Delgado Will Let Hockley Keep Council Salary Earned from March 02 to July 04

Posted on September 28, 2004 by John Bailey

WPCNR WHITE PLAINS LAW JOURNAL. September 28, 2004, UPDATED September 29, 2004, 12:noon E.D.T.: Councilman Larry Delgado announced Tuesday that he would not seek recovery of salary monies paid to Glen Hockley during the period Hockley served on the council.

Supporters of Mr. Hockley recently held a fundraiser for him at Dooley Mac’s (September 9) to raise money for legal fees to continue with his appeal. In invitations to that meeting, signed by Liz Shollenberger, Chair of the City Democratic City Committee, it was stated that “Delgado seeks to take more than $80,000 from Glen,” and quoting a six-month old WPCNR quote from Jeffrey Binder to that effect, as documentation, though no suit for back pay had ever been filed. Today Mr. Delgado issued this statement:

“In recent months there has been speculation and statements by others as to my intentions with respect to suing Mr. Hockley in a separate action to reclaim the wages he earned while acting as Council Member. I have often said that I considered such speculation to be wholly premature since a cause of action would not even accrue until there was a final unappealable judgment on the issue of the rightful winner of the election.

Section 63-b(4) of the New York State Executive Law (a.k.a. “The Quo Warranto Statute”) states in relevant part:

‘Where final judgment has been rendered upon the right and in favor of the person alleged in the complaint to be entitled to an office, he may recover, by action against the defendant, the damages which he has sustained in consequence of the defendant’s usurpation, intrusion into, unlawful holding or exercising the office.”

Even though this case has been prolonged by Mr. Hockley’s continuing appeals and notwithstanding the above provision of the statute, I have concluded that it is best to clear the air on this issue. Today I am announcing that should I prevail in the appeal (which I expect) I will not use Section 63-b(4) or any other potential legal remedy against Mr. Hockley for back wages. This case has always been about who was rightfully elected by the White Plains voters in the November, 2001 elections for Common Council. It has never been about reclaiming pay earned by Mr. Hockley.

I have already instructed my attorney to communicate this pledge to Mr. Hockley’s counsel.”

Hockley Supporters Reported Delgado Going After Hockley Back Pay.

The Hockley Fundraiser letter written to “Dear Fellow White Plains Dems:” from Liz Shollenberger on Mr. Hockley’s behalf may have apparently triggered this “clearing of the air” statement. A copy of this letter was obtained by WPCNR from an anonymous sender several weeks ago.

The beginning of the letter announces the White Plains Labor Coalition as holding a fundraiser on Thursday, September 9, for Glen Hockley’s Defense Fund, and after stating “Glen has a strong appeal,” and giving the particulars of the invitation, It contains the following paragraph at the close of the letter with Ms. Shollenberger’s signature “Liz” above it:

A footnote:

Some folks–even Democrats! — are tempted to be a little sympathetic to Larry Delgado, who, too, has been in legal limbo for these past two-and-a-half years. Please– save your tears.

Consider: first because the Attorney General brought the case to court, since December of 2002, the State of New York (you and me and all the other taxpayers), not Delgado, has borne the lion’s share of the litigation costs against Glen, while Glen has had to fund his defense, from supporters’ contributions, and, in large measure, from his own pocket.

Second, Delgado has behaved extremely dishonorably toward Glen: when the appellate court heard legal arguments over the statute of limitations, Delgado’s position–stated in open court–was that he wouldn’t DREAM of going after Glen’s slary, if Delgado were seated on the Council in Glen’s place. This was part of Delgado’s “logic” in persuading the intermediate level appellate court to buy a six-year statute of limitations for an action to overturn the results of an election. Now, however, Delgado has done a complete about-face. His spokesman was quoted in the press, saying “Mr. Delgado has now decided to seek full restitution from Mr. Hockley of all wages and pension contributions Mr. Hockley received during the almost 28 months Hockley has served” (July 8, 2004, CitizeNetReporter). Delgado seeks to take more than $80,000 from Glen.

The fundraiser attracted approximately 40 persons, according to a person who was present, at $50 minimum donation.

Jeffrey Binder, Mr. Delgado’s legal counsel, upon reading the charges in the fund-raiser letter, issued this statement to WPCNR: “After reviewing the limited caselaw and the facts, Common Councilman Delgado’s decision to forego suing for back wages was indeed the right thing to do for all involved. I agree with and applaud my client’s good will.”

Commissioner Denies Saying Conservation Board Approved Extension

Posted on September 28, 2004 by John Bailey

WPCNR City Hall Insider. By John F. Bailey. September 28, 2004: Commissioner of Planning Susan Habel contacted WPCNR Monday afternoon to tell us WPCNR misquoted her Thursday evening in the WPCNR report of the Common Council work session of September 23. The Commissioner said she did not know of the Conservation Board letter contents advising denial of the New York Presbyterian Hospital site plan extension until Friday morning after the September 23 meeting.

