GRID PROPERTIES PROPOSES MIX OF MALL AND TOWN HOUSES ON FORMER SHOLZ SITE by Ayana Meade

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Post Road Side of “The Boulevard”Project featuring Fitness Mall Post Road street facade. Rendering, Grid Properties. Photo by Ayana Meade 

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Interior View of “Fitness Mall”  imagined by  “The Boulevard” project presented by Grid Properties at the Common Council Special Meeting Held Monday Night. Rendering by Grid Properties, Photo by Ayana Meade
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Maple Avenue rendering of the Townhouse Rentals proposed by Grid Properties Monday night for the residential portion of “The Boulevard.” project. Rendering, Grid Properties. Photo by Ayana Meade

WPCNR COMMON COUNCIL REPORT Special to WPCNR by Correspondent Ayana Meade. December 1, 2015:

During a Special Meeting of the White Plains Common Council held Monday night at the Mayor’s Office, Mark Weingarten, ( of DelBello, Donnellan, Weingarten, Wise and Wiedeker) the lawyer representing Grid Properties in the development of “The Boulevard” project, requested re-zoning of the former Maple Ave./Post Road Sholz car dealership site, the closing of Brady Place, and to obtain site plan approval.

“The Boulevard” will be a mixed-use specialty retail and residential property featuring dining options, and boutique-style fitness clubs.

According to Weingarten, in order to move the project forward three small parcels of land will need to be changed over to the B3 zoning code, which will allow for the placement of fitness clubs in the area—a major design component of the project.

Grid Properties’ goal is to develop Post Road into a more pedestrian-friendly place, and create a “vibrant” entry from the southern end of White Plains that replaces the “blight” that has existed opposite to residential communities in the area for years–thereby creating “a relaxed neighborhood experience” in contrast to the low-rise retail and high-rise apartments that are commonly found throughout the city.

The developers promise to provide an eclectic mix of small, and medium sized dining, shopping and fitness offerings.

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Site of The Boulevard.

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Running from Lexington to Rathbun Avenue on 4.2 acres, Grid Properties is proposing 180,000 sq. feet of retail, with 40,000 sq. feet dedicated to fitness uses—the health club uses will need a special permit from the planning board.  The site will also provide 720 spaces of free parking, and another 97 of potential valet (requiring tip only).  Additionally, 12 rental townhouse units will be erected facing Maple Ave as part of the project.

A “Fitness Mall”

Instead of housing a large branded health club, Grid wants to put together 10 different vendors that are specialists in their area—i.e., kickboxing, yoga, etc.  Each one of the tenants will have an outdoor space as well as an indoor space, and a common place with juice bar and wearables.

“It’s a lifestyle type project where the customer will want to return” said Drew Greenwald, Principal, Grid Properties.

Unique features of the project include street level retail, with a second level that is actually a grade level behind—a design element that Grid representatives admit is difficult to visualize without looking at the built model.

Additionally, a brick “Mill Building” will be placed at Brady Place to create architectural contrast with the rest of the buildings that will be of a more modern design.

20151112aroundcity 027The site last week, after demolitionPhoto, WPCNR

Demolition on the site has already been completed.  All buildings will be new construction and LEED certified, incorporating sustainable infrastructure and materials.

Environmental Cleanup Required

Due in part to the used car dealership, dry cleaner, and a gas station previously located on the site—the gas station had an oil spill at some point—the site has been entered into the Brownfields program for remediation.

With White Plains Hospital nearby the site will potentially attract people visiting and working at the hospital—as well as those from neighboring towns.

Grid estimates the project will potentially employ 500-800 people in permanent jobs.

Grid has been marketing the project for over a year now, and says the boutique fitness businesses have been very responsive to the idea of being next to each other.

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Common Council shown at Monday night meeting. Photo, Ayana Meade

During the question and answer portion of the presentation, one council member communicated that her key concerns were:  odors from garbage disposal, design, and safety for pedestrians.

Regarding design, the council member was not partial to the level design element of town houses.  She suggested looking at a height-adjusted project in Tarrytown as an example of good design. Grid admitted that this aspect of the project (the  townhouse design) was the least developed.

