Hits: 536


THE NEWS IN WHITE PLAINS NEW YORK USA





Hits: 536







Hits: 120
WPCNR WHITE PLAINS LAW JOURNAL. December 10, 2021:
In a meeting last night, the Gedney Association voted unanimously to withdraw Issue 1 of their appeal suit awaiting a schedule date with the Appellate Division of the Second Department.
The reason: the former Ridgeway Country Club was confirmed sold after examination of the as yet unrecorded contract between the French American School of New York and Farrell Building Company of Bridgehampton, New York dated November 29, signed by both parties, selling the former club to Farr.el for $16.5 Million

Tonight on White Plains Week at 7:30 on FIOS channel 45 and Optimum ch. 76 (in White Plains, you can hear and see Mr. Seidel explaining why the 1st issue–failure to execute a thorough environmental review was moot, leading to the end of the French American School of New York to agree to eliminating continuing to litigate the “environmental issue.”
The Number 2 contention of the suit whether a restriction of a restrictive mandate prohibiting building an “institution” on the property may still be litigated on the highly sensitive matter of whether a mandate attached to the property must have eternal priority over future development abilities to develop their property. A ruling striking down a mandate because it prohibits desired plans for a property would create a legal precedent that would have wide ranging impact in the state.
It is not known whether the No 2, restrict mandate challenge by the French American City and the City of White Plains will still be pursued.
This morning Mr. Seidel confirmed the vote on the withdrawal of the No. 1 Issue–the environmental issue:
“Unanimous consent!!!
Action #1 is OVER!!!!!!!!!!!!
I’m preparing the papers for signtaure and then to the Court.
Not a word from Claudia Jaffe. that’s ok – she doesn’t need me or us.- she has an issue ripe for being a “framed issue”.
I’ll send an email to the Court in a few advising them the Stip is coming.
WP CITIZENS PREVAIL OVER WRONGHEADED CITY MOVE…AGAIN!“
Hits: 31
State to Reassess Measure on Jan. 15, 2022 UPDATED WITH EDITOR’S NOTES AND COUNTY VACCINATION OPPORTUNITIES 4:20 PM
Governor Kathy Hochul today announced masks will be required to be worn in all indoor public places unless businesses or venues implement a vaccine requirement. This a major action to address the winter surge comes as COVID-19 cases and hospitalizations rise statewide to be in alignment with the CDC’s recommendations for communities with substantial and high transmission. The State Health Commissioner issued a determination solidifying the requirement. Local Health Departments will enforce the new mask mandate to head off the rapid spread due to holiday social carelessness.
“I have warned for weeks that additional steps could be necessary, and now we are at that point based upon three metrics: Increasing cases, reduced hospital capacity, and insufficient vaccination rates in certain areas,” Governor Hochul added.
Since Thanksgiving, the statewide seven-day average case rate has increased by 43% and hospitalizations have increased by 29%. While the percentage of New Yorkers fully vaccinated continues to increase—gaining 2% from Thanksgiving weekend to now—the uptick is not fast enough to completely curb the spread of the virus, particularly among communities with low vaccination coverage.
(Editor’s Note: Today the White Plains Covid Tracker reported Westchester new positive cases on Wednesday, December 7 as 366 unfortunate individuals testing positive for covid, 3.7% of 9,954 tested Wednesday bringing the total of new cases of covid to 2,344 new cases in one week from December 1 to December 7, compared to 1008 for the first six days of the week. Note That is a 43% increase in new cases in a week, the same as the increase in state infection average WEEK case rate, 43%.
Hospitalizations were stated by the county in the County Executive’s Covid briefing Monday as 84 in the county. two weeks ago on November 15, there were 170 new positives. Those new positives infected 2 persons each (366 divided by 170 positives on Novemver 17. . If the 366 positives only created 84 hospitalizations (if the 84 figure is recent and not lagging behind for cosmetic, more palatable numbers, then the Westchester hospitalization rate of new infections two weeks ago (170) December 7 is 23%, behind of the state wide 7 day average of of 29% in hospitalizations. Westchester is doing better than the rest of the state, but not by much.
