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JOHN F. MCMULLEN Cloudy On “The Cloud”? Page 4 SHERIF AWAD Jews of Egypt Page 4 PEGGY GODFREY Locked Out of Development? Page 6 ROBERT SCOTT A Life of Paradoxes Page 10 JOHN SIMON Glaring Contrast Page 13
By Nancy King, Page 9
New York Courts’ Dastardly Deeds The Departed: Resting in Peace or Spinning in Their Graves By Kevin McKeown, Page 12 www.westchesterguardian.com
BARBARA BARTON SLOANE
Dreamland and The Deep Blue Sea Page 14
MARY C. MARVIN Defining Bronxville Page 16 ED KOCH President Morsi’s Demands of U.S. Page 18
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THE WESTcHESTER GUARDiAn THE WESTCHESTER GUARDIAN THE WESTcHESTER GUARDiAn
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Of Significance Of Of Significance Significance
Community Section ...............................................................................4
Community Section ...............................................................................4 Community Section......................................................................................3 Business ................................................................................................4 Business ................................................................................................4 Calendar......................................................................................................3 Calendar ...............................................................................................4 Calendar ...............................................................................................4 Creative ..................................................................................4 Charity Disruption. ..................................................................................................5 Creative Disruption ............................................................................5 Charity ..................................................................................................5 Economic Development..........................................................................6 Contest ..................................................................................................6 Cultural Perspective ...........................................................................7 Contest ..................................................................................................6 Houses of Worship....................................................................................7 Creative Disruption ............................................................................6 Energy Issues .......................................................................................8 Creative Disruption ............................................................................6 Immigration...............................................................................................7 Education .............................................................................................7 In Memoriam ....................................................................................10 Education .............................................................................................7 Movie Review. ............................................................................................8 Fashion ..................................................................................................8 Medicine .............................................................................................10 Fashion ..................................................................................................8 Music. . ..........................................................................................................8 Fitness....................................................................................................9 Najah’s Corner ...................................................................................11 Fitness....................................................................................................9 People. Health..........................................................................................................9 ..................................................................................................10 Movie Review ....................................................................................12 Health ..................................................................................................10 Reading. ......................................................................................................9 History.................................................................................................10 Music ...................................................................................................12 History ................................................................................................10 History.......................................................................................................10 Ed Koch Movie Review ...................................................................12 Community ........................................................................................13 Ed Koch Movie Review ...................................................................12 Sports.........................................................................................................11 Spoof ....................................................................................................13 Writers Collection.............................................................................14 Spoof ....................................................................................................13 The Spoof..................................................................................................13 Sports Scene .......................................................................................13 Books Sports Scene .......................................................................................13 Eye On...................................................................................................16 Theatre. ........................................................................................13 Najah’s Corner ...................................................................................13 People ..................................................................................................18 Najah’s Corner ...................................................................................13 Travel. . ........................................................................................................14 Writers Collection.............................................................................14 Eye On...................................................................................................16 Theatre ..................................................................................18 Writers Collection.............................................................................14 New York Bulletin. .......................................................................................12 Books Leaving on a Jet Plane ......................................................................19 Books ...................................................................................................16 Government Section...................................................................................15 Transportation...................................................................................17 Government Section Transportation ...................................................................................17 Campaign Trail........................................................................................15 Government Section ............................................................................20 ............................................................................17 Campaign Trail Government Section ............................................................................17 Message from the..................................................................................20 Mayor. .....................................................................17 ......................................................................15 Albany Correspondent Economic Development....................................................................17 Albany Correspondent Mayor Marvin..........................................................................................16 Mayor Marvin’s Column..................................................................20 .................................................................18 Education ...........................................................................................21 Mayor Column .................................................................18 Politics. .Marvin’s ......................................................................................................17 Government .......................................................................................19 TheSection. Hezitorial ....................................................................................21 Government .......................................................................................19 OpEd OpEd Section...............................................................................................18 .........................................................................................23 Legal ....................................................................................................23 OpEd Section .........................................................................................23 Ed Koch Commentary...........................................................................18 Ed Koch Commentary.....................................................................23 People ..................................................................................................24 Ed Koch Commentary.....................................................................23 Current Commentary. ............................................................................19 Letters to the Editor ..........................................................................24 Strategy ...............................................................................................24 Letters to the Editor ..........................................................................24 Letters to the Editor. . ...............................................................................19 Weir Only Human ............................................................................25 OpEd Section .........................................................................................25 Weir Only................................................................................................19 Human ............................................................................25 Legal Notices. Legal Notices ..........................................................................................26 ..........................................................................................27 Legal Notices ..........................................................................................26
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News & Notes from Northern Westchester By MARK JEFFERS
Sometimes I just don’t see the attraction… I heard on the news the other night that people had been waiting for days in line outside the Apple stores in Manhattan just to order the new iPhone 5. Crazy! The only item I would wait that long for would be this week’s edition of “News and Notes…” You can be a part of our friends at WHUD’s 8th Annual Children’s Miracle Network Radio-thon to benefit Maria Fareri Children’s Hospital at Westchester Medical Center by becoming a “Change Bandit”… That’s right, collect change at school, at your place of business, in your neighborhood, and then donate it to the Radio-thon, October 17th to October 19th, my girls are all ready looking for coins beneath the cushions of our couch and chairs. ArtsWestchester is running its latest exhibit “Celebrities: We Remember Them Well,” through November 10th in White Plains. The exhibit highlights the work of 20 photographers focusing on celebrities, gee, I wonder if they want my photo… Northern Westchester Hospital and Support Connection will host an evening on helping survivors manage the impact of breast cancer at Chappaqua Crossings on October 18th, call 666-1904 for more information. Westchester County Executive Rob Astorino has named Dr. Kunjlata Ashar as the medical examiner and commissioner of labs and research, keep up the good work Dr. Ashar. German beers, food and music, am I dreaming, nope it’s time again for the White Plains Oktober Fest on Sunday, October 7th on Mamaroneck Avenue. Big Brothers Big Sisters of New York and Connecticut is looking for donations of gently used household items and clothing, please call 877-399-2570 for details. Our friend Doug McLaughlin has reminded us to buy our tickets for the always fabulous and fun Evening of Celebration to benefit the Katonah Village Library. On Saturday evening, October 13th noise is actually encouraged at the library where patrons will enjoy appetizers, festive drinks, music and a terrific Live Auction. Advance ticket prices are $125 per person or $200 per couple ($150 person at the door) so call the library today. A little seed for thought… Buy your bird
seed and support Bedford Audubon Society at the same time. By purchasing seed from Bedford Audubon, you support their critical avian research, educational programs for the community, and the beautiful wildlife sanctuaries. There is a new offering this year in meadow seed to convert your lawn into a wildlife oasis, which will attract far more butterflies, dragonflies, and birds to your property and is easier and less expensive to maintain than lawns. They can be planted in fall or spring so visit their website for more information. Orders must be made by October 17th for an early November pick up. Don’t forget “An Evening In Good Taste,” (sounds like dinner at my house), on October 18th to help end childhood hunger at the Food Bank in White Plains. The Pound Ridge Historical Society Museum presents “Cemeteries of Pound Ridge,” through December 2nd; you know I’m dying for this event… Am I the only one who is excited to have a born and bread Bedfordite to root for on NBC’s The Voice? Congratulations to native son Collin McLoughlin whose dulcet tones had three of the four judges vying for him to join their team. Ultimately Collin chose Adam Levine of Maroon 5 fame as his mentor. Good luck Collin we will be watching and cheering you on! The United Way of Westchester and Putnam is hosting an on-line auction as part of its 50th anniversary celebration. The auction will raise funds for its community initiatives in education, income and health. There are some really great items for bid, such as Super Bowl tickets, NASCAR driving experience, Grammy Award tickets and much more. The auction ends on October 4th. This item from our gossip reporter also known as my wife, Bedford residents Blake Lively and Ryan Reynolds did indeed tie the knot with a lovely wedding ceremony in Charlestown, S.C., we wish them all the best, apparently our invite got lost in the mail… The leaves are turning colors, the apples are ready to be picked, and the Giants are playing better football…Happy Fall to all… see you next week. Mark Jeffers resides in Bedford Hills, New York, with his wife Sarah, and three daughters, Kate, Amanda, and Claire.
THURSDAY, OCTOBER 4, 2012
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THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
CREATIVE DISRUPTION
Cloudy On “The Cloud”? By JOHN F. McMULLEN
“My Data’s now stored in ‘the cloud’, right?” “Yes – but do you really understand what that means?” “Yes. ... No ... It’s ‘up there’ some place, right? Is ‘the cloud’ a real place or is it an imaginary one?” “Yes!” … and therein lies the tale. Computers process “data” and turn it into “information.” They must store the data/information that they process / create someplace. One of the first technological leaps with large computer systems was changing the method of input from “punched cards” to keyboard terminals. We called the large computers “mainframes” and they stored the data on magnetic tape, large disks and drums. Users used the keyboard terminals for input and to view and analyze the data / information. When personal computers arrived in the late 1970s / 1980s, the personal computers acted as little mainframes, doing all the processing and storing of data locally. They first used cassette tape as storage medium, then removable “floppy diskettes,” holding from 140 thousand characters (140k) to 320 thousand (320k), and finally large “fixed” (“hard”) disk drives from early small capacity Million (1,000,000) characters (ex 10MB) through many Billion (1,000,000,000) characters (500GB) to multiple Trillion (1,000,000,000,000) Characters (2TB). Storage has gotten bigger in capacity, smaller in physical size, and much, much cheaper. As an example, in 1979, I paid $5,500.00 for my first hard disk to a personal computer – its capacity was ten million characters. At those prices, if they made billion
character devices then, they would have cost $550,000 per 1 billion characters (a “gigabyte”). Today, I wear a small USB device around my neck that holds 32 billion characters and cost under $100. Yet even with the breakthroughs in storage cost, capacity, and size, there were / are still issues. We may have need to share data with others – that led to networking and “file servers” – very high capacity disks that could be shared by groups. Businesses have, by in large, dealt with those problems and today often use mainframes as the central “servers.” What has, however, become a recent phenomena is a single user having multiple devices (desktop computer, laptop, tablet, smartphone) and wishing to be able to access her / his data from all of those devices from anywhere. When there were only the desktops and laptops, a user could carry around the USB small drives (mentioned above) with reasonable certainty that they could be plugged into any computer and the information used. There were, however, other approaches. One of the early services to store information on the “Web” for a user, making it available from any computer with Web access, was “HotMail” (first an independent operation and then acquired by Microsoft), a service that allowed a user to keep her / his e-mail processing totally on the World Wide Web (prior to Hotmail, users used programs such as “Outlook” or “Eudora” to “bring mail down” from servers into local PCs). The web-based service provided space for the storage of mail as well as mail-processing tools (write, reply, read, forward, copy, etc.) – and it was free. “Yahoo Mail” soon followed and, eventually, Google’s
“Gmail.” Yahoo added chat facilities and space to store photos – and most of us didn’t stop to consider just where our mail actually was or where we were chatting. We had moved into the cloud! Google soon added other functionalities to its services, lumping word processing and spreadsheets (and later presentation software) under the umbrella of “Google Docs” (now “Google Drive”). The advent of smartphones and tablets added some urgency to the cloud movement as they generally did not contain ways of plugging in USB drives to move data. Apple’s “iCloud” added elegance to the process automating automatic uploading of predetermined files, Amazon plunged into the fray with its own cloud service, and an independent product, “DropBox,” gained significant market share very rapidly. A user could utilize any of these services at low or no cost (most had free base services with cost for additional storage and / or to be “ad-free”) and, all of a sudden, we were all in the cloud, a fuzzy amorphous place that held our data in some unworldly place – at least that’s how it is portrayed and how it feels to most of us. The reality is that our data is stored on servers in massive data centers throughout the country – data centers maintained by Microsoft (which has recently upgraded its HotMail service to “SkyDrive” and “Outlook.com”), Apple, Amazon, Google, etc. The New York Times recently ran a two part series pointing out environmental problems caused by these humungous data centers – “Power, Pollution and the Internet” (http://
www.nytimes.com/2012/09/23/ technology/data-centers-wastevast-amounts-of-energy-belyingindustry-image.html) and “Data
Barns in a Farm Town, Gobbling Power and Flexing Muscle” (http://
www.nytimes.com/2012/09/24/ technology/data-centers-in-ruralwashington-state-gobble-power. html). In the articles, writer James
Glanz points to large-scale energy consumption, often wasteful, and air pollution caused by the data centers. While, as pointed out in an InformationWeek rebuttal article, “N.Y. Times Data Center Indictment Misses Big Picture” by Charles Babcock, many of these difficulties are eliminated in new data centers with state-of-the-art energy management systems and more judicious use of diesel back-up power systems, this does not take away from the fact that many centers are causing these problems. Glanz’s second article focuses on a Microsoft Data Center in Quincy, Washington. When Microsoft purchased the 75-acre site in 2006, its planned data center was looked on by the community as a boom to the area. The bloom, however, soon came off the rose. As Glanz tells the story – “But for some in Quincy, the gee-whiz factor of such a prominent high-tech neighbor wore off quickly. First, a citizens group initiated a legal challenge over pollution from some of nearly 40 giant diesel generators that Microsoft’s facility — near an elementary school — is allowed to use for backup power. “Then came a showdown late last year between the utility and Microsoft, whose hardball tactics shocked some local officials. “In an attempt to erase a $210,000 penalty the utility said the company owed for overestimating its power use, Microsoft proceeded to simply waste millions of watts of electricity, records show. Then it threatened to continue burning power in what it acknowledged was an “unnecessarily
wasteful” way until the fine was substantially cut, according to documents obtained by The New York Times. A Microsoft spokeswoman said the episode was “a one-time event that was quickly resolved.” Whatever the merits of this particular case or others mentioned in the two articles, it is obvious that there have been energy consumption and pollution problems attendant to the rise of cloud computing, seeming throw-backs to the days of big factory manufacturing. Just as those problems were eventually ameliorated by technological breakthroughs, so will these (and, as the InformationWeek article points out, are already being addressed in newer planning and constructions). Cloud Computing is then both a new and exciting way of using our technological resources in the most efficient way possible and a reminder that all innovation usually brings a downside – and one that must be planned for and dealt with in the least disruptive way possible. Creative Disruption is a continuing series examining the impact of constantly accelerating technology on the world around us. These changes normally happen under our personal radar until we find that the world as we knew it is no more. John F. McMullen has been involved in technology for over 40 years and has written about it for major publications. He may be found on Facebook and his current non-technical writing, a novel, “The Inwood Book” and “New & Collected Poems by johnmac the bard” are available on Amazon. He is a professor at Purchase College and has previously taught at Monroe College, Marist College, and the New School for Social Research.
