Thursday, September 17, 2009
In Our Opinion...
Hey, Mike!
We strongly support the First Amendment, particularly Freedom Of The Press. As a newspaper, we are very sensitive to any attempt,
no matter how subtle or disguised, to stifle free expression of one’s knowledge or beliefs. History has repeatedly shown us that totalitarian
regimes characteristically do not accept, or live in harmony with, a free press.
A free press, and an unfettered marketplace of ideas, is essential to any Democratic society or form of government. However, it is mandatory
that anyone holding themselves out as a journalist be willing to identify both himself and his source, especially when publishing an accusatory piece, one that may be damaging to another, or to their reputation. In this regard, although we support the First Amendment in all of its manifestations, be they broadcast, newsprint, hard-covered, or electronic, we have no respect for those who would ventilate their flatulent offerings while hiding behind the anonymity of their computer IP.
Such creatures foul up the marketplace of ideas with their excretions, frequently not merely assuming an Anon or some other fictional
identification, but often using many assumed identities, sometimes 10 or 12, posting one dropping after another, asking and answering their own irrelevancies. At times these ‘burnt offerings’ are almost amusing, but for their usual highly defamatory content. For such posters, it’s as though they can’t get their daily fix until they spew their venom, and then go hide.
To suggest that such multiple posters are cowardly creatures is to engage in classic British understatement. They have an axe to grind, and/or an agenda, or somebody else’s agenda to further, and frequently go from blog to blog, leaving behind their mostly fictional, malicious rants, much as graffiti sprayers do as they go from wall to fence, disfiguring the urban panorama.
Interestingly, even when they blow their own cover with their repetitive beef, their practice-specific terminology, and their manic repetition,
getting identified by name by the very next poster, they go right on as if the silver bullet had just bounced off their body armor. In reality, they are pathetically addicted to the blogosphere, getting a rush from posting rude, sometimes very crude, remarks about decent individuals whose shoes they couldn’t shine, whose eyes they couldn’t look into; they don’t stand tall enough.
“Cowardly creatures”? Sure, but somehow ‘little worm’ seems a much more fitting description. It’s truly hard to tell if they are one notch above, or one notch below, the creeps who write on the walls in public toilets. As a “political commentator”, Mike Edelman, what do you think?
Our Readers Respond...
And Now A Word From The Right
Dear Editor:
After reading an article by your Democratic operative, Fred Polvere (Our Elite Media) I must ask a question culled from his “objective” article. On what planet do you spend your time, Mr. Polvere? The article deals with an ad placed on MoveOn.Org during the Bush Administration which spliced together images of Bush and Hitler. It is Polvere’s contention that the Republican Party unfairly condemned the Democrats when he claims they were totally innocent in the publication of the ads.
For Polvere’s information MoveOn.Org is a left-wing group funded by George Soros, an avowed Socialist, and an unofficial arm of the Democratic Party. To state as he did in the article that the Republicans should have remained mum and not condemned the Soros group and the Democrats is naïve. Who runs the mainstream media in America today? Not the Republicans or the various conservative talk show hosts,
but as Polvere knows, or should know, the media is infested with Liberals who wouldn’t know the truth if they fell over it.
Instead he condemns the Fox News Channel which at least makes an effort to present both sides of an issue. Can the same be said for CBS, NBC, ABC or the New York Times? The fact that a majority of Americans fell for the left wing propaganda of the left wing media and elected a neo-Marxist President is clear proof of the “objectivity” of the press. If they had dared to tell the truth about Obama’s background, his associates, and his political philosophy, it is a good bet that he would not be sitting in the White House with his American hating wife. The press in America has disgraced itself by laying down and becoming a harlot for the Obama Administration.
Sal Dye, New Rochelle
Another Good Idea From Paul
Dear Editor:
At the meeting of the Greenburgh Town Board on September 9th two residents spoke of the value of CPR training. One mother (Janine Thompson) advised the Town Board that her small child’s life was saved because a child care provider who worked for her provided CPR after the child choked (and after the frightened mother failed to successfully stop the choking). Wendy Marder Lewin also spoke of the need for CPR training.
The presentation made me reflect on an unpleasant fact: most people do not know what to do if a family member has a choking incident. Even if someone had CPR training years ago –if they don’t get refreshers, they will forget what needs to be done. I would like to suggest that all school districts teach every middle school and high school student CPR. CPR training by a qualified instructor could save lives. Students should also learn how to relieve choking and how to use an AED –automated external defibrillator. If one life is saved because of this annual instruction it would be worth the cost. Providing CPR training to every middle school and high school student and reinforcing the training each year makes a tremendous amount of sense.
Paul Feiner, Greenburgh Town Supervisor
Showing posts with label Our Readers Respond. Show all posts
Showing posts with label Our Readers Respond. Show all posts
Thursday, September 17, 2009
Thursday, September 10, 2009
Westchester Guardian/In Our Opinion/Our Reader Respond.
Thursday, September 10, 2009
In Our Opinion...
The Crucible
We said last week that the imposed affordable housing settlement would “bring the County Legislators’ moment of truth.” Having attended last Tuesday’s session, a so-called Meeting Of The Committee Of The Whole, we are further convinced that this social and financial disaster dumped on the County Legislators and, more importantly, through them, onto the families and taxpayers of Westchester, will be the crucible that will expose the wrongful relationship between the executive and legislative branches of our County government; the willful short-circuiting of checks and balances and separation of powers that are supposed to exist in our democracy.
The ugly reality for Westchester families, particularly those struggling to pay their highest-in-the-nation property taxes while feeding, sheltering, and educating their children, is that the present county executive, now completing his 12th year in that office under the guidance of Larry Schwartz, several years ago succeeded in nullifying the independent will and power of the so-called County Legislature. Quite simply, that was accomplished by seizing control of the Democratic Party machinery, particularly the fundraising operation, and then distributing money, campaign contributions, to the candidates of Andy’s and Larry’s choosing for positions on the County Legislature.
In addition, they abused the appointment of legislators’ spouses, etc. to County jobs, and the granting of County contracts, where possible, without the use of bidding, thus completing the scheme. Essentially, Spano & Company have, for several years now, used our hard-earned tax dollars to buy themselves the most controlled, fundamentally corrupted legislature money could buy; 13 Democrats, every one of them beholden to the County Executive for campaign contributions, selection, and ‘getting out the vote’.
What a cynical scam all these years. Why have a county legislature at all if its nothing but a rubber stamp for what turns out to be a devious, inept administration; one which even attempted to rip off and deceive the federal government.
Witnessing the failure of the overwhelming majority of legislators present to voice objection to, or even identify the culprits, Andy Spano, Larry Schwartz, and their mouthpiece, Susan Tolchin, who was present, and who now arrogantly presents a ‘take-it-or-leave-it’ proposition to them, was evidence enough of their all-too-willing co-conspiracy; one big happy family.
Consider the awesome power and control County Executive Andy Spano possesses. Not only does he control the District Attorney, who continues to look the other way, but also, for $1,000-a-week each, there’s nothing he hasn’t been able to get by his super-majority legislators; even a broken-down, mold-infested old building his buddies couldn’t pawn off on anyone else. Oh, what’s $20 million anyway? It’s only taxpayers’ money, after all. Now these legislators are confronted with a mess brought about by Spano & Company’s mismanagement, misappropriation, and deception; essentially an attempt to work a fraud against the federal government, for which they got caught, and for which taxpayers and homeowners will now be made to pay. If they were of the right frame of mind, as an autonomous, independent body of the People’s representatives, the legislators would have hired their own independent, outside counsel. The fact that they have failed to do so speaks volumes about their sincerity and their intention.
None of what is now occuring would be the case but for the bigger fraud Westchester voters have allowed Spano and his players to get away with for several years; one rigged election after another.
We think there is no better time than right now to rid our County of such political parasites, and all of their hack friends. It’s time to retire every single incumbent in County government now standing for re-election. They are all inter-connected, regardless of party, in a network of corruption that the honest, hard-working People of Westchester can no longer afford, and need to put an end to.
Our Readers Respond...
A Voice Of Wisdom From Yonkers
Dear Editor:
I am writing to urge registered Democrats, especially, to vote in the coming primary, and all in the November general election. All elected offices are important, but none currently exceed the importance of the District Attorney, in my opinion. I am a senior, and a woman, and I have been disturbed by a number of actions taken by the former District Attorney, Jeanine Pirro, and the current DA, Janet DiFiore. Jeff Deskovic, in his column, has reported that five of Jeanine Pirro’s convictions have been overturned in a higher court. I think it is likely there are many more as I am aware of a few myself. I have been told by a reliable source that close to 200 convictions need to be looked at in Westchester County from the past 20 years. That means many of those claiming innocence could actually be innocent and the real perpetrators still posing a threat to our citizens. Tony Castro has said he will take a second look at suspicious, weak, convictions.
He has also pledged to represent the rights and interests of all citizens, and has a record of integrity and excellence when serving as Assistant District Attorney in The Bronx. He supervised hundreds of ADAs, handling thousands of indictments per year, and, personally conducted homicide trials.
I believe much exculpatory data exists and continues to be withheld by DA Janet DiFiore. Only in Federal Court did Janet DiFiore admit 52 boxes and almost 400 pages of very exculpatory evidence were withheld in Anthony DiSimone’s case. Jeanine Pirro tried him, and Janet DiFiore tried to retry him despite the higher court decision. Janet DiFiore also seems confused on the good cop/bad cop score. She withholds information in the
Christopher Ridley shooting case that would point to impulsive, reckless action by one County cop, and possibly questionable action by others. But, she really shows her hand in Yonkers where she protected some brutal cops, and indicted their victims, some with severe injuries. She also has gone after some good cops who have dared to question her authority or her actions. Most Yonkers cops act professionally, but Commissioner Hartnett seems to have “a few stormtroopers” on staff.
I can’t help but think about the established fact that some 26 seals on voting machines were broken in Yonkers the last time we voted for DA in this County. Janet DiFiore won by only three percent of the vote over Tony Castro, and it was decided in Yonkers. Did the Yonkers Police have a part in this?
I suggest there should be a citizens’ watch over the building where the voting machines are held until the vote is made official; not only in Yonkers, but in any other community where the citizens believe there could be any tampering with their vote. Until power-hungry and/or corrupt district attorneys can be brought up on charges of prosecutorial misconduct and police officials charged for known compromising or coercive behavior on
suspects, Lady Justice will remain blind, all right, and the scales of justice weighted against the people.
Help vote for a real change. The primary is an essential step to breathing cleaner air in the County.
A Raging Granny In Yonkers Who Is A Former Probation Officer
Major Ethical Violations In Yorktown
Dear Editor:
Sometimes if you just listen, you can learn a lot. People have been stopping me all over town and I have just been listening. Many other people
have had their own personal “run-in” with our Highway Superintendent, Eric DiBartolo. I am glad that some other brave souls have not been intimidated by his threats and have publicly come forward to discuss their disturbing experiences. More disturbing is that nothing has been done.
Therefore, I will be submitting a formal complaint to the Town Ethics Committee to have a formal investigation of the following issues:
1. Over and over we hear the story about bribes being taken by not only our Highway Superintendent, Eric DiBartolo, but also by
other Yorktown elected officials. Not only is nothing being done, but there are not even any Hollywood-type denials by these officials.
2. The Highway Superintendent, Eric DiBartolo, used town employees to help gather signatures on his petition for the Board of Elections. We are not talking about a few signatures. One employee got 90 signatures and another got 48. The total number required was only about 400. They got more than 25 percent of the required signatures. Isn’t there some Civil Service rule about town employees engaging in political activity?
Was this done during work time? Did they “volunteer”?
3. The Highway Superintendent, Eric DiBartolo, was driving around town in an unmarked police car, pulling people over. Is this just another part of his expanded duties as “Director of Labor Operations”? Or was he impersonating a police officer? I am going to try that and see what happens.
4. The Highway Superintendent, Eric DiBartolo, has red lights and sirens on his town vehicle. He uses it for his work as a county arson investigator.
Why is a Town Vehicle being used for that activity? Does the Town have any liability if something happens during a response? And someone is getting reimbursed for mileage during that activity. Who?
5. How many times did we read about the Highway Superintendent, Eric DiBartolo, giving no-bid contracts to his friends and family? As an isolated incident, maybe you can let it slide, but with all the rest of the activity, is there some pattern here?
These questions have been out there for months and all I hear is silence. I will be walking around town talking to people and I am sure I will hear more stuff. Stay tuned and maybe we will have some answers. It is time for the empire of Little Caesar to come to an end.
Peter Antonaros, Yorktown
Reader Appreciates The Guardian
Dear Editor:
I would like to take this opportunity to thank the staff of The Westchester Guardian for providing the readers of Westchester County with material that they would not be able to find in any other publication.
Of particular interest is Richard Blassberg’s “The Court Report” with its reporting of court proceedings, and its reproduction of court documents,
which give our citizens an opportunity to observe and understand the actual operation of our judicial system.
I would also like to single out John Leo Tufts, Jr.’s “This Week In History,” from which I and other readers may supplement our knowledge of the history and traditions of our great country, and of its place in the history of the world.
I look forward to a long life of publication for The Westchester Guardian, and to many years of unique and informative weekly reporting.
Eugene Batizat, M.A., Yonkers
Reader Joins Health Insurance Debate
Dear Editor:
Regarding health care reform:
1. What percentage of one’s income should be spent on health insurance?
2. What additional percent of one’s income is one recommended to save for health care costs not covered by insurance? Must insurance
premiums be so high that one cannot afford to save for such costs?
3. Private insurance companies have adopted what is feared about a “public” insurance: restricted choice of doctors; gags on information about (or at least non-coverage of) “un-endorsed” treatments and methods; unaffordable premiums. On the one hand, what would be the advantage of a public option that mimics current private options? On the other hand, what advantage do the current easiest-to-learn-about private options have over a public option? Does not focusing on whether there should be a public option distract from specifics of what a health insurance package, public or private, should include?
4. What reason is there to agitate for or against “health care reform” before learning its planned specific details? Do the lawmakers voting on
it know the details? When will they be publicized? How will premiums be determined? Who will decide which treatments and procedures to declare “gold star”, to accept at all? In such decisions, how will human rights, science, commerce, ideology, and social engineering interplay?
Does the current package already contain or expect specific endorsements and, if so, what? Both people who fear ulterior motives and people
with ulterior motives need to know.
5. Is not mandatory health insurance, whether paid to the government or a private company, like a tax?
Jeanette Wolfberg,
Mount Kisco
Treat All Animals With Kindness
Dear Editor:
As a youngster, Christine spent much time with the chubby, happy, wiggly puppy her father gave her. But as Pepper grew into a big dog and Christine became a teenager preoccupied with other activities, Pepper was relegated to a lonely life outdoors, continually chained to a doghouse.
On the few occasions Christine visited the doghouse, Pepper “would go crazy with excitement and would still obey the commands I’d taught
him years before.”
One day, when Christine came home from college, Pepper was gone. Her father explained since nobody wanted to care for Pepper, Christine’s brother shot him.
Today, an adult, Christine is wracked with guilt. She has cried many times for Pepper and his sad life. She urges people to let their dogs live indoors, and to always exercise, love and protect them.
After reading Christine’s story in the Summer 2009 issue of PETA’s Animal Times, I hugged Lexi, my hound dog, and I thanked God for the opportunity to share my home with her and my two adopted hamsters.
Christine conveys an important message. And when we treat animals with kindness, we enrich our own lives as well as theirs.
Joel Freedman
Canandaigua, NY
The writer chairs the Public Education Committee of Animal Rights Advocates of upstate New York.
In Our Opinion...
The Crucible
We said last week that the imposed affordable housing settlement would “bring the County Legislators’ moment of truth.” Having attended last Tuesday’s session, a so-called Meeting Of The Committee Of The Whole, we are further convinced that this social and financial disaster dumped on the County Legislators and, more importantly, through them, onto the families and taxpayers of Westchester, will be the crucible that will expose the wrongful relationship between the executive and legislative branches of our County government; the willful short-circuiting of checks and balances and separation of powers that are supposed to exist in our democracy.
The ugly reality for Westchester families, particularly those struggling to pay their highest-in-the-nation property taxes while feeding, sheltering, and educating their children, is that the present county executive, now completing his 12th year in that office under the guidance of Larry Schwartz, several years ago succeeded in nullifying the independent will and power of the so-called County Legislature. Quite simply, that was accomplished by seizing control of the Democratic Party machinery, particularly the fundraising operation, and then distributing money, campaign contributions, to the candidates of Andy’s and Larry’s choosing for positions on the County Legislature.
In addition, they abused the appointment of legislators’ spouses, etc. to County jobs, and the granting of County contracts, where possible, without the use of bidding, thus completing the scheme. Essentially, Spano & Company have, for several years now, used our hard-earned tax dollars to buy themselves the most controlled, fundamentally corrupted legislature money could buy; 13 Democrats, every one of them beholden to the County Executive for campaign contributions, selection, and ‘getting out the vote’.
What a cynical scam all these years. Why have a county legislature at all if its nothing but a rubber stamp for what turns out to be a devious, inept administration; one which even attempted to rip off and deceive the federal government.
Witnessing the failure of the overwhelming majority of legislators present to voice objection to, or even identify the culprits, Andy Spano, Larry Schwartz, and their mouthpiece, Susan Tolchin, who was present, and who now arrogantly presents a ‘take-it-or-leave-it’ proposition to them, was evidence enough of their all-too-willing co-conspiracy; one big happy family.
