BRADLEY CASE MOVED TO COUNTY COURT: MRS. BRADLEY WANTS CHARGES DROPPED.

WPCNR WHITE PLAINS  LAW JOURNAL. By Peter Katz – Special to WPCNR – White Plains, NY – March 6, 2010 – The wife of White Plains Mayor Adam Bradley, Fumiko Bradley, through her attorney, Neal Comer, on Friday declared in court and to reporters that she does not want the case against her husband to go forward. However, the Deputy Chief of Westchester County’s Domestic Violence Bureau of the District Attorney’s Office, Amy Puerto, gave no indication in court that they were ready to drop the case.

 


The Bradley case was first heard in White Plains City Court on Friday morning, then was transferred to County Court. Police barricades had been set up on either side of the walkway leading to the steps of the Public Safety Building, where the White Plains City Court is located. Several uniformed police were on duty outside. Reporters and cameramen from television stations were in a barricaded area off to one side.


 


Several other cases were heard by City Court Judge Eric Press before the Bradley case was called. Mayor Bradley’s attorney, Luis Penichet, waived a reading of the charges, stated his client was not guilty, and stated that, in his opinion, this is not a criminal matter.


 


Jurisdiction was transferred to the Westchester County Court’s domestic violence part. Judge Press refused to hear anything substantive about the case, saying he no longer had jurisdiction.


 


However, Mrs. Bradley’s attorney, Mr. Comer, and Mayor Bradley’s attorney, Mr. Penichet, attempted to have Judge Press lift an order of protection which was issued last Sunday and prohibited Mayor Bradley from having contact with his wife.


 


Comer said Fumiko Bradley did not need and did not want the order of protection. He also told Judge Press that Mrs. Bradley does not want the case to go forward. He said that Mrs. Bradley does not feel endangered by her husband. Fumiko Bradley, dressed in black and standing with her attorney, was observed to be dabbing her face as if wiping away tears. Mr. Comer expressed the opinion that Judge Press retained jurisdiction until court closed on Friday and could lift the order of protection. Judge Press held his position, and the parties left City Court.  


 


Across the Street


 


The scene then shifted to the Westchester County Courthouse, where the case was quickly added to the calendar of Judge Susan M. Capeci. When the case was called in late morning, Mayor Bradley’s attorney, Mr. Penichet, told the judge that a deposition from Mrs. Bradley which was submitted in support of the third degree misdemeanor charges was not a “sworn document.”


 


A copy of document  had been obtained by a reporter and circulated among the news people covering the story at the courthouse.  It was not handwritten by Mrs. Bradley. It had been prepared by a White Plains detective, and was the result of an  interview with Mrs. Bradley.


 


Excerpts were broadcast and published Friday by some news outlets. Mrs. Bradley’s attorney, Mr. Comer, told the judge that English is not Mrs. Bradley’s first language, she did not understand the technical meanings of things she was signing and doing, and she was influenced by people giving her advice which was not in her best interest.


 


When asked outside the courtroom by WPCNR to identify the people to whom he was referring, Comer would not elaborate. Ms. Puerto of the DA’s office told Judge Capeci that Mrs. Bradley did not indicate to her during their interview that she had trouble with English. 


 


Penichet told Judge Capeci that they were ready for trial, and could even begin in a few hours. He emphasized that a speedy trial is important. He also said that they would want a jury trial.


 


The judge scheduled a pre-trial conference for April 1. Rather than completely lifting the order of protection as requested by the attorneys for both Mayor and Mrs. Bradley, Judge Capeci modified it so the two can again have contact with one another. It was noted that the order of protection did not prohibit Mayor Bradley from seeing their two daughters.


 


The order of protection had been issued after he was charged and arraigned last Sunday. Mrs. Bradley’s attorney, Mr. Comer, later told WPCNR that modifying of the order of protection will permit the Bradley’s to work together on resolving the difficulties their marriage has experienced. Comer also told WPCNR that he did not expect any further court proceedings until the April 1st conference.  

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COUNTY DOMESTIC VIOLENCE COURT CONTINUES MAYOR’S ASSAULT CHARGE TO APRIL 1. BOTH

BULLETIN:


WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR from Peter KATZ. March 5, 2010: After appearances of Mayor Adam Bradley and his wife, in the Westchester County Court Domestic Violence Part this morning, the presiding judge set April 1 as the next date when Mayor Adam Bradley and his wife, Fumiko would appear for a Trial conference.


The Assault in the Third Degree (misdemeanor) charge against Mr. Bradley will be taken up on that date. The matter of whether the domestic violence charge will be dropped is now up to the discretion of the Westchester County District Attorney’s Office. It is not known whether the Domestic Violence unit will conduct their own investigation of Mr. and Mrs. Bradley in the interim.


The attorney for Mrs. Bradley, Neal  Comer,  told Peter Katz this morning after the  appearance in the Domestic Violence court that both parties, Mr. and Mrs. Bradley want to repair their marriage. The attorney repeated  that Mrs. Bradley wanted the charge dropped and would not testify in support of the charge,  if the District Attorney proceeded with the case.