CULTURAL PERSPECTIVE
Jews of Egypt By SHERIF AWAD
Egyptian documentaries are becoming ever more powerful in the practice of tackling important and avant-garde subjects long before the narrative genre is in place. Although it still lacks good exposure in regional cinema, theatres, and satellite channels, many enthusiasts started to seek them out in cultural centers and film events. Moreover, digital technologies
in lensing and editing a documentary using minimalist tools, like a cellphone and a laptop have given birth to a new generation of independent filmmakers alongside the professionals. Fresh out of his supervision of the Cinemobile Festival that was launched last month on the Internet by Arabia Company in Egypt, director Amir Ramses recently wrapped Jews of Egypt, a new documentary that captures fragments of the lives of the Egyptian Jewish community in the first half of the twentieth century until Continued on page 5
THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
Page 5
CULTURAL PERSPECTIVE
Jews of Egypt Continued from page 4
their grand exodus after the tripartite attack of 1956. The documentary comes at a propitious time because it helps in understanding the change in the identity of Egyptian society transformed from a place of tolerance and acceptance of one another to a place of rejection of minorities, where Egyptian Christian (Copts) are currently suffering. The documentary also sheds light on the way Egyptian Jews, once regarded as partners are now considered enemies. Director Ramses reveals how many Egyptian artists, like singer/
Alain Aryeh
Jews of Egypt actress Laila Murad, and her brother, music composer Mounir Murad, comedic actress Nagwa Salem, journalist and theatre producer Yacoub Sanoaam, and filmmaker Togo Mezrahy, of Jewish heritage had never forsaken their love of their Egyptian nativity. Ramses co-produced Jews of Egypt with Haitham Al Khamissi, the film’s music composer, through their
Amir Ramses company Session Film Production. They were both long-time friends since their many years of studying together at the Egyptian High Cinema Institute, and also having collaborated
Julie Gresh
several times hence. The documentary will have its premiere in the European Panorama this month. The rationale behind the making of this film, director Amir Ramses advised, wasn’t an immediate thought. His early interest in 2001 was to direct a feature film about left-wing Egyptian Jews, mostly of Henri Curiel, the Jewish, left-wing political activist, born 1914, in Egypt, and would consequently lead the communist leaning Democratic Movement for National Liberation until he was expelled in 1950. Settling in France, Curiel aided the Algerian Front de Libération Nationale and other national liberation movements before being assassinated in Paris in 1978.
Ramses also was interested in clarifying the ongoing confusion between three terms: an Israeli, a Zionist and a Jew, because media, and many Egyptian are confused about those words, their definitions and meanings. “The new generation who do not read history books need to know that there were Egyptian Jews who used to be part of the society at certain points of our timeline”, says Ramses. “Because I was hearing that other Egyptian filmmakers were interested to tackle the same subject during the past decade, I put the project on hold several times. But when many of my interviewees started to get older, like Ms. Ruth Browning who suffers from Continued on page 6
Alain Gresh
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THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
CULTURAL PERSPECTIVE
Jews of Egypt Continued from page 5 Alzheimer’s, I decided to put them in front of the camera”. With historical research that included books like Jews of Egypt by Dr. Mohamed Aboul-Ghar, and other publications, the filmmakers tracked down many of the Egyptian Jews through their grandchildren in downtown Cairo, and through many trips to Paris. Julie Gresh, the daughter of Ms. Browning and sister of Alain Gresh, who is currently chief-editor of Le Monde Diplomatique, not only spoke in the name of her old grandmother, but also helped Ramses to meet others who have also disappeared into the shadows of time. (Henri Curiel was the father of Julie and Alain). Most of the Egyptian Jews were driven from Egypt, never to come back after the
interested in watching this documentary. Will Ramses accept an invitation to screen Jews of Egypt at Israeli festival? In response, Ramses said, “I would not accept because there are alternate media like DVD and satellite where they can watch it right after its festival’s tour”. Actor Anwar Wagdy and wife, Layla Murad longed to return to their place of birth and longing, the Egyptian authorities allowed a select few only a short visit. In Cairo, the very old Egyptian Jew Alain Aryeh who still lives in the same house in the Abdin neighborhood since 1935, hesitated to be interviewed because of the years of imprisonment he endured after the 1952 revolution. But after seeing some of Ramses’ footage with the other interviewees in Egypt and France, he decided to open his heart.
Henri Curiel 1948 war, and after the 1952 revolution. The reason of their exodus varied, some of them were fired from their work; others were worried after the bombing of their stores, like Shamla and the attacks on the Alley of Jews (Haret Al-Yahood) in Cairo. When they were deported, their Egyptian nationality was revoked in order to prevent them from returning. Years later, when they or their descendants
Aryeh remembered his education at the Lycée that was a good example of a secular French School in Cairo at that time, when nobody was asked about their religious affiliation and everybody lived in harmony. He joined many others communists and leftists in fighting against Zionism, Nazism, and Fascism movements during WWII through various Egyptian organizations. Finally, I wondered about the many Jews in Israel who might be
Born in Cairo, Egypt, Sherif Awad is a film / video critic and curator. He is the film editor of Egypt Today Magazine (www.EgyptToday.com), and the artistic director for both the Alexandria Film Festival, in Egypt, and the Arab Rotterdam Festival, in The Netherlands. He also contributes to Variety, in the United States, and is the film critic of Variety Arabia (http://varietyarabia. com/), in the United Arab Emirates (UAE), the Al-Masry Al-Youm Website (http://www.almasryalyoum.com/ en/node/198132) and The Westchester Guardian (www.WestchesterGuardian. com).
ECONOMIC DEVELOPMENT
Have New Rochelle Residents Been Shut Out of Development Plans Again? By PEGGY GODFREY
Initiating the New Rochelle City Council discussion on development of the Armory, Mayor Noam Bramson said he was “pleased to get two proposals,” one from the Good Profit group, for a farm-to-table food market / restaurant, and one from the Save Our Armory Committee, for a cultural/performing arts center. Both groups provided power point presentations in August, but Bramson added, now, “We must make a choice.” Referring to a timeline procedure that brought the City Council to this point, he carefully stated no formal vote would be taken, just a designation for the memorandum of understanding (MOU). Further he elaborated, the
Armory must be considered in the larger context of the total Echo Bay development. He emphasized that although this is not a formal vote for the MOU, the City Council must make a choice “today.” Commissioner of Development Michael Freimuth was called upon to evaluate the sources of funding and overall development differences. The original City Council guidelines were included. Freimuth carefully enumerated many issues with both proposals; especially the need to raise necessary funds. He expressed that both proposals needed “work”, cautioning that the City has to take a more aggressive role in funding this project. Recounting how he had sent questions which had a deadline of August 24 to both developers about their proposals, he said he had just received answers from the Save Our Armory group about an hour and a half ago. He had not had time to fully examine the
proposal. Under those circumstances, the Good Profit group seemed to have gained an upper hand. Bramson expressed that the process had been fair to all parties concerned, referring specifically to the “deadline” for the answers to the questions posed by Commissioner Freimuth. Councilman Barry Fertel said he was always “skeptical” about whether the Armory could be saved; he was impressed with the Good Profit proposal. Councilman Albert Tarantino offered the end result of the process was of uppermost importance. Responding to comments made by Tarantino, Corporation Counsel Kathleen Gill said there were no legal impediments to issuing another Request for Proposals. Tarantino then brought up the presentation made the night before at a meeting at City Hall that was sponsored by various neighborhood associations. Councilman
Lou Trangucci added that both sides should be given another chance to make a presentation, but his formal motion to do so failed along party line votes. The only person to express concern over the Save Our Armory group was Councilwoman Shari Rackman who said she could not attend the meeting the day before because of the Jewish holiday. She said she had met with Good Profit and hoped they can provide more space for the veterans. Citing the significant majority (five Democrats in favor, two Republicans opposed) of the City Council voting informally to designate Good Profit as the developer for an MOU with the Armory, Bramson added, he was “excited with what Good Profit is proposing.” After the meeting Commissioner Freimuth, who will be leaving his post October 15 or later for a new position, stated he had submitted questions to the
two proposed developers on August 9 and had given them a deadline of August 24 for answers. The questions were about their cost projections, funding sources, and their development programs. City Manager Chuck Strome confirmed that the vote by the City Council was not a formal vote, but it “provided direction to the City Staff to negotiate an MOU with the Good Profit team.” Have the residents of New Rochelle been shut out again from an important development decision? It certainly appears that way especially since no public hearings were held with regard to the two proposals. At the City Council meeting the week before, almost every speaker at Citizens to be Heard was in favor of the Save Our Armory proposal. Peggy Godfrey is a freelance writer, a community activist, and former educator.
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THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
Page 7
HOUSES OF WORSHIP
Sukkah in the City
October 1- October 7, 10am-8pm for lunch and dinner. Watch the construction from last year! http://www.youtube.com/ watch?v=mANl1ClmTCU
Stonehenge Celebrates The Festival of Sukkot
NEW YORK, NY -- Stonehenge, one of New York City’s most prominent multifamily property owners and operators, announced that it will once again host a special “Sukkah in the City” for the Jewish holiday. The festival of Sukkot is named for the huts that the Israelites lived in as they wandered the desert for 40 years before they reached Israel. The focal point of the festival is the Sukkah, and those who observe Sukkot eat in a Sukkah for seven days. This Sukkah will be located in the Ritz Plaza Firefighter’s Memorial Park at 235 West 48th Street, between 8th Avenue and Broadway and directly adjacent to its luxury rental hi-rise, The Ritz Plaza. It will be open to the public
to enjoy lunch and dinner throughout the holiday, and for the neighborhood to learn about this traditional celebration of community and hospitality. The meaning behind the Stonehenge initiative was inspired by Sukkah City, which offered 12 celebrated architects the chance to showcase an inspired structure in Union Square two years ago. According to their description, “The Sukkah... calls upon us to acknowledge the changing of the seasons, to reconnect with an agricultural past, and to take a moment to dwell on--and dwell in--impermanence.” Stonehenge draws from this same objective of taking the time to notice and celebrate the diverse urban landscape of New York.
“Stonehenge is honored to join the Chabbad Lubavitch of Midtown as we re-open our annual Sukkah in the heart of it all, Times Square,” said Stonehenge Creative Director Michael Stern. “The most important part of the Sukkot observation is warm hospitality, and Stonehenge is
pleased to host New Yorkers under the branches of our Sukkah and our rooftops within the city’s skyline.” Construction of the Sukkah began on Thursday, September 27th The Sukkah opened to the public on Sunday, September 30th The Sukkah will also be open
Stonehenge Partners was founded in the early 1990’s by Ofer Yardeni and Joel Seiden. The firm is a fully integrated real estate company based in New York, employing 55 people. Stonehenge Partners is primarily invested in Manhattan multifamily real estate. Together with its investment partners, it currently owns and manages a real estate portfolio valued at nearly $1.8 billion. The portfolio is comprised of 27 properties representing approximately 3.2 million square feet, including 2,560 residential apartment units, office, retail and garage space. For more information about Stonehenge Partners please visit www.stonehengenyc.com.
New York State Cracks Down on Notario Fraud
the new regulation could face the revocation or suspension of their notary commission or the imposition of a fine
of up to $1,000 per violation. The case may also be referred to the Attorney General’s office for further action.
