Hockley Goes to Albany. Seeks Appeals Ruling on Election Law

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. October 27, 2009. UPDATED 10:59 A.M. E.D.T.: Councilman Glen Hockley, removed from the White Plains Mayoral ballot by the New York State Appellate Court, Second Department, Brooklyn in a ruling handed down last week, will file a brief with the New York State Court of Appeals in Albany this morning appealing for the highest court in the state  to reverse that decision.


 


According to Mr. Hockley’s attorney Nelson Kantor, Mr. Hockley’s grounds for appeal asks the Court of Appeals to reverse the Appellate decision in view of the liberal decisions made by the Appellate Court Third Department (Albany) that has upheld  candidates’ rights to be on the ballot despite their committing “fatal” technical violations of election law.


 


Kantor told WPCNR this morning, he is asking the Court of Appeals to rule on what direction the Court of Appeals collectively believes the1992 Election Law means. Kantor said that there has been a “dichotomy” of rulings between the Appellate Second Department which has strictly interpreted election law, following the letter of the1992 Election Law, while the Third Department has made decisions allowing candidates who have unknowingly failed to comply with strict election law procedures to remain on the ballot. WPCNR has requested a copy of  Mr. Kantor’s brief,


 


Kantor said his “show cause” brief does not ask for a stay of the Second Department’s order at this time, and is asking for an emergency ruling from the Court.  Presently, Kantor told WPCNR, Mr. Hockley remains off the ballot unless the Court of Appeals agrees to review the case and reverses the decision.


 


Write-In Campaign Waits in Wings.


 


Should the Court of Appeals deign to review the appeal, Hockley is poised to mount a write-in campaign, explaining it in his online Glen Hockley Newsletter:


 


“As you may have heard, the Appellate Division, 2nd Department, of the Supreme Court of the State of New York ruled against me this week and has effectively removed me from the ballot for the upcoming November 3rd election.  This ruling is a travesty to democracy and to the citizens and residents of White Plains.  The Board of Elections and Democratic Party have succeeded in trying to hand over the Mayor’s office to my opponent.  I will work as hard as I can for the people of this great city to have a choice for Mayor.  My advisors and I sat down and discussed our options and have decided to appeal.  We will be appealing ASAP.  We have to remember that we must prepare for the worst. 
 
In case that we lose our appeal, our last choice will be to write me in as your next mayor.  In order for this to happen, I will need VOLUNTEERS on November 3rd to let everyone know how exactly to write me in.  I have already prepared written instructions for the write-in and have included a link* for you to download these instructions.  The instructions are for the older lever-type voting machines.  Newer voting machines will also be used this year for the first time and I will include those instructions in a future email. 
 
I can only make this work with YOU.  This is YOUR election and you cannot be denied a choice on November 3rd.  If you are interested in volunteering, please send an email to hockleyformayor@gmail.com  Please provide me with your first name, last name, phone number and the time you are available.  I will need volunteers to handle the phones, distribute write-in instructions(only in the case that we lose the appeal) and anything else that may arise throughout Election Day from 6am-9pm.  Please forward this email to anyone you think is willing to help.  Thank you so much for your support.  It is greatly appreciated.  “

 


This is Mr. Hockley’s second historic trip to the Court of Appeals.


 


His first in spring of 2002, resulted in his winning his seat on the Common Council when the Court of Appeals ruled the New York courts could not decide elections or call for special elections in a disputed election result.


 


Mr. Hockley’s opponent in that race, Larry Delgado had won two earlier court rounds,  in which Judge Francis Nicolai had called for a special election in District18 in White Plains where a voting machine jammed, and that the Appellate Court, Second Department had expanded to a citywide election. The Court of Appeals reversed those two rulings, saying that Larry Delgado’s only recourse was to file a quo warranto action with the State Attorney General (then Eliot Spitzer), asking for Mr. Hockley to be removed from the Council. Subsequently,   after a succesful quo warranto action Delgado was installed on the Common Council, and Mr. Hockley removed. Hockley won back his seat in 2005, defeating Mr. Delgado.


 


Ironically, Mr. Hockley’s attorney in that successful trip to the Court of Appeals was Adam Bradley, his Mayoral opponent should the Court of Appeals reverse the Second Department decision.



 

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Candidate Answers to Biz Poll Vague.

