THE WORLD READS WHITE PLAINS CITIZENETREPORTER — 8,324,077 VISITS IN ONE YEAR | 2,905,611 VISITORS VISIT 8,324,077 TIMES 3 TIMES EVERY DAY IN ONE YEAR. HIGHEST ACTIVITY IN WPCNR HISTORY.White PlainsCitizeNetReporter lifted its worldwide visits from unique visitors to wpcnr.com to 8,324,077,a 1,306,419 increase in visits in one year from 7,017,658 visits to the site last year which covers White Plains and Westchester County. The 8,324,077 visits were made by 2,005,611 unique visitors who visited wpcnr an average of 3 visits a day. ON JULY 20- -2026 visitors have accessed wpcnr and made 3,072 visits an average of 1.6 visits. In the last week 33,495 individual vistors made 54,458 visits, averaging 1.6 visits. In the last month, 152,940 visitors recorded 229,338 visits (1.5 visits)

Safety Board Issues Preliminary Report on Rockefeller Plane Crash.

Posted on June 21, 2014 by John Bailey

WPCNR AVIATION NEWS. From Peter Katz, Editor, NTSB REPORTER. June 21, 2014:

On Saturday, the NTSB issued a preliminary report on the June 13 crash of a Piper Malibu Meridian single-engine turboprop aircraft shortly after takeoff from the Westchester County Airport (identifier HPN). Richard Rockefeller, son of David Rockefeller, was the pilot and only occupant of the airplane. He was killed.

The preliminary report issued by the NTSB on Saturday does not establish a probable cause of the accident. The full investigation may take up to a year or more, and no conclusions will be reached until the investigation has been completed.

The NTSB reports that Rockefeller was flying on an instrument flight plan, requiring the use of cockpit instruments for navigation and aircraft control. This would have been necessary because of because of bad weather which severely limited the view through the airplane’s windows. The accident occurred at about 8:08 a.m. The personal flight was destined for Portland International Jetport (PWM), Portland, Maine.The report continues, “The pilot had flown from PWM to HPN the previous day. The fixed base operator (FBO) at HPN serviced the airplane with 60 gallons of Jet-A fuel, which filled the tanks and FBO personnel were advised to expect the pilot at 0900 on the following day. The pilot subsequently arrived at the FBO at 0745 and requested his airplane be brought outside and prepared for an immediate departure.

“Preliminary information from the Federal Aviation Administration (FAA) revealed that the flight departed HPN at 0806 and that the air traffic control tower was contacted shortly thereafter by the New York Terminal Radar Approach Control facility inquiring if the flight had departed. The local controller responded that the flight should have departed but that ‘visibility was so low he couldn’t tell.’

“Review of recorded radar data indicates five radar targets identified as the accident airplane were captured, and all were over HPN airport property. The first three radar targets began about mid-point of the 6,500-foot runway and each were at 500 feet mean sea level (msl). The airport elevation was 439 feet msl. The final two targets depicted a shallow right turn and were at 600 and 700 feet msl respectively, before radar contact was lost.

The final radar target was observed about 1/2 mile from the accident site, and the final track roughly aligned with the wreckage path.”Examination of the accident site indicated that the airplane collided with trees and terrain behind a house, and in front of horse stables on residential property. Two witnesses at the stables were interviewed and their statements were consistent throughout. T

hey each stated that the weather was ‘dark, rainy, and foggy, and their attention was drawn to the airplane when it appeared out of the clouds immediately above the trees. One stated that he heard the airplane engine before he saw the airplane. The airplane was wings level when the outboard section of the left wing struck the first tree, the inboard section of the left wing struck the second tree, and then the airplane broke apart in a large cloud of blue “smoke” that smelled like ‘diesel’ fuel.”The pilot held a private pilot certificate with ratings for airplane single-engine land and instrument airplane. His most recent FAA third class medical certificate was issued on November 25, 2013 and was not valid for any class after July 31, 2014. There were restrictions that required the pilot to wear corrective lenses for distant vision and possess glasses for near vision. The pilot reported 5,100 hours of flight experience on his last medical application.

“According to FAA and maintenance records, the airplane was manufactured in 2001. According to a trip log recovered at the accident site, the airplane had accrued 1,931 total hours of flight time. The most recent annual inspection was completed June 3, 2014, at 1,927 total aircraft hours.

“At 0815, the weather reported at HPN, located 1 nautical mile north of the accident site, included an overcast ceiling at 200 feet and 1/4 mile visibility in fog. The wind was from 090 degrees at 6 knots. The temperature was 17 degrees C, the dew point was 17 degrees C, and the altimeter setting was 29.85 inches of mercury.

