GOVERNOR HOCHUL LOWERS BOOM ON STATE SPREADERS AND RAISES THE MASK: “MASK UP” INDOORS IN BUSINESSES ALL KINDS STATEWIDE UNLESS STAFF FULLY VACCINATED STARTING MONDAY. $1,000 FINE FOR EACH VIOLATION. WINTER COVID SURGE 43% HIGHER IN WEEK. HOSPITALIZATIONS BALLOON 29%. VACCINATION EFFORTS “TOO SLOW.” LATIMER LAUNCHES VACCINATION PUSH. WESTCHESTER NEW 7-DAY CASE TOTAL MATCHES STATE GROWTH IN WEEKLY CASES– 43%. COUNTY HOSPITALIZATION IS LOWER,

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State to Reassess Measure on Jan. 15, 2022 UPDATED WITH EDITOR’S NOTES AND COUNTY VACCINATION OPPORTUNITIES 4:20 PM 

Governor Kathy Hochul today announced masks will be required to be worn in all indoor public places unless businesses or venues implement a vaccine requirement. This a major action to address the winter surge comes as COVID-19 cases and hospitalizations rise statewide to be in alignment with the CDC’s recommendations for communities with substantial and high transmission. The State Health Commissioner issued a determination solidifying the requirement.    Local Health Departments will enforce the new mask mandate to head off the rapid spread due to holiday social carelessness.


“I have warned for weeks that additional steps could be necessary, and now we are at that point based upon three metrics: Increasing cases, reduced hospital capacity, and insufficient vaccination rates in certain areas,” Governor Hochul added. 

Since Thanksgiving, the statewide seven-day average case rate has increased by 43% and hospitalizations have increased by 29%. While the percentage of New Yorkers fully vaccinated continues to increase—gaining 2% from Thanksgiving weekend to now—the uptick is not fast enough to completely curb the spread of the virus, particularly among communities with low vaccination coverage.

(Editor’s Note: Today the White Plains Covid Tracker reported Westchester new positive cases on Wednesday, December 7 as 366 unfortunate individuals testing positive for covid, 3.7% of 9,954 tested Wednesday bringing the total of new cases of covid to 2,344 new cases in one week from December 1 to December 7, compared to 1008 for the first six days of the week. Note That is a 43% increase in new cases in a week, the same as the increase in state infection average WEEK case rate, 43%.

Hospitalizations were stated by the county in the County Executive’s Covid briefing Monday as 84 in the county. two weeks ago on November 15, there were 170 new positives. Those new positives infected 2 persons each (366 divided by 170 positives on Novemver 17. . If the 366 positives only created 84 hospitalizations (if the 84 figure is recent and not lagging behind for cosmetic, more palatable numbers, then the Westchester hospitalization rate of new infections two weeks ago (170) December 7 is 23%, behind of the state wide 7 day average of of 29% in hospitalizations. Westchester is doing better than the rest of the state, but not by much.

Reacting to Governor Hochul’s NEW MASKING OF NEW YORK, County Executive George Latimer wrote:

“We recognize Governor Kathy Hochul for her leadership in announcing a statewide mask mandate.  This pandemic has reached crisis proportions in parts of the state, and we can’t be sure that it won’t rise to equal status in the rest of the state.  The Governor does not make these decisions lightly, and I respect and appreciate her steady hand in these difficult times.  Westchester County will do our professional best to enforce this mask provision. At this point, this is the best move to protect the health of New Yorkers, and to protect the health of the New York State economy. It is far less restrictive than a shutdown of our businesses; it is an action that shows leadership and restraint.”

Westchester County Executive George Latimer issued a news release today, saying:

“We want Westchester County to emerge on the other side of the COVID-19 pandemic, and getting your vaccine or booster is more important now than ever with the Omicron Variant making its way into our region. One thing that we do know is that the vaccinations are working, and it is the best way to help prevent the spread of this disease.

We know that nearly all of Westchester County’s population has received at least one dose of the vaccine, and we appreciate everyone doing their part to keep our communities healthy and safe. But – if you have not yet gotten the vaccine or your booster, please make an appointment to do so. Help us turn the corner on this deadly disease.”

Westchester County is hosting multiple COVID-19 vaccine and booster clinics at locations throughout the County. Visit the County Health Department Website to schedule an appointment today.  

The Department of Health is holding vaccine booster clinics for eligible individuals by appointment only, at 134 Court Street in White Plains. Schedule a Pfizer, Moderna or Johnson & Johnson Booster shot HERE.

The New York State Vaccination Clinic for anyone ages five and up has moved from the Westchester County Center in White Plains, to Westchester Medical Center in Valhalla. Appointments are required. Make an appointment HERE.



The State Department of Health has produced nation-leading studies, published in the CDC’s MMWR and the New England Journal of Medicine, which demonstrate the COVID-19 vaccines’ effectiveness – particularly in preventing severe disease. The Department continues to urge eligible New Yorkers of all ages to get fully vaccinated and boosted as soon as possible.
    

This determination is based on the State’s weekly seven-day case rate as well as increasing hospitalizations. The new business and venue requirements extend to both patrons and staff. This measure is effective Dec. 13, 2021 until Jan. 15, 2022, after which the State will re-evaluate based on current conditions. The new measure brings added layers of mitigation during the holidays when more time is spent indoors shopping, gathering, and visiting holiday-themed destinations.     


