Goodbye Nook! Cappelli Enterprises Issues Statement on the Nook Deli Eviction C

WPCNR WHITE PLAINS LAW JOURNAL. July 25, 2007: This week the Corner Nook, the diner on the corner of the City Center entrance and Main Street, which observers estimate has been making windfall profits from serving the construction trades daily the last six years while City Center and now 221 Main Street have been under construction, and the F & J Deli are in court before Justice Barbara Leak, as the two firms have been served with eviction notices by Cappelli Enterprises and refused to vacate the premises. The matter was adjourned to August 8.



Goodbye Nook! The Corner Nook and F&J Deli block as it appeared in March 2002 at the height of City Center construction. The little restaurant has been feasting on the construction trade for six years. As reported by WPCNR three months ago Louis Cappelli had announced plans to evict the restaurant and the delicatessen in April of this year to build affordable housing.


Cappelli Enterprises issued the following statement on the eviction process Wednesday morning:


From Cappelli Enterprises:


 


On Monday, July 2, we began eviction proceedings against the owners of Corner Nook and F&J Delicatessen whose month-to-month leases were terminated on June 30, 2007. Both tenants were sent termination notices over a month ago and never responded. After the premises are vacated, the building will be torn down to construct a new building at 240 Main Street, which we will use to comply with a portion of the city’s affordable housing requirement for LC Main, LLC and LC White Plains, LLC as was required by the city of White Plains.


 


The tenants in question have been fully aware for several years that the building they occupy would be removed to make way for new housing.  As is often the case in situations where a building is planned for demolition, tenants are given the option of signing short-term leases that let them continue to use the space with the clear understanding that once a demolition date is scheduled, their leases will be terminated and they must vacate the premises.  That has been the case with respect to this building and the two tenants in question.


 


Regrettably, because they are now resisting our request to vacate the premises so that we can fulfill a part of our affordable housing obligation to the city, we have been left with no choice but to turn to the courts to address the eviction notices.  We remain hopeful that the matter can be resolved amicably, but are fully prepared to continue the court proceeding as necessary.         

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County Police Investigation of Playland Mind Scrambler Fatal Accident Released.

WPCNR POLICE GAZETTE. From Westchester County Department of Communications. July 25, 2007: The county police released their findings on the June 29 fatal accident that killed a Playland employee at a news conference Tuesday afternoon.  Police findings indicate that the victim “intended to ride (the Mind Scrambler), but was not propertly seated in the ride,” and that the Ride Operator “started the ride while Ms. Garin (the victim) was not propertly seated and operated the ride immediately to full throttle.”


The Westchester County District Attorney’s Office is reported not to be bringing any criminal charges at this time and the death of Ms. Garin is deemed accidental.



Here is the text of that report:


Introduction:


 


Playland is an amusement park owned and operated by the County of Westchester since 1928, featuring more than fifty (50) rides.  This incident occurred at the Mind Scrambler ride which is privately owned and operated by S&L Amusements.  The ride consists of a dark enclosure with three (3) clusters of four (4) cars that rotate.


 


Ms. Gabriela Garin was employed by S & L Amusements for the past six (6) years. Ms. Garin had been a ride operator for two and one half (2.5) years and on 06/29/07 was assigned to operate the Mind Scrambler Ride from 6:00 P.M. to 12:00 A.M.


 


The following report is a summary of the investigation into the events surrounding the death of Ms.Garin, a twenty-one year old S & L Amusements employee at Playland Park in Rye, New York on June 29, 2007.


 


 


 TIME LINE: (All times are approximate)


 


This time line was established by examining evidence including documents, logs, video and audio records and witness interviews.


 


Prior to the opening of the park, the Mind Scrambler was inspected.  The Daily Inspection Report indicated that all the ride warning stickers were replaced.


 


12:00 P.M. Park opens.


 6:00 P.M.        Ms. Garin relieves the Ride Operator and assumes those duties.


 9:10 P.M.        Ms. Garin is relieved as Ride Operator and assumes ticket taking responsibilities.


 9:17 P.M.        First cycle of ride is conducted by new Ride Operator.


 9:19 P.M.        Ride ends. Scanning and seating for the next ride begins.


 9:31 P.M. The last patron is scanned for the ride.


 9:33 P.M.        Ms. Garin falls from ride. The Ride Operator radioed for assistance.


 9:33 P.M.        Seasonal Park Rangers, County Police and Playland Park EMTs arrive on scene.  Ambulance requested.


 9:37 P.M.        County Police Officer confirms dispatch of ambulance and requests supervisor.


 9:40 P.M.        Port Chester/Rye/Rye Brook EMS arrive on scene.