Mrs. Bradley’s attorney said there would be “no discovery procedure” in the case.


Mr. Bradley’s attorneys indicated Mr. Bradley did not plan to move back into his home immediately.


The Order of Protection in effect against Mr. Bradley (since last Sunday) was modified to allow Mr. Bradley to see his wife. He has not seen his wife except in court since Sunday when Mrs. Bradley filed a charge that he intentionally held her arm and slammed her finger in a door, according to the police report. Mr. Bradley has seen his two children in the interim.

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BULLETIN: MAYOR’S WIFE WANTS ASSAULT CHARGE DROPPED.WANTS ORDER PROT. LIFTED

 


BULLETIN


WPCNR WHITE PLAIN LAW JOURNAL. Special to WPCNR from Peter Katz. March 5, 2010: In proceedings finishing about fifteen minutes ago, Mrs. Adam Bradley, who charged her husband with assault last Sunday, said in City Court today, she wanted the charge of Assault in the 3rd Degree dropped.


She said she also wanted the court order of protection preventing her husband, Mayor of White Plains Adam Bradley, from seeing her, dropped.


Mrs. Bradley’s attorney, Neal Comer, said that if the county should proceed in the case, Mrs. Bradley will not testify to support the charges. Mr. Bradley is accused according to the police report  of forcibly slamming a door on Mrs. Bradley’s left middle finger Sunday morning. At about 3 P.M. last Sunday Mrs. Bradley filed charges against Mr. Bradley.


Judge Eric Press said he no longer had jurisdiction in the case and the matter is now moving over to the County Court Domestic Violence Part. Mrs. Bradley, appearing in court this morning appeared to be “in tears.”


Fumiko Bradley said she wanted the order of protection prohibiting her husband, Adam Bradley from seeing her or staying in their house lifted because it is interfering with her marriage. She indicated she never asked for an order of protection to be put into effect. The order was put in place by the City Judge at Mr. Bradley’s arraignment Sunday afternoon.

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WPCNR ANALYSIS OF THE DELFINO YEARS: The Renaissance & Decline

WPCNR NEWS & COMMENT. By John F. Bailey. March 5, 2010. (The following is adapted from a public appearance and presentation at the White Plains Downtown Neighborhood Association February 27.):


 


What was White Plains  like ten years ago?


 


Tishman Speyer was Mayor Delfino’s first choice to reinvigorate the shell left by Macy’s closing, but they had pulled out after Tishman Speyer’s movie tenant, Leows had departed due in part to a mysterious lawsuit filed by clothing merchant and horse racing enthusiast who filed a lawsuit which threatened to delay Tishman development of the empty Macy’s site. This mysterious suit was dismissed, but not before the movie tenant, Leow’s, condition had deteriorated financially and withdrew.


 


 


 





Mr. Cappelli would show an enthusiasm to move ahead similar to that of Robert Moses’ philosophy of “getting that first stake in” when attempting  to get a project approved. That City Center plan was approved by the Common Council in fall of 2001 after considerable architectural change, engineered by intense lobbying of the Common Council by the populace.


 


During that first year of WPCNR – Bank Street Commons, the first effort of the Delfino Administration was approved—the first to include required affordable housing component.  It was the beginning of the Renaissance.The approval of the City Center in 2001 eventually brought Fortunoff to town in 2003.


 


The Renaissance was in full bloom.


 


What was not approved — significantly — was a Delfino administration plan with New York Presbyterian Hospital in which the city would receive 60 acres of hospital property for a “central park” for White Plains, if the city would allow more commercial development of the Bloomingdale’s area. WPCNR covered this extensively, and here the forces against the commercial development prevailed.


 


An unfortunate trespass incident by a mysterious person WPCNR dubbed  “The Toxic Avenger” while this plan was being debated forced the hospital to close its grounds to the public for good to the people of White Plains. 


 


Eight years later those grounds are still closed.


 


As a result of that turn down of the 60 acres not even to refer it out,  the city bowed to a threatened subsequent lawsuit by the hospital and was forced eventually to consider and approve a proton accelerator project for the park property, however the New York Presbyterian Hospital never received committed funding for the technology and that project was never built.


 


The significance of that New York Presbyterian Hospital saga was that it demonstrated the vulnerability  the council exposes itself to, when it makes decisions based on politics, friendships and popular misconceptions. It creates precedents that threaten zoning and the city standards.


 


 Threats of lawsuits and creation of precedent setting zoning decisions followed as a result of this attitude by the common council, they consistently set themselves up in weak legal positions, to the extent that now site plans go on for years without starting. Land is banked by developers who don’t start projects crying poverty.


 


Also on the conservation front, a direct result of the hospital decision was the concept of buying land for conservation of open space which the city spent money on. Land was acquired for Liberty Park, with the county buying part of the land in return for a housing development.


 


The city spent $600,000 to create Liberty Park which has now due to an unforeseen algae growth problem in the lake created a park no one uses. The algae was thought by some experts to be caused by the fertilizer run off from the park grass. 


 


Land was acquired adjacent the Greenway for city money which also stopped possibility of development.