“As Governor, my two top priorities are to protect the health of New Yorkers and to protect the health of our economy. The temporary measures I am taking today will help accomplish this through the holiday season. We shouldn’t have reached the point where we are confronted with a winter surge, especially with the vaccine at our disposal, and I share many New Yorkers’ frustration that we are not past this pandemic yet,” Governor Hochul said. “I want to thank the more than 80 percent of New Yorkers who have done the right thing to get fully vaccinated. If others will follow suit, these measures will no longer be necessary.”   

Acting Health Commissioner Dr. Mary T. Bassett said, “Community spread requires a community-minded solution, as the Omicron variant emerges and the overwhelmingly dominant Delta variant continues to circulate. We have the tools we need to protect against the virus – and now we must ensure we use them. There are tools each individual can use, and there are actions we can take as government. Getting vaccinated protects you, and wearing a mask is how we will better protect each other. Both vaccination and mask-wearing are needed to slow this COVID-19 winter surge.”    

A violation of any provision of this measure is subject to all civil and criminal penalties, including a maximum fine of $1,000 for each violation. Local health departments are being asked to enforce these requirements.    

Business/Venue Proof of Full-Course Vaccination Requirement    

Businesses and venues who implement a proof of vaccination requirement can accept Excelsior Pass, Excelsior Pass Plus, SMART Health Cards issued outside of New York State, or a CDC Vaccination Card. In accordance with CDC’s definition of fully vaccinated, full-course vaccination is defined as 14 days past an individual’s last vaccination dose in their initial vaccine series (14 days past the second shot of a two-dose Pfizer-BioNTech or Moderna vaccine; 14 days past the one-shot Janssen/Johnson & Johnson vaccine). The State also accepts WHO-approved vaccines for these purposes. Parents and guardians can retrieve and store an Excelsior Pass and/or Excelsior Pass Plus for children or minors under legal guardianship.    


Business/Venue Mask-Wearing Requirement    

Businesses and venues that implement a mask requirement must ensure all patrons two years and older wear a mask at all times while indoors.    


Continued Masking Requirements    

Unvaccinated individuals continue to be responsible for wearing masks, in accordance with federal CDC guidance. Further, the State’s masking requirements continue to be in effect for pre-K to grade 12 schools, public transit, homeless shelters, correctional facilities, nursing homes, and health care settings per CDC guidelines.    


New York State and the State’s Department of Health continue to strongly recommend mask-wearing in all public indoor settings as an added layer of protection, even when not required. Children 2 – 5 who remain ineligible for vaccination must wear a proper-fitting mask.

COVID-19 vaccines and booster doses are free and widely available statewide. New Yorkers can visit vaccines.gov, text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. To schedule an appointment at a state-run mass vaccination site, New Yorkers can visit the Am-I-Eligible site. New Yorkers can also contact their health care provider, county health departments, Federally Qualified Health Centers (FQHCs), rural health centers, or pharmacies.

New Yorkers can retrieve their Excelsior Pass or Excelsior Pass Plus here. Businesses and venues can download the Excelsior Pass Scanner app—free for any business nationwide and available in more than ten languages—here.      

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“UNRECORDED DEED” NOT YET PROCESSED BY COUNTY CLERK AFTER 11 DAYS, SURFACES. CONFIRMS SALE OF RIDGEWAY COUNTRY CLUB . CLEARS WAY FOR CLOSURE OF THE 11-YEAR FRENCH AMERICAN SCHOOL –WHITE PLAINS SAGA VS. THE GEDNEY NEIGHBORHOOD TONIGHT. “UNRECORDED” CONTRACT STATES SALES PRICE OF $16.5 MILLION.

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Photograph of first page of the elusive contract between French American School of New York and Farrell Building Company of Bridgehampton New York. Below is a partial copy of the Schedule A detailing the Parcels of Land sold (all making up the former country club were sold), and below
Below is the Westchester County Recording & Endorsement Page. Again, the contract is not recorded officially after having been signed on the last day remaining on the Appellate Court of Appeals schedule to inform the court of any reasons why the argument of the case before the Appellate Court could be heard the

WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. December 9, 2021:

White Plains CitizeNetReporter has obtained a “not-as-yet recorded” copy of contract disclosing the sale of the Ridgeway Country Club announced November 29 by the French American School public relations agency to the media, before the court was notified of the sale.

With this confirmation of a tangible in writing contact, it paves the way for Dan Seidel, attorney for the Gedney Association to withdrawn as Plaintiff/Appellant in the suit, not withdrawing as attorney, because the sale of the property renders the “Environmental Challenge” to the City of White Plains approval defunct.

For a week now, the contract has been requested by counsel representing the Gedney Association vs. French American School of New York and City of White Plains. Apparently the contract was under discussion for three months back to July 30, one of dates of an agreement in the document.

There was no record of the contract on file in the County Clerk’s office as of Tuesday of Farrell Building Company owning the property.