“Examination of the accident site revealed a strong odor of fuel and that all major components of the airplane were accounted for. No evidence of an in-flight or post-impact fire was observed on any of the airframe components. The wreckage path was oriented about a magnetic heading of 270 degrees and was approximately 360 feet in length.

The initial impact point was in a tree approximately 60 feet above the ground. Other trees were struck before the initial ground scar, which was about 205 feet beyond the first tree strike. One tree, about 24 inches in diameter, had a 10-foot length of trunk sectioned and carried 50 feet down the wreckage path. Several pieces of angularly-cut wood were found along the length of the debris field.”The report noted that an engine data acquisition unit and a tablet computer were recovered from the accident site and sent to the NTSB recorders laboratory for subsequent examination.

Gedney Association: City Met In Secret with Common Council to Discuss Findings Statement. Disputes FASNY CLAIM OF “VICTORY”

Posted on June 19, 2014 by John Bailey

WPCNR WHITE PLAINS LAW JOURNAL. From the Gedney Association. June 19.2014:

The Gedney Association amplified its public statement by its President Terrence Guerriere Thursday, claiming for the first time the city administration exerted its influence on the Common Council on the implications of its Findings Statement on the Environmental Review of the French American School of New York plan to consolidate their three schools on the former Ridgeway Country Club.

The release alleges: “The City admitted that they tried to circumvent the Open Meetings Law by having Council members meet with the City’s attorney behind closed doors to discuss the FASNY Environmental Finding and as a result the Court required the City to answer those secrecy claims asserted by the Gedney Association”

The complete statement reads:

The Gedney Association announced it was pleased the Supreme Court Decision of June 16, 2014 did not dismiss the Gedney Association Lawsuit—–contrary to the statements of FASNY.

This Decision permits litigation against the City of White Plains to continue. The lawsuit stated various claims regarding the City’s review of the French American School of New York’s (FASNY) application to build a large regional school complex in the middle of the low-density Gedney Farms residential neighborhood.

The Gedney Association asserted that the City violated requirements of the State Environmental Review Act (SEQRA) as well as the Open Meetings Law (OML) and other City rules and procedures in its review of the FASNY application. Speaking of the Supreme Court’s Decision Terence Guerriere, President of the Association noted

“We are pleased that the Court did not dismiss on the merits any of our claims regarding the ‘Environmental Findings’ of the Common Council, but only found that some were not ‘ripe’ for determination at this time—but these same claims will be ripe for determination when the Special Permit and Site Plan are decided.”

President Guerriere also remarked that the Court rejected FASNY’s and the City’s assertion that the Gedney Association and Members did not have “standing” to sue. Significantly, the Court did not dismiss the Open Meetings Law claim against the Common Council.

Gedney Association Attorney Dennis Lynch, of FEERICK LYNCH MACARTNEY, remarked “The City admitted that they tried to circumvent the Open Meetings Law by having Council members meet with the City’s attorney behind closed doors to discuss the FASNY Environmental Finding and as a result the Court required the City to answer those secrecy claims asserted by the Gedney Association”.

President. Guerriere remained confident all claims will be later decided in the residents’ favor noting, “The City’s violations of law made the environmental review process so defective that the Gedney Association and others were compelled to file this lawsuit”.

Republican Party Officially Introduces Guerriere as Their Candidate for Common Council Special Election

Posted on June 18, 2014 by John Bailey

WPCNR CAMPAIGN 2014. Special to WPCNR from the White Plains Republican Party. June 18, 2014 (EDITED):

As first reported by WPCNR Tuesday, the White Plains Republican Party announced today that their candidate to run in the special election to serve the remainder of the unexpired term of Benjamin Boykin for the White Plains Common Council in November is Terence Guerriere.

Brian Maloney, Chairman of the White Plains Republican Party, heralded Terence’s qualifications and the need for a fresh voice on the Council:

“Terence Guerriere is a dedicated White Plains advocate, a community leader and a professional with an impressive resume and a proven record of meeting challenging issues. We are excited to show the people of White Plains that there indeed is a strong voice for this great City’s hard working families and neighborhoods, that are presently being ignored.”

Mr. Guerriere, a Senior Vice President at Madison Commercial Real Estate Services, is a leader who has displayed keen insight in resolving complicated issues and has demonstrated a willingness to compromise and finding common ground in the most complex litigation. He is an experienced attorney and corporate executive.

