Observer: City Appeal of Judge’s Order for a Common Council Vote on French American School of New York Faces “Overwhelmed” Appellate Court. May not be Argued Until 2017

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WPCNR THE LETTER TICKER. August 14, 2016:

(The following letter from an attorney currently involved in appealing a case to the New York Appellate Court Second Department indicates it may be more than a year before the Appellate Court takes up the White Plains appeal of the Judge Lefkowtiz order the Common Council vote on the site plan and Special Permit for the French American School–unless the case is expedited. He shares his observations of the current situation of the Appellate Court calendar:)

John

The filing of the appeal is different from “perfecting the appeal”.
Filing means one filed a form saying I appeal with a copy of the order appealed from and site reasons why (The R.A.D.I., Request for Appellate Division Intervention).
Perfecting  must be done within 6 months of the date of the notice of appeal (NOT the filing date, but the date on the actual typed up doc). That is when the appellant’s brief gets filed. Then FASNY has 30 days to file their opposition brief and the City then gets 10 days to file the reply brief.
Then the court takes about a year to bring it up for oral argument. Second Dept. delays, delays, delays……
The appeals process is a lengthy one and the (Appellate) Court is overwhelmed.
I just perfected an appeal in June. I was told to look for it to be on the argument calendar next year.
Dan Seidel
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IT’S TOO DARN HOT — WARMER AT 6 :30 PM IN WHITE PLAINS THAN IT IS IN SINGAPORE

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2016812 002The thermometer at the WPCNR World Headquarters read 90 degrees in the shade at 6 PM–with 58% humidity…it feels like a laundry out there–, but what is most unusual, on the other side of the world in Singapore known for its heat and humidity it is only 84 degrees with 77% humidity at 5 A.M– the temperature in White Plains NY USA this morning.

Most unusual.

As Cole Porter once wrote,

According to the Kinsey Report, ev’ry average man you know
Much prefers his lovey-dovey to court
When the temperature is low
But when the thermometer goes ‘way up
And the weather is sizzling hot
Mister, pants for romance is not

‘Cause it’s too, too, too darn hot
It’s too darn hot
It’s too, too darn hot

I’d like to coo with my baby tonight
And pitch the woo with my baby tonight
I’d like to coo with my baby tonight
And pitch the woo with my baby tonight
But brother, you fight my baby tonight
‘Cause it’s too darn hot

From Kiss Me Kate, writer: Cole Porter

(c) Warner/Chappell Music

 

 

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WHITE PLAINS WEEK THE AUGUST 12 ALL NEW SHOW ON YOUTUBE NOW

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MORE EXCITING THAN THE OLYMPICS

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JOHN BAILEY

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HILLARY AND FRIENDS

THE MEDIA GIVES TRUMP MILLIONS IN FREE AIR TIME BY TAKING HIS CALLS.

WANT TO RUN FOR COUNTY LEGISLATURE? GET INTO A SPECIAL ELECTION: THE TUBIOLO WIN IN DISTRICT 14

RYE ROCKS COUNTY PLAYLAND DEAL WITH A LAWSUIT–WILL STANDARD AMUSEMENTS WALK?

WHITE PLAINS FINALLY FILES APPEAL OF FASNY JUDGE LEFKOWITZ ORDER–CALLAHAN CONFIRMS

MEDIA GETS CAUGHT IN A “WRONG-O”

NUCLEAR PLANT SURCHARGE ON YOUR ELECTRIC BILL NEXT APRIL WILL DEPEND ON YOUR PERSONAL USAGE –UP TO $60 MORE A YEAR–IT’S NOT CAPPED, FOLKS!

MACY’S TO CLOSE 100 STORES WILL THE GALLERIA MACY’S BE ONE OF THEM? 

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City Approves upgrading of elevators/ adding air conditioning to entry to City Center from its Parking Garage

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WPCNR MAMARONECK AVENUE AMBLER. By John F. Bailey. August 11, 2016.

The White Plains Center Local Development Corporation approved this afternoon a legal agreement authorizing KRC White Plains City Center, LLC the right to upgrade the elevators leading to the floors of the City Center garage, and turning it into an entrance more aesthetic and coordinated with the City Center.

