3rd Quarter Dismal in County

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WPCNR MARKETPLACE. From Cushman &  Wakefield, the Office Realty Specialist. October 9, 2009 (Edited): In the White Plains Central Business District (CBD), direct asking rents declined in the third quarter ended September 30,registering $32.35 psf, on par with the $32.32 psf last quarter but down more than $2.00 psf from the $34.66 psf one year ago.  The White Plains Non-CBD direct asking rents have remained steady over the last year, averaging $32.22 psf, on par with $32.28 psf last quarter and the $32.16 psf one year ago, according to a news release from Cushman & Wakefield.


 


 


Major transactions that occurred during the second quarter included the 52,649-sf lease signed by Con Edison at 100 Summit Lake Drive in Valhalla and Premier Health’s lease for 26,326 sf at 445 Hamilton Avenue in White Plains.


 


Its third quarter 2009 report for the Westchester County commercial real estate market, showing a continued downward trend across the county, but not significantly down.  Top drawer leasing activity of the most attractive office space (Class A), however, decreased significantly this quarter — totaling approximately 160,654 square feet (sf), down from 254,060 sf last quarter and 429,720 square feet last year at this time.  


 


 





WESTCHESTER COUNTY ECONOMY


 


Job loss in Westchester County continued at a steady clip in the third quarter, with the county losing an estimated 1,000 jobs per month from May through August. Overall the county has lost approximately 15,000 jobs since the recession began in early 2008. Roughly half of these jobs (43%) are in the office-using sectors. Even with this job loss, the county remains below that for the rest of the nation. Total employment in Westchester County is down about 3.4%, compared with 5.2% for the U.S. as a whole. We expect that as the U.S. economy moves from recession to recovery in late 2009 or early 2010, Westchester County will lag by a quarter or so leading to a recovery in the second half of 2010. 


 


A total of 195,684 sf of space was added to the market inventory this quarter, a 52% decrease over the 408,040 sf added last quarter.  Of that space, only 37,495 sf is sublease space, virtually all of which (31,443 sf) came from Pernod Ricard at 777 Westchester Avenue in White Plains.  Sublease space, however, represents more than 42% of the available space that’s been added to the market since this time last year. 


 


The overall Class-A space available in the county remained at 4.4 million sf (msf) in the third quarter, but increased by almost 13% from the more than the 3.9 msf available this time last year.  


 


Overall vacancies countywide for Class-A space registered at 20.5%, remaining on par with last quarter’s 20.6% and a substantial rise from the 18.3% vacancy rate of one year ago.  Direct space returned to market this quarter came primarily from WCI Communities (24,000 sf) at 115 Stevens Avenue, Valhalla, and Abitibi Consolidated (24,441) at 4 Gannett Drive, White Plains, which relocated out of state.


 


“While market conditions are still softening, they are more stable than many other markets around the country,” said Jim Fagan, senior managing director and head of Cushman & Wakefield’s Fairfield and Westchester County region.  “In the face of declining employment, Westchester County is able to persevere due to its diverse tenant base.”


 


Direct asking rents for Class-A space countywide at the close of the third quarter averaged $31.42 per square foot (psf), slightly higher from the $31.29 achieved last quarter, but down from $31.96 psf one year ago.  Although asking rents are stabilizing, taking rents have decreased by as much as 15% to 30% in the past 18 months and concessions, such as free rent and higher work allowances, continue to increase.


 



Overall absorption for Class-A space in the county in the third quarter totaled positive 14,602 sf, compared with negative 212,821 sf absorbed last quarter and positive 166,782 in the third quarter 2008.





Mr. Fagan said, “The art of being a great landlord is more important than ever.  In a market where the number and size of the tenants are remaining the same or declining, those landlords that can differentiate themselves will succeed.” 