Commissioner of Planning, Susan Habel Explains it All at September 23 Common Council Work Session. Ms. Habel has advised WPCNR she was misquoted and explains. Photo by WPCNR News

According to Ms. Habel, she had called WPCNR to ask for a correction Friday, “I had called to let you know that your original article misquoted me in saying that the Conservation Board approved the renewal. I did not comment at the meeting on the Conservation Board’s position, I merely stated they were submitting a response, as were the other boards.” (WPCNR was not aware of her Friday call, apparently not picked up by the WPCNR Message Center.)

No Knowledge of Conservation Board Position Going In.

WPCNR asked if Ms. Habel knew what that response was at the time she conducted the meeting. She said she knew the next day (Friday morning). “I saw it (the Conservation Board Letter) the next day.”

WPCNR asked if, going into the Thursday evening meeting if she had any idea of the Conservation Board’s position. Ms. Habel said, “No.”

Ms. Habel was quoted by WPCNR in the article covering the Thursday evening Common Council Work Session meeting as saying: “With respect to any changes (in the conditions), the Planning Department, Traffic Department, Conservation Board, Planning Board found no impacts and changes in circumstances that would affect this extension.”

WPCNR asked if Rod Johnson her Deputy Commissioner of Planning, Secretary to the Conservation Board had told her of the Conservation Board position as it was reported in the Board letter to the Planning Department prior to the Thursday evening Council meeting.

Reparations with Roston

Ms. Habel said, “No. I didn’t know of it. I was very concerned because when I saw you said I said they approved it, I was very concerned. I spoke to Rod. And I called Roston. Rod had brought me that morning (Friday A.M.) he brought me in the letter and I read the letter and I immediately called Roston and I told Roston I didn’t want him in any way to think that I was trying to say (what) the Conservation Board was (doing), because we have a personal and professional relationship and I wasn’t about to let Bob think that I would make a misrepresentation of the Board. I told him I had called and left a message for you to request that information be corrected. If you want to verify that with Bob, please feel free to do so.”

How “Staff” and “Board” Comments Reach Council.

Ms. Habel explained the document tango as official comments are disseminated to the Common Council and the choreography of the comment in question:

“Then it (the letter) is worked on between Rod (Johnson), and Bob (Roston) and the staff then it gets submitted up to the council. I frequently do not see their letters until they go in for the Council agenda. It was not a meeting that I was going to comment on. There was no reason for me to comment on the Conservation Board. The Conservation Board is perfectly capable of commenting itself.

“The only reason I commented on the others was I was at those meetings. I was a participant. I’m a member of the Traffic Commission. I worked with Tom Soyck. And I’m staff to the Planning Board, so I can comment on meetings I was at. I would never comment on a board’s action I was not present at. It would be inappropriate. Because then a Councilmember could ask well, what did they mean, and I have no idea what they mean. Their letter will explain what they mean. It is not appropriate for me to comment on other boards and commissions.”

Rod Johnson off duty.

Ms. Habel also reported that Rod Johnson was not at the Conservation Board meeting Monday evening (September 20) when the Board position was finalized (the 20^th is the date of the highly critical Conservation Board letter) according to Mr. Roston:

“You can check with him. Rod was not there that night,” she said.

WPCNR asked why wouldn’t Mr. Johnson discuss the letter with her, since the Roston letter was dated September 20?

Habel replied, “There’s no reason for Rod to discuss it with me. It’s the Conservation Board’s letter. It’s from the Conservation Board to the Council. I asked for it after the fact. But, there’s no reason for him to have to discuss the Conservation Board’s letter with me. I don’t run the Conservation Board. If they ask for information from the Planning Department and it’s appropriate, we prepare it for them. Rod is perfectly qualified to staff that Board.”

Asked why Mr. Johnson would not relay how the Board felt about the extension since the Work Session was coming up, Habel explained, “Rod was not at the Monday meeting.”

WPCNR mused, wouldn’t he be interested at all, since he’s Secretary to the Conservation Board. Habel responded, “He gets the communications when Mr. Roston has them completed and then he speaks with Mr. Roston about them which they did.”

WPCNR asked if Mr. Johnson was out of the office all last week:

Habel said, “No, he was not out all last week. How could he have given it (the letter) to me last Friday if he was out all week? He was out Monday night. He was not at the Conservation Board’s meeting. I can’t tell you what day Mr. Roston got the draft letter to the Planning Department. I have no idea.”

Roston Letter from Conservation Board Delivered Wednesday.

WPCNR informed Ms. Habel that the letter, according to Mr. Roston was delivered personally by him to the Planning Department Wednesday, the day before the Thursday night Council Work Session.

There was a three second pause before she answered, Habel said, “Oh, you know that?”

There was another quiet pause, “Then you know something I didn’t know. We have a lot of work we do around here. We each do our jobs. I have huge respect for my staff. I don’t watch over them, and I don’t second guess them.”

Board and Department Positions Not the Issue of the Meeting.

WPCNR expressed puzzlement, saying, “I don’t understand why you ( Ms. Habel) didn’t just say that the Conservation Board, we don’t how they feel about it, or something like that.”

(Ms. Habel, to other observers in the meeting had indicated strongly that to her knowledge the boards and departments felt that the changes in the city since the approval should not effect the NYPH site plan extension.)