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WPCNR CAMPAIGN 2009. From the Westchester County Association. October 24,2009: Citing vagueness and lack of specificity in responding to questions about issues impacting the business community, the leadership of the Westchester County Association (WCA) made public Wednesday evening the responses to a questionnaire that the WCA had distributed to the candidates for county executive and county legislator.


 


Developed by members of the WCA’s Advocacy Committee, the questionnaire focused on issues of importance to the business community including property taxes, the cost of the HUD settlement, consolidation of services, compensation for county employees, real estate revaluation, Playland and the MTA payroll tax. The WCA had requested the candidates provide responses to the questionnaire distributed in early October in order to prepare an analysis before the election so that its members could make an informed voting decision.


The analysis was the focus of Wednesday night’s 16th Annual Government Reception attended by more than 250 WCA members and government officials from the municipal, county, state and federal levels. Among those attending were candidates for county executive, incumbent Andrew Spano and challenger Rob Astorino, who addressed the gathering about their responses to some of the questions.


 

WCA Chair Alfred B. DelBello said that the questionnaire was the start of a process “to find out where our elected officials stand on the issues that are important to our members and the business community at large.” He added: “As most of you know, the WCA has been actively advocating for our elected officials to make the kinds of changes needed to keep our county and state economically viable. We have recommended the government sector adopt the best practices of the business community in the areas of compensation, efficiency, consolidation and privatization of the infrastructure, for example. In this difficult economic climate, the need for reform is even more critical.”

 

WCA President William M. Mooney said that the questions revolved around initiatives to lower taxes and create an environment that attracts and retains business. He felt the responses from incumbent and challenger alike did not give the kind of tough answers needed to change the status quo and that in some cases, the responses were clearly dismissive. Mr. Mooney stated, “Our goal is to provide the business community with the candidates’ views on issues that are important to our economic future in the hope that this will lead to informed decisions in the voting booth.”


To view each of the candidates questionaire results, please click here.

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Glen Hockley Removed from Ballot by Appellate Court.Delfino May Eye Assembly

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WPCNR WHITE PLAINS LAW JOURNAL. October 22, 2009 UPDATED 5 P.M. E.D.T. IN ITALICS.UPDATED 12:15 A.M. E.DT. OCTOBER 23: The Appellate Court of the State of New York, 2nd Department, has ruled in the appeal of Judge Francis Nicolai’s decision September 10, which allowed Glen Hockley to remain on the Mayoral ballot without filing a Certificate of Acceptance with the Board of Elections of Westchester County. The decision all but assures Adam Bradley, the present Assemblyman, running for Mayor on five lines will be the next Mayor of White Plains.


Mayor Joseph Delfino told WPCNR Thursday evening he would provide a “transition team” for de facto Mayor-Elect Bradley (by virtue of Hockley being removed by order of the Appellate Court), “if Mr. Bradley asks me for one, and after he wins.”


Asked what his plans were after January 1 when he will leave office, Mayor Delfino said he would clean his room (in his apartment in White Plains), saying how he had taken very little vacation in 12 years as Mayor. Asked if he had further political aspirations, and would he run for Mr. Bradley’s Assembly seat in the 89th District, considering the Mayor’s considerable campaign funds, Delfino said people had spoken to him about running for office again, and  though it was too early to say, “I would not rule it out.” 


Adam Bradley’s Assembly seat most likely will be decided in a Special Election to be called by Governor David Paterson after Mr. Bradley resigns in January when Bradley presumably, barring a write-in campaign by Mr. Hockley, will resign his Assembly seat.


One observer told WPCNR that Peter Harckham, the Westchester County Legislator from District 2, a resident of Katonah-Lewisboro, in Assembly District 89, is at this time likely to be the Democratic choice to run for Bradley’s seat. WPCNR has not contacted Bill Ryan of District 5, the Chair of the County Board of Legislators and a White Plains resident, as to whether he was intrigued by a run at the New York State Assembly.


The Appellate Court ruled unanimously to remove Mr. Hockley’s name from the Mayoral ballot in White Plains for failure to file the Certificate, ruling “the judiciary is foreclosed from  fashioning any exception to this requirement, however reasonable they may appear,” citing five previous cases decided in similar circumstances.


Glen Hockley told WPCNR he learned of the decision approximately 3 P.M. and is discussing the possibility of appealing the decision with his legal advisors. He told WPCNR, he had not made an legal moves yet to stay the order. He called the decision by the Appellate court,”an injustice coming from four justices,” that the justices put “process over fairness.”  He said if he decided not to appeal, he would continue his campaign as a “write-in” candidate.