Mr. Guerriere, in addition to the aforementioned experience, gained expertise as an attorney in private practice with McCarthy Fingar, LLP, was co-founder and General Counsel of Electronic Land Services. Inc. and a Managing Counsel for the National/Commercial Office of Old Republic National Title Insurance Company.

Guerriere is a graduate of Archbishop Stepinac High School, Williams College and earned his Juris Doctor from St. John’s University School of Law. Prior to his law career, Mr. Guerriere clerked for the Surrogate Court Judge of Nassau County, New York.

His previous career as a private school educator and administrator afforded Mr. Guerriere the skills to be an effective lecturer and coalition leader, and has spoken on the topics of legal ethics and complex issues of law and community planning.

Active in the White Plains community, he has served on the White Plains Planning and Zoning Boards, including serving as Chairman, and currently is President of the Gedney Association, a local family advocacy and service organization. Mr. Guerriere is a co-founder of the Archbishop Stepinac High School Foundation.

Court Denies All But One Claim in Gedney Association Suit Claiming City Did Not Conduct a Proper Review of the FASNY PROJECT. Gedney has 30 Days to Beef up Argument. Vows it Will Continue the Fight

Posted on June 17, 2014 by John Bailey

WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey June 17, 2014 UPDATED 11:10 P.M.:

On Monday, the New York State Supreme Court dismissed all but one complaint filed by the Gedney Association aimed at blocking FASNY’s proposed school project

Upon careful reading of the Judge’s papers this evening by WPCNR , Judge Joan Lefkowitz denied the City of White Plains motion to dismiss the Seventh Claim that accuses the Common Council of violating Public Officers Law.

This last surviving claim asks for an order enforcing the Open Meetings Law and a judgment declaring void the actions taken by the Common Council when they issed the Findings State.

The Judge’s decision allows 30 days for the Gedney Association to resubmit their framing of this argument naming FASNY and allowing the Gedney Association to expand its argument on this Seventh remaining claim.

Judge Lefkowitz writes, noting case law involving the Public Officers Law allows that “the pleading is to be afforded a liberal construction. The facts are presumed to be true, the plaintiff is afforded the benefit of every favorable inference and the court is to determine only whether the facts as alleged fit within any cognizable theory.”

And, again, Judge Lefkowitz notes, citing another case law, that the court, “should not consider documents submitted by respondents in support of dismissal.”

According to the press release from the French American School of New York issued Tuesday afternoon, this lone remaining claim was “sparse and weak.”

In her June 16, 2014 New York State Supreme Court decision, the Hon. Joan B. Lefkowitz dismissed a number of claims challenging the City of White Plains Common Council’s environmental findings on the grounds that they were “nonjusticiable” and not appropriate for adjudication. There was one surviving claim (the 7th) that the court labeled as “sparse and weak.”

“This is a very important victory for the French-American School and the City of White Plains,” said Mischa Zabotin, Chairman of the Board of Trustees of FASNY.

Terence Guerriere, President of the Gedney Association gave WPCNR this statement Tuesday evening on Judge Lefkowitz’s ruling:

“I have not seen the FASNY press release so I cannot comment on it.

We are quite pleased with the decision of the Court. The Court did not dismiss our litigation. It was determined that that the environmental issues are not ripe at this time for determination by the Court.

We will be able to assert the same causes of action when and if the Special Permit issue is decided in favor of FASNY. Of course, had we not sued now, FASNY and the City would have argued when the Special Permit is challenged that we sued too late and should have sued before. The Court also refused to dismiss the Open Meetings Law claim.

The result: the claims regarding the results of the environmental findings can be brought in full force and effect at a later date. The Open Meetings Law challenge is alive and we continue the fight at this level.

In the FASNY press release Tuesday afternoon announcing the Judge’s ruling, Misha Zabotin commented:

“We have made significant improvements to our plan including a number of measures that will reduce the impact on traffic in the neighborhood by 50%, a reduction in total enrollment and increased buffers and landscaping around the campus. These improvements were the result of many months of technical study and are consistent with the SEQRA Findings that were supported by a 6-1 vote of the Common Council in December 2013. We are pleased with the State Supreme Court’s decision and are ready to move forward.”

The lawsuit, filed earlier this year by members of the Gedney Association, claimed the White Plains Common Council did not properly review the environmental impacts of the school’s plan and that its positive findings in favor of the project violated the State Environmental Quality Review Act, or SEQRA.

“We are pleased the court ruled in our favor as there was never any legal grounds for these baseless claims,” said FASNY Attorney Michael Zarin. “The suit filed by the Gedney Association was baseless and a waste of everyone’s time, money and valuable resources, especially the taxpayers of White Plains.”