“John, if I’d known you wanted me to say that, I would have. It didn’t come up as anything that any of the members of the Council seemed to be concerned about. None of them asked me. That wasn’t really what our discussion was about. Our discussion was about whether or not the one year rule (requiring substantial construction on a site after approval for an extension after one year ), did or did not apply. I was making the argument, stating the case, maybe poorly maybe well, I don’t know, you’ll have to ask the council, that it did not apply because there were other conditions necessary to be fulfilled before they could even get that point (starting actual construction). That’s what my purpose was to say, not to talk about other boards or anything else, so you got my point, that’s what my point was. That was reported accurately. The only thing that was reportedly inaccurately was that I said that the Conservation Board recommended approval, and I did not say that.”

Not ambiguous

WPCNR suggested her comment at the meeting as quoted, though denied, was ambiguous.

Habel said, “No, I wasn’t ambiguous, I said there would be a communication from the Conservation Board to the council, from the Traffic Commission, from the Planning Board. And I said I know the Planning Board and the Traffic Commission have recommended granting the extension. I don’t consider that ambiguous. If you do, I’m sorry. But I don’t.”

WPCNR thanks Ms. Habel for this clarification.

Roston Notes Johnson Should Have Known Conservation Board Was All Over It.

WPCNR checked back with Robert Roston, Chair of the Conservation Board. Mr. Roston said Monday that the position of the Conservation Board on recommending the site plan permit not be extended was discussed at length at previous meetings prior to Monday evening’s meeting when Mr. Johnson was present. Roston said Johnson knew full well the Board was going to recommend against the approval.

For the Record:

Ms. Habel at the request of WPCNR quoted the ordinance spelling out the one year rule regarding the substantial construction requirement: unless other provisions are specifically provided in the approval of a site plan, then the one year of substantial construction applies.

Habel explained why, in her opinion, the hospital is entitled to yet a second extension of the site plan under this ordinance proviso: “In this case there were specific conditions precedent that the hospital has been diligently pursuing and fulfilling (that prevented substantial construction from starting).”

In Pursuit of Immortality In Virtual Silence

Posted on September 27, 2004 by John Bailey

WPCNR PRESS BOX. View from the Upper Deck. By John Baseball Bailey. September 27, 2004: Perhaps the worst sin of the media fascination with the second best (the wild card race) is that Seattle Mariner Ichiro Suzuki’s pursuit of the immortal George Sisler’s record for most hits in a season has been ignored until two days ago.

Sunday, the great Ichiro went 1 for 4 in Texas, with an intentional pass, to bring him to 251 hits for the season, 6 Hits to go to catch George Sisler’s record of 257 hits in a season, set 84 years ago in 1920. He needs a hit a game to break the record.

View From the Upper Deck: Sportsman’s Park, St. Louis. 1946 Where George Sisler played in the 20s. Photo of print, “Spendid Sportsman’s Park” by Bill Pudom , from the WPCNR Collection.

If Ichiro achieves those 7 hits, he will be the all-time season hit leader, ahead of names that glitter with the sparkle of excellence on the diamond. Writing their names gives a fan chills. He will be ahead of Lefty O’doul (Phillies) and Bill Terry (Giants) at 254; Al Simmons of the A’s at 253.

ICHIRO SUZUKI about to Swing. A stance reminiscent of Mel Ott.

Photo of Seattle Mariner Team Store Brochure Cover, 2001 from the WPCNR Collection.

Ichiro has already surpassed Rogers Hornsby of the Cards and Chuck Klein of the Phils at 250 hits , moving into All Time Hit List Position Number 5 on the single season hit parade. Ichiro did this when he surpassed Ty Cobb at Number 7. The Georgia Peach hit 248 hits in 1911 when The Cobb hit .420 for the “Tagahs,” as Ernie Harwell called them.

Do you know that Ichiro is hitting .373. No, you probably do not, because the media has just discovered this chase until now.

Gorgeous George

Who is George Sisler? He played the game from 1915 to 1930, hit .340 lifetime with 102 homers and 1,275 Runs Batted In. He played first base for the St. Louis Browns (presently, the Baltimore Orioles). Sisler hit .400 twice. In 1920 he hit .407 pounding out 257 hits in 637 trips to the plate. He did it again in 1922, batting .420 on 246 baseknocks in 586 AB’s. The .420 average is the second highest major league batting average recorded in a season. (Rogers Hornsby hit .424 in 1924).

The Immortal George Sisler.

Photo by Charles Conlon, The Sporting News Conlon Collection, from the WPCNR Archives.

When Sisler hit .407 in 1920, his St. Louis Browns finished 4^th, 22 games behind the Cleveland Indians. In 1922, when he recorded his .420 achievement, the Browns lost the pennant by one game to the Yankees. Of his 257 hits in 1920, he belted 48 doubles, 19 homers, scored 137 runs and drove in 122. In 1922 when he hit .420, “Gorgeous George” as he was nicknamed he got 246 hits, including 18 triples, and also had a 41-game hitting streak, striking out only 14 times in 586 at-bats. Ichiro doesn’t strike out much either.