This effectively elects Adam Bradley Mayor of White Plains by default, since Mr. Bradley remains the only Mayoral contender on the ballot, pending any possibility of appeal by Mr. Hockley.


Here is the Second Department decision in its entirety:


 



Decided on October 20, 2009


SUPREME COURT OF THE STATE OF NEW YORK


APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTREINALDO E. RIVERA, J.P.


ANITA R. FLORIO


HOWARD MILLER


L. PRISCILLA HALL, JJ.


2009-08864


(Index No. 19488/09)


[*1]In the Matter of Glen Hockley, respondent,


v


Westchester County Board of Elections, et al., appellants.DECISION & ORDER


In a proceeding, in effect, pursuant to Election Law § 16-102, inter alia, to validate an


independent nominating petition nominating Glen Hockley as the candidate of an independent body


known as “People Over Politics” in an election to be held on November 3, 2009, for the public


office of Mayor of the City of White Plains, the appeal is from a final order of the Supreme Court,


Westchester County (Nicolai, J.), dated September 10, 2009, which, after a hearing, in effect,


granted the petition, inter alia, to validate, and directed the Westchester County Board of Elections


Matter of Hockley v Westchester County Bd. of Elections (2009 NY Slip Op 07634)


http://www.nycourts.gov/reporter/3dseries/2009/2009_07634.htm[10/22/2009 3:07:00 PM]


to place the petitioner’s name on the appropriate ballot.


ORDERED that the final order is reversed, on the law, without costs or disbursements, the


petition, inter alia, to validate is denied, the proceeding is dismissed, and the Westchester County


Board of Elections is directed to remove the petitioner’s name from the appropriate ballot.


A candidate “designated or nominated for a public office other than a judicial office . . . by an


independent body . . . shall, in a certificate signed and acknowledged by him, and filed as provided


in [Election Law article 6], accept the designation or nomination as a candidate of each such . . .


independent body . . . otherwise such designation or nomination shall be null and void” (Election


Law § 6-146 [1]).


Although the record indicates that the petitioner candidate personally solicited and witnessed


many of the signatures contained in the nominating petition and personally filed that petition with


the Westchester County Board of Elections, it is undisputed that the petitioner failed to file a


certificate of acceptance. This failure to file the required certificate constituted a “fatal defect”


(Election Law § 1-106[2]), and “the judiciary is foreclosed from fashioning any exceptions to this


requirement, however reasonable they might appear” (Matter of Irvin v Sachs, 129 AD2d 827, 828;


see Matter of Rhodes v Salerno, 57 NY2d 885, 887; Matter of Carr v New York State Bd. of


Elections, 40 NY2d 556, 558-559; Matter of Carnahan v Ward, 44 AD3d 1249, 1250; Matter of


Pasquerella v Sunderland, 207 AD2d 515, 515; Matter of Sheehan v Aylward, 84 AD2d 602, 603).


Accordingly, the petition, inter alia, to validate should have been denied and the proceeding should


have been dismissed.


RIVERA, J.P., FLORIO, MILLER and HALL, JJ., concur. [*2]


ENTER:


James Edward Pelzer


Clerk of the Court

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Forbes Names White Plains America’s Third Most Expensive Place to Live

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WPCNR MAIN STREET JOURNAL. October 22, 2009: In an article comparing cost of living among U.S.cities and the world, Forbes magazine has determined that White Plains has moved on up in cost of living rankings. Forbes ranks White Plains Number 3 most expensive city to live in in the country behind New York and Los Angeles.


Since 2008, the magazine says, based on a sampling of the costs of 200 items, White Plains has risen from 89th most expensive city to live to 31st worldwide. The magazine notes:


Indeed, as unemployment grows and property values fall, it is becoming harder to make ends meet across the country. All 10 cities (Washington,D.C., Houston, Boston, Chicago, Miami, Honolulu, San Francisco, White Plains, Los Angeles, and New York), measured jumped in Mercer’s worldwide rankings. Out of 253 major metropolises around the world surveyed, New York this year ranked 8, up from 22; Los Angeles ranked 23, up 27 places from 2008. The top five most expensive U.S cities also saw their worldwide ranks surge: White Plains, a destination for expats, jumped from 89 to 31; San Francisco from 78 to 34; and Honolulu from 77 to 41.


