PRESORTED STANDARD PERMIT #3036 WHITE PLAINS NY
Vol. IV NO XLXXX
Westchester’s Most Influential Weekly
Thursday, Deember 9, 2010
leaving gotham
behind
2000
Roger Witherspoon, Page 5
MEGAWATTS UP FOR GRABS MERRY CHRISTMAS www.westchesterguardian.com
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The Westchester Guardian
Of Significance Arts & Entertainment................................................................2 Calendar.....................................................................................3 Energy Matters...........................................................................3 Government...............................................................................6 Legal...........................................................................................9 Letters.......................................................................................13 Movie Reviews.........................................................................13 OpEd........................................................................................14
THURSDAY, DECEMBER 9, 2010
ARTS AND ENTERTAINMENT
Bargemusic
New York City’s Floating Concert Hall By Barbara Barton Sloane When you walk across the gangplank of a renovated coffee barge into a wonderfully intimate wood-paneled room with excellent acoustics and thrilling views of lower Manhattan, you’ll experience why critics call Bargemusic “the perfect chamber-music hall” and why artists say it is “unlike any other place in the world to perform.” Moored in Brooklyn just under the Brooklyn Bridge, renowned musicians play masterworks here year-round.
Shifting Gears..........................................................................15 Spoof.........................................................................................16 Sports........................................................................................17 Truth and Justice......................................................................18 Legal Notices............................................................................18
Westchester’s Most Influential Weekly
Guardian News Corp. P.O. Box 8 New Rochelle, New York 10801 Sam Zherka , Publisher & President publisher@westchesterguardian.com Hezi Aris, Editor-in-Chief & Vice President whyteditor@gmail.com Advertising: (914) 632-2540 News and Photos: (914) 632-2540 Fax: (914) 633-0806 Published online every Monday Print edition distributed Tuesday, Wednesday & Thursday Graphic Design: Watterson Studios, Inc. www.wattersonstudios.com
www.westchesterguardian.com
Founder Olga Bloom was 57 years old in 1976 when she gave up her career as a violinist to create Bargemusic. For her “floating concert hall,” she chose a 100-foot steel barge that had been built in 1899 and had served much of the last century as a working vessel in the New York harbor delivering sacks of coffee. Back then the barge was a somber green; it is now painted bright white. Olga explains that “our audience and supporters are the strong towboats pulling us along in our destiny – as are the fine artists from all over the world who perform here, and our brave, strong captain (director) Mark Peskanov, who programs our mystical endeavor.” Happily, now this boat’s cargo is simply beautiful music. Celebrate Christmas Eve at Bargemusic with Bach’s Goldberg Variations, performed by pianist Steven Beck. Enjoy complimentary sparkling apple cider and an assortment of cookies and chocolates. 8pm, $75. For reservations call 718-624-2083. 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.
Bedford Chamber Concerts Perform Beethoven’s Violin Concerto in D and Vivaldi’s Four Seeasons By Barbara Barton Sloane
Bedford, NY -- Wednesday, December 15 at 8:00 pm, Bedford Chamber Concerts will present a program including some of the finest works written for violin. Renowned musician Anthony Newman and the Bedford Chamber Ensemble will be joined by violin soloist Sean Lee and Yon Kwon performing these works. The concert will take place in the Fellowship Hall of St. Matthew’s Church, 382 Cantitoe Street in Bedford. Refreshments are served during intermission and are included in the $40 ticket price. For ticket reservations call 914-522-5150.
Violinist Sean Lee
The Westchester Guardian
CALENDAR
Christmas Service Schedule for United Lutheran Church at The Wartburg Adult Care Community
Mount Vernon, NY -- United Lutheran Church of Mount Vernon will be offering Christmas services for the community. Pastor Carol Fryer welcomes all to a Service of Lessons and Carols for Advent on Sunday, December 19, 2010, at The Wartburg’s Chapel/United Lutheran Church at 10:15 am. A Christmas Eve celebration will be offered in The Wartburg Chapel at 7 pm on Friday, December 24. On Christmas Day, Saturday, December 25, a Celebration of the Nativity of our Lord will take place in the 3 West Dining Room of Waltemade on The Wartburg Adult Care Community campus. On Sunday, December 26, 2010, a Service of Lessons and Carols for Christmas will be offered 10:15 AM. For more information about United Lutheran Church, located at 500 Bradley Avenue, Mt. Vernon, NY 10552, call (914) 664-4434. The Wartburg is conveniently located off Exit 12 of the Hutchinson River Parkway near the Pelham/Mount Vernon border. For more information about The Wartburg Adult Care Community, please call (914) 699-0800, email info@thewartburg.org or visit www.thewartburg.org
ENERGY MATTERS
Leaving Gotham Behind: 2000 Megawatts up for Grabs By Roger Witherspoon Entergy Nuclear has dropped its share of electricity supporting New York City and Westchester County to about 4 percent of the area’s power needs while selling increasing portions of its juice in
an open market stretching from Maine to Delaware. The company is spending millions of dollars on an extensive campaign to convince the public that the region would
THURSDAY, DECEMBER 9, 2010
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The Westchester Guardian
THURSDAY, DECEMBER 9, 2010
ENERGY MATTERS THURSDAY, APRIL 8, 2010 Leaving Gotham Behind: 2000 Megawatts up for Grabs suffer if the nuclear plants at Indian Point were shut and its 2,100 mega-
Justin McCann, senior industry analyst for Standard & Poor’s
watts were withdrawn. Simultaneously, however, Entergy is withdrawing all but 560 megawatts and is selling the rest elsewhere through the interconnecting New England, New York, Mid-Atlantic, Quebec and Ontario power grids. In its search for the highest profit margins, industry analysts and power
operators say Entergy may well opt to sell nearly all of its electricity from Indian Point 2 and 3 in Buchanan to customers outside the New York City/Westchester County service area. And because of the success of the wholesale power markets and transmission networks run by the nonprofit Independent System Operators, the absence of Indian Point’s megawatts has no effect on the region’s electricity needs or power system reliability. “Whether or not Entergy is going to phase out of New York City and Westchester entirely is an open question,” said Justin McCann, senior industry analyst for Standard & Poor’s Equity Markets. “If you look at Gov. Cuomo, there is a hostile political environment, so there is going to be a tension here and how that is going to play out, I have no idea. “But they will go wherever they see the best market.” Entergy bought the Indian Point 3 and James A. FitzPatrick nuclear power plants from the New York Power Authority in 2000, and Indian Point 1 and 2 from Consolidated Edison in 2001. At that time, Con Ed was getting out of the power generating business and
Mission Statement
The Westchester Guardian is a weekly newspaper devoted to the unbiased reporting of events and developments that are newsworthy and significant to readers living in, and/or employed in, Westchester County. The Guardian will strive to report fairly, and objectively, reliable information without favor or compromise. Our first duty will be to the PEOPLE’S RIGHT TO KNOW, by the exposure of truth, without fear or hesitation, no matter where the pursuit may lead, in the finest tradition of FREEDOM OF THE PRESS. The Guardian will cover news and events relevant to residents and businesses all over Westchester County. As a weekly, rather than focusing on the immediacy of delivery more associated with daily journals, we will instead seek to provide the broader, more comprehensive, chronological step-by-step accounting of events, enlightened with analysis, where appropriate. From amongst journalism’s classic key-words: who, what, when, where, why, and how, the why and how will drive our pursuit. We will use our more abundant time, and our resources, to get past the initial ‘spin’ and ‘damage control’ often characteristic of immediate news releases, to reach the very heart of the matter: the truth. We will take our readers to a point of understanding and insight which cannot be obtained elsewhere. To succeed, we must recognize from the outset that bigger is not necessarily better. And, furthermore, we will acknowledge that we cannot be all things to all readers. We must carefully balance the presentation of relevant, hard-hitting, Westchester news and commentary, with features and columns useful in daily living and employment in, and around, the county. We must stay trim and flexible if we are to succeed.
concentrating on being solely an electric transmission company. In that capacity, it delivers all of the electricity used in the New York City/Westchester section of the state’s power grid. Con Ed’s transmission lines carry some 9,000 to 13,000 megawatts of electricity during peak periods, with the highest usage occurring during the hottest days of summer. The 2000 megawatts provided by the twin reactors at Indian Point accounted for 22% of that energy mix in winter and 15 percent in the summer. Under terms of the separate sale agreements, Entergy contracted to sell all of the power from Indian Point 2 to Con Ed, and all of the power from Indian Point 3 to NYPA. But these contracts were not open ended. The power markets were deregulated in 1999, just a year before the sales occurred, and how well the networked wholesale markets would work was still more theory than fact.
Fact Sheet 1 - Indian Point Electricity
Q: How much electricity do Indian Point 2 and 3 produce? A: According to Entergy’s annual report for calendar year 2009, Indian Point 2 produces 1,028 megawatts of electricity and Indian Point 3 produces 1,041 megawatts. Q: How much electricity is used in the New York City / Westchester County service area of the NY State power grid? A: New York City and Westchester County use 9,000 to about 13,000 megawatts of electricity during peak periods daily, according to Consolidated Edison, which transmits all of the electricity. The lowest use is in the winter, the highest in the summer. Q: What percentage of the area’s electrical needs was met by Indian Point when it sold all of its power to Con Ed and NYPA? A: The percentage ranged from about 22% in the winter to 15% in the summer. Q: What percentage of the area’s electrical needs is met by Indian Point now? A: The 560 megawatts contracted to Con Ed and NYPA amount to 6.2% in the winter and 4.3% in the summer. Q: Entergy claims Indian Point provides up to 40% of the electricity used in the New York City/ Westchester County grid. How do they arrive at that figure?
Locking up Indian Point’s electricity at a set price point for at least five years was deemed a prudent measure for Con Ed and NYPA to take as the free market system evolved. Entergy’s contract with Con Ed required Indian Point 2 to provide 1,000 megawatts through 2009. The output fell to 875 megawatts through 2010, and drops further to 360 Megawatts for 2011 and 2012, according to Con Ed spokesman Chris Olert and the company’s 2010 Annual Report. NYPA’s contract with Entergy for 2009 through 2013 secures just 100 megawatts from Indian Point 3 and 100 from Indian Point 2. The current contracts with NYPA and Con Ed, therefore, drop Indian Point’s contribution to the region’s electricity needs to just 6.2 percent in winter and 4.3 percent in the summer. For NYPA, replacing that drop of 800 megawatts was not an obstacle, said spokesperson Connie M. Cullen. Continued on page 5 A: Energy use is based on the peak, or maximum load of the day when people are actually using electricity. For Entergy’s 40% claim to be accurate,electricity usage in New York City and Westchester would have to fall to only 5,000 megawatts. Con Ed reports that the energy load drops to that level between 3 AM and 5 AM, Sunday mornings, about three times in the late spring and three times in the early fall when it is too cool for air conditioning, too warm for electric heaters, and the city sleeps. During those isolated periods the 2,000 megawatts from Indian Point – if it were all used in the region – would comprise 40%. Q: Is it legitimate to use the exception – when everyone sleeps – to calculate Indian Point’s value to the regional power grid? A: No. The industry’s buyers and providers base their contracts on maximum projected electricity use, not the occasional exceptional circumstance. If it were legitimate to use the exception, when most electrical systems were turned off, it would also be legitimate to claim that the most consistent power source in the region is the Eveready Bunny, whose batteries powered flashlights throughout the New York City/ Westchester County grid during the 2003 Blackout.