Council members also raised concerns regarding whether Grid Properties had entered into a dialogue with nearby Calvary Church regarding parking overflow, to which Grid replied they had not, but had no objections to doing so.  Council members asked whether the housing units were “10% (affordable) 90 (market)” compliant in terms of affordability.

Grid replied that the town houses were “market” in terms of affordability—but that they would comply with any required regulations.

Environmental questions posed by the council addressed an interest in extending energy efficient design to the neighborhood in terms of sidewalks and parking areas by employing green materials, and the development of a plan for dealing with storm water.  The project is being designed by BLT Architects, and is slated for completion in the 4th quarter of 2016.

 

 

 

 

 

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DiFIORI’S THE ONE! GOVERNOR NOMINATES WESTCHESTER D.A. JANET DiFIORE TO BE CHIEF JUDGE OF THE COURT OF APPEALS

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Janet DiFiore, Westchester County District Attorney. Nominated for Chief Justice of the NY Court of Appeals today. Photo, The District Attorney’s Office

WPCNR WHITE PLAINS LAW JOURNAL. From the Governor’s Office. December 1, 2015:

Governor Andrew M. Cuomo today nominated Westchester District Attorney Janet DiFiore to serve as the next Chief Judge of the New York State Court of Appeals – New York State’s highest court – and head of the judiciary branch. In addition to her nearly 10-year tenure as District Attorney, DiFiore has years of experience as both a prosecutor and judge, with an extensive background in judicial and legal reform. As District Attorney she also manages an office of more than 230 people.

“Janet DiFiore is tremendously qualified to serve as Chief Judge of the State Court of Appeals,” said Governor Cuomo. “She has served as both judge and prosecutor, and has spent her career working to ensure justice and fairness for New Yorkers. She has led crucial reform efforts to make our judicial system both more effective and more efficient, and I am confident that she would continue this leadership on the Court of Appeals. I am proud to nominate Janet for this position, because she has the strong, balanced experience that New York needs.”

Governor Cuomo continued: “I also wish to thank Chief Judge Jonathan Lippman for his years of dedicated service on the Court of Appeals, as well as former Chief Judge Judith Kaye and the members of the Commission on Judicial Nomination for their work in recommending a number of qualified and experienced potential nominees. This was a truly exceptional list of candidates.”

District Attorney DiFiore said: “I am humbled by the incredible honor of being nominated to serve as Chief Judge of the New York State Court of Appeals. My professional life has been devoted to the fair administration of justice, and I would gladly continue my service to the people of New York on our state’s highest court. I am grateful to Governor Cuomo for this nomination.”

Westchester County Executive Robert P. Astorino commented: “I congratulate my friend Janet DiFiore on this prestigious appointment.  I have known Janet for many years and have worked closely with her on many issues and I know she’ll be an excellent judge and administrator for the New York court system.  I applaud the governor for choosing such a highly qualified individual as Janet DiFiore. New Yorkers will be well served.”

If confirmed by the State Senate, DiFiore would be only the second female chief judge in New York State history. The first – Chief Judge Judith Kaye – was nominated by Governor Mario Cuomo.

DiFiore has held her current position as District Attorney of Westchester County since January 2006, and is now serving her third term as the county’s chief law enforcement officer. Over the course of her tenure as District Attorney, she has targeted a broad array of crimes involving everything from gang-related violence to identity theft and environmental pollution. She also has considerable experience with domestic violence issues, and has spearheaded efforts to improve the investigation and handling of child abuse cases. Early in her first term, DiFiore also designed and launched the Westchester Intelligence Center, which helps coordinate resources and information sharing among local, state and federal law enforcement agencies.

Prior to beginning her first term in 2006, DiFiore spent more than six years on the bench of state and local courts. She first served as a Westchester County Court Judge from January 1999 to December 2002, and was later elected to serve as a Supreme Court Justice for the New York State Criminal Courts, 9th Judicial District from January 2003 to May 2005. In her time on the bench, DiFiore presided over hundreds of civil and criminal cases on a broad array of issues. As a Supervising Judge on the state’s criminal court, she oversaw a restructuring of the case assignment system in order to increase efficiency and achieve the first elimination of all backlogged cases in any of the state’s judicial districts. Furthermore, during her time on the bench DiFiore was directly involved in the creation of Mental Health and Sex Offenders Courts, as well as the implementation of the newly established Domestic Violence and Drug Treatment Courts.