 



INVESTMENT SALES


Two investment sales were executed this quarter: Ardsley Park (410 – 460 Saw Mill River Road), a six-building, 390,000-sf office/laboratory complex in Ardsley, NY, was sold by Purdue Pharma to OSI Pharmaceuticals for $27 million or $69/sf; and 399 Knollwood Road, a 152,030-sf office building in White Plains, NY, was sold by S.L. Green to RPW Group for $20.5 million or $140/sf.


 


Mr. Fagan added, “We expected 2009 to be a difficult year for investment sales, however, there is money out there,” said Mr. Fagan.  “Investors are sitting on the side lines waiting for the market to stabilize for them to feel comfortable enough to re-invest.”


 


 


 

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County Uncovers Elaborate Prostitution Ring Catering to WP Hotel Guests

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WPCNR POLICE GAZETTE. From News Reports. October 8, 2009: The Westchester County District Attorney, Janet DiFiore announced the end of a two year undercover investigation into a major upscale prostitution operation involving as many as 30 women who were sent on guest-requested rendezvous to major White Plains hotels, including the Crowne Plaza, and Residence Inn in White Plains, the Hilton Rye Town and Doral Arrowwood Hotel in Rye Brook, and Springhill Marriott Suites Hotel, the Marriott Courtyard and the Marriott Hotel in Tarrytown.


The operation was allegedly run by two residents of White Plains who recruited interested women and arranged assignments for them, and advertised the service on Craig’s List and the organization website.


Ms. DiFiore announced that Kenneth J. Fuina  of Devonshire Drive (off Rosedale Avenue in White Plains) and Shawana Smith of Barker Avenue in the heart of downtown White Plains were arraigned in City Court today, each on felony charges of promoting prostitution. Their bail was set at $100,000 cash or bond. Genevieve Margaret Peattie, of Forest Hills, Queens, was arraigned and charged with prostitution, a misdemeanor, and released in her own recognizance.


The District Attorney’s office conducted a two year undercover operation, with cooperation and help of the Rye Brook, Rye City, Greenburgh and Elmsford police departments.


The women dispatched to the various hotels billed $600 to $2,000 an hour for their time,according to the District Attorney’s Office.


The investigation is continuing.


Deputy Commissioner of Public Safety in White Plains,  Daniel Jackson, asked about whether White Plains Police participated in the District Attorney investigation wrote in a statement:


” I do not have any details on the case. I would suggest contacting the D.A.’s office if they announced the arrests. “

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Overtime Necessary When Police Staffing/Fire Staffing Depleted: Jackson

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WPCNR POLICE GAZETTE. Continued Questions & Answers With Department of Public Safety Deputy Commissioner Daniel Jackson continues. October 6,2009 UPDATED October 7 1:15 A.M.: With the confirmation that the city hiring freeze long said to be in effect by the Mayor’s Office, has been lifted to staff up the Police and Fire Departments due to both departments being down 10 in each department (as provided for in the current 2009-10 budget), WPCNR forwarded obvious follow-up questions to Deputy Commissioner Jackson late Monday evening.


According to that interview conducted Monday with Jackson via e-mail,  it appears that the new work schedules the police and fire personnel have been working the last nine months: 12  consecutive hour tours for the police, and 24 consecutive hour tours for the fire fighters, have not succeeded in cutting down overtime as much as was expected. Commissioner Jackson attributes this to the staffs being down. The department also faces chronic personnel shortages every year.


Jackson stressed to WPCNR Tuesday evening in a clarification statement that the new schedules were not designed to “eliminate” overtime, as stated by WPCNR in the previous paragraph: Jackson stated in an e-mail:



You asked about eliminating overtime not reducing it with regard to the schedules. Your assumption and editorial statement is incorrect in saying that the schedules have not cut down on overtime. The schedules have, in fact, reduced the amount of overtime needed to keep apparatus and police posts manned, as predicted. However, the vacancies coupled with the reduced OT budget compound the issue. Please correct that erroneous statement.


