READ THE COMPLETE TEXT OF FRENCH AMERICAN SCHOOL CASE RULING ON WHITE PLAINS WEEK WEBSITE

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WPCNR WHITE PLAINS LAW JOURNAL. JANUARY 23, 2016:

The popular White Plains Week website has posted as of 1 P.M. SATURDAY the complete text of the Judge Joan Lefkowitz Preliminary Decision and Order on the French American School of New York bid to overturn the Common Council decision of August 5, 20015. The decision was issued Wednesday.

Go to www.whiteplainsweek.com and CLICK ON THE LINK:

LINK TO FILE OF JUDGE’S DECISION ON FRENCH AMERICAN SCHOOL CASE

By reading the complete Preliminary decision you can judge for yourself what the Judge wrote to explain her decision calling for a vote of the Common Council on February 1 on the French American School of New York site plan and special permit.

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COUNTY SUSPENDS BUS SERVICE AS OF 11 A.M. MOTORISTS BANNED FROM ROADS

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WPCNR WEATHER AND TRAFFIC. FROM WESTCHESTER COUNTY. JANUARY 23, 2016:

BEE-LINE BUS SYSTEM TO SUSPEND SERVICE TODAY AT 11 A.M.

Due to deteriorating weather conditions, the Bee-Line Bus System will suspend service on all its routes at 11 a.m. today (Saturday) until further notice.

Buses currently on the roads will finish all of their routes and then return to their garages.

“It’s always safety first and the weather conditions have just made it impossible to keep our buses on the roads,” said County Executive Robert P. Astorino. “We will monitor the situation throughout the storm, but the busses will remain off the roads until conditions allow for their safe return.”

With the exception of emergency vehicles, all motorists are urged to stay off the roads.

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Gedney Association Issues Statement on Preliminary Judgement Ordering Common Council Vote on the French American School of New York Site Plan & Special Permit February 1

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WPCNR WHITE PLAINS LAW JOURNAL. From the Gedney Association. January 23, 2016:

The Gedney Association has released a statement on their reaction to Judge Joan Lefkowitz’s Preliminary Order January 20,  directing the Common Council to vote February 1 on whether or not to approve or disapprove the French American School of New York Site Plain and Special Permit. The Mayor’s Office and the City Corporation Counsel had so far not responded to WPCNR’S Request for a statement:

“The Gedney Association announced today that it was pleased but not surprised by the Preliminary decision of Judge Joan B. Lefkowitz denying FASNY’s motion to overturn the City of White Plains municipal law requiring a super-majority vote in the closure of a public street.John Sheehan, President of the Gedney Association said “FASNY’s attempt to overturn the City’s municipal law is yet another example of how it has tried to unsuccessfully steamroll its ill-conceived plan for a massive regional school complex in the middle of a low-density residential neighborhood served by narrow area streets that are already overburdened”.The Gedney Association also understands the Judge’s decision to have the Common Council vote on the FASNY Special Permit and Site Plan application.  The Common Council had tabled a decision on the Special Permit declaring it moot since the road closure was not approved.

In their August 2015 deliberations the Common Council found the road closure to be an integral component of the Special Permit and Site Plan.  Indeed, even FASNY said that the road closure was integral to the Special Permit and Site Plan.  The Gedney Association expects therefore that the Common Council will unanimously reject the Special Permit and Site Plan at its next Meeting.

Lastly, the Gedney Association was pleased that the Preliminary Decision highlighted that the Special Permit application likewise requires a super-majority vote for approval since the property is designated as an environmentally sensitive site.

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THE FEINER GREENBURGH TRAFFIC REPORT.

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WPCNR WEATHER AND TRAFFIC. From Paul Feiner, Supervisor Town of Greenburgh. January 23, 2016 9 A.M. E.S.T.:

Just conferred with our highway department. Our crews were called out at 3 AM. We currently have 35 trucks out plowing the roads. No trees have fallen. No reported power outages. We pre-treated the roads before the storm and are now on our second round – plowing the roads again. With the snow coming down – roads are slippery so it is recommended that you stay inside

Bee-Line buses and Paratransit vehicles are operating with major delays system wide due to poor road conditions.

Routes 8, 13B, 30, and 60 are operating on standard snow detours.

Route 2 -buses are avoiding the hills-northbound buses in Getty Square are traveling right on Prospect  Ave., left on Main St., and right on Broadway to Roberts Ave. Southbound buses will travel right on Roberts Ave., left on Broadway, right on Wells Ave., and left on Warburton Ave.

Route 6-buses are avoiding icy conditions on Dobbs Ferry Rd.-northbound straight on Rt. 9A, right on Rt.  119. Southbound buses are traveling straight on Rt. 119, left on Rt. 9A.

The Westchester County Airport is open and operating normally.  Passengers should check with their carrier for more specific flight information.