Bill James the baseball statistics expert quibbles that statistically Sisler had a lower on-base percentage than first basemen such Fred McGriff, Alvin Davis, Earl Torgeson, Jack Clark, Mike Schmidt, Mark McGwire and Gene Tenace, James also asserts he was not as good a fielder as sports accounts give him credit as being.

Ty Cobb, on the other hand, who played with Sisler said Sisler was “the nearest thing to a perfect ballplayer.”

Sisler started as a pitcher in 1915 with the Browns, good enough to outduel Walter, The Big Train Johnson twice. Sisler ranks 31^st in all-time hits (2,812). His lifetime B.A. of .340 ties him with The Iron Horse, Lou Gehrig.

Nevertheless as of today Suzuki needs six hits in his final seven games to become the all time single season hit leader.

The Sewer Waits: Main Street Sewer Lining to Begin Monday Oct 4.

Posted on September 27, 2004 by John Bailey

WPCNR WHITE PLAINS UNDERGROUND. September 28, 2004 UPDATED: American Water Services’ lining of the Main Street sewer line will begin Monday, October 4, Commissioner of Public Works Joseph Nicoletti stated to WPCNR Tuesday. The process of lining the Main Street sewer line in White Plains from Mamaroneck and Main to Dr. Martin Luther King Jr. Boulevard, WPCNR had been told by the Commissioner would start Monday, but Mr. Nicoletti said there had been some confusion on the date.

The lining and its process is a precautionary measure that both the City Center developer, Louis Cappelli, and the city administration have agreed to undertake at the strong urgings of Mr. Nicoletti to assure efficient, regular flow of effluent from the City Center. The cost is being covered by Mr. Cappelli’s Cappelli Enterprises. The firm executing the procedure, American Water Services, has been selected by the city.

Commissioner to Supervise Precautionary Lining Process: Commissioner of Public Works, Joseph Nicoletti, shown at the recent Sculpture Garden opening in White Plains. Mr. Nicoletti lobbied the Administration and the Cappelli organization to conduct the procedure to give the 100 year old sewer line a “21st Century Makeover.”

Photo, WPCNR News Archive.

The 16-inch sewer pipe was prepped, cleaned and inspected two weeks ago in preparation for tonight’s surgical operation consisting of lining the pipe with a 1/2-inch epoxy liner on its interior surface to enhance the flow velocity. Nicoletti told WPCNR today the process is known as a “Cured In Place” lining and will “improve flow capacity inside the pipe.”

Asked how much it would improve the flow, Nicoletti said “It’s been my experience it will improve it significantly.”

To learn about the procedure, visit www.americanwaterservices.com.

Hold on, Ms. Habel. Conservation Board Nixes Extension of NYPH Site Plan

Posted on September 26, 2004 by John Bailey

WPCNR City Hall Insider. By John F. Bailey. September 26, 2004. Updated 10:45 P.M. E.D.T.: Contrary to what the Common Council was lead to believe at its Special Meeting last Thursday evening, by Commissioner of Planning Susan Habel, not all of the city review boards and commissioners are in favor of extending of the 2002-approved site plan authorizing the New York Presbyterian Hospital to build a proton accelerator/biomedical research complex in the middle of its property in White Plains.

The Conservation Board has sent a letter to the Planning Department strongly opposing the granting of the extension. Two councilpersons who have responded to WPCNR have said they have not yet received this letter, or any information as to its contents.

In the letter, the Board expresses fear the planned proton accelerator will not be funded, and approval of the extension may lead to developing the site for other uses. Developers in White Plains have shown they have tendencies to change the character, size and purposes of projects after they have been approved. The Conservation Board fears this may happen to the site in the site plan approval is extended. (No construction has begun on the project, according to Ms. Habel, because of the restrictions and conditions the Common Council has put on the project.)

Delivered Wednesday to Planning Department.

The Conservation Board position, expressed in a letter delivered to the Planning Board, Wednesday, September 22, the day before the September 23 meeting, and was not relayed to the Common Council in the Thursday evening meeting by the Commisioner of Planning. Documents such as this are routinely included in the “backup” material for the Common Council meeting when the Common Council votes on the matter before it. Councilpersons have complained bitterly in the past, (William King), that the material does not arrive in enough time before the Council has to vote on the matter.

No objections to extension Habel said.

Ms Habel lead the council to believe throughout the portion of the meeting devoted to the site plan extension discussion that all the commissioners and review boards and departments asked for comment felt conditions had not changed substantially from when the project was approved, and that the site plan should be extended.

Tom Roach, President of the Common Council, still had not received the Conservation Board letter as of Sunday at 1:00 P.M.

The Conservation Board says No Way.

The Conservation Board comments in the letter, that development has changed the city substantially since the August ,2002, original approval. The letter, obtained by WPCNR, says that,

“Since the August 5, 2002 Resolution was adopted, the City has seen numerous areas of developments including City Center, Bank Street, Clayton Park, development at 221 Main Street and many others.

This Board has great concerns regarding the cumulative impact of these developments as well as the proposed Hospital Development.

These developments will impact the quality of life of White Plains residents, the quality of the air we breathe, noise, automobile emissions, pedestrian safety, and traffic.

The visual impact of this project alone would cause a disruptive and irreparable effect on the natural beauty of the site and greatly reduce the amount of passive green space in the heart of this city.”

