WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES. | WHITE PLAINS WESTCHESTER DAILY NEWS SERVICE VISITS SINCE 2000 A.D. 25TH YEARl REPORTING THE NEWS YOU NEED TO KNOW News Service Since 2000 A.D. 2026 WILL BE OUR 26TH YEAR OF COVERING WHITE PLAINS NEW YORK USA . John F. Bailey, Editor (914) 997-1607 wpcnr@aol.com Cell: 914-673-4054. News Politics Personalities Neighborhoods Schools Finance Real Estate Commentary Reviews Policy Correspondence Poetry Philosophy Photojournalism Arts. The WHITE PLAINS CITIZENETREPORTER. TELEVISION: "White Plains Week" News Roundup, 7:30 EDT FRI, 7 EDT MON & the incisive "People to Be Heard" Interview Program 8PM EDT THURS, 7 PM EDT SAT on FIOS CH 45 THROUGHOUT WESTCHESTER AND, ALTICE OPTIMUM WHITE PLAINS CH 1300 Fighting for Truth, Justice and the American Way. TOP 10 VISITORS FROM AROUND THE WORLD :1. USA. 2.BRAZIL3.VIET NAM 4. CHINA 5. JAPAN 6.UK. 7.CANADA. 8.INDIA. 9.AUSTRALIA 10.IRELAND 11.GERMANY 12..ARGENTINA 13.BANGLADESH 14.RUSSIA. 15.NEWZEALAND. 16. FRANCE. 17.MEXICO. 18.UKRAINE. 19.SOUTH AFVRICA. 20. IRAQ.

Do you have what it takes to be LEGALLY BLONDE? WBT LAUNCHES SPRING ROMP!

Posted on March 26, 2012 by John Bailey

WPCNR STAGE DOOR From Piia Haas. March 26,2012:

Kelly Felthous enrolls at Harvard in pursuit of a LEGALLY BLONDE degree this week (for 4 weeks only) at Westchester Broadway Theatre.Photo by Paul Lyden

ALL LEGALLED UP!

LB is a fresh and effervescent evening of musical fun, stylishly wrapped up in a smart pink bow! When Sorority girl, Elle Woods (Kelly D. Felthous) is dumped by her boyfriend, Warner Huntington III. (Robert Patric Ryan), she decides to get “serious” to win her boyfriend back. He is off to college to study law and wants a girlfriend who will be able to support him in his chosen career.

Elle, an underestimated blonde who doesn’t take “no” for an answer, puts down the credit cards, hits the books, and with doggie Bruiser in tow, she sets out to go where no Delta Nu has gone before: Harvard Law. She discovers the true power behind being legally blonde, and proves that being true to yourself never goes out of style. This high-energy pop musical’s fun and catchy score features music and lyrics by Laurence O’Keefe and Nell Benjamin, and a hysterical book by Heather Hach.

The blonde romp debuts this week for a 4 week run!

Kelly is excited to step back into some Pink high heels having previously played Elle in Legally Blonde at NSMT. She also recently originated the role of Eva in the world premiere of Bring it On.

She has appeared in National Tours and Off-Broadway: Marty/Grease, Mayzie/Seussical (cast recording), Ruby/Max and Ruby, and The Sound of Music. New York/Regional: Gloria/Boeing Boeing (Hartford Stage), Serena Katz/Fame (Macau International Music Festival). Kathy Seldon/ Singing in the Rain (NSMT), Jane Eyre (American Premiere), Caroline/Trip of Love (World Premiere), June/Gypsy (Sacramento Music Circus), Little Sally/Urinetown, Anybodys/ West Side Story and Ruby/Dames at Sea. She describes herself as a “proud blonde, NYU alum and AEA member.”

Christopher DeProphetis plays Emmett Forrest, the teaching assistant who supports Elle from the beginning. Aloysius Gigl plays the part of predatory lecturer/lawyer Professor Callahan, who sees Elle as fair game.