 9:42 P.M. Ms. Garin is pronounced deceased.


 


 


 


SUMMARY OF INVESTIGATION:


 


To date, 56 people have been interviewed, including eleven (11) eyewitness riders. In addition to witness interviews, physical evidence collection and examination, and the Medical Examiner’s preliminary findings, this investigation included the review of surveillance camera videos, maintenance records, payroll records and operating procedures.


 


It is important to note that this investigation is still ongoing.  Efforts are continuing to identify additional witnesses including the remaining patrons of the ride. 


 


The Westchester County Medical Examiner has certified the cause of death as multiple contusions, lacerations and fractures that occurred during a ride on the Mind Scrambler on 06/29/07 and the manner of death as accidental. 


 


Interviews of witnesses indicate that:


 


·         Ms. Garin seated and secured patrons, and then entered an unoccupied car on the ride.


·         Ms. Garin secured the safety bar and locking pin of her own car.


·         Ms. Garin was not seated properly in her car and not wearing a seat belt.


·         Multiple witnesses stated that Ms. Garin was kneeling on the seat of a car, facing rearward and swaying her arms to the music when the ride began.


·         It appears that the Ride Operator started the ride knowing that Ms.Garin was not properly seated and the Ride Operator told her to “sit down.”


·         The Ride Operator started the ride and went immediately to full throttle.


·         Witnesses indicated that when the ride started the lights went out immediately(the lights go off when the ride is at full throttle).


·         The ride went approximately one full turn before Ms.Garin fell out.


·         The Ride Operator activated the emergency stop button, applied the hand brake and radioed for assistance.


·         The ride took approximately eleven (11) to twelve (12) seconds to come to a complete stop.  During this time, Ms. Garin was struck by the spinning cars and ride arms.


·         When the ride stopped, Ms. Garin was found beneath one of the main control arms of the ride.


·         Interviews of S & L employees indicated that few ride operators knew that there was a second operator’s booth in the Mind Scrambler, and that this booth was rarely, if ever, occupied.


·         One S&L employee indicated that sometime in 2006, he observed Ms. Garin seated sideways and unsecured on the seat of a car.  He further stated that he stopped the ride and used the microphone to tell Ms. Garin to sit in the car correctly.


 


 


 


PRELIMINARY FINDINGS:


 


·         Witness statements clearly indicate that the victim intended to ride, but was not properly seated in the ride.


·         The Ride Operator started the ride while Ms. Garin was not properly seated and operated the ride immediately to full throttle.


·         During the operation of the ride, the second booth was not staffed.


·         Most of the employees of S & L did not know the second booth existed and others stated that it was rarely, if ever, staffed.


·         When a second operator was present, that operator would typically exit the ride, or stand in the marked yellow safety zone, or join the ride operator in the main operator’s booth.


·         Westchester County District Attorney’s Office will bring no criminal charges at this time.


·         At this point in time, there are no apparent signs of foul play.


·         The death of Ms. Garin is deemed accidental.


 


Ride operator training:


 


·         The only written protocol presented to operate the ride was the manufacturer’s operating manual.


·         No written protocols issued by S&L Amusements relative to the operation of the Mind Scrambler could be located.


·         S&L Amusements could not provide any written documentation for training of their employees.


·         Typically, ride operators initially trained with the Owner/Operator before operating a specific ride.


·         Some employees of S&L Amusements trained other employees on ride operation via “on the job” training.


·         Ms. Garin was one of the employees that provided training to other employees.


·        There is no documentation that identifies which employees are qualified to operate the Mind Scrambler. 


 


STILL PENDING:


 


·     Westchester County Medical Examiner’s final report, including toxicology.


·     N.Y.S. Department of Labor final report.


·     Continuing efforts to identify the remaining riders.


 

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Customs, County Pro, Arrest 6 Sex Offenders

WPCNR POLICE GAZETTE. From U.S. Immigration and Customs Enforcement Press Office. July 24, 2007: U.S. Immigration and Customs Enforcement (ICE) agents arrested six child predators and sex offenders in Westchester County today, according to an ICE news release.  The arrests were part of Operation Predator, an on-going ICE initiative which targets Internet pornographers, international sex tourists and those who prey on our children.


 


Those who were arrested today are from Brazil, the Dominican Republic, Ecuador, Guatemala and Mexico.  All have prior convictions in Westchester County for sex offenses which make them deportable.  ICE agents transported the subjects to various detention facilities where they will be detained and placed in removal proceedings.  Those with final orders of removal will be deported from the country shortly. The others will have their cases heard before an Immigration Judge.