To read  the Forbes report, go to:


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FEINER PREPARING GREENBURGH TOUGH BUDGET NOW.

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WPCNR THE FEINER REPORT. By White Plains Neighbor, Town of Greenburgh Supervisor Paul Feiner. October 21,2009: Budget season is here. I’m working with the Town Board and Comptroller, Bart Talamani, preparing the 2010 budget. This years budget will be released a week from Friday – October 30th. It will be a difficult budget. The town has lost substantial revenues. We’re down almost 8 million in ratables (due to tax grievance challenges). Our mortgage tax revenue is down by about 1.3 million. Sales tax  revenue down 12%. We’re required by state law to contribute more towards the pension system (50% jump). The state now requires additional contributions to the MTA. And—that is just for starter’s.


 


 


I have been meeting with all employees to discuss the need for cuts in our spending and anticipate significant cuts will be made in 2010.  Less fund balance (savings) will be used in 2010 than it was in 2009. Fund balance has been used every year to reduce tax hikes. We have to recognize the fact that our fund balance is getting smaller and we will have no fund balance left in a few years if we use it at the levels it was used in the past.  


The members of the Town Board (Sonja Brown, Diana Juettner, Kevin Morgan, Francis Sheehan & I) have been reviewing budget requests with department heads at work session meetings.   A series of meetings will be held in the community with residents, civic associations to discuss the budget cuts and budget after the budget is presented. The first community meeting will be held at the Greenburgh Library on Thursday, November 5th from 7 PM to 9 PM. If you would like to organize a community meeting on the budget please e mail townboard@greenburghny.com.


Town spending needs to be reduced. We need to reinvent the way government is operated. We can’t run government in 2010 as we ran it in previous years—at every level.  A Town Board created commission is currently reviewing the possible consolidation of the three paid fire districts (Hartsdale, Greenville, Fairview). In 2009 the three paid fire districts (which serve less than 73% of the entire town cost  28 million to operate. The police dept, which serves the entire unincorporated Greenburgh, cost 22 million.


I am determined to reinvent the way our government operates. The cuts that will be announced next week will be difficult but they are necessary.  If you want to call me to chat- these are my phone numbers: 993-1540 (office), 478-1219 (home), 438-1343 (cell).

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Biggest Losers in Governor’s Budget Cut: The Disabled –10% CURRENT YEAR CUT SEE

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WPCNR COUNTY CLARION-LEDGER. From the New York Association of Community  and Residential Agencies. October 21,2009: WPCNR has obtained an analysis of Governor David Paterson’s proposed across-the-board Budget Reduction Plan, from the New York Association of Community and Residential Agencies. The organization notes the governor is demanding a 10% cut in state funding for the next 5 months of the fiscal year that will directly impact the care of the disabled.


Here is a copy of that report:


The Governor’s proposed cuts will have very serious consequences for Richmond and all the organizations serving people with developmental disabilities.  Below is the action alert from our provider organization, NYSACRA (New York State Association of Community and Residential Agencies).


 Please reach out to your elected officials and please forward this email to friends and family with an introduction asking them to also make calls.  We need everyone’s help.


 Governor’s Budget Cuts Will Yield Painful and Devastating Systems Failure – Contact Your State Legislators



  Last week, Governor Paterson unveiled a Deficit Reduction Plan (DRP) to address the $3 billion current year (2009-10) budget deficit. The DRP includes 10% across-the board spending reductions for all state agencies. This translates into deep local assistance cuts which will adversely impact all human services agencies if enacted. The Governor has proposed a $65.4 million cut specific to OMRDD which would have a dramatic, negative impact on the developmental disabilities service delivery system. It is important to note that this cut is a mid-year budget cut (effecting the remaining 5 months of the State fiscal year), State share only, and in real figures when annualized totals approximately $375 million.


 To underscore the immediate critical nature of the budget crisis, the State Legislature has scheduled a series of public hearings to seek the impact of the Governor’s proposed DRP. NYSACRA will submit testimony to the State Assembly and State Senate as to the devastating effect these proposed cuts will have if enacted. In the meantime, it is important that State Legislators hear from you, parents, family members and individuals with disabilities as to the negative impact which severe cuts to developmental disability supports and services will have on the system.