Consider the awesome power and control County Executive Andy Spano possesses. Not only does he control the District Attorney, who continues to look the other way, but also, for $1,000-a-week each, there’s nothing he hasn’t been able to get by his super-majority legislators; even a broken-down, mold-infested old building his buddies couldn’t pawn off on anyone else. Oh, what’s $20 million anyway? It’s only taxpayers’ money, after all. Now these legislators are confronted with a mess brought about by Spano & Company’s mismanagement, misappropriation, and deception; essentially an attempt to work a fraud against the federal government, for which they got caught, and for which taxpayers and homeowners will now be made to pay. If they were of the right frame of mind, as an autonomous, independent body of the People’s representatives, the legislators would have hired their own independent, outside counsel. The fact that they have failed to do so speaks volumes about their sincerity and their intention.
None of what is now occuring would be the case but for the bigger fraud Westchester voters have allowed Spano and his players to get away with for several years; one rigged election after another.
We think there is no better time than right now to rid our County of such political parasites, and all of their hack friends. It’s time to retire every single incumbent in County government now standing for re-election. They are all inter-connected, regardless of party, in a network of corruption that the honest, hard-working People of Westchester can no longer afford, and need to put an end to.
Our Readers Respond...
A Voice Of Wisdom From Yonkers
Dear Editor:
I am writing to urge registered Democrats, especially, to vote in the coming primary, and all in the November general election. All elected offices are important, but none currently exceed the importance of the District Attorney, in my opinion. I am a senior, and a woman, and I have been disturbed by a number of actions taken by the former District Attorney, Jeanine Pirro, and the current DA, Janet DiFiore. Jeff Deskovic, in his column, has reported that five of Jeanine Pirro’s convictions have been overturned in a higher court. I think it is likely there are many more as I am aware of a few myself. I have been told by a reliable source that close to 200 convictions need to be looked at in Westchester County from the past 20 years. That means many of those claiming innocence could actually be innocent and the real perpetrators still posing a threat to our citizens. Tony Castro has said he will take a second look at suspicious, weak, convictions.
He has also pledged to represent the rights and interests of all citizens, and has a record of integrity and excellence when serving as Assistant District Attorney in The Bronx. He supervised hundreds of ADAs, handling thousands of indictments per year, and, personally conducted homicide trials.
I believe much exculpatory data exists and continues to be withheld by DA Janet DiFiore. Only in Federal Court did Janet DiFiore admit 52 boxes and almost 400 pages of very exculpatory evidence were withheld in Anthony DiSimone’s case. Jeanine Pirro tried him, and Janet DiFiore tried to retry him despite the higher court decision. Janet DiFiore also seems confused on the good cop/bad cop score. She withholds information in the
Christopher Ridley shooting case that would point to impulsive, reckless action by one County cop, and possibly questionable action by others. But, she really shows her hand in Yonkers where she protected some brutal cops, and indicted their victims, some with severe injuries. She also has gone after some good cops who have dared to question her authority or her actions. Most Yonkers cops act professionally, but Commissioner Hartnett seems to have “a few stormtroopers” on staff.
I can’t help but think about the established fact that some 26 seals on voting machines were broken in Yonkers the last time we voted for DA in this County. Janet DiFiore won by only three percent of the vote over Tony Castro, and it was decided in Yonkers. Did the Yonkers Police have a part in this?
I suggest there should be a citizens’ watch over the building where the voting machines are held until the vote is made official; not only in Yonkers, but in any other community where the citizens believe there could be any tampering with their vote. Until power-hungry and/or corrupt district attorneys can be brought up on charges of prosecutorial misconduct and police officials charged for known compromising or coercive behavior on
suspects, Lady Justice will remain blind, all right, and the scales of justice weighted against the people.
Help vote for a real change. The primary is an essential step to breathing cleaner air in the County.
A Raging Granny In Yonkers Who Is A Former Probation Officer
Major Ethical Violations In Yorktown
Dear Editor:
Sometimes if you just listen, you can learn a lot. People have been stopping me all over town and I have just been listening. Many other people
have had their own personal “run-in” with our Highway Superintendent, Eric DiBartolo. I am glad that some other brave souls have not been intimidated by his threats and have publicly come forward to discuss their disturbing experiences. More disturbing is that nothing has been done.
Therefore, I will be submitting a formal complaint to the Town Ethics Committee to have a formal investigation of the following issues:
1. Over and over we hear the story about bribes being taken by not only our Highway Superintendent, Eric DiBartolo, but also by
other Yorktown elected officials. Not only is nothing being done, but there are not even any Hollywood-type denials by these officials.
2. The Highway Superintendent, Eric DiBartolo, used town employees to help gather signatures on his petition for the Board of Elections. We are not talking about a few signatures. One employee got 90 signatures and another got 48. The total number required was only about 400. They got more than 25 percent of the required signatures. Isn’t there some Civil Service rule about town employees engaging in political activity?
Was this done during work time? Did they “volunteer”?
3. The Highway Superintendent, Eric DiBartolo, was driving around town in an unmarked police car, pulling people over. Is this just another part of his expanded duties as “Director of Labor Operations”? Or was he impersonating a police officer? I am going to try that and see what happens.
4. The Highway Superintendent, Eric DiBartolo, has red lights and sirens on his town vehicle. He uses it for his work as a county arson investigator.
Why is a Town Vehicle being used for that activity? Does the Town have any liability if something happens during a response? And someone is getting reimbursed for mileage during that activity. Who?
5. How many times did we read about the Highway Superintendent, Eric DiBartolo, giving no-bid contracts to his friends and family? As an isolated incident, maybe you can let it slide, but with all the rest of the activity, is there some pattern here?
These questions have been out there for months and all I hear is silence. I will be walking around town talking to people and I am sure I will hear more stuff. Stay tuned and maybe we will have some answers. It is time for the empire of Little Caesar to come to an end.
Peter Antonaros, Yorktown
Reader Appreciates The Guardian
Dear Editor:
I would like to take this opportunity to thank the staff of The Westchester Guardian for providing the readers of Westchester County with material that they would not be able to find in any other publication.
Of particular interest is Richard Blassberg’s “The Court Report” with its reporting of court proceedings, and its reproduction of court documents,
which give our citizens an opportunity to observe and understand the actual operation of our judicial system.
I would also like to single out John Leo Tufts, Jr.’s “This Week In History,” from which I and other readers may supplement our knowledge of the history and traditions of our great country, and of its place in the history of the world.
I look forward to a long life of publication for The Westchester Guardian, and to many years of unique and informative weekly reporting.
Eugene Batizat, M.A., Yonkers
Reader Joins Health Insurance Debate
Dear Editor:
Regarding health care reform:
1. What percentage of one’s income should be spent on health insurance?
2. What additional percent of one’s income is one recommended to save for health care costs not covered by insurance? Must insurance
premiums be so high that one cannot afford to save for such costs?
3. Private insurance companies have adopted what is feared about a “public” insurance: restricted choice of doctors; gags on information about (or at least non-coverage of) “un-endorsed” treatments and methods; unaffordable premiums. On the one hand, what would be the advantage of a public option that mimics current private options? On the other hand, what advantage do the current easiest-to-learn-about private options have over a public option? Does not focusing on whether there should be a public option distract from specifics of what a health insurance package, public or private, should include?
4. What reason is there to agitate for or against “health care reform” before learning its planned specific details? Do the lawmakers voting on
it know the details? When will they be publicized? How will premiums be determined? Who will decide which treatments and procedures to declare “gold star”, to accept at all? In such decisions, how will human rights, science, commerce, ideology, and social engineering interplay?
Does the current package already contain or expect specific endorsements and, if so, what? Both people who fear ulterior motives and people
with ulterior motives need to know.
5. Is not mandatory health insurance, whether paid to the government or a private company, like a tax?
Jeanette Wolfberg,
Mount Kisco
Treat All Animals With Kindness
Dear Editor:
As a youngster, Christine spent much time with the chubby, happy, wiggly puppy her father gave her. But as Pepper grew into a big dog and Christine became a teenager preoccupied with other activities, Pepper was relegated to a lonely life outdoors, continually chained to a doghouse.
On the few occasions Christine visited the doghouse, Pepper “would go crazy with excitement and would still obey the commands I’d taught
him years before.”
One day, when Christine came home from college, Pepper was gone. Her father explained since nobody wanted to care for Pepper, Christine’s brother shot him.
Today, an adult, Christine is wracked with guilt. She has cried many times for Pepper and his sad life. She urges people to let their dogs live indoors, and to always exercise, love and protect them.
After reading Christine’s story in the Summer 2009 issue of PETA’s Animal Times, I hugged Lexi, my hound dog, and I thanked God for the opportunity to share my home with her and my two adopted hamsters.
Christine conveys an important message. And when we treat animals with kindness, we enrich our own lives as well as theirs.
Joel Freedman
Canandaigua, NY
The writer chairs the Public Education Committee of Animal Rights Advocates of upstate New York.
Thursday, September 3, 2009
Westchester Guardian/In Our Opinion/Our Readers Respond.
Thursday, September 3, 2009
In Our Opinion...
Imposed Affordable Housing Settlement Brings County Legislators’ Moment Of Truth
We believe the Westchester County Legislature, a body of 17 individuals, 13 of whom, whose One thousand Dollars A Week For Life lottery tickets have been validated by Andy Spano, with the advice and consent of Larry Schwartz, must now face their constituents.
They have shown us in the recent past, just last year, in fact, that the super-majority of them, the Democrats, are willing to do just about anything Andy asks of them, without hesitation and without scrutiny, no matter how unanimously their constituents may protest against it. Deciding, whether or not, to approve of the punitive over-reaching $65 million settlement that Andy’s misappropriation of $52 million, and his untruthfulness to the federal government, has put on Westchester families’ shoulders, may now very well turn out to be their moment
of truth.
There are so many unanswered questions and so little time to get things straight; less than a month. One thing is certain, however, taxpayers will be watching very closely and, taxpayers are also voters.
It will be most interesting to see just how thoroughly legislators are willing to scrutinize Spano, and whether or not they have
courage enough to bring Larry Schwartz before them, by subpoena, if necessary, to reveal the strategies and thinking that resulted in our present dilemma. And, what about the Spano Administration’s all-too-ready willingness to accept the settlement?
The taxpayers and families of Westchester have every right to know more about, and to express themselves at public hearings with respect to, every aspect of the ultimatum now before “their legislators”.
We believe the moment is fast approaching when most everyone will be proclaiming, “Emperor Spano is wearing no clothes.” How sad it will be for the Board, and for us all, if they are too late in recognizing that fact.
Simply because neither Jeanine Pirro nor Janet DiFiore were willing to discharge their responsibility to the People of Westchester, by investigating official misconduct in the County Executive’s Office, does not mean there hasn’t been any. Quite the contrary. Given the track record of the current DA, who prefers to prosecute the innocent and protect the guilty, her failure to look into the matter raises our suspicion all the more.
Our Readers Respond...
Paul Feiner Endorses Tony Castro For DA
Dear Editor:
On Tuesday, September 15, I will be voting for Tony Castro for District Attorney. This is not the first time I will be supporting his candidacy. Tony was the Democratic Party nominee for DA four years ago, and eight years ago when he was our party’s enthusiastic choice for DA against Jeanine Pirro. Some people think that Jeanine did not seek re-election four years ago because she was concerned about facing Tony again.
I was impressed with Tony since the day I first met him and learned about his life. He is an immigrant of Portugal. His father was a sherman; his mother a seamstress. He appreciates working class people; one of the many reasons why he received the Working Families Party line.
Tony is uniquely qualified for the post. He graduated from Harvard with a scholarship, and went to Boston College Law School. He worked his way through both. He joined the Bronx District Attorney’s Office and rose through the ranks to become Deputy Bureau Chief.
Tony has a big agenda planned if he is successful in winning election. He will take the lead role in pursuing internet issues such as pedophiles and predators who target both minors and seniors, through the immediate restoration of previously effective programs. He will eliminate the duplication of services and competition with local law enforcement.
As District Attorney, Tony will provide leadership by aggressively investigating and prosecuting criminals involved in elder abuse and other related areas such as money scams where our senior citizens are most vulnerable. The DA’s Office will become more efficient in pursuing financial swindling that has affected taxpayer dollars under Tony’s leadership.
Tony Castro will provide a pro-active platform for addressing ongoing gang-related issues, and implementing a Safe Streets Program involving the collaboration of citizens, police and probation officers that will focus on violence, assaults, and juvenile delinquency and criminal activity.
Finally, Tony introduced me to two individuals who served time in prison for crimes they did not commit. Tony will aggressively fight to keep innocent people out of jail; and, if they’re in jail, he’ll work to get their rights restored.
Over the years I have many attorneys and former colleagues of Tony who think the world of him. I know that he will be a fantastic public
official, and I urge the support of all citizens.
Paul Feiner, Greenburgh Town Supervisor
Reader Wants To “Throw The Bums Out!”
Dear Editor:
I read your article, “Throw The Bums Out!”. You are so right. We, the People, have the power in our fingertips on Election Day to do this. How long do we, the tax over-paying public, have to put up with this totally incompetent Westchester County government?
I say the answer is to vote out of office every single incumbent holding office. If a Republican is the incompetent, vote them out. If a Democrat is the incumbent, vote them out. Change everybody holding public office with your vote this year. Start with every New York State Senator. ank them for all the fun they had at our expense this summer.
Then, the County Executive of Westchester; even his own son is voting against him. We should be that smart to do the same. We cry about taxes and we vote back in office the ones who raised our taxes. The County Legislature is a blank check for the County Executive.
They rubber-stamp every commissioner, director, and incompetent Spano put in office for the last three terms, thank you!
I would say it’s about time the politicians go on the unemployment lines and we go back to being the enlightened voters I believe Westchester citizens are. I would also say to the new office-holders I hope we have this fall, “You have two, three or four years in office to get it right. You are the new incumbents and, if you do not get it right, bye!”
Respectfully submitted by a 53-year resident of Westchester County.
Stephen Celestino, Tuckahoe
The Thugacracy Comes To Yorktown
Dear Editor:
I thought this was a great place to live, and I am sure that is the reason most of us moved to Yorktown. Therefore, I would not believe what was going on behind the scenes unless it personally happened to me.
I have had my run-in with the Highway Superintendent Eric DiBartolo. He has great PR as he is a real media hound and leaves the impression that he is doing a great job. But at what cost? On the surface everything is fine until you cross him or question his “authority”.
The town did some work near my property and left some debris. They said they would be back to pick it up. When they did not come back, I called
the Highway Department. A few days later I happened to see one of the Town Councilmen and told him the problem.
The next thing I know I have a finger in my face and am being told by the Highway Super to “never go over his head again.” I told the story to someone else and they said they had a similar experience. They were intimidated by the threat and never told anyone.
Apparently this was not just a “bad day”, but is a pattern. I am a taxpayer and I pay the salary of every public servant in this town. There is no need for me, or any citizen, to be treated in this manner.
Ross Campbell, Jefferson Valley
In Our Opinion...
Imposed Affordable Housing Settlement Brings County Legislators’ Moment Of Truth
We believe the Westchester County Legislature, a body of 17 individuals, 13 of whom, whose One thousand Dollars A Week For Life lottery tickets have been validated by Andy Spano, with the advice and consent of Larry Schwartz, must now face their constituents.
They have shown us in the recent past, just last year, in fact, that the super-majority of them, the Democrats, are willing to do just about anything Andy asks of them, without hesitation and without scrutiny, no matter how unanimously their constituents may protest against it. Deciding, whether or not, to approve of the punitive over-reaching $65 million settlement that Andy’s misappropriation of $52 million, and his untruthfulness to the federal government, has put on Westchester families’ shoulders, may now very well turn out to be their moment
of truth.
There are so many unanswered questions and so little time to get things straight; less than a month. One thing is certain, however, taxpayers will be watching very closely and, taxpayers are also voters.
It will be most interesting to see just how thoroughly legislators are willing to scrutinize Spano, and whether or not they have
courage enough to bring Larry Schwartz before them, by subpoena, if necessary, to reveal the strategies and thinking that resulted in our present dilemma. And, what about the Spano Administration’s all-too-ready willingness to accept the settlement?
The taxpayers and families of Westchester have every right to know more about, and to express themselves at public hearings with respect to, every aspect of the ultimatum now before “their legislators”.
We believe the moment is fast approaching when most everyone will be proclaiming, “Emperor Spano is wearing no clothes.” How sad it will be for the Board, and for us all, if they are too late in recognizing that fact.
Simply because neither Jeanine Pirro nor Janet DiFiore were willing to discharge their responsibility to the People of Westchester, by investigating official misconduct in the County Executive’s Office, does not mean there hasn’t been any. Quite the contrary. Given the track record of the current DA, who prefers to prosecute the innocent and protect the guilty, her failure to look into the matter raises our suspicion all the more.
Our Readers Respond...
Paul Feiner Endorses Tony Castro For DA
Dear Editor:
On Tuesday, September 15, I will be voting for Tony Castro for District Attorney. This is not the first time I will be supporting his candidacy. Tony was the Democratic Party nominee for DA four years ago, and eight years ago when he was our party’s enthusiastic choice for DA against Jeanine Pirro. Some people think that Jeanine did not seek re-election four years ago because she was concerned about facing Tony again.
I was impressed with Tony since the day I first met him and learned about his life. He is an immigrant of Portugal. His father was a sherman; his mother a seamstress. He appreciates working class people; one of the many reasons why he received the Working Families Party line.