THURSDAY, DECEMBER 9, 2010
The Westchester Guardian
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ENERGY MATTERS
Leaving Gotham Continued from page 4 “It was not difficult,” Cullen said. “NYPA follows an established procurement process where we issue a request for proposals from electricity suppliers, receive bids, evaluate them, and then enter contracts. It is a well established process.” It needs to be. Both NYPA and Con Ed purchase power wholesale and then sell it to residential, business and municipal customers. NYPA, which has its own hydro electric plants upstate, provides some 2015 megawatts of power to the region daily. According to NYPA, that breaks down to 115 megawatts for Westchester County municipal customers, government buildings, and Westchester airport; and 1,900 megawatts for New York City’s government buildings and operations, the city Housing Authority, Metropolitan Transit Authority, state buildings, LaGuardia Airport, and the Jacob Javits Convention Center. JFK Airport has its own power generation. Continued on page 6
Fact Sheet 2 - State and Local Power Distribution
Q: How much electricity is generated in the state? A: According to the New York Independent System Operator, which runs the power grid, total electric power generation in the state is 37,416 Megawatts transmitted over 10,877 miles of high voltage lines. Q: How much electricity is generated in the New York City/ Westchester power section of the grid? A: The NY ISO reports there are 11,087 Megawatts of generating capacity in this region. Q: What were the peak electric load forecasts for 2009 and this year? A: The NY ISO reported the projected peak usage for 2009 was 33,425 Megawatts though the actual peak reached just 30,844 Megawatts. The projected peak this year was 33,025 Megawatts. Q: How has the price of electricity changed in the wholesale marketplace? A: The average annual cost of electricity in 2008 was $95.31 per megawatt/hour. In 2009, the average annual cost of electricity was $48.63 per megawatt/hour. Q: How does the cost of natural gas affect the price of electricity generated by nuclear power? A: Natural gas sets the market price in the day-ahead and spot markets, which are calculated every 5 minutes. Nuclear power comes in at a lower cost than natural gas and the difference is the profit earned by the nuclear operator. Q: Why has the price of natural gas fallen so sharply? A: The relatively new practice of hydraulic fracturing has opened up vast amounts of gas previously locked in tar sands and oil shale. There is more recoverable gas than there is demand, so the price fell.
Q: How much of the electricity generated in New York is sold in the markets and how much is sold under long-term contracts? A: About half the electricity generated in New York is sold under long term contracts to distributors such as Con Ed and NYPA, or to individual users like Fordham and New York Universities, and the Metropolitan Transit Authority. The remaining 50% is sold on either the day-ahead, or the spot markets. Q: Must the electricity made in New York be sold to companies or distributers within New York? A: No. The NY ISO is connected to ISO New England, the Pennsylvania-Jersey-Maryland ISO encompassing the Mid-Atlantic states and, in Canada, the Ontario ISO and the Quebec Provincial Utility. Electricity can be sold in the day-ahead and spot markets, or long term contracts made to clients throughout the network. Q: What does Indian Point primarily rely on: long-term contracts or the markets? A: According to an analysis by Standard & Poor’s Entergy has contracts for 90% of Indian Point’s electricity this year; 95% of its output in 2011, 76% of its output in 2012, 31% of its output in 2013, 25% of its output in 2014, and 15% of its output in 2015. Locally, Indian Point is contracted to provide NYPA with 200 megawatts through 2013. It is contracted to provide Con Ed 875 megawatts through the end of 2010, and 360 megawatts through 2012.
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The Westchester Guardian
THURSDAY, DECEMBER 9, 2010
ENERGY MATTERS
Leaving Gotham Behind: 2000 Megawatts up for Grabs Continued from page 5 Con Ed, on the other hand, has its own residential and non-government business customers, delivering 9,000 to 11,000 megawatts to some 345,000 Westchester and 2.8 million New York City residents. Entergy’s individual contracts are not a matter of public record and the company may be selling electricity to large clients in this region. But their contention that it is the electricity from Indian Point which keeps the subways running, La Guardia Airport operating, and the lights on at City Hall are no longer valid. The disclosure that Entergy has quietly shifted its electricity elsewhere prompted an angry response from Gary Shaw of the Indian Point Safe Energy Coalition, which is comprised of several non-profit organizations seeking to block relicensing of the plants. “We have known for a long time that Entergy has no credibility,” said Shaw. “But this new revelation is a factual contradiction of their contention that Indian Point’s output is vital to our region. “Many New Yorkers ask how we would replace 2,000MW from Indian Point. Entergy has already answered that question by selling their power elsewhere and letting the market fill the void. It is now crystal clear that
we don’t need the electricity from Indian Point and can concentrate on shutting it down in an orderly way.” Kenneth Klapp, spokesman for the New York ISO, said large power generators like Entergy have two options for their product. “They can sell electricity in the wholesale markets we operate,” Klapp explained, “or bilaterally by themselves to a load serving entity – which is a transmission company like Con Edison or a large individual customer. “In New York State, 50% of the energy sold is bilaterally through contracts and the other half goes to either of the two markets we operate: the dayahead market, which gets the majority of the traffic; and the real time, spot market which is dispatched every five minutes. We have 300 market participants in New York. But providers like Entergy can bid into other markets as well.” By participating in the New York ISO, Indian Point is in an expanded marketplace provided by the ISO New England, Pennsylvania-Jersey-Maryland ISO, the Ontario ISO and the Quebec Provincial Utility. In the current, volatile energy marketplace there are good reasons for Entergy to shop around. Standard & Poor’s McCann said “the spot market at this time is weak. If you look at the market now for next July, the prices are between $47 and $48
dollars a megawatt/hour. And the prices will be lower in 2011. “But Entergy has contracts for 90% of their output through the end of this year and throughout 2011 at $57 per megawatt hour. For 2012 they have already contracted 76% of their output at $50; for 2013 they have sold 31% at $49; for 2014 and 2015 they have sold 25% at $51. It is prudent for them to lock in prices at this time.” It is equally prudent for Con Edison and NYPA to reduce their dependency on Indian Point’s electricity at a time when their nuclear plant operating licenses are expiring and their long term future is still not decided. Part of the reason the electricity from Indian Point has been considered so vital to the New York City /Westchester electric infrastructure is due to widespread misunderstanding of the term “baseload electricity.” The use of that term by nuclear industry proponents usually implies that it is an essential foundation on which regional electricity needs are built. That is not the case. “We have three classifications of electricity providers,” said Ellen Foley, spokeswoman for ISO New England, which includes Entergy’s Vermont Yankee and Pilgrim nuclear plants in its energy mix. “Baseload plants typically run all of the time. Intermediate plants can go on and off, or increase and decrease their
power in a short period of time. The peak units can be turned on or off in 10 minutes and are used – as their name implies – in periods of very high demand. “It can take a couple of days to power up a nuclear plant. If that changed, and they had more flexibility and could power up and down in a short time, they would be considered intermediate just like hydro or natural gas.” Nuclear power is considered baseload because, when compared to other forms of power generation, they have an inferior on/off switch. Since they have to operate at full capacity, Foley said, “Typically what they will do is sell their output through contractual arrangements to stay on line at their maximum level. With Vermont Yankee, there is no way to know how much of their power stays in Vermont and how much goes elsewhere. More than likely, they are running and selling their power throughout New England.” While the market place is wide open and constantly evolving, some things do not change. “Entergy can sell electricity wherever there is a buyer,” said McCann, “but it cannot produce it wherever it wishes to. Physically, they are here. These people will negotiate for every nickel and dime, but I can’t see them abandoning Indian Point.” Roger Witherspoon writes Energy Matters at www.RogerWitherspoon.com
GOVERNMENT
Past Tax Abatements are Now Coming Back to Hurt the Taxpayers By Peggy Godfrey
The three Republican Councilmen in an amicable way posed many thoughtful questions over the New Rochelle 2011 City budget. Only a few days prior to the City Council meeting on November 30, the four Democratic majority members of the City Council had proposed to reduce the projected 3.9% tax increase to 2.7%.. Their suggested changes included increasing parking fees in the New Roc garage from 75 cents to one dollar per hour to achieve $400,000 in extra revenue. A second proposal postulated borrowing $700,000 for the 2011 certiorari payments emphasizing that the interest rates now are low. Third
was a request for a higher PILOT from the City Marina and a new fund to support community events. Republican Councilman Lou Trangucci asked why the contracted services budget had increased. Commissioner of Finance, Howard Rattner said the budget was overextended due to certioraris and small claims, adding, “We must defend ourselves.” When Trangucci asked about the increases in other contracted services, the answer was the costs of the Planning Board minutes, the $40,000 salary of the Sustainability Coordinator, and the $52,000 for the downtown business coordinator, Ralph DiBart. The city was advised the $52,000 was no longer allowed as a Community Block Grant.
The backlog of open building permits was a concern, and there are apparently roughly 2,000 such open permits. Since properties are not assessed on new work until after the work is completed this could result in a net revenue of $150,000. Trangucci suggested a part time worker could be hired for $30,000 to close these permits and increase the city’s revenue. The cost of police protection for New Roc was questioned by Republican Councilman Richard St. Paul. He suggested that no other development had been given specific police protection and wanted to know how much money was dedicated toward policing the area. Continuing, St. Paul asked about revenues received from the New Roc area. Commissioner Rattner said
businesses and “pop corn” in the theaters generated sales tax. There is a debt service on the garage and St. Paul felt a “licensing fee” possibility for this “unique” entertainment center. The answer given was that these fees would be passed onto the consumer and City Manager Chuck Strome felt that New York State would not be inclined to put in “new fees for localities.” Democratic Councilman Barry Fertel asked about imposing a one percent transfer fee on real estate sales. It would be a “significant way” to generate money. Nearby cities,Yonkers and Mount Vernon, have this fee. Strome answered if a real estate tax cap was imposed by the state, he did not think Continued on page 7
THURSDAY, DECEMBER 9, 2010
The Westchester Guardian
GOVERNMENT
MAYOR Marvin COLUMN
Past Tax Abatements are Now Coming Back to Hurt the Taxpayers Continued from page 6 it would be likely that the state would allow new fees. Mayor Bramson asked if the one per cent transfer fee would have a negative effect on real estate sales and wanted to know if there were any studies that had been done. Strome answered he would speak to the manager in Peekskill. When Republican Councilman Albert Tarantino asked about the proposal to bond in order to add to the fund balance, the memorandum that the Democrats on Council had circulated previously was reviewed. Since the New Roc garage operates at a deficit, the proposal to raise the rates from 75 cents to one dollar an hour (which is the same rate as the street parking) was being suggested as a way to generate $400,000 or more. Tarantino remarked that in most municipalities, parking lots are usually priced lower than street parking. He asked if the higher rate would push people in the street and into the neighborhoods and also could have a negative effect on the movies. Bramson thought because of the location, the movies will always be the destination and a reason for people to park in the New Roc garage. If he saw a decrease in parking in New Roc, a correction could be made. Then he added, “We’re in the process of picking our poisons...none of which are appealing.� At this point Strome added any decision on parking has to be taken to the board which oversees the New Roc garage.