Jacquelyn Piro Donovan is the sassy hairdresser, Paulette, who has a yen for Kyle (Timothy Hughes), the sexy UPS guy. The WBT production also stars Lauren Blackman as Vivienne, Maria Logan as Brooke, Amber Coartney as Enid, Michela Imbesi as Serena, Brooke Morrison as Margot, Gillian Munsayac as Pilar, Leisa Mather as Elle’s Mother and Benjamin Dean Horine as Elle’s Father.

The Ensemble features: Amanda Pulcini, Shannon Lea Smith, Eric Byrd, Aubrey Sinn, Jason Slattery, Ron Tal, and two doggies, Roxie (as Bruiser) and Paul Newman (as Rufus) appearing courtesy of their handler, Karen Wells and Animal trainer, Bill Berloni.

The production is directed and choreographed by WBT favorite, Jonathan Stahl, The musical director is John Daniels. Set design is by John Farrell, Costume design by Matthew Hemesath, Lighting design is by Andrew Gmoser, Sound design by Jonathan Hatton. Technical Director is Steven Loftus, Production Stage Manager is Victor Lukas and the Assistant Stage Manager is Ron Rogell. Properties are by Grumpy’s Props.

Jonathan Stahl , (Director)A favorite at WBT, has directed our successful Production of Yeston/Kopit’s NINE, starring Robert Cuccioli. He was associate director and choreographer, and performed in, The Full Monty, Gypsy, Beauty And The Beast, and The Christmas Voyager. He choreographed and performed in Phantom (Another Kopit and Yeston success) and appeared in A Christmas Carol and My Fair Lady. Finally, he co-directed and choreographed The Christmas Inn. As associate director and choreographer to Richard Stafford, Jonathan has worked across the country at great theatres such as The Walnut Street Theatre, North Carolina Theatre, North Shore Music Theatre, Pittsburgh CLO, and Ogunquit Playhouse. Jonathan’s rewarding career as a performer has taken him from the world of Ballet to Broadway, but all these steps have led him here to directing this amazing musical, with a superbly talented cast.

For showtimes and ticket information, go to www.broadwaytheatre.com

Ebersole Rink’s 49th Annual Ice Show Impresses with 18 Solists; Over 75 Peformin

Posted on March 25, 2012 by John Bailey

WPCNR PHOTOGRAPHS OF THE DAY. By the WPCNR ROVING PHOTOGRAPHER. MARCH 25,2012:

The 49th Ebersole Rink Annual Ice Show wowed over 100 Parents, Friends, and Skating Enthusasts Saturday evening on a great night to skate. Rarely has the weather been so cooperative, delivering a crisp sheet of ice and even crisper skating by 18 solists and about 80 group performers from the Ebersole Rink Skating School.

The evening was highlighted by an advanced Finale Number peformed by the Advanced Figure Skating Program skaters shown below.

Mayor Thomas Roach, Rink Manager Matt Hansen, and Commissioner of Recreation and Parks, Wayne Bass opened the festivities with the Mayor saying what a wonderful skating program the Skating School runs and congratulated all the skaters on the culmination of their hard work.

The Advanced Figure Skaters Executing a perfect Pinwheel in the Show’s spectacular Finale.

Under the Bridge: Advanced Figure Skaters Impress the crowd with their synchronized finale farewell — easily the most spectacular final number seen in the last 15 years of these shows.

Photograph of the Day

Posted on March 24, 2012 by John Bailey

WPCNR PHOTOGRAPH OF THE DAY. By the White Plains CitizeNetReporter Roving Photographer. March 24, 2012:

Today’s photo demonstrates the earliest time this reporter has ever seen the azaleas in the CitizeNetReporter headquarters gardens bloom. Usually azaleas in the gardens bloom in the first week of May. Yet, here it is blooming on March 24! At this rate the day lilies will be out in May and be finished blooming by July. Can there be any doubt that the climate is changing dramatically? This may mean a very long, scorching, arid, summer with lots of severe weather.

GLOBALwARMING IN WHITE PLAINS: AZALEA BLOOMING SIX WEEKS EARLY IN WHITE PLAINS. DAFFODILS ARE UP AND DAY LILLIES ARE SPROUTING. MOST UNUSUAL.

