PIRRO: POLICE RETIREES FIGHT FOR THEIR HEALTH CARE PAYMENTS WILL CONTINUE TO TRIAL PENDING POSSIBLE CITY APPEAL

 

WPCNR White Plains Law Journal. By John F. Bailey. December 5, 2013:

The police retirees fight for guaranteed benefits for life they felt had always been guaranteed will continue to trial, police retirees attorney Albert Pirro told WPCNR today.

Albert J. Pirro is the attorney for 98 White Plains police retirees (hired before 1996) who are fighting the City of White Plains over the city decision to require they pay 15% of their health care costs, a measure arbitrarily introduced by the city in 2010.

The retirees sued the city in federal court, and yesterday, Pirro said,   Federal Judge Cathy Seibel denied the city’s motion to dismiss the case, allowing the sensitive case to move to trial.

Pirro said the sensitive case that could affect hundreds of public employees across New York State, could now proceed to discovery and a trial, pending a city appeal of Judge Seibel’s decision. Pirro said he did not know if the city planned to appeal at this time.

Pirro told WPCNR Thursday  morning, the judge denied all three city grounds for dismissal  advanced by the city-employed law firm of Lamb & Barnosky.

“The judge denied the first city grounds for dismissal that Federal law was not involved, because the city had won an arbitration award from the police in 1997. The judge said that did not apply to the pre-1996 hires. Second, the judge denied the city motion  to dismiss the case on grounds that the retirees’ constitution rights were  not violated.  We were able to convince the judge that citizen’s contractual rights were violated which are guaranteed by the U.S. Constitution.”

WPCNR notes: That constitutional clause appears  in Article I, section 10, clause 1. It states:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

“Third, (Pirro said) the city maintained police retirees should not have depended on the full health benefits being maintained forever (even though they had been receiving them for 20 years or more0 . We showed that the resolution of 1967 ( adopted 43 years prior to the demand the retirees pay 15% of health costs), guaranteeing full health cost benefits for life said it.”

Pirro estimated that the city has spent a half million dollars paying lawyers to fight the suit nearly half what the city would have to pay the affected police retirees.

Mr. Pirro said he had not received a copy of the decision yet, which Judge Seibel delivered yesterday at the Charles Brient Federal Court House in White Plains.

Previously, Judge Seibel in December 2011 had overturned the police retiree injunction against the city prohibiting the city from collecting from retirees. The Wednesday decison was her ruling on the city motion to dismiss, the city police retirees’ suit altogether. The action has been in dispute for three and a half years.

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MTA TO GET HUDSON LINE BACK IN SERVICE WEDNESDAY

WPCNR RAILROADIN. From the Metropolitan Transportation Authority. December 3, 2013:

For Wednesday, December 4, Metro-North will operate more than 98% of regular Hudson Line service due  to one track being returned to service following the train derailment in the vicinity of Spuyten Duyvil. 

Customers should expect scattered delays of up to 15 minutes due to limited track capacity in this area and crowded conditions during peak periods.  Please refer to the Hudson Line timetable or our schedules page for train information.

The following trains will be combined:

-The 7:15 AM from Scarborough to Grand Central Terminal is combined with the 7:16 AM train from Croton-Harmon, which will make all stops of both trains. 

-The 7:37 AM from Ossining to Grand Central Terminal is combined with the 7:40 AM train from Croton-Harmon, which will make all stops of both trains.

-The 8:45 AM train from Greystone to Grand Central Terminal is combined with the 8:22 AM train from Croton-Harmon, which will make all stops of both trains.

Metro-North forces continue rebuilding track and restoring the signal and power systems on the remaining two tracks in the area of the derailment.  Our goal is to bring back full Hudson Line service as soon and safely as possible.

For Spuyten Duyvil Customers: The Hudson RailLink bus service will serve the station, but there will be no parking at the station because of the ongoing rebuilding effort and investigation.

– See more at: http://web.mta.info/supplemental/mnr/mnr_weather_info.html#sthash.FnU06mba.dpuf

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FASNY FLASH! RIDGEWAY-FASNY DECISION MONDAY DECEMBER 9, 7 PM

WPCNR CITY HALL CIRCUIT. From the City Clerk. December 3, 2013:

The White Plains Common Council, it was announced by the City Clerk office today will hold a Special Meeting Monday  December 9 at 7 P.M, to make a Findings Statement on whether or not the Council will allow The French American School of New York to go ahead with developing the former Ridgeway Country Club property into a 7 building campus for the internationally known school.

In order for the process to go ahead the council needs a super majority of votes, 5-2.  Presently two members are opposed and in order for the proposal to be defeated, another member of the council must defect to the two members now opposed

Dennis Krolian and Milagros Lecouna were observed devising strategies at City Limits restaurant last Friday. Mr. Krolian and Ms. Lecouna voted against approving the Final Environmental Impact Statement that was approved  in October by the Common Council.

A 4-3  vote at that time would have said the statement was not complete and the council could have demanded more information. However, Mayor Roach, Benjamin Boykin, John Martin, Beth Smayda and John Kirkpatrick voted for the the environmental impact statement as being complete at that time.

The Gedney Association has announced intention to file a suit against the city if a positive finding that the project can go forward is adapted by the Council

The Agenda:RESOLUTIONS: 1. Communication from the Environmental Officer in relation to the application submitted by the French American School of New York (FASNY) for a Special Permit and Site Plan Approvals to develop a private elementary and secondary school with accessory nursery school at 400 Ridgeway, White Plains, New York, and a resolution adopting an Environmental Findings Statement.
2. Environmental Findings Resolution of the White Plains Common Council
adopting the Findings Statement issued under the State Environmental Quality
Review Act, Environmental Conservation Law Section 8-101, Et. Seq. regarding
the application submitted on behalf of the French American School of New York
(“Applicant” or “FASNY”) in relation to Special Permit and Site Plan Approval and
related approvals for a private elementary and secondary school, and an
accessory nursery school, to be located on the property of the former Ridgeway
Country Club, such property consisting of four parcels (Section-Block-Lots SBL
131.14-9-3, SBL 131.14-2-3, SBL 131.10-1-6 AND SBL 131.10-3-32) and having
an address of 400 Ridgeway, White Plains (“Application”).

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Detox HEARING MOVED TO JANUARY. Detox Appeal to the Zoning Board Wednesday POSTPONED– 220 Days Late. Why Hear it Asks Carhart

WPCNR  DEVELOPER DEVELOPMENTS. From the Carhart Neighborhood Association. December 2, 2013  UPDATED DECEMBER 4, 2013:

THE Wednesday night  White Plains Zoning Board of Appeals Public Hearing to hear an appeal by Sunrise detox to reverse a decision made by Commissioner of Building Damon Amadio on February 27, 2013 has been postponed until January.

Amadio’s  decision was that Sunrise does not meet the criteria as a “Community Residence”, an opinion expressed by the Carhart Neighborhood Association at last year’s Public Hearings.

According to the White Plains Zoning Ordinance section 10.4.1, an appeal must be made within 60 days.

Sunrise submitted their appeal on October 10, 2013 more than 220 days after Amadio’s determination.

Therefore, it is the opinion of the Carhart Neighborhood Association, and its supporters, that an appeal to reverse the decision is invalid and should not be considered.

For additional information, please contact the Carhart Neighborhood Association at [email protected]

 

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