Should there be an impasse with the four members on the parking fees, the dispute would go to arbitration. Tarantino also objected to taking money from the Marino fund citing the possibility of a storm which could require additional funds. The money according to Strome would then have to come from the Fund Balance. He also stated this year several millions were received from the Avalon agreement. Commenting afterward on the budget, Lorraine Pierce said in “the beginning grants allowed us to have police patrolling inside New Roc and the outside perimeters of the area. The City was definitely paying for these policemen.� George Imburgia said “I am wracking my brain to try to recall in the last 54 years I’ve lived in New Rochelle when the City did not raise taxes.� Trangucci commented that the “City’s bond rating been reduced from AA2 to AA3 which means bonding going forward will cost more money. This is a result of the fund balance being lowered.� He also mentioned the Avalon payment which he initiated for 2011 of one and one-half million dollars is going directly into the fund balance. This tells you that past tax abatements granted by previous councils are now coming back to hurt the taxpayers.� Peggy Godfrey is a freelance writer, a community activist, and former educator.
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GOVERNMENT
Fire District Election to Affect Village Taxpayers By Mary C. Marvin
A very important election will be occurring in the Village on December 14th to select a member of the Eastchester Board of Fire Commissioners to serve a five year term. The Fire District election is routinely overlooked – less than 4% of the eligible voters came out in 2009 –yet it greatly affects the pocket books of Village taxpayers. The person elected will be responsible for a 14.5 plus million dollar budget, all raised from property taxes. To put in context, the budget for running every facet of the Village is $13.7 this year. Unfortunately, the hours for voting are very restricted - from 5PM to 9PM - at the Bronxville Fire House and almost unbelievably, there is no provision for voting by absentee ballot. Despite these impediments, I urge you to educate yourselves about this large taxing authority and vote for the candidate that most shares your views. Staying with the public safety theme, I thought I would share information about
the inner workings of the Village police department and the costs and services associated with running our local department. We currently have 22 officers whose complement includes a Chief, one Lieutenant, five Sergeants, and two Detectives. In the years prior to 1976, the Village had 28 police officers. In 1976, Mayor Schoen commissioned a study to determine optimal staffing and the final report recommended a force of 23 officers and the hiring of non-police staff to take over the writing of parking tickets. The recommendations were implemented and resulted in the hiring of our first Parking Enforcement Officer, Helen, whose fame still lives on. Our 22 officers on staff are divided into five squads consisting of a sergeant as supervisor and two to three patrolmen. These five squads cover the patrolling of our Village 24/7. Each officer does five shifts on a rotating basis in the 8AM – 4PM slot, then the 12PM – 8PM, and finally the 4PM – 12AM shift. The Chief, Lieutenant and Detectives are based at headquarters but supplement with manpower as needed. Continued on page 8
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The Westchester Guardian
THURSDAY, DECEMBER 9, 2010
GOVERNMENT
Rye Residents, Police Up In Arms Over 2011 Budget Proposal By Bary Alyssa Johnson This week the City of Rye held its regular meeting of the City Council to discuss a number of things on the agenda, with the hot-button issue being a Public Hearing on the proposed 2011 City Budget. The venue was standing room only, with a substantial number of concerned residents and a strong presence from the
Rye police force there to speak their piece on the recently proposed budget. “When you put it into context, the community spoke loudly that property taxes needed to be dealt with head-on,” Mayor Doug French told The Westchester Guardian in an interview. “We’ve looked at each [city] program to offer property tax relief and as of last night the proposed budget would raise
Fire District Election to Affect Village Taxpayers Continued from page 7 The level of activity during each shift has increased dramatically in recent years going from 1,900 calls requiring the dispatch of a police officer in 1976 to 3,013 last year, with two fewer officers on staff. The police department’s budget is $3,440,000 all encompassing including salaries, supplies, healthcare and pension costs. Officers earn a base salary in the range of $47,974 - $122,480 exclusive of overtime. We have a mix of ethnicities and skill sets including a female officer, three African American officers and a Spanish speaking police officer. Our force is relatively new and young – though many have arrived with prior experience in Mount Vernon, New York City and White Plains - with thirteen new officers hired since 2007 to fill vacancies created by retirements. Six of our officers are certified Youth Officers. Their goal is to interact with our students in a nonadversarial way and build a relationship of trust as well as helping in times of trouble. All our officers are trained in basic EMS, CPR, and there is a defibrillator in every police car. We routinely turn our police cars over after 90,000 to 100,000 miles due to major wear and tear caused by 24/7 operation. We have found that due to heavy usage, major repairs are often needed at this juncture including new engines and transmissions and it is more cost effective to sell cars at auction below the 100,000 mile threshold. Our patrol units divide the Village into three distinct areas, one centering near the business district and the residential
areas adjacent, another toward Tuckahoe encompassing Concordia College and the Siwanoy area and the third toward Mount Vernon from Woodland Avenue to the Village line. The system has proved to serve our residents well. It takes, on average, less than one minute for immediate help to arrive in emergency situations. Our police department is the first responder for all types of emergencies since all 911 calls go directly to our department which then contacts fire or EVAC services as needed. Most of the calls received at our front desk involve auto accidents, needed medical aid, suspicious persons or activity in a neighborhood and the activation of house alarms. The department encourages you to call them when you sense anything unusual and let them decide its importance. After incidences in neighborhoods such as car thefts or burglaries, more often than not, neighbors will recount seeing something amiss in the neighborhood prior to the criminal activity. The patrolling of our neighborhoods is the number one activity and priority of the department. The department does offer many other services that only a small municipality can provide. Our officers will do vacant house checks, keep your keys on file for emergencies, check on our senior citizens, do car seat checks and offer spur of the moment assistance for parades and neighborhood events. Mary C. Marvin is the Mayor of the Village of Bronxville.
taxes 1 percent and would be a sacrifice across all city departments.” The City Council, Commissioner and City Manager came up with a list of items during a recent workshop to trim the fat off of the budget and allow for said property tax relief. These items include: a decision not to fund Rye Town Park, saving $50,000. A reduction in the payment for corporate council benefits, saving $197,160. An increase in the merchant parking rate will bring permit costs from $372 to $410. Increases in fines and penalties mostly regarding parking violations and snow removal off of private property will save an additional $25,000. The elimination of police overtime costs for events in the area will save $9,000. Lastly, a controversial reduced citywide budget for materials and supplies across all city departments, including the Rye Police and Fire Departments will bring in an extra $122,000, but would deny these departments new uniforms, equipment and on-the-job training. Total savings come in at over $200,000, allowing for a tax rate of .97 percent. Some of these cuts rang alarm bells for Rye residents and City workers, who had numerous complaints regarding police department budget cuts, including a modification to the D.A.R.E. (Drug Abuse Resistance Education) school program as well. The following are just a small sample of the public input toward the proposed budgetary conditions: “Compromising community safety is reckless,” said one police officer in attendance. “How can the police enforce these increased revenues with increased manpower without more funding? The police department is opposed to cuts in manpower, training and equipment.” “What price do we put on our safety?” one resident asked the Council. “Should we all carry guns to protect ourselves? The police protect us and I’ll pay more in taxes to ensure that the police department remains intact.” “Regarding the D.A.R.E. program, if it were cut it would be a disservice to the community,” one Rye resident and parent said. “If D.A.R.E. is cut, we’re sending the wrong signal to the kids.” “I have three children growing up in Rye and [D.A.R.E.] Officer Wood is a great support system,” said another
concerned resident. “To learn that the D.A.R.E. program may be eliminated in Rye schools is unthinkable.” French responded to these comments during his interview with the Guardian. He explained that the police-oriented budget discussion is around the elimination of one lieutenant position and also that the discussion is not about how to deploy police resources, but is about the city-wide budget. Although many officers voiced their desires for a workshop between the Council and police department, as held in previous years, the Mayor maintained that such a discussion is unnecessary and a more prudent discussion would take place between the City Manager and the police department. Councilwoman Parker insisted that the Council should have had a workshop with the police department to avoid the complaints that cropped up during the meeting. Councilman Sack spoke up for the need of an analysis of the pros and cons on these issues for budgetary decisions. To assuage parental concerns about the D.A.R.E. program, French maintained that “we’re still going to have Officer Wood as our youth prevention service detective,” he said during the interview. “We’re working with the school to modify the D.A.R.E program and with the PTA also to see best how to do that.” On paper, however, the proposed 2011 budget lists youth prevention service positions in the City of Rye as zero, down from one (Wood) listed last year. Regardless, the Mayor maintains that Officer Wood is going nowhere and that the size of the police force will not be diminished. Regarding the elimination of police overtime, French explained that this only pertains to events in the City that may require extra police enforcement. For those events, the City will be asking the hosting organizations to pay that overtime out of their own pockets, not the City’s. Still, “These are all proposals that the Council and Rye residents are deliberating over,” French told the Westchester Guardian. “This is not the final budget.” Local resident Bary Alyssa Johnson covers Larchmont, Mamaroneck, Rye, and Rye Brook, as well as the evolving world of electronics and technology.
The Westchester Guardian
THURSDAY, DECEMBER 9, 2010
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LEGAL
Anthony Mangone, Defendant in Yonkers Public Corruption Case, Pleads Guilty in White Plains Federal Court White Plains, NY -- Preet Bharara (pictured left), the United States Attorney for the Southern District of New York, announced that Anthony Mangone pled guilty today in White Plains federal court to conspiracy, bribery, extortion, and tax evasion charges. In January 2010, a Grand Jury returned an Indictment against Sandy Annabi, the former Democratic Majority Leader of the Yonkers City Council, Zehy Jereis, the former head of the Yonkers Republican Party, and Mangone, a Westchester County attorney. The Indictment charges Annabi, Jereis, and Mangone with conspiracy, bribery, and extortion in connection with two real estate development projects within the City of Yonkers that were pending before Annabi when she was on the City Council. The Indictment also charges Annabi with false statement and tax-related crimes.
Mangone (pictured right), an attorney whose office was located in Hawthorne, New York, pled guilty today before Chief U.S. Magistrate Judge George A. Yanthis to Counts One, Two, Zehy Jeries Preet Bharara Five, and Six of the today is 45 years. Indictment, charging In his plea allocution today, Mangone him with participating in a conspiracy to admitted that he and Jereis agreed to bribe Annabi, aiding Annabi’s receipt of give Annabi cash to influence her officorrupt payments, extortion under color cial action while she was a Yonkers City of official right, and travel act bribery. Councilwoman. Specifically, Mangone Mangone also pled guilty today before said that, with corrupt intent, he gave U.S. District Judge Kenneth M. Karas to Jereis tens of thousands of dollars to give a separate one-count Information filed to Annabi so that Annabi would switch today charging him with tax evasion. The her vote in favor of the Longfellow maximum sentence of imprisonment for Project. Mangone also acknowledged the crimes to which Mangone pled guilty
Sandy Annabi
that he engaged in tax evasion and that he failed to report legal fees from clients from 2003 through 2007.