Jackson explained the need for the hires Tuesday, answering these WPCNR questions:


WPCNR: Are there plans to hire the other 10 next year?


DEPUTY COMMISSIONER DANIEL JACKSON: We always attempt to maintain minimal vacancies. When we get too far behind, it impacts operations and overtime. It takes considerable time to train an officer and a firefighter which factors in (overtime expenses).  

WPCNR:  Are we always going to be potentially 10 firemen and 10 police short? How many police and fire do we lose next year?



JACKSON : There is a good portion of both bureaus that are eligible for retirement at any time. Its hard to predict who will retire at what point. We almost always operate with vacancies, generally 5-10 

WPCNR: Since the fire department is on the new extended 24 hour shift, why is there a personnel shortage?


JACKSON:  The 24 hour shift has definitely helped our staffing issues.


However we still have to put firefighters on the apparatus – no work chart will solve the problem of too few bodies. It is like baseball – you need a first baseman, 2nd baseman, etc. Doesn’t matter how short or long the game is.

WPCNR: Same question with the police who are on the 12-hour shift. These new shifts were sold as being ways to eliminate overtime.


JACKSON: That is incorrect, the nature of police and fire work is such that you can never “eliminate” overtime and we never represented that.


We stated that the shifts would greatly reduce some types of overtime, and they have.


However, our overtime budgets have been greatly reduced which makes maintaining adequate staffing levels even more important than previous years.  

WPCNR;Does Commissioner of Public Safety Straub have a statement on the new hires, and a justification of it?



JACKSON: My previous responses as well as the above represent the views of the department and the Commissioner.

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Hockley Bradley Steel Cage Death Match at CNA

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WPCNR CAMPAIGN 2009: October 6, 2009:



The Candidates for Mayor of White Plains — New York State Assemblyman Adam Bradley and White Plains Common Councilman Glen Hockley — will take part in a Debate at the next meeting of the White Plains Council of Neighborhood Associations (WPCNA) on Tuesday, October 13, 2009.  White Plains Times Publisher Pat Casey will moderate the Debate.


Lou Bruno Co-President of the CNA requests residents to e-mail questions to be asked of the candidates to loubruno@wpcna.org.


The debate presents intriguing falling out of bedfellows:


Hockley first came to prominence in the city in 2001 when he was nominated for Common Council by the Democratic City Committee. Adam Bradley was the then chair of the City Democrats. In the election that year, Hockley and incumbent city Councilman Larry Delgado were in a close race as returns came in. Returns from District 18, a heavily Republican District, were running with Hockley slightly ahead. The Republican Party challenged the result, and in the subsequent court case the machine was opened and the machine was found to be jammed. Judge Francis Nicolai of New York Supreme Court ruled that there should be a new election in the jammed machine district. Bradley, acting as Hockley’s attorney appealed the decision.


The Appellate Court in Brooklyn upheld Nicolai’s decision, declaring only that the election should be citywide. Bradley carried the Hockley standard to the New York State Court of Appeals which threw out the Nicolai/Appellate Court rulings, on the grounds argued by Bradley that the courts do not, in election law, have the authority to call for new elections. Subsequently, Delgado filed a quo warranto action with the Attorney General (then the ill-fated Eliot Spitzer), which subsequently ruled in 2002 that Delgado had to be seated (based on affidavit evidence showing voters who voted would have voted for Delgado) on the Common Council and Hockley removed.


Hockley won reelection in 2005, ousting Delgado from the Council. Now, ironically Hockley and the Westchester County Board of Elections are embroiled in another case that is being appealed in Appellate Court. Hockley failed to return his Certificate of Acceptance after submitting 2,000 signatures to get on the ballot in November as an Independent, prompting the Board of Elections to deny him the ballot on a paperwork technicality.


Ironically, too, Judge Francis Nicolai, three weeks ago ruled Hockley should be put on the ballot because the Certificate of Acceptance was primarily, in the Judge’s written opinion, a vehicle to refuse an unwanted nomination. The Board of Elections is appealing the case to the Appellate Court which has the case at this time.