Reacting to Governor Hochul’s NEW MASKING OF NEW YORK, County Executive George Latimer wrote:
“We recognize Governor Kathy Hochul for her leadership in announcing a statewide mask mandate. This pandemic has reached crisis proportions in parts of the state, and we can’t be sure that it won’t rise to equal status in the rest of the state. The Governor does not make these decisions lightly, and I respect and appreciate her steady hand in these difficult times. Westchester County will do our professional best to enforce this mask provision. At this point, this is the best move to protect the health of New Yorkers, and to protect the health of the New York State economy. It is far less restrictive than a shutdown of our businesses; it is an action that shows leadership and restraint.”
Westchester County Executive George Latimer issued a news release today, saying:
“We want Westchester County to emerge on the other side of the COVID-19 pandemic, and getting your vaccine or booster is more important now than ever with the Omicron Variant making its way into our region. One thing that we do know is that the vaccinations are working, and it is the best way to help prevent the spread of this disease.
We know that nearly all of Westchester County’s population has received at least one dose of the vaccine, and we appreciate everyone doing their part to keep our communities healthy and safe. But – if you have not yet gotten the vaccine or your booster, please make an appointment to do so. Help us turn the corner on this deadly disease.”
Westchester County is hosting multiple COVID-19 vaccine and booster clinics at locations throughout the County. Visit the County Health Department Website to schedule an appointment today.
The Department of Health is holding vaccine booster clinics for eligible individuals by appointment only, at 134 Court Street in White Plains. Schedule a Pfizer, Moderna or Johnson & Johnson Booster shot HERE.
The New York State Vaccination Clinic for anyone ages five and up has moved from the Westchester County Center in White Plains, to Westchester Medical Center in Valhalla. Appointments are required. Make an appointment HERE.
The State Department of Health has produced nation-leading studies, published in the CDC’s MMWR and the New England Journal of Medicine, which demonstrate the COVID-19 vaccines’ effectiveness – particularly in preventing severe disease. The Department continues to urge eligible New Yorkers of all ages to get fully vaccinated and boosted as soon as possible.
This determination is based on the State’s weekly seven-day case rate as well as increasing hospitalizations. The new business and venue requirements extend to both patrons and staff. This measure is effective Dec. 13, 2021 until Jan. 15, 2022, after which the State will re-evaluate based on current conditions. The new measure brings added layers of mitigation during the holidays when more time is spent indoors shopping, gathering, and visiting holiday-themed destinations.
“As Governor, my two top priorities are to protect the health of New Yorkers and to protect the health of our economy. The temporary measures I am taking today will help accomplish this through the holiday season. We shouldn’t have reached the point where we are confronted with a winter surge, especially with the vaccine at our disposal, and I share many New Yorkers’ frustration that we are not past this pandemic yet,” Governor Hochul said. “I want to thank the more than 80 percent of New Yorkers who have done the right thing to get fully vaccinated. If others will follow suit, these measures will no longer be necessary.”
Acting Health Commissioner Dr. Mary T. Bassett said, “Community spread requires a community-minded solution, as the Omicron variant emerges and the overwhelmingly dominant Delta variant continues to circulate. We have the tools we need to protect against the virus – and now we must ensure we use them. There are tools each individual can use, and there are actions we can take as government. Getting vaccinated protects you, and wearing a mask is how we will better protect each other. Both vaccination and mask-wearing are needed to slow this COVID-19 winter surge.”
A violation of any provision of this measure is subject to all civil and criminal penalties, including a maximum fine of $1,000 for each violation. Local health departments are being asked to enforce these requirements.
Business/Venue Proof of Full-Course Vaccination Requirement
Businesses and venues who implement a proof of vaccination requirement can accept Excelsior Pass, Excelsior Pass Plus, SMART Health Cards issued outside of New York State, or a CDC Vaccination Card. In accordance with CDC’s definition of fully vaccinated, full-course vaccination is defined as 14 days past an individual’s last vaccination dose in their initial vaccine series (14 days past the second shot of a two-dose Pfizer-BioNTech or Moderna vaccine; 14 days past the one-shot Janssen/Johnson & Johnson vaccine). The State also accepts WHO-approved vaccines for these purposes. Parents and guardians can retrieve and store an Excelsior Pass and/or Excelsior Pass Plus for children or minors under legal guardianship.
Business/Venue Mask-Wearing Requirement
Businesses and venues that implement a mask requirement must ensure all patrons two years and older wear a mask at all times while indoors.
