Corcoran Vigil Continues. 2003 Decision Indicates Petitions Should Be Acceptable

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WPCNR CAMPAIGN 2007. By John F. Bailey. August 1, 2007: The Board of Elections for Westchester County has still as of Wednesday evening not made a decision on whether to declare Democratic Primary Challenger candidate Candyce Corcoran’s petitions invalid.


However, there is a legal precedent that surfaced today for declaring petitions containing the exact error Ms. Corcoran has made valid despite the error,  (even though the Board of Elections allegedly supplied her with misinformation). Corcoran delivered copies of the 2003 decision to Board of Elections Commissioners Reginald LaFayette and Carolee Sunderland’s office today. LaFayette refused to accept the court papers, but said, according to Corcoran he was aware of the precedent. Sunderland’s office accepted them.



Corcoran told WPCNR it appeared she would be forced to go to court for a cost estimated at $3,000 to enforce the precedent. Corocoran’s petitions were challenged by White Plains City Democratic Committee leaders Elizabeth Schollenberger and Tim James for not including city and county in the Witness Identification Information section.


The case happened in 2003 when Patricia Harrington was running in a Primary for the Independence Party for the office of Town Receiver of Taxes in North Hempstead. According to court papers, Ms. Harrington’s petitions did not include her town and county in the Witness Identification Information Section, and the Nassau County Board of Elections attempted to deny her a position on the ballot.


The Supreme Court of New York, Second Department ruled:


 “We conclude that the failure of the subscribing witness to include the town or city, and the county, in the “Witness Identification Information” section of the petition is insufficient, in and of itself, to warrant invalidation of the petition, particularly where, as here, the complete address of the subscribing witness appears elsewhere on the same page of the petition.”

Corcoran and her advisors told WPCNR she thought it was wrong for the Board of Elections to force any candidate to go to court to enforce a precedent they should already be aware existed.

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Senator Clinton introduces Bill to Speed TCE-Contamination Cleanup Standards.

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WPCNR THE DUMP NEWS. From Senator Hillary Clinton’s Press Office. August 1, 2007: Senator Hillary Rodham Clinton today introduced a bill which would provide funding to speed up  EPA assessment and setting of standards  on TCE-contaminated sites in New York State and the nation. The Senator in a news conference today characterizes TCE (Trichloralethylene) as a dangerous pollutant, saying “numerous scientific studies make it clear that TCE has the potential to cause cancer, damage the nervous and immune systems, and cause developmental effects in children.”


The City of White Plains currently is in the final phases of determining with the New York State Department of Environmental Conservation, if it will be required to remediate the TCE-tainted soils that have made the dump a source of unpleasant odors in the summer months for thirty years. Both the city and the DEC have been aware of the contamation for three decades. However, the White Plains site is not on the roster of TCE-contaminated sites in New York.


Here is the official news release announcing the Senator’s program:


Senator Hillary Rodham Clinton (D-NY) today announced that she has introduced the “TCE Reduction Act” to require the U.S. Environmental Protection Agency (EPA) to set tougher regulations to protect the public from exposure to the carcinogenic chemical Trichloroethylene (TCE).


 


Today’s announcement follows earlier efforts by Senator Clinton to urge the EPA to address the growing TCE contamination crisis in New York. http://clinton.senate.gov/documents/news/05_31_07_epa.html.  The legislation is cosponsored by Senators Dole (R-NC), Boxer (D-CA), Lautenberg (D-NJ) and Kerry (D-MA).  Representatives Solis and Hinchey plan to introduce companion legislation in the United States House of Representatives.


 


TCE is one of the most widespread industrial water contaminants in the nation, and is found at many sites across New York.  Of the 86 federal Superfund sites in New York alone, more than 30 have been found by the EPA to have TCE contamination.  Endicott, Franklin Square, Garden City, Hopewell Junction, Ithaca, Norwich and Victor are a few of the communities throughout New York that are known to be contaminated with TCE.  Senator Clinton’s bill follows lengthy delays by EPA in setting a new standard in the face of growing scientific evidence and contamination that is more widespread.