Tony is uniquely qualified for the post. He graduated from Harvard with a scholarship, and went to Boston College Law School. He worked his way through both. He joined the Bronx District Attorney’s Office and rose through the ranks to become Deputy Bureau Chief.
Tony has a big agenda planned if he is successful in winning election. He will take the lead role in pursuing internet issues such as pedophiles and predators who target both minors and seniors, through the immediate restoration of previously effective programs. He will eliminate the duplication of services and competition with local law enforcement.
As District Attorney, Tony will provide leadership by aggressively investigating and prosecuting criminals involved in elder abuse and other related areas such as money scams where our senior citizens are most vulnerable. The DA’s Office will become more efficient in pursuing financial swindling that has affected taxpayer dollars under Tony’s leadership.
Tony Castro will provide a pro-active platform for addressing ongoing gang-related issues, and implementing a Safe Streets Program involving the collaboration of citizens, police and probation officers that will focus on violence, assaults, and juvenile delinquency and criminal activity.
Finally, Tony introduced me to two individuals who served time in prison for crimes they did not commit. Tony will aggressively fight to keep innocent people out of jail; and, if they’re in jail, he’ll work to get their rights restored.
Over the years I have many attorneys and former colleagues of Tony who think the world of him. I know that he will be a fantastic public
official, and I urge the support of all citizens.
Paul Feiner, Greenburgh Town Supervisor
Reader Wants To “Throw The Bums Out!”
Dear Editor:
I read your article, “Throw The Bums Out!”. You are so right. We, the People, have the power in our fingertips on Election Day to do this. How long do we, the tax over-paying public, have to put up with this totally incompetent Westchester County government?
I say the answer is to vote out of office every single incumbent holding office. If a Republican is the incompetent, vote them out. If a Democrat is the incumbent, vote them out. Change everybody holding public office with your vote this year. Start with every New York State Senator. ank them for all the fun they had at our expense this summer.
Then, the County Executive of Westchester; even his own son is voting against him. We should be that smart to do the same. We cry about taxes and we vote back in office the ones who raised our taxes. The County Legislature is a blank check for the County Executive.
They rubber-stamp every commissioner, director, and incompetent Spano put in office for the last three terms, thank you!
I would say it’s about time the politicians go on the unemployment lines and we go back to being the enlightened voters I believe Westchester citizens are. I would also say to the new office-holders I hope we have this fall, “You have two, three or four years in office to get it right. You are the new incumbents and, if you do not get it right, bye!”
Respectfully submitted by a 53-year resident of Westchester County.
Stephen Celestino, Tuckahoe
The Thugacracy Comes To Yorktown
Dear Editor:
I thought this was a great place to live, and I am sure that is the reason most of us moved to Yorktown. Therefore, I would not believe what was going on behind the scenes unless it personally happened to me.
I have had my run-in with the Highway Superintendent Eric DiBartolo. He has great PR as he is a real media hound and leaves the impression that he is doing a great job. But at what cost? On the surface everything is fine until you cross him or question his “authority”.
The town did some work near my property and left some debris. They said they would be back to pick it up. When they did not come back, I called
the Highway Department. A few days later I happened to see one of the Town Councilmen and told him the problem.
The next thing I know I have a finger in my face and am being told by the Highway Super to “never go over his head again.” I told the story to someone else and they said they had a similar experience. They were intimidated by the threat and never told anyone.
Apparently this was not just a “bad day”, but is a pattern. I am a taxpayer and I pay the salary of every public servant in this town. There is no need for me, or any citizen, to be treated in this manner.
Ross Campbell, Jefferson Valley
Thursday, June 4, 2009
In Our Opinion/Our Readers Respond.
Thursday, June 4, 2009
In Our Opinion...
Sotomayor: Is It Form Over Substance?
The nomination of Second Circuit Justice Sonia Sotomayor to the United States Supreme Court by President Barack Obama, though widely-expected, nevertheless, was an action that brought great delight and pride to the Latino community last week, particularly to the Puerto Rican community of New York. After all, she was the first Hispanic ever nominated to the High Court, and only the third woman, following Sandra Day
O’Connor, and Ruth Bader Ginsburg, who she would join if confirmed.
We are very mindful of the historic moment that President Obama has brought to conception, as well as the altogether fitting and reinforcing significance of the unique nomination with respect to the inclusiveness promised by the new Chief Executive. And, while we applaud his bold and swift response to the early opportunity to diversify the nation’s highest tribunal in order to more closely reflect our present demographic, we would hope that gender and ethnicity were secondary considerations in the presence of judicial temperament and record.
It is not unrealistic to expect of a president of Mr. Obama’s mandate and intellect, a careful and comprehensive vetting of any offering for elevation to the Supreme Court. We contemplate no skeletons in Justice Sotomayor’s closet. At this early stage of the confirmation process, we are most concerned that her philosophy and her judicial record and temperament will be thoroughly scrutinized and reconciled. Her appointment, or her rejection, must not be determined by form, but rather by substance.
Neither should the popularity and persona of her designator compensate for an otherwise deficient or innapropriate designee. Justice Sotomayor must survive the process all who have gone before her have had to survive. In the final analysis, she will sink or float based upon the package she presents to the Senate of the United States, barring any as-yet unrevealed action or decision that might be deemed sufficiently egregious and unacceptable; enough to be a torpedo.
We have been both pleased and distressed by some of Justice Sotomayor’s judicial activities with respect to Westchester cases over recent years. Last year, she inspired our ire in what we described as her “misguided” surrender to pressure from then-United States Attorney Michael J. Garcia who, in a personal first, argued the Government’s appeal of United States District Court Judge Charles L. Brieant’s overturning of the conviction
of former Westchester County Correction Officer Paul Cote for an incident that resulted in an ultimately fatal injury to a belligerent inmate.
Judge Brieant, who had conducted both the pre-trial hearings, and the trial, in vacating Cote’s conviction and conferring a directed acquittal, in effect found that the jury had arrived at a verdict inconsistent with the evidence presented. He was in the courtroom, and fully in a position to evaluate the reliability and credibility of the witnesses.
He knew only too well what a dirty case the Government was putting on, and was completely aware of the political and criminal objectives woven into the unconvincing original State Court case seven years earlier under District Attorney Jeanine Pirro. He had told Assistant United States Attorney Cynthia Dunne, in our presence, in a pre-trial hearing, “If your case fails, I will not be sad.”
We were saddened when, a year later, Sotomayor and two other distaff judges yielded to, and fell into lockstep with, then-United States Attorney Michael Garcia, totally disrespecting, and trashing, that great jurist’s courageous act in defense of Justice. Mr. Garcia would later boast of his accomplishment, in another weekly publication. He had succeeded in knowingly restoring a totally bogus prosecution and conviction of an innocent public servant, Paul Cote, who had come to the aid of the fellow correction officer whose violent, reckless body slamming response to a belligerent inmate who had punched him in the face would result in the inmate’s death some 14 months later from head trauma. That individual, John Mark Reimer, who caused the death, of course, was elevated to sergeant and was the Government’s key witness.
On the other side of the ledger, with respect to Justice Sotomayor, in Feb. 2007, in the Anthony DiSimone case; a case that, for 15 years, continues to illustrate the worst in prosecutorial misconduct, We were present in the Second Circuit Court of Appeals when Judge Sotomayor, one member of a three-judge panel, fully grasping the essence of Double Jeopardy inherent in Janet DiFiore’s handling of DiSimone, said to Assistant DA Valerie Livingston of the Appeals Bureau, “You’re really not going to retry this case, are you? Isn’t that Double Jeopardy?”
When Livingston, who had been making several misrepresentations to the Court, responded that the District Attorney wanted to retry Mr. DiSimone “under the old law of Depraved Indifference Murder”, Sotomayor came right back with, “Your language is very sloppy. You are going to have to release the Defendant and then re-arrest him for something else.” DiSimone was then immediately released from prison by the panel on a writ of habeus corpus, without bail, and with a clean record.
Our Readers Respond....
Young Reader Expresses Her Feelings About Her Uncle Paul Cote
Dear Editor:
My name is Gabriella Wilkinson. A tragic thing happened when my uncle, Paul Cote, was taken away. Many years before this incident, my mother was stricken with cancer. This was very sad, too, because I was only five years old. My dad had to constantly take my mom to the hospital so my Uncle Paulie stepped up and took care of me. This was when I became close to the family.
I really did appreciate all of the help, even though I was only five. He did a lot for me, my mom and my dad. I truly love him dearly, and it breaks my heart to see my own uncle in jail for something everyone well knows he didn’t do.
I don’t think it was right or even legal. Telling the truth and being honest will get you far in life, and lying will just hurt you in the long run. So I was very happy to hear that his sentencing day is on June 1, his birthday. My mom is stating that this is like a new birth. I just know he’ll finally get out. I mean, how can he not?
I would stay up real late looking at and reading the paper with my dad. I’ve learned a lot about the case. Overall, the things I’ve learned, the most important thing I’ve noticed was that my Uncle Paulie didn’t do wrong and shouldn’t have to stay any longer.
So, in conclusion, I would like to see my uncle outside, at his own home again. So please let him out to live his life again, taking care of his family. He is not the animal the prosecutor portrayed him as. He is actually a teddy bear.
Gabriella Wilkinson
Mt. Vernon School Board Candidate Tells All
Dear Editor:
On Tuesday, May 19, 2009 at approximately 4:00am, two Mount Vernon School Board Candidates, myself and Mrs. Brenda Silvera-Milligan,
who are running mates, were out in the Fleetwood neighborhood distributing flyers for the upcoming School Board Trustee Campaign in Mount Vernon. While distributing these flyers on Fleetwood Avenue, Ms. Milligan noticed that someone was removing the flyers and posters we
had placed on the cars. She immediately notified me by cell phone to join her. We then followed the individual to attempt to identify who
it was. It was Ms. Carol Ben Reuben, an incumbent for position as School Board Trustee.
Mrs. Milligan and I followed Mrs. Ben Reuben and noted that she met up with another individual who was identified as Mrs. Lynne Frazer-
McBride, also an incumbent for position as School Board Trustee. Mrs. Milligan and myself approached the individuals and asked them why
they were removing the flyers. At first, they pretended that they did not hear me. I repeated the question but Mrs. McBride & Mrs. Ben Reuben
continued to remove flyers.
I then said to them again, “Why are you removing our flyers? You know we once voted for you.” Mrs. Ben Reuben replied, “Yeah and we once respected you!” I then asked, “What do you mean? What have I done or said to you?” Mrs. McBride said to me, “You’re prostituting your children! Ask your children, ask the people from Riverside. Even the white people say you are prostituting your children!” Once again, I asked,
“What do you mean? What does that mean I’m prostituting my children?”
I called the News 12 Breaking Hotline telephone number to report what had taken place. and also my husband, Mr. Herman R. Crump, Sr. who joined Mrs. Milligan and myself. I later witnessed Mrs. Ben Reuben & Mrs. McBride rip down one of our campaign flyers at the Longfellow Elementary School!
My husband shouted to them, “You better not rip down another one of my flyers again!” Mrs. Ben Rueben & Mrs. McBride jumped in their car and sped off!
Brenda Crump
Feiner On Red Light Cameras And Other things
Dear Editor:
In April of this year the New York State Legislature approved red light cameras to be installed at intersections in Yonkers, Nassau & Suffolk Counties. Cars that run red lights will receive tickets if caught on camera. Unfortunately, this new law only applies to a handful of communities in the state.
There is no reason why the state should be limiting these cameras to only a few cities in New York State. Poor motorist behavior in Greenburgh, New Rochelle, Mount Vernon or Bedford should be treated no differently than bad driving in Yonkers, NYC, Nassau & Suffolk Counties (cities that
can install red light cameras).
Every locality in New York State should be granted permission to install these red light safety cameras. Safety is important all over! Running red lights has caused 850 deaths and thousands of injuries each year. If red light cameras save one life it is worth it. I urge the New York State Legislature to adopt a law that will treat every locality in New York State the same when it comes down to public safety.
At Wednesday night’s new resident reception held at the Greenburgh Library, about a dozen residents stopped by at the Abbott House table and expressed interest in becoming mentors to foster care children. Town Clerk Judith Beville, Town Councilwoman Sonja Brown, Town Attorney
Tim Lewis and I have also expressed a desire to serve as foster care mentors. The requirement: only 2 hours a week of mentoring to a child. These two hours could make a world of a difference to a young person. If you are interested in signing up please contact Jack Toone, mentor and volunteer coordinator at jtoone@abbotthouse.net or call 591 7300 x 3090. Town Clerk Judith Beville’s parents took in about a 100 foster care children during their lives.
The Town Board approved a new law that will enable the Chief of Police to impound vehicles against which three or more parking summonses
have been issued but not paid. A significant number of owners are persistent violators. Some have out of state registration of vehicles, transfer ownership and re-register vehicles and are able to evade existing enforcement measures. This new law will enable the police to enforce parking orders in the case of vehicle owners who fail to timely respond to summonses issued for violations. The police indicated that they will use this law against the more significant violators.
Paul Feiner, Greenburgh Town Supervisor
People Of Mount Vernon Must Know, Part 2
Dear Editor:
First and foremost, let me say thank you for printing my last letter in your April 30, 2009 edition. Your paper, by far, is the true meaning of the people’s paper, you bring the facts to the people. It is mind-boggling that day in and day out Commissioner Horton continues to steal from us all.
We, the taxpayers of Mount Vernon, ask where is “the” Inspector General? Why is this man (Mr. Harry Stokes) not investigating Mr. Horton
for all the illegal activities: 1. Doing work in his neighborhood with DPW workers on city time and city payroll, (blocks and blocks of sidewalks, streets, trees, and so on); 2. Shakedowns of city residents and business owners, even as far as Con Edison. Let’s ask them what Commissioner Horton does to them. Why doesn’t “the” Inspector General look into Mr. Horton carrying hand guns in city hall and all over the city? Gee, how
did this convicted felon get a gun permit to begin with? is man does not only have one gun but carries two guns at all times. Mr. Inspector General, ‘Mr. Independent Inspector General’, we want to know why you have not done anything about this? I am sure the F.B.I. would love to hear what is
going on here. We need HELP!!!
As I mentioned in my earlier letter, has Mr. Horton figured out what day of the week it is yet? This man is a danger to our city. Oh, yeah, I forgot for a minute he is Junior’s very good friend. After all, Mayor Young and Horton went to Italy together, even though Horton did not have enough time on the books to take two weeks off to travel with Junior. Add that to our tax bill. We need HELP!!!
Why doesn’t “the” Inspector General investigate Mayor Young, and his willingness to sell our city to cover up the incompetence, arrogance and ignorance of his chief of staff (Mayor Robinson). Mr. Inspector General, this is our money that is being thrown away, but what do you care, you do not pay taxes in Mount Vernon. Where do you live, Somers? Maybe if you went to work more often you would have the time to see what we are losing, but yet, again, you are in Junior’s pocket also. We need HELP!!!
People of Mount Vernon, wake up, you must know. Add all this corruption to our tax bill. “Mr. Independent Inspector General”, we want to know why is it that you are not doing anything about our Building Commissioner, Ralph Tedesco?
Why is he exempt from all city codes? Is it because he is the Building Commissioner or is he as corrupt as Junior? Why can he do what he pleases
on his property (Devonia Avenue), no questions asked? Why can he shake people down and no questions asked? We need HELP!!!
There is a lot more to follow but this is enough for now, for my fellow taxpaying citizens of Mount Vernon to digest and spread to everyone they
know! Please talk to anyone and everyone in our city; let them know what is happening to ALL of us.
Al Passino
In Our Opinion...
Sotomayor: Is It Form Over Substance?
The nomination of Second Circuit Justice Sonia Sotomayor to the United States Supreme Court by President Barack Obama, though widely-expected, nevertheless, was an action that brought great delight and pride to the Latino community last week, particularly to the Puerto Rican community of New York. After all, she was the first Hispanic ever nominated to the High Court, and only the third woman, following Sandra Day
O’Connor, and Ruth Bader Ginsburg, who she would join if confirmed.
We are very mindful of the historic moment that President Obama has brought to conception, as well as the altogether fitting and reinforcing significance of the unique nomination with respect to the inclusiveness promised by the new Chief Executive. And, while we applaud his bold and swift response to the early opportunity to diversify the nation’s highest tribunal in order to more closely reflect our present demographic, we would hope that gender and ethnicity were secondary considerations in the presence of judicial temperament and record.
It is not unrealistic to expect of a president of Mr. Obama’s mandate and intellect, a careful and comprehensive vetting of any offering for elevation to the Supreme Court. We contemplate no skeletons in Justice Sotomayor’s closet. At this early stage of the confirmation process, we are most concerned that her philosophy and her judicial record and temperament will be thoroughly scrutinized and reconciled. Her appointment, or her rejection, must not be determined by form, but rather by substance.
Neither should the popularity and persona of her designator compensate for an otherwise deficient or innapropriate designee. Justice Sotomayor must survive the process all who have gone before her have had to survive. In the final analysis, she will sink or float based upon the package she presents to the Senate of the United States, barring any as-yet unrevealed action or decision that might be deemed sufficiently egregious and unacceptable; enough to be a torpedo.
We have been both pleased and distressed by some of Justice Sotomayor’s judicial activities with respect to Westchester cases over recent years. Last year, she inspired our ire in what we described as her “misguided” surrender to pressure from then-United States Attorney Michael J. Garcia who, in a personal first, argued the Government’s appeal of United States District Court Judge Charles L. Brieant’s overturning of the conviction
of former Westchester County Correction Officer Paul Cote for an incident that resulted in an ultimately fatal injury to a belligerent inmate.