Continued Masking Requirements
Unvaccinated individuals continue to be responsible for wearing masks, in accordance with federal CDC guidance. Further, the State’s masking requirements continue to be in effect for pre-K to grade 12 schools, public transit, homeless shelters, correctional facilities, nursing homes, and health care settings per CDC guidelines.
New York State and the State’s Department of Health continue to strongly recommend mask-wearing in all public indoor settings as an added layer of protection, even when not required. Children 2 – 5 who remain ineligible for vaccination must wear a proper-fitting mask.
COVID-19 vaccines and booster doses are free and widely available statewide. New Yorkers can visit vaccines.gov, text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. To schedule an appointment at a state-run mass vaccination site, New Yorkers can visit the Am-I-Eligible site. New Yorkers can also contact their health care provider, county health departments, Federally Qualified Health Centers (FQHCs), rural health centers, or pharmacies.
New Yorkers can retrieve their Excelsior Pass or Excelsior Pass Plus here. Businesses and venues can download the Excelsior Pass Scanner app—free for any business nationwide and available in more than ten languages—here.
Hits: 14



WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. December 9, 2021:
White Plains CitizeNetReporter has obtained a “not-as-yet recorded” copy of contract disclosing the sale of the Ridgeway Country Club announced November 29 by the French American School public relations agency to the media, before the court was notified of the sale.
With this confirmation of a tangible in writing contact, it paves the way for Dan Seidel, attorney for the Gedney Association to withdrawn as Plaintiff/Appellant in the suit, not withdrawing as attorney, because the sale of the property renders the “Environmental Challenge” to the City of White Plains approval defunct.
For a week now, the contract has been requested by counsel representing the Gedney Association vs. French American School of New York and City of White Plains. Apparently the contract was under discussion for three months back to July 30, one of dates of an agreement in the document.
There was no record of the contract on file in the County Clerk’s office as of Tuesday of Farrell Building Company owning the property.
There was no effort to find the contract in the Clerk’s Office to see if it was in the “pile,” (the size of which was undetermined) of “to be recorded” documents yet to be filed according to a person who contacted the County Clerk’s office asking for verification the $16.5 Million Farrell-FASNY contract shown above were “in-house.” That request was yesterday.
WPCNR reckons the contract above may have been sitting in the County Clerk office for 11 days, if filed November 29, the date of the contract
The wayward deed has been received just in the nick of time to allow Mr. Seidel the confidence the property has been sold, clearing the way for him to withdraw as plaintiff/appellant and file a “Stip of Withdrawal” with the court, requesting approval for him to withdraw from the Environment Issue on the grounds that the “Environmental Issue” is now moot.
It is moot because the school project is defunct, as FASNY has sold the property, which the contract proves.
We believe Mr. Seidel’s request to withdraw has been agreed to by all parties in the suit to drop the Environmental Issue in the appeal.
The Gedney Association is holding a meeting to decide whether to go ahead with arguing the deed restriction applying to the property.
Previously in 2018, the Gedney Association wrote their membership on the merits and legality of the deed restriction, and I quote:
Development of institutional use on the golf course is prohibited pursuant to a chain of farsighted Deed Restrictions formulated years ago to protect the residential values and character of the Gedney Farms neighborhood. These private restrictions are legal and especially understandable in that the former golf course threads through the neighborhood backing up to numerous homes as opposed to merely adjoining the neighborhood. Importantly, the Deed Restrictions don’t prohibit reasonable use of the acreage (ie. residential use), but only institutional use, which includes hospitals as well as FASNY.
Our ongoing litigation on the FASNY matter comprises both an appeal of the recent FASNY approval by the Common Council and enforcement of the Deed Restrictions. They are separate and distinct issues. The Common Council has no authority over private Deed Restrictions.
Hits: 23
:

JOHN BAILEY INTERVIEWS CIPPI HARTE, (LEFT)DIRECTOR DOROT WESTCHESTER AND CYNTHIA SAMWICK, DOROT VOLUNTEER FOR DOROT ON THE FREE PROGRAMS DOROT WESTCHESTER PROVIDES
COMPANIONSHIP, FRIENDSHIP, EDUCATION, ACITIVITIES AND SELF IMPROVEMENT TO OVER 300 PERSONS IN WESTCHESTER.