The work as well as the addition of an entrance from Mamaroneck Avenue with escalators leading to the theater level at the fifth floor is expected to be complete by “the holidays,” according to Building Commissioner Damon Amadio.

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City Appeals Judge Lefkowitz decision to direct Council to vote on FASNY.

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey August 11, 2016:

John Callahan, Corporation Counsel for the City of White Plains told WPCNR  today that the city has appealed Judge Joan Lefkowitz’s decision last spring directing the City to  take a vote on the French American School of New York site plan and special permit proposal, which the city tabled in August of 2015

After the Common Council rejected closure of Hathaway Lane, they tabled the site plan and Special Permit application, declaring it was moot, because the plan depended on closure of Hathaway Lane.

The French American School of New York filed an article 78 alleging the Council had engaged in deceiving the school by  the city itself suggesting closure of Hathwaway Lane to facilitate the access to the school from North Street was an acceptable strategy, only to vote down the closure in the fateful August, 2016 meeting.

The appeal has been filed with the appellate court. WPCNR is in the process of obtaining a copy.

 

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City to “execute” New Parking and Operation and Maintenance Agreement with City Center Today at 3

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WPCNR GOINGS ON ABOUT CITY HALL. From the White Plains City Building Department. August 11, 2016:

There will be a meeting of the White Plains Center Local Development Corporation on Thursday, August 11, 2016, at 3:00 p.m. in the Mayor’s Conference Room, 2nd Floor, Municipal Building, 255 Main Street, White Plains, NY 10601, in relation to execution of an amendment to the Parking and Operation and Maintenance Agreement by and among, City of White Plains, White Plains Center Local Development Corporation, LC White Plains LLC, and KRG White Plains City Center, LLC.

 

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Astorino Choice–wins Spreckman seat.

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WPCNR CAMPAIGN 2016. From the Tuniolo Campaign. August 10, 2016:

Voters in Yonkers and Mount Vernon reaffirmed their desire for bipartisan, cooperative government on Tuesday when they elected David Tubiolo to the Board of Legislators by a 62%-38% margin.  Legislator-Elect Tubiolo replaces retiring Legislator Bernice Spreckman who represented District 14 since 1995.

The special election was held in accordance with the Westchester County Charter which calls for the election to take place within 90 days of the date the seat was vacated.  Voter turnout was higher than expected.

Following the election, Minority Leader, Legislator John Testa (R) Peekskill said, “Congratulations to David Tubiolo on a well-run and hard-working campaign. Having David join us at the BOL will ensure the continuation of the Bi-Partisan Coalition that has been so successful in keeping spending down and taxes flat. The real winners today were the taxpayers and citizens of Westchester County.”

Board of Legislators Vice-Chairman Jim Maisano (R) New Rochelle said, “I commend Christine Peter’s and David Tubiolo on running positive, issues-oriented campaigns.  I welcome Mr. Tubiolo as a colleague at the Board of Legislators. David has indicated that he is eager to be a part of the bipartisan coalition and that is good news for the residents of Westchester County and district 14.”

County Executive Rob Astorino said, “I congratulate Legislator-Elect David Tubiolo on his hard-won victory.  David and his opponent ran positive campaigns which they should be proud of.  I know David will be a valuable member of the bipartisan coalition on the Board of Legislators.  After 20 plus years of outstanding representation from Legislator Bernice Spreckman, it is great to know that the residents of District 14 will continue to have a strong advocate working on their behalf.”

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TRAVELING EUROPE TODAY ON PEOPLE TO BE HEARD WITH JOHN BAILEY AND JIM BENEROFE INSTANTLY ON YOUTUBE AND www.whiteplainsweek.com

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PEOPLE TO HEARD

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WHITE PLAINS CITIZENETREPORTER JOHN BAILEY ON THE HIGH SEAS —  ABOARD THE EMERALD PRINCESS IN THE BALTIC SEA.  BAILEY AND JIM BENEROFE HAVE JUST RETURNED FROM TRAVELING IN TWO DIFFERENT REGIONS IN EUROPE AND THEY SHARE WHAT THEY EXPERIENCED, GIVE YOU THEIR IMPRESSIONS OF THE EUROPEAN CRUISING EXPERIENCE TONIGHT ON ON THE INTERNET NOW.