There was no effort to find the contract in the Clerk’s Office to see if it was in the “pile,” (the size of which was undetermined) of “to be recorded” documents yet to be filed according to a person who contacted the County Clerk’s office asking for verification the $16.5 Million Farrell-FASNY contract shown above were “in-house.” That request was yesterday.

WPCNR reckons the contract above may have been sitting in the County Clerk office for 11 days, if filed November 29, the date of the contract

The wayward deed has been received just in the nick of time to allow Mr. Seidel the confidence the property has been sold, clearing the way for him to withdraw as plaintiff/appellant and file a “Stip of Withdrawal” with the court, requesting approval for him to withdraw from the Environment Issue on the grounds that the “Environmental Issue” is now moot.

It is moot because the school project is defunct, as FASNY has sold the property, which the contract proves.

We believe Mr. Seidel’s request to withdraw has been agreed to by all parties in the suit to drop the Environmental Issue in the appeal.

The Gedney Association is holding a meeting to decide whether to go ahead with arguing the deed restriction applying to the property.

Previously in 2018, the Gedney Association wrote their membership on the merits and legality of the deed restriction, and I quote:

Development of institutional use on the golf course is prohibited pursuant to a chain of farsighted Deed Restrictions formulated years ago to protect the residential values and character of the Gedney Farms neighborhood.  These private restrictions are legal and especially understandable in that the former golf course threads through the neighborhood backing up to numerous homes as opposed to merely adjoining the neighborhood.  Importantly, the Deed Restrictions don’t prohibit reasonable use of the acreage (ie. residential use), but only institutional use, which includes hospitals as well as FASNY.
 
Our ongoing litigation on the FASNY matter comprises both an appeal of the recent FASNY approval by the Common Council and enforcement of the Deed Restrictions. They are separate and distinct issues.  The Common Council has no authority over private Deed Restrictions.

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ON “PEOPLE TO BE HEARD” NOW ” DOROT OF WESTCHESTER IN WHITE PLAINS “GENERATIONS REACHING OUT TO GENERATIONS” PROVIDING FRIENDS IN NEED. SEE IT ANYTIME ON www.wpcommunitymedia.org

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:

JOHN BAILEY INTERVIEWS CIPPI HARTE, (LEFT)DIRECTOR DOROT WESTCHESTER AND CYNTHIA SAMWICK, DOROT VOLUNTEER FOR DOROT ON THE FREE PROGRAMS DOROT WESTCHESTER PROVIDES

COMPANIONSHIP, FRIENDSHIP, EDUCATION, ACITIVITIES AND SELF IMPROVEMENT TO OVER 300 PERSONS IN WESTCHESTER.

START THE NEW YEAR WITH A NEW START FOR THOSE WHO JUST NEED A HELPING HAND SOMEONE TO BE A FRIEND, COMPANION, LIGHTEN LIFE’S CARES FOR A WHILE

PERSONS WHO NEED HELP IN THE SEASON OF LIGHT

FIND OUT HOW A DOROT VOLUNTEER IS THE PERFECT GIFT FOR SOMEONE IN YOUR FAMILY THAAT NEEDS A REGULAR FRIEND THEY CAN COUNT ON AND COUNT ON SEEING REGULARLY


MS. HARTE AND MS. SAMWICK SHOW YOU HOW THE YEARS OF EXPERIENCE OF DOROT CAN HELP FRIENDS AND LOVED ONES WITH THE COMPASSION, EXPERTISE AND TRAINING OF A DOROT VOLUNTEER

BRIGHTEN UP THE HOLIDAYS
MAKE THE NEW YEAR REALLY NEW WITH THE GIFT OF A DOROT VOLUNTEER’S COMPANIONSHIP, A FREE SPECIAL SERVICE TO A PERSON SPECIAL TO YOU AND YOUR FAMILY.

SEE IT ANYTIME BY GOING TO WWW.WPCOMMUNITYMEDIA.ORG. SCROLL DOWN THE “PROGRAM WALL” TO “PEOPLE TO BE HEARD” CLICK AND WATCH

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Stepinac High School to Celebrate Latest REAL-WORLD Advanced Learning Technologies Friday

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New STEAM Center, Finance Center, Leonardo Adult Patient Simulator, 3D Anatomage Table Continue Stepinac’s Leadership in Secondary Education

Continuing its leadership in secondary education to provide students with the skills they will need to become globally competitive at college and in their future careers, Stepinac High School will celebrate its latest Real-World advanced learning technologies including a new STEAM Center, Finance Center with Bloomberg terminals, Leonardo Patient Simulator, 3D Anatomage Table and two more learning spaces modeled after Columbia University’s Classrooms.

Fr. Thomas Collins (Class of ’79), Stepinac president, who will preside over the dedication ceremony; members of the administration and faculty; civic and community leaders including White Plains Mayor Thomas Roach and students who will demonstrate how they are using the advanced learning technologies, members of the Stepinac  distinguished Stepinac alumni and students who will using the sophisticated and engaging learning tools, typically found at college, to enhance their understanding of and successfully undertake real-world applications in engineering, architecture and bio science, among others.