IMMIGRATION
New Notary Public Regulations Will Deter Immigration Scammmers The New York Department of State (NYDoS) on Wednesday, September 26, 2012, announced the adoption of new regulations for notaries public aimed at protecting the public from unscrupulous notaries who use their title to commit fraud and cheat people by posing as immigration professionals and attorneys. The NYDoS oversees the commissioning and enforcement of the notary public occupation. “For a long time now, con-artists have been hiding behind the veil of the notary public occupation to commit egregious acts of fraud and victimize thousands of people in our state. These new regulations will put the brakes on immigration scammers and expose these bad actors”, stated Secretary of State Perales. “New York State can finally look forward to the day when the notario fraud reference is no longer part of its lexicon.” Quite often, immigrants seek immigration assistance by contracting with a notary public. Because the word for notary public in some languages implies that the individual is an attorney, some hold themselves out as qualified to help immigrants obtain lawful status, or able to perform legal functions such as drafting wills or other legal documents when they are not authorized to do so. Many times, these fraudsters
charge excessive fees for services that are never provided. At times, victims are so damaged by these con artists that they permanently lose out on important immigration opportunities. The new regulations will prohibit notaries public from advertising their services using foreign language terms that falsely represent or imply that the notary public is an attorney authorized to practice law, or authorized to provide immigration advice. The new regulations require notaries public who use foreign language to advertise their services to include the following disclaimer in their advertisement, “I am not an attorney licensed to practice law and
may not give legal advice about immigration or any other legal matter or accept fees for legal advice.” The adoption of these regulations will provide stronger consumer protection to immigrant communities and they are especially timely given the recent reports of scammers targeting young people who are eligible to be considered for relief from removal from the country and eligible to apply for work authorization through the new federal Deferred Action for Childhood Arrival program. The regulations will be effective three months after the notice of adoption. Notaries found to have violated
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THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
MOVIE REVIEW
Ed Koch Movie Reviews By Edward I. Koch
Movie Review: “Trouble With the Curve” (-)
Gus (Clint Eastwood) is a scout at the end of his career. Barely able to see a few feet in front of himself, Gus relies on his ears, listening for the crack of the ball on the bat to make a decision about a prospective player. Gus’s daughter, Mickey (Amy Adams), tries desperately to help her dad recruit
promising players. Mickey’s love interest is Johnny (Justin Timberlake), but there is no chemistry on screen between the two of them. Everything about this picture is wrong. At one point in the film Mickey and Johnny skinny dip - neither of them remove their underclothes.
Avoid. Clint Eastwood did not direct this film. (The director is Robert Lorenz.) Eastwood did, however, direct his skit during the Republican Convention when he had his 15 minutes in the sun. It was an embarrassment for those who watched it.
Movie Review: “Searching for Sugar Man” (+)
He also reminded me in temperament of Cesar Chavez. Rodriquez’s songs, written in the early 70’s, were social commentaries which became big hits in South Africa. At the time South Africa had a civil war and was battling to end Apartheid and the white minority rule over the black majority. I believe there were at the time five million whites and 25 million or more blacks who did not have the right to vote. The rebellion ended with the election of Nelson Mandela. This documentary doesn’t cover the rebellion but rather the search of the Swedish filmmaker, Malik Bendjelloul, to find Rodriquez and
understand why his success in South Africa was not followed by similar success in the U.S. In order to support a family of three daughters, Rodriquez worked on construction sites demolishing buildings. A particularly wonderful portion of the movie includes an interview with one of his daughters who endured great poverty. She beautifully explains how it is that rich and poor people are so much alike which I won’t spoil for you by setting forth her comments in this review. Rodriquez himself when interviewed is shy and not as verbal as one might have expected, but then neither is Bob
Dylan. Both connect with our souls in their lyrics. (“Sugarman” is the title of one of Rodriquez’s songs.) “Searching for Sugar Man” is beautifully crafted and well-worth seeing if it reaches your neighborhood. I saw it at the Village East Cinema on Second Avenue and East 12th Street.
I’m not a baseball fan, but I really enjoyed the 2011 film, “Moneyball,” starring Brad Pitt. Unfortunately this baseball-themed movie, featuring Clint Eastwood, is really bad.
I hadn’t read any reviews of this documentary. After a friend of mine told me that it is the best picture he has ever seen, I decided to see it. I wouldn’t go that far in describing it, but it is good, interesting and a respite from the many documentaries now available which are more frenetic. This peaceful, comforting and occasionally lyrical film is about the U.S. singer-songwriter Rodriquez. He reminded me of Bob Dylan but has a far better voice than Dylan and you can comprehend every word he utters.
MUSIC
Visit the Mayor at the Movies to learn more: http://www.mayorkoch.com/. The Honorable Edward Irving Koch served as a member of Congress from New York State from 1969 through 1977, and New York City as its 105th Mayor from 1978 to 1989.
T. & The M.G.s “Green Onions” 50th THE SOUNDS Booker Anniversary Edition Stax Remasters OFBLUE “Fifty years on “Green Onions” remains essential!” Rating: 9 By Bob Putignano
How’d you like to own the royalties from “Green Onions”? Arguably the most popular instrumental song ever, reaching number three on the charts in ’62, that was covered by so many artists, not to mention it’s use in commercials, television and movie scores. Fifty years since its birth “Green Onions” still sounds remarkably fresh and (needless to say) remains essential. It’s obvious the Stax brass knew what they had (the forty-five single sold three quarters of a million copies) so they rushed the band into the studio to cut an entire album. So it was no shocker that they titled the entire album “Green Onions,” and they also used it as the kickoff track on the original LP. All in all fourteen tracks are included twelve from the original recording and two
bonus tracks recorded live that were previously issued. Other standout tracks from this classic recording include Brother Ray’s “I Got a Woman” which sounds a little dated, nonetheless it’s very energetic, especially when Cropper chimes in. “Mo’ Onions” is brilliant in that it’s the perfect answer to “Green Onions” with the same basic backbeat, but each solo and riff is given a varied twist, making this long forgotten gem yet another classic. Written by the entire band “Behave Yourself” has that latenight club or studio vibe, basically it’s a straight blues tune that stays in the same zone throughout. Doc Pomus’ “Lonely Avenue” finds the band in a similar “Behave Yourself” kind of mode, but here Cropper is tastier with his solo, plucking the blues away ever
so scantly and smartly. The MG’s fly through an exciting rendition of “Can’t Sit Down,” (a breakout smash-hit for Phil Upchurch,) that will have you moving and grooving. Ben Tucker and Bob Dorough’s jazz classic “Comin’ Home Baby” vamps sweetly with artful solos by Jones and Cropper with perfect support from rhythm section mates Al Jackson Jr.’s drums and bassist Lewis Steinberg. The two bonus tracks previously released on Stax “Funky Broadway: Stax Revue Live at the 5/4 Ballroom” in Los Angeles, 1965 where the most significant item to report is that Duck Dunn replaces bassist Steinberg. These two bonus tracks do not warrant purchasing this edition, but the re-mastered sound on the studio tracks are definitely worth
the purchase of this “Green Onions” fiftieth anniversary edition. This is yet another fine and firstclass addition to the Stax Remasters series that includes the (reduced sized) original LP back-flap with Bob Altshuler’s notes, and 2012 updated notes by “Soulsville USA: The Story of Stax Records” Grammy Award winning author Rob Bowman. It is here that Bowman conveys something I wasn’t aware of, that being that no Stax record (prior to June, 1967) listed production credits, but Bowman clearly states that “Green Onions” was effectively produced by the entire band, an interesting tidbit. Bowman goes on to say that Booker T. & the MG’s played on ninety-five percent of all Stax and Volt product through 1969, and opines
“A more soulful corpus of work simply does not exist,” what a legacy! Last but not least there’s the always exquisite re-mastering work by engineer ace Joe Tarantino, who recently warned me that I would love the sound on this edition of “Green Onions.” He wasn’t kidding! Bob Putignano www.SoundsofBlue.com
THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
Page 9
PEOPLE
The Adventures of a Bald Woman in Westchester By NANCY KING
Two weeks ago I shaved my head bald. That’s right bald. Right down to my shiny skull bald. Upon attending a St. Baldrick’s event at Engine Company #1 in Valhalla, New York, I dared the crowd that if they came up with $1,000.00, I would shave my head. It was coming up to the end of the event and the crowd had thinned out a bit so I never expected them to dig a little deeper into their pockets and start donating. Whether they had that “ah-ha” moment or perversely wanted to see a woman shave her head, the dollars started rolling in. When the crowd was a few bucks short of meeting the goal, Hezi Aris, The Westchester Guardian editor, was contacted and before I knew it, I was on the stage getting my head shaved. A woman’s hair is her crown jewel and when you feel that buzzer taking its first swipe down the center of your head, and that jewel lands in your lap, there are no words to describe your feelings. A rush of excitement followed by a dose of regret and before you know it, your hair is gone. Those first few minutes of shock and excitement however didn’t prepare me for what was to come in the following weeks. Without hair, your appearance changes dramatically. Hair, if it is color
treated hides your age. A shaved head shows the gray and white stubble that had been skillfully hidden with monthly coloring. Automatically you are showing your age and it is shocking to see yourself at your real age. Facial imperfections that were covered by hair are right there too. Without hair, a mirror becomes public enemy #1. A bald woman’s new best friends are cosmetics and earrings. Without them on board to at least provide a little coverage, you might as well leave your house naked. It was upon leaving the house the following day when I began to realize just how much hair means to a woman. Running errands at a busy store, I encountered a former neighbor who grabbed my arm and wanted to know how my health was. I replied
that I was fine, just bald. I offered no other explanation. At least her reaction was better than my current next door neighbors who proclaimed that I looked like a f****** a******. Other, older women would glance over at me and smile sympathetically while nodding their heads. Another asked me if I wanted to go ahead of her on line. So apparently the older female population were thinking that I wasn’t long for the world and was worthy of cutting them on the check-out line. Later that afternoon, I would find a waitress to be overly solicitous. I couldn’t believe the great service I was getting which prompted me to think I should have shaved my head sooner if this is all it takes to get good service. The rest of the week told a different story altogether. While covering a public hearing, I would notice the glance that I was getting from the crowd in the room. Young women in the 20-35 age range would smile at me; older women over the age of 60 would also smile. Men would stop and hold doors a bit more than usual. What was really surprising to me was the reaction that I was getting from women in the 40-60 age range. They were looking at me with overt
READING
No Guarantees: One Man’s Road Through the Darkness of Depression Chapter Fifty: Walking the Gauntlet By BOB MARRONE
Agoraphobia expresses itself in several ways. The obvious one, indeed the most written about, is a fear of wide open spaces so severe that individuals refuse to leave the house. Sadly, some never leave. Mine never got to this stage for a number of reasons: First, the level of agitation I experienced through the greater time frame of my illness provided a paradoxical gift; there was no more peace to be had by giving into the fear than there was going forward. I am grateful for this, now, but I do wonder if I would have found the extra courage needed to go out into the world each day
had my bed or home provided any solace. The other factor was that ever since I made the decision to live, and be patient, I also committed to being as functional as I could be. My agoraphobia evolved into fear of crowds, very wide open spaces and not being able to walk very far from my home or automobile. I was also unable to move my body quickly or even turn my head very fast without consequence of severe anxiety related vertigo. Having accomplished the first goal of overcoming my fear of driving on the highway, I thought about ways to deal with the above. At about the same time I began to feel a vague sense of dread about the annual Italian feast that would Continued on page 10
disgust. If one could read their minds and provide them with a thought bubble above their heads, it would read “ugh how can she be out in public looking like that”? Whether on assignment for the paper or just going about my daily business, the reactions were always the same. It seems that professional women want other professional women to fit into a stereotypical mold of what we should look like when we are out conducting business. We should always dress for success, always have our make-up impeccably done and we should always, always, have a full head of hair on our heads. I am definitely missing the latter. So after the reactions I had been receiving for the last two weeks, I was understandably nervous about attending a campaign event this week at the Doral Arrowwood in Rye Brook Village, New York. I could dress up my body and face but there was no hiding the fact that I had stubble on my dome. A few folks who had followed my head shaving experience online, laughed and Congressional candidate Joe Carvin
did what many people have wanted to do… he rubbed the stubble and said “at least you had the guts to do it”. Having guts is easy when you have a choice in the matter; going bald for me was a personal choice. To the many individuals who suffer from debilitating illnesses, there is no choice. Cancer treatments, drug interactions and alopecia rob people of their hair but it shouldn’t rob their dignity, as well. Most humans fall into the categories of kind and compassionate; I see that every day while out covering stories for The Westchester Guardian. There will however, always be those who thrive on cruelty and maliciousness. Those people will always be around as well, with hateful comments that roll a bit too easily off of their tongues. Hair grows back without much effort. Care and compassion for others however, seems to need constant cultivation in order to thrive. For more information about how you can support my bald little head and donate, here is a link for you to follow: St.Baldrick.org. Nancy King is a freelance investigative reporter; a resident of White Plains, New York.