FBI SEEKS BANK ROBBER HITTING THREE Chase Banks in a Week

Posted on March 23, 2012 by John Bailey

WPCNR FBI WIRE. Special to WPCNR FROM The Federal Bureau of Investigation. March 23, 2012:

The FBI and local police are hunting a bank robber who may have struck four times this week: twice in New Jersey, and twice in New York City. The robber in all three robberies fits the same description and has the same appearance in bank security video as pictured above.

On March 19, 2012, at approximately 3:00 p.m., a lone unidentified Asian male walked into the Chase Bank located at 125 River Street, Hoboken, New Jersey, and stopped at the check-writing counter. The man looked around then proceeded to a teller counter, where he reached into his pocket with his right hand and gave a demand note to the teller without saying a word.

After being handed an undisclosed sum of cash, the robber took the envelope full of cash, put it into his pocket, and left the bank in an undetermined direction. The robber was described as an Asian male in his early to mid-20s, approximately 6’0”-6’2” in height, weighing 170 pounds, with dark hair, a thin build, clean shaven, wearing a black hat, pewter color framed Ray Ban sunglasses, black leather jacket, North Face backpack, medium wash colored jeans, and black and white shoes.

On March 21, 2012, a bank robbery attempt was made at the Chase Bank located at 109 Delancey Street, New York, New York, just before 3:00 p.m. A lone Asian male approached the teller counter, passed a demand note to the teller, but fled the bank before obtaining any property. Later that day, March 21, a lone Asian male entered Capitol One Bank located at 41-60 Main Street, New York, New York and passed a demand note to a teller. This time, the robber received an undisclosed sum of cash and fled the location. In both incidents, the robber was described as being an Asian male, age 30-35, 5’11”-6’ tall, and about 180 pounds. In both incidents, he was wearing a black coat, a black fedora hat, and black sunglasses.

Yesterday, March 22, 2012, the Chase Bank located at 460 Bergen Blvd, Palisades Park, New Jersey, was robbed at 2:37 p.m. by a man fitting a similar description as the bank robber on March 19. The man presented a note to the teller demanding money and received an undisclosed sum of cash. He then fled the bank on foot and dropped a large quantity of the stolen money. The dropped money was recovered and ultimately turned over to Bergen County CSI who processed the scene. The bank robber was described as an Asian male, approximately 5’10” tall with a slim build wearing a black fedora-style hat, black sunglasses, black leather jacket, and black trousers.

Again, that description is:

Race: Asian
Gender: Male
Height: 5’10”–6’2”
Weight: Approximately 170 pounds, slim build
Age: Early 20s to mid-30s
Hair: Dark, short, clean shaven face
Clothing: Black fedora hat, black leather jacket, black framed or pewter framed Ray Ban sunglasses, North Face Backpack, black and white shoes

Anyone with information about these or any other bank robberies should contact the FBI in New Jersey at 973-792-3000, or in New York at 212-384-1000. Citizens in New York can also contact the NYPD Crime Stoppers at (800) 577-TIPS (8477). The public is encouraged to regularly visit bandittrackernortheast.com for additional information, updates, and photos.

FBI Announces Verdict in Malware cyber thefts. Elaborate Scam Detailed

Posted on March 23, 2012 by John Bailey

WPCNR FBI WIRE.Special to WPCNR From the Federal Bureau of Investigation. March 23, 2012:

Preet Bharara, the United States Attorney for the Southern District of New York, announced that NIKOLAY GARIFULIN was sentenced today in Manhattan federal court to two years in prison for his involvement in a global bank fraud scheme that used hundreds of phony bank accounts to steal over $3 million from dozens of U.S. accounts that were compromised by malware attacks.

On September 23, 2011, GARIFULIN pled guilty to one count of conspiracy to commit bank fraud and one count of conspiracy to possess false identification documents. He was sentenced today by U.S. District Judge Victor Marrero.

Manhattan U.S. Attorney Preet Bharara said: “The high-tech scheme that was perpetrated by Nikolay Garifulin and his co-conspirators is an example of the financial harm that can be wrought by cyber thieves. As today’s sentence and our record in this case make clear, we will track down these criminals and bring them to justice.”