WHEN: 10 AM, FRIDAY, DECEMBER 10

WHERE:  Stepinac High School, 950 Mamaroneck Avenue, White Plains, NY

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WESTCHESTER PERSONS TESTING POSITIVE MONDAY DOUBLE IN WEEK TO 395. 7 MID-HUDSON COUNTIES AND NASSAU AND SUFFOLK HAVE MORE COVID POSITIVES THAN ALL OF NEW YORK CITY IN 20 OF LAST 25 DAYS. GOVERNOR HOCHUL DESCRIBES STATE SITUATION

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WPCNR CORONAVIRUS REPORT. Based on New York State Covid Tracker and Governor Hochul Advisory. December 9, 2021 UPDATED WITH WPCNR CHART 1 PM EST;

138,694 Vaccine Doses Administered Over Last 24 Hours    

40 COVID-19 Deaths Statewide Yesterday     

6 More Omicron Cases Confirmed in NYC

WESTCHESTER NEW POSITIVES MONDAY: 395 TEST POSITIVE OF 11,350 TESTED, 3.6%. 1,146 NEW COVID CASES IN MIDHUDSON REGION.

Latest Westchester Week in Covid updated through Monday, December 6. Chart using the White Plains CitizeNetReporter Created Hospitalization Rate Formula based on the 84 hospitalizations in Westchester reported Monday by Westchester County Executive George Latimer indicates the number of new covid cases two weeks ago have been hospitalized at a 58% rate based on the 10 to 14 days it takes to get sick from Covid.

The 395 cases Monday if 58% got seriously sick, requiring hospitalization by December 20, 209 of them may be hospitalized. WPCNR acknowledges some persons get infected with covid very quickly, others take a longer time to get infected and not all testing positive get sick or are hospitalized at the same time so the formula is only approximate, and the number reported hospitalized is never a firm number.

The chart also notes that if the 395 unfortunate persons testing positive Monday December 6 infect at the same rate, 2-1/2 persons as those 158 testing positive two weeks ago this would result in 987 persons testing positive the week before Christmas. WESTCHESTER WEEK IN COVID CHART AID Prepared by White Plains CitizeNetReporter to supplement the Governor’s Report with local perspective

Governor Hochul’s Report:

New Yorkers looking to schedule vaccine appointments for 5-11-year-old children are encouraged to contact their child’s pediatrician, family physician, county health departments, Federally Qualified Health Centers (FQHCs), rural health centers, or pharmacies that may be administering the vaccine for this age group. Parents and guardians can visit vaccines.gov, text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. Make sure that the provider offers the Pfizer-BioNTechCOVID-19 vaccine, as the other COVID-19 vaccines are not yet authorized for this age group. 

Governor Kathy Hochul Wednesday updated New Yorkers on the state’s progress combating COVID-19.    

“Let us all continue to get vaccinated, get the booster shot, and encourage our family members and fellow New Yorkers to do the same,” Governor Hochul said. “We know the tools to limit the spread and prevent serious illness from the COVID-19 virus, let’s use them. The vaccine is safe, effective, and our best hope for moving past this pandemic. We will get through this together.”


Today’s data is summarized briefly below:  

  • Test Results Reported – 230,412
  • Total Positive – 9,833
  • Percent Positive – 4.27%
  • 7-Day Average Percent Positive – 4.75%
  • Patient Hospitalization – 3,489 (+88)
  • Patients Newly Admitted – 536
  • Patients in ICU – 633 (+2)
  • Patients in ICU with Intubation – 352 (+0)
  • Total Discharges – 218,409 (+427)
  • New deaths reported by healthcare facilities through HERDS – 40 
  • Total deaths reported by healthcare facilities through HERDS – 46,903

    The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.  
  • Total deaths reported to and compiled by the CDC – 59,689

    This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.  
  • Total vaccine doses administered – 30,759,134
  • Total vaccine doses administered over past 24 hours – 138,694
  • Total vaccine doses administered over past 7 days – 881,149
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose – 86.5%   
  • Percent of New Yorkers ages 18 and older with completed vaccine series – 78.8%  
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) – 91.9% 
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) – 81.2%  
  • Percent of all New Yorkers with at least one vaccine dose – 74.9%  
  • Percent of all New Yorkers with completed vaccine series – 67.4%  
  • Percent of all New Yorkers with at least one vaccine dose (CDC) – 79.5%  
  • Percent of all New Yorkers with completed vaccine series (CDC) – 69.2% 

Each region’s 7-day average of cases per 100K population is as follows 

RegionSunday, December 5, 2021Monday, December 6, 2021Tuesday, December 7, 2021
Capital Region70.4371.7469.37
Central New York71.0571.6271.57
Finger Lakes79.1679.8476.86
Long Island55.1158.2559.66
Mid-Hudson40.9941.6842.85
Mohawk Valley83.3483.8785.25
New York City24.4425.6926.99
North Country77.9176.4875.35
Southern Tier77.9781.5880.90
Western New York88.5886.7582.47
Statewide47.5148.6948.96

Each region’s 7-day average percentage of positive test results reported over the last three days is as follows:    