 


However, the council also sold off land to favored developers adjacent the Greenway in what amounted to a very mixed message.


 


Now the city has a net result of the hospital property still not accessable by residents, and virtually no plans yet to work out a way the city could again access that New York Presbyterian Property.


 


With the opening of the City Center in 2003 – White Plains entered a brief renaissance, culminating in 2005-2006 when the City Center was at its most successful – but still the sales tax did not reach the levels expected of it though they did hit a high of  $44 Million last year up from $34 Million before the City Center opened.


 


New condominium and retail projects were approved on Maple Avenue, and the Church and Barker Avalon Bay complex approved  and built. The JPI townhouse and condominium project was approved and has proved successful as has Avalon Bay on Barker Avenue, but as I write, the two Maple Avenue  projects, the Church and Barker condo  have yet to be started.  Site plans are consistently being extended by the Common Council and even for unprecedented lengths of time, creating precedents that may come home to roost in the future.


 


The idea of the PILOT, payments in lieu of taxes, has come under fire. The city used PILOTS to offer carrots to developers like Mr. Cappelli to make developing attractive. Whether Mr. Cappelli would have developed with higher PILOT payments is moot.


 


The city also drew another project from Louis Cappelli the 221 Main Project that the city approved in 2004, with a zoning change that allowed extension of zoning to adjacent lots, a key change that facilitated the 40 story now Ritz-Carlton and Condominium towers. Also approved is the Venue near Fortunoff . That stands stalled out at this point.


 


The city thanks in part to WPCNR reporting eventually convinced Cappelli Enterprises to line the sewer line to accommodate City Center and 221 Main future sewage at the suggestion of the Commissioner of Public Works to prevent an overflow problem, and construct a supplementary “Nicoletti bypass sewer line to take the effluent load off the Main Street sewer.


 


A tip of that hat goes to Susan Elan, former Journal News White Plains reporter for her routine FOIA of city records and communications, involving the sewer line which revealed the “stinking memo” (as opposed to “smoking gun,”) from Commissioner Joseph Nicoletti where Mr. Nicoletti predicted catastrophic overflows if the Main Street sewer alone served both 221 Main and the City Center.


 


An interesting aside on the Nicoletti memo: the comments were in the original legislation approving the the project, but the Common Council apparently missed it, as did the media, including yours truly.


 


Initial sales for the condominiums at the Ritz Carlton  were remarkably strong in 2005-6, but now 38 of those units are being offered for sale in a package at about $600,000 apiece, the project is perhaps victimized by the burst of the real estate speculation that collapsed in the last two years. Planned condominium projects are not being started because no market is available to buy the condos.


 


Even 55 Bank Street another model affordable housing, retail apartment complex is stalled at this time due to the paralysis of the financial markets – but not before the city granted them a PILOT, and sold the land for the building to them without putting it up for auction first – now that project is stalled.


 


The affordable housing restriction in which developers have to devote 10% of their units to affordable housing is another good-intentioned council policy that evolved because it was popular and “the right thing to do.”


 


Whether this will be a roadblock to future development remains to be seen. My guess is it will be. Who wants to build affordable housing in this economy?


 


The city government also changed primarily in union contracts that routinely followed the steady 3 to 4% inflation rate. That has now come back to haunt the city as inflation has ground to a zero rate. But soft negotiating with municipal unions is a pattern you see across the state. Politicians in power have no stomach for negotiating hard with unions and inflation rarely dictates the union settlements.


 


Sales Tax receipts have declined thanks to the economy, and perhaps White Plains parking policies possibly keeping customers out of White Plains, and city revenues have fallen from the real estate bust too. 


 


The government also, to fund those union contracts went to raise sales taxes and also created the Department of Parking to access the Parking Authority surplus to handle general fund expenses. I can not speak for the thinking behind this, but they were confident that the money used to pay for spending on increases in public safety, fire, and city expenses, would eventually come in as the economy expanded ever onward, driving up the sales tax.This is a simplification of what happened.


 


It has not worked out that way.


 


My friend Peter Katz whom  I do the WHITE PLAINS WEEK television show with – told me just today real estate values in White Plains have fallen to prices of fifteen years ago.


 


What White Plains faces as  a result of the national financial debacle, is a shattering of the upward mobility concept where people believe in the future, will extend their own personal risk to buy a better standard of living, confident they will be able to grow in their income and handle the debt of acquiring better places to live.


 


When the consumer loses that belief in the future, economic stagnation sets in. It has happened in just three years. From the soaring real estate values of 2005-6 we now see a  10% reduction in the value of the typical White Plains home – and that is a home priced in the $650,000 range. Condominiums are worth much less and are simply not selling.


  


Where does White Plains stand today: we are better off obviously for having executed the development of the Delfino years, (otherwise we would be in truly sad shape), but the tools used to execute the short-lived Renaissance may not have guaranteed a successful result, consequently the city is at another crossroads. Is this due to the economy? In part, yes. However, even before that, the sales taxes coming in were lagging, and not keeping pace with inflation.


 


 

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