Silverman ruled the commissioners had the power to administer a disciplinary hearing against one of the plaintiffs, Elijah Jenkins, and govern the “removal of volunteer officers and volunteer members” in the company. But the judge referred arguments about Jenkins' termination to the state’s Appellate Division, Third Department.

“Petitioners and respondents have created a procedural Gordian knot consisting of more than 200 filings,” Silverman’s decision reads.

The decision marks the latest chapter in an internal power struggle between the firefighters and commissioners of the Schuyler Heights Fire District. Infighting sparked in June when Jenkins, then president of the company, hired a locksmith to crack a firehouse safe containing company financial records. Jenkins claimed thatDeanna DiPofi, the district’s secretary, would not give him access.

Jenkins wanted to scrutinize the records of the company he led, which is made up of volunteer firefighters who once served the district. The district’s fire commissioners brought disciplinary charges against Jenkins and held a hearing, leading to his removal as president.

Jenkins' successor and current company president, Jeffrey Belschwinder, attempted to have the books audited after taking office in January and was subsequently suspended by the commissioners, who claimed he violated policies governing who may visit the firehouse.

In March, Jenkins and Belschwinder filed their lawsuit, arguing the five-member board of commissioners overstepped their authority and adopted a hearing officer’s recommendation to fire Jenkins without exercising independent judgment.

Justice Silverman wrote in his decision that the matter of Jenkins' termination was being transferred to the Appellate Division because a question arose about whether there was enough evidence to support Jenkins' removal.

The lawsuit also sought to annul Belschwinder’s suspension. But since he was reinstated as company president weeks after it was filed, Silverman declared the challenge moot.

Jenkins and Belschwinder’s complaint also sought to strike down firehouse policies they argued obstructed meetings and improperly restricted access to a lounge in the firehouse.

One policy prohibits guests from the firehouse’s apparatus floor and company meetings held in the firehouse unless their attendance is approved by the board of commissioners. The other policy restricted use of the firehouse lounge for any “event or function where credit is given, or if anyone is required or invited to attend,” according to Silverman’s decision.

Silverman denied Jenkins' and Belschwinder’s requests to cancel those policies, stating that although they can “rationally argue that restricting access to the lounge could be counterproductive,” it does not mean annulling the measures is warranted.

The commissioners' attorney, Bradley Pinsky, and Steven Cohen, an attorney for Jenkins and Belschwinder, submitted more than 200 court filings relating to the lawsuit, according to Silverman. Cohen and Pinsky did not respond to a request for comment.

Silverman stated that many of the filings were “duplicative” and characterized seven motions made during the proceedings as “procedural nullities.” He hopes the company and commissioners “will pay attention” to his decision’s explanation of the law.

In one portion of Silverman’s decision, he stated a “great effort” to refocus the parties upon their shared interest in providing emergency services to the community during the court proceedings was disregarded. He noted that at one point, Cohen filed an entirely separate complaint related to Jenkins' and Belschwinder’s lawsuit.

“In the end, a conflict of personalities has devolved into multiple lawsuits regarding a question of legal authority that is straightforward under the law,” Silverman said.

Mark DiPofi, who chairs the Schuyler Heights Fire District Board of Commissioners, declined to comment.

In April, amid the legal battle, the fire company announced plans to cease operations. But Silverman’s decision noted that dissolving a New York not-for-profit corporation requires a plan approved by the attorney general or a court.

Belschwinder said in a Tuesday interview he was awaiting word from his attorney on whether the company would be permitted to dissolve.

Belschwinder said he is planning to resign as company president, but does not know when.

“There is nothing left,” he said.

© 2026 the Times Union (Albany, N.Y.) . Visit www.timesunion.com. Distributed by Tribune Content Agency, LLC.

 

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