START THE NEW YEAR WITH A NEW START FOR THOSE WHO JUST NEED A HELPING HAND SOMEONE TO BE A FRIEND, COMPANION, LIGHTEN LIFE’S CARES FOR A WHILE
PERSONS WHO NEED HELP IN THE SEASON OF LIGHT

FIND OUT HOW A DOROT VOLUNTEER IS THE PERFECT GIFT FOR SOMEONE IN YOUR FAMILY THAAT NEEDS A REGULAR FRIEND THEY CAN COUNT ON AND COUNT ON SEEING REGULARLY
MS. HARTE AND MS. SAMWICK SHOW YOU HOW THE YEARS OF EXPERIENCE OF DOROT CAN HELP FRIENDS AND LOVED ONES WITH THE COMPASSION, EXPERTISE AND TRAINING OF A DOROT VOLUNTEER
BRIGHTEN UP THE HOLIDAYS
MAKE THE NEW YEAR REALLY NEW WITH THE GIFT OF A DOROT VOLUNTEER’S COMPANIONSHIP, A FREE SPECIAL SERVICE TO A PERSON SPECIAL TO YOU AND YOUR FAMILY.
SEE IT ANYTIME BY GOING TO WWW.WPCOMMUNITYMEDIA.ORG. SCROLL DOWN THE “PROGRAM WALL” TO “PEOPLE TO BE HEARD” CLICK AND WATCH
Hits: 350
New STEAM Center, Finance Center, Leonardo Adult Patient Simulator, 3D Anatomage Table Continue Stepinac’s Leadership in Secondary Education
Continuing its leadership in secondary education to provide students with the skills they will need to become globally competitive at college and in their future careers, Stepinac High School will celebrate its latest Real-World advanced learning technologies including a new STEAM Center, Finance Center with Bloomberg terminals, Leonardo Patient Simulator, 3D Anatomage Table and two more learning spaces modeled after Columbia University’s Classrooms.

Fr. Thomas Collins (Class of ’79), Stepinac president, who will preside over the dedication ceremony; members of the administration and faculty; civic and community leaders including White Plains Mayor Thomas Roach and students who will demonstrate how they are using the advanced learning technologies, members of the Stepinac distinguished Stepinac alumni and students who will using the sophisticated and engaging learning tools, typically found at college, to enhance their understanding of and successfully undertake real-world applications in engineering, architecture and bio science, among others.
WHEN: 10 AM, FRIDAY, DECEMBER 10
WHERE: Stepinac High School, 950 Mamaroneck Avenue, White Plains, NY
Hits: 19
WPCNR CORONAVIRUS REPORT. Based on New York State Covid Tracker and Governor Hochul Advisory. December 9, 2021 UPDATED WITH WPCNR CHART 1 PM EST;
138,694 Vaccine Doses Administered Over Last 24 Hours
40 COVID-19 Deaths Statewide Yesterday
6 More Omicron Cases Confirmed in NYC
WESTCHESTER NEW POSITIVES MONDAY: 395 TEST POSITIVE OF 11,350 TESTED, 3.6%. 1,146 NEW COVID CASES IN MIDHUDSON REGION.

Governor Hochul’s Report:
New Yorkers looking to schedule vaccine appointments for 5-11-year-old children are encouraged to contact their child’s pediatrician, family physician, county health departments, Federally Qualified Health Centers (FQHCs), rural health centers, or pharmacies that may be administering the vaccine for this age group. Parents and guardians can visit vaccines.gov, text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. Make sure that the provider offers the Pfizer-BioNTechCOVID-19 vaccine, as the other COVID-19 vaccines are not yet authorized for this age group.
Governor Kathy Hochul Wednesday updated New Yorkers on the state’s progress combating COVID-19.
“Let us all continue to get vaccinated, get the booster shot, and encourage our family members and fellow New Yorkers to do the same,” Governor Hochul said. “We know the tools to limit the spread and prevent serious illness from the COVID-19 virus, let’s use them. The vaccine is safe, effective, and our best hope for moving past this pandemic. We will get through this together.”