Questions Proton Accelerator As Presently Specked

The letter notes that constructing the proton accelerator facility would be “very expensive,” that “number of successful treatments as compared to patients treated is dismally small” and states the federal funding “for this type of project is virtually impossible to obtain.”

(Editor’s Note: the comment about number of successful treatments is a matter of controversy, however. The Paul Scherrer Institute in Villigen, Switzerland, system, a newly designed, compact, more accurate and powerful proton accelerator system, that has been selected by a clinic in Munich reports an 85% tumour-stop rate. The PSI compact proton accelerator is reporting treatment of 166 patients for tumours since 1996 at the basis of the skull, the pelvis and the prostate, and in 85% of the cases, the tumour growth was stopped.)

However, the concern about the treatment ratio is ancillary to the Conservation Board’s salient point which worries that the New York Presbyterian Hospital will change the project as approved:

“we are concerned that this project, as proposed, may not be economicably feasible and continued approval may eventually result in significantly different structures and uses.”

The letter concludes with no equivocation on the matter that would lead any one to think that the Conservation Board had reservations, but was waiving them:

“On August 20, 2003, this Board recommended that a one-year extension for this project not be granted.

Again, this year White Plains has the opportunity to reject the application for a one-year extension of the August 2002 Resolution. This Board supports the rejection of this application.”

Why would Ms. Habel Not Mention the Conservation Board position.

Contacted by WPCNR, the Chairman of the Conservation Board, Bob Roston, said the Commissioner of Planning should have known the Conservation Board position before going into the meeting, because the Deputy Commissioner of Planning, Rod Johnson, is Secretary to the Conservation Board.

Roston said the letter was sent to the City Planning Department Wednesday, which types it up and sends it to the Legal Department, and then the letter is sent to the Mayor and Common Council.

As of Sunday at noon, Tom Roach, the President of the Common Council said he had not received the letter. Councilman Benjam Boykin and Councilwoman Rita Malmud were contacted and messages left to see whether the Common Council has been informed of the letter content, but it being Sunday, they were not available to take the call.

Malmud: No information on this subject as of Sunday Evening.

Councilwoman Malmud got back to WPCNR Sunday night and verified that she, too had not received the Conservation Board position letter, either. She wrote WPCNR:

“As of Sunday night, 10:30pm, Sept 26, I have not received any Conservation Board letter about NYH within the past several weeks. Your phone call was the first info I had on this subject.”

Playland Ice Casino Tradition Since 1929 Opens Wednesday

Posted on September 24, 2004 by John Bailey

WPCNR ICE CAPADES. From Westchester County Department of Recreation & Parks. (Edited) September 25, 2004: Playland Ice Casino — Westchester’s premier family ice skating facility all spruced up, repainted and bright as S. P. Teri skating blade — will begin the 2004-2005 regular public skating schedule on Wednesday, September 29.

PLAYLAND ICE CASINO. Sketched by N. John LaGattuta of Harrison, NY.

Playland’s Ice Casino’s facilities include three indoor rinks: main, children’s and studio, which can accommodate a total of 1,100 skaters. All are kept at a comfortable temperature for skaters throughout the fall, winter and spring seasons. The Ice Casino also features expanded holiday hours on the main and children’s rinks.

Once again, this year the Ice Casino will host the popular Saturday Family Skating Nights from 7:30 to 10 p.m. Admission to Family Skating Night is only $20, which covers up to four family members and includes admission, skate rentals and one large pizza.

One of the pleasures of ice-skating at Playland Ice Casino, is the nostalgic Boardwalk and the art deco architecture of long ago. It took the fancy of amateur artist N. John LaGattuta of Harrison who has sketched it for his own pleasure. Sketch (c) 2003 by N. John LaGattuta. Used with permission.

Fridays are Party Nights with a D.J. from 8:30 p.m. to 11 p.m. Party Nights include special lighting effects, the best of today’s pop and hip-hop music plus prizes and giveaways. Admission is $10 which includes skate rental.

General admission to the Playland Ice Casino is $6 for adults, $5 with a Westchester County Park Pass, and $4 for children 12 and under, $3 if accompanied by a Park Pass holder. Students pay $4 on weekdays, (except Party Nights) and Seniors pay $4 with a Park Pass. Spectators pay $2.

The Dignified Bath House.

Ice skating clinics and classes will be given by professional instructors through Playland’s Ice Skating School; lessons are available by group session or individually by advance reservation, with instruction geared to skaters of every level of ability. Children’s hockey clinics are also offered throughout the season.

Families, schools, corporation and other organized groups can reserve the Ice Casino for birthday parties and other special events. Services and facilities at the casino include a video game room, snack bar and lounge.

A view of the Log Flume, Playland and the famous Playland Tower.

The Playland Ice Casino is a facility of the Westchester County Parks Department. It is located in Rye and can be reached via I-95 (the New England Thruway) to Playland Parkway, exit 19. Follow the parkway directly into Playland Park. Parking for the Ice Casino is free.

For more information about lessons, rental or facilities, call (914) 813-7059. Information about the Playland Ice Casino is also available by logging on to www.ryeplaylnd.org.