According to the indictment, statements made in connection with the guilty plea, and other documents filed in Manhattan federal court:

As part of the bank fraud scheme, hackers in Eastern Europe used cyber attacks to steal money from the bank accounts of small and mid-sized businesses throughout the United States. The cyber attacks included the use of malware known as Zeus Trojan, which would embed itself in victims’ computers and record their keystrokes as they logged into their online bank accounts.

The hackers responsible for the malware then used the account information to take over the victims’ bank accounts and make unauthorized transfers of thousands of dollars at a time to accounts controlled by co-conspirators, including GARIFULIN, who were members of a money mule organization.

The money mule organization recruited individuals who had entered the United States on student visas, provided them with fake foreign passports, and instructed them to open accounts at U.S. banks under false names.

Once the false-name accounts were successfully opened and the stolen funds transferred into the accounts, the “mules” moved the money to other accounts, most of which were overseas, or withdrew and transported it overseas as smuggled bulk cash.

GARIFULIN collected money that had been withdrawn by mules from the phony accounts in the United States and, under the direction of the organization’s leader, distributed it to other co-conspirators and transported it back to Eastern Europe. GARIFULIN also arranged for fake passports to be transferred from Eastern Europe to mules in the United States.

***

In addition to his prison term, GARIFULIN, 23, of Volgograd, Russia, was sentenced to three years of supervised release. He was also ordered to forfeit $100,000 and to pay $192,123.122 in restitution.

The investigation into this global bank fraud scheme was conducted by the U.S. Attorney’s Office for the Southern District of New York, the New York County District Attorney’s Office, the Federal Bureau of Investigation, the New York City Police Department, the Department of State Diplomatic Security Service, the U.S. Immigrations and Customs Enforcement’s Homeland Security Investigations, and the U.S. Secret Service.

As a result of this investigation, 37 defendants were charged in September 2010. GARIFULIN was the last of the 27 defendants arrested in connection with the scheme to plead guilty. In addition to GARIFULIN, 23 defendants involved in the scheme have been sentenced, including two leaders of the mule organization. Kasum Adigyuzelov was sentenced on May 13, 2011 to four years in prison. Dorin Codreanu was sentenced on July 8, 2011 to 20 months in prison. Of the remaining defendants, two entered into deferred prosecution agreements with the government, and eight defendants are fugitives who are being sought in the United States and abroad.

Mr. Bharara thanked all of the law enforcement agencies involved in the investigation for their outstanding work. He also thanked Bank of America, TD Bank, JPMorgan Chase Bank, Wachovia, and HSBC Bank for their assistance in the investigation.

The investigation and prosecution of these cases is being overseen by the Office’s Complex Frauds Unit. The cases are being prosecuted by Assistant U.S. Attorneys Joseph P. Facciponti, Alexander J. Wilson, Sarah Lai, Justin Anderson, and Andrew Bauer.

2 in NYC Health Services Accused of distributing False Medicaid Cards

Posted on March 23, 2012 by John Bailey

WPCNR FBI WIRE. From the Federal Bureau of Investigation. March 23, 2012:

Preet Bharara, the United States Attorney for the Southern District of New York; Janice K. Fedarcyk, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation (FBI); Rose Gill Hearn, the Commissioner of the New York City Department of Investigation (DOI); and Raymond W. Kelly, the Police Commissioner of the City of New York (NYPD), today announced charges against KELVIN JENNINGS and PAMELA JONES, two long-time employees of the New York City Human Resources Administration (NYC-HRA), for allegedly creating and distributing fraudulent Medicaid cards in exchange for cash payments. JONES was arrested this morning and is expected to appear in Manhattan federal court later today. JENNINGS remains at large.

The following allegations are based on the complaint unsealed earlier today in Manhattan federal court:

JENNINGS has been employed with NYC-HRA since 1982 and is a Medicaid eligibility specialist at Metropolitan Hospital in Manhattan. JONES has been employed with NYC-HRA since 2000 and is a Medicaid eligibility specialist in its Office of Mail Renewal in Manhattan.