Today’s data is summarized briefly below:
Each region’s 7-day average of cases per 100K population is as follows
| Region | Sunday, December 5, 2021 | Monday, December 6, 2021 | Tuesday, December 7, 2021 |
| Capital Region | 70.43 | 71.74 | 69.37 |
| Central New York | 71.05 | 71.62 | 71.57 |
| Finger Lakes | 79.16 | 79.84 | 76.86 |
| Long Island | 55.11 | 58.25 | 59.66 |
| Mid-Hudson | 40.99 | 41.68 | 42.85 |
| Mohawk Valley | 83.34 | 83.87 | 85.25 |
| New York City | 24.44 | 25.69 | 26.99 |
| North Country | 77.91 | 76.48 | 75.35 |
| Southern Tier | 77.97 | 81.58 | 80.90 |
| Western New York | 88.58 | 86.75 | 82.47 |
| Statewide | 47.51 | 48.69 | 48.96 |
Each region’s 7-day average percentage of positive test results reported over the last three days is as follows:
| Region | Sunday, December 5, 2021 | Monday, December 6, 2021 | Tuesday, December 7, 2021 |
| Capital Region | 7.45% | 7.52% | 7.03% |
| Central New York | 8.01% | 7.93% | 7.78% |
| Finger Lakes | 10.29% | 10.14% | 9.58% |
| Long Island | 5.89% | 5.98% | 6.04% |
| Mid-Hudson | 4.50% | 4.63% | 4.63% |
| Mohawk Valley | 8.41% | 8.29% | 8.38% |
| New York City | 2.26% | 2.35% | 2.35% |
| North Country | 8.81% | 8.58% | 8.27% |
| Southern Tier | 5.95% | 6.01% | 6.00% |
| Western New York | 11.22% | 11.12% | 10.66% |
| Statewide | 4.82% | 4.87% | 4.75% |

Each New York City borough’s 7-day average percentage of positive test results reported over the last three days is as follows:
| Borough in NYC | Sunday, December 5, 2021 | Monday, December 6, 2021 | Tuesday, December 7, 2021 |
| Bronx | 2.25% | 2.36% | 2.39% |
| Kings | 2.14% | 2.28% | 2.32% |
| New York | 1.57% | 1.62% | 1.60% |
| Queens | 2.85% | 2.90% | 2.89% |
| Richmond | 3.83% | 3.81% | 3.88% |
Yesterday, 9,833 New Yorkers tested positive for COVID-19 in New York State, bringing the total compiled by HERDS to 2,779,313. A geographic breakdown is as follows:
| County | Total Positive | New Positive | Number of Omicron Cases Confirmed Statewide: 14* |
| Albany | 35,729 | 143 | – |
| Allegany | 6,348 | 22 | – |
| Broome | 29,358 | 128 | 1 |
| Cattaraugus | 10,514 | 54 | – |
| Cayuga | 10,149 | 45 | – |
| Chautauqua | 15,864 | 89 | – |
| Chemung | 13,460 | 79 | – |
| Chenango | 5,880 | 36 | – |
| Clinton | 8,503 | 34 | – |
| Columbia | 6,023 | 53 | – |
| Cortland | 6,308 | 28 | – |
| Delaware | 4,761 | 42 | – |
| Dutchess | 39,072 | 174 | – |
| Erie | 130,859 | 638 | – |
| Essex | 3,151 | 32 | – |
| Franklin | 5,790 | 44 | – |
| Fulton | 8,198 | 41 | – |
| Genesee | 9,135 | 71 | – |
| Greene | 5,172 | 29 | – |
| Hamilton | 533 | 2 | – |
| Herkimer | 8,838 | 95 | – |
| Jefferson | 12,022 | 91 | – |
| Lewis | 4,395 | 26 | – |
| Livingston | 7,603 | 35 | – |
| Madison | 7,789 | 68 | – |
| Monroe | 101,904 | 470 | – |
| Montgomery | 7,569 | 50 | – |
| Nassau | 232,051 | 769 | – |
| Niagara | 30,247 | 158 | – |
| NYC | 1,151,058 | 2,590 | 13 |
| Oneida | 34,638 | 212 | 2 |
| Onondaga | 62,018 | 339 | – |
| Ontario | 12,377 | 67 | – |
| Orange | 64,019 | 258 | – |
| Orleans | 5,870 | 46 | – |
| Oswego | 14,943 | 88 | – |
| Otsego | 5,769 | 65 | – |
| Putnam | 13,508 | 71 | – |
| Rensselaer | 18,322 | 93 | – |
| Rockland | 56,362 | 100 | – |
| Saratoga | 26,181 | 154 | – |
| Schenectady | 20,125 | 92 | – |
| Schoharie | 2,938 | 34 | – |
| Schuyler | 2,058 | 10 | – |
| Seneca | 3,468 | 12 | – |
| St. Lawrence | 13,603 | 108 | – |
| Steuben | 13,264 | 89 | – |
| Suffolk | 262,900 | 1,017 | 3 |
| Sullivan | 10,084 | 72 | – |
| Tioga | 6,699 | 55 | – |
| Tompkins | 7,773 | 32 | – |
| Ulster | 19,752 | 76 | – |
| Warren | 7,770 | 39 | – |
| Washington | 7,190 | 56 | – |
| Wayne | 10,921 | 59 | – |
| Westchester | 150,743 | 395 | 1 |
| Wyoming | 5,628 | 45 | – |
| Yates | 2,107 | 13 | – |
* These case counts represent those known cases that have been confirmed by a state approved laboratory, and do not fully represent the total cases likely in the population.