Judge Brieant, who had conducted both the pre-trial hearings, and the trial, in vacating Cote’s conviction and conferring a directed acquittal, in effect found that the jury had arrived at a verdict inconsistent with the evidence presented. He was in the courtroom, and fully in a position to evaluate the reliability and credibility of the witnesses.
He knew only too well what a dirty case the Government was putting on, and was completely aware of the political and criminal objectives woven into the unconvincing original State Court case seven years earlier under District Attorney Jeanine Pirro. He had told Assistant United States Attorney Cynthia Dunne, in our presence, in a pre-trial hearing, “If your case fails, I will not be sad.”
We were saddened when, a year later, Sotomayor and two other distaff judges yielded to, and fell into lockstep with, then-United States Attorney Michael Garcia, totally disrespecting, and trashing, that great jurist’s courageous act in defense of Justice. Mr. Garcia would later boast of his accomplishment, in another weekly publication. He had succeeded in knowingly restoring a totally bogus prosecution and conviction of an innocent public servant, Paul Cote, who had come to the aid of the fellow correction officer whose violent, reckless body slamming response to a belligerent inmate who had punched him in the face would result in the inmate’s death some 14 months later from head trauma. That individual, John Mark Reimer, who caused the death, of course, was elevated to sergeant and was the Government’s key witness.
On the other side of the ledger, with respect to Justice Sotomayor, in Feb. 2007, in the Anthony DiSimone case; a case that, for 15 years, continues to illustrate the worst in prosecutorial misconduct, We were present in the Second Circuit Court of Appeals when Judge Sotomayor, one member of a three-judge panel, fully grasping the essence of Double Jeopardy inherent in Janet DiFiore’s handling of DiSimone, said to Assistant DA Valerie Livingston of the Appeals Bureau, “You’re really not going to retry this case, are you? Isn’t that Double Jeopardy?”
When Livingston, who had been making several misrepresentations to the Court, responded that the District Attorney wanted to retry Mr. DiSimone “under the old law of Depraved Indifference Murder”, Sotomayor came right back with, “Your language is very sloppy. You are going to have to release the Defendant and then re-arrest him for something else.” DiSimone was then immediately released from prison by the panel on a writ of habeus corpus, without bail, and with a clean record.
Our Readers Respond....
Young Reader Expresses Her Feelings About Her Uncle Paul Cote
Dear Editor:
My name is Gabriella Wilkinson. A tragic thing happened when my uncle, Paul Cote, was taken away. Many years before this incident, my mother was stricken with cancer. This was very sad, too, because I was only five years old. My dad had to constantly take my mom to the hospital so my Uncle Paulie stepped up and took care of me. This was when I became close to the family.
I really did appreciate all of the help, even though I was only five. He did a lot for me, my mom and my dad. I truly love him dearly, and it breaks my heart to see my own uncle in jail for something everyone well knows he didn’t do.
I don’t think it was right or even legal. Telling the truth and being honest will get you far in life, and lying will just hurt you in the long run. So I was very happy to hear that his sentencing day is on June 1, his birthday. My mom is stating that this is like a new birth. I just know he’ll finally get out. I mean, how can he not?
I would stay up real late looking at and reading the paper with my dad. I’ve learned a lot about the case. Overall, the things I’ve learned, the most important thing I’ve noticed was that my Uncle Paulie didn’t do wrong and shouldn’t have to stay any longer.
So, in conclusion, I would like to see my uncle outside, at his own home again. So please let him out to live his life again, taking care of his family. He is not the animal the prosecutor portrayed him as. He is actually a teddy bear.
Gabriella Wilkinson
Mt. Vernon School Board Candidate Tells All
Dear Editor:
On Tuesday, May 19, 2009 at approximately 4:00am, two Mount Vernon School Board Candidates, myself and Mrs. Brenda Silvera-Milligan,
who are running mates, were out in the Fleetwood neighborhood distributing flyers for the upcoming School Board Trustee Campaign in Mount Vernon. While distributing these flyers on Fleetwood Avenue, Ms. Milligan noticed that someone was removing the flyers and posters we
had placed on the cars. She immediately notified me by cell phone to join her. We then followed the individual to attempt to identify who
it was. It was Ms. Carol Ben Reuben, an incumbent for position as School Board Trustee.
Mrs. Milligan and I followed Mrs. Ben Reuben and noted that she met up with another individual who was identified as Mrs. Lynne Frazer-
McBride, also an incumbent for position as School Board Trustee. Mrs. Milligan and myself approached the individuals and asked them why
they were removing the flyers. At first, they pretended that they did not hear me. I repeated the question but Mrs. McBride & Mrs. Ben Reuben
continued to remove flyers.
I then said to them again, “Why are you removing our flyers? You know we once voted for you.” Mrs. Ben Reuben replied, “Yeah and we once respected you!” I then asked, “What do you mean? What have I done or said to you?” Mrs. McBride said to me, “You’re prostituting your children! Ask your children, ask the people from Riverside. Even the white people say you are prostituting your children!” Once again, I asked,
“What do you mean? What does that mean I’m prostituting my children?”
I called the News 12 Breaking Hotline telephone number to report what had taken place. and also my husband, Mr. Herman R. Crump, Sr. who joined Mrs. Milligan and myself. I later witnessed Mrs. Ben Reuben & Mrs. McBride rip down one of our campaign flyers at the Longfellow Elementary School!
My husband shouted to them, “You better not rip down another one of my flyers again!” Mrs. Ben Rueben & Mrs. McBride jumped in their car and sped off!
Brenda Crump
Feiner On Red Light Cameras And Other things
Dear Editor:
In April of this year the New York State Legislature approved red light cameras to be installed at intersections in Yonkers, Nassau & Suffolk Counties. Cars that run red lights will receive tickets if caught on camera. Unfortunately, this new law only applies to a handful of communities in the state.
There is no reason why the state should be limiting these cameras to only a few cities in New York State. Poor motorist behavior in Greenburgh, New Rochelle, Mount Vernon or Bedford should be treated no differently than bad driving in Yonkers, NYC, Nassau & Suffolk Counties (cities that
can install red light cameras).
Every locality in New York State should be granted permission to install these red light safety cameras. Safety is important all over! Running red lights has caused 850 deaths and thousands of injuries each year. If red light cameras save one life it is worth it. I urge the New York State Legislature to adopt a law that will treat every locality in New York State the same when it comes down to public safety.
At Wednesday night’s new resident reception held at the Greenburgh Library, about a dozen residents stopped by at the Abbott House table and expressed interest in becoming mentors to foster care children. Town Clerk Judith Beville, Town Councilwoman Sonja Brown, Town Attorney
Tim Lewis and I have also expressed a desire to serve as foster care mentors. The requirement: only 2 hours a week of mentoring to a child. These two hours could make a world of a difference to a young person. If you are interested in signing up please contact Jack Toone, mentor and volunteer coordinator at jtoone@abbotthouse.net or call 591 7300 x 3090. Town Clerk Judith Beville’s parents took in about a 100 foster care children during their lives.
The Town Board approved a new law that will enable the Chief of Police to impound vehicles against which three or more parking summonses
have been issued but not paid. A significant number of owners are persistent violators. Some have out of state registration of vehicles, transfer ownership and re-register vehicles and are able to evade existing enforcement measures. This new law will enable the police to enforce parking orders in the case of vehicle owners who fail to timely respond to summonses issued for violations. The police indicated that they will use this law against the more significant violators.
Paul Feiner, Greenburgh Town Supervisor
People Of Mount Vernon Must Know, Part 2
Dear Editor:
First and foremost, let me say thank you for printing my last letter in your April 30, 2009 edition. Your paper, by far, is the true meaning of the people’s paper, you bring the facts to the people. It is mind-boggling that day in and day out Commissioner Horton continues to steal from us all.
We, the taxpayers of Mount Vernon, ask where is “the” Inspector General? Why is this man (Mr. Harry Stokes) not investigating Mr. Horton
for all the illegal activities: 1. Doing work in his neighborhood with DPW workers on city time and city payroll, (blocks and blocks of sidewalks, streets, trees, and so on); 2. Shakedowns of city residents and business owners, even as far as Con Edison. Let’s ask them what Commissioner Horton does to them. Why doesn’t “the” Inspector General look into Mr. Horton carrying hand guns in city hall and all over the city? Gee, how
did this convicted felon get a gun permit to begin with? is man does not only have one gun but carries two guns at all times. Mr. Inspector General, ‘Mr. Independent Inspector General’, we want to know why you have not done anything about this? I am sure the F.B.I. would love to hear what is
going on here. We need HELP!!!
As I mentioned in my earlier letter, has Mr. Horton figured out what day of the week it is yet? This man is a danger to our city. Oh, yeah, I forgot for a minute he is Junior’s very good friend. After all, Mayor Young and Horton went to Italy together, even though Horton did not have enough time on the books to take two weeks off to travel with Junior. Add that to our tax bill. We need HELP!!!
Why doesn’t “the” Inspector General investigate Mayor Young, and his willingness to sell our city to cover up the incompetence, arrogance and ignorance of his chief of staff (Mayor Robinson). Mr. Inspector General, this is our money that is being thrown away, but what do you care, you do not pay taxes in Mount Vernon. Where do you live, Somers? Maybe if you went to work more often you would have the time to see what we are losing, but yet, again, you are in Junior’s pocket also. We need HELP!!!
People of Mount Vernon, wake up, you must know. Add all this corruption to our tax bill. “Mr. Independent Inspector General”, we want to know why is it that you are not doing anything about our Building Commissioner, Ralph Tedesco?
Why is he exempt from all city codes? Is it because he is the Building Commissioner or is he as corrupt as Junior? Why can he do what he pleases
on his property (Devonia Avenue), no questions asked? Why can he shake people down and no questions asked? We need HELP!!!
There is a lot more to follow but this is enough for now, for my fellow taxpaying citizens of Mount Vernon to digest and spread to everyone they
know! Please talk to anyone and everyone in our city; let them know what is happening to ALL of us.
Al Passino
Thursday, May 21, 2009
In Our Opinion/Our Readers Respond.
Thursday, May 21, 2009
In Our Opinion...
This Memorial Day, Let Us Resolve To
Do Right By Our Returning Injured Veterans
This coming Monday will be Memorial Day, a day which, over the years, has historically been a solemn day of remembrance and tribute; a day when Americans traditionally visit the gravesites of fallen servicemen and women who made the ultimate sacrifice that we might live in freedom and peace. It is a day to reflect upon not only those lives that were laid down on foreign soil in defense of our democracy and democracies around the world against tyranny and dictatorship, but also, in a broader sense, those back here at home as well whose lives were dedicated to protecting our liberty, our very way of life.
With the end of the compulsory military draft, the composition and mentality of our military forces, those who have faced armed combat overseas, has changed significantly. For one thing, it is safe to say that the overwhelming majority of those in the Armed Services are there because they have chosen to be. Having said that, we are not suggesting that those who enlisted are necessarily all very pleased to be facing combat, or even day-to-day existence in the war zones of Iraq and Afghanistan.
The enemy is very often poorly defined, hidden, but armed and ready to strike, frequently by remote control using improvised explosive devices, killing and dismembering several military and civilian victims at a time. As a result, this Longest War In Our History has produced an extraordinary number of young men and women who have returned home with missing limbs and traumatic head injury, often involving vision and hearing loss as well.
Of course, actual physical trauma is but one side of the horrible equation; most often accompanied by psychological and emotional damage and complications sometimes undetected, lodged just beneath the surface, likely to rear themselves at any time back home. And, therein, too, lies the rub. Beginning sometime after the return of military personnel from World War II and the Korean conflict, the quality and availability of medical and psychiatric care and attention extended to our returning injured servicemen and women through the Department of Veterans’ Affairs, has steadily declined, while, at the same time, the nature and severity of typical injuries has become more complex, but survivable.
Sadly, we often have not kept our promise, our solemn obligation to many who have come home in desperate need of aggressive after-care, rehabilitation, and guidance. Many await processing, approvals, and much-needed care and medication as regional VA offices, and local VA hospitals, either drag their feet or outright refuse to perform services.
This Memorial Day, let us take the time to consider the ways we might make a meaningful contribution to the care and comfort of someone who has come home from war with less than he or she left. Let us contact Congressman John Hall and other veterans’ advocates to make our feelings known, not only to federal officials but to state and county veterans’ offices as well. Let us make it abundantly clear that we want to keep our end of the bargain, despite the weakened economy, in order to provide our injured returning men and women with the finest care available.
Our Readers Respond...
Yonkers Legendary ‘Legal Eagle’ Makes Request
Dear Editor:
We thought this Memorial Day you could publish a photograph of the World War II Marine Memorial Window located
in Mt. Carmel Roman Catholic Church in Yonkers, New York which accompanies this letter.
The Window’s inspiration was a letter written by Marine Corporal Frank Gambino on the Marines’ beliefs and why
they sacrificed their lives for America during the Battle of Saipan on the loss of his squad leader, Corporal Joseph Romano.
The inscription on the Memorial plaque encompasses his lasting words. Corporal Gambino was killed in action in the Battle of
Iwo Jima and awarded the Silver Star. In any event, thank you for the opportunity.
John N. Romano, Yonkers
Editor’s Note:
We are only too happy to comply with the request of World War II Marine veteran, Mr. Romano’s, request.
Reader Reminds Us Corruption Continues In New Castle
Dear Editor:
I am writing to you to inform you of a very serious problem within one of our local government municipalities. This is not a story about the injustice against a single person. This story has nothing to do with whether one person is a Republican or a Democrat; this is a story about a human being and his God-given rights being violated. It is a story about an innocent, hard-working father and husband who was trying to do the right thing and provide for and protect his loving wife (Shari) and two kids (Matthew 11, Nicole 7). It is a story that hits at the heart of our community, and the basic human values and integrity that we have a right to expect from our community leaders.
I would encourage all who believe that public integrity and Equal Protection Under Law are necessary and fundamental to the lawful operation of local government to speak up and let those in power know your sentiments. I believe there is a troubling, pervasive, and disturbing problem in the Town of New Castle (Chappaqua), that is worthy of attention. Yes, I know this is the home Town for our Past President Bill Clinton and Secretary of State Hillary Clinton, but do not let that sway your opinion, please.
While I am not a writer, my problem is no less real, and I have to believe that I am not the sole victim. Over the past few years, there have been several articles printed in the local papers about the Police Administration and a Lt. John P. Vize as well as Town Administrator Gennaro Faiella in the Town of New Castle. These articles have told of the patterns of serious misconduct, Anti-Semitism, racism, retaliatory action, systemic governmental corruption and conduct unbecoming of several Administrators, employees and police officers within the town.
As it was revealed in one of the articles, then-New York State Attorney General Eliot Spitzer, along with the New York State Comptroller’s
Office, found that there were serious egregious acts committed by these individuals. Anyone who does not believe this story to be true should look up the Verified Complaint filed against John P. Vize by the New York State Attorney General in New York State Supreme Court, Westchester County index # 06-13794. This complaint against John P. Vize was received by the Westchester County Clerk on July 27, 2006.
It is amazing to see the depths that the New Castle Police Department Administration along with Town of New Castle Administrator Gennaro Faiella has sunk to, when Police Lieutenant John P. Vize is allowed to remain on the force despite allegations by the New York State Attorney General’s Office that Lt. Vize violated his fiduciary duties, falsified official records and defrauded the State of New York out of enormous sums of money. John P. Vize has allegedly damaged the pension system upon which many people depend. It has also been reported that Vize was making illegal and secret cash payments to other officers to help cover up the pension frauds he perpetrated.
Lt. Vize made these cash payments without reporting them to the Internal Revenue Service or the New York State Department of Taxation.
Did Lt. Vize commit Tax Fraud? When Lt. Vize was responsible for falsified records being sent to the United States Social Security Administration crediting Police officer Denis Mahoney for working as a Police Officer in New Castle when in actuality he was living and operating a business that he still owns in Carey, North Carolina. Did Lt. Vize also commit Social Security fraud?
Since Lt. Vize may have set up a criminal organization, shouldn’t the United States Attorney for the Southern District of New York investigate these allegations? The fact that someone as reportedly as corrupt as John P. Vize is allowed to remain as a Police Administrator,
seriously damages the public trust in law enforcement. One would have to think it also damages the public’s confidence in the Town of New
Castle’s government, particularly that Town Administrator Gennaro Faiella along with Chief of Police James Baynes both of whom
knowingly and willingly condoned these actions doing absolutely nothing. These actions of keeping someone as reportedly as corrupt as John
P. Vize in his official capacity along with Chief Baynes and Gennaro Faiella together with Town Board Members that condoned these actions
speaks volumes about the serious lack of integrity in the Town of New Castle’s administration as well as other governmental agencies who choose not see that justice was brought to these people.
As reported by one newspaper (Westchester Guardian) an article read as follows: “State of New York, by Attorney General’s Office vs. Dennis Mahoney & John P. Vize, Index # 06-13794, has focused a tremendous amount of attention on the Town of New Castle’s 40-member Police Department, a matter that has churned since 1999 involving a top law enforcement officer who is still on duty, Lieutenant John P. Vize, accused of keeping fraudulent payroll records for at least a year in order to help fellow officer Dennis Mahoney obtain his
20-year pension early when in fact he only worked 19 years, the last year Dennis Mahoney was running a business he owns and was living down in Carey, North Carolina.