Region  Sunday, December 5, 2021Monday, December 6, 2021Tuesday, December 7, 2021
Capital Region7.45%7.52%7.03%
Central New York8.01%7.93%7.78%
Finger Lakes10.29%10.14%9.58%
Long Island5.89%5.98%6.04%
Mid-Hudson4.50%4.63%4.63%
Mohawk Valley8.41%8.29%8.38%
New York City2.26%2.35%2.35%
North Country8.81%8.58%8.27%
Southern Tier5.95%6.01%6.00%
Western New York11.22%11.12%10.66%
Statewide4.82%4.87%4.75%
To put the spreading of Covid in the New York Metropolitan Area Into Perspective, WPCNR has create this ONE DAY IN COVID CHART profiling Monday’s covid performance. Chart compiled by WPCNR

Each New York City borough’s 7-day average percentage of positive test results reported over the last three days is as follows:    

Borough in NYC  Sunday, December 5, 2021Monday, December 6, 2021Tuesday, December 7, 2021
Bronx2.25%2.36%2.39%
Kings2.14%2.28%2.32%
New York1.57%1.62%1.60%
Queens2.85%2.90%2.89%
Richmond3.83%3.81%3.88%

Yesterday, 9,833 New Yorkers tested positive for COVID-19 in New York State, bringing the total compiled by HERDS to 2,779,313. A geographic breakdown is as follows:  
    

County  Total Positive  New Positive  Number of Omicron Cases Confirmed Statewide: 14*
Albany35,729143
Allegany6,34822
Broome29,3581281
Cattaraugus10,51454
Cayuga10,14945
Chautauqua15,86489
Chemung13,46079
Chenango5,88036
Clinton8,50334
Columbia6,02353
Cortland6,30828
Delaware4,76142
Dutchess39,072174
Erie130,859638
Essex3,15132
Franklin5,79044
Fulton8,19841
Genesee9,13571
Greene5,17229
Hamilton5332
Herkimer8,83895
Jefferson12,02291
Lewis4,39526
Livingston7,60335
Madison7,78968
Monroe101,904470
Montgomery7,56950
Nassau232,051769
Niagara30,247158
NYC1,151,0582,59013
Oneida34,6382122
Onondaga62,018339
Ontario12,37767
Orange64,019258
Orleans5,87046
Oswego14,94388
Otsego5,76965
Putnam13,50871
Rensselaer18,32293
Rockland56,362100
Saratoga26,181154
Schenectady20,12592
Schoharie2,93834
Schuyler2,05810
Seneca3,46812
St. Lawrence13,603108
Steuben13,26489
Suffolk262,9001,0173
Sullivan10,08472
Tioga6,69955
Tompkins7,77332
Ulster19,75276
Warren7,77039
Washington7,19056
Wayne10,92159
Westchester150,7433951
Wyoming5,62845
Yates2,10713

* These case counts represent those known cases that have been confirmed by a state approved laboratory, and do not fully represent the total cases likely in the population.

Yesterday, 40 New Yorkers died due to COVID-19, bringing the total to 46,903. A geographic breakdown is as follows, by county of residence:    

Deaths by County of Residence  
County  New Deaths  
Bronx1
Chautauqua1
Chemung3
Delaware1
Dutchess1
Erie8
Essex1
Kings3
Livingston1
Madison1
Manhattan1
Monroe2
Oneida1
Onondaga2
Orange1
Queens3
Rensselaer1
Saratoga2
Schenectady1
St. Lawrence1
Suffolk1
Ulster1
Warren1
Wyoming1

All New York State mass vaccination sites are open to eligible New Yorkers aged 5 and older, with walk-in vaccination available at all sites on a first-come, first-serve basis for people aged 12 and older. Information on which sites require appointments for children in the 5-11 age group is available on our website. People who prefer to make an  appointment at a state-run mass vaccination site can do so on the Am I Eligible App or by calling 1-833-NYS-4-VAX. People may also contact their local health department, pharmacy, doctor or hospital to schedule appointments where vaccines are available, or visit vaccines.gov to find information on vaccine appointments near them. 

New Yorkers looking to schedule vaccine appointments for 5-11-year-old children are encouraged to contact their child’s pediatrician, family physician, county health departments, Federally Qualified Health Centers (FQHCs), rural health centers, or pharmacies that may be administering the vaccine for this age group. Parents and guardians can visit vaccines.gov, text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. Make sure that the provider offers the Pfizer-BioNTechCOVID-19 vaccine, as the other COVID-19 vaccines are not yet authorized for this age group. 

Posted in Uncategorized

ATTORNEY FOR GEDNEY ASSOCIATION WITHDRAWS AS PARTY PLAINTIFF/APPELLANT OVER “MOOT ISSUE” CREATED BY FASNY SALE OF RIDGEWAY COUNTRY CLUB PROPERTY

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WPCNR WHITE PLAINS LAW JOURNAL. Statement to WPCNR. December 8, 2021:

As WPCNR reported yesterday, the plaintiffs in the Gedney Association vs. French American School of New York and the City of White Plains are stymied

The surprise sale by the French American School of New York of the entire Rigeway Country Club property which the court was not told about prior to the November 28 news release to the media announcing the sale has created a dilemma.

The “Environmental Issue,” one of the two appeals the Association made two years ago that is currently being held for scheduling of argument in the Appellate Court of Brooklyn is stymied as to how to proceed on the remaining issue of the appeal: of the moratorium on institutional use attached to the property since 1925.