Yesterday, 40 New Yorkers died due to COVID-19, bringing the total to 46,903. A geographic breakdown is as follows, by county of residence:
| Deaths by County of Residence | |
| County | New Deaths |
| Bronx | 1 |
| Chautauqua | 1 |
| Chemung | 3 |
| Delaware | 1 |
| Dutchess | 1 |
| Erie | 8 |
| Essex | 1 |
| Kings | 3 |
| Livingston | 1 |
| Madison | 1 |
| Manhattan | 1 |
| Monroe | 2 |
| Oneida | 1 |
| Onondaga | 2 |
| Orange | 1 |
| Queens | 3 |
| Rensselaer | 1 |
| Saratoga | 2 |
| Schenectady | 1 |
| St. Lawrence | 1 |
| Suffolk | 1 |
| Ulster | 1 |
| Warren | 1 |
| Wyoming | 1 |
All New York State mass vaccination sites are open to eligible New Yorkers aged 5 and older, with walk-in vaccination available at all sites on a first-come, first-serve basis for people aged 12 and older. Information on which sites require appointments for children in the 5-11 age group is available on our website. People who prefer to make an appointment at a state-run mass vaccination site can do so on the Am I Eligible App or by calling 1-833-NYS-4-VAX. People may also contact their local health department, pharmacy, doctor or hospital to schedule appointments where vaccines are available, or visit vaccines.gov to find information on vaccine appointments near them.
New Yorkers looking to schedule vaccine appointments for 5-11-year-old children are encouraged to contact their child’s pediatrician, family physician, county health departments, Federally Qualified Health Centers (FQHCs), rural health centers, or pharmacies that may be administering the vaccine for this age group. Parents and guardians can visit vaccines.gov, text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. Make sure that the provider offers the Pfizer-BioNTechCOVID-19 vaccine, as the other COVID-19 vaccines are not yet authorized for this age group.
Hits: 186
WPCNR WHITE PLAINS LAW JOURNAL. Statement to WPCNR. December 8, 2021:
As WPCNR reported yesterday, the plaintiffs in the Gedney Association vs. French American School of New York and the City of White Plains are stymied
The surprise sale by the French American School of New York of the entire Rigeway Country Club property which the court was not told about prior to the November 28 news release to the media announcing the sale has created a dilemma.
The “Environmental Issue,” one of the two appeals the Association made two years ago that is currently being held for scheduling of argument in the Appellate Court of Brooklyn is stymied as to how to proceed on the remaining issue of the appeal: of the moratorium on institutional use attached to the property since 1925.
Today, Dan Seidel, the architect of the papers presenting the moot “Environmental Issue” brief that the Appellate Division agreed to hear (with the “institutional” issue), announced today he was withdrawing as plaintiff/appellant.
He has issued the following statement to WPCNR explaining his action :
“Update: the plaintiffs’ fighting the “institutional use” holding of Judge Lefkowitz have a dilemma.
As I no longer live in the area, and the SEQRA environmental issues have been resolved by the sale to a housing developer, who promises luxury houses I have no remedy that can be granted from the Appellate Court.