According to twenty-year’s worth of documents seized from the New Castle Police Department in 2003 by the Public Integrity Section of the
Office of Westchester District Attorney Jeannine Pirro, Lt. John P. Vize was also involved in arranging shifts under Dennis Mahoney’s name, referred to by some of the Police Department members as ‘The Mahoney Days’. Approximately 25% of the department’s officers have been reported to have participated in the pension fraud scheme! What line of action was taken by the Chief of Police or the Town Administrator, or the Town Board after these findings were uncovered by the Attorney General’s office? They did nothing, and according to Town Administrator Faiella’s statement in The Journal News, they don’t plan to take any action. (Journal News articles dated: July 28 & 30, 2006).
Instead these individuals are promoted, rewarded, and carry on with their daily routines, unpunished.” Now, what is even more disturbing, is that, as of recently, the Journal News has been doing stories about local municipalities and their pay scale. What they found out was most troubling. As quoted by the writer of the article eganga@LoHud.com, April 14, 2009: “The overtime champion in 2008 was police Lt. John
Vize, who earned $34,784. Vize, who is being sued by the state Attorney General’s Office over accusations that he helped former Police Officer Dennis Mahoney defraud the pension system, was the third-highest paid town employee.”
Do you all find that just a little disturbing that the Town of New Castle Administrator Gennaro Faiella, along with the Town Board’s backing, has the audacity to keep this man who is being tried in our very courts to this day for pension frauds from our New York State Pension system which many hardworking men and women and some, if not all, of you contribute to is still allowed to remain on its payroll?
What does that say about the Administration and Legal system in New Castle?
As a member of the community and a major contributor to the New York State Pension System and the spouse and father of members of the
Jewish faith, and, worse yet, a victim, I find these actions are appalling and disgusting. I was employed by the Town of New Castle D.P.W. Highway Division for 14 1/2 years with an outstanding work record and evaluations.
I have received several certificates for years of dedicated service, Letters of Commendation, as well as letters from residents and people traveling through Chappaqua who I assisted. I have also been recognized, and received commendations from surrounding towns for my actions in evacuating a full bowling alley before a roof collapse on March 17, 2007.
In 2004, I filed a lawsuit against the Town and several employees for Harassment, Discrimination, Anti-Semitism, Retaliation and a Hostile
work environment. For years there were anti-Semitic remarks made towards me, such as “Jew Lover”; and I was told by one person “Hitler Had the Right Idea; the only thing Jews were good for was to skin them and Make Lamp Shades”. One of the Foremen (Mike Clifford) referred to the local Yeshiva as a “Jew Farm”.
There was also an instance involving the Foreman being advised of the name of an applicant for summer hire, whereupon he replied “That
Jew will never get a job here”. There is no excuse for those remarks, and they strike a deep chord within me as my wife and children are Jewish, and these comments were abhorrent. I brought my concerns over these Anti-Semitic remarks to the Chief of Police and the Town Administrator, and they took no action, essentially condoning the illegal acts, the same way they took no action with the complaints within their own department. I should not say they took no action because as you read on you will see just how corrupt the administration is there and what they have been covering up.
In 2002 The Town of New Castle went and hired an outside law firm to arbitrate an incident that took place on May 17, 2002 which involved Michael Molnar, one of the individuals named in my lawsuit. In a separate incident Molnar even tried to run over one of the foremen while yelling vulgar obscene comments out his driver’s side window. This is just one example of several that Molnar was involved in. Yet, to this day, Gennaro Faiella, Penelle Paderewski and the Town Board members, Robin Stout, John Buckley, Elise Kessler Mottel, and Michael Wolfensohn, all choose to ignore the fact that he is a potentially serious problem there. Instead they’ve promoted him and he is receiving an ample amount of overtime on a weekly basis.
Prior to filing my lawsuit, I suffered an on-the-job injury to my back. At that time, as well as currently, I was a volunteer with the Brewster Volunteer Fire Department. I informed the Fire Department that I would be out of service because of my on-the-job injury, as I’ve done any time I’ve had an on the- job injury. During my recovery, I was informed that the Town was investigating me for Worker’s Compensation
fraud based on an “eyewitness” account that I was flagging at a car accident on I-84. Through their investigation, the Town found no evidence to support the allegation, to be truthful. In reality, there was not even an accident on I-84 that Brewster responded to during that period of time. This malicious investigation was conducted with the intention of damaging my reputation and character, and was never officially cleared up.
After filing my lawsuit in 2004, I suddenly found myself getting written up for various “insubordination” charges, including, but not limited
to, my saying “aww, shucks.” In May of 2006, my lawsuit was amended to add the Town Administrator, Gennaro Faiella. Within weeks, I was further retaliated against with additional bogus charges, culminating in my being suspended for 30 days without pay, and my being required to appear for a Section 75 hearing. It is interesting to note that as I was being handed the letter suspending me, another employee was standing there repeating the ‘f ’ bomb over and over again in front of the Deputy Town Administrator, Penelle Paderewski who, at that time, was also Acting DPW Commissioner. And, interestingly enough, she was also this employee’s mother.
As an aside, the employee in question was not written up for his foul language while I, on the other hand, was written up for saying “aww shucks.” Just to be clear, I had never been written up prior to filing the lawsuit! Upon returning to work after my 30-day suspension I was relocated to another department, denied any overtime, and specifically instructed that I was not allowed to use any equipment or drive any vehicles, which essentially meant that I was only permitted to work as a laborer, not at my level of MEO. This is not unlike the Supreme
Court case, Burlington Northern Railroad v White Sheila that was ruled on June 22, 2006. (http://docket.medill.northwestern.edu/archives/003256.php). If that weren’t enough, they also instructed me as to the specific facilities
I was permitted to use when I had to relieve myself.
Where is the justice? Those of us who have filed lawsuits against these individuals and the Town of New Castle have done nothing wrong.
All we have done is fight for our civil rights which were repeatedly violated, and protect the integrity of our families. In response, the Town
of New Castle and its administrators continually harassed and retaliated against us in every way possible.
An example would be that on one occasion my assistant foreman John O’Hearn approached me and made a verbal statement, “Do yourself
a favor and drop the grievances and drop all the other stuff (meaning the lawsuit) because you are on thin ice with the Town.”
They have used us as examples of what will happen if you stand up for what is right, and as their method of intimidation to other employees.
I specifically know that men I was friends with were told to keep their distance from me if they knew what was good for them. This created an environment of fear of retaliation, fear of losing their jobs, fear of losing overtime, fear of further financial repercussions, etc.
Finally, and most disturbingly, is the fact that while I was out of work due to an on-the-job injury, they terminated my employment. Even worse, as a result of this injury, I’m not currently able to seek new employment. Most maliciously however, is the fact that from October 2006 through mid January 2007, they falsified my time sheets, using up my vacation time, personal time, sick time, and comp time. Thus, when they fired me, they wouldn’t have to immediately pay me for that time. There is a history in the Town of New Castle involving falsifying of time sheets, whether for personal gain as in the police department fraud case, or in the case of someone injured on the job.
The Town paid me while I was out on disability, and was reimbursed by Workman’s Compensation. Given that Workman’s Comp income is not taxable, the Town had the responsibility to amend the employee’s W2 form, indicating the correct amount of taxable income. This also did not happen, thus resulting in fraudulent tax records. To summarize, the Attorney General’s office filed a suit against a current police officer, and a retired police officer, but the Town took no disciplinary action. The police officer is currently still on the job, at the same level, with the same responsibilities. An individual (Mike Molnar) physically attacked the foreman of the DPW; no disciplinary action was
taken. This same individual tried to run over another supervisor, as well as another employee, in the DPW; again, no disciplinary action was taken.
Six individuals complained about a hostile work environment caused by this same individual; once again, no disciplinary action was taken.
An individual spray-painted town trucks; but received no disciplinary action. These actions as well as others are all documented. This
is a small example of the discrimination and retaliation that exists. I, however, was written up, suspended for a month without pay, and ultimately fired, for what were essentially bogus and false charges of “insubordination” that “coincidentally” started after my lawsuit Notice of Claim was filed.
Jeffrey S. Chiara, Carmel
In Loving Recognition
Of Memorial Day
And All That Our
Fathers, Mothers
And Families
Sacrificed That
We May Be Free
The inscription on this Memorial Declaration Plaque was from a letter written by Cpl. Frank Gambino, U.S. Marine Corps, 3Bn-COL-23 Regt. 4th Division, on the Battle of Saipan, June 15, 1944 where he describes the Battle - The Marines - Their Beliefs and the loss of his Squad Leader, Cpl. Joseph G. Romano.
Cpl. Frank Gambino’s life ended on February 23, 1944 where he was awarded the Silver Star. A copy of the letter is in the Church and Memorial Services have been held monthly.
“These are our dead and we, their comrades, are the living. Our task is to continue the struggle for which they gave their lives. They shall not have died in vain. Make us worthy of their memory.”
U.S. Marine Corps. Memorial
Mt. Carmel RC Church
70 Park Hill Avenue
Yonkers, New York
In Our Opinion...
This Memorial Day, Let Us Resolve To
Do Right By Our Returning Injured Veterans
This coming Monday will be Memorial Day, a day which, over the years, has historically been a solemn day of remembrance and tribute; a day when Americans traditionally visit the gravesites of fallen servicemen and women who made the ultimate sacrifice that we might live in freedom and peace. It is a day to reflect upon not only those lives that were laid down on foreign soil in defense of our democracy and democracies around the world against tyranny and dictatorship, but also, in a broader sense, those back here at home as well whose lives were dedicated to protecting our liberty, our very way of life.
With the end of the compulsory military draft, the composition and mentality of our military forces, those who have faced armed combat overseas, has changed significantly. For one thing, it is safe to say that the overwhelming majority of those in the Armed Services are there because they have chosen to be. Having said that, we are not suggesting that those who enlisted are necessarily all very pleased to be facing combat, or even day-to-day existence in the war zones of Iraq and Afghanistan.
The enemy is very often poorly defined, hidden, but armed and ready to strike, frequently by remote control using improvised explosive devices, killing and dismembering several military and civilian victims at a time. As a result, this Longest War In Our History has produced an extraordinary number of young men and women who have returned home with missing limbs and traumatic head injury, often involving vision and hearing loss as well.
Of course, actual physical trauma is but one side of the horrible equation; most often accompanied by psychological and emotional damage and complications sometimes undetected, lodged just beneath the surface, likely to rear themselves at any time back home. And, therein, too, lies the rub. Beginning sometime after the return of military personnel from World War II and the Korean conflict, the quality and availability of medical and psychiatric care and attention extended to our returning injured servicemen and women through the Department of Veterans’ Affairs, has steadily declined, while, at the same time, the nature and severity of typical injuries has become more complex, but survivable.
Sadly, we often have not kept our promise, our solemn obligation to many who have come home in desperate need of aggressive after-care, rehabilitation, and guidance. Many await processing, approvals, and much-needed care and medication as regional VA offices, and local VA hospitals, either drag their feet or outright refuse to perform services.
This Memorial Day, let us take the time to consider the ways we might make a meaningful contribution to the care and comfort of someone who has come home from war with less than he or she left. Let us contact Congressman John Hall and other veterans’ advocates to make our feelings known, not only to federal officials but to state and county veterans’ offices as well. Let us make it abundantly clear that we want to keep our end of the bargain, despite the weakened economy, in order to provide our injured returning men and women with the finest care available.
Our Readers Respond...
Yonkers Legendary ‘Legal Eagle’ Makes Request
Dear Editor:
We thought this Memorial Day you could publish a photograph of the World War II Marine Memorial Window located
in Mt. Carmel Roman Catholic Church in Yonkers, New York which accompanies this letter.
The Window’s inspiration was a letter written by Marine Corporal Frank Gambino on the Marines’ beliefs and why
they sacrificed their lives for America during the Battle of Saipan on the loss of his squad leader, Corporal Joseph Romano.
The inscription on the Memorial plaque encompasses his lasting words. Corporal Gambino was killed in action in the Battle of
Iwo Jima and awarded the Silver Star. In any event, thank you for the opportunity.
John N. Romano, Yonkers
Editor’s Note:
We are only too happy to comply with the request of World War II Marine veteran, Mr. Romano’s, request.
Reader Reminds Us Corruption Continues In New Castle
Dear Editor:
I am writing to you to inform you of a very serious problem within one of our local government municipalities. This is not a story about the injustice against a single person. This story has nothing to do with whether one person is a Republican or a Democrat; this is a story about a human being and his God-given rights being violated. It is a story about an innocent, hard-working father and husband who was trying to do the right thing and provide for and protect his loving wife (Shari) and two kids (Matthew 11, Nicole 7). It is a story that hits at the heart of our community, and the basic human values and integrity that we have a right to expect from our community leaders.
I would encourage all who believe that public integrity and Equal Protection Under Law are necessary and fundamental to the lawful operation of local government to speak up and let those in power know your sentiments. I believe there is a troubling, pervasive, and disturbing problem in the Town of New Castle (Chappaqua), that is worthy of attention. Yes, I know this is the home Town for our Past President Bill Clinton and Secretary of State Hillary Clinton, but do not let that sway your opinion, please.
While I am not a writer, my problem is no less real, and I have to believe that I am not the sole victim. Over the past few years, there have been several articles printed in the local papers about the Police Administration and a Lt. John P. Vize as well as Town Administrator Gennaro Faiella in the Town of New Castle. These articles have told of the patterns of serious misconduct, Anti-Semitism, racism, retaliatory action, systemic governmental corruption and conduct unbecoming of several Administrators, employees and police officers within the town.
As it was revealed in one of the articles, then-New York State Attorney General Eliot Spitzer, along with the New York State Comptroller’s
Office, found that there were serious egregious acts committed by these individuals. Anyone who does not believe this story to be true should look up the Verified Complaint filed against John P. Vize by the New York State Attorney General in New York State Supreme Court, Westchester County index # 06-13794. This complaint against John P. Vize was received by the Westchester County Clerk on July 27, 2006.
It is amazing to see the depths that the New Castle Police Department Administration along with Town of New Castle Administrator Gennaro Faiella has sunk to, when Police Lieutenant John P. Vize is allowed to remain on the force despite allegations by the New York State Attorney General’s Office that Lt. Vize violated his fiduciary duties, falsified official records and defrauded the State of New York out of enormous sums of money. John P. Vize has allegedly damaged the pension system upon which many people depend. It has also been reported that Vize was making illegal and secret cash payments to other officers to help cover up the pension frauds he perpetrated.
Lt. Vize made these cash payments without reporting them to the Internal Revenue Service or the New York State Department of Taxation.
Did Lt. Vize commit Tax Fraud? When Lt. Vize was responsible for falsified records being sent to the United States Social Security Administration crediting Police officer Denis Mahoney for working as a Police Officer in New Castle when in actuality he was living and operating a business that he still owns in Carey, North Carolina. Did Lt. Vize also commit Social Security fraud?
Since Lt. Vize may have set up a criminal organization, shouldn’t the United States Attorney for the Southern District of New York investigate these allegations? The fact that someone as reportedly as corrupt as John P. Vize is allowed to remain as a Police Administrator,
seriously damages the public trust in law enforcement. One would have to think it also damages the public’s confidence in the Town of New
Castle’s government, particularly that Town Administrator Gennaro Faiella along with Chief of Police James Baynes both of whom
knowingly and willingly condoned these actions doing absolutely nothing. These actions of keeping someone as reportedly as corrupt as John
P. Vize in his official capacity along with Chief Baynes and Gennaro Faiella together with Town Board Members that condoned these actions
speaks volumes about the serious lack of integrity in the Town of New Castle’s administration as well as other governmental agencies who choose not see that justice was brought to these people.
As reported by one newspaper (Westchester Guardian) an article read as follows: “State of New York, by Attorney General’s Office vs. Dennis Mahoney & John P. Vize, Index # 06-13794, has focused a tremendous amount of attention on the Town of New Castle’s 40-member Police Department, a matter that has churned since 1999 involving a top law enforcement officer who is still on duty, Lieutenant John P. Vize, accused of keeping fraudulent payroll records for at least a year in order to help fellow officer Dennis Mahoney obtain his
20-year pension early when in fact he only worked 19 years, the last year Dennis Mahoney was running a business he owns and was living down in Carey, North Carolina.
According to twenty-year’s worth of documents seized from the New Castle Police Department in 2003 by the Public Integrity Section of the
Office of Westchester District Attorney Jeannine Pirro, Lt. John P. Vize was also involved in arranging shifts under Dennis Mahoney’s name, referred to by some of the Police Department members as ‘The Mahoney Days’. Approximately 25% of the department’s officers have been reported to have participated in the pension fraud scheme! What line of action was taken by the Chief of Police or the Town Administrator, or the Town Board after these findings were uncovered by the Attorney General’s office? They did nothing, and according to Town Administrator Faiella’s statement in The Journal News, they don’t plan to take any action. (Journal News articles dated: July 28 & 30, 2006).
Instead these individuals are promoted, rewarded, and carry on with their daily routines, unpunished.” Now, what is even more disturbing, is that, as of recently, the Journal News has been doing stories about local municipalities and their pay scale. What they found out was most troubling. As quoted by the writer of the article eganga@LoHud.com, April 14, 2009: “The overtime champion in 2008 was police Lt. John
Vize, who earned $34,784. Vize, who is being sued by the state Attorney General’s Office over accusations that he helped former Police Officer Dennis Mahoney defraud the pension system, was the third-highest paid town employee.”
Do you all find that just a little disturbing that the Town of New Castle Administrator Gennaro Faiella, along with the Town Board’s backing, has the audacity to keep this man who is being tried in our very courts to this day for pension frauds from our New York State Pension system which many hardworking men and women and some, if not all, of you contribute to is still allowed to remain on its payroll?