From 2003 through 2011, JENNINGS and JONES were involved in a scheme to sell fraudulently obtained Medicaid accounts and Medicaid cards to individuals who were not entitled to Medicaid. In the course of this scheme, JENNINGS sold approximately 18 fraudulent Medicaid cards. As part of the scheme, JONES used her employee-specific identification number at her personal NYC-HRA workstation to create fraudulent Medicaid accounts in the names of fictitious individuals or the names of individuals who would ultimately receive the cards but were ineligible for Medicaid. In total, the 18 fraudulent Medicaid accounts that were part of this scheme resulted in the fraudulent billing of approximately $387,000 to Medicaid.

***

JENNINGS, 53, and JONES, 55, both of New York, New York, each face a maximum sentence of 40 years in prison.

Mr. Bharara praised the investigative work of the FBI, DOI, NYPD, and the Drug Enforcement Administration in this investigation.

The case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorney Steve C. Lee is in charge of the prosecution.

The charges contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

CITY SALES TAX RECEIPTS UP 11% IN FEBRUARY: On Target for 16% Gain

Posted on March 22, 2012 by John Bailey

WPCNR THE SALES TAX TODAY. From Geofrey Gloak, NYSDTF. March 20, 2012:

The New York State Department of Taxation and Finance reported White Plains collected $30,643,323.29 in sales tax receipts through February 2012,

The city February Sales Tax handle was 11% more than February 2011.

If sales tax collections through the final four months of White Plains fiscal year 2011-12 equal last year’s figures ($21 Million) the city will top $51,6 Million in sales tax revenue, beating the forecast of $44.5 Milion by $7.1 Million. With a robust March featuring Restaurant Week and two St. Patrick’s weekends, March should easily beat March of 2011 figures, building sales tax momentum for a record sales tax year.

Westchester County saw a 5.3% GAIN IN SALES TAX RECEIPTS IN February and is up 3.3% on the first two months of their fiscal year 2012, which started in January.

WHITE PLAINS WESTCHESTER’S IDEAL COMMUNITY:BUSINESS COUNCIL SURVEY.

Posted on March 20, 2012 by John Bailey

WPCNR WHITE PLAINS DOLLARS. By John F. Bailey. March 20, 2012:

The Westchester Business Council in conducting a “volunteered” survey executed by Kraft Foods Research announced a glowing series of positives that attract persons under 35 to Westchester County: commutability, nightlife, parks.

With Mayor Thomas Roach looking on (second from right), and County Executive Robert P. Astorino (far right), Marsha Gordon, President, CEO of the WBC announced the survey found its focus group participants selected White Plains as the County’s “Ideal Community,” for its balance of urban/suburban amenities, walkability, municipal parking, nightlife, family activities, recreation and professional networking, diversity and commutability to Manhattan. Photo by WPCNR

Mayor Roach was complimented by County Executive Robert P. Astorino, as having “picked up the torch” to continue White Plains growth, said in brief remarks, that the county is in a “fight to stop the flight of youth from the county.” Astorino said his leadership planned to do that is to tackle the high cost of living and the high taxes in the county.

Mayor Roach (above) in his remarks complimented Mayor Joseph Delfino as being “instrumental in turning around the fate of this city,” in his development of the White Plains downtown through the City Center development, the Ritz Carlton project, and the resurgence of restaurants and entertainment in the downtown. Roach said he wanted to continue this momentum which he felt was due to the “volunteerism” of White Plains citizens in their willingness to help.

Roach said that in May, as part of a new effort to improve White Plains amenities, the city would launch a Bicycle Lane beginning at Dr. Martin Luther King Jr Boulevard north across the downtown to Water Street; from Water Street to the TransCenter (train station), and a reverse loop south on South Lexington Avenue to Post Road.

Roach said long term he would be working to gain city access to the Bronx River Reservation; that he has been in talks with General Motors, BMW to create a pioneering electrical car charging station with 10 charging outlets at the train station.