My damages claimed (in the appeal) included no monetary relief, but a mere “re-do” of the environmental issues.
I shall therefore withdraw as a party plaintiff/appellant, not as attorney.
My issue is now moot.
The School never got built and is now gone.
The Appellate Court Rules state that when an issue is moot, the Court SHALL be notified immediately and the process will be affected.
I will withdraw as an appellant as I no longer live in the area and the issue I was contesting is moot. Failure to do so can result in significant monetary sanctions to ME (wasting the court’s time with an issue that has been resolved) and I can be disciplined on my permanent record.
John Sheehan and Gedney still have standing in the SEQRA issue and it will be their choice to go forward or not on those issues.
The deed restriction issue can be argued and also, any new developer will have to go thru SEQRA again and the plaintiff’s in that action and others can still contest the Zoning/definition issue – hence the need to submit the paperwork for a decision.
Oral argument doesn’t have to be had – we can all “submit”.
I will advise the Court, as attorney, the other plaintiffs still wish to proceed so far, but I will no longer be a party plaintiff/appellant.
Because of Judge Lefkowitz’s bizarre and wrongful opinion on the “institutional use” definition, the other plaintiiffs/appellants will still proceed.
Too, because the two actions were wrongfully “joined” for a single trial, the Gedney SEQRA part may still have to be submitted for a decision (because of the Lefkowitz errors), just without my name as a party plaintiff/Appellant.
This is still being discussed. Should any new builder/owner wish to build an institution on the FASNY Property (ALL STILL zoned R1:30,000 ONLY) that issue can be contested anew or the deed restriction issues can be appealed this go round on a “framed issue” basis.”
Hits: 153
WPCNR CORONAVIRUS UPDATE. By John F. Bailey. December 7, 2021:
The day after County Executive George Latimer’s Covid Monday news conference, the county learned of the first overly contagious Omicron Covid Varient case, a 13 year old boy. The County Executive issued this statement Tuesday at 5:30 PM:
“Earlier this afternoon we were informed that there is a confirmed case of the COVID-19 Omicron variant in Westchester County. The positive case is in a 13-year-old Westchester County resident. We are concerned about this discovery, and are closely monitoring the situation. With the new variant circulating, the best way we can protect our families and ourselves is by being vaccinated, and by getting a booster shot if you are eligible.
“Additionally, I have officially signed the State of Emergency Executive Order for Westchester County. I am taking this action to combat the Delta and Omicron COVID variants. There is currently a public health threat, I know it has been many months, I know you are tired but we – together – must take action to be better prepared to fight COVID and the new variants.”
In his news conference on Covid Monday the County Executive stated his administration was preparing a 5-step plan which would be implemented when key indicators of covid infections and hospitalizations were reached. He did not apply and new requirements for Westchester County. He said that 84 new hospitalizations were reported in Westchester, up from 52 a week ago, a 61% increase in hospitalizations. He presented this chart :

The County Executive said that the county was formulating a Five Step plan of actions to take if hospitalizations continued to rise. The first step pictured above is triggered by rising to 100 hospitalizations. He said the next steps would involve restrictions. Tuesday morning on WVOX Radio ‘s Dennis and Tonny’s Good Morning Westchester, he said that with hospitalizations “rising towards 100, the county is declaring a state of emergency.”
He stressed in his covid briefing the county was “nowhere near” the infections of previous weeks, and noted the low death rates over the last year, shown below as evidence the county was not in serious danger of overburdening county hospitals. He said the 93% vaccinated population with at least one shot was definitely a factor in reducing hospitalizations saying that 57% of hospitalized patients were unvaccinated, and the rest were either presumed unvaccinated, or had preexisting health conditions.


Susan Fox, President, CEO of White Plains Hospital appeared at the invitation of the County Executive to address the Governor’s suggestion for hospitals to not accept elective surgeries.
She said that the hospital realizes it has to maintain a balance between being ready for Covid patients and serving the needs of the public. She said her staff is burned out from treating covid, but presently, only 15 patients are being treated for Covid at White Plains Hospital and only 1 is in the ICU unit. She gave the impression the hospital was not at the point where they would cancel elective surgeries which Governor Kathy Hochul suggested last week.