As alleged in the Indictment: The Longfellow Project In 2003, a developer (“Developer No. 1” - Milio Brothers) proposed to develop a tract of land located partially within the Yonkers City Council District Continued on page 10
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The Westchester Guardian
THURSDAY, DECEMBER 9, 2010
LEGAL
Anthony Mangone, Defendant in Yonkers Public Corruption Case, Pleads Guilty in White Plains Federal Court Continued from page 9 represented by Annabi by renovating and transforming two vacant and dilapidated schools into market-rate housing (the “Longfellow Project”). Annabi initially opposed the Longfellow Project. During a City Council meeting on June 14, 2005, Annabi proclaimed her strong opposition to the project, stating: “Even if the entire community supported [it], I would be opposed.” She also said that the project was “outrageous” and a “slap in the face to the taxpayers of Yonkers.” Despite considerable effort, Developer No. 1 was unable to move the project forward in the face of Annabi’s opposition. In April 2006, however, Developer No. 1 hired Mangone to assist in persuading Annabi to support the Longfellow Project. Shortly thereafter, Mangone arranged a meeting between a representative of Developer No. 1 and Jereis, who advised that he could help persuade Annabi to support the project. Later, Mangone told Developer No. 1 that, in order for the project to proceed, Developer No. 1 would have to pay Annabi tens of thousands of dollars in exchange for her support. Developer No. 1 gave Mangone tens of thousands of dollars in cash for Annabi and
paid Mangone a cash fee for his services. Shortly after receiving the money, Annabi made several substantial cash and credit card purchases -- including airline ticket upgrades, a Rolex watch, and a diamond cross necklace. Then, at a City Council meeting in September 2006, Annabi reversed her long-held opposition to the Longfellow Project and voted in favor of awarding the project to Developer No. 1.
Also as alleged in the Indictment: The Ridge Hill Development Project The “Ridge Hill Development Project” was a project proposed by a large developer (“Developer No. 2” - Forest City Ratner) to develop an 81-acre tract of land to establish retail shopping, restaurants, office space, hundreds of residential housing units, and a hotel and conference center. Annabi was an outspoken critic of the proposed Ridge Hill Project and voted against both the project and legislation that would allow the project to move forward despite her opposition. Annabi, with two other City Council members and others, also filed a civil lawsuit to effectively block the Ridge Hill Project. As the City Council was considering the Ridge Hill Project, Developer No. 2 made repeated
and unsuccessful efforts to convince Annabi to vote in favor of the project. On June 2, 2006, Jereis (pictured right) was introduced to representatives of Developer No. 2, after which Jereis told representatives of Developer No. 2 that he could arrange a meeting between them, Annabi, and Jereis to discuss the Ridge Hill Project. Jereis and representatives of Developer No. 2 also had an agreement in which Developer No. 2 would give Jereis a consulting job sometime after Annabi formally voted in favor of the Ridge Hill Project. After two meetings held in less than two weeks, Annabi reversed her opposition to the Ridge Hill Project and issued a press release -- drafted by Jereis and representatives of Developer No. 2 -- informing the public of her support for the project. Specifically, at a City Council meeting on July 11, 2006, Annabi voted in favor of the zoning change necessary for the Ridge Hill Project. Shortly after Annabi changed her vote on the Ridge Hill Project, Jereis received the promised consulting contract from Developer No. 2 worth $60,000 over one year.
As further alleged in the Indictment:
Since at least 2004, Annabi has received from Jereis, Mangone, and others more than approximately $160,000 worth of secret payments designed to influence and reward her for favorable official action or inaction on matters pending before the City Council as specific opportunities arose. Annabi, Jereis, and Mangone also took various steps to conceal their scheme, by making false statements and/or omitting required information in various reporting documents. Mr. Bharara praised the work of the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation Division. He added that the investigation is ongoing. This case is being prosecuted by the Office’s White Plains Division. Assistant United States Attorneys Jason P. Halperin and Perry A. Carbone are in charge of the prosecution.
Download USA vs Mangone. The charges contained in the Indictment against Annabi and Jereis are merely accusations and these defendants are presumed innocent unless and until proven guilty.
Secret Payments to Annabi and Efforts to Conceal the Crimes
Bad Things Happen When Good People Remain Silent By Nancy King
White Plains, NY -- The misdemeanor domestic abuse trial of White Plains Mayor Adam Bradley seems as if
it may be headed to the Guiness Book of World Records for the longest misdemeanor trial in the history of the free
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world. But it is also a trial that rivals the best of any d-listed gossip rags that we all love to peek at while on line at the grocery store. Yeah, we all know that the Mayor is alleged to have smashed his soon to be ex-wife’s hand in a door, or that he threw
hot tea on her, or my personal favorite; he threatened her with a Madagascar cockroach . Yep, we’ve heard from neighbors who testified that those things may have happened but what if this isn’t the whole story? According to some friends and neighbors, these things simply didn’t go down like that. The trial resumes on November 29th with more 914.426.0359 defense witnesses presented ... for beginners by Bradley’s attorney Lou • Get Fit Penichet. Lets hope that Mr. • Build Self-Confidence Penichet has better luck this • Self Defense week as it seems that for every Join Our Classes Now defense witness Mr. Penichet Men,Women, Children belmars.com Continued on page 11 5 PROSPECT AVE. • GROUND FL. • WHITE PLAINS
The Westchester Guardian
THURSDAY, DECEMBER 9, 2010
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LEGAL
Bad Things Happen When Good People Remain Silent Continued from page 10
would like to take the stand, he is met with a roadblock from the DA’s office. Before the trial went on it’s recess we had heard from neighbor Amy Tiihonen who reveled us with her story of Mayor Adam Bradley how Fumiko Bradley told her and another non witness Bonnie Hagan that she had lied to the police about her English skills. During our mini court holiday, I sat down and spoke with both of these ladies. It was an interesting chat and Mrs. Tiihonen corroborated everything she testified to on the stand. That was no surprise, but her anger at how she perceived Fumiko Bradley’s whimsical reasoning and giggly tale of how she lied to the police, clearly has made Mrs. Tiihonen angry. It’s funny how the average soccer mom can develop the deportment of a shark when their comfort zone is rustled. But even more disturbing was the conversation with Mrs. Hagan. When pressed on why she felt that she was left behind in testimony that could clearly help Mayor Bradley, Mrs. Hagan clearly became flustered and often mentioned that she wanted to remain friends with both parties. I guess she couldn’t handle White Plains officers Rollins and Rodriguez at her door and Audrey Stone on her phone. Speaking of Audrey Stone, I had no idea that a lowly ADA had so much power as to issue an order that ICE was to look for the Bradley’s former au pair to have her deported rather than have her take the stand. (BTW, why is the White Plains Police conducting an investigation for the Westchester County DA’s office , doesn’t she have her own investigative team and why are the taxpayers of White Plains footing that bill?) Wow, talk about being conflicted. Note to Mrs. Hagan, even in the most amicable divorces, one party gets custody of the friends but you need to declare who your friend is. Nobody
buys your excuse of “I’m so confused”. Another two interesting and delightful non witnesses, were the Dave and Susie Ballan. This couple had the most intimate view into the Bradley’s marriage and yet they were not permitted to testify. Their children are best friends with the Bradley’s children and the two couples often socialized together. However if they had been allowed to testify, we would have heard that Mrs. Bradley had long been the aggressor in that marriage and had often left her physical mark on her husband. We may have heard about the infamous cockroach incident and but not that it was their daughter’s pet and not the object of a husband’s harassment of a wife. More importantly, we will never hear that that a five year old child confide to her best friend’s mom that her mommy ripped daddy’s shirt. And we’ll never hear about how Dave Ballan confronted Fumiko about her behavior and how she replied that she often loses control with her husband. That’s too bad. As we go back to trial I also wonder if we will ever be allowed to hear from the Bradley’s au pair, Yuko Wanatabe. This young woman holds the key to this case since she lived in the Bradley household. She holds the key to the truth of what actually went on that household but we may never hear from her. Last we knew, Audrey Stone had scribbled on a notepad that ICE was to seek Yuko out and to have her deported. Why? Maybe because sometimes the truth isn’t quite as tidy as we would like it to be in a brief. Or maybe Ms. Stone had an order to find her and deport her because it was necessary to make an example of Mayor Bradley. Whatever the case may be, that seems like a clear case of obstruction of justice should this young woman not be allowed to testify. By the time we commence on the 29th, the public has more questions about this case than answers. Like, why are these witnesses being told no thank you when they clearly have a story to tell. What makes Dave and Susie Ballan’s story not worth hearing but Alexandra Hoefgartner and John DiBlasi’s overly dramatic and email riddled testimonial advice is ruled admissible. How come the police commissioner in White Plains has
been charged with conducting an investigation at the expense of the taxpayers of White Plains when the County has not only its own police department and the DA has her own investigative team? Is it really that important to find this guy guilty of domestic violence when if testimony were to be allowed, we might see a different side to the story. Finally, we touch upon Mayor Bradley himself. He may not be the most likeable chap or even the most capable mayor that the city has ever had. But he is a man defeated and more importantly, a father who dearly loves his children. And, if you examine it just a bit further, Adam Bradley displays all the hallmarks of an abused spouse. He’s unkempt, anxious and he seems unbearably sad. He’s got a lot to be sad about. If DA DeFiore, Prosecutor Stone, John DiBlasi, and Alexandra Hoefgartner (all from Mt. Vernon by the way) get their way, he’ll be convicted of abusing his wife and will more than likely lose his children and his livelihood. We charge our lawmakers with protecting us and seeking justice for all;
that includes Adam Bradley. Viewing the trial of Mayor Adam Bradley makes one wonder if the prosecution team has something more to gain out of forcing a guilty verdict in this bench trial. However, it will be hard to find any belief in the credibility of our judicial system here in Westchester if witnesses, no matter how unpopular their story may be, are not allowed to testify.
Whatever Happened To Presumed Innocence?