 We expect the State Legislature to be back in Albany on Tuesday, October 27th for Extraordinary Session and purportedly to act on a budget reduction plan. Therefore, it is imperative that we commence this important advocacy movement through phone calls to State Legislators’ Offices for the remainder of this week. We urge you to reach out to your Board, staff, family members, friends and others in your community to contact their State Legislative Representatives as well.


Please contact your State Assemblymember(s) and State Senator with the following message:


 We understand and appreciate our state’s current fiscal crisis, but the Governor’s proposed cuts to developmental disability services will:


 •Devastate the OMRDD (Office of Mental Retardation & Developmental Disabilities) service delivery system


•Compromise the quality of care delivered to individuals with developmental disabilities


•Shut down critical programs in your Legislative District which serve your constituency


•Create job loss for direct support professionals and other key members of the workforce in our field


•Negatively impact local economies which are already suffering


•Result in loss of federal Medicaid funding as well as loss of revenue to the State



Please visit NYSACRA’s Action & Education Center on the NYSACRA’s website (www.nysacra.org) to obtain contact information for your State Senator and State Assemblymember(s) log on to the Assembly’s website at www.assembly.state.ny.us or the Senate website at www.senate.state.ny.us



NYSACRA continues to collaborate with our statewide association partners and other stakeholders to share information, jointly advocate against proposed State Budget cuts and to protect individuals with developmental disabilities in our State. We will keep you posted as to developments.


 

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First Candidates’ Debate Telecast on White Plains Public Access TV Channel 76/45

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WPCNR CAMPAIGN 2009. October 21,2009: The 1st Mayoral Candidate Forum Show is going on White Plains Cable Access Tonight October 21, 2009 at 11:00PM and Thursday October 22, 10:30PM. Other days and times to follow, first of its kind between the two candidates. Cablevision Public Access may be viewed on Channel 45 if you subscribe to Verizon FIOS and Channel 76, if you subscribe to Cablevision. The footage was shot by Carl Albanese of White Plains.

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State Budget Authority Office issues Critical Review of WP Urban Renewal Agency

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WPCNR CITY HALL CIRCUIT. October 20, 2009: The New York State Authority Budget Office (ABO) has issued a report of its review of the White Plains Urban RenewalAgency (URA) dated September 21, 2009. It found that the URA has not been in compliance with filing and other (state) requirements. According to the report, the URA has agreed to complywith the ABO’s requirements and to review its staffing arrangement to assess “its appropriateness.”


Here is the text of that report, obtained from the ABO website:



The Authority Budget Office (ABO) is authorized by Section 27 of Chapter 766 of the Laws of 2005 (The Public Authorities Accountability Act) to review and analyze the operations, practices and reports of public authorities, and to assess compliance with various provisions of Public Authorities Law and other relevant State statutes. This includes rendering conclusions and opinions regarding the performance of public authorities and to assist these authorities improve management practices and the procedures by which their activities and financial practices are disclosed to the public.


The Authority Budget Office (ABO) is conducting a series of compliance reviews of public authorities that have not filed required reports with the State for 2007 and 2008. The White Plains Urban Renewal Agency (URA) was chosen for this review because it has not filed its Budget, Annual, Audit, Procurement, or Investment Reports.


The purpose of this review was to determine why the URA is delinquent with its reports. We also reviewed its structure and operations to determine whether the URA acts in other ways to promote accountability and transparency in the absence of filing its reports.


Background of Agency


The URA was authorized by Title 14, Article 15-B of General Municipal Law. The URA is comprised of a five member board including the Mayor and four other members appointed by the Mayor. As a public benefit corporation, the URA is a governmental agency separate and distinct from the City. We found, however, that the URA operates as an extension of City government and is treated as a component unit of the City. The City’s Commissioner and Deputy Commissioner of Planning, Commissioner of Finance and the Corporation Counsel manage and administer the URA’s programs. The City provides office space and supplies to the URA, and deposits URA funds in the City’s accounts, since the URA does not have a separate bank account. As of June 30, 2009 the URA had over $195,000 in available funds, and had received approximately $86,000 in revenue for the year. The URA has an annual operating budget of approximately $70,000 which is used to reimburse the City for staff salaries and other costs, and to pay County refuse and sewer district fees on all of the properties it owns. 2


The URA is an active participant in the City’s redevelopment projects. It has prepared six urban renewal plans encompassing various projects throughout the City that are aligned with the goals of the City’s Comprehensive Plan. The URA received federal and State grants to fund major downtown revitalization projects as part of the plans, and these grant funds are earmarked for projects as approved by the URA Board. The URA uses these funds to acquire property associated with these projects, with the expectation of recovering its costs when the property is sold. The URA currently owns ten properties, three of which are parking lots that generate revenue. The URA issued $4 million in bonds to acquire four of its other properties. This debt is backed by the City. The URA intends to retire the debt by the end of 2009 using proceeds from the sale of the properties.