What does that say about the Administration and Legal system in New Castle?
As a member of the community and a major contributor to the New York State Pension System and the spouse and father of members of the
Jewish faith, and, worse yet, a victim, I find these actions are appalling and disgusting. I was employed by the Town of New Castle D.P.W. Highway Division for 14 1/2 years with an outstanding work record and evaluations.
I have received several certificates for years of dedicated service, Letters of Commendation, as well as letters from residents and people traveling through Chappaqua who I assisted. I have also been recognized, and received commendations from surrounding towns for my actions in evacuating a full bowling alley before a roof collapse on March 17, 2007.
In 2004, I filed a lawsuit against the Town and several employees for Harassment, Discrimination, Anti-Semitism, Retaliation and a Hostile
work environment. For years there were anti-Semitic remarks made towards me, such as “Jew Lover”; and I was told by one person “Hitler Had the Right Idea; the only thing Jews were good for was to skin them and Make Lamp Shades”. One of the Foremen (Mike Clifford) referred to the local Yeshiva as a “Jew Farm”.
There was also an instance involving the Foreman being advised of the name of an applicant for summer hire, whereupon he replied “That
Jew will never get a job here”. There is no excuse for those remarks, and they strike a deep chord within me as my wife and children are Jewish, and these comments were abhorrent. I brought my concerns over these Anti-Semitic remarks to the Chief of Police and the Town Administrator, and they took no action, essentially condoning the illegal acts, the same way they took no action with the complaints within their own department. I should not say they took no action because as you read on you will see just how corrupt the administration is there and what they have been covering up.
In 2002 The Town of New Castle went and hired an outside law firm to arbitrate an incident that took place on May 17, 2002 which involved Michael Molnar, one of the individuals named in my lawsuit. In a separate incident Molnar even tried to run over one of the foremen while yelling vulgar obscene comments out his driver’s side window. This is just one example of several that Molnar was involved in. Yet, to this day, Gennaro Faiella, Penelle Paderewski and the Town Board members, Robin Stout, John Buckley, Elise Kessler Mottel, and Michael Wolfensohn, all choose to ignore the fact that he is a potentially serious problem there. Instead they’ve promoted him and he is receiving an ample amount of overtime on a weekly basis.
Prior to filing my lawsuit, I suffered an on-the-job injury to my back. At that time, as well as currently, I was a volunteer with the Brewster Volunteer Fire Department. I informed the Fire Department that I would be out of service because of my on-the-job injury, as I’ve done any time I’ve had an on the- job injury. During my recovery, I was informed that the Town was investigating me for Worker’s Compensation
fraud based on an “eyewitness” account that I was flagging at a car accident on I-84. Through their investigation, the Town found no evidence to support the allegation, to be truthful. In reality, there was not even an accident on I-84 that Brewster responded to during that period of time. This malicious investigation was conducted with the intention of damaging my reputation and character, and was never officially cleared up.
After filing my lawsuit in 2004, I suddenly found myself getting written up for various “insubordination” charges, including, but not limited
to, my saying “aww, shucks.” In May of 2006, my lawsuit was amended to add the Town Administrator, Gennaro Faiella. Within weeks, I was further retaliated against with additional bogus charges, culminating in my being suspended for 30 days without pay, and my being required to appear for a Section 75 hearing. It is interesting to note that as I was being handed the letter suspending me, another employee was standing there repeating the ‘f ’ bomb over and over again in front of the Deputy Town Administrator, Penelle Paderewski who, at that time, was also Acting DPW Commissioner. And, interestingly enough, she was also this employee’s mother.
As an aside, the employee in question was not written up for his foul language while I, on the other hand, was written up for saying “aww shucks.” Just to be clear, I had never been written up prior to filing the lawsuit! Upon returning to work after my 30-day suspension I was relocated to another department, denied any overtime, and specifically instructed that I was not allowed to use any equipment or drive any vehicles, which essentially meant that I was only permitted to work as a laborer, not at my level of MEO. This is not unlike the Supreme
Court case, Burlington Northern Railroad v White Sheila that was ruled on June 22, 2006. (http://docket.medill.northwestern.edu/archives/003256.php). If that weren’t enough, they also instructed me as to the specific facilities
I was permitted to use when I had to relieve myself.
Where is the justice? Those of us who have filed lawsuits against these individuals and the Town of New Castle have done nothing wrong.
All we have done is fight for our civil rights which were repeatedly violated, and protect the integrity of our families. In response, the Town
of New Castle and its administrators continually harassed and retaliated against us in every way possible.
An example would be that on one occasion my assistant foreman John O’Hearn approached me and made a verbal statement, “Do yourself
a favor and drop the grievances and drop all the other stuff (meaning the lawsuit) because you are on thin ice with the Town.”
They have used us as examples of what will happen if you stand up for what is right, and as their method of intimidation to other employees.
I specifically know that men I was friends with were told to keep their distance from me if they knew what was good for them. This created an environment of fear of retaliation, fear of losing their jobs, fear of losing overtime, fear of further financial repercussions, etc.
Finally, and most disturbingly, is the fact that while I was out of work due to an on-the-job injury, they terminated my employment. Even worse, as a result of this injury, I’m not currently able to seek new employment. Most maliciously however, is the fact that from October 2006 through mid January 2007, they falsified my time sheets, using up my vacation time, personal time, sick time, and comp time. Thus, when they fired me, they wouldn’t have to immediately pay me for that time. There is a history in the Town of New Castle involving falsifying of time sheets, whether for personal gain as in the police department fraud case, or in the case of someone injured on the job.
The Town paid me while I was out on disability, and was reimbursed by Workman’s Compensation. Given that Workman’s Comp income is not taxable, the Town had the responsibility to amend the employee’s W2 form, indicating the correct amount of taxable income. This also did not happen, thus resulting in fraudulent tax records. To summarize, the Attorney General’s office filed a suit against a current police officer, and a retired police officer, but the Town took no disciplinary action. The police officer is currently still on the job, at the same level, with the same responsibilities. An individual (Mike Molnar) physically attacked the foreman of the DPW; no disciplinary action was
taken. This same individual tried to run over another supervisor, as well as another employee, in the DPW; again, no disciplinary action was taken.
Six individuals complained about a hostile work environment caused by this same individual; once again, no disciplinary action was taken.
An individual spray-painted town trucks; but received no disciplinary action. These actions as well as others are all documented. This
is a small example of the discrimination and retaliation that exists. I, however, was written up, suspended for a month without pay, and ultimately fired, for what were essentially bogus and false charges of “insubordination” that “coincidentally” started after my lawsuit Notice of Claim was filed.
Jeffrey S. Chiara, Carmel
In Loving Recognition
Of Memorial Day
And All That Our
Fathers, Mothers
And Families
Sacrificed That
We May Be Free
The inscription on this Memorial Declaration Plaque was from a letter written by Cpl. Frank Gambino, U.S. Marine Corps, 3Bn-COL-23 Regt. 4th Division, on the Battle of Saipan, June 15, 1944 where he describes the Battle - The Marines - Their Beliefs and the loss of his Squad Leader, Cpl. Joseph G. Romano.
Cpl. Frank Gambino’s life ended on February 23, 1944 where he was awarded the Silver Star. A copy of the letter is in the Church and Memorial Services have been held monthly.
“These are our dead and we, their comrades, are the living. Our task is to continue the struggle for which they gave their lives. They shall not have died in vain. Make us worthy of their memory.”
U.S. Marine Corps. Memorial
Mt. Carmel RC Church
70 Park Hill Avenue
Yonkers, New York
Thursday, May 14, 2009
Janet Difiore.
Thursday, May 14, 2009
In Our Opinion...
Politicians Who Kiss Up To DiFiore Could Care Less About The Harm She Brings To Their Constituents
Two weeks ago, when Janet DiFiore, Darling of Westchester’s Political Fat Cats, made her official announcement outside of the County Courthouse that she was running for a second term as District Attorney, we made several observations with respect to the crowd she brought with her. For one thing, more than half of the roughly 200 individuals present were her recognizable assistant district attorneys, investigators, and support staff. No big surprise; Pirro used to stack her announcements that way too, with staff virtually compelled to show up.
What was very telling, however, was the noticeable lack of police personnel from the 43 Departments across the County. Of course, given her callous handling of decent, hard-working police officers, coupled with her mind-boggling protection of rogue, abusive cops, the unwillingness of the overwhelming majority of Westchester’s Finest to support DiFiore was certainly understandable.
After all, they are the ones who have been dealing with her for some three and a half years now, and they are the ones whose fellow officers have suffered under her heavy-handed vindictiveness, as was the case with Detective Sergeant Steven Bonura of the Pleasantville Police Department.
Bonura, a 27-year veteran of the Department, father of five children, had commented to a reporter from The Journal News how inappropriate he thought it was for DiFiore’s Office to be constantly plea-bargaining with a career criminal with 30 arrests, putting that offender quickly back on the street to commit more thefts, more burglaries, and offenses involving guns, supposedly in exchange for information on other criminals. DiFiore, unable to face constructive criticism, insisted on Detective Bonura’s “head on a silver platter”, which she received from the Village Board at the urging of Police Chief Anthony Chiarlitti.
Then there was Officer George Bubaris, of the Mount Kisco Police Department who DiFiore brought to trial without a stitch of evidence
connecting him to the death of homeless immigrant Rene Perez. We had said at the start of the trial, “DA Comes To Court With Tank On Empty.” Bubaris was acquitted, but not before losing his job and spending a fortune in legal fees. Police departments across Westchester have little use for Janet DiFiore; but, apparently, nobody tipped off Pat Lynch, President of the New York City Police Benevolent Association.
Lynch is a union guy. He’s no police officer. He’s just another politician, one who apparently could care less about DiFiore’s mistreatment of good cops, or prosecution of the innocent victims of police brutality, at the hands of bad ones. Like politician Chuck Lesnick, the Yonkers City Council President who never once publicly spoke out against the brutal beating of Rui Florim, or the body-slamming of Irma Marquez,
or the beatings of dozens of other individuals, all his constituents, including women and children, Lynch showed up to kiss up to Janet DiFiore, who, in fact, prosecuted those innocent victims.
Our Readers Respond....
One More Time, Fourth Amendment Alive And Well
Dear Editor:
Last Friday at 6 p.m. I was perched on a public road in sunny Chappaqua, New York awaiting a passing train or three on the Harlem Line. A patrolling New Castle PD cruiser happened upon me, standing trackside armed with my Nikon D100 digital camera. Before he exited his vehicle, he radioed for back-up. Within one minute, another two police cars come racing down this dead-end street at over 50 MPH.
Now that the whole posse was here the grilling began.
Q. “Why are you here? What are you doing?”
A. “Taking pictures of trains.”
Q. “Why are you taking pictures of trains? What are you going to do with pictures?”
A. “It’s my hobby.”
Q. “Let me see some I.D.”
After he ran my license, checked the tags on my car, and all comes back A-OK, he then explained to me that “All of this is necessary in the
name of post-9/11, transit systems being targeted, subway bombings in Spain and England, etc.”
I explained that I’m taking pictures from a public road, of public transportation, all within my rights. He said, “True, but we still have to make sure, you know?” Actually, I did not know why I needed to be checked out, but ok.
He then asked for permission to search my vehicle. At this point, I knew if I refused, things could get ugly. They could write me a ticket for
parking two feet from the curb, worn left tire, parking the wrong way on the left side of the road, etc. So, knowing that I had nothing to hide in my car I said “Sure, go ahead, search the vehicle.”
They asked me to step away from the car as they conducted their search. They went through my work bag, my laptop computer case, the
trunk, the glove box and everywhere in between.
And then one officer saw my Metro-North Railroad parking permit. He said “Hey, do you have Metro-North ID?” I said “Sure, here it is.” “Oh, you work for Metro-North?” they asked. I said “Yes.” At this point, they ended their search and the ordeal was over. The two
officers who arrived last left the scene. The remaining officer finished his notes, and upon leaving stated again that all of this is “Due to 9/11.”
He thanked me for co-operating and drove off into the sunset.
As you probably know, the MTA photo policy states that any John Q. Public can take a picture of any train, bus or subway car so long as you are not in a RESTRICTED area. So, why do these cops violate me when I am John Q. Public standing on a public road?
Answer - because they can.
Welcome to modern day Communism folks, right here in the U.S. of A. Please note, that I did not want to be “Let o- because I’m an MTA
employee.” But rather, I wanted to simply act within the letter of the law and exercise my rights as a free citizen living in the greatest state in the greatest country on earth. I should not have been violated by these guys like this. Obviously, that was too much to ask for...in New Castle anyway.
But maybe, that is what they do to “justify their jobs” - ya know? As in “extra protection” for the “Billary & Co.” mansion located a few
miles away. i.e. Stop any out-of-towner and give ‘em a good lashing! I am truly saddened by this unfortunate event.
W. Koch
Editor’s Note: Reader Koch would do well to read the “In Our Opinion” column in the May 7, 2009 edition of The Guardian in which we discuss the very recent decision of the United States Supreme Court, authored by Justice Stevens, with respect to police searches of vehicles incident to an occupant’s arrest. In overturning those automatic warrantless searches which dated back to 1981 Stevens declared, “A rule that gives police the power to conduct a search whenever an individual is caught committing a traffic offense creates a serious and recurring threat to the privacy of countless individuals.”
Machiavellian Maneuvers Of Lawyers, Judges And Defendant For Over 20 years
Dear Editor:
The 20 year span of over 20 Judges in one divorce action one would question Why?
Supreme Court of the State of New
York, Index No.90/1972, County of Putnam,
Honorable Andrew P. O’Rourke
Maria Gkanios, Plaintiff
-Against-
Frank A/K/A Fotios Gkanios, Defendant
Selective Prosecution
Why does a divorce take 20 years; Gkanios vs. Gkanios, the longest divorce case in Putnam County? Why was this defendant allowed to operate under a second Social Security number?
Why were charges not filed against this defendant for filing false net worth statements in this divorce action without the new Social Security Number?
Why would Judge Andrew O’ Rourke at one point knowing that the defendant Mr. Gkanios, is a convicted Pedophile having to decide Fault in the divorce. This is an insult. Fault should not have even been a question in this divorce. One would also question the qualifications of Judge Andrew O’ Rourke if he cannot recognize how the law requires him to deal with a convicted Pedophile in a matrimonial action.
How is he sitting on a matrimonial case, failing to follow the rule requirements in matrimonial including discovery, due process, notice, hearing etc…?
Why would Judge Andrew O’Rourke taint himself with the appearance of impropriety by further condoning and rewarding the actions of the defendant by having to think of having to decide fault. It was only after Plaintiff reminded this judge of the heinous acts by the defendant that fault was removed.
Bifurcation of a divorce is illegal in New York. Again Judge Andrew O’Rourke violated the law by bifurcating this divorce from the bench, NO written order, no discovery etc. There should be no question as to fault; the egregious conduct of the defendant being a convicted pedophile under egregious conduct clearly proven in the State of New York!
This divorce belongs under EGREGIOUS CONDUCT not Equitable Distribution. The plaintiff ’s marriage to this defendant from the inception was a lie. Egregious conduct is hard to prove but not in this case. Defendant was found guilty by a jury on December 11, 1991
in Putnam County and, on the same charges, in Westchester County plead guilty to the full indictment on April 14, 1992. In the State of New York under Egregious conduct plaintiff is entitled to all the marital assets, that is the very reason that the courts, the defendant, his attorneys sent plaintiff on a wild goose chase for years because of his crimes!
The question here why the sentence was concurrent and such a minimum sentence? He served a total of four years on such a heinous crime! If it was anyone else they would have served at least 25 years.
Why did Judge Andrew O’ Rourke turn a willful contempt hearing for failure to pay child support into a matrimonial trial, knowing that, to date, there has been no discovery; no note of issue can be filed.
Defendant was hiding in the State of Florida at 2585 South East 9th Street. Pompano Beach under the second Social Security number. Why was this defendant not picked up after reporting it to the DA’s office and the Carmel PD for help? On April 11, 2008 defendant was picked in the State of Florida on the Adam Walsh Law for failure to register as a sex offender. He left the State of New York illegally.
Defendant has lived an elegant life style in New York and in the State of Florida in a multi million dollar home in Pompano Beach. Claiming he works and makes 250.00 a week but testified that he pays 1,200.00 a month rent, what about the food, electric, insurance etc. Red Flag?
Why didn’t Judge Andrew O’ Rourke order the production of the defendants Past and Present Tax returns? Why didn’t Judge Andrew O’
Rourke demand a full accounting from this defendant?
How is it that this defendant continues to falsely claim financial hardship. If that were true than the proper action for the defendant would be to motion the court for Poor Persons relief under CPLR ARTICLE 11 Sec 1101, 1102, 1103, not show up in court with paid attorneys, appraisers, at the same time falsely and frivolously claiming to have no money to pay child support. Adding insult to injury giving the plaintiff two money orders of $25 each just two days before the court hearing for contempt and an additional two more money orders for
$25 each after the court hearing. This is an insult to plaintiff, the court and the laws governing Child Support including every father who has gone to jail for not paying child support arrears. Fathers who pay support and Fathers who have been jailed for non support Mike Kelly,
Doug Higbee, Domenick Lieto, Bret Evans, Allen Ortz, Thomas Butti, Edward Mancini, Tony Nocera and John McKeon the list goes on.
Why?
