WHITE PLAINS CITIZENETREPORTER 3,826,065 VISITS IN ONE YEAR—73,578 VISITS A WEEK BY 1,111,506 VISITORS

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WPCNR Evening City Star Reporter. By E. Hezi, Yonkers Tribune October 30, 2002:The Appellate Division: Second Judicial Department has unanimously overturned the ruling by the Supreme Court in Westchester County removing Oswaldo Ramos as the Democratic Nominee.

The decision by the Appellate Division restores Oswaldo Ramos petition for the 35th Senatorial District. It further orders the Westchester County Board of elections to place Mr. Ramos name on all ballots for the November 5 elections, opposing State Senator Nicholas Spano.

The decision was reported to Westchester Network affiliate, The Yonkers Tribune by Mr. Ramos’ Campaign Manager, Herbert Padilla.

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WPCNR AFTERNOON TRIB & POST. From Westchester County Department of Communications.(EDITED) October 30, 2002:Following New York City’s lead, Westchester County Executive Andy Spano today announced that as of Nov. 1 the county will lift the drought emergency that was first declared back in April. But a “drought warning,” which calls for voluntary conservation and education measures, is now in effect.
Above-average rainfall in September and October has replenished the Catskill/Delaware reservoirs enough that mandatory water restrictions originally imposed on April 1 can now be lifted, he said.

“New York City has informed us the our reservoirs are now at 68 percent capacity, which is normal for this time of year, but although mandatory restrictions are lifted, we are asking businesses and residents to voluntarily reduce water use since we have a long way to go to reach the 100 percent capacity we’re required to have by June 1.’’

Spano said although the mandatory restrictions have been lifted, people should continue to save water. “We encourage people to continue to conserve because who knows how much rain and snow we will get this winter, and we don’t want to be in the same position we were last year come springtime,’’ said Spano.
Following New York City’s lead, Westchester County Executive Andy Spano today announced that as of Nov. 1 the county will lift the drought emergency that was first declared back in April. But a “drought warning,” which calls for voluntary conservation and education measures, is now in effect.

As a result of the emergency declared April 1, businesses and governments that use more than 1,000 gallons of water per day were asked to develop a plan to decrease water usage by 15 percent. The mandatory restrictions applied to all municipalities, schools, businesses, landlords and building owners. Restaurants were barred from serving water except upon request and lawn watering and car-washing restrictions were in place.

New York City Mayor Michael Bloomberg also announced today that the city’s drought emergency would be lifted as of Nov. 1, affecting 1 million upstate wpcnr_users in a four-county region, including Westchester. Westchester gets about 85 percent of its water from the New York City reservoir system; therefore it follows the lead of New York City in regards to water shortages.

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WPCNR Evening News. From NYS Commission on Judicial Conduct Press Office. October 29, 2002:The New York State Commission on Judicial Conduct has determined that Roseanna H. Washington, a Judge of the White Plains City Court, Westchester County, should be removed from office.

In a determination dated October 1, 2002, the Commission found that Judge Washington failed to render timely decisions in numerous small claims cases, failed to report the delays to court administrators, and failed to respond to letters from the Commission, which was investigating her conduct.

The Commission found that the judge, who sits part-time and has a caseload of only 75 to 80 small claims matters per year, developed a “significant backlog” of cases after becoming a judge in 1997.

Despite the “active intervention” of her administrative judges and numerous complaints from litigants, the delays continued, even after the judge was on notice that the Commission was looking into the matter. The Commission found that Judge Washington “seriously compounded” her misconduct by filing “false, misleading and incomplete” reports of the delayed cases with court administrators.

The Commission concluded that the judge’s conduct “has demonstrated that she is unable or unwilling to properly carry out the duties of a judge.”

The Commission Proceedings

Judge Washington was served with a formal written complaint dated April 16, 2001, and filed an answer dated May 7, 2001. A hearing was held before a referee, Honorable Janet A. Johnson, in White Plains, New York on September 28, 2001. The referee filed a report with the Commission on March 4, 2002. The parties submitted memoranda with respect to the issues of misconduct and sanctions. Oral argument was held on June 20, 2002.

The Commission filed a determination dated October 1, 2002, in which eight members concurred. Three members, Judge Frederick M. Marshall, Christina Hernandez and Alan J. Pope, Esq., were not present.

Court of Appeals Review Next.

The Commission transmitted its determination to the Chief Judge of the Court of Appeals, pursuant to Judiciary Law Section 44, subdivi­sion 7.

A judge may either accept the Commission’s determina­tion or, within 30 days from the date he received the determina­tion, make a written request to the Chief Judge for a review of the determina­tion by the Court of Appeals.