Failure to Submit Reports


We met with the City’s Commissioner of Planning, who also serves as the Executive Director of the URA. Although the ABO had previously notified the Executive Director that the URA was subject to the Public Authorities Accountability Act, continued to provide regular notice that the URA was required to file statutorily required reports, and notified the URA that its reports were delinquent, the Executive Director claimed that she was unaware of the reporting requirements of the Act, and believed that the URA had satisfied its reporting obligations to the State by including the URA’s financial information in the City’s annual report to the Office of the State Comptroller. The Commissioner indicated that the URA’s reports will be submitted in the Public Authorities Reporting Information System (PARIS), beginning with the June 30, 2009 reporting year. We note that the URA enrolled in PARIS subsequent to our review and is in the process of entering data in PARIS as of the date of this report.


Accountability and Transparency Actions


We found that the URA appears to have appropriate procedures in place for the administration of its urban renewal plans. The URA has adopted by-laws and the meetings of the URA Board are open to the public, with meeting notices published and minutes recorded. Further, the URA engages in a public comment period for each of its urban renewal plans, and utilizes the public input to develop, adjust and carry out these plans. The Board adopts annual budgets for each of its projects as well as for URA operations, and reviews quarterly financial reports regarding the progress of ongoing urban renewal projects.


However, we found that the URA needs to improve the accountability and transparency of its operations as a public authority. The URA would be more accountable and transparent if it used its public web site to make information on its operations and finances readily available to the public. Since our review the URA has taken steps towards increasing transparency by posting detailed 3


information about its ongoing urban renewal plans, operating budget and most recent Board meeting agendas and minutes on its public web site.


The URA holds title to three parking lots which are maintained and operated by the City. The URA receives approximately $38,000 in annual revenue from these lots. We found however, that the URA has written agreements documenting this financial arrangement for only two of the three lots, and both of these are outdated. The agreements were established over 15 years ago and were with the White Plains Parking Authority, which has been dissolved since 2004. As a result of our review, the URA indicated that it will prepare new lease agreements for all three parking lots.


The URA also owns the land beneath the White Plains City Center municipal parking garage. The URA does not earn any revenues from the operations of the garage but is required to pay the County refuse and sewer district fees for this property. We believe that the URA should enter a formal agreement with the parking garage tenants to at least recover these fees.


Of more significance, at the time of our review the URA had 12 employees on its payroll, none of whom are assigned to work for the URA. Staff positions are approved by the URA Board which allows the City to avoid civil service hiring policies and procedures. These employees all work for the City’s Planning Department, administering the City’s Community Development Block Grants and low-income housing assistance (Section 8) funds. The City transfers a portion of the grant funds to the URA payroll account which is administered by the City.


We are concerned that this staffing arrangement is inconsistent with a legal opinion issued in 1978 by the Office of the State Comptroller (78-294-A). This opinion held that employees of an urban renewal agency may not be utilized to perform work for municipal departments, even if those services are reimbursed by the municipality. Based on the ABO’s understanding, this opinion would prohibit URA staff from performing work related to the City’s community development and Section 8 programs. The URA indicated that this matter has been referred to the City’s Corporation Counsel to assess the appropriateness of this arrangement, in light of the State Comptroller’s opinion

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Father Dunne Pleads Guilty to Stealing $432,000, In Return for Reduced Sentence.

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. October 20, 2009: At  9:58 A.M. Tuesday morning,  Father Patrick Dunne, the  former priest of Our Lady of Sorrows since 1991, before he was removed by the Archdiocese of New York in December,2007 when an Archdiocese investigation discovered that over $400,000 (said to actually total over $2,000,000 according to Archdiocese sources),  was missing from the OLS parish,  strode into court to stand beside his attorney, Richard Ferrante.


 


Within twenty minutes, Dunne had left the court,  having plead guilty to Grand Larceny in the 2nd Degree, admitting he stole $432,000 from the church.


 



Father Patrick Dunne.


Photo, The District Attorney’s Office.