Hockley has accused Bradley of being afraid Hockley will beat him, and instrumental in puppeteering the Board of Elections to contest the Hockley placement on theNovember city ballot. Bradley has said he welcomes an opponent, and has denied any manipulation of the Board of Elections. Hockley has claimed the Board of Elections is part of the Democratic Party power structure which refused to renominate Hockley for his seat on the Common Council.



 

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WPCNR Report Confirmed by Public Safety: 5 New Police, 5 New Firemen to Be Hired

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WPCNR POLICE GAZETTE. By John F. Bailey. October 6, 2009: Deputy Commissioners of Public Safety Daniel Jackson  and John Cullen officially confirmed the WPCNR discovery Monday afternoon that the White Plains Department of Public Safety is hiring 10 new “replacement” personnel: 5 police officers and 5 firefighters. Here are the details from Deputy Commissioner Jackson, official spokesman for the Department of Public Safety in response to WPCNR  questions asked him early Monday evening:

WPCNR: I would like to confirm the Department of Public Safety is hiring about 10 new police and new fire personnel.


Jackson: Yes, we are planning to hire 5 firefighters and 5 police officers. 

WPCNR: Could you give me the details.


Jackson: The hiring date is currently set for October 19.

WPCNR: Are these replacements for officers who have left?


Jackson: Yes, these are replacements for police officers and firefighters that have retired during this fiscal year.




WPCNR: Are they replacing personnel who are funded in positions not filled?


Jackson: Yes these retirements have occurred this fiscal year, their positions are funded. There are additional vacancies that existed at the end of the 08-09 FY and those positions are not currently funded and remain vacant. The hiring is only to fill currently funded positions. 

WPCNR: Are these hires bringing the two divisions of Public Safety up to full strength?
Jackson: No, we have over 10 vacancies in both the police and fire bureaus so this effort will fill half of our vacancies. 


WPCNR: What is the reason for the hires, considering there is a supposed hiring freeze?



Jackson: The reason for the hires is that we are approaching vacancy levels that are going to impact our ability to deliver the level of service that the city requires. The drastic reductions in our 09-10 overtime budgets ensure that as the vacancies get to these levels, the safety of the public will be impacted. The Commissioner (Dr. Frank Straub) has been consistent in his message to the council and the Mayor, once we get to 10 vacancies, operations and overtime are impacted greatly. 

WPCNR: What is the present level of the Department? Are police and fire at full-strength?
Jackson: Both the police and fire bureaus each will still have 5 vacancies after this hiring so we are still not at full strength.


At the Common Council meeting Monday evening, Mayor Delfino introduced city employees who have completed 25 years of service, but did not make any announcement of the new police and firefighter hirings.

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City Unfreezes Hiring Ban — Hires 5 Firefighters, New Police. Council Unaware

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WPCNR POLICE GAZETTE. By John F. Bailey. October 5, 2009: WPCNR News has learned that the White Plains Department of Public Safety will be hiring 5 new firefighters, bringing the Department of Fire up to about 165 persons,4 short of what the department is budgeted. WPCNR has also learned that approximately 10 new police officers will be hired as well, paid for in the current 2009-10 budget.


WPCNR has asked the Mayor’s Office and the Department of Public Safety for confirmation of these hires which were agreed upon about one month ago, according to a highly reliable source. Neither the Mayor’s Office nor the Department of Public Safety has confirmed or denied the new hires –which apparently, according to WPCNR sources, are “replacement” hires.


 Councilperson Rita Malmud told WPCNR today the first time she heard of the new Public Safety hires was when WPCNR asked her about it this afternoon. Malmud, asked how this could happen when the city was supposedly in a hiring freeze, said the 2009-10 budget was passed, and in that budget a certain number of positions are allowed for, and that it is the Mayor has the discretion to fill those positions if they are funded. Last fall Mayor Delfino instituted a hiring freeze, but did not say that budgeted positions not filled were exempt.