Page 10
THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
READING
No Guarantees: One Man’s Road Through the Darkness of Depression Continued from page 9
come to 18th Avenue every year. It is actually the same traveling festival that you would associate with the San Gennaro feast that takes place every fall in Little Italy. The games and food vendors are the same. The only things different are the Saints whom each feast honors, and the local stores who put out sidewalk displays. Allow me, in the midst of this otherwise painfully reflective tome, to mention one of life’s great simple pleasures: The Italian “Sausage and Peppers” sandwiches served off the greasy, sizzling grills on those trailer carts. The Lord knows, there is no diet that can stand up to the sweet smell of these delights as it wafts though the neighborhood. My anxiousness came from the reality that all residents faced every year: Big crowds; no place to park for blocks and blocks; and the inevitable pressure from family and friends to
visit so that they can have a home base for “the feast.” At some point in the run-up it occured to me that I might use the feast as a tool to deal with several of my problems. I reasoned that If I could attend the festival each night, I could slowly and steadily...incrementally, if you will... walk through one crowded street and back on the first night, followed by an additional block each night, until I got up to the ten blocks, or so of the feast. A solid mile, I thought. As I walked up 71st Street, toward 18th Avenue, the bright lights, loud music and the sounds of the crowd intimidated me. The closer I got, the more imposing the scene became. Soon, I was immersed in a cacophony of sounds and a kaleidoscope of confusing images. With my head looking down at first, I edged through the crowd until I reached the yellow line that separates the two way traffic. I placed my right foot on the line, turned
right towards 72nd Street, brought my left foot around and began to walk. My heart pounded and the lights felt like daggers in my eyes as I lifted my head. My legs turned to rubber and I felt panic rush through me. Fortunately, I was able to fight off a full-fledged panic attack, even as I experienced sensations of incontinence and emptiness in my guts. The feeling, which I had come to know well, reminded me of why they call someone with no courage gutless. At least that was what I thought. What I did know for sure was that I wanted my whole life back. So I walked, one step at a time, making sure to force my gaze straight ahead. Every instinct was to pull my face away from the gaze of others, from the light, and from the crowd, and the distance yet to travel. It was very much like crossing a barrier at a great height; one does not look down for fear of freezing up. I did not dare give to the urge to look
down, as I felt I might not continue and would just run off to the side and curl up in a ball. I did reach the end of the block and back that first night. I returned full of sweat and somewhat shaken, but proud of my little venture. The following nights were filled with interesting punctuations. Sometimes someone I knew would call out my name, or ask if I wanted a zeppole or to chat. These moments would startle me and I would have to force myself to act “normal”. Nonetheless, I continued each night working myself up to the mile. Next up was my plan to overcome fast movements and my vertigo-like phobia. My daughter was now a toddler who loved going to the small amusement park where we lived, called Nelli Blyi. Most of the rides were for small children and I would place her on them and watch. But there was also a merry-go-round and a small whippy roller coaster. Each week, for a couple of summers, I would end our little trip by taking her on the merry-go-round,
then the roller coaster. These were major projects for me, especially the roller coaster. It was also hard on my returning ego. Here I was with this little girl, not quite four years old, and I was in mortal fear of the ride. I would hide the fear from her when we sat in the last car… this offered the hardest ride… and used the several minutes to desensitize myself. Eventually, I actually got to enjoy the ride, but not for a long time. I am happy to end this little chapter on a high note. It had been three years since I put on a pair of skates. But I felt I had reached a point where I could try once again to skate. Plus, my little girl was asking me to take her skating. One night, in the winter of 1978, I did. For only about fifteen minutes I stood up and skated long enough to break a sweat. No vertigo. No panic. No phobia. It was pure unqualified joy.
catbirds would come and eat butter out of the dish in front of us. Philip told me my house was the second oldest in Croton, and showed me how strangely it was built, with yellow clapboards outside and papered plaster walls inside, but between them a concealed solid wall of brick. “For further isolation, I had him fix me up a little study in the barn. And below the Osage orange tree I carved out from my rough acre of land an excellent tennis court--a little short for professionals, but with plenty of room for a hot game by first-class amateurs.” The house, at 70 Mt. Airy Road, was later bought by Dr. and Mrs. Daniel B. Salzberg, who added a second story. The venerable Osage orange tree survived until 1997, when it was blown down in a storm.
a combative mix of art and politics, for five years. Founded in 1911 by Piet Vlag, a bearded Dutchman more interested in consumer cooperatives than in social revolution or art, and financed by Rufus Weeks, an insurance executive. Weeks soon withdrew his backing. Lacking adequate financing, The Masses ceased publication in August 1912. The magazine’s desperate editorial board sent Eastman a brief note scribbled a sheet of paper to notify him of his appointment: “You are elected editor of The Masses. No pay,” was all it said. From the December1912 issue to 1917, The Masses was the focal point of everything that was alive--or irreverent--in American culture. With Eastman as its shrewd and perceptive editor, it featured brilliant artists and cartoonists like John Sloan, Stuart Davis, Boardman Robinson, Robert Minor and Art Young, and gifted writers like John Reed, Sherwood Anderson and Floyd Dell. Subsidized by wealthy patrons charmed by Eastman, the magazine became a genuine force in the radical movement.
Bob Marrone is the host of a Monday to Friday local morning talk show heard on WVOX-1460 AM radio.
CHRONICLES OF CROTON’S BOHEMIA
Max Eastman: A Life of Paradoxes, 1 By ROBERT SCOTT
Mabel Dodge was one of the first bohemians to venture north to Croton from Greenwich Village. Next to arrive was Max Eastman, radical journalist, prolific writer and romantic poet. Years later he would become the best known American intellectual to move across the political spectrum from far left to extreme right. In 1915, Eastman and his wife Ida Rauh were living in a sixthfloor walk-up on Charles Street in Greenwich Village when Mabel Dodge invited them to spend a week in the little white cottage she had rented on Mt. Airy Road in Croton. Eastman, a former graduate student and instructor in philosophy at Columbia, had married the beautiful and intelligent Ida in 1911. A son, Daniel, was born the following year, but by 1915 the marriage was foundering.
A Converted Cider Mill
Eastman, a country boy at heart, was attracted to a house in Croton and bought it, paying $20 against the purchase price of $1,500. Because
Max Forrester Eastman, the young Adonis who became editor of The Masses. the previous owner had died and the heirs were scattered, preparation of a deed took time. The agent encouraged Max to move in; he took possession on October 6, 1915. In his autobiography he later described how he “bought with my own money--and my father’s--a tiny house and barn at the crest of Mt. Airy Road in Croton. The house had four small rooms, one of which I turned into a bathroom, and it had an uncovered porch.” Max could now regularly visit Mabel Dodge at her cottage further
along Mt. Airy Road, although he had no romantic interest in her. He also ventured down to Harmon, where friends Eugen Boissevain, a Dutch importer, and his beautiful wife, suffragist Inez Mulholland, were living in the late Lillian Nordica’s house on what is now Alexander Lane. Here they took care of Crown Prince, a famous racing stallion belonging to her father. Max’s newly acquired house stood very close to the road, he recalled, “so that its front steps were almost like a horse block. But you could go around to the back porch and look down through a wild tangle of trees to the river.”
The Osage Orange Tree
“Beside the porch, and overarching it almost like a roof, was an Osage orange tree some twenty feet high, the only one I ever saw in our part of the world. I got Philip Schnell, Croton’s good-natured carpenter, whose benignly keen smile was as satisfying as the work he did, to make me a long oak dining table, heavy enough to live the year round outdoors on that roofless porch. “When weather permitted, the porch was the dining room, and the
America’s Most Famous Radical
Max Forrester Eastman was born in upstate New York in 1883, the son of two Congregational ministers. His mother, the first woman to become an ordained Congregational minister in New York, was assistant pastor at Elmira’s prestigious Park Church, and was asked to conduct Mark Twain’s funeral service. Max Eastman was the imaginative and creative editor of The Masses,
Death of The Masses
With war hysteria at its height in August of 1917, the New York postmaster rescinded the magazine’s Continued on page 11
THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
Page 11
CHRONICLES OF CROTON’S BOHEMIA
Max Eastman: A Life of Paradoxes, 1 Continued from page 10
mailing privileges. Without access to the mails, The Masses could not survive on newsstand sales alone. When the unsalable material was finally identified in court, it turned out to be two mild editorials and a half-dozen innocuous cartoons. Judge Learned Hand ruled for The Masses, but the forced interruption in publication had indeed made it unmailable. The last issue of The Masses was dated November-December 1917. Simultaneously, Eastman and six of the staff were indicted under the 1917 Espionage Act for conspiring to obstruct the draft. Jack Reed was
in Russia and another defendant had fled to Mexico. The indictment against poet Josephine Bell was dismissed after it was shown that she did not know any of her alleged co-conspirators. Undaunted, Eastman and his brainy and beautiful sister Crystal, also a Croton resident, began a successor magazine, The Liberator, with a first issue date of March 1918. Its circulation grew to 60,000, double that of The Masses, but it lacked its predecessor’s lightheartedness. Trial of the four remaining Masses defendants began in April of 1918 and lasted nine days, resulting in a hung jury. A second trial began in October,
enhanced now by the colorful presence of Reed, back from Russia. With the original attorneys unavailable, Eastman became the lead speaker for the defense. His threehour extemporaneous summation was masterly. Again, the result was a hung jury. The government wisely decided to forgo a third trial. Besides, the war was almost over, and the charges were moot.
To the Soviet Union
Divorced from Ida Rauh in 1922, Eastman sailed to Genoa, Italy, to attend a 29-nation conference to solve world problems. There he met charming and flirtatious Eliena Krylenko, secretary to Soviet Foreign Minister Maxim Litvinov.
Later that year he traveled to the Soviet Union to inspect the Bolshevism he had been praising from a distance but also in pursuit of Miss Krylenko. In the almost two years he spent in the new nation, he became friendly with Leon Trotsky and strongly supportive of him. Unable to leave Russia because his passport had expired (the U.S. did not recognize the Soviet Union), Max married Eliena Kylenko in 1924. He described it as “a marriage of convenience,” but it would last 32 years until her death in 1956. Her connections enabled the couple to leave for Europe, where he continued to write about the Russian revolution. After an absence of five years,
Max returned to America in 1927 with his Russian wife. He also brought with him the manuscript of a novel titled Venture about the formative years of radicalism between 1910 and 1917. Critics liked its robustness; Mabel Dodge loved it because the hero, reminiscent of Jack Reed, had a love affair with “a wise and charming woman”--a thinly disguised character much like herself. The taste-setting New York Times Book Review called Venture “a novel of ideas that stands well above the majority.”
of the Supreme Court Westchester County from 2000 to 2005, until his appointment to the Appellate Division in 2005 where he has continued to work to the present. The
Appellate Division hears appeals from the Supreme, County, Family, and Surrogate Courts of most of the counties in the southern tier of New York State, including Westchester.
Robert Scott’s account of Max Eastman’s long and productive life concludˆes next week. Robert Scott is a semi-retired book publisher and local historian, he lives in Croton-on-Hudson, N.Y.
SPORTS
Justice Dillon Runs Yonkers Half-Marathon down Nepperhan Avenue and South Broadway, and then cuts north to its point of origin at the Van der Donck Park at Larkin Plaza. The half-marathon is a total distance of 13.1 miles. Justice Dillon, age 52, finished the race in 1 hour and 52 minutes and 26 seconds which placed him in the top 40 percent of all runners of all the age groups participating and at the top 30 percent of all runners in the 50-59 age category. Justice Dillon sat in the trial level
YONKERS, NY – Justice Mark C. Dillon of the Appellate Division of the New York State Supreme Court, Second Judicial Department, competed in the annual Yonkers HalfMarathon held on Sunday, September 16, 2012. The course for the race runs north from the area about the Yonkers Metro-North Train Station, past Untermyer Park, to Farragut Avenue in Hastings-on-Hudson, then turns south parallel to the Saw Mill Parkway,
SPORTSSCENE
Sports Scene By MARK JEFFERS
Welcome to a crisp fall edition of “Sports Scene,” where we take a look at the great sports action here in Westchester County… Mike Arnstein, a 35-year-old Yonkers resident crossed the finish line first at the 87th Yonkers Marathon, with a time of 2 hours 35.10 seconds, Margaret Duggan from New Rochelle took home the women’s title with a time of 3:10:55. Congratulations and three cheers to Laurel Wassner and Jordan Jones who captured the hard earned Westchester Triathlon Championship. Westchester Country Club’s
Bruce Zabriski once again captured the Met PGA Senior Championship, firing a 1-under par 70 at Pine Hollow Country Club. Rye’s Max Buckley and Brewster’s Mike Miller shot a combined 1-over par to win the 52-team USGA state team championship, way to go guys… Stepinac point guard Josh James has picked Monmouth to shoot hoops for next year in college after being recruited by a number of schools from the Atlantic 10 and the MAAC including nearby Iona. Good luck to James Palumbo as he takes over the head soccer coaching reins from his Dad Joe at Somers High School. Let’s turn to some high school action, in volleyball; Alexis Demitrovic had six aces 17 assists and eight digs to lead Dobbs Ferry to a wild five-game victory over host Hastings. Ketcham defeated Peekskill 3 to 0 in another
thrilling match, Latisha Clark had nine digs and eight kills for the winners. On the gridiron, it was John Jay hammering Horace Greeley 43 to 7; Tyler Keech threw four touchdown passes. Tuckahoe came out a winner against Hastings 34-7; Shayeem Nixon rushed for 85 yards and scored three TDs. Over on the boys’ soccer turf, Lakeland defeated Lourdes 2-1, Gonzalo Prando scored both goals, the victory was coach Tim Hourahan’s 100th win. Yorktown beat Ossining 5-1; Kevin Fogerty scored a hat trick. John Jay-EF shutout North Salem 4-0, Johnny Law made five saves for the win. On the girls’ side, Blind Brook got by Valhalla 3-1, Sophie Loewenstein scored two goals. Suffern blanked Harrison 1-0; Alexa Rosen made 10 saves for the shutout. In swimming action,Mamaroneck Continued on page 12
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THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
SPORTSSCENE
Sports Scene
In the Boathouse Big Red Invitational cross country meet at Somers High School, Justin Zorn and Jackie Kreuger both from Somers took home first place finishes. In area college news, College of New Rochelle freshman Shanique Royce was named Hudson Valley Women’s Athletic Conference tennis rookie of the week. Also, freshman cross country runner Tayler Fisher and senior volleyball player Elizabeth Johnston were name to the Hudson
Valley Women’s Athletic Conference honor roll. Purchase College soccer team tied visiting Lehman 1-1; Junior Sanguina of White Plains scored the goal for Purchase assisted by Port Chester’s Andres Romero. Mercy College field hockey squad lost to Limestone 4 to 0. In more Mercy College news, the college recently unveiled its new athletic field, the Mavericks soccer, lacrosse, baseball and field hockey teams will use the
brand new field. Sound Shore Lacrosse is teaming up with House of Sports in hosting a adult lacrosse league for men over 30, games will be played at 9pm Tuesdays through Thursdays at the House of Sports in Ardsley starting October 9th. The regular NFL referees have retuned to work, so now I can sleep again at night… see you next time.