The Survey, Gordon said found “young professionals strongly desire to stay in Westchester – provided employment opportunities and appropriately placed housing exist,” and that Westchester is “desirable place to live for young adults due to its high quality of life, particularly in the downtowns,” and that Westchester is competing against areas in New Jersey and Connecticut “with more affordable housing and lower taxes.”

The survey was conducted among young adults under 35: one/third were students; one/third live here; and one/third live in Westchester and commute. The survey sample did not survey specifically persons under 35 living in their parents’ homes, Ms. Gordon told WPCNR. (College graduates employed, but living in their parents’ homes is a growing demographic in the county.”

The Business Council plans, based on survey results to launch a campaign to promote more mixed-use development in downtowns that mix retail,office space and residential development ( of which the White Plains City Center, the Ritz Carlton, and now the Metropolitan Plaza were forerunners.)

The Council wants to focus on “partnering” with Westchester County Department of Parks & Recreation and Friends of Westchester County Parks to create a program “to raise awareness among the young professionals of the County’s 18,000 acres of parkland.

An Internship Clearinghouse is being formed by the Workforce Investment Board to “connect local students with internship and job opportunities at Westchester businesses.”

Arts will be promoted to expand the ArtsWestchester website “to communicate additional activities for young adults in Westchester.”

Ossining was announced as a Pilot City, for a plan to “leverage best practices of other youth oriented communities and serve as a model to be potentially replicated and applied to other communities throughout the county.”

Communities determined by the survey as “Hot” are Katonah and Purchase for arts; Scarsdale and Rye for schools; Yonkers for waterfront and Port Chester for restaurant diversity.

Latimer Seeks State Senate Nomination, to Replace Retiring Oppenheimer

Posted on March 20, 2012 by John Bailey

WPCNR CAMPAIGN 2012. From George Latimer. March 20, 2012:

George Latimer, a longtime Sound Shore resident, businessman and public official, has announced he will be seeking the Democratic nomination for the New York State Senate, 37th District, currently held by Sen. Suzi Oppenheimer, who is not seeking re-election.

Mr. Latimer is a Westchester native, graduate of local public schools, with degrees from Fordham University (B.A.) and New York University’s Wagner School (M.P.A.). For 20 years, he served as a sales and marketing executive with major U.S. corporations, subsidiaries of Nestle and ITT, with on-site assignments with IBM and AT&T operations, among other responsibilities.

In his public life, Latimer has served as a member of the Rye City Council, and the Westchester County Board of Legislators, where he was twice elected Chairman of the Board, and ran a highly successful bi-partisan legislative administration for four years. He is completing his 8th year as a member of the New York State Assembly.

In the community, Mr. Latimer is a frequent volunteer with groups too numerous to mention individually, ranging from youth baseball to Helping Hands, and has served on many volunteer boards. He has been honored for his service by non-profit groups of all type, from local Chambers of Commerce to advocacy groups. He is a visible participant in the life of his home region in Westchester.

In a partial comment on why he is running, Latimer released this statement:

“Property taxes are too high, and I have worked hard to address that major worry many of us face; it always comes up as the #1 local issue homeowners are concerned about.

But I’m also worried that we are going to wreck the good things we’ve created, over many years: our transportation system, our police and fire protection, health care for our seniors and veterans, education for our kids, all because our political system has been captured by cynical politicians who play to people’s anger. Their voices are drowning out the reasonable and rational majority of us. Those politicians are trying to tear down the very things our grandparents and parents fought so hard to build.”

Give Us Our Money, Please, HUD, Astorino Demands

Posted on March 19, 2012 by John Bailey

WPCNR THE HOUSING NEWS. From the Office of the County Executive, Robert P.Astorino. March 19, 2012:

Westchester County Executive Robert P. Astorino today called on the U.S. Department of Housing and Urban Development to immediately release the $7 million in affordable housing money that it has withheld in an attempt to force Westchester to take actions that go beyond the terms of the 2009 housing settlement.

Astorino said that the U.S. magistrate’s ruling last week (See Friday’s story), clearly showed that Westchester County has been complying with the settlement and that it was time for HUD to start undoing the damage caused by its unilateral decision in May to withhold previously approved housing funds.