WHAT IT’S LIKE ON BOARD

WHAT A TOUR OFF SHIP IS LIKE

CUSTOMS EXPERIENCE

ATTITUDE TOWARDS AMERICANS

SECURITY CONCERNS — HOW IT FEELS OVER THERE

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WESTCHESTER COUNTY’S MOST RELEVANT NEWS INTERVIEW PROGRAM

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TONIGHT AT 7 FIOS CH. 45, CABLEVISION CH. 76–ALL-NEW WHITE PLAINS WEEK ON INTERNET NOW AT www.whiteplainsweek.com AND YOUTUBE

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YOUR NEWS MEN

PETER KATZ, JOHN BAILEY, JIM BENEROFE

FOR 16 YEARS

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ON THE 2016 WHITE PLAINS SCHOOLS SHOCKING TEST SCORES

HOW EASY WAS THE NEW IMPROVED ASSESSMENT TESTS? NOT EASY ENOUGH!

THE BILLION DOLLAR SUBSIDY FOR TROUBLED NUCLEAR PLANTS YOU PAY FOR

EXCLUSIVE COVERAGE OF THE NATIONAL NIGHT OUT IN WHITE PLAINS

TAXI DRIVERS TO CITY — CRACK DOWN ON UBER INTERLOPERS!

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71 YEARS AGO:THE 2ND ATOMIC BOMB WAS DROPPED ON NAGASAKI

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WPCNR OBSERVATIONS.By John F. Bailey. August 6, 2016 Reprinted from WPCNR archives:

Seventy-one years ago in 1945, today, August 9, the second atomic bomb was dropped on the Japan city, Nagasaki, two days after the Enola Gay, a single American bomber dropped an Atomic bomb on the city of Hiroshima, Japan.

The terrible effects of those two  bombs are a horror that has never been repeated

A second bomber, Bock’s Car on August 9, dropped another atomic bomb on Nagasaki, 71 years ago today.

Unknown thousands of Japanese citizens’ lives were vaporized, burned, maimed and two cities leveled to the ground in an instant in both bombings.

To grasp what one atomic bomb did to Nagasaki,  readers may see the photographs Japanese photographer Yosuki Yamato took of the aftermath of Nagasaki the day it happened at

http://www.exploratorium.edu/nagasaki/photos.html#journey/63.jpg

The decision to drop the bombs was made after the United States, Great Britain and the Republic of China demanded Japan  surrender in the Potsdam Declaration on July 26 or face  “prompt and utter destruction”.

The Japanese government did not surrender. After the Nagasaki bombing, they did.

The United States deployed two nuclear weapons  dropping one on Hiroshimi, 71 years ago today and one on Nagasaki on August 9.

Over four months the bombs resulted in the deaths of   90,000–166,000 people in Hiroshima and 60,000–80,000 in Nagasaki, half dying the day the bombs fell.

The Hiroshima prefecture health department estimated that, of the people who died on the day of the explosion, 60% died from flash or flame burns, 30% from falling debris and 10% from other causes. During the following months, large numbers died from the effect of burns, radiation sickness, and other injuries, compounded by illness.

In a US estimate of the total immediate and short term cause of death, 15–20% died from radiation sickness, 20–30% from burns, and 50–60% from other injuries, compounded by illness. In both cities, most of the dead were civilians, although Hiroshima had a sizeable garrison.

The horror of those two bombings and the aftermath, the injuries created have resulted in an effort and reluctance on the part of nuclear-armed powers to avoid any nuclear attacks since that date.

Within a few days of those bombings, Japan surrendered unconditionally, officially ending World War II.

The decision to use the bombs by the United States has long been debated.

A dialogue on what the bombs did, why the decision was made was collected in 1995, the fiftieth year since the bombings. It is available at http://www.exploratorium.edu/nagasaki/commentary/decision.html

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