THE NEW YORK BULLETIN
conservatively valued at $900,000.00. “In Westchester, everyone gets a crumb,” one estate lawyer noted. But those associated with the “new” wishes of Berta Murray EACH received “crumbs” worth tens of thousands of dollars: 1. Attorney W. Rowland Miller of the Judy, Miller & O’Connor law firm in Scarsdale, who drafted the Will for Berta, and in which The Bank of New York is named as the new fiduciary, and who was then retained as the attorney for the fiduciary, The Bank of New York; 2. Attorney Samuel S. Yasgur, then of the Hall Dickler LLP law firm, and who was appointed by former Hall Dickler lawyer and then Judge Emanuelli to represent “unknown heirs”; and 3. Real estate agent Camille Paradise of Claire D. Leone Real Estate, who lived in Berta’s neighborhood, and who was the realtor that handled the sale of the house to court employee Keltz and her husband. Conflict? What’s a Conflict? “Judges and attorneys have an obligation to avoid even the appearance of impropriety,” observed one White Plains estate attorney who asked that his name be withheld, adding, “But that ethical requirement doesn’t apply here; every player gets their piece of the pie, that’s how court business is done in Westchester County.” He conceded that, “On its face, this doesn’t look good, a state-employed attorney, referee working in the Surrogate’s Court shouldn’t be purchasing a house from any estate her court is overseeing.” New York State Court employee Jody Keltz, according to state records, is still employed as an attorney for Westchester County Surrogates Court. New York’s Surrogate’s Courts are charged with insuring a high level of integrity in the administration of estate proceedings, and holding professional fiduciaries, such as banks, to a high set of ethical and performance standards. Berta’s estate hardly had an ethical
chance in the Empire State when you consider the estate of a Brooklyn gentleman, John Phillips. Estate Corruption Targeted Retired New York Judge Apparently, even the estates of retired, ailing New York judges are fair game for savage insiders who use a corrupted system to advance their desires; and especially if that estate is worth $10 million. Respected New York Judge John L. Phillips, became a ward of the court, and lived out his last days in an assisted living facility. His last days were controlled by corrupt insiders, and his property was “sold” at unpublicized auctions. Judge Phillips, 83-years-old when he died in 2008, was known as the “Kung-Fu Judge”, having earned the rank of 10th-degree black belt. But the judge would be no match for those controlling his wealth. “I’m 6 feet 1,” Judge Phillips once said. “I can kill you with my hands faster than you can believe, and I carry a gun. But I’m scared to walk the streets at night. How do you think black women feel?” After one real estate purchase, his admired beliefs led him to rename the century-old Regent theatre in Brooklyn to The Slave Theater, “so that no one would ever forget our struggles.” When Judge Phillips finally died, a courtappointed attorney-guardian, who forgot to file estate tax returns, remembered to write herself checks for $187,000.00. The lawyer, Emani P. Taylor, was ultimately ordered to payback $403,000.00 to the Judge Phillips Estate, and her conduct was deemed “egregious” by Judge Michael A. Ambrosio. Attorney Taylor has been suspended from the practice of law in New York State, and the social struggles voiced by Judge Phillips go on. Those who knew Berta Murray are still waiting for some long-overdue justice in how her affairs are finally settled.
Continued from page 11
swam past White Plains by the final score of 93 to 88. Bronxville/Tuckahoe defeated Eastchester 96-63 at Sarah Lawrence College. On the tennis courts, Ardsley blasted Mount Vernon 5-0 and Scarsdale shut out Hastings by the same 5-0 score.
In field hockey, Kennedy beat Hen Hud 1-0; Annie Cassale scored the lone goal. Mamaroneck crushed White Plains by the final outcome of 9 to 0, Sydney Segal, Rachel Brissette and Hannah Fitzgerald each scored twice for the winners. Let’s “run” over some cross country results, Mamaroneck ran by Eastchester 19 to 36. Rye came out a winner against Port Chester 24 to 37 and on the girls side, Rye also came up a winner against Port Chester.
New York Courts’ Dastardly Deeds The Departed: Resting in Peace or Spinning in Their Graves By KEVIN McKEOWN When 88-year-old Berta M. Murray died on August 12, 1997, she probably had not previously considered that the Scarsdale home built in 1928 by her father, and that had been in her family for decades, would soon be occupied by a New York State court-employed attorney who worked in the very same department charged with the duty to oversee the affairs of the deceased. The fact that an insider, who was a stateemployed attorney, had purchased Berta’s home was secreted from surviving relatives; and they weren’t too happy about the news. Though Berta has been gone for 15 years, questions remain as to exactly what happened with the transfer of the Murray real estate. Westchester Surrogate’s Court employee, attorney-referee Jody B. Keltz and her attorney-husband, Carl T. Peluso, of Peluso & Touger, in Manhattan, really liked that house at 168 Gaylor Road in Scarsdale, New York, so in they moved in the Spring of 1998. The two attorneys still call the 5 bedroom / 3 bathroom house, home. Public documents, and interviews with Berta’s relatives, provide a picture of how an insider came to own the deceased lady’s house. By all accounts, the Keltz-Peluso attorneys never knew Berta, and they had most likely never invited the elderly widow to their prior home located at 75 Third Place, in Brooklyn, New York. “It’s outrageous that a Surrogate’s Court lawyer bought Berta’s house,” said an 80-plus-year-old cousin of Berta, who never knew that Ms. Keltz was a lawyer in the Westchester Surrogate’s Court. “This stinks to high heaven, and I’m mad. It’s just not right, I don’t like this at all!” she
added. Surrogate Court attorney Jody Keltz subsequently became involved in the Brooke Astor estate proceedings, an estate worth nearly $200 million, and where the millions are still being divided. Bad New York History Repeating Itself The real estate deal by the Keltz-Peluso team is reminiscent of a Brooklyn Surrogate Court “arrangement” in 2002 where, the Village Voice described it as…, “Judge Scholnick’s clerk ‘…snatched up the 11-room brownstone…of 85-year-old Elsie Perry…in a move that would make Donald Trump proud…’” Honorably, Brooklyn Chief Court Clerk, George Crowley, refused to keep quiet, saying publicly that, “If I did this, I would expect to be fired. The whole thing was unethical…the judge shouldn’t have allowed it…” Brooklyn senior court official Crowley was so outraged by the cozy inside real estate deal that he took the highly unusual step of placing a note about it in the decedent’s Brooklyn Surrogate’s Court case file. But in the Westchester Murray-KeltzPeluso transfer, no such concern has ever been voiced or documented by the Surrogate’s Court Chief Clerks John Kelly or Joseph Accetta, or more importantly by their bosses. “Isn’t a Surrogate Court supposed to make sure everything is on the up-andup, and handled properly?” asked Berta’s cousin, adding, “I knew Berta over seventy years, and everyone knew she wanted that house to stay in the family.” Berta’s Dead; Enter the Vultures A review of Berta Murray’s estate file has an appearance that it is largely normal, according to legal experts engaged to analyze the Murray estate transactions,
and who are familiar with New York estate law, ethical obligations and the specific practices of the Westchester County Surrogate’s Court. However, they noted, the complete absence of any estate file “accounting” is quite unusual. And though not required, the name of Surrogate’s Court attorney-referee Jody B. Keltz is nowhere to be found in the estate file. A review of the property deed on file in the Westchester County Clerk’s office, however, memorializes the transfer of ownership of 168 Gaylor Road in Scarsdale, New York, from the “Estate of Berta M. Murray…by The Bank of New York…to Carl T. Peluso and Jody B. Keltz, his wife.” In a telephone conversation, a court employee confirmed that Ms. Keltz was still employed as an attorney in the Surrogate’s Court’s law department. When asked to comment about the Keltz property transfer, she advised that, “If you want to keep your job around here, you keep your mouth shut.” When asked her name, the telephone connection ended. An in-depth analysis, however, reveals some eyebrow-raising facts to experts, including that Berta’s last will was substantially different than her stated wishes as expressed to friends and relatives since her husband Elmer died in December of 1982. A nice “crumb,” if you can get it Berta’s estate file shows a relatively standard probate proceeding, but it is quickly observed that a bank, The Bank of New York, is the fiduciary. At the time of Berta’s death, the house was valued at $350,000.00, approximately one half of the total estate value of $742,968.00. Now, according to the Village of Scarsdale Tax Office, 168 Gaylor Road is
Mark Jeffers resides in Bedford Hills, New York, with his wife Sarah, and three daughters, Kate, Amanda, and Claire.
Learn more at www.TheNewYorkBulletin. com.
THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
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THE SPOOF
Mars Rover Transmits Photos of Martians Having Orgies By GAIL FARRELLY
No wonder the rover is called Curiosity! NASA was delighted to receive the racy photos, with one official proclaiming, “Some folks think this outer space stuff is just dull science. Wait till they get a peek at
these eye-popping photos. Whoopee!” Another NASA official declared the photos to be “terrific recruiting tools.” But conservative groups on Mars are outraged! “First those despicable Earthlings land here without being invited, now they’re exploiting us,” complained a spokesperson for one of the protesting groups. He continued,
“It’s not bad enough that they’ve corrupted their own planet, now they want to spread the filth.” “It’s criminal,” said one Martian lawyer. “Rover Curiosity didn’t even have the participants sign legal releases. And they haven’t indicated what percentage of the profits Martians are entitled to for magazine and movie deals.”
Of course not everyone is interested in orgies. For example, take the late Irish writer Maeve Binchy, who died on July 30 at the age of 72. In the NYT.com August 1 obituary (http:// is.gd/Iq1xAB), obit author Margalit Fox wrote that Binchy had told The Daily Mail of London in 2007 that she wouldn’t be writing about sex very
graphically. Her reason? “...I’m afraid I’ll get it wrong.” She admitted that she’d never been at an orgy and “... wouldn’t know where legs should be and arms should be.” Apparently Hugh Hefner knows though. Rumor has it that he’s already at work on a special Martian issue of Playboy. “The centerfold will be out of this world,” he’s reportedly promised. Learn more about The Farrelly Sisters - Authors: http://www.farrellysistersonline.com/ on the Internet.
EYE ON THEATRE
Glaring Contrast By JOHN SIMON
Any revival of an Ibsen play is welcome, even such a flawed one as, currently, “An Enemy of the People” by the generally more discerning Manhattan Theatre Club. This is an ill advised, indeed contraindicated, “new version” by Rebecca Lenkiewicz, whom the publicity material describes as a leading British playwright. Whatever she may be as a playwright—though her lead has not yet reached me—she is an objectionable adapter, whose presumptively modern, very British, language merely trivializes the play. But worse yet are her rewrites and omissions, which do further damage.
contamination, caused largely by a proximous tannery owned by Mrs. Stockman’s father, Morton Kiil. While they think him their ally, the townsfolk, led by the doctor’s very different brother, Mayor Peter Stockman, and the liberal newspaper, are all praise for Thomas. But when he reveals the contamination, and rectification would prove expensive, everyone turns violently against him, pronouncing him enemy of the people. This despite the baths having already caused serious infection. Bacteriology not having at the time been universally accepted, Dr. Stockman is not only an honest scientist, but also, like Ibsen, an advanced thinker. The unthinking, smug, so-called liberal majority is, for the playwright, the real enemy of the
Cast of “An Enemy of The People”. In case you need telling or reminding, the drama concerns what happens to Dr. Thomas Stockman and family when he reveals the truth about the new public baths that are to enrich the town. Scientific testing, arranged by the doctor, prove dangerous bacterial
people. Trouble here, is compounded by the staging. Dough Hughes, a usually good director, starts with a speeded-up, noisily hysterical tempo, and concludes with a slow, almost draggily, pauseriddled ending, the exact reverse of what the play calls for. And then there
is the casting. Boyd Gaines is a charming, lovable actor, but he is not Dr. Stockman. Too young, too boyishlooking, he is directed right off into a voluble hothead, which is all wrong. As his arrogantly antithetical brother, Mayor Peter Stockman, Richard Thomas comes off better, but he resorts to some stock melodramatic villain mannerisms, all but twirling an invisible mustache. Garry Bamann, as the foolish, self-important printer Aslaksen, steals most of the thunder. Randall Newsome is solid as the worthy Captain Horster, and John Procaccino is fine as the hypocritical newspaper publisher Hovstad. So too are James Waterston as the equally phony journalist Billing and Michael Siberry as the rascally tycoon Morton Kiil. Kathleen McNenny is effective as the gradually awakening Mrs. Stockman, and only Maite Alina, as the valiant daughter Petra, is much too nondescript John Lee Beatty’s sets and Catherine Zuber’s costumes couldn’t be more authentic; too bad that the Lenkiewicz adaptation isn’t anything like that. But Ibsen’s play, even manhandled, remains acutely timely and superior to most of what is around. Production photos of “An Enemy of The People” by and courtesy of Joan Marcus. The Manhattan Theatre Club performance of “An Enemy of the People” is seen at the Samuel J. Friedman Theater, 261 West 47th Street, New York, NY 10036. Ticket purchases are accomplished by telephone: (212) 239-6200 or (800) 432-7250, or by way of the Internet: Telecharge.com. The best of what is around is “Mary Broome,” a 1911 play by Manchester’s Allan Monkhouse, which the highly deserving Mint Theater Company of Jonathan Bank
Cast of “Mary Broome”. has blessedly mounted. As timeless as housemaid, Mary Broome. The scapepossible, it is downright astounding grace younger son, Leonard, a witty coming from an Edwardian writer, and seductive but amoral scrounger, the now barely remembered but gifted vaguely literary, lives exclusively from Monkhouse. handouts, chiefly from his family. We have here the story of a 1911 There is Edward, the pompous, granBritish bourgeois family, the Timbrells, diosely domineering patriarch, and who have an attractive, feisty Continued on page 14
Please stop by the Ardsley Community Center to pick up a registration form or email jlsonders@verizon.net to request one! Registrations are due by OCTOBER 7th! There are a maximum number of entries we can accept - act fast!