The county was forced to lay off five workers, abolish 10 jobs and curtail funds for various community organizations and many local governments as a result of HUD’s action to withhold what are called Community Development Block Grants (CDBG).

“HUD’s preemptive move to try to punish the county before the court had ruled in the case was unconscionable,” said Astorino. “The primary purpose of the money was to advance the progress of the settlement, so HUD was only hurting the people it claims to help. HUD’s actions were purely an attempt to get the county to do things that were not in the settlement. I took a principled stand to say HUD was overreaching. The court agreed. Now it is time for HUD to release the money and put its energies toward actually helping to build affordable housing.”

On Friday, Westchester County won a major victory in court when the federal magistrate in the case ruled that the monitor selected by HUD “erred in concluding that the County Executive violated the settlement.”

Astorino said he is sending a letter to HUD Secretary Shaun Donovan asking him to release the money immediately and he is also calling on the entire Westchester congressional delegation to intervene if the money is not released promptly.

“Going up against HUD has been like David against Goliath,” said Astorino. “But with the ruling by the magistrate, there is no good reason for HUD to withhold affordable housing money that it had promised to the county and our communities three years ago. It is time for the Congressional delegation to step up and be counted on the side of Westchester’s residents.”

HUD and the monitor had argued that the 2009 settlement compelled Astorino to sign source of income legislation that would have required property owners to accept government vouchers as rental payments, as well as the regulatory obligations that go with them.

Astorino challenged the federal government’s contention, saying that the settlement only called for the county executive to “promote” the source of income legislation “currently before the Board of Legislators” back in 2009 and that former County Executive Andrew Spano, who approved the settlement, met that obligation at that time.

U.S. Magistrate Gabriel Gorenstein sided with Astorino, saying: “We conclude that the parties did not intend the County’s duty to ‘promote’ obligated the County Executive to sign source-of-income legislation passed by the BOL.”

The magistrate also said that Astorino was within his rights to veto source of income legislation in July 2010 and supported that decision with case law, stating: “Courts must abide by the express terms of a consent decree and may not impose supplementary obligations on the parties even to fulfill the purposes of the decree more effectively.”

Gorenstein’s opinion then goes on to state: “Accordingly, we conclude that the able Monitor erred in concluding that the County Executive violated the Settlement by vetoing the source-of income legislation enacted by the BOL.”

Astorino vetoed the source of income legislation that came before him 2010 calling it “hopelessly flawed.”

“My decision was based on my belief that the legislation was a violation of basic property rights,” Astorino said. “Landlords who want to accept federal vouchers are free to do so, but it should not be compelled. This was a governmental intrusion that had the unintended consequence of actually working against the settlement because it would have made housing more expensive and less available.”

With respect to the zoning portion of the case, the magistrate ruled that the monitor is entitled to information with respect to zoning practices. The county believes this requirement was met on Feb. 29 (after the court papers were filed) when it submitted to the monitor its extensive review of 43 municipal zoning ordinances covering 853 zoning districts.

The county is awaiting HUD’s response and will continue to work cooperatively with the monitor and HUD going forth, Astorino said.

Despite HUD’s legal challenges, the county is ahead of schedule with respect to the settlement’s fundamental requirement of developing 750 units of fair and affordable housing over seven years in 31 mainly white communities. The agreement includes benchmarks for financing and obtaining building permits that must be in place by the end of each year. It also requires the county to market the housing in a way to primarily reach African Americans and Hispanics not only in Westchester but also in New York City and surrounding counties. The county faces severe financial penalties if it fails to meet certain benchmarks.

As of this month, the county has 206 housing units approved by the federal housing monitor, of which 196 have all financing in place and 108 units have building permits in place. Under the terms of the settlement with the U.S. Department of Housing and Urban Development (HUD), the county was only required to have 100 units with financing and 50 units with building permits by the end of 2011. The settlement calls for 200 units with financing and 125 with building permits by the end of 2012. The county expects to meet these benchmarks this spring, almost a year ahead of schedule.

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