Sketch Artist, N. John LaGattuta.

WPCNR noticed the World War II Veteran from Harrison sketching the Casino last week at Playland. WPCNR thanks him for sharing his personal art with our viewers. Photo by WPCNR ArtsCam

THE PLAYLAND ICE CASINO, September 16, 2004. Photo by WPCNR News.

NYPH Research Facility Proton Accelerator Is Obsolete.

Posted on September 24, 2004 by John Bailey

WPCNR EAST END INSIDER. By John F. Bailey. September 24, 2004: WPCNR has received a communication from the developers of the compact proton accelerators being installed at the proton therapy center in Munich, Germany, as reported on the SwissInfo website Friday.

The Paul Scherrer Institute in Villigen, Switzerland has developed a compact proton accelerator that is more powerful, and more precise the Loma Linda, California, Proton Accelerator, which would appear to mean the New York Presbyterian Hospital accelerator planned for the former Driving Range on the NYPH property, that will not come on line on the White Plains NYPH, until 2007 (WPCNR estimate) or later, is obsolete now.

SWISS SHOCKER Received Today at WPCNR. Head of Proton Therapy notes compact proton accelerators far less expensive to install, and are more powerful than Loma Linda model approved for New York Presbyterian Hospital Campus. New York Presbyterian Hospital could not be reached for comment. Photo by WPCNR News.

Swiss Info, “Switzerland’s News and Information Platform,” in an article published today in Europe on the worldwide web reports the new “compact proton accelerators” created and manufactured by the Paul Scherrer Institute are being looked at seriously by Britain, Italy and France to “target tumours.” The service reports the compact accelerators are being installed for use at a private proton therapy clinic in Munich, Germany, and will be treating patients with the “mini-proties” in 2006.

ACCELERATED AFFORDABLE PROTONS HOT IN MUNICH: The complete text of the article from Swiss Info published today may be found at http://www.swissinfo.org/sen/swissinfo.html?siteSect=511&sid=4911065. the article notes the effectiveness of the new compact proton accelerators and their economical cost to install. Photo by WPCNR News.

WPCNR contacted the Paul Scherrer Institute in Villigen, Switzerland early Friday morning, asking if their compact accelerators were an improvement on the Loma Linda model NYPH is planning at the present time, which appears on route to an automatic extension by the White Plains Common Council. WPCNR also asked how they compared on a cost-to-construct basis.

WPCNR received an answer from Martin Jermann, Head of the Proton Therapy Program at the Paul Scherrer Institute, in Villegen (PSI) he reported by e-mail to WPCNR today. Here is the text of the e-mail pictured above:

Dear John Bailey

Compared to the Loma Linda facility, our technology is much more advanced.

With the new cyclotron, we can do also intensity modulated proton therapy, with much higher precision of the tumour treatment, compared to the “conventional” proton therapy. This results in a further reduction of the damange to the surrounding healthy tissue. The new 2D scanning system with a fast repainting capacity of our gantry will be able to treat moving tumours (i.e., lung, liver, breast cancer), in the long-term, combined with on-line imaging capabilities.

The compact gantry developed and operated at PSI has a diameter of only 4 meters (12 feet), almost 3 times less than the large onethrough gantries at Loma Linda and Massachussetts General Hospital Boston.

Does More, Better.

Our compact superconductive medical cyclotron, which was developed by Michigan State University, Accel Instruments GmbH and PSI, has a diameter of only 3.2 meters, i.e., 2 to 3 times less than the Loma Linda synchrotron. The ultimate goal of tumour treatment with intensity modulation (IMPT) will be only possible with a cyclotron and not with synchrotrons (the Loma Linda model).

Costs Considerably Less.

We have no data about costs of the planned facility at the New York Presbyterian Hospital ($100 Million estimated), but a cost reduction is obvious, looking at the above smaller dimensions of the rooms needed by the smaller and very compact components of the PSI facility.

Best regards,

Martin Jermann

Head of Proton Therapy Program

Paul Scherrer Institute

5232 Villigen-PSI

Switzerland

WPCNR will continue its delving into the differences. New York Presbyterian Hospital could not be reached for comment.

Five Key Westchester Hospitals Turn Away United Health Care Insurance.

Posted on September 24, 2004 by John Bailey

WPCNR VITAL SIGNS. From Dean Bender, Thompson & Bender. September 24, 2004: Pinnacle Healthcare Inc., a consortium of five Westchester area hospitals, Hudson Valley Hospital Center (Cortlandt Manor), The Mount Vernon Hospital, St. John’s Riverside Hospital (Yonkers), Sound Shore Medical Center of Westchester (New Rochelle) and Westchester Medical Center (Valhalla).announced today its five hospitals have terminated Pinnacle hospital contracts with United Healthcare effective September 25, 2004, tomorrow.

Thousands of members of United Healthcare who use a Pinnacle hospital would be affected by the move.

Pinnacle said that it has been attempting to negotiate a new contract with United Healthcare for more than a year. However, the negotiations have proved unsuccessful.

“This is a very unfortunate situation that will affect not only our hospitals, but our patients and our physicians,” said Helen Turchioe, Pinnacle’s Executive Director.