Join us at 2pm on Ardsley Day in Village Green to see the winner!
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THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
EYE ON THEATRE
Glaring Contrast Continued from page 13
his much more liberal and somewhat mysterious wife, Mrs. Timbrell, whom the author makes more universal by withholding her first name. Leonard has impregnated Mary, and the rest of the play follows the resulting consequences and tribulations over a couple of years. They include the forced marriage of Leonard and Mary, and much, much more. Involved also are Leonard’s conventional older brother, Edgar, and his wife, Sheila, decent but equally conventional, as are
also sister Ada Timbrell, and Mary’s amusingly lower-class parents, as well as some others, seen or merely heard about. What emerges is an absorbing comedy of manners, with the comedy serious as well as comical, and the manners mostly less than good. The admirably clear-eyed course judiciously eschews both temptations, toward obvious satire or facile melodrama. Cogently characterized are Leonard,a charming rotter not without a spark of perspicacity, and Mary, who after one misstep behaves with decency and sensibleness that do not get either idealized or sentimentalized.
Especially interesting is Mrs. Timbrell (splendidly enacted by Kristin Griffith), whose past and present are bathed in fascinatingly enriching ambiguity. Graeme Malcolm endows the blustering paterfamilias Edward with just the right shred of ineffectual humanity, and Mary’s homely virtues and passing frailty are embodied with staunch simplicity by Janie Brookshire. Lesser roles, under Jonathan Bank’s unfussy direction, are neatly handled, and Martha Hally’s costumes, like Amy Stoller’s dialect coaching, contribute laudably. Only Roger Hanna’s cartoonish sets are out of period and character, but happily
overlookable. In the difficult role of Leonard, Roderick Hill does a creditable job, where greater charm would have been helpful. All in all, though, “Mary Broome” sweeps away most of the current competition. Production photos of “Mary Broome” by and courtesy of Carol Rosegg Photography. The 1911 play by Manchester’s Allan Monkhouse, “Mary Broome”, is being performed at the Mint Theater, 311 West 43rd Street, New York, NY 10036. Ticket purchase is accomplished by calling the Box Office: (866) 811-4111, or by way of the Internet: www.MintTheater.org
John Simon has written for over 50 years on theatre, film, literature, music and fine arts for the Hudson Review, New Leader, New Criterion, National Review, New York Magazine, Opera News, Weekly Standard, Broadway.com and Bloomberg News. Mr. Simon holds a PhD from Harvard University in Comparative Literature and has taught at MIT, Harvard University, Bard College and Marymount Manhattan College. To learn more, visit the JohnSimonUncensored.com
LEAVING ON A JET PLANE
Between Dreamland and The Deep Blue Sea By BARBARA BARTON SLOANE
Ever consider that the road to happiness may not be a road at all? That point was driven home forcefully when I recently cruised four of the seven seas: Mediterranean, Aegean, Ionian and Tyrrhenian on the Silver Spirit, one of the vessels on Silversea Cruises, visiting ports from Malta to Elba and everything in between. Cruising the bottomless sea for ten blissful days, I often thought of a quote by Anais Nin: “I have no fear of depths but a great fear of a shallow life.” No chance of that! Life aboard this luxurious vessel with its myriad exotic destinations was exciting, inspiring and fun from start to finish. A nice introduction to what I might expect on my coming days at sea came in the form of a knock at my stateroom
Santorini, classically Thera and officially Thira, is an island in the southern Aegean Sea. door shortly after arrival. A tall, dark, handsome man dressed in tuxedo and tails greeted me with the words: “I will
The Maltese Dghajsas are an eye-catching feature of the array of local boats in the harbor.
be your personal butler on this cruise.” He went on to explain that, 24-7, I would be able to have meals delivered to my cabin, have restaurant reservations made, have clothing laundered – in short, my every wish would be his command. Oh yes, we’re off to a very good start! I began each day with either a brisk morning walk, a stretch class or yoga exercise precisely because after that I often chose to merely laze by the pool, then glide over to the Grill for lunch, and finally return to my lounge chair until pre-dinner cocktails. If, however, all that seems just a bit too decadent, take heart. Loads of engaging activities are offered throughout the day - and nighttime brings roulette-spinning in the casino and Broadway-caliber musical performances in the Show Lounge. There are ballroom dance classes, enrichment lectures, bridge tours, and the ever-popular Silversea
The Silver Spirit.
Quiz, a form of Trivial Pursuit where prizes are given to each day’s winner. A cute, fun game? Not so much. Instead, a competitive, blood-sport that happily ends in friends made – and LOL. I’m a spa kind of gal myself, so several times I visited The Spa at SilverSea – indulging one day in a Swedish massage, another in a deep conditioning Frangipani Scalp & Hair Treatment, and once - anticipating the night’s formal dress attire - having a Sun Glow make-up application. Each evening before dinner we trekked up to the Panorama Lounge for fabulous drinks and the music of pianist Alfredo, a most talented musician. No matter your song request, he could
Mount Etna, a dramatic backdrop to Taormina.
and did play it divinely. Soft music, dancing, and, waiting at my table, my perfect cocktail – a neat way to start the night! Dinners in any one of the five restaurants aboard Silver Spirit are invariably amazing and always accompanied by one of the ship’s 80 different brands of wine, all complimentary and all of fine quality. Sophisticated elegance, impeccable service - this line’s cuisine is consistently ranked among the finest at sea. One evening we decided to sample something called Hot Rock Dining – a sizzling BBQ dinner under the stars. The Pool Grill was transformed into a unique dining experience. We sipped wine while watching moonbeams kiss the sea - and then the real fun began. Our steaks arrived on heated volcanic stones - seared, sizzling, and bursting with aroma. We then continued to cook the meat to our individual degree of doneness. Our table of six concurred that this was way more fun than just saying “Medium Rare, please.” Here, There and Everywhere Our Port of Call destinations read like a compendium of one’s wish list, places I must visit before I, er…check out. We visited Malta and in Valetta, its capital, we rode in a typical Maltese boat, a dghajsa. A visit to St. John’s Cathedral dazzled as we gazed up at Caravaggio’s The Beheading of St. John the Baptist. In Crete, the largest of the Greek islands, we made our way to the Knossos Palace. I’d heard the myth that the palace was designed by the famed architect, Dedalos with such complexity that no one in it could ever find their way out. True to form, once inside I lost my group but finally, Continued on page 15
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THURSDAY, OCTOBER 4, 2012
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LEAVING ON A JET PLANE
Between Dreamland and The Deep Blue Sea
Continued from page 14
rounding a maze-like corner, voila my friends! Embarrassed, I feigned nonchalance saying: “Guys, I had the best experience. I just saw the King’s Chamber and his alabaster throne. Check it out!” The island of Rhodes perches on a bluff overlooking white-washed homes, narrow, cobblestone streets and the majestic Avenue of the Knights where such fabled gents once lived. We were glad to find a quiet, tree-shaded café where we escaped the mid-day sun before returning to the ship, to collapse by the pool and allow ourselves to be plied with rum punches. A Grecian blue sky above, marine blue Aegean below…quelle vie! Bodrum, Turkey is a famed resort, a spot in the southern Aegean that holds some of the country’s most
fascinating and diverse treasures and is a favorite haunt of the Turkish upper class. We went sailing on a traditional pinewood boat called a gullet to admire pretty coves on the peninsula and gleaming whitewashed houses covered in bougainvillea. The captain stopped the boat so we could snorkel the icy cold water. Worth the chill? Absolutely! What can one say about Santorini that hasn’t already been said? It is, quite simply, one of the most beautiful islands in the whole world and a photographer’s dream. Narrow, cobblestone streets, tiny shops, white and blue dwellings nestled in niches hewn into the volcanic rock, mansions painted in a spectrum of pastel colors. As I gazed down at the sea and our ship, miniscule on the horizon, I realized how lucky I
was to be on this special cruise. Taormina, Sicily,with mystical Mount Etna looming in the distance, has been a melting pot of every great civilization on the Mediterranean. The city rests on a terrace overlooking the sea and embodies the grand Corso Umberto, the Palazzo Corvaia, and the Cathedral of Taormina. We wandered down lanes bordered with bright flowers and browsed for local handicrafts in small shops featuring embroidery, intricate lace and colorful Sicilian pottery. During our visit, Europe’s most active volcano was quiet, insuring a happy, uneventful ending to our visit. In Elba, we climbed aboard a local bus to travel a few miles outside of town to visit Villa San Martino, Napoleon’s summer residence during
his 10-month exile; then on to Monte Capanne via a twisting road that provided magnificent vistas at every turn. We sat in a little piazza in the tiny town of Porto Azzurro, replete with flowers, shade trees and the ubiquitous gelato store, its frozen treats perfectly matching the pretty hilltop homes. Ah Napoli! A destination that no one ever forgets, Naples is at once lush, chaotic, scary, funny, confounding, intoxicating and very beautiful. We visited Castel Nuovo, the massive fortress of the 13th century with its sala dell’armeria (the armory) and glass floor revealing recent excavations of a roman bath from the Augustan age. Napolitanos have a favorite saying: il dolce far niente which translated means “the sweetness of doing nothing.” During my Silver Spirit idyll, I had much relaxation, to be sure. However, my Port of Call excursions offered countless absorbing activities and that, too, was dolce indeed!
If You Go:
Silversea Cruises www.silversea.com
Le Meridien Beach Plaza Hotel, Monte Carlo www.lemeridienmontecarlo.com
Always a good idea to arrive a day or two ahead of the cruise; if your vessel departs from Monte Carlo, do consider Le Meridien Beach Plaza Hotel, comfortable and conveniently located near to everything including the port! Photos by Michael Sloane and courtesy of Sloane Travel Photography. Photo of The Silver Spirit courtesy of Silversea Cruises. Travel Editor Barbara Barton Sloane is constantly globe hopping to share her unique experiences with our readers; from the exotic to the sublime. As Beauty / Fashion Editor she keeps us informed on the capricious and engaging fashion and beauty scene.
GOVERNMENTSection CAMPAIGN TRAIL
Latimer Campaign Asserts Cohen Campaign Reaches New Low with Deceitful Commercial WESTCHESTER, NY—Assembly Member George Latimer has filed a complaint with the Fair Elections Practices Committee (FEPC) against the campaign of his opponent, Republican Bob Cohen for blatant distortions and lies in recent TV commercial. The commercial, paid for by Bob Cohen’s Senate Campaign and produced by George Hudak’s Digiworks Media, portrays itself as a “man on the street breaking news update.” A reporter interviews “regular”
people on the street asking what they think of George Latimer. The problem is the Cohen campaign couldn’t find anyone upset with George Latimer’s record on taxes because George Latimer is the only candidate that has actually lowered taxes and has a plan to continue to lower taxes for Westchester Residents advise Latimer’s campaign associates. The people being interviewed on the street are not “regular people” on the streets, but Republican political operatives, including a state legislative
staffer. One of the people portrayed as a regular person is New York State Senator (Republican-Patterson) Greg Ball’s Chief of Staff Jim Coleman. And another is the wife of Terrence Murphy, a Republican Councilman from Yorktown, New York. “It is obvious that Bob Cohen and his campaign know they cannot win this race based on his positions, so they are resorting to dirty political games instead,” stated Campaign Spokesman Mike Murphy. “The facts are that
George is the only candidate that has actually lowered taxes for Westchester residents and has a plan to continue to lower taxes. Along with Governor Cuomo he successfully fought to end the MTA Payroll Tax for over 25,000 local small businesses and he currently has legislation to permanently end this burdensome tax and as Chair of the County Legislature he oversaw the single largest property tax cut in history.”
MESSAGE FROM THE MAYOR
Our Fire Department, the Story of Uniontown Hose Company #2 By PETER SWIDERSKI
In a second part of a four-part periodic series (which began back in May), we are stepping through the Hastings Volunteer Fire Department, a bedrock institution that helps define what we are as a Village. Our volunteer fire department is composed of your
neighbors; your friends. They’re at your house typically within three minutes of that horn blast we all hear, but yet most of us don’t know much about the four private companies that constitute our fire department (“companies” are what they’re called, and given that they’re private non-profit organizations, a fitting name). Every year, house fires are extinguished, people extricated from car
wrecks, lives saved, basements pumped and so much more done by a quiet, extremely well-trained group of volunteers with which you share this village and who do this 24/7 every day of the year for love of the Village and the Fire Department.
