Rye Lawsuit Claiming Rye Should have Final Say in How Playland is developed on Environmental grounds, Termed “Incredulous” by Key Legislators

WPCNR COUNTY CLARION-LEDGER. Special to WPCNR From the Westchester County Board of Legislators. August 25, 2016 UPDATED 3:35 P.M. EDT:

On Thursday, the Board of Legislators (BOL) Litigation Committee met with County Attorney Robert Meehan to discuss Westchester County’s response to the Article 78 court action brought against Westchester County by Rye City Mayor Joe Sack.

Among other things, the City of Rye’s complaint claims that the County should not be the lead agency in certifying compliance with the State Environmental Quality Review Act (SEQRA) and that Mayor Sack and the city of Rye weren’t aware that Westchester County was conducting the necessary SEQRA analysis for the redevelopment of Playland.

The majority of the Litigation Committee meeting was conducted in executive session because the discussion took place between Legislators and the County Attorney about litigation strategy, which means it is protected as communication between an attorney and his clients and exempt from the state’s Open Meetings Law.

Matt Richter, spoksperson for the Board of Legislators said the county would respond to the City of Rye lawsuit within two weeks with either a motion for the court to dismiss the lawsuit  and a point-by-point rebuttal to the Rye complaints.

Asked by WPCNR if Standard Amusements, the organization headed by Nick Price, which is on the point of taking over Playland operation next year, has given any indication they would withdraw as a result of the Rye suit and prospects of continuing litigation, Richter said “No, they recognize this is just another hurdle that is part of the process.”  Right now, he said the county was just in the “engineering stage,” and no construction or changes were started.

Asked how Playland attendance for the summer 2016 was doing, Richter said attendance was “down,” and he would get the figures.


Playland Parking–$10– Plus admission to the park.

WPCNR noted today that the parking admission charge has gone up to $10 (during the week), and Richter said he would look into when that  price went into effect.

Following the meeting, Legislators expressed confidence that the County fully complied with SEQRA and sharply disagreed with Mayor Sack’s claims.

Legislator Lyndon Williams (D) Mount Vernon is a practicing attorney and chair of the BOL’s Litigation Committee.

“The City of Rye’s contention that Westchester County should not be the lead agency for the SEQRA review associated with the work at Playland is not supported by arguments made in the City’s complaint nor by any precedent.”  Williams said, “Playland is a County Park on County-owned property which makes Westchester County the party responsible for the environmental review.  If the County were to cede that responsibility to the City of Rye it would establish an improper and likely deleterious precedent for all the other county park properties throughout Westchester. This precedent could greatly increase the timeline for all county renovations and repairs.”

Legislator Gordon Burrows (R) Yonkers, Bronxville is also a practicing attorney and a member of the Litigation Committee.

“The City of Rye’s claim that they were unaware of the County Planning Department’s ongoing SEQRA review and that the review did not take ‘a hard look at’ environmental impacts is, frankly, preposterous.”  Burrows said.  “Not only were the County’s activities well documented in local media, the Mayor’s office accommodated public hearings on the matter in the Rye City Council’s own chambers.  The notion that Mayor Sack could have remained ignorant to the County’s protracted review process strains credulity.  I am confident that the County will prevail in court.”

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White Plains Schools Lauren Berrios and Lisa Fillat Honored by Microsoft as “leaders in using technology to transform education”

White Plains Teachers Lisa Fillat (left) and Lauren Berrios– Honored by Microsoft


WPCNR SCHOOL DAYS. From Michele Schoenfeld, White Plains School District. August 24, 2016:

Lauren Berrios, districtwide visual spatial enrichment teacher, and Lisa Fillat, districtwide math enrichment teacher of the White Plains Public Schools, were named Microsoft Innovative Educator (MIE) Experts, joining the more than 4,800 educators in the MIE Expert program worldwide.

Each year, Microsoft selects innovative educators to share ideas, try new approaches and learn from each other as a global community dedicated to improving student outcomes through technology.

“The more I learn, the more I realize the difference this technology can make, not only within my classes, but my entire district, New York State, the country and even the world,” Lisa wrote in her application to Microsoft. Both teachers are also trainers through the district’s technology institute, educating staff members on the pedagogy and trends in educational technology.

As MIE Experts, educators build their capacity for using technology in both the classroom and curriculum to improve student learning, advise Microsoft and educational institutions on how to integrate technology in pedagogically sound ways and be an advocate at conferences, events and trainings for how Microsoft technology can improve learning.