Today, Dan Seidel, the architect of the papers presenting the moot “Environmental Issue” brief that the Appellate Division agreed to hear (with the “institutional” issue), announced today he was withdrawing as plaintiff/appellant.

He has issued the following statement to WPCNR explaining his action :

“Update: the plaintiffs’ fighting the “institutional use” holding of  Judge Lefkowitz have a dilemma.

As I no longer live in the area, and the SEQRA environmental issues have been resolved by the sale to a housing developer, who promises luxury houses I have no remedy that can be granted from the Appellate Court.

My damages claimed (in the appeal) included no monetary relief, but a mere “re-do” of the environmental issues.

I shall therefore withdraw as a party plaintiff/appellant, not as attorney.

My issue is now moot.

The School never got built and is now gone. 

The Appellate Court Rules state that when an issue is moot, the Court SHALL be notified immediately and the process will be affected.

I will withdraw as an appellant as I no longer live in the area and the issue I was contesting is moot. Failure to do so can result in significant monetary sanctions to ME (wasting the court’s time with an issue that has been resolved) and I can be disciplined on my permanent record. 

John Sheehan and Gedney still have standing in the SEQRA issue and it will be their choice to go forward or not on those issues. 

The deed restriction issue can be argued and also, any new developer will have to go thru SEQRA again and the plaintiff’s in that action and others can still contest the Zoning/definition issue – hence the need to submit the paperwork for a decision.

Oral argument doesn’t have to be had – we can all  “submit”. 

 I will advise the Court, as attorney, the other plaintiffs still wish to proceed so far, but I will no longer be a party plaintiff/appellant.

Because of Judge Lefkowitz’s bizarre and wrongful opinion on the “institutional use” definition, the other plaintiiffs/appellants will still proceed. 

Too, because the two actions were wrongfully “joined” for a single trial, the Gedney SEQRA part may still have to be submitted for a decision (because of the Lefkowitz errors), just without my name as a party plaintiff/Appellant.

This is still being discussed. Should any new builder/owner wish to build an institution on the FASNY Property (ALL STILL zoned R1:30,000 ONLY) that issue can be contested anew or the deed restriction issues can be appealed this go round on a “framed issue” basis.” 

Posted in Uncategorized

FIRST OMICRON COVID VARIENT VICTIM IN WESTCHESTER IS A 13 YEAR OLD. “STATE OF EMERGENCY” IS DECLARED IN COUNTY WITH A WATCH ON HOSPITALIZATIONS (84) GOING UP. WHITE PLAINS HOSPITAL NOT OVERRUN WITH COVID CASES, CEO SAYS, WILL NOT LIMIT ELECTIVE SURGERIES. NASSAU, SUFFOLK COUNTY HAVE 1,791 NEW INFECTIONS SUNDAY, 1,580 SATURDAY,2,038 FRIDAY.

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WPCNR CORONAVIRUS UPDATE. By John F. Bailey. December 7, 2021:

The day after County Executive George Latimer’s Covid Monday news conference, the county learned of the first overly contagious Omicron Covid Varient case, a 13 year old boy. The County Executive issued this statement Tuesday at 5:30 PM:


“Earlier this afternoon we were informed that there is a confirmed case of the COVID-19 Omicron variant in Westchester County. The positive case is in a 13-year-old Westchester County resident.  We are concerned about this discovery, and are closely monitoring the situation.  With the new variant circulating, the best way we can protect our families and ourselves is by being vaccinated, and by getting a booster shot if you are eligible.

“Additionally, I have officially signed the State of Emergency Executive Order for Westchester County.  I am taking this action to combat the Delta and Omicron COVID variants.  There is currently a public health threat, I know it has been many months, I know you are tired but we – together – must take action to be better prepared to fight COVID and the new variants.”

In his news conference on Covid Monday the County Executive stated his administration was preparing a 5-step plan which would be implemented when key indicators of covid infections and hospitalizations were reached. He did not apply and new requirements for Westchester County. He said that 84 new hospitalizations were reported in Westchester, up from 52 a week ago, a 61% increase in hospitalizations. He presented this chart :

The County Executive said that the county was formulating a Five Step plan of actions to take if hospitalizations continued to rise. The first step pictured above is triggered by rising to 100 hospitalizations. He said the next steps would involve restrictions. Tuesday morning on WVOX Radio ‘s Dennis and Tonny’s Good Morning Westchester, he said that with hospitalizations “rising towards 100, the county is declaring a state of emergency.”

He stressed in his covid briefing the county was “nowhere near” the infections of previous weeks, and noted the low death rates over the last year, shown below as evidence the county was not in serious danger of overburdening county hospitals. He said the 93% vaccinated population with at least one shot was definitely a factor in reducing hospitalizations saying that 57% of hospitalized patients were unvaccinated, and the rest were either presumed unvaccinated, or had preexisting health conditions.

Susan Fox, President, CEO of White Plains Hospital appeared at the invitation of the County Executive to address the Governor’s suggestion for hospitals to not accept elective surgeries.

She said that the hospital realizes it has to maintain a balance between being ready for Covid patients and serving the needs of the public. She said her staff is burned out from treating covid, but presently, only 15 patients are being treated for Covid at White Plains Hospital and only 1 is in the ICU unit. She gave the impression the hospital was not at the point where they would cancel elective surgeries which Governor Kathy Hochul suggested last week.