Department Overview
Hastings is served by 110 volunteer firefighters and EMS members
who are divided among the four private, independent companies (or “houses”), which comprise our department. The houses are located downtown on Warburton and next to the Community Center on Main, on Rose Street and on Euclid. (The ambulance corps is across from the Community Center.) While the Village government underwrites much of the expense associated with
running the houses and purchasing the equipment (or “apparatus”), the four fire companies are actually individual, separate private companies that (in all but one case) built and own their own firehouses, are responsible for their own budgets, and have their own, distinct group of volunteers associated with each house. Each house has its own chief (who is elected to that post), and an internal hierarchy that organizes the roughly 30 volunteers that Continued on page 16
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THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
MESSAGE FROM THE MAYOR
Our Fire Department, Uniontown Hose Company #2 Continued from page 15
each house has. On a two-year rotating basis, one of the chiefs serves as head of the department. The department is currently run by Chief James Sarfaty. When the alarm sounds, you hear the alarm blast (3 for ambulance, 5 for fire), and a signal is sent to the pagers carried by all the volunteers alerting them to the call. The drivers are first to the trucks and respond immediately. Other volunteers head either to the stations or directly to the site of the alarm. The trucks are on-site usually within 2-4 minutes of the call going out. Think about that for a moment: hundreds of times last year, the alarm sounded, and 25 to 40 volunteers dropped their dinner forks or dragged themselves out of bed or hung up on clients and raced off and you probably only registered the sound in the distance. Many of the alarms responded to are minor, and they return to dinner or sleep or clients. In those other moments, whether a gas leak or auto accident or actual fire, the hours of training and teamwork kicks in and the job gets done. In our last writing, we covered Hastings’ first company, Protection One. You can find that here: (http:// www.hastingsgov.org/Pages/
HastingsNY_Announcements/ I018B2A2E). Now, we cover the history of Uniontown Hose Company #2 at Rose Street.
Uniontown Hose Company Number Two
This company was chartered on August 21st 1899 by the mostly Irish families who lived in the area, in response to a house in the neighborhood that burnt to the ground before the hand-drawn cart of the Protection fire company could get there from downtown Hastings. The original house was a splendid twostory farmhouse originally located on High Street, between Prince and Rose. (There remains a debate about where the neighborhood name “Uniontown” comes from: I’ve heard one story that it referenced a battalion of Union soldiers that were encamped roughly where James Street is now while on their way to war. However, one of Uniontown fire company’s members was sure he had heard that when the Aqueduct was being built in the 1840’s, many of the laborers were from Uniontown, Pennsylvania and were encamped in the region. Both stories sound good to me.)
MAYOR Marvin’s COLUMN
The first vehicle (a hand-drawn two-wheeled cart) and its team made history in 1910 at the Yonkers race track when the crew pulled the cart 200 yards, laid 100 feet of hose, and then pumped water out of the hose within 44 seconds – a world record that stands to this day. The current firehouse’s cornerstone was laid in 1959 and it was constructed by the sweat and toil of the then-current members - a number of whom are still around and immensely proud of that. The land was purchased from the Aluisio family (an old Hastings name), and materials and guidance provided by Dave Questo of the Villard Construction Company. The house now boasts 35 active members ranging in age from 20 to 85 (yes, that’s right, 85, and remains active, may we all be so blessed). Two members (Matty Kavanaugh and Bruce Aluisio) have each served for over 50 years and are both still active. The house prides itself on its local, often blue-collar roots: ten members work for or in the village. The house’s main engine is a 2004 Seagrave Pumper.There is also a rescue vehicle (a 1979 Saulsbury body laid on a 1987 Pemfab frame), which is what’s used in car accidents, tree rescues, and any incident that requires the specialized rescue equipment it carries.
When some of the veteran members are asked to name their most memorable fire, they seem to unanimously point to a 1967 fire on Ridge Street that was triggered by a gas main explosion that sent flames up literally through the pavement. Four homes were destroyed before the gas company turned off the main and the fire department could get to the flames. The company suffered the loss of a member during another fire when Louie Cardullo, who was directed traffic at a fire, suffered a heart attack. The company is run by Chief Marty Gunther, Captain Bobby Simmons, Chairman Charlie Minozzi, Sec. lt. Justin Bottiglieri, and 1st Lt. Mike Neczesny.
Volunteering
We may support the department by our taxes, but there’s one way you can do more. You can consider joining the department. Volunteers are recruited from the community, and then undergo training. Over the course of the year, volunteers remain in good standing in the department by attending a minimum number of trainings, house meetings, and fire calls. The time commitment varies – but the best way to learn more is to reach out to Walter Stugis, who is responsible for recruiting (walter5454@optonline.
Over my term of office, many residents have inquired about the Village’s relationship to the Town of Eastchester and whether it is advantageous to be a Village within a Town. Still others have asked whether it is possible to become our own distinct governmental entity. The inquiries have multiplied significantly in the past year as residents face increasing tax burdens in a
Disaster Preparedness
It does appear that, so far, hurricane season has been kind to us and we have been largely spared the calamitous storm seasons of the past few years. The one that blew through a week ago knocked down a few trees and left a handful of homes without power for a day, but that’s relatively mild for us. However, there is always the next storm or other event to worry about. In acknowledgement of that reality, I took a page of high-level top-ten “be prepared” items of advice prepared by a local group and this last May asked a graphics class at the High School to turn it into something visually arresting to serve as a reminder. The best was chosen out of a field of close contenders and is attached (kudos to Billie White). Print it out and stick it on your fridge or that stack of to-dos to remind you of what needs to get done. Peter Swiderski is the Mayor of Hastingson-Hudson. mayor@hastingsgov.org.
GOVERNMENT
Defining the Political State of the Village of Bronxville By MARY C. MARVIN
net). If you have questions about the department, reach out to Chief Sarfaty (jsarfaty@hastingsgov.org) and he will make sure they are answered. Meanwhile, when you hear that horn sound, pause for a second to give thanks and a brief prayer for our volunteers’ safety. That horn sounds for you.
declining economy resulting in a more discerning eye as to the value for their tax dollars. It reached a crescendo this week following the publication of a most distressing audit of our Town-wide Fire District. Following soon after was the announcement that Westchester County continues to be the most highly taxed County in the country and Bronxville is the highest taxed entity within the County. Using the above as impetus, I researched the Town/Village
relationship as structured in New York State law. Towns encompass all territory within New York State except cities and Indian Reservations. Of the 932 towns in New York, 421 of them contain at least one village. Per New York State law, Village residents must pay town taxes, regardless of whether a town provides services to village residents within its jurisdiction. This tax structure was upheld by the New York State Court of Appeals using the following justification – “It
cannot be denied, however, categorically one might wish to view village boundaries that villages benefit indirectly, if not directly from Town services.” To support the Town of Eastchester government, last year Bronxville residents were taxed $1,102,831, comprising 31.09% of the Town-wide budget. This money may be used by the Town Board to pay our proportionate cost of a Town Supervisor, Justice, Elected Board, Assessor, Receiver of Taxes, Attorney, Engineer, Clerk
and Superintendent of Highways. Villagers also pay for upkeep of Town Hall, town traffic signals, town court, sidewalk construction, snow removal and liability insurance. Recreation programs set up on a town-wide basis are funded in the same way. Conversely, by law, the following expenses must be funded solely from taxes raised from residents who live outside the villages within a town: town building, planning and zoning activities, registrar of vital statistics, town police, town garage and town highway repair and improvements. However under Section 141 of the Highway Law, any expenses Continued on page 17
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THE WESTCHESTER GUARDIAN
MAYOR Marvin’s COLUMN
associated with any bridges having a span of five feet or more are required to be paid by the residents of the entire town as there is no statutory provision to the contrary. This provision will prove advantageous to the Village as we have several decaying bridges near the river and railroad tracks. The New York State Conference of Mayors has consistently argued that current law can result in inequitable treatment of village property owners with respect to the payment of
Page 17
GOVERNMENT
Defining the Political State of the Village of Bronxville Continued from page 16
THURSDAY, OCTOBER 4, 2012
town taxes. As example, by law, village taxpayers are exempt from paying for the repair and improvement of Town highways, yet they can be taxed for the purchase and maintenance of road machinery and the cost of snow removal on those same town highways. Our fire protection services are also taxed on a Town-wide basis with Bronxville paying $4,554,612 for fire services last year – again 31.09% of the overall budget. Our fire budget ranks near the top in per capita costs in New York State. The recent audit
of the Fire District by the New York State Comptroller’s Office was sent to all Village Trustees and the Village Finance Committee for review. For Bronxville to become its own coterminous Town-Village, a public petition under Article Five of the Town Law must be submitted to the County Legislative body. For the petition to be valid, it may be signed by any registered voter of the Town, whether a resident of the Village or not, but it must contain signatures totaling 5% of the total number of votes cast in the Town for the Office of Governor at the last gubernatorial
election, but not less than 100 signatures as a threshold. Upon receipt of the petition, the County Legislature must hold a public hearing and may only grant the petition with a two-thirds affirmative vote of its members. If granted, the next step is a Town-wide referendum with all Town residents eligible to vote with a simple plurality required for passage. If a town/village is created, it has no affect on the boundaries of any school district nor change the levy or collection of the taxes to finance the school district. Since the approximately 2,300
taxpaying entities in Bronxville pay over $14 million to the County, Town and Fire District before even addressing their Village taxes, it is not unreasonable to seek ways to reduce what is an unsustainable tax burden. I solicit and welcome your thoughts. Mary C. Marvin is the mayor of the Village of Bronxville, New York. If you have a suggestion or comment, consider directing your perspective by directing email to mayor@vobny.com.
POLITICS
Somers Supervisor Mary Beth Murphy Discusses the Town’s Future By RICH MONETTI
Mary Beth Murphy has been the town Supervisor of Somers since 1998. Presiding over the rural community of Norman Rockwell-esque stature, the serenity must obviously stand in the face of the typical challenges of any small town in Westchester. As she well knows, the first among them in the eyes of residents come due every April. “In Somers we do our best to keep town taxes at a minimum,” says the Republican Supervisor. She claims the $700 average assessment is the lowest in Westchester. No matter, the path to the lowest
Town Supervisor Mary Beth Murphy standing before Somers Town Hall. available burden is paved through partnering across local, county and state governments. “For instance, we partnered with 17 towns and villages
on the storm water mandate that has been placed upon us by the state,” she says. Nonetheless, taxes can’t really be discussed without making the mandatory tie to education. In this, the explosive growth of Somers High School square footage and infrastructure has had the town questioning its necessity as the student population has remained mostly static. About four years ago,” she said, “They did that in anticipation of a population bubble going through the schools that has now reached the eighth grade.” As significant as rendering onto Caesar is, she still puts another issue above all others. “There’s nothing more important than drinking water,” she
says, “because if you don’t have that your property is worth nothing – you can’t live there.” Looking back, she points to the once water contaminated area around Route 6, where the Somers Commons shopping area now resides. Aside from not being able to economically reenergize the old abandoned Baldwin Place Shopping Center for years, she said, “The homeowners who lived there were in limbo. They couldn’t move. They couldn’t do anything with their homes.” And still today, a pump and treatment system continues to run, but that relatively contained incident is dwarfed in comparison to the larger concern found in Fracking. “I personally feel
that before we can proceed there needs to be real confidence that we can protect the drinking water supply,” she says. Above the ground, though, the Somers downtown definitely suffers from a disconnect that only a car can bridge. “I have submitted a proposal as part of the economic regional development plan that would include more sidewalks,” she says. So maybe someday soon Somers will see cement connect the high school via a long dead railroad track to Brick Hill Road and then all the way down route 202 into the hamlet. “I think it would bring a real vibrancy to the town,” she says. Continued on page 18
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THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
POLITICS
Somers Supervisor Mary Beth Murphy Discusses the Town’s Future Continued from page 17
Of course, if the 19th century returns after a big storm everyone finds themselves in a deep sleep. Last fall and winter, the town was left dormant for stretches of up to a week as a result of fallen trees. Off numerous meetings with NYSEG, she says, “if you go around town you can see significant trimming of trees around circuits, and we continue to push toward getting them to upgrade their substations.”