“Microsoft Innovative Educator Experts are inspiring examples of educators applying new ways of teaching and learning in their classrooms that motivate students and empower them toachieve more,” said Anthony Salcito, Vice President, Worldwide Education, Microsoft. “We celebrate and support the work they do every day!”

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Here Come the Fall Arts!

White Plains Performing Arts Center announces its new productions for the 2016 – 2017 Fall/Winter season:


  • Blood Type: Ragu starring Frank Ingrasciotta – September 17
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  • Louis and Ella! A New Jazzical – September 24
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  • Heathers The Musical – October 14-23
  • Bat Boy: The Musical – November 11-13
  • Mooseltoe: A New Moosical – November 25
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  • Sister Act – A Divine Musical Comedy  – December 16 – January 8
  • The Maccabeats – January 21
  • Ballet for Young AudiencesCinderella – January 28
  • Chase Padgett – 6 Guitars – February 4
  • Linda Eder – February 11
  • Jeff Boyer’s Bubble Trouble – February 25
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  • Frank & Liza Together Again- May 20
  • All performances are at the White Plains theatre, located on the third level of City Center off Mamaroneck Avenue and Main Street in downtown White Plains.

The 2016 Fall Season performance schedule  Opens Saturday, September 17 with

Blood Type: Ragu

Saturday, September 17 • 8:00 PM

A hilarious and poignant exploration of the Sicilian immigrant experience based on the life of writer and performer Frank Ingrasciotta.

“It’s not drama… it’s just family! And we all have one.”


Blood Type: Ragu, the critically-acclaimed Off-Broadway hit, stars award-winning writer and performer Frank Ingrasciotta, giving a tour-de-force portrayal of over 20 characters who live, love and laugh, in this wonderfully funny and genuinely moving solo play exploring an immigrant child’s delicate dance between culture and identity.

This relatable show delighted audiences Off-Broadway at the Actors’ Playhouse in NYC, then touring Capital Repertory Theatre (Albany, NY), 14th Street Playhouse (Atlanta, GA), Dante Hall Theatre (Atlantic City, NJ), George St. Playhouse (New Brunswick, NJ), Seven Angels Theatre (Waterbury, CT), 2015 Winnipeg Theatre Festival, Shea’s Performing Arts Center produced by Broadway League Vice Chair Albert Nocciolino (Buffalo, NY), and numerous Performing Arts Centers throughout the USA.

It also played to sold-out houses at the Belmont Theatre (NYC), where it became the longest running show in the theatre’s ten-year history.  Blood Type: RAGU is the recipient of the Westchester Arts Council Arts Award for Outstanding Artist, and two time winner at the United Solo Festival Award for Best Comic Actor and Best Comedic Script (nominated alongside Bette Midler, Hugh Jackman & John Leguizamo).

For tickets and showtimes for all shows, go to www.wppac.com or call 914-328-1600

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 WPCNR HEALTH BRIEF. From the Westchester County Department of Health. AUGUST 19, 2016:

This season’s first batch of mosquitoes carrying West Nile Virus has been confirmed by the Westchester County Department of Health. The area surrounding the positive mosquito batch in Yonkers has been inspected by the health department and nearby catch basins with standing water have been treated to protect against further mosquito breeding in the area.

“The presence of West Nile Virus has been a reality in the Hudson Valley for quite some time now, so this positive test is not a surprise,” said Westchester County Executive Robert P. Astorino. “Nevertheless, it’s a reminder for residents to protect themselves and their families against West Nile Virus and other mosquito-borne illnesses. For the county’s part, we have implemented a proactive and comprehensive plan to combat mosquito-borne illness for more than a decade, including advice and resources for our residents.”

In 2016, the Westchester County Department of Health has submitted 243 pools of mosquitoes to the New York State Department of Health for testing with only one positive result.

The state health department has identified 195 positive mosquito pools throughout New York so far this year. Symptoms of West Nile encephalitis (a severe infection) usually occur from three to 14 days following the bite and include high fever, headache, confusion, muscle aches and weakness, seizures, or paralysis. Most people who are infected with West Nile Virus will not show any symptoms. Persons over 50 years of age are at the highest risk for a severe disease.

West Nile Virus is not to be confused with Zika. To date, no mosquitoes in New York State have tested positive for Zika and there have been no locally-acquired cases.