Further information can be obtained by clicking on our web page at

www.westchestergov.com/beelinebus.

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WHITE PLAINS WEEK ON YOUTUBE ON THE LEFKOWITZ FASNY DECISION — EXCLUSIVE! and ON THE INTERNET

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16 YEARS ON THE AIR — WEEKLY WITH THE NEWS NO ONE ELSE DARES TO GIVE YOU —

 on YOUTUBE NOW AT THIS LINK

 PETER KATZ, JOHN BAILEY AND JIM BENEROFE

ANALYZE

THE SHOCKING FASNY PRELIMINARY DECISION.

WHAT IT MEANS — WHAT’S NEXT? WHAT’S GOING ON?

DID THE CITY SCREW UP?

THE GALLERIA BUYER INTRIGUE — WHY NOT A MORATORIUM?

THE SCHOOL BUDGET FORECAST FOR 2016-17 ROLLING UP TO $209.4 MILLION

SCHOOL BUDGET LONG RANGE FORECAST: $233M IN 4 YEARS

OPT OUTTERS OUTDRAW LOCAL SCHOOL BUDGET MEETING

THE JANET DiFIORE APPOINTMENT TO THE COURT OF APPEALS

THE SNOW STORY.

AND MORE ON

WHITE PLAINS WEEK

ON THE INTERNET AT

www.whiteplainsweek.com

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LEFKOWITZ PRELIMINARY RULING ON FASNY HOLDS OFF DECISION ON DISMISSAL OF FASNY SUIT UNTIL AFTER COUNCIL VOTE FEB 1. COURT CONFERENCE SCHEDULED FOR FEB 11.

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The Preliminary, Decision Order and judgment issued by Judge Joan Lefkowitz Monday, orders the Common Council to meet February 1 to vote on the Special Permit sought by the French American School to build a school campus. The Preliminary Decision obtained by WPCNR notes:

The reason for the Judge’s order for a vote at the next regular meeting finds fault with the city for not voting in a timely manner according to the city’s own zoning law Judge Lefkowitz writes on pages 6 and 7–the city misinterpreted it’s timing of the vote, in the Judge’s opinion:

“In their argument the city respondents state that the 2014 (FASNY) application was no longer complete when the Common Council failed to approve the Discontinuance Petition, implying thereby that it was complete until that event. Therefore both components of the 2014 application were complete within the meaning of the Zoning ordinance prior to August 5, 2015.

The judge’s Preliminary decision notes on page 16, “the court will hold the determination of the Dismissal Motion in abeyance pending the parties’ compliance with this Preliminary Decision, Order and Judgment.”

In the Preliminary order on page 6, Judge Lefkowitz denies the French American School of New York Constructove denial motion arguing the Common Council constructively denied its application for a special permit by operation, but grants the FASNY motion

“to the extent that FASNY seeks a judgment declaring that the Common Council disapproved its application for approval of a site plan by operation of law, and granted to the extent that the instant matter is remanded to the Common Council to vote forthwith on the resolution(s) concerning the proposed approval of the 2014 application — or what remains thereof — that it tabled on August 5, 2015.”

The Judge dismisses the French American School of New York order that the Common Council vote on the 2014 must be decided by a simple majority (4-3).

The Judge writes “the motions of the proposed intervenors, Gedney Association, Gaetano G. D’Antona, John Sheehan and Robert J. Stackpole, for permission to intervene in the above-captioned proceeding action, or alternatively to dismiss the above-captioned proceeding/action for failure to join necessary parties are denied,,,”

“that the detemination of Respondents/Defendents to dismiss the verified petition and complaint in the above-captioned proceeding/action is held in abeyance pending the parties compliance with the Preliminary Decision, Order And Judgment, and it is further ORDERED that the counsel for the parties are directed to appear in the Westchester County Courthouse, courtroom 1600, at 2 PM for a conference with the Court.”

Neither City Corporation Counsel John Callahan nor Mayor Thomas Roach returned calls for comment.

John Sheehan of the Gedney Association is preparing a statement for WPCNR.

A Common Council member told WPCNR  the Council was informed Thursday after with an email from Mr. Callahan noting the Preliminary Decision with a copy of the decision.

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Westchester D.A. Janet DiFiore Elected Chief Judge of NY Court of Appeals. McCarty Named Acting Westchester District Attorney. Special Election in Nov. 2016

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Janet DiFiore, for Westchester County District Attorney, Confirmed Thursday the the New York State Senate as Chief Judge of the NY Court of Appeals.

WPCNR WHITE PLAINS LAW JOURNAL. From the Office of Acting Westchester  County District Attorney James McCarty. January 21, 2016:

Westchester County District Attorney Janet DiFiore has been confirmed by a vote of the New York State Senate and is now the Chief Judge of the Court of Appeals and the State of New York.