“In order to maintain the high quality level of care that our patients deserve, we must be compensated fairly for the care that we provide.”

John Federspiel, President of Hudson Valley Hospital Center, noted that, “like many hospitals in the region we have faced significant increases in operating costs and inadequate rates from private insurers.” Contributing to the cost squeeze are factors such as increases in malpractice insurance, staff salaries and benefits, drug and supply costs and the expense of adding new health-related technologies.

United Healthcare Doesn’t Cover Costs.

“United Healthcare’s payment rates are below Pinnacle’s costs of providing medical services. United Healthcare pays us less than comparable insurance companies and government programs although we provide the same services to everyone. We don’t think that’s fair,” said Jim Foy, President/CEO of St. John’s Riverside Hospital. “The financial health of our hospitals is dependent on adequate reimbursement and fair payment policies and we are simply asking United Healthcare to be a fair payer.”

John Spicer, President/CEO of Sound Shore Medical Center of Westchester, noted that the rates United Healthcare pays to hospitals just a few miles away in neighboring Fairfield County, Connecticut are higher than the rates it pays for the same services provided by Pinnacle hospitals, even though hospitals in both counties face similar costs.

“We sincerely regret the inconvenience and disruption posed by ending our relationship with United Healthcare. However, we have concluded that we cannot continue to subsidize United Healthcare’s unrealistically low payments,” added Mary Brown, Interim CEO of Westchester Medical Center.

Ms. Turchioe said that Pinnacle would continue discussions with United Healthcare and make a good faith effort to reach agreement on a new contract as soon as possible. “In the meantime, we will work closely with United Healthcare and our medical staff to ensure that United Healthcare members receive the quality care that they need,” she said.

A patient’s coverage and financial responsibility will vary depending on the terms of their individual subscriber contract.

Still Will Treat for 90 Days

The Pinnacle hospitals will continue to provide services to all patients seeking care. Patients undergoing a course of treatment will likely be able to continue the treatment without disruption for a period of at least 90 days. Patients who are in their second trimester of pregnancy will continue to be able to access services at Pinnacle hospitals (including delivery) through post-partum care. Treatment and evaluation for emergency conditions will continue to be covered. Other services at Pinnacle hospitals can be accessed if the member has an out-of-network benefit.

United Healthcare members can call 800-638-3323 for more information about how a contract termination with United Healthcare would affect their health care coverage or to

tell United Healthcare that they care about their local hospitals.

THE FORGOTTEN, SHAUN OF THE DEAD, THE LAST SHOT Open at CC

Posted on September 24, 2004 by John Bailey

WPCNR SCREEN GEMS. From National Amusements. September 24, 2004: City Center Cinema de Lux in White Plains showcases four new premiers this weekend: FIRST DAUGHTER, SHAUN OF THE DEAD, THE LAST SHOT, and THE FORGOTTEN. The weekend schedule, plus previews follow:

THE FORGOTTEN — Julianne Moore stars as a woman struggling with the loss of her eight-year old son. When her psychologist insists she never had a child, she embarks on a search to prove her son’s existence, and her sanity. PG-13

SHAUN OF THE DEAD — This quirky British hit has been described as “a romantic comedy — with zombies!” Rated R

FIRST DAUGHTER — Katie Holmes stars as a college freshman who wants some time and distance away from her home and parents. That’s not easy when home is the White House and her dad is the President of the U.S. Rated PG

THE LAST SHOT — In this comedy, an FBI agent (Alec Baldwin) cooks up an elaborate sting operation to bust a mafia kingpin by pretending to make a Hollywood movie, hiring unwitting director (Matthew Broderick) to helm the project. Rated R

Saturday, September 25, 2004
Wimbledon (PG-13) –12:10;2:35;5:00;7:45;10:10 pm;12:25 am. ;
First Daughter (PG) –1:50;4:30;7:10;9:55 pm;12:25 am. ;
The Forgotten (PG-13) –12:15;2:30;4:45;7:15;9:45 pm;12:15 am. ;
The Bourne Supremacy (PG-13) –7:25 pm;12:15 am. ;
Cellular (PG-13) –1:40;4:05;6:35;9:00;11:30 pm. ;
Resident Evil: Apocalypse (R) –1:55;4:20;6:40;9:20;11:50 pm. ;
The Princess Diaries 2: Royal Engagement (G) –12:05;2:25 pm. ;
The Last Shot (R) –12:20;2:45;5:10;7:40;10:05 pm;12:30 am. ;
Mr. 3000 (PG-13) –12:30;2:50;5:20;7:50;10:20 pm;12:40 am. ;
Shaun of the Dead (R) –12:05;2:40;5:05;7:30;10:00 pm;12:25 am. ;
Sky Captain and the World of Tomorrow (PG) –1:30;4:10;7:00;9:35 pm;

Lane Sparks Tigers to Lead–Alert Jimison Breaks Open Game. Tigers Win, 34-18

Posted on September 24, 2004 by John Bailey

WPCNR PRESS BOX. By Rob Tamboia, Contributing Writer from championlife.com. September 23, 2004: A warm September afternoon with blue sky and a few distant clouds at Abraham Lincoln High School in Yonkers was a great backdrop to a exciting, well-coached White Plains High School victory. With penalties and water breaks this 48 minute game lasted almost 2 hours and 40 minutes… however the clock ran out, with the Tigers on top, 34-18. Their record is now 3-1.