The trial of White Plains Mayor Adam Bradley ended on December 1st with closing remarks from defense attorney Luis Penichet and Assistant District Attorney Audrey Stone. Their summations drew an ending to a very sad period in the history of the City of White Plains; but like any good baseball game, it ain’t over until it’s over. The week began with Yuko Wanatabe, the Bradley’s au pair, testifying that when questioned by the White Plains Police Department, that she didn’t tell the truth concerning two of the questions that were asked of her. The questions don’t matter but her reason for not answering them Continued on page 12
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The Westchester Guardian
THURSDAY, DECEMBER 9, 2010
LEGAL
Bad Things Happen When Good People Remain Silent Continued from page 11 is. She was told by her employer, Fumiko Bradley, that the police were not to be trusted and that bad things often happen to those who speak to the police. Wow, isn’t that in itself a form of psychological manipulation. What 24 year old on a limited visa wouldn’t listen to her boss? Joelle Bradley also provided interesting testimony that seemed truthful and thoughtful. She gave us a peek into the events of April 2nd. Arriving at the house to pickup the children for a visit with their dad, she describes entering the home with her brother. He picked up the newspaper entered the home and went right to the dining room to speak with his wife. While they went upstairs to speak in private, Joelle hung with the kids who were anxious to get on with their visit with Dad. She called to her brother to get a move on but alas he forgot the kid’s stuff and dispatched his sister to get their things. As she went upstairs to get the girls’ belongings, she saw her sister in
law crying. The prosecution spent a great deal of time waxing on her tears and sure enough during summation, intimated that Mrs. Bradley was crying because the Mayor swatted her with the paper. Umm. Ms. Stone, did you ever consider that you cry because you mourn the loss of history that you’ve had with a spouse. That’s right, good or bad you mourn the memories and they often make you cry. And since when does telling your spouse that the only thing to do at this point is to divorce equate to a witness tampering charge. I just don’t get it. Adam Bradley’s testimony gave us a glimpse into a garden variety disintegration of a marriage. There were no big surprises there. There were many attempts at reconciliation that included, breakfasts, dinners and an occasional sleepover. But in the end, sometimes couples just reach the point of no return no matter how many counseling sessions they attend. But perhaps the most interesting testimony given by Mr. Bradley
was his perceived relationship with John Di Blasi. These two men were friends for over twenty years and Mr. Bradley’s wife was very friendly with Mr. DiBlasi’s girlfriend Alexandra Hofgaertner. He knew that there was a fair amount of man bashing going on and yet, Mr. Di Blasi never told his good friend about this female conspiracy that was brewing over coffee . What kind of man wouldn’t tip a friend off to waht is going on? A man who wants something from a friendship. Like the proverbial cock crowing three times, Adam Bradley testified that John Di Blasi did indeed want to be named Bradley’ s Chief of Staff and he was livid that he was not so named. What better way to pay back your old friend than by taking advantage of his emotionally fragile wife. Instead of prodding her to make paper trails, set up separate bank accounts, and releasing private emails to the media, Mr. DiBlasi would have been a better friend to the couple if he had explained the role of a political wife to Fumiko Bradley. We all know that it’s a life where you are alone nearly every night of the week. A good friend would take you by the hand and explain it to you that once elected, the campaign never really ends and you’re in it for the long haul whether you like it or not. The weirdest questioning of Mayor Bradley came from ADA Audrey Stone
who queried the mayor as to why he didn’t scoop up his children during one if his visits and just get them out of the house if his wife was as emotionally fragile as he described her to the court. I nearly laughed out loud at that question. One would think that Ms. Stone and the DA’s office would have liked to have added parental kidnapping charges to this case. Several other character witnesses for the prosecution failed to make the mark either. One knew Mrs. Bradley as a caring teacher eleven years ago and another had brief conversations with her when picking their children up from school. At the end of summations, it was also suggested by ADA Stone that additional charges of attempted assault be leveled against Mayor Bradley. Perhaps with such a weak prosecution, they felt it was necessary to throw some more spaghetti to the wall just to see if it would stick. One can’t envy Judge Susan Capeci. She must render a decision on December 9th. After that, she will then have to hear the divorce case. However, Judge appeared to listen carefully and we don’t envy her task. In the end there are no winners in this sort of case. The mayor’s reputation is damaged as is his wife’s. Two small children are learning to navigate their way through a broken home and the residents of the City of White Plains are left wondering about the future political health of their city.
Vincent Leibell Accepts Plea Deal in Federal Investigation By Nancy King White Plains, NY -- Republican Vinnie Leibell, often referred to as the most powerful man in Putnam County was said to plead guilty Friday in Federal Court to seventeen felony indictments. Among the charges included in the indictment are money laundering and bribery. Investigators believed that this was accomplished by controlling several non-profits and foundations. Through these organizations he was able to allegedly arrange land deals and filter money. It
is also believed that some of those monies were used in the construction of Leibell’s lavish home in Putnam County. While the Federal Government has been investigating Leibell since last June, one has to wonder if Anthony Magone’s testimony and subsequent guilty plea expedited the charges brought against Leibell. Sources in Putnam County have revealed that Leibell has agreed to a two year prison sentence in exchange for his guilty plea. Continued on page 13
The Westchester Guardian
LEGAL
Vincent Leibell Accepts Plea Deal in Federal Investigation Continued from page 12 At this time it is unclear who will take the reign as Putnam County Executive. Sources state that the current Vinnie Leibell outgoing County Executive Robert Bondi will remain in office for an additional year and that there will be a special election, next November. Ever the deal maker, Leibell resigns from the state senate tonight at midnight and thus protects his roughly $70,000.00 a year pension. Leibell filed his retirement papers with the state on November 3rd, the day after he was elected Putnam County Executive. Reference: BREAKING NEWS EXCLUSIVE:Senator Leibell Steps Down as New York State Senator By Hezi Aris (Dated: December 2, 2010) Yonkers, NY -- Vincent L. Leibell, representing the 40th Senate District, whose constituency reside within parts of Westchester, Rockland, Putnam, and Dutchess Counties, has stepped down as New York State Senator. The Yonkers Tribune has learned that Mr Leibell has accepted a plea bargaining agreement worked out with the Feds. By accepting the plea bargaining agreement, Mr Leibell will avoid receipt of an indictment which had been held in abeyance by his accepting the deal. Anthony “Tony” Servino, who was a partner in the law office of Servino, Santangelo & Randazzo, is alleged to have implicated Mr Leibell as well as Anthony Mangone, who days ago pleaded guilty in White Plains Federal Court to conspiracy, bribery, extortion, and tax evasion charges. More information as it is revealed this Thursday, December 2, 2010. Anthony Mangone had at one time been an employee of that same firm.
THURSDAY, DECEMBER 9, 2010
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LETTERS TO THE EDITOR
Letters to the Editor The editor welcomes and shamelessly solicits your perspective. Let everyone know what is on your mind. Please submit your Letter to the Editor electronically, that is by directing email to WHYTeditor@gmail.com Please confine your writing to between 350 and 500 words. Your name, address, and telephone contact is requested for verification purpose only. A Letter to the Editor will be accepted at the editor’s discretion when space permits. A maximum of one submission per month may be accepted. Dear Editor: I am writing to express the tea party support for the Westchester County budget for 2011 that has been put forth
by County Executive Rob Astorino. He campaigned on a pledge of lowering taxes and reducing county government and won with overwhelming support from We the People. He is merely following through on his promises and implementing the will of the people by cutting the county budget by $33 million and reducing our property taxes by 1%. It’s a start at least and there is a long way to go to cut taxes and government. He has protected the neediest and preserved essential services, including bus service, while giving tax relief and promoting long-term financial health. We have the dubious honor of being the highest taxed county in America. More than 2 million people have fled the state because they can no longer afford to live here. That leaves even
less of a revenue base upon which we can draw. Seniors are literally being forced out of their homes due to the insane property taxes. Small businesses provide 80% of the revenue needed to run the state and the county. Businesses are being forced out of the state and county due to onerous property taxes and now another tax, the MTA payroll tax. I’m calling on the Westchester County Legislators to approve this budget. I’m calling on you to call them and let them know you support it. See http://tinyurl.com/38sxdpg or the budget at http://tinyurl.com/3ys9obh. Bill Bongiorno South Salem, NY The author is Co-founder of the Northern Westchester Tea Party Patriots
MOVIE REVIEWS
Ed Koch Movie Reviews By Edward I. Koch
Movie Review: “Monsters” (-)
Once again, I was forced to see a movie at a particular hour because of my radio program time schedule. My live, call-in radio program on Bloomberg Radio (1130 AM on the dial) goes from 7:00 p.m. to 8:00 p.m. on Friday evenings. So, I leave the studio looking for a film that starts close to 8:30 p.m. Very few do. In fact, this one started after 9:00 p.m. so the idea, suggested by my movie companion Henry Stern, was that we have dinner first. Not a bad idea, and there is a hamburger joint next to Cinema Village on 12th Street, so that’s what we did. Better we should have had an even longer, leisurely dinner because the movie we chose is really bad. Some movies are bad, but this one is really bad. What made that fact even more painful is that Roger Ebert gave it 3 and ½ stars, and it was his review that I relied on. What could he have been thinking? The film is very much like the old Saturday monster sci-fi chapters of 60 years ago. Made with a budget of a dollar and a half and actors that were just starting their careers and needing exposure and jobs and would apparently work for next to nothing. So here we had Andrew Kaulder (Scoot McNairy), a freelance photographer in Mexico with Samantha Wynden (Whitney Able), the love interest. Her father calls Kaulder, who works for his company, and asks that he get her out of the “Infected Zone”, where the creatures roam. The zone is a large swath of Northern Mexico. It is where a scientific probe to find alien life crashed, but the aliens survived and multiplied. I think it went to Jupiter’s moon, Europa, picking up extraterrestrial monsters on the way home. These are the cheapest possible monsters to create, resembling giant black octopi with numerous tentacles. They enjoy meeting and mating in the U.S.A. But who doesn’t? I really can’t go on because nothing much really happens, and I’m thinking to myself, do I really have to keep my rule of never walking out of a movie since something interesting could happen, but sadly never does? Obeying the rule of my profession as a movie critic, I stayed to the bitter end. You – lucky you -don’t have to be there at the bitter beginning now that I’ve warned you. A word to Roger Ebert: How could you? Henry Stern said: “The movie wasn’t much good, but it wasn’t all that bad. Think of it as a road movie, rather than a horror film.The monster is rarely seen, and he only eats Mexicans, so the yuppie couple is scared but unharmed. The avant garde likes this movie because of its craftsmanship, it is considered a triumph of low-budget filmmaking. The pace is slow, but the settings are beautiful, including a Mayan temple. No sex, no nudity, no gore, hardly any profanity; just a few days in the jungle, the pair slowly bonding. I was hoping to see the Statue of Liberty, the hommage to “Planet of the Apes,” but I guess they couldn’t afford it.
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THURSDAY, DECEMBER 9, 2010
The Westchester Guardian
MOVIE REVIEWS
“White Material” (+)
OPED
ED KOCH COMMENTARY
Are We Now a Paper Tiger Both in Fact and The Way the World Views Us? By Edward I. Koch
The title refers to anything belonging to white colonist settlers in an unnamed French African colony at a time of upheaval and revolution. The French army is leaving and urges the whites to leave, in particular, a handful of whites owning a coffee plantation where the harvest is to be picked over the next five days or all will be lost. The plantation is owned by Maria (Isabelle Huppert) who runs it with her former husband Andre (Christophe Lambert). Living with them is their son Manuel (Nicolas Duvauchelle) who is about 18 or 20 years old and probably a little demented. The fear of the rebels armed with guns and machetes and of African adolescents who set up a checkpoint on the road and demand passage money -- $100 – from those driving by or risk being killed, is palpable. The tension and fear of death is constantly present, throughout the passage of the entire film . How the various laborers and their white employers cope, along with the African middle-class storekeepers is what keeps you tense every moment of the film. You know all is going to end badly for everyone and, of course, it does. What you see is what undoubtedly happened in most, if not all, of those colonial-run countries as the colonists were driven out and the African residents fought one another for the dominant replacement roles. The acting on the part of all is superb. Check out videos of these and other reviews on my website, Mayor at the Movies website. And don’t forget to follow me on Twitter! Let him know your thoughts by directing email to eikoch@ bryancave.com. The Honorable Edward Irving Koch served New York City as its 105th Mayor from 1978 to 1989.