“We hope confirmation of mosquitoes with West Nile Virus reminds residents to take precautions,” said Westchester County Health Commissioner Sherlita Amler, MD. “The best ways to avoid West Nile, and other mosquito-borne illnesses, are to remove standing water from your property.”

According to Dr. Amler, favorite mosquito breeding sites include buckets, plant pot saucers, clogged gutters, pet bowls, old tires, as well as children’s pools and toys. Residents should also minimize spending time outdoors at dawn and dusk, and apply insect repellents according to the label directions when enjoying activities outside.

As in prior years, the county health department prepared for the 2016 mosquito season by evaluating and treating with larvicide, as needed, all catch basins on county and municipal roads throughout Westchester. In addition to larviciding, the county also gave away free fathead minnows and mosquito dunks to residents this spring. The minnows help to curtail the mosquito population in ponds and water features by feeding on mosquito larvae and pupae before they develop into adult mosquitoes. The mosquito dunks serve the same purpose in birdbaths, rain barrels and unused pools. Free mosquito dunks are still available, and residents can make arrangements to pick them up by calling (914) 813-5000.

In 2015, 17 positive mosquito batches were found in Westchester County with the first positive batch collected around this time. The county has been safely applying larvicide since 2001 to suppress the mosquito population.

Residents who notice large areas of standing water on public property that could serve as potential mosquito breeding grounds should report it to the Westchester County Department of Health by calling (914) 813-5000 or emailing hweb@westchestergov.com. For more information about preventing West Nile Virus, visit health.westchestergov.com/west-nile-virus.

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WP BOARD OF EDUCATION to Vote August 29 to Continue Interim Superintendent Timothy Connors on Interim Basis When School Starts in September.

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The Board of Education Monday evening, with Timothy Connors, Interim Superintendent of Schools, (far left), President Rosemarie Eller center and Charles Norris, right. The Board will vote August 29 to retain Mr. Connors as Interim Superintendent while awaiting the return of Superintendent Dr. Paul Fried

WPCNR SCHOOL DAYS. By John F. Bailey. August 18, 2016:

At the White Plains Board of Education meeting Monday evening, Interim Superintendent of Schools Timothy P. Connors, announced that Dr. Paul Fried, the Superintendent of Schools is unable to return on a daily basis, and that he Connors would continue to be acting Superintendent while Dr. Fried is unable to continue when schools start in September.

Mr. Connors was brought back on per diem as needed basis as Interim Superintendent in June when Dr. Fried could not continue his duties. There has been no announcement of the specific reason or circumstances that have affected Dr. Fried.

Thursday, Michele Schoenfeld, Clerk to the Board of Education, told WPCNR the Board will vote August 29 to hire Mr. Connors for an unspecified period until Dr. Fried is able to resume his duties.

Connors has been Interim Superintendent for approximately 2-1/2 months, on per day diem, handling the District business in Fried’s absence. He appears and comes in when the Board meets or district matters need his input and supervision.

Connors told WPCNR, after the announcement, said “I’ll tell you as soon as I get something (on the Fried situation).”

Connors was White Plains Superintendent of Schools from 2002 to 2009, returned as Interim Superintendent for two years, after Dr. Christopher Clouet left. During Connors’ previous Interim Superintendent term, he negotiated the current teacher contract.

After Dr. Christopher Clouet, former Superintendent prior to Dr. Fried taking the position left the district to take the Tarrytowns position, Connors was brought back as Interim Superintendent when no candidates were found for the job. Fried began last year. Now due to the unfornate circumstances affecting Dr. Fried, Connors is back again after one year as Interim Superintendent.




Today, Michele


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Camp Read at Brant Lake, Closes Due to Stomach Virus Outbreak.

WPCNR HEALTH BRIEF. From the Westchester-Putnam Boy Scout Council. August 18, 2016:

(Editor’s Note:During Week 4 in late July of the Curtis S. Read Scouting Reservation camping season at Brant Lake New York, an outbreak of stomach virus affected a number of campers and staff. The Westchester-Putnam Council of the Boy Scouts of America Scout issued the following statement describing the outbreak and how Camp Read dealt with the situation and how  Camp Read fall activities are affected:
“The local Health Department was contacted and their inspection determined that a contagious virus had been brought into camp by one or more Week 4 campers.
Specific protocols issued by Health Department representatives requiring quarantining those who were sick and disinfecting the camp were followed by camp staff and monitored by the health officers. During the break between Weeks 4 and 5 further disinfecting of the camp sites and other areas of camp took place.
Week 5 began as usual. Unfortunately, as the week progressed, several new cases of the virus occurred. By mid-week many more campers and staff were catching it.
The continued outbreak to more campers, leaders and staff led to the decision by the camp leadership, in consultation with the health department, to close the camp on Friday, August 5th, ending the summer season a week and a day early.
This decision was made to ensure that no other campers, leaders or staff would become sick at camp.
Troops that were scheduled to attend camp Week 6 were given the opportunity to attend other Boy Scout camps in the area. Additionally, Cub Scout Week had to be cancelled, but there will be a special Cub Family Weekend tentatively scheduled for September for those who wish to attend.
While this was a very unfortunate situation, the Camp Read Staff performed admirably under less than ideal conditions and we appreciate all of their efforts. In addition, we are deeply grateful to the volunteer leaders who were at camp with their troops during this situation. All were extremely patient, understanding and helpful.
While the 2016 camp season did not end the way we would have wanted, we are looking forward to an excellent 2017. Information about next summer’s offerings at Camp Read will be coming out starting in September.
If you have any questions or concerns about the situation at Camp Read please contact Scout Executive Pat Coviello at the Westchester Putnam Council Boy Scouts of America in Hawthorne at 914-773-1135.”
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City, FASNY Appeal, Contends Lefkowitz Calling for a Council FASNY Vote is City’s Rights Issue. Says No Court has a Right to Overrule City Charter OR Award an Owner’s Land. Contends SEQRA Findings Statement is no guarantee of approval according to previous Appellate Court Decisions and Court of Appeals

WPCNR WHITE PLAINS LAW JOURNAL By John F. Bailey. August 18, 2016:

Reading of the White Plains FASNY Appeal, filed July 11, of Supreme Court Judge Joan Lefkowitz’s decision to order the White Plains Common Council to vote on the French American School of New York site plan and Special Permit Application to build a 7-building campus on the former Ridgeway Country Club, contends the Judge’s decision oversteps what courts are allowed to do, by overruling a city’s due process.

The appeal asks for the Lefkowitz ruling to be dismissed.

The copy of the appeal was provided to WPCNR by the Mayor’s Office from John Callahan, Corporation Counsel. The appeal submitted on behalf of the city by Wilson, Elser, Moskowitz, Edelman & Dicker itself summarizes its argument on page 2:

“2. The appeal itself presents two serious and disruptive issues of law: First, can the Supreme Court compel a city to discontinue, de-map and sell a public street to facilitate a private development? Second, can the Supreme Court compel a city to grant a special permit and approve a site plan for property that the applicant does not own or control, in this case, the public street the City declined to discontinue, de-map and sell? The answer to both questions is no, based upon well-established precident, including recent precedent from this (Appellate) Court.

3. Put simply, if Donald Trump sued the City to compel it to sell him a portion of Main Street to allow him to build a luxury condominium building, no one would even seriously consider the argument. FASNY is no different. The Supreme Court cannot compel the City to sell it a street. As a result, FASNY cannot be entitled to the relief it seeks and the Supreme Court erred in denying the Appellants’ (City of White Plains and Common Council) motion to dismiss the petition/complaint.”

The appeal sites two cases in which the Appellate Court reversed two such decisions where the Supreme Court ruled in favor of a private entity suing because a government entity refused to close a street. The Appellate Court overruled a Yonkers litigant in 1988, in Borducci v. City of Yonkers which sought to challenge a street closing by the City of Yonkers. To wit, according to the appeal, page 17,

“The (Appellate) Court reversed the Supreme Court’s order to remove that portion of Dewey Avenue from the city’s(Yonkers) official map and explicity ‘agree(d) with the defendant’s (Yonkers) contention that the City Council’s decision not to close the portion of Dewey Avenue in question was legislative in character, and not to judicial scrutiny.”

The Appeal also notes that in 1964, in Matter of Porter Flushing Realty Co.,Inc. v. New York City Planning Commission, on page 17 of the appeal,

“…the Appellate Division, First Department, stated ‘When the Board of Estimate, as an official body duly designated to authorize a change in the map, adopts a resolution changing the city map, the action of the Board of Estimate in adopting the resolution changing the city map is legislative in character and not subject to review by a proceeding under Article 78…(citing in addition two other NYC cases) ‘Thus the Board of Estimate’s denial(italics, editor), of plaintiffs’ application to de-map and close streets on the site is not subject to judicial review. Such action is legislative in character, not for judicial determination.”