Why would Judge Andrew O’Rourke violate the law further to wipe out child support arrears totaling over $300,000. Notice of Entry of all orders, properly filed and served along with all the affidavits of service the time for the defendant to appeal has long been gone. Defendant was represented by counsel at all times! Has Judge Andrew O’Rourke now become an appellate judge and appointed himself?
“DRL Section 244, article; that the court NO LONGER has broad discretion in determining whether to grant applications for judgment. Where the arrears are the arrears in child support, the court must enter a money judgment for the amount of arrears, now arrears in child support must be awarded in full.” Judge Andrew O’ Rourke was not appointed by the AIS Part to hear this case why did he continue and appoint himself to this case?
Before Judge Andrew O’ Rourke, Attorney Victor Grossman opened the door on the production of tape recordings that the plaintiff was in possession of. Plaintiff produced the tape recording after court and counsel received the damaging evidence before the court against the defendant, the court has again through deceptive practice conspicuously and deliberately leaving this out of record. This clearly constitutes
continued fraud, and bias. WHY?
Tape one show’s how the plaintiff was fighting with the defendant because the defendant wanted to burn the tore down, a restaurant in Eastchester, and collect the insurance money and plan that it was the plaintiff. The second tape was the day before the second restaurant in Mt Vernon was taken. Defendant’s thugs came in and threatened that plaintiff better give the store to the defendant or they were going to send the boys up.
There were numerous and prejudicial statements directed at the plaintiff by Justice Andrew O’ Rourke. The remarks made were not proper and undermining of the public’s trust. I would think that the actions of the court are deliberate violations of the Cannons of Professional Responsibility and his oath of office.
That plaintiff pay for the transcripts and then the defendant will give plaintiff half. Judge O’ Rourke comments: “Call your rich relatives in California, let them give you the money” Plaintiff was granted Poor person in a divorce action years ago. Plaintiff cannot afford the transcript.
Plaintiff does not work. In the interests of justice plaintiff ’s poor person request is accepted and the transcripts produced without further violating plaintiff ’s due process rights and civil rights. There is not just one violation, there are numerous. This case has gone on for quite a number of years.
Compliance with the rules is essential to the integrity of the Judicial Process. In this case there has been no compliance ever!
The Child Support Judgements
1. Dated March 11, 1994 is from week December 18,1990 to February 13,1993 plus interest totaling $71,484, 00 defendant was served at the Correctional Facility along with his counsel.
2. Dated June 24,1994 is from week February 14,1993 to May 8, 1994 plus interest Totaling $36,090.14
3. Dated November 16,1995 is from week May 9, 1994 to June 4, 1995 plus interest Totaling $31,838,68
4. Dated June 16, 1996 is from week June 5, 1995 to November 12,1995 plus interest totaling $12,138.01
5. Dated October 13,1996 is from week November 13,1995 to September 1,1996 plus interest totaling $ 22,822.68
6. Dated October 15, 1999 is from week September 2,1996 to May 31,1999 plus Interest totaling $ 86,654.12
7. Dated March 12,1996 is from December 11,1990 to March 12,1996 plus interest totaling $ 24,671.60. This judgment is for the care of the defendants step-son Peter Cirino Defendant signed a Confession of Judgment.
Machiavellian maneuvers by the Courts, the defendant and Defendant’s counsel should no longer be tolerated by this or any other Court!
As Professor Siegel sets forth: “The present system is too tolerant of the deliberately evasive and dilatory litigant, increasing the expense of
litigation in money, time, trouble, and feeling, and tending as a consequence to undermine public confidence in the courts.” New York Practice, 2d. Ed., David D. Siegel, 367, p. 541 (.1991).
Lets Play Catch
Child Support takes precedence over any claims. Defendant’s former counsel Terrence Dwyer illegally obtained a confession of judgment from the defendant, just two days prior to his incarceration, against marital property in an attempt to defeat any and all my economic claims, and the minor children born of this marriage: in particular, those claims of child support CPLR 5234 (b). “Such executions for child support
shall have priority over any other assignment, levy or process”.
Dwyer violated the Court Orders by obtaining the confession of judgment after JUSTICE SWEENEY’s decision. Dwyer was not awarded attorney’s fees by this court or any other court for his representation of my husband in this matrimonial action or any other action.
The order entered in the Matrimonial matter of Judge Fred Dickenson dated 7/1/91 states: (Paragraph 3, The defendant’s, his agents, employees and representatives are restrained and enjoined, except in the regular course of business and subject to further order of the court, from concealing, dissipating, utilizing, assigning, transferring, or in any way disposing or encumbering the marital assets, unless the plaintiff, in writing consents to such action.) and Further: A second order of Justice Sweeney’s dated October 21, 1991, states:
“This court is most reluctant to award attorney’s fees where child support is outstanding. Therefore, the ‘court Sua Sponte vacates its award of attorney’s fees without prejudice to renew ‘if it is found, specifically in the Supreme Court Action, that Respondent, herein, was not in arrears.”
Upon reading the newspaper to my surprise I found that Dwyer was going to auction off my property through his confession of judgment. Dwyer is not a marital debtor; he cannot enforce judgment against a marital property without the written consent of the creditor. The marital estate is not liable for the debts incurred by husband after the separation.
Contrary to State and Federal statutes regarding child Support as well as prevailing case law authority; and his bad faith attempt to take possession and control of the marital property located in Putnam County through a Sheriff ’s Sale which was scheduled February 4,
1993 without disclosing it to me that there existed a Confession of Judgment secured by him against my husband and without notice to me “CPLR 5236(c) Requires Notice” that he intended to execute upon said judgment; violating NYCRR. 1200. 11[DR 2-106] The rules precluded Defendants Attorney Dwyer from a contingency fee agreement in a criminal matter. Dwyer proceeded knowingly to obtain marital
property although the rights to his property had not yet been determined; CPLR 5239.
Attorney Dwyer failed to provide plaintiff with any and all documents, correspondence, or agreements regarding the procurance of said judgment which he has levied against the property, my property. NYCRR 1200.11 [DR 2-106] prohibits Dwyer from obtaining an agreement upon security interest, Confession of Judgment or other lien without prior notice to the client in a signed retainer agreement which Dwyer has failed to produce to date. There is no privilege where notice has to be of an application for a security interest to the other spouse; A lawyer shall not enter into an agreement for, charge or collect:
(1) A contigent fee for representing my husband in a criminal case; or
(2) Any fee in a Domestic relations matter to which Part 1400 of the joint rules of the Appellate Division is applicable,
(a) The payment or amount of which is Contingent upon the securing of a divorce or upon the amount of maintenance, support, equitable distribution, or property settlement; or
(b) Unless a written retainer agreement is signed t the lawyer and the client setting forth in plain language the nature of the relationship and the details of the fee arrangement.
(c) Based upon a security, interest, Confession of Judgment or other lien without prior notice to the, client in a signed retainer agreement and approval from the Court after NOTICE to the Adversary.
Dwyer proceeded knowingly and unlawfully to obtain a security interest in the marital estate via Confession of Judgment without presenting to the lower court any documents which demonstrates that a fee agreement existed; and that I had been given notice, the adversary in this action; or that the court had granted approval for the “security interest,” after submission of an application for counsel fee [NYCRR
1400.5 a) (1).(2) and (3)].
(A) An attorney may obtain a confession of judgment or promissory note, take a lien on real property, or otherwise obtain a security interest to secure his or her fee only where:
(1) the retainer agreement provides that a security interest may be sought;
(2) Notice of an application for a security interest has been given to the other spouse;
(3) The court grants approval for the security interest after submission of an application for counsel fee
(B) Unless a written retainer agreement is signed by the lawyer and the client etting forth in plain language the ature of the relationship and the details o the fee arrangement.
(C) Based upon a security, interest, confession of Judgment or other lien ithout prior notice to the, client in a signed retainer agreement and approval from the Court after NOTICE to the Adversary
In addition to Defendant and, by his previous counsel, falsifying statements of net worth; dated 8/5/91 defendant and by his counsel failed to include the property in question that was owned by my husband and myself. DRL 236 Pt B, Subd. 1 c provides marital property is all property acquired by either or both parties during, the marriage and before the execution of a separation agreement or the commencement
of a matrimonial action. Defendants counsel executed upon the confession of judgment in Westchester County with full knowledge that said property was the subject to the equitable distribution laws of this state. Further defendants counsel was not a creditor of the marital estate
and his contempt of court orders dated July 3, 1991 and the Honorable Justice Sweeney Dated 10/21/91
Defendant’s former attorney Dwyer attempted to foreclose on me and from attaching any interest in this property his attempts violated my rights to deprive me of my property and to defeat Equitable Distribution. The support issues must be addressed and come before Dwyer’s action but what counsel tried to do was screw you. Courts, I am getting my money.
Foreclosure
Judge O’ Rourke continued to allow an appraisal for my children’s house and property when it was foreclosed on years ago when I continued to object to each and every time on any and all statements made. The defendant, as well as I are FOREVER BARRED.
Judge O’ Rourke is trying to collect half of what the house was worth at foreclosure knowing that the defendant and I were forever barred in an attempt to deduct that from the child support the defendant owes the plaintiff. One would question why there was a span of 20 years and over 30 Judges, in one divorce action.
Maria Gkanios, Mahopac
Citizens Need A Direct Vote On Critical Issues
Dear Editor:
The state produces nothing. It gets all of its money from the disorganized majority and gives it to the organized unions, non-profits, and large corporations. Other state-dependent, un-elected organizations are the public authorities, such as the MTA, the Empire State Development Corporation, and the Dormitory Authority, which sell billions of dollars of bonds without taxpayer approval even though the taxpayers have the responsibility to pay them back, with interest.
Every year when the state budget rip-off is being decided, the MTA’s highly-paid executives and their huge staffs distract the citizens by declaring transit, bus and train fares, and tolls, will face a dramatic increase, but when the budget process is completed, the MTA miraculously finds another billion dollars in its own budget. The distraction is successful, and the fare increases are minimal or postponed.
One difficult solution to the corruption and financial mess in Albany would be to allow citizens to collect the required number of signatures,
and then put critical issues on the ballot for voters to accept or reject (the initiative process), or to give voters the right to reject all
or parts of legislation passed by the politicians, by direct ballot after signatures have been collected (the referendum process).
Acceptable initiative and referendum legislation, introduced by Senator Ranzenhofer (S3525), is extremely difficult to pass because virtually every politician, union, non-profit, and corporation opposes it. Only taxpayer groups support the legislation. Politicians consider themselves upperclass royalty and despise the hardworking citizens since legislators get their power from special interest groups, not the voters. They are arrogant and corrupt as witnessed by indictments for DWI, sex with interns, assault, bribery and kickbacks, and misuse of funds.
Meanwhile, the teachers and health care unions and non-profits suck billions of dollars from these compliant politicians who jam
needles into the veins of taxpayers day after day to satisfy the needs of their blood-thirsty patrons.
Opponents of initiative and referendum legislation, and a state Constitutional amendment, claim it isn’t necessary in a democracy because citizens are represented by elected legislators. Unfortunately, there hasn’t been a democratic government in Albany in many decades. The
State Legislature goes to the highest bidder, and the public be damned. Types of legislation that could be passed by the initiative process
include: term limits; court reform; public authority bond debt must be approved by the voters; corporations receiving tax subsidies must
guarantee worker employment and no plant closings/relocations; property tax reform; “sunlight” on all state union contracts, contractor
biddings/awards, and non-profit contracts; all contracts and audited financial reports of non-profits must be online within three months
after agreements are signed; right to cut health benefits for families of state workers; and right to cut the salaries, perks, travel, pensions,
staff, and health care for legislators.
Tell your state senator and assembly member to support the initiative and referendum bill S3525, and not any other useless, smokescreen
bills.
Charles Roda, Mount Vernon
Reader Endorses Candidate For New Rochelle School Board
Dear Editor:
I was glad to learn that Vincent Malfetano has become a candidate for the New Rochelle School Board. With the present School Board proposing a budget that approaches a quarter of a billion dollars, it is urgent that we elect some new people to the Board who have a more reasonable stance on school budgets.
As a parent, homeowner, lawyer and instructor, Mr. Malfetano is well-qualified to serve on the Board. He understands the need to
properly educate all of our children. But he also understands this must be done in a cost-conscious manner that will stop the constant
increases in taxes of double and triple the rate of inflation that is causing many home owners to flee the city.
In addition, Mr. Malfetano would bring a much needed balance to the Board. He is a resident of the South end of the city and would
give the parents of children attending Trinity, Jefferson, Columbus and Isaac E. Young schools a stronger voice on the Board that has too
often been dominated by North end residents.
Ines Candrea, New Rochelle
In Our Opinion...
Politicians Who Kiss Up To DiFiore Could Care Less About The Harm She Brings To Their Constituents
Two weeks ago, when Janet DiFiore, Darling of Westchester’s Political Fat Cats, made her official announcement outside of the County Courthouse that she was running for a second term as District Attorney, we made several observations with respect to the crowd she brought with her. For one thing, more than half of the roughly 200 individuals present were her recognizable assistant district attorneys, investigators, and support staff. No big surprise; Pirro used to stack her announcements that way too, with staff virtually compelled to show up.
What was very telling, however, was the noticeable lack of police personnel from the 43 Departments across the County. Of course, given her callous handling of decent, hard-working police officers, coupled with her mind-boggling protection of rogue, abusive cops, the unwillingness of the overwhelming majority of Westchester’s Finest to support DiFiore was certainly understandable.
After all, they are the ones who have been dealing with her for some three and a half years now, and they are the ones whose fellow officers have suffered under her heavy-handed vindictiveness, as was the case with Detective Sergeant Steven Bonura of the Pleasantville Police Department.
Bonura, a 27-year veteran of the Department, father of five children, had commented to a reporter from The Journal News how inappropriate he thought it was for DiFiore’s Office to be constantly plea-bargaining with a career criminal with 30 arrests, putting that offender quickly back on the street to commit more thefts, more burglaries, and offenses involving guns, supposedly in exchange for information on other criminals. DiFiore, unable to face constructive criticism, insisted on Detective Bonura’s “head on a silver platter”, which she received from the Village Board at the urging of Police Chief Anthony Chiarlitti.
Then there was Officer George Bubaris, of the Mount Kisco Police Department who DiFiore brought to trial without a stitch of evidence
connecting him to the death of homeless immigrant Rene Perez. We had said at the start of the trial, “DA Comes To Court With Tank On Empty.” Bubaris was acquitted, but not before losing his job and spending a fortune in legal fees. Police departments across Westchester have little use for Janet DiFiore; but, apparently, nobody tipped off Pat Lynch, President of the New York City Police Benevolent Association.
Lynch is a union guy. He’s no police officer. He’s just another politician, one who apparently could care less about DiFiore’s mistreatment of good cops, or prosecution of the innocent victims of police brutality, at the hands of bad ones. Like politician Chuck Lesnick, the Yonkers City Council President who never once publicly spoke out against the brutal beating of Rui Florim, or the body-slamming of Irma Marquez,
or the beatings of dozens of other individuals, all his constituents, including women and children, Lynch showed up to kiss up to Janet DiFiore, who, in fact, prosecuted those innocent victims.
Our Readers Respond....
One More Time, Fourth Amendment Alive And Well
Dear Editor:
Last Friday at 6 p.m. I was perched on a public road in sunny Chappaqua, New York awaiting a passing train or three on the Harlem Line. A patrolling New Castle PD cruiser happened upon me, standing trackside armed with my Nikon D100 digital camera. Before he exited his vehicle, he radioed for back-up. Within one minute, another two police cars come racing down this dead-end street at over 50 MPH.
Now that the whole posse was here the grilling began.
Q. “Why are you here? What are you doing?”
A. “Taking pictures of trains.”
Q. “Why are you taking pictures of trains? What are you going to do with pictures?”
A. “It’s my hobby.”
Q. “Let me see some I.D.”
After he ran my license, checked the tags on my car, and all comes back A-OK, he then explained to me that “All of this is necessary in the
name of post-9/11, transit systems being targeted, subway bombings in Spain and England, etc.”
I explained that I’m taking pictures from a public road, of public transportation, all within my rights. He said, “True, but we still have to make sure, you know?” Actually, I did not know why I needed to be checked out, but ok.
He then asked for permission to search my vehicle. At this point, I knew if I refused, things could get ugly. They could write me a ticket for
parking two feet from the curb, worn left tire, parking the wrong way on the left side of the road, etc. So, knowing that I had nothing to hide in my car I said “Sure, go ahead, search the vehicle.”
They asked me to step away from the car as they conducted their search. They went through my work bag, my laptop computer case, the
trunk, the glove box and everywhere in between.
And then one officer saw my Metro-North Railroad parking permit. He said “Hey, do you have Metro-North ID?” I said “Sure, here it is.” “Oh, you work for Metro-North?” they asked. I said “Yes.” At this point, they ended their search and the ordeal was over. The two
officers who arrived last left the scene. The remaining officer finished his notes, and upon leaving stated again that all of this is “Due to 9/11.”
He thanked me for co-operating and drove off into the sunset.
As you probably know, the MTA photo policy states that any John Q. Public can take a picture of any train, bus or subway car so long as you are not in a RESTRICTED area. So, why do these cops violate me when I am John Q. Public standing on a public road?
Answer - because they can.
Welcome to modern day Communism folks, right here in the U.S. of A. Please note, that I did not want to be “Let o- because I’m an MTA
employee.” But rather, I wanted to simply act within the letter of the law and exercise my rights as a free citizen living in the greatest state in the greatest country on earth. I should not have been violated by these guys like this. Obviously, that was too much to ask for...in New Castle anyway.