 


Since Operation Predator was launched in July 2003, ICE agents have arrested more than 10,000 child predators and sex offenders nationwide.  The New York ICE Office has arrested more than 650 child predators and sex offenders.



The arrests were made by ICE Special Agents and officers from the Westchester County Probation Department.  The targets include a citizen of Ecuador who was in this country illegally and was convicted of raping a 16 year old girl.  He was sentenced to 10 years probation.  Also arrested was a citizen of Guatemala, who had U.S. permanent resident status, was convicted of endangering the welfare of a child.  He was sentenced to three years probation.  His victim was 13 years old. 


 


ICE has a toll-free number for the public to provide leads to its enforcement team on any violations, including tips about child pornography, child sex offenders and others preying on children.  The toll-free number (1-866-DHS-2ICE) is monitored 24 hours a day by officers at the ICE Law Enforcement Support Center.  For more information on Operation Predator, please visit the ICE website at www.ice.gov.


 


 


“We are determined to make our communities safer for everyone,” explained Peter J. Smith, special agent-in-charge of the ICE Office of Investigations in New York.  “We will continue to work closely with Westchester County and our law enforcement partners as we take these criminals off our streets and away from our children.” 


 


“We will not tolerate those who prey on our children,’’ said County Executive Andy Spano. “We will continue to assist ICE in any way we can to remove predators from our county and our country.’’


 




Smith expressed his appreciation to the Westchester County Executive’s Office and the Westchester County Department of Probation for their continuing cooperation and assistance in this enforcement action.

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Countdown to Kickoff –124 Days to Get Parker Stadium Ready for Play

WPCNR PRESS BOX. July 22, 2007 Updated 3:45 PM EDT: Demolition of the classic Parker Stadium bowl at Highlands Middle School and the Glenn D. Loucks football field has been under way for two weeks. At Parker Stadium the old concrete grandstand has been leveled and the track in process of being torn up. At Loucks the track is being removed, wooden bleachers removed. The plan is to have Parker Stadium completed in time for the Thanksgiving Turkey Bowl Game. As of today, the construction firm has 124 Days until Thanksgiving to install the new metal bleachers sitting 1,300; a new track and, of course the synthetic turf field. Loucks Field has a looser timetable. They need to finish that field in time for the Loucks Games in May, 2008.



So long old friend. The classic amphitheatre of old Parker Stadium as it looked yesterday.



Loucks Field with former track in process of removal, and natural turf field in process of preparation yesterday.


 


 


At Parker Stadium the wooden bleachers, the concrete grandstand, pressbox and portions of the cinder track have been removed as of Sunday, to be replaced by metal bleachers between the 20 yard lines, a resurfaced track and of course, synthetic turf, prehashmarked for lacrosse, soccer, field hockey and football.



Parker Stadium with Highlands Middle School in foreground.


 



Loucks Stadium Eastern Sideline. Wooden bleachers have been removed. The clubhouse to the right will not be renovated. The Board of Education is seeking funding to refurbish it in keeping with the new stadium, but no commercial or community sources have stepped up to fund a field house renovation yet.  Jumping and field events will be conducted in the strip of grass in foreground.


 Loucks Field, though not needed for action until May, 2008, has to install its new track prior to the cold weather months, according to Ed Gorman, Track & Field Consultant for Mondo, the company which manufactures the 8-lane state-of-the-art running surface. According to Gorman, the field is done from the inside out, with the synthetic turf being installed first and the Mondo track surface last in the process. Gorman said the asphalt has to be poured and set and track installed before the ground freezes, which would mean that the synthetic surface would need to be completed in late October to early November.


Gorman told WPCNR, “We’ll install the track after the turf. We’ll work from the inside out. It depends on the weather. The asphalt has to be done first. Before the freeze weather sets in. It has to be before. They’ll put the asphalt in. We don’t have to wait until the synthetic turf is done entirely. They can still be on the infield while we’re on the track. The deadline on this job is in November.”


Gorman described the track as Olympic class: It’s prefabricated rubber.  No chemicals involved. It’s a clean material It’s the track that’s been the official track for the last eight Olympic Games. We’re now doing the China Olympic games. It’s the same track they ran the U.S. Olympic trials on and the U.S. Championships on this year.”


 




 


Parker Stadium Construction: New set of metal bleachers, seating 1,300 with press box, plus installation of synthetic turf and running track. Cost: $3.4 Million. (Approx.) Photo, WPCNR News.



The Loucks Makeover: two sets of metal bleachers seating 3,250  with press box, lights, artificial turf system and 10-lane track on the straightaway. Cost: $ 6 Million (Approximate)Photo,

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