 


“It is unacceptable that the EPA has failed to protect the public from TCE in the face of stronger scientific evidence that it causes cancer, and growing exposure problems in New York and across the country.  Numerous scientific studies make it clear that TCE has the potential to cause cancer, damage the nervous and immune systems, and cause developmental effects in children. Unfortunately, the EPA has ignored the science rather than taking action.  As a result of EPA delays, communities across New York continue to be exposed to potentially toxic levels of TCE,” Senator Clinton said. “The ‘TCE Reduction Act’ will force the EPA to protect children and other vulnerable populations from TCE in the water they drink and the air they breathe.” Senator Clinton said.


 


“The government has failed the people of New York who face the threat of TCE contamination,” Congressman Hinchey said. “This bill will help complement the legislation we recently passed in the House that directs additional funds to the EPA for the agency to expedite work on developing a revised and final TCE risk assessment as was recommended by the National Research Council. This will be one more weapon in our arsenal to get the federal government to focus its attention and make progress on preventing human health threats posed by the pervasive TCE contamination in parts of New York and throughout the nation.  I look forward to working with Vice Chairwoman Solis to draft the House version of Senator Clinton’s bill.”


 


A draft EPA Risk Assessment in 2001 found TCE to be as much as 40 times more carcinogenic than previously thought, but rather than using EPA science to set a more protective standard for TCE in drinking water, the Bush administration called for more study.  The National Research Council (NRC) was directed to conduct an in depth study the health studies involving TCE.  Far from repudiating EPA’s 2001 findings, the final NRC report, issued in 2006, found that “the evidence on carcinogenic risk and other health hazards from exposure to trichloroethylene has strengthened since 2001.” The report went on to say, “The committee recommends that federal agencies finalize their risk assessment with currently available data so that risk management decisions can be made expeditiously.”


 


Senator Clinton has previously pressed the EPA to set a standard based on the latest science, but the EPA has failed to act or set a timeline.  According to the EPA’s website, EPA does not plan to release a revised standard until the end of 2010.


 


The “TCE Reduction Act” would force EPA’s hand, requiring EPA to:


 



  • Issue a revised health advisory for TCE within 6 months of enactment.



  • Issue revised draft health standards for TCE in drinking water within 12 months of enactment, and final drinking water standards within 18 months.



  • Issue a health advisory standard for TCE vapor intrusion within 12 months of enactment.



  • Establish an Integrated Risk Information System (IRIS) reference concentration (RfC) of TCE vapor within 18 months of enactment.



  • Ensure that all standards set under the bill fully protect susceptible populations (including pregnant women, infants, and children) from the adverse health affects of TCE.


To download a list of many of the confirmed TCE sites in New York, go to – http://clinton.senate.gov/documents/news/NPL.pdf


 

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Board of Elections Commishes Mull Corcoran Fate

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WPCNR CAMPAIGN 2007. By John F. Bailey. August 1, 2007, UPDATED 10 AM EDT: Candyce Corcoran told the CitizeNetReporter last night that Board of Elections Commissioners Carolee Sunderland and Reginald LaFayette will rule on the validity or invalidity of the Democratic Primary Challenger’s petitions “within a couple of days.”



Sample Petition Taken from Westchester County Board of Elections website, shows circled area that Corcoran’s petitions did not fill out based on information told the candidate by a Board of Elections employee, Corcoran says.




The candidate learned through Registered letters from the Democratic Party Leadership in White Plains that her petitions lacked the information of city and county filled in on the “Witness Identification Information” line. Corcoran is particularly annoyed because she had asked a Board of Elections official, if she should fill in that line, and had been told “No, that is for the Notary.”


According to Corcoran this morning, the Board of Elections official told her about June 12, when she asked if she had to fill in the Witness Identification Information, he told her “anything below your signature (in the Statement of Witness Section), you do not have to fill out.”


She explained to WPCNR that she did not need a Notary to validae her petition because she was a registered Democrat.


Corcoran said Steve Levy, a Board of Elections Deputy Commissioner told her Sunderland and Lafayette would rule shortly on whether the alleged Board of Elections minsinformation would cost her her candidacy.


Asked if she would explore legal remedies, Corcoran said attorneys had advised her that filing for the necessary show cause orders and affidavitts required and paying the court fees would cost several thousand dollars. Corcoran said at this time she was not going to do that.



Corcoran finds the challenge absurd since she gathered all the signatures herself, and listed her home as White Plains in the “Statement of Witness” Section.


Another candidate, choosing not to be identified was going to the Board of Elections to get a ruling on their petitions to avoid a possible similar situation.