The County Executive answering a question by John Gordon of News 12 in the news conference about reopening the County Center as a vaccination center (it has been closed for vaccinations since November 14), said he was looking at that but did not give a reason why.

Mr. Latimer had a lot of issues he wanted to stress, which meant he had no time all the statistics that would indicate how good the public response is to the need to be vaccinated.

The County Executive did not give a count of how the vaccination shot administrations were going since the Westchester Medical Center took over that responsibility for the region. We were not told whether vaccinations were up in frequency or down as he used to do when the County Center, the Yonkers Armory and the Health Department on Court Street in White Plains were punching out shots to long lines in August. Pharmacy shot totals were not addressed. School vaccinations response trends were not given in detail.

When WPCNR asked the County Department of Communications for the figures on Westchester Medical Center vaccinations for children under 12, and those adultsnover 18, they recommended WPCNR go to the Westchester Medical Center press office.

WPCNR awaits a call back from Andrew LaGuardia, media spokesperson for Westchester Medical Center for an explanation of number of first shots, second shots and boosters administered and volume of children under 12 getting shots since November 14 when the Westchester Medical Center took over administering shots in the county. Such figures would provide a better picture of the public response to the county urging they get their vaccinations over the last two monthsl

WPCNR also asked Mr. LaGuardia if Westchester Medical Center was already taking in overflows of patients from surrounding counties in the the Mid-Hudson region where there are not as many hospitals as Westchester. Infections have been racing up the last two weeks in Orange County, Rockland County, Ulster County and Dutchess.

The climb in the MidHudson region continued Sunday and Long Island shows no signs of stopping and no detailed hospitalization numbers have been issued by the state.

On Sunday, December 5 the New York State Covid Tracker showed Westchester County infections leading the Mid-Hudson region with 280 unfortunate new positives testing with covid of 6,401 tested, 4.4%. Orange County had 152, Dutchess, 106, Rockland 96, Ulster, 52, Putnam 36. Sullivan,28.

Nassau and Suffolk county positives continue to astound.

On Sunday, Nassau produced 759 positives, a 6.6% infection rate on 11,422 tested. Suffolk found 932 positives of 12,383, 7.5%. No figures given for Nassau and Suffolk hospitalizations.

The MidHudson Region of 7 counties and Nassau and Suffolk counties totaled 2,441 new infections Sunday. The New York City five boroughs has 2,159. Sunday marked the 20th day in the last 25 days that the 9 suburban counties had more new persons coming down with covid than all of New York City.

Beware.

At the conclusion of the news conference Monday, Mr. Latimer admonished the audience with these words about getting vaccinated:

“Get it!”

He said at the conclusion of the press queries that he expected covid is going to be with us forever and that people needed to rise to the occasion and live with covid by being thoughtful (of others), practicing self-discipline, and perseverance.

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FARRELL BUILDING COMPANY HAS CLOSED SALE PURCHASING RIDGEWAY COUNTRY CLUB. ARGUMENTS OF GEDNEY APPEAL STILL BEING SCHEDULED

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. December 7, 2021:

Three sources familiar with the status of the French American School of New York  sale of the Ridgeway Country Property in White Plains have confirmed  closing of the property, including the City of White Plains and Farrell Building Company. Papers confirming it have been submitted to the County Clerk WPCNR was told.

Farrell Building Company has closed the sale of the land with the school. Closing means the school has received payment on the property, reportedly $16.5 Million, but that is not ben confirmed directly.

This does not mean the Gedney Association appeal asking the original plans for the property be stopped. To refresh your memory, the first issue Gedney Association appealed was the original school proposal failed to adhere to the covenant of denying use for institutions. The issue of the appeal was alleged Common Council failure to execute a thorough SEQRA environmental review.

At issue now is whether to proceed with both segments of the appeal, or just one.This came about because–

When the sale was announced one week ago via news release, it was assumed this made the present appeal case “moot”  which is defined  “as having little or no practical relevance, typically because the subject is too uncertain to allow a decision:”

The original appeal filed on the part of the Gedney Association, consisted of two separate legal arguments.

In the decision that approved the now defunct school institution project, Judge Joan Lefkowitz of New York State Supreme Court  combined the two appeals into one decision.

The quandary over scheduling the showdown in the Appellate Court (which has not been decided by the Appellate Court) is to drop either the environmental suit.

 The attorney who wrote the Environmental brief, Dan Seidel, feels that appeal is now “moot” (since the land has been sold on which the original environmental statement no matter how complete or incomplete it was), or proceed with both appeals

The suspense goes on.

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80 YEARS AGO: JAPAN ATTACKED PEARL HARBOR

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Out of the Sun

The Arizona engulfed, December 7, 1941 Pearl Harbor

Out of the sun they came

Birds of death blazened with red suns raining fiery havoc on Battleship Row.

One by one, ruthless planes dove, destroyed to their nation’s shame.

Thunderous explosions scattered fiery death on Sunday dawn’s glow.

Flames belched from hull of stricken Arizona, America’s pride,

Hicham Field pilots raced to planes to defend

Their birds crippled on ground by Zeros’ glide

Gunners in turrets on ships floundering filled skies with flack’s din.