But maybe, that is what they do to “justify their jobs” - ya know? As in “extra protection” for the “Billary & Co.” mansion located a few
miles away. i.e. Stop any out-of-towner and give ‘em a good lashing! I am truly saddened by this unfortunate event.
W. Koch
Editor’s Note: Reader Koch would do well to read the “In Our Opinion” column in the May 7, 2009 edition of The Guardian in which we discuss the very recent decision of the United States Supreme Court, authored by Justice Stevens, with respect to police searches of vehicles incident to an occupant’s arrest. In overturning those automatic warrantless searches which dated back to 1981 Stevens declared, “A rule that gives police the power to conduct a search whenever an individual is caught committing a traffic offense creates a serious and recurring threat to the privacy of countless individuals.”
Machiavellian Maneuvers Of Lawyers, Judges And Defendant For Over 20 years
Dear Editor:
The 20 year span of over 20 Judges in one divorce action one would question Why?
Supreme Court of the State of New
York, Index No.90/1972, County of Putnam,
Honorable Andrew P. O’Rourke
Maria Gkanios, Plaintiff
-Against-
Frank A/K/A Fotios Gkanios, Defendant
Selective Prosecution
Why does a divorce take 20 years; Gkanios vs. Gkanios, the longest divorce case in Putnam County? Why was this defendant allowed to operate under a second Social Security number?
Why were charges not filed against this defendant for filing false net worth statements in this divorce action without the new Social Security Number?
Why would Judge Andrew O’ Rourke at one point knowing that the defendant Mr. Gkanios, is a convicted Pedophile having to decide Fault in the divorce. This is an insult. Fault should not have even been a question in this divorce. One would also question the qualifications of Judge Andrew O’ Rourke if he cannot recognize how the law requires him to deal with a convicted Pedophile in a matrimonial action.
How is he sitting on a matrimonial case, failing to follow the rule requirements in matrimonial including discovery, due process, notice, hearing etc…?
Why would Judge Andrew O’Rourke taint himself with the appearance of impropriety by further condoning and rewarding the actions of the defendant by having to think of having to decide fault. It was only after Plaintiff reminded this judge of the heinous acts by the defendant that fault was removed.
Bifurcation of a divorce is illegal in New York. Again Judge Andrew O’Rourke violated the law by bifurcating this divorce from the bench, NO written order, no discovery etc. There should be no question as to fault; the egregious conduct of the defendant being a convicted pedophile under egregious conduct clearly proven in the State of New York!
This divorce belongs under EGREGIOUS CONDUCT not Equitable Distribution. The plaintiff ’s marriage to this defendant from the inception was a lie. Egregious conduct is hard to prove but not in this case. Defendant was found guilty by a jury on December 11, 1991
in Putnam County and, on the same charges, in Westchester County plead guilty to the full indictment on April 14, 1992. In the State of New York under Egregious conduct plaintiff is entitled to all the marital assets, that is the very reason that the courts, the defendant, his attorneys sent plaintiff on a wild goose chase for years because of his crimes!
The question here why the sentence was concurrent and such a minimum sentence? He served a total of four years on such a heinous crime! If it was anyone else they would have served at least 25 years.
Why did Judge Andrew O’ Rourke turn a willful contempt hearing for failure to pay child support into a matrimonial trial, knowing that, to date, there has been no discovery; no note of issue can be filed.
Defendant was hiding in the State of Florida at 2585 South East 9th Street. Pompano Beach under the second Social Security number. Why was this defendant not picked up after reporting it to the DA’s office and the Carmel PD for help? On April 11, 2008 defendant was picked in the State of Florida on the Adam Walsh Law for failure to register as a sex offender. He left the State of New York illegally.
Defendant has lived an elegant life style in New York and in the State of Florida in a multi million dollar home in Pompano Beach. Claiming he works and makes 250.00 a week but testified that he pays 1,200.00 a month rent, what about the food, electric, insurance etc. Red Flag?
Why didn’t Judge Andrew O’ Rourke order the production of the defendants Past and Present Tax returns? Why didn’t Judge Andrew O’
Rourke demand a full accounting from this defendant?
How is it that this defendant continues to falsely claim financial hardship. If that were true than the proper action for the defendant would be to motion the court for Poor Persons relief under CPLR ARTICLE 11 Sec 1101, 1102, 1103, not show up in court with paid attorneys, appraisers, at the same time falsely and frivolously claiming to have no money to pay child support. Adding insult to injury giving the plaintiff two money orders of $25 each just two days before the court hearing for contempt and an additional two more money orders for
$25 each after the court hearing. This is an insult to plaintiff, the court and the laws governing Child Support including every father who has gone to jail for not paying child support arrears. Fathers who pay support and Fathers who have been jailed for non support Mike Kelly,
Doug Higbee, Domenick Lieto, Bret Evans, Allen Ortz, Thomas Butti, Edward Mancini, Tony Nocera and John McKeon the list goes on.
Why?
Why would Judge Andrew O’Rourke violate the law further to wipe out child support arrears totaling over $300,000. Notice of Entry of all orders, properly filed and served along with all the affidavits of service the time for the defendant to appeal has long been gone. Defendant was represented by counsel at all times! Has Judge Andrew O’Rourke now become an appellate judge and appointed himself?
“DRL Section 244, article; that the court NO LONGER has broad discretion in determining whether to grant applications for judgment. Where the arrears are the arrears in child support, the court must enter a money judgment for the amount of arrears, now arrears in child support must be awarded in full.” Judge Andrew O’ Rourke was not appointed by the AIS Part to hear this case why did he continue and appoint himself to this case?
Before Judge Andrew O’ Rourke, Attorney Victor Grossman opened the door on the production of tape recordings that the plaintiff was in possession of. Plaintiff produced the tape recording after court and counsel received the damaging evidence before the court against the defendant, the court has again through deceptive practice conspicuously and deliberately leaving this out of record. This clearly constitutes
continued fraud, and bias. WHY?
Tape one show’s how the plaintiff was fighting with the defendant because the defendant wanted to burn the tore down, a restaurant in Eastchester, and collect the insurance money and plan that it was the plaintiff. The second tape was the day before the second restaurant in Mt Vernon was taken. Defendant’s thugs came in and threatened that plaintiff better give the store to the defendant or they were going to send the boys up.
There were numerous and prejudicial statements directed at the plaintiff by Justice Andrew O’ Rourke. The remarks made were not proper and undermining of the public’s trust. I would think that the actions of the court are deliberate violations of the Cannons of Professional Responsibility and his oath of office.
That plaintiff pay for the transcripts and then the defendant will give plaintiff half. Judge O’ Rourke comments: “Call your rich relatives in California, let them give you the money” Plaintiff was granted Poor person in a divorce action years ago. Plaintiff cannot afford the transcript.
Plaintiff does not work. In the interests of justice plaintiff ’s poor person request is accepted and the transcripts produced without further violating plaintiff ’s due process rights and civil rights. There is not just one violation, there are numerous. This case has gone on for quite a number of years.
Compliance with the rules is essential to the integrity of the Judicial Process. In this case there has been no compliance ever!
The Child Support Judgements
1. Dated March 11, 1994 is from week December 18,1990 to February 13,1993 plus interest totaling $71,484, 00 defendant was served at the Correctional Facility along with his counsel.
2. Dated June 24,1994 is from week February 14,1993 to May 8, 1994 plus interest Totaling $36,090.14
3. Dated November 16,1995 is from week May 9, 1994 to June 4, 1995 plus interest Totaling $31,838,68
4. Dated June 16, 1996 is from week June 5, 1995 to November 12,1995 plus interest totaling $12,138.01
5. Dated October 13,1996 is from week November 13,1995 to September 1,1996 plus interest totaling $ 22,822.68
6. Dated October 15, 1999 is from week September 2,1996 to May 31,1999 plus Interest totaling $ 86,654.12
7. Dated March 12,1996 is from December 11,1990 to March 12,1996 plus interest totaling $ 24,671.60. This judgment is for the care of the defendants step-son Peter Cirino Defendant signed a Confession of Judgment.
Machiavellian maneuvers by the Courts, the defendant and Defendant’s counsel should no longer be tolerated by this or any other Court!
As Professor Siegel sets forth: “The present system is too tolerant of the deliberately evasive and dilatory litigant, increasing the expense of
litigation in money, time, trouble, and feeling, and tending as a consequence to undermine public confidence in the courts.” New York Practice, 2d. Ed., David D. Siegel, 367, p. 541 (.1991).
Lets Play Catch
Child Support takes precedence over any claims. Defendant’s former counsel Terrence Dwyer illegally obtained a confession of judgment from the defendant, just two days prior to his incarceration, against marital property in an attempt to defeat any and all my economic claims, and the minor children born of this marriage: in particular, those claims of child support CPLR 5234 (b). “Such executions for child support
shall have priority over any other assignment, levy or process”.
Dwyer violated the Court Orders by obtaining the confession of judgment after JUSTICE SWEENEY’s decision. Dwyer was not awarded attorney’s fees by this court or any other court for his representation of my husband in this matrimonial action or any other action.
The order entered in the Matrimonial matter of Judge Fred Dickenson dated 7/1/91 states: (Paragraph 3, The defendant’s, his agents, employees and representatives are restrained and enjoined, except in the regular course of business and subject to further order of the court, from concealing, dissipating, utilizing, assigning, transferring, or in any way disposing or encumbering the marital assets, unless the plaintiff, in writing consents to such action.) and Further: A second order of Justice Sweeney’s dated October 21, 1991, states:
“This court is most reluctant to award attorney’s fees where child support is outstanding. Therefore, the ‘court Sua Sponte vacates its award of attorney’s fees without prejudice to renew ‘if it is found, specifically in the Supreme Court Action, that Respondent, herein, was not in arrears.”
Upon reading the newspaper to my surprise I found that Dwyer was going to auction off my property through his confession of judgment. Dwyer is not a marital debtor; he cannot enforce judgment against a marital property without the written consent of the creditor. The marital estate is not liable for the debts incurred by husband after the separation.
Contrary to State and Federal statutes regarding child Support as well as prevailing case law authority; and his bad faith attempt to take possession and control of the marital property located in Putnam County through a Sheriff ’s Sale which was scheduled February 4,
1993 without disclosing it to me that there existed a Confession of Judgment secured by him against my husband and without notice to me “CPLR 5236(c) Requires Notice” that he intended to execute upon said judgment; violating NYCRR. 1200. 11[DR 2-106] The rules precluded Defendants Attorney Dwyer from a contingency fee agreement in a criminal matter. Dwyer proceeded knowingly to obtain marital
property although the rights to his property had not yet been determined; CPLR 5239.
Attorney Dwyer failed to provide plaintiff with any and all documents, correspondence, or agreements regarding the procurance of said judgment which he has levied against the property, my property. NYCRR 1200.11 [DR 2-106] prohibits Dwyer from obtaining an agreement upon security interest, Confession of Judgment or other lien without prior notice to the client in a signed retainer agreement which Dwyer has failed to produce to date. There is no privilege where notice has to be of an application for a security interest to the other spouse; A lawyer shall not enter into an agreement for, charge or collect:
(1) A contigent fee for representing my husband in a criminal case; or
(2) Any fee in a Domestic relations matter to which Part 1400 of the joint rules of the Appellate Division is applicable,
(a) The payment or amount of which is Contingent upon the securing of a divorce or upon the amount of maintenance, support, equitable distribution, or property settlement; or
(b) Unless a written retainer agreement is signed t the lawyer and the client setting forth in plain language the nature of the relationship and the details of the fee arrangement.
(c) Based upon a security, interest, Confession of Judgment or other lien without prior notice to the, client in a signed retainer agreement and approval from the Court after NOTICE to the Adversary.
Dwyer proceeded knowingly and unlawfully to obtain a security interest in the marital estate via Confession of Judgment without presenting to the lower court any documents which demonstrates that a fee agreement existed; and that I had been given notice, the adversary in this action; or that the court had granted approval for the “security interest,” after submission of an application for counsel fee [NYCRR
1400.5 a) (1).(2) and (3)].
(A) An attorney may obtain a confession of judgment or promissory note, take a lien on real property, or otherwise obtain a security interest to secure his or her fee only where:
(1) the retainer agreement provides that a security interest may be sought;
(2) Notice of an application for a security interest has been given to the other spouse;
(3) The court grants approval for the security interest after submission of an application for counsel fee
(B) Unless a written retainer agreement is signed by the lawyer and the client etting forth in plain language the ature of the relationship and the details o the fee arrangement.
(C) Based upon a security, interest, confession of Judgment or other lien ithout prior notice to the, client in a signed retainer agreement and approval from the Court after NOTICE to the Adversary
In addition to Defendant and, by his previous counsel, falsifying statements of net worth; dated 8/5/91 defendant and by his counsel failed to include the property in question that was owned by my husband and myself. DRL 236 Pt B, Subd. 1 c provides marital property is all property acquired by either or both parties during, the marriage and before the execution of a separation agreement or the commencement
of a matrimonial action. Defendants counsel executed upon the confession of judgment in Westchester County with full knowledge that said property was the subject to the equitable distribution laws of this state. Further defendants counsel was not a creditor of the marital estate
and his contempt of court orders dated July 3, 1991 and the Honorable Justice Sweeney Dated 10/21/91
Defendant’s former attorney Dwyer attempted to foreclose on me and from attaching any interest in this property his attempts violated my rights to deprive me of my property and to defeat Equitable Distribution. The support issues must be addressed and come before Dwyer’s action but what counsel tried to do was screw you. Courts, I am getting my money.
Foreclosure
Judge O’ Rourke continued to allow an appraisal for my children’s house and property when it was foreclosed on years ago when I continued to object to each and every time on any and all statements made. The defendant, as well as I are FOREVER BARRED.
Judge O’ Rourke is trying to collect half of what the house was worth at foreclosure knowing that the defendant and I were forever barred in an attempt to deduct that from the child support the defendant owes the plaintiff. One would question why there was a span of 20 years and over 30 Judges, in one divorce action.
Maria Gkanios, Mahopac
Citizens Need A Direct Vote On Critical Issues
Dear Editor:
The state produces nothing. It gets all of its money from the disorganized majority and gives it to the organized unions, non-profits, and large corporations. Other state-dependent, un-elected organizations are the public authorities, such as the MTA, the Empire State Development Corporation, and the Dormitory Authority, which sell billions of dollars of bonds without taxpayer approval even though the taxpayers have the responsibility to pay them back, with interest.
Every year when the state budget rip-off is being decided, the MTA’s highly-paid executives and their huge staffs distract the citizens by declaring transit, bus and train fares, and tolls, will face a dramatic increase, but when the budget process is completed, the MTA miraculously finds another billion dollars in its own budget. The distraction is successful, and the fare increases are minimal or postponed.
One difficult solution to the corruption and financial mess in Albany would be to allow citizens to collect the required number of signatures,
and then put critical issues on the ballot for voters to accept or reject (the initiative process), or to give voters the right to reject all
or parts of legislation passed by the politicians, by direct ballot after signatures have been collected (the referendum process).
Acceptable initiative and referendum legislation, introduced by Senator Ranzenhofer (S3525), is extremely difficult to pass because virtually every politician, union, non-profit, and corporation opposes it. Only taxpayer groups support the legislation. Politicians consider themselves upperclass royalty and despise the hardworking citizens since legislators get their power from special interest groups, not the voters. They are arrogant and corrupt as witnessed by indictments for DWI, sex with interns, assault, bribery and kickbacks, and misuse of funds.
Meanwhile, the teachers and health care unions and non-profits suck billions of dollars from these compliant politicians who jam
needles into the veins of taxpayers day after day to satisfy the needs of their blood-thirsty patrons.
Opponents of initiative and referendum legislation, and a state Constitutional amendment, claim it isn’t necessary in a democracy because citizens are represented by elected legislators. Unfortunately, there hasn’t been a democratic government in Albany in many decades. The
State Legislature goes to the highest bidder, and the public be damned. Types of legislation that could be passed by the initiative process
include: term limits; court reform; public authority bond debt must be approved by the voters; corporations receiving tax subsidies must
guarantee worker employment and no plant closings/relocations; property tax reform; “sunlight” on all state union contracts, contractor
biddings/awards, and non-profit contracts; all contracts and audited financial reports of non-profits must be online within three months
after agreements are signed; right to cut health benefits for families of state workers; and right to cut the salaries, perks, travel, pensions,
staff, and health care for legislators.
Tell your state senator and assembly member to support the initiative and referendum bill S3525, and not any other useless, smokescreen
bills.
Charles Roda, Mount Vernon
Reader Endorses Candidate For New Rochelle School Board
Dear Editor:
I was glad to learn that Vincent Malfetano has become a candidate for the New Rochelle School Board. With the present School Board proposing a budget that approaches a quarter of a billion dollars, it is urgent that we elect some new people to the Board who have a more reasonable stance on school budgets.
As a parent, homeowner, lawyer and instructor, Mr. Malfetano is well-qualified to serve on the Board. He understands the need to
properly educate all of our children. But he also understands this must be done in a cost-conscious manner that will stop the constant
increases in taxes of double and triple the rate of inflation that is causing many home owners to flee the city.
In addition, Mr. Malfetano would bring a much needed balance to the Board. He is a resident of the South end of the city and would
give the parents of children attending Trinity, Jefferson, Columbus and Isaac E. Young schools a stronger voice on the Board that has too
often been dominated by North end residents.
Ines Candrea, New Rochelle
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