Corcoran, in addition, bitterly said she had pointed out unreadable signatures, and signatures without dates on other candidates’ petitions as being irregularities, but had chosen not to file objections because she felt the Democratic Voters should not be deprived of the opportunity to choose candidates.


Sixty-seven pages of signatures approaching 1,300 names, personally gathered by Corcoran stand to be thrown out on the “technicality,” should the Commissioners choose to do so, which would deny Corcoran a place on the September 18 Democratic Primary ballot.


                                                                            

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Corcoran Advised by Elections Official Petitions to Run in Primary Are Invalid

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WPCNR CAMPAIGN 2007. By John F. Bailey. July 31, 2007: Candyce Corcoran was informed this morning by a Westchester County Board of Elections official that virtually all of her 67 pages of signatures she had gathered to earn a place on the September 18 Democratic Primary, were in danger of being declared invalid, that they were all challenged.


Corcoran is challenging nominated incumbents Councilpersons Benjamin Boykin and Dennis Power and third nominee, Milagros Lequona in the Primary.


An incredulous Corcoran, explained to WPCNR, the area under the line, “Witness Identification Information” was not filled in with the location “White Plains,” and this was the reason she was told her petitions were invalid. Corcoran said she had asked the Board of Elections specifically about this area of the petition and had been told it was not her responsibility to complete that area, that it was “for the notary.”


Corcoran, should her petitions be denied, still will be on the ballot in November as the Conservative Candidate for Common Council.


Ms. Corcoran released this statement,


“The Democrats of White Plains and the people of White Plains deserve to have a choice and not have me thrown out on a technicality. My family has lived here for five generations. They know I am from White Plains.I worked extremely hard. I got all those signatures myself. I was alway there. I met every single one of those people. I can’t let those people down who believed enough in me to sign my petitions.


If this is how the Democratic Party wants to play the game. This shows how unscrupulous they really are. It is about time the people of White Plains to speak up and tell who they would like as their representative, and not the choice of the few district leaders. I got two certified objections from Liz Schollenberger and Tim James, (Leaders of the White Plains Democratic City Committee) the specifications of objection: “city missing. total number valid zero.”

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The Homeless Solution: The City Dump with FEMA Trailers

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WPCNR THE SUNDAY BAILEY. News & Comment By John F. Bailey. July 29, 2007: I was hanging around the television studio after Friday’s White Plains Week, when in jest it was suggested that, with the 85 Court Street Drop In Shelter closing August 6, why not house them at the City Dump?


Then another studio observer of the show, said why not get some spare FEMA Trailers to give each homeless person their own space, so to speak.



Typical FEMA Trailer.  Could house two to three White Plains Drop In Homeless after August 5. Ten would house the remnant homeless who will be given the County boot August 5 out of the 85 Court Street Drop In Shelter. What better place to house these unfortunates than the spiffed up dormant City Dump (below), under watchful eye of the White Plains Police?   Photo, RV Exchange.





It is not so far-fetched. After all, the Department of Environmental Conservation has forced the city to remove all the excess compost pile. The dump is not being used for dumping – all that may be left are the TCE’s that have been there for years – and, as far as anyone knows – those TCE’s haven’t killed anyone that we know of.



In the 30s, the hobos, the down-on-their-lucks, the drifters camped out near city dumps and railroad yards in shanty towns called Hoovervilles.


However, given the new sensibilities of 2007, rather than simply turn the thirty or so homeless who have not yet accepted the county’s generous offer of enroll in the Department of Social Services homeless program, turn over your disability checks and attend programs or else that takes effect August 6, the solution lies right under our noses – or specifically between Gedney Way and Ridgeway.


You’ve got acres of land fenced in – the City Dump. You can call up FEMA and grab some trailers – it should only take a month to get them here, or have some car dealership send some RVs.


The fact that the dump is fenced gives you built in security. You could have the Department of Public Works even hire the homeless to spruce up the dump – and make it attractive for a future subdivision.


I did not attend the Thursday evening Common Council Work Session where heated words were exchanged over the county’s failure to find an alternative site to house the homeless, and the Rita Malmud failure to persuade the county to find some place else.


But wait. As the peerless leader, Mayor Joseph Delfino often says, “There’s nothing we can’t accomplish if we work together.”