Somers is no stranger to the larger global concerns of weather either. “The Somers Energy and Environmental Committee has been extremely active in drafting sustainable plans on aspects such as energy conservation, solar power, locally grown food, walk-ability and bike trails,” she says. She also points back to getting creative in regards to utilizing various governments and resources. “The town got a $350,000 grant from NWEAC and installed energy saving LED lights
in the schools,” she says. As good as that sounds, an initiative like this still has Somers face a taxpayer drain as a result of the Prevailing Wage Bill. Meaning for any municipal project, the town must pay the union wage regardless of who actually completes the job. Not really needing any words to express the frustration, she asserted that a 50 to 100% increase can often accompany the cost. On the other hand, quality of life advancements can come on the cheap
when such a high level of passion pervades among residents. “So many of the positive things that go on are done through volunteers who are just so passionate about a particular issue,” she says. The Angle Fly Preserve on Route 118 stands out in this regard. After an $87,000 grant was secured, about a hundred volunteers hacked away to create a trail system, helped build a composting bathroom and assembled a bridge to traverse a nearby stream. But she’s not ready to deconstruct the county government as per the
OP EDSection
ongoing conversation in Westchester. “There are aspects of the county government that are important to the way our economy works so I don’t think you can obliterate it,” she says. In this, Murphy circles it back again to partnerships. Collaborate and regionalize, she reiterates, “that’s where you see your savings and the way we all need to move.” Rich Monetti lives in Somers. He’s been a freelance writer covering Westchester County since 2003. Peruse his work at http://rmonetti.blogspot.com/
ED KOCH COMMENTARY
President Morsi Makes His Demand on the U.S. By ED KOCH
In a New York Times interview published on September 23, 2012, the new president of Egypt, Mohamed Morsi, makes his demand for a change in U.S. foreign policy if Egypt is to have a friendly relationship with the U.S. He states that the U.S. would have to give up “supporting Israel over the Palestinians.” President Morsi, in effect, was echoing the position of people in the Arab world: the U.S. must end its close relationship with Israel to have peace with them, a relationship which every president since Harry Truman supported. When the U.S. became the mediator between the State of Israel and the PLO, created by Yasser Arafat, the Palestinians recognized the existence of that special relationship. Notwithstanding its existence, they readily agreed to have the U.S. chair the negotiations. They and the Arab states knew that only the U.S. could get Israel to make concessions affecting its security when it was facing hostile Arab populations and Arab and Iranian armed forces vastly larger than its own that are at war with Israel. At the time the PLO had clauses in its Charter calling for the total destruction of the State of Israel. Those relevant clauses were ultimately revoked by the PLO and
Yasser Arafat, but they remain today in the Charter of Hamas which governs Gaza. The latter has been designated as a terrorist organization by the U.S., the European Union, the United Nations and Russia. It hopes one day to defeat the Fatah Party and its leader Mahmoud Abbas (Abu Abbas) in a general election to be held in both Gaza and the West Bank. The Palestinian Authority knows that only with the assistance of the U.S. would it be possible to achieve a final accord with Israel, because no other nation could induce Israel to accept an independent Palestinian state on the West Bank and Gaza threatening its very existence. Only the U.S. could provide the security assurances Israel needs to take the chance of allowing a Palestinian state to be created. Hamas defeated Fatah in an election in Gaza and then expelled Fatah from Gaza, leaving itself in sole control of Gaza. In its position of mediator, the U.S. has demanded that Hamas revoke its Charter demanding the elimination of Israel, give up violence, and accept all agreements previously entered into by Israel and the Palestinian Authority. It refuses to do so. If President Morsi has his way, the U.S. would no longer be Israel’s ally. If the Palestinian Authority were asked would it prefer the U.S. to abandon its efforts to establish peace and a final accord between the parties or continue to assist the parties as mediator while
maintaining its alliance with Israel, I have no doubt that it would opt for the latter. In the September 23rd New York Times interview, President Morsi said: “If you want to judge the performance of the Egyptian people by the standards of German or Chinese or American culture, then there is no room for judgment. When the Egyptians decide something, probably it is not appropriate for the U.S. When the Americans decide something, this, of course, is not appropriate for Egypt.” He and other Islamists, who believe in the use of terrorism to achieve their goals, demand that western civilization accept the Muslim philosophy that blasphemy, e.g., defaming the Prophet Muhammad, allows for deaths not only of Muslims but of others in western countries as well. When the Danish newspaper Morgenavisen Jyllands-Posten created cartoons of the Prophet Muhammad in September 2005, it caused violent demonstrations in the Muslim world, ending in 100 deaths and the bombing and burning of Danish embassies in some Muslim countries. Then there was the Fatwah or death warrant demanding the death of Salman Rushdie who wrote a book deemed by Muslim clergy to be blasphemous. More recently a Christian girl in Pakistan, whose job it is to sweep trash, was found with a burned Koran.
She has been charged with blasphemy. Many more situations exist where Muslim mobs rioted and in some cases killed to punish blasphemy, including episodes involving American soldiers in Afghanistan. While Muslim countries have the right to impose their laws and mores upon their own citizens, they do not have the right to impose them on others. We in the U.S. and other western countries treasure the right of free speech. Our relationship with Egypt has clearly changed. As President Obama has said, it is no longer an ally. Our relationship henceforth should depend on what they do with each passing day as it relates to the interests of the U.S. Any financial support we give them should be conditioned upon their actions. In his first foray into foreign affairs, President Obama delivered a speech in Cairo in June 2009 in which he sought a new beginning with the Arab world, “based on mutual interest and mutual respect.” The recent events in Egypt, including the election of an Islamist president, a leader of the Muslim brotherhood, and the sacking of the American embassy in Cairo, etc., have demonstrated the futility of his approach. President Obama should acknowledge this failure. For the U.S. the concept of free speech covers the rude, crude, false and the blasphemous. Our response to that which offends us is to criticize but not
to prohibit or seek by violence to deter. We will not surrender our most precious and fundamental right to those Islamists and others opposed to those democratic liberties who threaten us with violence and death if we don’t surrender. It is the view of many that the Islamists in the Muslim world who rioted, alleging as the reason the video made by an American provocateur which blasphemed Muhammad, were simply using the video as a pretext. Their intention was to celebrate the catastrophe of 9/11 by other acts of terrorism on the anniversary date of the original infamous act. I believe the hostility of Egypt’s president and government toward the U.S. is also the result of a decision by Egypt to recapture from Turkey the leadership of the Muslim world which it once enjoyed and was usurped by Turkey when it became Islamist and aggressively hostile to Israel. Will we have the resolve to stand up and protect the lifestyles and mores of western civilization now under attack by the Islamists in a war that can and will probably last for decades or will we ultimately surrender? I believe we will fight for our freedoms as we did in World War II and once again prevail. The Honorable Edward Irving Koch served as a member of Congress from New York State from 1969 through 1977, and New York City as its 105thMayor from 1978 to 1989.
THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
Page 19
CURRENT COMMENTARY
A Judge Wisely Puts Government Power In Check By LARRY M. ELKIN
Short of capital punishment, the power to lock up its citizens is the most awesome and potentially damaging power that any government possesses. Someone who is confined loses control over his own person. He is clothed and fed – or not – at his jailer’s pleasure. He can be forced to work, deprived of sleep, subjected to interrogation without end. He loses the freedom to decide where he will be. And, as the hours, days and years of a human life inexorably pass, he loses time – time that can never be recovered. This is why the power of confinement has been subject to limits in our legal tradition dating back eight centuries to the Magna Carta, which forced the English crown to recognize the right of due process. Our Founding Fathers included a provision in the Constitution that the writ of habeas corpus, by which a court can release someone who is wrongfully detained, cannot be suspended except “in cases of rebellion or invasion.” These limits hardly seem to burden our federal and state governments.With around 2.3 million people in prison, the United States has one of the highest, if
not the highest, rates of incarceration in the world – higher than Russia, higher than China, and far higher than other Anglo-Saxon democracies like Canada and the United Kingdom. Yet it is not enough. Like its predecessor, the Obama administration contends that the government needs to have the power to indefinitely detain U.S. citizens who are captured on U.S. soil without charge or trial – and under military, rather than civilian custody. All this is claimed in the name of the battle against terrorism. Against this assertion of unrestricted government might, a single federal judge has taken a courageous and principled stand in opposition. U.S. District Judge Katherine Forrest in Manhattan recently rejected the government’s request to stay her earlier injunction blocking the detention powers provided under the National Defense Authorization Act for 2012. Forrest had previously ruled that the provision in question, Section 1021(b) (2), violates citizens’ rights under the First, Fifth and 14th Amendments. But, as I write this, the government can still take you or me to an undisclosed location, based on its undocumented and uncorroborated assertion that we have acted in support
Letters to the Editor A “yea” decision is not ground Fracking office. breaking and/or dangerous.
No one can deny Fracking is a viable shot in the arm economically for southern tier localities in New York State; and, therefore, for the entirety of New York. No one can deny Fracking is working safely in every other state in the Union, as well as partially filling the void on the revenue side of the ledger. No one can deny New York as the last state to legalize Fracking can research all the data generated by the other states, including all the pitfalls and startup mistakes they have made. So why do we have to waste precious dollars reviewing a process that has been reviewed by us over the last four years, and by hundreds or thousands of “reviews” by the rest of the country? Paralysis by analysis makes no sense. Making a positive decision based on evidence of the profitable, on going, Fracking sites is not courageous. Governor Cuomo has made tougher decisions with less backup while in
Given all these positives and only one negative, environmentalists, and the governor, should give it a shot. Let’s “frack” our way onto a road to prosperity... with no real downside. Ed Krauss Scarsdale, NY
Whom Do We Believe?
Election day is only a few weeks away. Yet, how many of us are knowledgeable about what the candidates stand for? For example: Obamacare, how will it benefit us? How is it different from what we have now? Will seniors receive the same benefits they are receiving now? How much will it
of terrorism.This is because an appellate panel has granted the temporary stay that Forrest declined to issue, pending a decision on the government’s appeal of her broader ruling. The Obama administration’s lawyers have claimed that Forrest’s injunction could “impose entirely unjustified burdens on military officials worldwide” and that there was no risk of impending action against the plaintiffs in the case themselves, rendering the injunction unnecessary, whether temporary or permanent. Bruce Afran, a lawyer for the plaintiffs, observed that the government’s lawyers had to reverse their earlier position in order to make this claim. After Forrest’s original temporary injunction in May, government attorneys said they did not know whether the administration was currently using the detention provision. Afran said, “If the government is now arguing that stopping the practice would cause irreparable harm, it shows the administration was indeed using the law and violating the [earlier] injunction.” Chris Hedges, a Pulitzer Prizewinning journalist who served as the lead plaintiff in the case, said back in May that “The government lawyers, despite being asked five times by the cost? As for Mitt Romney, what is his plan? How will it differ from Obama’s plan? How much will it cost? Even if they explain everything in detail, and they should, whom do we believe? Unfortunately, political campaigns have been reduced to accusations; name calling and lies. The American people have been deprived of the truth. This has been our reward for our tax dollars. Tell us Mitt and Barack how you are going to change that? Barack promised change. What change have we seen in the last four years? Sincerely, George Imburgia New Rochelle, NY
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judge to guarantee that we plaintiffs would not be charged under the law for our activities, refused to give any assurances.”He added,“They did not provide assurances because under the law there were none. We could, even they tacitly admitted, be subject to these coercive measures. We too could be swept away into a black hole.” Forrest was absolutely right to restrain the government from invoking the draconian power to detain people without charge and without trial, particularly when the government could not articulate exactly what conduct would lead to such detention. Should we take the government’s word that this power would not have been invoked, say, to arrest the reporters and editors who published the Pentagon Papers? (As an interesting aside, former military analyst Daniel Ellsberg – best known for releasing the Pentagon Papers in 1971 – was one of Hedges’ co-plaintiffs in this case.) There is nothing in the law itself to prevent such an outcome. Section 1021 tries to retroactively justify indefinite detentions that were executed by the George W. Bush administration (and continued under Obama) in the wake of the attacks on Sept. 11, 2001. Congress approved an Authorization for the Use of Military Continued on page 20
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THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2012
CURRENT COMMENTARY
A Judge Wisely Puts Government Power In Check Continued from page 19
Force shortly after 9/11, and that ambiguous authorization was later cited by both the Bush and Obama administrations as justification for the detentions at Guantanamo Bay and elsewhere. Section 1021 states that “Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for the Use of Military Force… includes the authority for the Armed Forces of the United States to detain covered persons…pending disposition under the laws of war.” It goes on to identify “covered persons” as “A person who was part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.” Forrest observed that the government was “unable to provide a definition” for key phrases in the section, including “substantially supported” or “directly supported” in context of al-Qaida, the Taliban or “associated forces.” The government has trotted out the excuse that governments always trot out when they want restrictions on their powers lifted, which is that extreme times call for extreme measures.This is the same excuse that was used to justify the internment of Americans of Japanese descent during World
War II. In hindsight, such justifications never hold water. Forrest herself wrote, “Although it is true that there are scattered cases – primarily decided during World War II – in which the Supreme Court sanctioned undue deference to the executive and legislative branches on constitutional questions, those cases are generally now considered an embarrassment.” Her decision is a victory for civil rights and civil liberties. In a way, it is also a victory over the perpetrators of 9/11, because by baiting our government into abandoning some of its central principles, the terrorists would achieve through fear that which they could never achieve through force. They make us a less free people. Our courts don’t weaken our defenses against tyranny and terror; they are a key part of our defenses. Let’s hope the appellate judges who will review Forrest’s decision share her wisdom and fortitude.
Larry M. Elkin, CPA, CFP®, president of Palisades Hudson Financial Group a fee-only financial planning firm headquartered in Scarsdale, NY. The firm offers estate planning, insurance consulting, trust planning, cross-border planning, business valuation, family office and business management, executive financial planning, and tax services. Its sister firm, Palisades Hudson Asset Management, is an independent investment advisor with about $950 million under management. Branch offices are in Atlanta and Ft. Lauderdale. Website: www.palisadeshudson.com. Commercial • Industrial & Residential Services Roll-Off Containers 1-30 Yards Home Clean-up Containers Turn-key Demolition Services
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