Has our country reached the point when we, like so many great nations before us, are no longer the leading state of our time? The evidence of our decline is everywhere, but nowhere is it more apparent than in the way we are being treated by other countries. Some of our allies, including Canada, Holland and Spain, have left or are leaving us in the lurch in Afghanistan, withdrawing their troops. Many states, including our allies, have sought to embarrass us diplomatically. The trip that President Obama took recently to the Pacific Rim was an example of that. He was rebuffed by countries large and small. Most media observers called his journey a fiasco of sorts. There was a time when the U.S. military said it was capable of fighting 2 ½ wars at the same time. Today, as a result of being bogged down in Iraq and Afghanistan, we probably are unable to fight a third war, and our enemies know it. Last Spring, North Korea sank a South Korean navy ship, killing 46 South Korean sailors. The U.S. is an ally of South Korea with 28,000 U.S. troops in that country. We’ve always been told that those troops are there as a tripwire, so that North Korea would know if it attacked South Korea, it would be attacking the U.S. in the same way that an attack on one NATO country would be seen as an attack upon all NATO members. In the case of North Korea, it has paid no price for its sinking of the South Korean ship and, just as bad, no price for its recent unprovoked artillery bombardment of a South Korean island which resulted in the deaths of two South Korean soldiers and two civilians and injuries to 15 others. Today comes the revelation from the American secret documents disclosed by WikiLeaks that North Korea has been supplying long-range missiles to Iran. According to The New York Times of November 29th the documents “reveal for the first time that the United States believes that Iran has obtained advanced missiles from North Korea that could let it strike at Western European capitals and Moscow and help it develop more
formidable long-range ballistic missiles.” Other than decrying the most recent attack on South Korea and sending the George Washington aircraft carrier to participate in a joint military exercise in South Korean waters, so far as I know, we have done nothing to retaliate. Undoubtedly, South Korea is reluctant to retaliate or escalate, fearing to expose millions of its citizens to further military action, including a possible nuclear attack by North Korea, which has the fourth largest army in the world. North Korean citizens may be dying of starvation, but their army is well provided for. Do we have the means or resolve to launch a punishing attack against North Korea, which is perceived as crazy enough to launch a nuclear attack against South Korea or Japan, expecting China to continue to protect it at the U.N. and provide it with military support? Aside from our not having the resources to take on another war with North Korea, especially if the latter is supported by China – remember General MacArthur’s error in 1951 in approaching the Yalu River and having the Chinese army enter the fray and drive us back to the 38th parallel – most troubling is we don’t have the resolve. America is simply not prepared or willing to go to war again, after our terrible experiences in Iraq and Afghanistan. We are not willing to accept the hardships a war requires, including the need to pay for that war with additional current taxes. Nor are we willing to reimpose the draft requiring everyone to do their part. We simply are not prepared to protect our national honor and national security as we once were when we went to war with Nazi Germany. Indeed, the situation today is looking more and more like Munich of 1938 when the world caved to the Nazi threats, as we today cave to the threats of countries like North Korea and Iran. We have even succumbed to the threats of Somali pirates who, according to The New York Times of November 9th, are holding for ransom 25 ships and 500 people. We should tell North Korea and Iran to turn over by a stated deadline their
nuclear weapons to China or Russia, countries where we believe the doctrine of Mutually Assured Destruction (MAD) still applies, or suffer military consequences. We should warn them that any act of war they engage in worldwide will result in an immediate military response on our part of a devastating nature. What our current situation requires is the resolve of President John F. Kennedy during the Cuban Missile Crisis in 1962 when he made clear to the U.S.S.R. that the U.S. would immediately respond to the Soviets’ placing nuclear missiles in Cuba deeming it an act of war. Is President Obama up to it? This is his 3 a.m. telephone call. I pray he is. The Honorable Edward Irving Koch served New York City as its 105th Mayor from 1978 to 1989. His e-mail address is: eikoch@ bryancave.com
WEIR ONLY HUMAN
It’s A Wonderful Life By Bob Weir Do you have a favorite Christmas movie? Although there are many good ones, the one that really puts the season and life in general in perspective for me is, “It’s a Wonderful Life.” The 1946, Frank Capra classic, in addition to being a marvelous love story with a dose of divine guidance, combines drama, pathos, humor, and a lesson for all those who lose sight of their individual value to the world. When George Bailey, played by James Stewart, attempts suicide because he fears bankruptcy, a guardian angel is assigned to show him what the world would have Continued on page 15 Continued from page 14
The Westchester Guardian
WEIR ONLY HUMAN
It’s A Wonderful Life
been like without him. Bailey, a very respected resident of the very respectable town of Bedford Falls, has sacrificed his dream of a future in a big city, in order to run the failing Building and Loan institution, founded by his deceased father. Lionel Barrymore is at his best as the greedy banking tyrant Henry Potter. For years, Potter has tried unsuccessfully to destroy the B & L and become the only lending institution in town, thereby squeezing every penny from the residents with usurious loans. Bailey is the only thing standing in his way, until a mishap by a Bailey associate, gives Potter the edge he needs. When Bailey realizes that he might not only lose the B & L, but face embezzlement charges as well, he turns bitter and decides to end it all. When Clarence, his guardian angel, grants his wish that he was never born, Bailey gets a view of Bedford Falls without his influence. The home that he and his wife restored, honeymooned in and raised a happy family in, is empty and dilapidated. Donna Reed, who plays his adorable wife, runs from him in terror when he claims to be married to her, and his three children don’t even exist. His mother doesn’t know him, and threatens to call the police if he doesn’t get away from her door. Bailey runs along the dark, snow covered streets of the town, now known at Pottersville, frantically trying to obtain recognition from family and friends who once revered him. Residents, who used to be friendly and polite, have become hostile and cynical. The cozy, conservative taverns have become strip joints where prostitution flourishes. People, who once owned their own homes, providing the rural tapestry of the town, are no longer a part of the landscape. In addition, when Bailey was a youngster, he saved his kid brother from drowning. His brother grew up to be a hero in WW2, saving the lives of many other soldiers. Now, Bailey visits the cemetery in town and finds his brother’s headstone, indicating that he drowned when he was a child. The fear in Bailey’s eyes when he realizes that he had a wonderful life, but threw it away during a bout of self-pity, is, to me, one of the most gripping moments in movie history. He begs to have his old life back; with the B&L problems, Potter’s incessant attempts to ruin him, and even the loose ornament at the bottom of the banister that keeps coming off in his hand when he heads upstairs. When his wish is granted, he races through the streets screaming,
THURSDAY, DECEMBER 9, 2010
Page 15
SHIFTING GEARS “Merry Christmas,” as he basks in the glow of a second chance at life, while his family and friends contribute their savings and valuables to get him out of debt. The movie warms the heart, enriches the soul, and keeps the viewer’s attention, without ever resorting to sex, violence, or profanity. Furthermore, it provides a valuable lesson in how we perceive our circumstances. Moreover, we’re urged to consider the differences each life makes in the overall scheme of things. Since we don’t live in a vacuum, in order for our lives to have any meaning at all, it must make an impact on the lives of others. What would the world be like if you were never born? How many people would be less than they are today, if not for your positive influence? There are George Baileys in every town and every country; people who work selflessly to improve the lives of those less fortunate. While you celebrate this holiday season, with all the stress that often accompanies it, remember how lucky you are to have family and friends that love you. The world would be a lonely and frightening place without them. The affection you have for each other is what makes for a wonderful life. Bob Weir’s 7 published novels, “Murder in black and white,” “City to die for,” “Powers that be,” “Ruthie’s Kids,” “Deadly to love,” “Short stories of life and death,” and “Out of sight,” are available at Barnes & Noble, Amazon.com, Books-a-million, and other major online book sellers.
On the Level with Narog and Aris
New Rochelle, NY -- Hugh Fox, Jr., newly elected chairman of the Westchester County Conservative Committee is Richard Narog’s and Hezi Aris’ guest this Tuesday, December 7th, from 10 am through 11 am, on WVOX-1460 AM on your radio dial and worldwide on www. WVOX.com. Narog and Aris will tackle Westchester concerns on December 14th, and the Hon. Nick Spano with be their guest on December 21st. Listeners and readers are invited to send a question to WHYTeditor@gmail. com for possible use prior to any shows’ airing and even during the course of an interview. Wednesday mornings at 8:37 am when he and Bob Marrone discuss issues on the Good Morning Westchester radio program hosted by Bob Marrone.
Something New from Korea - 2011 Hyundai Sonata By Roger Witherspoon
The man in the parking lot walked slowly around the Sonata, pausing occasionally to run his hand along the long, low, sloping front hood and arcing crease splitting the side form fender to fender. He was tall enough to look through the open sunroof and gaze at the leather seats, the ample room in the rear for his six-and-a-half-foot frame, and the note the easy flow of the interior lines. I asked him if he would like to see how he fit in the back, and he eagerly slid inside. The seats actually sloped downward and the ceiling curved up, providing far more head room that would appear possible in the sport sedan. He broke the silence by stating “I find it hard to believe this is a Hyundai. I thought they just made little boxes. Did they team up with Lexus or Mercedes or something?” “No,” I replied. “They set up a west coast design shop and started turning out cars they hope Americans will like.” “Well,” he said, “they’ve got my attention.” The 2011 Hyundai Sonata sedan is a significant departure from the types of cars historically produced by the Korean car company, which were high on economy, competent on technology, and low on styling. The company long languished in the deep shadows of their Asian neighbors at Toyota/Lexus, who also started out with inexpensive, boxy cars but went on to become the world’s largest auto maker with a reputation for style, quality, and performance. Hyundai, however, did not intend to wait 40 years emulating Toyota’s slow, upward climb and opened a design studio on the Left Coast with simple marching orders: compete on the showroom floor with Lexus and Mercedes. They started with the eye-catching sports car, the Genesis Coupe, which was slick enough to win a spot as one of Jack Bauer’s chase
cars in the final episode of “24.” But then it was time to move up to family level with a car that would cost less than a Toyota Camry or Ford Fusion, but easily share a mirror with a Lexus. The mid-sized sedan is a tough market, dominated by the Camry, Honda Accord,
Nissan Altima, Fusion, and Chevy Malibu. The Koreans were nowhere to be seen in this niche. Leading Hyundai’s charge into the sedan market is the Brother from the Other Coast, designer Andre Hudson, whose sketch pad produced the Sonata. The car, with a sticker price under $29,000, has its own distinct look, with wavy lines that flow the length of the car, vaguely resembling lines drawn on a sandy beach by the meandering tides. “That’s the whole idea behind what we call fluidic sculpture,” explained Hudson. “The wind shapes the sand as you sit on a beach. And when you see sand dunes, you see a beautiful line, shifting when the wind moves. You see the same beautiful patterns in new snow drifts as the wind blows the snow around. You get these beautiful formations with hard snow ridges and soft forms in between. “Fluidic sculpture is our vision of that art form that is derived from nature. From that you get a lot of natural arcs and lines, which is nice to look at and has a flowing feel to it, even when still.” Under that graceful hood is a four cylinder engine cranking out just 198 horsepower and mated to a six-speed, automatic transmission. That’s not a racing engine, the 0 – 60 miles per hour time is about eight seconds. But on a small Continued on page 16
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The Westchester Guardian
THURSDAY, DECEMBER 9, 2010
SHIFTING GEARS
THE SPOOF
Something New from Korea - 2011 Hyundai Sonata
New York Professor to Have Camera Implanted in Back of His Head By Gail Farrelly
Continued from page 15 sedan, it is more than enough power to push the car to about 150 miles per hour and give the Sonata a sporty feel, particularly in the electronic manual mode utilizing the wheel-mounted paddle shifters. In addition, the Sonata’s power plant is more powerful than the Camry and Malibu engines with 169 horsepower, or the 175 horsepower engines in the Fusion, Accord and Altima. The Sonata also packs a lot inside, and the Korean sedan includes a number of items usually sold as separate add-ons. The steering wheel is leather, for
example, as are the seats and padding on the doors and dash. The front seats are powered and heated, and the rear seats fold flat in a 60/40 split. The entertainment system includes AM/FM and XM satellite, as well as HD broadcast radio, a single-disc CD player, and connections for iPod and MP3 players and USB drives. There is an eight gigabyte hard drive to store 1,000 or so of your favorite jams. The navigation system has an easy to use, 6.5-inch, touch screen, which also provides a wide view for the sharply focused backup camera. And there is a Bluetooth cell phone connection that is standard with all models.
