The SAT scheduled for tomorrow, January 23, at the White Plains High School has been re-scheduled due to the impending weather.
The make-up date is February 20.
LEFKOWITZ PRELIMINARY RULING ON FASNY HOLDS OFF DECISION ON DISMISSAL OF FASNY SUIT UNTIL AFTER COUNCIL VOTE FEB 1. COURT CONFERENCE SCHEDULED FOR FEB 11.
The Preliminary, Decision Order and judgment issued by Judge Joan Lefkowitz Monday, orders the Common Council to meet February 1 to vote on the Special Permit sought by the French American School to build a school campus. The Preliminary Decision obtained by WPCNR notes:
The reason for the Judge’s order for a vote at the next regular meeting finds fault with the city for not voting in a timely manner according to the city’s own zoning law Judge Lefkowitz writes on pages 6 and 7–the city misinterpreted it’s timing of the vote, in the Judge’s opinion:
“In their argument the city respondents state that the 2014 (FASNY) application was no longer complete when the Common Council failed to approve the Discontinuance Petition, implying thereby that it was complete until that event. Therefore both components of the 2014 application were complete within the meaning of the Zoning ordinance prior to August 5, 2015.
The judge’s Preliminary decision notes on page 16, “the court will hold the determination of the Dismissal Motion in abeyance pending the parties’ compliance with this Preliminary Decision, Order and Judgment.”
In the Preliminary order on page 6, Judge Lefkowitz denies the French American School of New York Constructove denial motion arguing the Common Council constructively denied its application for a special permit by operation, but grants the FASNY motion
“to the extent that FASNY seeks a judgment declaring that the Common Council disapproved its application for approval of a site plan by operation of law, and granted to the extent that the instant matter is remanded to the Common Council to vote forthwith on the resolution(s) concerning the proposed approval of the 2014 application — or what remains thereof — that it tabled on August 5, 2015.”
The Judge dismisses the French American School of New York order that the Common Council vote on the 2014 must be decided by a simple majority (4-3).
The Judge writes “the motions of the proposed intervenors, Gedney Association, Gaetano G. D’Antona, John Sheehan and Robert J. Stackpole, for permission to intervene in the above-captioned proceeding action, or alternatively to dismiss the above-captioned proceeding/action for failure to join necessary parties are denied,,,”
“that the detemination of Respondents/Defendents to dismiss the verified petition and complaint in the above-captioned proceeding/action is held in abeyance pending the parties compliance with the Preliminary Decision, Order And Judgment, and it is further ORDERED that the counsel for the parties are directed to appear in the Westchester County Courthouse, courtroom 1600, at 2 PM for a conference with the Court.”
Neither City Corporation Counsel John Callahan nor Mayor Thomas Roach returned calls for comment.
John Sheehan of the Gedney Association is preparing a statement for WPCNR.
A Common Council member told WPCNR the Council was informed Thursday after with an email from Mr. Callahan noting the Preliminary Decision with a copy of the decision.
Westchester D.A. Janet DiFiore Elected Chief Judge of NY Court of Appeals. McCarty Named Acting Westchester District Attorney. Special Election in Nov. 2016
Janet DiFiore, for Westchester County District Attorney, Confirmed Thursday the the New York State Senate as Chief Judge of the NY Court of Appeals.
WPCNR WHITE PLAINS LAW JOURNAL. From the Office of Acting Westchester County District Attorney James McCarty. January 21, 2016:
Westchester County District Attorney Janet DiFiore has been confirmed by a vote of the New York State Senate and is now the Chief Judge of the Court of Appeals and the State of New York.
Upon her confirmation, she resigned her position as Westchester County District Attorney.
First Deputy District Attorney James McCarty is now the acting District Attorney of Westchester County.
“After serving the people of Westchester County for twenty years, ten as an assistant District Attorney and the last ten as District Attorney, I accepted the nomination by Governor Cuomo for the position of Chief Judge of the Court of Appeals and the State of New York.
Now, having been officially confirmed by the New York State Senate, I want to again thank the Governor and the Commission on Judicial Nomination for their faith in my ability and for recognizing my experience, qualifications, and fitness to become Chief Judge. I also want to recognize all the members of the Westchester County District Attorney’s office, prosecutors, investigators and support staff, who I have worked with for two decades for their continued dedication and professionalism,” said Chief Judge Janet DiFiore.