Upon her confirmation, she resigned her position as Westchester County District Attorney.

First Deputy District Attorney James McCarty is now the acting District Attorney of Westchester County.

“After serving the people of Westchester County for twenty years, ten as an assistant District Attorney and the last ten as District Attorney, I accepted the nomination by Governor Cuomo for the position of Chief Judge of the Court of Appeals and the State of New York.

Now, having been officially confirmed by the New York State Senate, I want to again thank the Governor and the Commission on Judicial Nomination for their faith in my ability and for recognizing my experience, qualifications, and fitness to become Chief Judge. I also want to recognize all the members of the Westchester County District Attorney’s office, prosecutors, investigators and support staff, who I have worked with for two decades for their continued dedication and professionalism,” said Chief Judge Janet DiFiore.

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Acting Westchester County District Attorney, James McCarty, assumed office Thursday after Ms. DiFiore’s election to the Court of Appeals

“It has been an absolute honor to serve under Janet DiFiore during her tenure as the Westchester County District Attorney. There is no one serving in the public sector that I hold in higher esteem. I look forward to leading the excellent staff she has assembled over the coming year,” said Acting District Attorney James McCarty.

Before becoming Acting District Attorney, James McCarty served as the Chief of Trial Operations directly overseeing all trials in the superior and local courts of Westchester County, and as an Assistant District Attorney since 1980, Mr. McCarty was the Deputy Division Chief of the Superior Court Trial Division for the previous six years.

He has tried over one hundred cases, including the successful prosecutions of Carolyn Warmus, “The Fatal Attraction Murder Case,” and serial killer Patrick Baxter.

Acting District Attorney McCarty is a graduate of the University of Rochester and Albany Law School.

A special election will be held on Tuesday, November 8th, 2016, to elect a new District Attorney.

 

 

 

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FLASH! JUDGE ORDERS WP COMMON COUNCIL TO VOTE ON FASNY FEB. 1 — THROWS OUT HATHAWAY LANE VOTE ROAD BLOCK

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WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR from The French American School of New York. January 21, 2016:

The French American School of New York issued this news release Wednesday evening:

The plan to build the French-American School of New York (FASNY) in White Plains took a major step forward today with a Decision by a State Supreme Court Judge that orders the City’s Common Council to vote on the School’s application for a school and nature park at its next meeting (February 1)  and rejects the attempt of a neighborhood opposition group to intervene in the case.

In a 17-page decision, Judge Joan B. Lefkowitz said that

“FASNY’s special permit and site plan applications, including the partial discontinuance of Hathaway Lane, were subjected to exhaustive, public environmental review.”

The Court rejected the City’s argument that the Council could “table” its vote on FASNY’s Special Permit and Site Plan Applications after the School did not receive the 2/3rd vote necessary to discontinue a small length of Hathaway Lane at its August 5, 2015 Meeting.

Instead, the Court held that FASNY’s Application was complete, and “the Common Council failed to comply with the time limits in the Zoning Ordinance or the General City Law” by failing to act on it.

The Court ordered the Council to “vote forthwith” on FASNY’s Applications “no later than its next regular meeting.”

The decision states that the Common Council in its own Environmental Findings, which were approved by a 6-1 vote in December 2013, “explicitly found that of all the (access) options considered during the State Environmental Quality Review Act (SEQRA) process,” and the North Street driveway access, which included the partial closing of a portion of Hathaway Lane, “avoided or minimized adverse environmental impacts to the maximum extent practicable.”

The Judge denied the motion of the Gedney Neighborhood Association, which has vehemently opposed FASNY since the school purchased the former Ridgeway Country Club in January 2011, to intervene in the lawsuit that was brought by FASNY following the Council’s August 5th vote that rejected the partial closing of a small section of Hathaway Lane.

She concluded “the Proposed Intervenors would unduly delay the determination of the proceeding” and “would be adversely prejudicial to FASNY.”

While the Gedney Association argued that the partial discontinuance of Hathaway Lane or construction of the school, would if approved, have environmental impacts, Judge Lefkowitz noted that “FASNY’s special permit and site plan applications, including the partial discontinuance of Hathaway Lane, were subjected to exhaustive, public environmental review.”

She characterized allegations that access to some homes would be adversely affected or even prevented, as “unsubstantiated allegations (that) are not sufficient” to warrant intervention, and said that the legal cases cited to support the motion to intervene are not “even remotely pertinent to, much less supportive of their argument.”

Andrea Colombel, Chair of the FASNY Board of Trustees, said the School “is very pleased with the decision and the Court’s recognition of the five years of study, analysis and review that the plan had been subjected to. It’s been a long and extremely thorough review with extensive public input.  Simply put, the time has come to move forward with the project.  We look forward to becoming a part of the extensive and diverse educational opportunities for which White Plains is so well known and respected.”

 

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