The Mayor has had numerous opportunities to take the high ground on the 85 Court Street Drop In Shelter closing. Now he can step in and take the useless dump – useless until a decision by the DEC comes down – and house the homeless in a more secure and friendly place using trailers.


The Mayor can even show the County how to run a shelter for the homeless: arrange jobs, activities during the day, issue identification cards, feed them breakfast, lunch, dinner with the assistance perhaps of some of the local churches – where’s Meals on Wheels when you need them?


 



Interior of typical FEMA Trailer. A little retrofitting, and it could house three cots. Hook up a flat screen TV, wire it for FIOS, and the homeless not only would have something to do at night other than roaming the streets, but the county could move the trailers to other town sites around the county — as Mayor Delfino suggests — cities sharing the burden. Photo, RV Exchange.


The new Drop In Shelter location could be the city dump – in trailers, which would at least contain showers, decent beds and a room of your own for the homeless individuals whose daily humiliation continues every day of their lives. You could expand the hours…add Verizon FIOS – some television sets in the trailors to let the homeless have something to do evenings instead of roam the White Plains streets.


Housing: FEMA Trailers. Or anybody’s Trailers, It’s a no-brainer


After all, one thing White Plains needs is a good trailer park, don’t you think?


Not only that, but the dump could be transformed into a revenue producer – after the homeless solution permanently has been found. It could be developed into a camping ground or – better yet – instant affordable housing. Anyone willing to settle in the dump could be granted a homestead – sort of like a replay of the Oklahoma Land Rush – and the city could provide trailers.


And another thing — the county could use this idea to solve the problem of the homeless all night invasion August 6. They could take some of the hundreds of acres the County Executive has purchased and put in trailers there to house the homeless — a lot cheaper than the county building in huge building complexes of brick and mortar — but alas, not enough patronage and government jobs doing that is there? They could even call the new trailer park for the homeless “Spanoville.”


However, Council President Malmud should seriously suggest this. Then she would be showing she has that ability to be a creative Mayor and problem-solver — a fitting successor to “America’s Favorite Mayor.” The temporary Malmud solution — trailers for the homeless in the City Dump could be called “RitaCity” or “Malmudville.” And, by this, I mean no disrespect.


But we need to get this done now.


The humiliation of the homeless will begin anew August 6 when the county and the city simply will allow them to roam wherever they choose to roam in White Plains.


Trailer shelters at the dump might be the solution. If they are good enough for New Orleans, they should work here for the 30 everyone has forgotten — except this reporter.


Enough kicking the homeless around like soccer balls between our do-nothing, finger-pointing, baiting political hacks.


Do something positive. Instead of Pompous Piloting.


What would Jesus do?


 


 

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Malmud 4 Propose Hiking Affordables Set Aside to 10%

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WPCNR Common Council Chronicle-Examiner. By John F. Bailey. July 28, 2007: Council President Rita Malmud, and Councilmen Benjamin Boykin, Dennis Power and Thomas Roach proposed new legislation to the Mayor Thursday evening that would increase the city “set aside for affordable housing” ration from 6% of built units to 10% for all new buildings containing 25 housing units or more in present multi-family residential zones and any “newly created Districts permiting multi-family housing.



The legislation which the Mayor agreed to put on the August calendar Thursday evening, even though the proposal by the four councilpersons was a complete surprise to the Mayor, according to Jim Benerofe, reporting on White Plains Week Friday night. The proposal was also not shared by Malmud and Messers Boykin, Power and Roach with the two remaining councilpersons, Glen Hockley and Arnold Bernstein, according to Mr. Hockley, Benerofe reported last night. A vote on the proposal is expected in September.


The proposal also ups the buyout option substantially. Developers have in the past been allowed to pay a fee  to the Affordable Housing Assistance Fund in lieu of setting aside affordable units. Now those fees would be sharply increased virtually doubling the present buyout option as follows:


A studio, $75,000 per unit. (now $30,000)


A One Bedroom, $150,000 per unit (presently $67,000)


A Two Bedroom, $200,000 per unit (now $115,000)


A Three Bedroom, $240,000 per unit ($155,000 currently)


The legislation, in addition increases the period that the affordable units provided by a developer would remain affordable, from 20 years to 30 years, and the term of renewal option from 20 years to 30 years.


The Mayor, Benerofe reported Friday evening on White Plains Week, pointed out there are no new proposals before the city that propose multi-family housing. However, WPCNR notes that the Lexington Avenue corridor, next in line for the city’s “Revitalization Touch,” long targeted as an area for possible  gentrification might just be covered by this legislation.