Acting Westchester County District Attorney, James McCarty, assumed office Thursday after Ms. DiFiore’s election to the Court of Appeals
“It has been an absolute honor to serve under Janet DiFiore during her tenure as the Westchester County District Attorney. There is no one serving in the public sector that I hold in higher esteem. I look forward to leading the excellent staff she has assembled over the coming year,” said Acting District Attorney James McCarty.
Before becoming Acting District Attorney, James McCarty served as the Chief of Trial Operations directly overseeing all trials in the superior and local courts of Westchester County, and as an Assistant District Attorney since 1980, Mr. McCarty was the Deputy Division Chief of the Superior Court Trial Division for the previous six years.
He has tried over one hundred cases, including the successful prosecutions of Carolyn Warmus, “The Fatal Attraction Murder Case,” and serial killer Patrick Baxter.
Acting District Attorney McCarty is a graduate of the University of Rochester and Albany Law School.
A special election will be held on Tuesday, November 8th, 2016, to elect a new District Attorney.
FLASH! JUDGE ORDERS WP COMMON COUNCIL TO VOTE ON FASNY FEB. 1 — THROWS OUT HATHAWAY LANE VOTE ROAD BLOCK
WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR from The French American School of New York. January 21, 2016:
The French American School of New York issued this news release Wednesday evening:
The plan to build the French-American School of New York (FASNY) in White Plains took a major step forward today with a Decision by a State Supreme Court Judge that orders the City’s Common Council to vote on the School’s application for a school and nature park at its next meeting (February 1) and rejects the attempt of a neighborhood opposition group to intervene in the case.
In a 17-page decision, Judge Joan B. Lefkowitz said that
“FASNY’s special permit and site plan applications, including the partial discontinuance of Hathaway Lane, were subjected to exhaustive, public environmental review.”
The Court rejected the City’s argument that the Council could “table” its vote on FASNY’s Special Permit and Site Plan Applications after the School did not receive the 2/3rd vote necessary to discontinue a small length of Hathaway Lane at its August 5, 2015 Meeting.
Instead, the Court held that FASNY’s Application was complete, and “the Common Council failed to comply with the time limits in the Zoning Ordinance or the General City Law” by failing to act on it.
The Court ordered the Council to “vote forthwith” on FASNY’s Applications “no later than its next regular meeting.”
The decision states that the Common Council in its own Environmental Findings, which were approved by a 6-1 vote in December 2013, “explicitly found that of all the (access) options considered during the State Environmental Quality Review Act (SEQRA) process,” and the North Street driveway access, which included the partial closing of a portion of Hathaway Lane, “avoided or minimized adverse environmental impacts to the maximum extent practicable.”
The Judge denied the motion of the Gedney Neighborhood Association, which has vehemently opposed FASNY since the school purchased the former Ridgeway Country Club in January 2011, to intervene in the lawsuit that was brought by FASNY following the Council’s August 5th vote that rejected the partial closing of a small section of Hathaway Lane.
She concluded “the Proposed Intervenors would unduly delay the determination of the proceeding” and “would be adversely prejudicial to FASNY.”
While the Gedney Association argued that the partial discontinuance of Hathaway Lane or construction of the school, would if approved, have environmental impacts, Judge Lefkowitz noted that “FASNY’s special permit and site plan applications, including the partial discontinuance of Hathaway Lane, were subjected to exhaustive, public environmental review.”
She characterized allegations that access to some homes would be adversely affected or even prevented, as “unsubstantiated allegations (that) are not sufficient” to warrant intervention, and said that the legal cases cited to support the motion to intervene are not “even remotely pertinent to, much less supportive of their argument.”
Andrea Colombel, Chair of the FASNY Board of Trustees, said the School “is very pleased with the decision and the Court’s recognition of the five years of study, analysis and review that the plan had been subjected to. It’s been a long and extremely thorough review with extensive public input. Simply put, the time has come to move forward with the project. We look forward to becoming a part of the extensive and diverse educational opportunities for which White Plains is so well known and respected.”