Pursuant to Judiciary Law Section 44, subdivision 7, if Judge Washington does not request review by the Court of Appeals, the Court of Appeals will issue an order removing her from office in accordance with the Commission determination. Removal automatically bars a judge from holding judicial office in the future.

If the Commission’s determination is reviewed by the Court of Appeals, the Court may accept the determined sanction, impose a different sanction including admonition, censure or removal, or impose no sanction.

Statistics Relating to Prior Determinations

Since 1978, the Commission has issued a determination of removal in 139 cases, 108 of which involved part-time judges. (More than two-thirds of the judicia­ry in New York State are part-time.) The Commission has censured 207 judges and admonished 190 judges.

The Court of Appeals has reviewed 73 Commission deter­mi­nations. The Court accepted the Commission’s sanctions in 60 cases. Of the remaining 13 cases, two were increased from censure to removal, and eleven were reduced: eight removal determi­nations were modified to censure, two censure determina­tions were modified to admoni­tion, and one censure was rejected and the charges dis­missed.

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WPCNR PRESSBOX. From “Robin” of USA Hockey. October 28, 2002People always say how mean kids can be, never how nice they can be. This will either make you cry, give you cold chills or leave you cold, but it puts life into perspective! A story of some real Angels in the outfield.
At a fundraising dinner for a school that serves learning-disabled children, the father of one of the school’s students delivered a speech that would never be forgotten by all who attended. After extolling the school and its dedicated staff, he offered a question. “Everything God does is done with perfection. Yet, my son Shay cannot learn things as other children do. He cannot understand things as other children do. Where is God’s plan reflected in my son?”

The audience was stilled by the query.

The father continued. “I believe,” the father answered, “That when God brings a child like Shay into the world, an opportunity to realize the Divine Plan presents itself and it comes in the way people treat that child.”

Then, he told the following story:

Shay and his father had walked past a park where some boys Shay knew were playing baseball. Shay asked, “Do you think they will let me play?” Shay’s father knew that most boys would not want him on their team. But the father understood that if his son were allowed to play it would give him a much-needed sense of belonging.

Shay’s father approached one of the boys on the field and asked if Shay could play. The boy looked around for guidance from his teammates. Getting none, he took matters into his own hands and said, “We are losing by six runs, and the game is in the eighth inning. I guess he can be on our team and we’ll try to put him up to bat in the ninth inning.”

In the bottom of the eighth inning, Shay’s team scored a few runs but was still behind by three.

At the top of the ninth inning, Shay put on a glove and played in the outfield. Although no hits came his way, he was obviously ecstatic just to be on the field, grinning from ear to ear as his father waved to him from the stands.

In the bottom of the ninth inning, Shay’s team scored again. Now, with two outs and the bases loaded, the potential winning run was on base. Shay was scheduled to be the next at-bat. Would the team actually let Shay bat at this juncture and give away their chance to win the game?

Surprisingly, Shay was given the bat. Everyone knew that a hit was all but impossible because Shay didn’t even know how to hold
the bat properly, much less connect with the ball.

However, as Shay stepped up to the plate, the pitcher moved a few steps to lob the ball in softly so Shay could at least be able to make contact. The first pitch came and Shay swung clumsily and missed.

The pitcher again took a few steps forward to toss the ball softly toward Shay. As the pitch came in, Shay swung at the ball and hit a slow ground ball to the pitcher. The pitcher picked up the soft grounder and could easily have thrown the ball to the first baseman. Shay would have been out and that would have ended the game.

Instead, the pitcher took the ball and threw it on a high arc to right field, far beyond reach of the first baseman. Everyone started yelling, “Shay, run to first, run to first.”

Never in his life had Shay ever made it to first base. He scampered down the baseline, wide-eyed and startled. Everyone yelled, “Run to second, run to second!”

By the time Shay was rounding first base, the right fielder had the ball. He could have thrown the ball to the second baseman for a tag.

But the right fielder understood what the pitcher’s intentions had been, so he threw the ball high and far over the third baseman’s head. Shay ran towards second base as the runners ahead of him deliriously circled the bases towards home.

As Shay reached second base, the opposing shortstop ran to him, turned him in the direction of third base, and shouted, “Run to third!”

As Shay rounded third, the boys from both teams were screaming, “Shay! Run home!” Shay ran home, stepped on home plate and was cheered as the hero for hitting a “grand slam” and winning the game for his team.

“That day,” said the father softly with tears now rolling down his face, “The boys from both teams helped bring a piece of the Divine Plan into this world.”