The news of the hires comes when the city is reported facing a $12 Million budget deficit in the current year.


 


 


 


 

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CCOS Holds WHITE PLAINS CANDIDATES NIGHT OCT 14

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WPCNR CAMPAIGN 2009. From Concerned Citizens for Open Space. October 5, 2009: The White Plains Concerned Citizens for Open Space (CCOS) Candidate’s Night on Wednesday October 14 at the Ridgeway Country Club at 7:00. Each candidate will be given an opportunity to make an opening statement, and each group will be asked to respond to a number of questions. The forum will be free and open to the general public.  Candidates scheduled are:



County Legislature: Bill Ryan (incumbent), Bob Hyland.

White Plains Mayor: Adam Bradley, Glen Hockley.

Common Council: Tom Roach (incumbent), James Arndt, David Buchwald, Leonard Lolis, Beth Smayda.

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42nd ST. IN MONEY:GAUDY! SHADY! GLAM! TIMELESS LULLABY OF BROADWAY

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WPCNR ON THE AISLE. Theatrical Review By John F. Bailey. October 2, 2009: So I’ve got my fedora back on the back of my head, a Lucky lit up, and a gimlet on the rocks by the trusty Smith Corona Zephyr portable typewriter rapping this out and the tapping from Westchester Broadway Theatre’s 42nd Street just keeps my fingers flying over the keyboard.


 



Shannon O’Bryan as Peggy, with Todd Lattimore as Billie Lawlor :


Sheer, Unadulterated Brilliance!


Photos, Courtesy WBT, John Vecchiola.


 


 


 



Coming at you — The Kids in the Line– in spectacular opening number Audition


 


All you “Little Nifties from the 50s” and “Sexy Ladies from the 80s” who want to meet the elite, should take the I-287 to see Westchester Broadway Theatre’s greatest production of 42nd Street which won over the skeptical Opening Night audience turning it into a thunderous appreciative crowd whose bellows of bravos, whistles and non-stop applause brought back the company for a dancing encore with its effervescent bubbly — what’s-there-not-to-like leading lady —  Shannon O’Bryan, the ingénue Peggy Sawyer romping back on stage for one last fling with the audience.





From the wail of the overture from the octette orchestra bringing  this fabulous old score to life with that old humdinger,  Lullaby of Broadway, and jazz age classic,  In the Money melodies with their toe-tapping blues to swelling ballads all the way  to 2-1/2 hours later to the 15-minute all-stops-out thunderous driving, gaudy, ditzy, glitzy dazzling finale of the title song that brings the crowd to its feet, WBT’s 42nd Street is definitely “the elite.”


 


It features  the greatest dancing “ensemble” with the best looking “Little Nifties from the 50s” WBT has ever put on the old boards. The toe-tapping rhythms and spectacular costumes say “show biz”and create the Broadway dream everybody loves to believe.


 


When the ensemble shouts out the news “Julian Marsh is doing a show,” one of the top 10 musicals of them all turns onto the Express Line and never slows down, as this all-star lineup of 42nd Street veteran hoofers perform Audition, all thanks to Director and Choreographer Randy Skinner, who assisted Gower Champion on the Broadway production of 42nd Street. Skinner was nominated for Tony,Drama Desk,Outer Critics, and Astaires for that production. The lighting by Andrew Gmoser makes this “42nd” WBT’s most visually dazzling production in years and that’s before the talent struts its stuff and embellishes this broadway jewel.


 



 


Tom Galantich as Julian Marsh, a characature of legendary Broadway producers, stops the show when he convinces Peggy  (Shannon O’Bryan)to step in for the star of the show by singing to her of the Lullaby of Old Broadway in Act II. The set, Broad Street Station with its evocative old train station signs gives you the feel of the clickety-clack.