“The situation here (in the FASNY Hathaway Lane closure) presents the same non-justiciable issue. Exercising its authority under General City Law p. 20(7)  AND 29 and City Charter 152…the Council denied FASNY’s petition to discontinue and de-map a portion of Hathaway Lane. That denial was a legislative act. Under the above-cited authorities, that legislative act is not reviewable by the court.

In the matter of the Special Permit and Site Plan, that the Judge Lefkowitz decision ordered the city Common Council to vote on, the White Plains appeal continues on page 18:

“Once the Common Council denied the Street Discontinuance Petition, FASNY’s 2014 Special Permit and Site Plan Application became moot, as the application was no longer complete. It was also beyond the jurisdiction of the Council to grant. The Council, therefore, correctly held the application in abeyance.

A local board has no jurisdiction to grant a special permit or site plan application for land the applicant (FASNY) does not own or control, unless it has consent of the property’s owner, and where it denies such an application, the applicant’s proceeding pursuant to CPLR Article 78 must be dismissed.”

The city notice of appeal cites the follow Appellate Court decisions in support of this argument:

Matter of Tripi v. Town of Bedford Planning Board 2003 and Matter of Hoerner v. Tormey, 1965

In another striking statement, the city appeal notes on page 19:

“Indeed, an applicant for a special use permit which has ‘no legally cognizable interest’ in the relevant property is not entitled to a permit,” and that the White Plains Zoning Ordinance states “the site plan applications must include the ‘names and address of applicant and authorization of owner if different from the applicant.’

The Matter of Tripi case in Bedford in 2003, denied a Special Permit for exactly this reason the appeal papers point out. Let’s go to the White Plains appeal which quotes the very Second Department Appellate Court decision:

“The petitioner (Tripi) commenced this proceeding to compel the respondent Town of Bedford Planning Board to grant his application for a preliminary subdivision approval for property of which he was part owner, pursuant to the default provisions of Town Law. However the owner of the remaining portion of the property neither signed nor jointed in the application. Accordingly, the petitioner’s application was not complete and the time within which the Board was required to act had not yet begun to run. The Supreme Court properly denied the petition and dismissed the proceeding.”

The appeal filed by the City of White Plains continues in its argument:

“Although FASNY is not here claiming a right to approval by default, the principle is the same. An application is incomplete, and the local regulatory body cannot be compelled to act on it, when the owner of a portion of the property for which the approval is sought has not consented to the application (City of White Plains).

SEQRA not a sanctuary, appeal notes

The City of White Plains appeal addresses the FASNY contention that the council “approved” the Hathaway Lane closure when it deemed the site plan was complete in approving a positive SEQRA finding, 6 to 1.

The FASNY contention that the Council refused to close the Hathaway Lane street or vote its site plan and Special permit was “arbitrary and capricious” because of the council approval is addressed thusly by the city appeal:

“the SEQRA findings expressly contemplate that, if the Hathaway Lane Discontinuance Petition was denied, pursuant to SEQRA rules and regulations, the traffic circulation, parking and site access plans would have to be regulated, and the revised site plan application could require additional environmental review.(italics added by Editor)”

The brief mentions two cases supporting this, and quotes Judge Joan Lefkowitz’s early decision of June 16, 2014—Judge Lefkowitz wrote in that decision, according to the City Appeal, page 23:

A (SEQRA) findings statement at the conclusion of such process inflicts no concrete injury, and a challenge thereto is not ripe for adjudication unless and until there is an actual determination of the subject applications.

The appeal also covers this eventuality, citing Matter of WEOK Broadcasting v. Flacke, another 2nd Department Appellate Court decision in 1981: “Except where the proposed action is a zoning amendment, SEQRA review may not serve as a vehicle for adjudicating ‘legal issues concerning compliance with local government zoning.”

On the issue that the city lead FASNY to believe the Hathaway Closure was certain by virtue of the SEQRA Findings Statement of the Common Council, the City appeal beings in the state’s highest Court , the Court of Appeals…quoting Jackson vs. New York State Urban Development Corp:

“The legislature in SEQRA has left the agencies with considerable latitude in evaluating environmental effects and choosing among alternatives. Nothing in the (SEQRA) law requires an agency to reach a particular result on any issue, or permits the courts to second-guess the agencies choice.