White Plains got focused and decided to put the awkward beginning (of the game) to rest and scored 5 touchdowns verses Lincolns field goal and 2 T.D.’s.

Weird Start.

Senior Mike Lane kicked-off 39 yards, with the ball bouncing out of bounds at the Lincoln 21 yards line. This was the game’s first of many penalties… Lincoln accepted the penalty, and White Plains returned to the free-kick formation at the 35 yard line. The next Lane kick went high and deep and was caught and returned from the 16 yard line, Felix Johnson advanced the ball to the Lancer’s 39 yard line.

On Lincoln’s first play, a slant pass from Zach Thompson to Felix Johnson, Lincoln would have made a first down, except for a block-in-the-back penalty which set up a 1st and 25 on the 24 yard line with 11 minutes on the clock. The next play was a long pass with Zach Thompson reaching the Lincoln receiver and a touchdown about 10 seconds later and some 75 yards downfield. The try kick was good and with a 7-0 score with 10:41 left in the first quarter.

The Night Train High Balls

Next Lincoln’s Zach Thompson kicks off a 50 yard boot, landing on the White Plains 10 yard line. Captain Mike Lane, confident and full of juice, received the kick and ran full-blast 90 yards down to the South Side goal line for a T.D. The next play failed as a fake kick play was thrown incomplete, leaving Lincoln ahead 7 to 6.

Mike Lane booted another kick deep into the red zone, and Rob Ostrander III tackled the receiver at the Lincoln 23 yard line. Norcliff Harris ran 12 yards up for a quick Lincoln first down, getting tackled on the 35 yard line by Conner Lantier. Felix Johnson had a big play running a slant pass 50 yards downfield. This set up a first and goal on the W.P. 8 yard line where the Tiger defense took charge and settled in.

The Tigers Claw Back. Hold ’em to a 3.

Conner Gilmartin Donohue made a big tackle in the backfield creating a 2nd and goal from the 10. The 2nd and goal play was fruitless as the pass intended for Chloe Vasquez wasn’t caught, setting up a big 3rd and goal play on the 10. The next play Zach Thompson rolled out and attempted to pass to Darnel Jacobs on the right flat where it was deflected and downed by Conner Lantier. This was a another play again by the Tiger Defense.

Frustrated with White Plains’ goal line defense, Nick Moralis booted a field goal 27 yards in with 7:47 left in the first quarter, White Plains trailed 10 to 6.

The Night Train Rolls Again to Set Up the Go-Ahead.

Mike Lane returned the kick ten yards with the ball spotted on the W.P. 17 yard line. Ike Nduka advanced the ball 8 yards setting up a 2nd and 2. Ike Nduka advanced the ball 3 big yards up to the 29 yard line with a 1st and 10. Kevin Avery hands off to Ike for another 10 yard gain with a first down again on the W.P. 39 yard line. In the next series, Mike Lane carried 10 yards up for another first down, then Lane ran 35 yards down to the Lincoln 14 to make a big first down in the red zone.

Jeff Torreda advanced the ball 6 yards creating a 2nd and 4 on the 6 yard line. The next big play was a hand off from Avery to Torreda on the 3 yard line with Torreda bringing the football into the end zone. Ajit Singh kicked the extra point and White Plains took the lead 13 to 10 with 3:15 left in the quarter.

FUMBOOL! Jimison Scoops it Up and Scores. He scores!

Still in the first quarter, Gerard Bryant makes a big sack, and the ball is fumbled. Captain Shawn Jimison advanced the ball for a 19-yard touchdown. Pablo Siaba booted the ball in on the conversion. White Plains now had the lead at 20 to 10 with 2:02 left still in the first quarter.

Both teams were on offense in the second quarter, and a few minutes before halftime White Plains was marching closer and closer to the goal line with Jeff Torreda running several 5 to 10 yard drives off tackle. White Plains failed to score in the red zone with a first and goal on the 9 yard line. With 4th and goal on the 3 yard line, a touchdown came short with the referee spotting the ball on the one-half yard line. Lincoln took over and ran a few plays before the clock wound down to leave the Tigers ahead 20-10 at the half.

Air Avery Overland for the Clincher.

Early in the second half, Mike Lane caught a 40 yard bullet touchdown pass (Lane’s second TD) from Kevin Avery and Pablo Siaba converted the extra point kick. White Plains led 27 to 10 with 9:44 left in the 3rd quarter. Later in the quarter Mike Lane found the end zone once again for his third T.D. White Plains is ahead 34 to 10.

The fourth quarter had a few holding penalties for the Tigers offsetting most of the rushing gains. Nick Osher stepped up and made a big tackle on White Plains’ 29 yard line. Soon after Lincoln’s Nick Mahabeer ran 25 yards downfield scoring Lincoln’s second touchdown with 1:10 left in the game, and the Tigers had pulled it out in the gathering dusk.