 


Ms. O’Bryan  lives in the Sawyer role, having done the 42nd Street national tour all over the country, on Broadway and in Russia, has the perky, believable moxy this role demands, the energy, and show biz presence that makes you root for her.You like her. She’s cute. Desirable and innocent all at the same time, truly a “little nifty fifty.” She’s got it:  the voice, just clear as a bell and belts ‘em better than Merman, pal – and she can dance.


 


For those would-be Broadway Babies who don’t know the timeless story. Here it goes in one  Broadway sentence: Sawyer arrives from Allentown late for an audition, lands the last slot in a  chorus line for Julian Marsh’s new show, and in tryouts she runs into the aging star of the show, Dorothy Brock breaks Ms. Brock’s leg – and the producer Marsh talks her into taking over the star role – the stuff Broadway dreams are made of. You know she’s going to make it—but 42nd Street makes the story of the build-up to opening night non-stop entertainment. Every girl who dreams of Broadway stardom loves this show.


 



 


Highlights—every scene is a highlight and WBT has spared no expense on this production and it shows: Todd Lattimore as Billy Lawlor — back row center, the male lead in the musical heading to Broadway, Pretty Lady, cavorts in one great costume after another. This is fabulous chorus line doing In the Money


 


 


 



Dorothy Stanley as Dorothy Brock and Michael Scott (Pat Denning).


 


Dorothy Stanley, portraying the ill-fated star Dorothy Brock has the diva mystique down perfectly – even to using her own pet dog in the show. Her plaintive “I OnlyHave Eyes for You” pining for boyfriend Pat Denning (Michael Scott) is striking. She brings her throaty, haughty contralto to focus on heart break quite believably.


 


Ms. Stanley,singing 42nd Street at the end of the First Act is just getting under way with this classic with a unique styling, when the accident with Ms. O’Bryan happens and boom Dorothy Brock is out of the show. The accident  is well choreographed and  even  foreshadowed in the script and still you don’t see it coming because Ms. Stanley and Ms. O’Bryan  pull it off so well. It’s too bad the accident does not happen at the end of the song because I’d love to see her full treatment of this song.


 


Then there are the throw-away numbers that seem in the show just because they are so much fun: Shuffle Off to Buffalo (simulating Pullman Cars, cleverly done), You’re Getting to be a Habit with Me, Young and Healthy with Lattimore and Ms. O’Bryan getting to know each other; Go Into Your Dance.


 



 


Derek Holland playing Andy Lee the chorus line boss – dances deftly with Sawyer – makes her shine – and simulates the work of whipping a show into shape with realism.


Holland, second from left, and Shannon O’Bryan, second from right,  Going into their dance. Chorus line showstopper!


 


This is great entertainment first staged in 1980 – another era of bad economic times (remember 20% inflation, gang) – is great escapist entertainment and you’ll be tapping your toes from the first beat to the last.


 


I doff my fedora to that slick, good-looking, high stepping chorus line, pastry-perfect cuties and sharp-dressed-men all:


Jenna Edison, Andrew Black, Jennifer Cameron, Andrew Charter, Justine Clark, Andrew Eckert, Meghan Garstang, Jordan Grubb, Andrew Hodge, Chris LeBeau, Ashley Peacock(a real stunner),  Matthew Schneider, Kelly Skidmore, Katy Wood (yes!) – never have so many costume changes been made so fast in such cramped space, so many hair irons coiffed so many 30s hairdos flawlessly fluffed and so many taps been tapped so breathlessly entertainingly.


 


 


The orchestra backed them up with the tireless nonstop play of a 30s dance-a-thon – those of you who were blowing and playing, we salute you —  Jeff Tanski, Musical Director and keyboards, Adam Laird, keyboards, Ken Ross, drums, Lewis Wyatt and Ron Kozak, reeds, John Reid on that fabulous blues trumpet, Jason Ingram on the bone, Arnold Gottlieb on bass. They delivered a bigtime Broadway sound in the little bigtime Broadway Theatre.