 


He will be sentenced January 12,2009. Judge Jeffrey A. Cohen said that incarceration for six months, plus 5 months probation, plus community service time on condition of continued treatment for the priest’s gambling addiction was under consideration.


 


The case was originally brought in June, 2009, when the District Attorney’s Office charged him with 2nd Degree Grand Larceny, (a felony with a maximum sentence of 5 to 15 years), stealing over $432,000 from parish accounts.


 


The District Attorney said that the priest diverted monies donated by parishioners for collection campaigns including the church building fund, a collection for Hurricane Katrina victims, and the weekly offertory.


 


The D.A.’s office said the priest accomplished this through writing and endorsing checks to himself and to “cash,” failed to provide an accurate accounting to church officials and “deliberately concealed the books and records relating to the parish development account.”



 Ferrante, Dunne’s attorney, after Judge Jeffrey A. Cohen of New York State Supreme Court opened the hearing, said, “Your Honor, we have a disposition in this case.”


 


Ferrante and Assistant District Attorney Nicole Gamble of the Economic Crimes Bureau approached the bench, while Dunne stood, clad in blue sport jacket,olive pants, blue-checked shirt and loafers. He stood with hands folded starting up in space, while the two attorneys conferred.


 


Last Thursday in a “lengthy” conference to determine readiness for trial, Judge Jeffrey A.Cohen had explored with the attorneys what Dunne faced if he proceeded to a full trial. Ferrante told WPCNR last week that Dunne would decide over the weekend what options he had. This morning, he took the Guilty plea as originally charged. 


                                      


After Judge Cohen and the attorneys were finished in front of the bench, the Judge stated that at the conference the judge had held last week with the attorneys, he had indicated to that he would sentence Dunne to “incarceration,” saying this morning to the court, the “incident”  involved $432,000, “a substantial amount of money,” “due to a gambling addiction.” Cohen said the sentence may be six months jailtime,  plus 5 months probation, plus community service,  under the condition he would continue treatment for the gambling addiction (which Father Dunne is undergoing now).


 


Cohen told the court that the church (Our Lady of Sorrows in White Plains), has been “made whole.”  The press officer for the Office of the District Attorney told WPCNR after the proceeding that the judge had indicated the Archdiocese of the City of New York had reimbursed the church for the amount Father Dunne had stolen.  As part of the guilty plea today, a judgment has been issued against Dunne in the amount of $432,000. Judge Cohen said Father Dunne “had the support of many people.”


 


Cohen has Dunne if he was pleading guilty to Grand Larceny in the 2nd Degree. Dunne grimaced and said, “Yes, Your Honor.”


 


Next the Assistant District Attorney read a series of questions which are a formality when a defendant pleads guilty. Dunne methodically answered, occasionally rocking on his heels.


 


Judge Cohen set sentencing for January 12, 2010, until which time, Dunne is free in his own recognizance. WPCNR advises that Judge Cohen has not passed sentence on Father Dunne officially, that will not take place until January 12.


 


Usually, when defendents on felonies plead guilty, waiving a trial and right to appeal, they are immediately remanded to jail in handcuffs. Father Dunne is free until sentencing January 12.

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Governor’s School Aid Cut Takes Away $1.3 Million from White Plains School Distr

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WPCNR SCHOOL DAYS. By John F. Bailey. October 16,2009: Governor  David Paterson’s extensive budget reduction plans announced yesterday, if enacted  as planned will cost the city school district $1,392,027, a 9% reduction in state school aid for 2009-10, not 4.5% as stated in the Governor’s news release, according to Fred Seiler, Assistant Superintendent for Business.


Seiler said that the school aid cuts are on a sliding scale with wealthier school districts paying 9%, and they include Harrison, Mamaroneck, Eastchester and Rye, according to a printout Seiler received Friday morning from the state. He said for example that while White Plains may lose 9% of its $13,736,444 the state said the district would receive this fiscal year, while Mount Vernon School District would lose only 3.5% and Yonkers 2.88%.


WPCNR estimated the district would lose 4.5% or about $500,000 based on the Governor’s news release, but this is not the case. Seiler said the district first found out about the proposed cut Friday morning. He said the district would do a few “what if” scenarios and “monitor” the situation. He said the bulk of the state aid is not paid until the spring, and that it is usually used to pay the school district share of the Teachers Retirement Fund payment in late fall, which this year is $7,030,535.

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