Should a developer propose a 300 unit project, fee in lieu of fees could conceivably approach $5,000,000 or greater under the increased fees per unit. For example at 10%, 30 units of 7 studios, 8 one bedrooms, 8 two bedrooms and 7 –3 bedrooms would cost a developer, $5 Million in a fee buyout.


 


 

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19 Drop In Homeless Enroll in County Services as Drop In Shutdown Looms

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WPCNR THE HOMELESS NEWS. By John F. Bailey. July 26, 2007: With the deadline for the closing of the 85 Court Street “Drop-In” Shelter 11 days away, Westchester County is making progress in convincing the men who have been staying at the shelter to enter the Department of Social Services homeless care program in which the single homeless are provided a bed in a country-run homeless shelter provided they cooperate and enter into county therapeutic and employment programs.



Last Buses Leave August 5. The Homeless Wait in January 2006 to board buses to 85 Court Street. The 85 Court Drop In closes after August 5. The county has been workiing diligently to convince the nightly visitors to accept County Social Services.


Donna Green, spokesperson for the county told WPCNR Thursday, that to date 19 homeless persons staying at the 85 Court Street have opted to participate in the county DSS homeless program.


Asked if there were any plans for the County to open a new location for the “hard-core” homeless after August 6 on the drawing boards, Green said “Absolutely not. We are making sure (by counseling them to join the DSS program) this (closing) does not come as a surprise to them.  Approximately 50 men stay on average in the 85 Court Street shelter which has been the “county drop-in shelter” since January, 2006. This figure may be less in the summer months due to the warmer weather, WPCNR notes.


As of August 6, the county will no longer operate the 85 Court Street shelter and homeless men in White Plains will be left to fend for themselves.

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Via Quadronno — East Side’s Trendiest Cafe — To Be 189 Main Street Cafe.

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WPCNR MAIN STREET JOURNAL. From Cappelli Enterprises. July 26, 2007: As first reported by WPCNR weeks ago, Louis Cappelli, will be attempting to bring  Via Quadronno, the world famous cafe to White Plains and the bistro will be housed in the new 189 Main Street building Mr. Cappelli will propose this evening to the Common Council. Previously Via Quadronno was envisioned to be going into the first floor of the Bar Building, now it will appear to have a building all its own — the new 189 Main Street.


 


In a news release today,Cappelli Enterprises unveiled the plans for a visually striking new three-story structure at 189 Main Street in the heart of the downtown White Plains that will be home to the world famous Via Quadronno cafe unlike any other cafe in Westchester and the region. A spokesman for Cappelli Enterprises said that the first floor of the Bar Building, originally conceived as the Via Quadronno location would now be devoted to retail. BLT Steak will occupy the first floor of the Ritz on Main Street.


 



 


The design of the proposed building — comprised of diamond-shaped glass panels — will complement the two 44-story glass towers Cappelli is building on the opposite side of Court Street —The Residences at the Ritz-Carlton, Westchester and The Ritz-Carlton, Westchester.





The new structure, if accepted by the Common Council will replace a dilapidated, fire-ravaged three-story building that has been demolished.  Cappelli is requesting the city’s Common Council to make certain modifications to the site plan for the 2,700-square-foot lot to accommodate the construction.  A public hearing may be scheduled for early August.


 


The new building will be developed as a component of the Ritz-Carlton project, reflecting the sleek architectural design and providing architectural continuity to the Court Street extension Cappelli is building between Main Street and Hamilton Avenue.  The entrance to the new Ritz-Carlton Hotel as well as the two adjoining  residential towers will be from Court Street. The hotel and the first residential tower are to open this fall.


 


Designed by Mark Shulman of Design Development, White Plains, the structure will house a cafe that Louis R. Cappelli, President of Cappelli Enterprises, expects will quickly become a top destination in Westchester. “There will be nothing like it in the county and it will add yet another exciting element to the core of White Plains that is emerging as one of the most stylish downtowns of any small city in the nation.  It will be a major attraction for residents and visitors.”


 


As envisioned, the first floor may include a gallery with multi-media screens.  It will feature a glass floor that looks down onto the level below. In addition, the building will also offer rooftop seating.