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Number of Women In Jail in USA Fastest Growing Population, Think Tank Reveals

WPCNR POLICE GAZETTE. From the Vera Institute of Justice. August 17, 2016:

The number of women in jail—most of them mothers—is growing faster than any other correctional population, but has largely been overlooked, even as recognition of the role of jails as a driver of mass incarceration has grown, a new report released today by the Vera Institute of Justice and the John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge reveals.

The number of women in jail in the U.S. has grown 14-fold since 1970 and continues to rise, even as the number of men in jail has begun to decline. Women are now held in jails in nearly every county—a stark contrast to 1970, when 73 percent of counties held not a single woman in jail. This growth has been driven largely by small counties, where the number of women in jail has grown 31-fold, and where nearly half of women in jail are held today.

Despite this profound shift, little research to date has examined the growth of jail incarceration of women. Amid increasing attention to the overuse of local jails and how to curb it, this report takes stock of what we do know about women in jail in order to begin to reframe the conversation to include them.

“Just as the damaging overuse of local jails has been missing from the national conversation about mass incarceration until quite recently, the exponential growth of women in jail has gone unnoticed for too long,” said Nicholas Turner, president of the Vera Institute of Justice. “This report is an important step in exposing this problem—which profoundly and directly affects families as well as the women behind bars. We hope it catalyzes the action needed to reverse course.”

In addition to describing the precipitous growth of the number of women in jail, the report sheds light on their unique challenges and disadvantages:

  • Among women in local jails, 32 percent have a serious mental illness—a rate more than double that of jailed men and six times that of women in the general public.
  • Women in jail experience trauma at extraordinarily high rates both before and during their incarceration: 86 percent report having experienced sexual violence in their lifetimes, and women make up the majority of victims of staff-on-inmate sexual victimization.
  • Women are more economically disadvantaged in general, and are less likely to be able to afford the bail, fines, and fees that often trap them in jail or lead them back to jail following their release. The majority of women in jail are people of color, and nearly half of all single black and Hispanic women have zero or negative net wealth.
  • Though women still make up a small fraction of the overall jail population, their incarceration has a far-reaching impact on families and communities. Nearly 8 in 10 women in jail are mothers, and unlike men, the majority are single parents.

“As this report shows, the women cycling through America’s jails are disproportionately suffering from problems that jail time can make worse rather than fix—including trauma, mental illness, and poverty,” said Julia Stasch, president of the John D. and Catherine T. MacArthur Foundation. “We hope this report raises awareness about how the overuse of incarceration affects women, and that it leads to more effective alternatives that build better futures for women and their families, and ultimately, help restore public trust in the justice system.”

The report also details how virtually all new responses to address growing jail populations—such as assessment tools, pretrial supervision, and probation programs—are based on research about men in jail. These programs and practices can have unintended negative consequences for women, including overestimating the public safety risk women pose, which has been shown to be less than that of men. However, several jurisdictions nationwide are leading efforts to develop gender-responsive policies to reduce the over-incarceration of women in jails.

This report is one of a series that Vera is releasing with the Safety and Justice Challenge—the John D. and Catherine T. MacArthur Foundation’s initiative to reduce over-incarceration by changing the way America thinks about and uses jails. The initiative is supporting a network of competitively selected local jurisdictions committed to safely reducing jail incarceration and making their justice systems fairer and more effective. Learn more at www.safetyandjusticechallenge.org.

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Observer: City Appeal of Judge’s Order for a Common Council Vote on French American School of New York Faces “Overwhelmed” Appellate Court. May not be Argued Until 2017


(The following letter from an attorney currently involved in appealing a case to the New York Appellate Court Second Department indicates it may be more than a year before the Appellate Court takes up the White Plains appeal of the Judge Lefkowtiz order the Common Council vote on the site plan and Special Permit for the French American School–unless the case is expedited. He shares his observations of the current situation of the Appellate Court calendar:)


The filing of the appeal is different from “perfecting the appeal”.
Filing means one filed a form saying I appeal with a copy of the order appealed from and site reasons why (The R.A.D.I., Request for Appellate Division Intervention).
Perfecting  must be done within 6 months of the date of the notice of appeal (NOT the filing date, but the date on the actual typed up doc). That is when the appellant’s brief gets filed. Then FASNY has 30 days to file their opposition brief and the City then gets 10 days to file the reply brief.
Then the court takes about a year to bring it up for oral argument. Second Dept. delays, delays, delays……
The appeals process is a lengthy one and the (Appellate) Court is overwhelmed.
I just perfected an appeal in June. I was told to look for it to be on the argument calendar next year.
Dan Seidel
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