Whether the Sonata, with its fluidic sculpture look is slick enough to slide into the crowded mid sized sedan market – or remains an extremely attractive also-ran – remains to be seen. But the Japanese and Detroit auto makers would do well to look over their shoulders.
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His plan has shocked a securityconscious nation and gives new meaning to the term headshot. And there are practical considerations as well. The prof ’s friends report that, although he is determined to go through with the plan, he is running into a few challenges. For example: • He’s annoyed his barber, who complains, “How am I supposed to give you a fashionable ‘do, while cutting your hair around the camera lens?” • He had to re-style his hat wardrobe, hiring a tailor to cut a strategic hole in the back of each hat. • He has to work on the skill of walking backwards in case he needs to get closer to his subjects. • He’s worried that his sleeping will be affected. “How the hell do you get comfortable with an electronic thingy in your head photographing your pillow?” he wonders. “Good grief, talk about pillow talk.” Meanwhile, mothers interviewed at a suburban NY Parent Teachers Association meeting were completely unimpressed by the prospect of a man with a camera implanted in the back of his head. “From time immemorial,” one mom said, “mothers and nuns have had eyes in the back of their heads. And we come by it naturally. No surgery needed.” Wanting to make sure the prof got the message, she added, “Take that, Mr. Fancy Pants, Eyes-in-the-Back of-theHead Wannabee.” Gail Farrelly (www.FarrellySistersOnline. com) writes mystery novels and short stories as well as Op-Eds. She also publishes satire pieces (Gail Farrelly’s satire and parody stories) on TheSpoof.com, a British website. Her latest mystery novel is Creamed at Commencement: A Graduation Mystery. The first chapter is available on her website. Gail is working on a fourth mystery, The Virtual Heiress.
The Westchester Guardian
THURSDAY, DECEMBER 9, 2010
Page 17
SPORTS
Northwood School By Albert Caamano With education in some areas not being able to keep up with baseline standards what is a parent, especially with limited resources to do? This is likely the most important decision a parent must make for their child’s future. Everyone wants children to succeed but it seems it is an on going project what with districts, regions, teachers, and unions fighting each other. It is a daunting task and can get very frustrating. I don’t know the answers but I possess education resources and knowledge of the in and out intricacy of the rules and regulations to get students into the best schools possible commensurate to their talent.. Northwood School is an oasis for education and athletics hidden in the mountains of Lake Placid, NY .It is a prep school that excels at all levels of education and sport. Northwood education delivery formula is focused on making sure all students are prepared to go onto a top college after graduation by recognizing each student, evaluating their needs, and finding what schools are a fit for each respective student so they can progress to the highest levels. The Northwood School opened in 1905, and is located equidistant two hours from Montreal, Canada, Vermont, and Albany, NY. Northwood boasts a student ratio of 6; 1 with 175 students, and an impressive 100% college placement. The curriculum includes advanced placement and honors courses with plenty of extra curricular activities such as athletic teams including: Boys: soccer, ice hockey, lacrosse, tennis and golf
Girls: ice hockey, soccer, tennis and golf. They also have orienteering, hiking, rock/ice climbing, and skiing as some of the many activities for the students to prepare them to become all around members of the college community. One of the leading members of the staff is girls ice hockey coach Andrea KilbourneHill. I asked her some questions about her team and the Northwood School, Coach Kilbourne-Hill has personal ties to the school herself, having graduated in 1998 going on to have a stellar career as the Princeton University Captain and being named finalist for the Patty Keizmer Award for best female college player of the year, playing on junior and National teams, eventually earning a US Coach Andrea Olympic silver medal in 06’ at Salt Lake City, Kilbourne-Hill Utah. Kilbourne-Hill also serves as a coordinator for New York Amateur Hockey Association and has been an evaluator at the District USA Hockey Evaluations. Surprisingly, coach KilbourneHill did not play with girls at Northwood. She played on the boys team; the girls team did not exist till the year 2000. Now the majority of prep schools have both boys and girls teams in most sports disciplines. She
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moved back to the area after being away for some time and was offered a position by the departing head coach who wanted someone that could continue the program and bring the program to a higher level and who possessed the experience that Andrea Kilbourne-Hill brought to the table. It was hard to deny she had what it took; after a meeting with the Headmaster, she was offered the job. The school is based on all around participation so the players do play at least two other sports or activities besides there main sport In spring they have choice among lacrosse, soccer, conditioning, kayaking, rock climbing and other activities. It helps with conditioning and all around progression of the athlete. The ice hockey team has an average of 18-20 players and carries 3 goalies with one being the main starter. Coach KilbourneHill advises she rewards the best goalie the position of number one. She has two goalies who are presently sophomores and progressing at a very good pace. Coach Kilbourne-Hill has no doubt they will become number ones. She is a cerebral coach meaning she studies the players and takes everything into account when formulating her decisions on how to evolve the progression and routine for every athlete that encourages greater proficiency for each at their own pace. Her demeanor may be analagour to a sports oriented Montessori regimen. The ice hockey team is different in several aspects compared to other schools. In college sports one is not allowed to have games or practice before the official start of the NCAA season which is in November. That means the athletes are in the school for 2-3 months before the team is formed and the average prep school start about that time. Northwood School not having to adhere to rules governing their season, start conditioning sessions in the beginning of October at three times a week, then move onto ice practices. After they get into the beginning of season games, they will practice every day to include off-ice training, with Mondays off Another aspect that makes Northwood School different from other schools is their
maintainence of an average of 50 games plus tournaments schedule of which 21 are home games and 21 away games. there are also 4 tournaments, whereas other schools have 20-30 games and one to two tournaments. Coach Kilbourne –Hill conducts her first practices at a fast tempo paying attention to skill and drills and will progress to systems as the season moves on to games. The team pleasantly surprised her. She initially expected the “fast team” would garner a higher percentage of goals, but after a couple of games the team managed to take care of the defense side of the game quite well. Coach Kilbourne-Hill gets recruits from scouting at tournaments and recommendations. She will talk to the parents and student and walk them through the procedure, taking care to make sure it is a good fit for the student and parents, with an eye toward financial needs. The school offers scholarships on a need basis. She also suggests a personal visit to the school and a sit-in on one of the classes and a practice with the team so students understand daily life at Northwood. The Westchester Guardian asked Coach Kilbourne-Hill what differences have become evident in the sport to her since the time she played as it relates the the level of player today. Coache KilbourneHill has witnessed an overall level of continued grow among the players but the elite level players are now harder to find. Coach Kilbourne-Hill’s objectives for the team’s future prospects is to keep progressing and getting as many players recruited to the Division I level. With her determination, knowledge and objectives in place, I have no doubt this will come to pass. Northwood School (www.northwoodschool.com) • P.O. Box 1070 • Lake Placid, NY 12946 • 518.523.3357. Albert Caamano has coached ice hockey for 15 plus years to include recruiting young players in preparation for college, prep schools and tournaments, and also worked Goalie camps and clinics with former Olympic coaches and college players.