 


Cappelli noted that the building’s modern glass design, which he said has been designed to be both edgy and eye-catching, fits perfectly with the striking design of the Ritz towers, the tallest buildings between New York City and Boston. “This one-of-a-kind building will be a jewel of the downtown.  It will be a great addition to the downtown center of the city.”


 


 


 


 

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Super Developer Clears Up the 189 Main Street Activity.

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WPCNR MAIN STREET Journal. Interview with Louis Cappelli. July 26, 2007 UPDATED 3:53 PM. E.D.T: Louis Cappelli personally contacted WPCNR today to clarify that he did not need an approved site plan to do the “preparation” work he is now in the process of doing at 189 Main Street, that he did not forget to ask the council for approval for a site plan for the new “sculpture” building (which he will do tonight before the Common Council) and he is doing everything at 189 Main, according to the laws and zoning codes of White Plains. He said the plan was always to ask the Council  for site plan approval prior to actual building the new “sculpture building” he envisions for 189 Main Street.



Louis Cappelli on 189 Main Street



Scaffolding, as described by Mr. Cappelli, rising at 189 Main Street yesterday.


. “I’m working 20 hours a day, 7 days a week to open up the Ritz-Carlton,” an earnest Louis Cappelli told WPCNR today. “You’re (WPCNR)  an important platform, and you need to get the facts.I’m prudently acting to improve the city in accordance with the laws.”


Cappelli also said he had building permits and approval for adding the extra floor to the Ritz Carlton last year when he did that. “We do everything according to the laws,” Cappelli said firmly.


The Super Developer explained: “I don’t have an approved site plan (for 189 Main Street), but I have been advised by my lawyers that I don’t need an approved site plan to do what I’ve done (so far).”


Mr. Cappelli elaborated, “I have a foundation permit that I do not need a site plan for that. I have a structural permit to put the structural components of a replaced building up according to the White Plains Zoning Code. I’m entitled to build the structural component of the replacement project without site plan approval. You don’t know that because you don’t understand the site plan approval process. I have building permits. You know when I got the building permits? Last Thursday (July 19). I haven’t even poured it yet. I’m going to pour it tomorrow morning.”


WPCNR asked Mr. Cappelli why he did not put in for a site plan approval for the new building sooner, and Cappelli explained, “I didn’t know what I wanted to put there.”


 

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Goodbye Nook! Cappelli Enterprises Issues Statement on the Nook Deli Eviction C

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WPCNR WHITE PLAINS LAW JOURNAL. July 25, 2007: This week the Corner Nook, the diner on the corner of the City Center entrance and Main Street, which observers estimate has been making windfall profits from serving the construction trades daily the last six years while City Center and now 221 Main Street have been under construction, and the F & J Deli are in court before Justice Barbara Leak, as the two firms have been served with eviction notices by Cappelli Enterprises and refused to vacate the premises. The matter was adjourned to August 8.



Goodbye Nook! The Corner Nook and F&J Deli block as it appeared in March 2002 at the height of City Center construction. The little restaurant has been feasting on the construction trade for six years. As reported by WPCNR three months ago Louis Cappelli had announced plans to evict the restaurant and the delicatessen in April of this year to build affordable housing.


Cappelli Enterprises issued the following statement on the eviction process Wednesday morning:


From Cappelli Enterprises:


 


On Monday, July 2, we began eviction proceedings against the owners of Corner Nook and F&J Delicatessen whose month-to-month leases were terminated on June 30, 2007. Both tenants were sent termination notices over a month ago and never responded. After the premises are vacated, the building will be torn down to construct a new building at 240 Main Street, which we will use to comply with a portion of the city’s affordable housing requirement for LC Main, LLC and LC White Plains, LLC as was required by the city of White Plains.


 


The tenants in question have been fully aware for several years that the building they occupy would be removed to make way for new housing.  As is often the case in situations where a building is planned for demolition, tenants are given the option of signing short-term leases that let them continue to use the space with the clear understanding that once a demolition date is scheduled, their leases will be terminated and they must vacate the premises.  That has been the case with respect to this building and the two tenants in question.


 


Regrettably, because they are now resisting our request to vacate the premises so that we can fulfill a part of our affordable housing obligation to the city, we have been left with no choice but to turn to the courts to address the eviction notices.  We remain hopeful that the matter can be resolved amicably, but are fully prepared to continue the court proceeding as necessary.         

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