 


Sets – minimalist but serviceable.  I like the Broad Street Station set with the light big station windows particularly, and the big dimes in the In the Money Number. I also liked the interplay of lighting and fabulous costume colors in the over the top 42nd Street final number.It’s all good.


 


The show will take a break December 7, and return December 30  running to February – you could run this musical forever. It’s educational, it’s entertaining, it’s the show that says “show biz.”


 


 


To paraphrase Julian Marsh, “Don’t see this show for yourself, see it for the kids in the line.”


 


It’s Broadway that won’t make you feel bad. Broadway that lifts your soul and stirs those dreams of stardom you never give up.


 


It’s sheer, unadulterated brilliance! You won’t want to say good night til early in the morning when the milkman’s on his way.


 


BETWEEN THE ACTS


 


For tickets to 42nd Street and the rest of the WBT exciting playbill – contact 914-592-2222, or hit their website, www.broadwaytheatre.com.


 


WBT’s genial host, Steve Calleran also announced the WBT’s dynamite 2010 lineup: the blockbuster productions are Nine, (coming in February)  Sugar (based on the movie Some Like It Hot),  the Tony-winning Rent by the White Plains playwright, John Larson and Jekyll & Hyde.


 


I forgot to say that for the $70 for this show, WBT throws in your dinner too.


 


So go already1

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Ryan Undergoes Gall Bladder Surgery at White Plains Hospital

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WPCNR COUNTY CLARION-LEDGER. October 1,2009:  The Board of Legislators reported today: “After experiencing some physical discomfort on Saturday, September 27th and after seeing his family doctor,  Westchester County Board of Legislators Chairman Bill Ryan was admitted into White Plains Hospital Center.  The medical staff determined that the best course of action was to conduct laparoscopic gallbladder surgery. The procedure, one of the most common medical procedures, was completed quickly and successfully.”

 


“He is recovering comfortably, is eating and in excellent spirits, and is looking forward to returning to a full schedule of work as soon as possible.  Chairman Ryan‘s wife, JoAnn, has been by his side at the hospital.”


 


“I want all residents to know that I’m doing great and feeling fine, and can’t wait to get back to work,” said Chairman Ryan.


 


# # #


 


Additional news available at www.westchesterlegislators.com/mediacenter


 


_______________________________________

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County SEEKS TO OVERTURN NICOLAI RULING HOCKLEY CAN BE ON NOV Mayor Ballot

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey.OCTOBER 1, 2009. : Westchester County Attorney Linda Trentacoste reported to WPCNR today that a brief appealing New York Supreme Court Judge Francis Nicolai’s ruling that Councilman Glen Hockley should be allowed to remain on the November ballot for Mayor was filed yesterday with the Second Department of the New York Appellate Court in Brooklyn. No date has been set yet for a hearing on the matter.



Councilman Glen Hockley, right, with City Executive Officer Paul Wood, left, Tuesday evening. Mr.Hockley’s ability to run for Mayor is being challenged anew by the County Board of Elections with an appeal filed Tuesday.


The Board of Elections is appealing the ruling by Judge Nicolai that Mr. Hockley’s gathering of some 2,000 signatures half of them himself indicated he indeed intended to accept the nomination and that filing a Certificate of Acceptance was not primarily for the purpose of accepting a nomimination,but rather to decline a nomination.


The Appellate Court usually attends election matters promptly.


As of noon Thursday, Glen Hockley told WPCNR he had not been “served” with the notice of the appeal.


He told WPCNR, “They’re (the Board of Elections) are very much afraid, that’s why. To disrespect the opinion of one of the top judges. They don’t respect independent nominees. They’re afraid  (because) I’m not being part of this insider community. They hide behind trivial issues and not concerned with the issues they should be concerned with — that is to be sure people have a choice.”

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