The County Executive answering a question by John Gordon of News 12 in the news conference about reopening the County Center as a vaccination center (it has been closed for vaccinations since November 14), said he was looking at that but did not give a reason why.
Mr. Latimer had a lot of issues he wanted to stress, which meant he had no time all the statistics that would indicate how good the public response is to the need to be vaccinated.
The County Executive did not give a count of how the vaccination shot administrations were going since the Westchester Medical Center took over that responsibility for the region. We were not told whether vaccinations were up in frequency or down as he used to do when the County Center, the Yonkers Armory and the Health Department on Court Street in White Plains were punching out shots to long lines in August. Pharmacy shot totals were not addressed. School vaccinations response trends were not given in detail.
When WPCNR asked the County Department of Communications for the figures on Westchester Medical Center vaccinations for children under 12, and those adultsnover 18, they recommended WPCNR go to the Westchester Medical Center press office.
WPCNR awaits a call back from Andrew LaGuardia, media spokesperson for Westchester Medical Center for an explanation of number of first shots, second shots and boosters administered and volume of children under 12 getting shots since November 14 when the Westchester Medical Center took over administering shots in the county. Such figures would provide a better picture of the public response to the county urging they get their vaccinations over the last two monthsl
WPCNR also asked Mr. LaGuardia if Westchester Medical Center was already taking in overflows of patients from surrounding counties in the the Mid-Hudson region where there are not as many hospitals as Westchester. Infections have been racing up the last two weeks in Orange County, Rockland County, Ulster County and Dutchess.
The climb in the MidHudson region continued Sunday and Long Island shows no signs of stopping and no detailed hospitalization numbers have been issued by the state.
On Sunday, December 5 the New York State Covid Tracker showed Westchester County infections leading the Mid-Hudson region with 280 unfortunate new positives testing with covid of 6,401 tested, 4.4%. Orange County had 152, Dutchess, 106, Rockland 96, Ulster, 52, Putnam 36. Sullivan,28.
Nassau and Suffolk county positives continue to astound.
On Sunday, Nassau produced 759 positives, a 6.6% infection rate on 11,422 tested. Suffolk found 932 positives of 12,383, 7.5%. No figures given for Nassau and Suffolk hospitalizations.
The MidHudson Region of 7 counties and Nassau and Suffolk counties totaled 2,441 new infections Sunday. The New York City five boroughs has 2,159. Sunday marked the 20th day in the last 25 days that the 9 suburban counties had more new persons coming down with covid than all of New York City.
Beware.
At the conclusion of the news conference Monday, Mr. Latimer admonished the audience with these words about getting vaccinated:
“Get it!”
He said at the conclusion of the press queries that he expected covid is going to be with us forever and that people needed to rise to the occasion and live with covid by being thoughtful (of others), practicing self-discipline, and perseverance.
Hits: 5054

WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. December 7, 2021:
Three sources familiar with the status of the French American School of New York sale of the Ridgeway Country Property in White Plains have confirmed closing of the property, including the City of White Plains and Farrell Building Company. Papers confirming it have been submitted to the County Clerk WPCNR was told.
Farrell Building Company has closed the sale of the land with the school. Closing means the school has received payment on the property, reportedly $16.5 Million, but that is not ben confirmed directly.
This does not mean the Gedney Association appeal asking the original plans for the property be stopped. To refresh your memory, the first issue Gedney Association appealed was the original school proposal failed to adhere to the covenant of denying use for institutions. The issue of the appeal was alleged Common Council failure to execute a thorough SEQRA environmental review.
At issue now is whether to proceed with both segments of the appeal, or just one.This came about because–
When the sale was announced one week ago via news release, it was assumed this made the present appeal case “moot” which is defined “as having little or no practical relevance, typically because the subject is too uncertain to allow a decision:”
The original appeal filed on the part of the Gedney Association, consisted of two separate legal arguments.
In the decision that approved the now defunct school institution project, Judge Joan Lefkowitz of New York State Supreme Court combined the two appeals into one decision.
The quandary over scheduling the showdown in the Appellate Court (which has not been decided by the Appellate Court) is to drop either the environmental suit.
The attorney who wrote the Environmental brief, Dan Seidel, feels that appeal is now “moot” (since the land has been sold on which the original environmental statement no matter how complete or incomplete it was), or proceed with both appeals
The suspense goes on.