In search of carriers, marauders could not find

Ruthlessly strafed and bombed leaving Pearl

In smoking ruin. Ships sunk, burning as raiders flew back into dawn’s Sun

The day of infamy had been ignited in the Zeros’ swirl.

The Attack Begins 8 AM December 7, 1941

As America listened a world away,  somber FDR

Spoke of  this day that will live in infamy.

America must never forget its  Pearl Harbor Scar

When an unsuspecting America slept in complacency.

To the 2,403 perishing that day under merciless bombs

Hails of bullets,  terror of torpedos out of nowhere

America must remember forces against our freedoms

Relentlessly work always to surprise with deadly bombs’ glare.

Vigilence is the price of freedom always to be defended

By dark forces in far off places we have offended.

Against those who would destroy our republic from within

The answer is not curtailing freedom at home rather it to champion.

The USS Arizona lies in Pearl’s waters, bleeding the lives

Of her men through the eerie eternal slick marking the rusting hulk.

Beneath Pearl’s waters, the blood of free people oozes from the shadowy bulk,

Bleeding forever, freedom’s spirit living forever in lost lives remembered.

She never rests.



Note: The Pearl Harbor attack started 80 years ago today 2 PM Eastern Standard Time. The aftermath is dramatically depicted at http://www.history.navy.mil/photos/events/wwii-pac/pearlhbr/pearlhbr.htm

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F

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WPCNR SUNDAY COVID ROUND-UP. From the NY State Covid-19 Tracker. Observations by John F. Bailey. December 5, 2021:

The Covid Tracker of New York continues to report results on a 48-hour delay, it has been doing so for five days now, meaning Sunday’s covid cases reflect the new case covid positives reported Friday, December 3.

The Westchester County positives Friday number 388 up 66 from the day before (up 20%.)

The last day Westchester County had close to 400 cases was in the fourth month of the second wave of Covid in early April on April 8 when the county had 423 new persons testing positive. Within a few days of that, new infections began to taper down to 100 cases by the end of April, an Easter miracle. Cases eased down through May averaging 30 cases a day by the end of May.

Then former Governor Andrew Cuomo began to lift restrictions “coming back smarter,” but ignored most of his caution too soon uncharacteristically (after the state legislature stripped him of the authority to manage covid policy, and had initiated a probe of sexual allegations against him).

The governor within weeks had lifted restrictions. In June infections plunged to about 20 new cases a day. Euphoria created a very loose and careless atmosphere over the July 4th weekend. Anything went!

Within two weeks after July 5, infections per day climbed from 9 on July 5 to 51 on July 19, and continued to climb to 98 on August 1 to 147 on August 2 to averaging over 100 a day August 9 to August 14 to over 200 a day August 15 through August 31.

Since Labor Day infections averaged in the high 100s finally declining in the first week of October to below the 100 a day level in late October.

As holidays in October created more socializing and variants had their effect, November saw a new Fourth Wave begin. By the end of November just before Thanksgiving new covid infections were averaging 150 a day as of November 20.

That 150 a day has now doubled in two weeks to over 300 a day.

The Thanksgiving weekend has spread the disease very quickly resulting in a 300 new infections day total from November 30 through Friday December 3.

The county has gone from averaging 155 a day on the Friday after Thanksgiving, and 3 days later, hitting 311 infections on November 30; 359 on December 1, 322 on December 2.

Now we learn today Sunday 388 new poor people test positive Friday.

As I wrote yesterday 300 infections a day could mean a lot more persons getting sick from Covid in two weeks because 2/3 of those testing positive have not been vaccinated. The County Executive has assured us the hospitalizations are 52 as of Monday and are sustainable.

So the big mystery is what is the hospitalization rate of unvaccinated persons testing positive for covid the last two weeks before Monday, the 21st of November.

There were 2,127 total new covid infections from November 14 through Saturday November 27 (13 days).. That is 163 a day. If we divide 52 by 2,127 we get a hospitalized rate of 2.4% for the covid infected two weeks ago: 52 infections

Now depending on whether this 300 new infections a day, pushing on 400 as of Friday, continues let’s see what happens. A week of 300 infections yields 2,100, yielding 52 hospitalizations. The more infections you have the more hospitalizations. Four hundred infections a day yields 2,800 new cases a week which if hospitalized at the same 2.4% of unvaccinated persons means 67 hospitalizations a week in two weeks. Still not a problem if hospitalizations are stabilized at the 50 level now and stay there.

However if the holidays coming exponentially spread and double the infections to say 500 a day, 3,500 a week you’re up to 84 hospitalizations weekly. If the newly infected get more seriously infected you might get more hospitalizations. then again we may not. Six hundred a day means 4,200 new cases a week of mostly unvaccinated people. That many cases may drive hospitalizations up to 100 at the 2.4% rate. Seven hundred means 117 infections a week. Of course you do not know how sick these new infected people will become and how long to cure. We do not know how long hospital stays are now for covid sufferers being hospitalized. We do not know how many go into the hospital and are immediately stabilized and released.

Looking the way the new infections are going up is sobering. It is imperative if you are not vaccinated you get vaccinated.

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