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The Westchester Guardian
THURSDAY, DECEMBER 9, 2010
TRUTH AND JUSTICE
New York State Must Strengthen It’s DNA Access Laws
US Supreme Court Osborne Decision Negatively Influences First New York State Case By Jeff Deskovic
In 2009 the U.S. Supreme Court decided Osborne v. Alaska, in a 5 to 4 holding, ‘Prisoners do not have a Constitutional Right to post conviction DNA testing.’ Each state, it said, should decide the question of DNA access for itself. In the July 2, 2009 issue of The Westchester Guardian, I wrote an in-depth review and criticism of that decision. For those that may have missed that issue, a quick review is in order. Osborne had been convicted of rape. The victim testified that the perpetrator removed a condom after the rape, and this condom, filled with seminal fluid, was recovered at the crime scene. Before the trial, Osborne’s attorney refused to seek DNA testing out of fear that the results would incriminate his client. This, however, was in contradiction to Osborne’s explicit requests. Osborne was convicted, and during the post conviction process, represented by a different attorney, sought DNA testing, but Alaskan state prosecutors successfully blocked the testing, arguing “The request for testing is frivolous in light of the overwhelming evidence of guilt, that it would open the floodgates of litigation, and that the public has a legitimate right to finality.” In the above referenced prior Guardian article, I argued how such a ruling is inconsistent with correcting wrongful convictions. That point is made even more conspicuous by the fact that prior to fighting Osborne at the Supreme Court, the prosecutors publicly conceded, despite continuing to fight against him, that permitting the testing would definitively determine guilt or innocence. At the time of the case, Alaska was one of the few states that did not have a statute granting DNA testing. The negative outcome of the Osborne decision has now, for the first time, impacted a case in New York. Frank
McKithen was convicted in 1993 by a Queens jury of attempted murder, assault, reckless endangerment and intimidation of a victim or witness. According to a Nov. 23, 2010 article in the New York Law Journal, the facts of the case are, “One night in the summer of 1992, she was watching television with a friend when Mr. McKithen snuck into their home and confronted her about her decision to testify against him before a grand jury regarding an earlier incident. She tried to run, she said, but he stabbed her in the back with a knife.” McKithen sought DNA testing, arguing that the test would show that blood on the knife did not belong to her and that her story was therefore false. McKithen, thus far incarcerated for 18 years, had exhausted every avenue of appeal, prior to being granted the right to testing by Eastern District Judge Gleeson, whose holding read, “I conclude that the Due Process Clause of the Fourteenth Amendment grants a convicted offender access to physical evidence for the purpose of DNA testing if it can be performed with negligible cost to the state and exculpatory results would undermine confidence in the outcome of trial.” Queens District Attorney Richard Brown’s office, whose office has been successfully sued twice in unrelated cases involving prosecutorial misconduct, appealed Gleeson’s decision to the 2nd Circuit. While the appeal was pending, the US Supreme Court decided Osborne. The Circuit Court, while praising Gleeson’s decision, saying, “The District Court produced an opinion notable for its careful attention to precedent and for the quality of its reasoning, which proved to be intricate and, in many ways, persuasive,” nevertheless went on to say, “While this appeal was pending, the Supreme Court decided [Osborne], which addressed the
same question but reached an opposing result…Osborne controls the disposition of this appeal and compels the conclusion that plaintiff-appellee was not entitled to relief under 42 U.S.C. §1983 because he has no procedural due process right to receive evidence for the purpose of post-conviction DNA testing. The Osborne Court was clear that the lower federal courts are to defer to the judgment of state legislatures concerning the process due prisoners seeking evidence for their state court post-conviction actions. Federal courts may upset a State’s post conviction relief procedures only if they are fundamentally inadequate to vindicate the substantive rights provided.’” New York’s procedures, the Judge wrote, do no “Sink to that level.” Since it is extremely unlikely that the U.S. Supreme Court will agree to grant McKithen permission to appeal to them, or that even if permission were granted that the Court will so soon over rule its own precedent, McKithen is out of judicial options. From where I stand, the Queens District Attorney’s Office is taking an unreasonable position. There is nothing to be lost by allowing the testing; either it will show that McKithen is guilty, in which case the question of innocence will permanently put to bed, or it will show his innocence. This case illustrates the urgent need for the New York State Legislature to deal with the void in state law regarding the right for post-conviction testing in light of the implications of Osborne. We have some legislation on the books, which though inadequate under the circumstances, already indicates prior interest by the legislature. Now that legislation needs to be bolstered. Otherwise, there undoubtedly will be other defendants who will be denied DNA testing, and as a society we will lack the finality that comes with knowing, to a scientific certainty,
whether in fact they are guilty of the crime for which they are incarcerated. Just think: None of the 27 DNA proven wrongful convictions, my own case amongst them, out of the nation’s 261, would have taken place had the defendants been denied testing. Given DNA’s power to make an absolute statement, it would be shameful not to provide the enabling legislation guaranteeing access to testing. Furthermore, it would ignore the cruelty of past injustices in which defendants remained incarcerated longer than necessary as a result of being denied testing. Jeffrey M. Deskovic is a Criminal Justice Advocate and Exoneree. To learn more, visit his website: www.JeffreyDeskovicSpeaks.org.
LEGAL NOTICES NOTICE OF SALE SUPREME COURT COUNTY OF WESTCHESTER, US BANK NATIONAL ASSOCIATION, AS TRUSTEE OF CITIGROUP MORTGAGE LOAN TRUST, ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2006-FX1 UNDER THE POOLING AND SERVICING AGREEMENT DATED OCTOBER 1, 2006, WITHOUT RECOURSE, Plaintiff, vs. JOHN C. ALLEVA, ET AL., Defendant(s). Pursuant to a Judgment of Foreclosure and Sale duly filed on April 22, 2010, I, the undersigned Referee will sell at public auction at the Westchester County Courthouse, Lobby, 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY on January 11, 2011 at 9:00 a.m., premises known as 104 Washington Avenue, White Plains, NY. All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of North Castle, County of Westchester and State of New York, Section 6, Block 7 and Lot 49 f/k/a 49, 50. Approximate amount of judgment is $530,843.83 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index # 1091/08. W. Whitfield Wells, Esq., Referee Knuckles, Komosinski & Elliott, LLP, 565 Taxter Road, Ste. 590, Elmsford, NY 10523, Attorneys for Plaintiff
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THURSDAY, DECEMBER 9, 2010
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LEGAL NOTICES Kim Schwartz LCSW PLLC Articles of Org. filed NY Sec. of State (SSNY) 9/3/2010. Office in Westchester Co. SSNY design. Agent of PLLC upon whom process may be served. SSNY shall mail copy of process The PLLC 380 Route 202 Somers, NY 10589. Purpose: Any lawful activity. Erica Chambers LCSW PLLC Articles of Org. filed NY Sec. of State (SSNY) 9/3/2010. Office in Westchester Co. SSNY design. Agent of PLLC upon whom process may be served. SSNY shall mail copy of process The PLLC 380 Route 202 Somers, NY 10589. Purpose: Any lawful activity. Dano Associates, L.P. Articles of Org. filed NY Sec. of State (SSNY) 9/22/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process The LLC 97 Fanevil Place New Rochelle, NY 10801. Purpose: Any lawful activity. NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: Sasha’s Place Property Management, LLC. Articles of Organization were filed with the Secretary of State of New York (SSNY) on 10/14/10. Office location: Westchester County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to the Corporation Service Company, 80 State Street, Albany, New York 12207. Purpose: For any lawful purpose.
Anne L. Boffoli Bentzen LCSW PLLC Articles of Org. filed NY Sec. of State (SSNY) 9/24/2010. Office in Westchester Co. SSNY design. Agent of PLLC upon whom process may be served. SSNY shall mail copy of process The PLLC 380 Route 202 Somers, NY 10589. Purpose: Any lawful activity. Northern Westchester Counseling Associates LCSW PLLC Articles of Org. filed NY Sec. of State (SSNY) 10/15/2010. Office in Westchester Co. SSNY design. Agent of PLLC upon whom process may be served. SSNY shall mail copy of process The PLLC 380 Route 202 Somers, NY 10589. Purpose: Any lawful activity. Jessy A. Samuel Consulting, LLC Articles of Org. filed NY Sec. of State (SSNY) 8/10/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process Corporation Service Company 80 State Street Albany, NY 12207. Purpose: Any lawful activity. Registered Agent: Corporation Service Company 80 State Street Albany, NY 12207. Donna Garr & Associates, LLC Articles of Org. filed NY Sec. of State (SSNY) 9/28/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process The LLC 80 Whitlockville Rd Katonah, NY 10536. Purpose: Any lawful activity.
Jas Photography, LLC Articles of Org. filed NY Sec. of State (SSNY) 8/10/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process Corporation Service Company 80 State Street Albany, NY 12207. Purpose: Any lawful activity. Registered Agent: Corporation Service Company 80 State Street Albany, NY 12207 Simply Diamond Music LLC Articles of Org. filed NY Sec. of State (SSNY) 8/31/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process The LLC 208 Pound Ridge Road Bedford, NY 10506. Purpose: Any lawful activity. Registered Agent: Rosanne La Blanc 208 Pound Ridge Road Bedford, NY 10506. Cindy Smith-Menchin LCSW PLLC Articles of Org. filed NY Sec. of State (SSNY) 9/3/2010. Office in Westchester Co. SSNY design. Agent of PLLC upon whom process may be served. SSNY shall mail copy of process The PLLC 380 Route 202 Somers, NY 10589. Purpose: Any lawful activity. Notice of formation of Curuzu Real Estate, LLC filed with Sec’y of State (SSNY) on 9/30/10. Office location: Westchester County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to: Curuzu Real State, LLC at 17 Sunny Ridge Rd. New Rochelle, NY 10804. Purpose: any lawful activity.
Wells Park Drive, LLC Articles of Org. filed NY Sec. of State (SSNY) 9/7/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process Corporation Service Company 80 State Street Albany, NY 12207. Purpose: Any lawful activity. Registered Agent: Corporation Service Company 80 State Street Albany, NY 12207.
DJLS, LLC Articles of Org. filed NY Sec. of State (SSNY) 9/1/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to Corporation Service Company 80 State St. Albany, NY 12207. Purpose: Any lawful activity. Registered Agent: Corporation Service Company 80 State St. Albany, NY 12207.
LIMITED LIABILITY COMPANY
Health&Saftey Options, LLC Authority filed with Secy. of State of NY (SSNY) on 8/23/2010. Office location: Westchester Co. LLC formed in Iowa (IA) on 10/19/09. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to The LLC 109 W Main St PO Box 86 Lime Springs, IA 52155. IA address of LLC: 109 W Main St PO Box 86 Lime Springs, IA 52155. Arts. Of Org. filed with IA Secy. of State, 321 E 12th St Des Moines, IA 50319. Purpose: any lawful activity
KGM AUTO DETAILING, LLC Filed 8/23/2010 Westchester County, 200 Main Street, New Rochelle, NY, NY Sec of State desig agent and mail copy to Bus Filings Inc. 187 Wolf Rd., Ste 101, Albany, NY 12205 for any process served. All lawful purposes. 315 Coster Street, LLC Articles of Org. filed NY Sec. of State (SSNY) 7/19/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process The LLC 44 Fenimore Road New Rochelle, NY 10804. Purpose: Any lawful activity. DJL, LLC Articles of Org. filed NY Sec. of State (SSNY) 9/1/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to Corporation Service Company 80 State St. Albany, NY 12207. Purpose: Any lawful activity. Registered Agent: Corporation Service Company 80 State St. Albany, NY 12207.
Perkins Realty LLC Articles of Org. filed NY Sec. of State (SSNY) 10/27/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process The LLC 21 Union Avenue Tarrytown, NY 10591. Purpose: Any lawful activity. Gravino Group, LLC Authority filed with Secy. of State of NY (SSNY) on 11/2/2010. Office location: Westchester Co. LLC formed in Delaware (DE) on 6/4/2010. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall
mail process to The LLC 45 Fieldstone Dr Katonah, NY 10536. DE address of LLC: 3411 Silverside Rd Rodney Bldg #104 Wilmington, DE 19810. Arts. Of Org. filed with DE Secy. of State, PO Box 898 Dover, DE 19903. Purpose: any lawful activity. SRCP GROUP, LLC, Art. Of Org. filed with NY Secy. of State on 7/7/10. Office located in Westchester Co. Secy. of State designated as agent upon which process may be served. Secy. of State shall mail a copy of any process against it served upon him/her to: 260 Worthington Road, White Plains, NY 10607, principal business location of the LLC. Purpose: any lawful business activity. Notice of Authority of ValBacher, LLC; Application for Authority to do business in the State of New York was filed with the Department of State on November 3, 2010; Office Location:, Westchester County; SSNY has been designated as agent of LLC upon whom process against it may be served; SSNY may mail a copy of service of process to, 119 North Road, White Plains, NY 10603. Purpose: Any lawful Purpose. White Plains Homeowners Coalition, LLC Articles of Org. filed NY Sec. of State (SSNY) 10/8/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to The LLC 980 Broadway, Ste. 225 Thornwood, NY 10594. Purpose: Any lawful activity.
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THURSDAY, DECEMBER 9, 2010
www.westchesterguardian.com