In addition to her responsibilities as District Attorney, DiFiore has co-chaired the New York State Justice Task Force since 2009, leading investigations of cases involving wrongful convictions and identifying reforms that will prevent such cases from occurring in the future. She was appointed to this position by the current Chief Judge, Jonathan Lippman. Additionally, during her first term as District Attorney, she personally led an investigation into the case of Jeffrey Deskovic, who had been wrongly convicted and sentenced as a teenager in 1990 for rape and murder. In addition to proving Deskovic’s innocence and securing his release from prison, DiFiore’s investigation resulted in the confession and sentencing of the actual killer.

DiFiore is a past president of the New York State District Attorneys Association, and has served on the New York State Commission on Youth, Safety and Justice, which recommended both statutory and administrative reforms pertaining to the prosecution and imprisonment of youthful offenders, as well as the New York State Joint Commission on Public Ethics as its Chair. She received her B.A. from C.W. Post College, Long Island University and a J.D. from St. John’s University School of Law.

This is Governor Cuomo’s fifth nomination to the New York State Court of Appeals. Governor Cuomo previously appointed Judge Sheila Abdus-Salaam and Judge Jenny Rivera, who were confirmed in 2013, and Judge Leslie Stein and Judge Eugene Fahey, who were confirmed in 2015.

DiFiore has been nominated to replace Chief Judge Jonathan Lippman, who will be retiring at the end of the year.

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Good Counsel Property Sold, Sisters of Divine Compassion Announce.

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WPCNR MAIN STREET JOURNAL. From the Sisters of Divine Compassion. November 30, 2015:

The Sisters of the Divine Compassion  announced Thanksgiving Day the completion of the sale of their Good Counsel property at 52 North Broadway in White Plains to WP Development NB LLC. The purchase price was not disclosed.

A key element of the sale is the preservation and enhancement of the church on the property, the Chapel of the Divine Compassion. The Sisters will continue to use the Chapel, where Religious services, community celebrations and spirituality programs will continue to be held.  In addition, the purchaser is working closely with the Sisters to create a heritage space in the chapel.

The Sisters of the Divine Compassion will also continue to maintain congregational leadership and operational offices in the building next to the Chapel.

The 16-acre property was sold unconditionally. The purchaser is evaluating potential future uses.  The property includes 12 buildings including the Chapel encompassing 162,000 square feet of space.

Funds from the transaction will provide for the living and healthcare expenses of the Sisters over the next 30 plus years, and enable the continuation of their mission locally and globally, including ongoing education, spiritual development, compassionate care and human services in Westchester, the Hudson Valley and the Bronx. Religious congregations across the country are readjusting to smaller numbers of Sisters as they have existed for centuries before in the Catholic Church.

The Sisters have owned the White Plains property for 125 years.  As the members have aged, the financial burden of maintaining the campus and the need for sufficient funding for ongoing and future retirement and healthcare needs led to the difficult decision to seek a buyer for the White Plains property.  A two-year marketing and disposition process was conducted by CBRE, a prominent international real estate firm.

Of the Order’s current 80 Members, the 20 Sisters living on the White Plains campus have relocated to a variety of residences throughout the archdiocese, including homes owned by the Order as well as to Sacred Heart Convent in Yonkers. Those with ongoing healthcare needs have moved to assisted and skilled care facilities in the area.

Sister Carol Wagner, RDC, President of the Order, said that while the decision to sell the property has been very sad and emotional, it was based on a comprehensive evaluation of the financial needs of 80 Sisters, the ongoing costs of managing the buildings and property, and the necessity of ensuring funds for their mission to continue.  “We have been blessed with the Good Counsel campus site for 125 years, and the necessity of putting the property on the market, has posed painful and difficult challenges on many different levels.  We deeply appreciate the support and understanding that we have received from so many people as we worked our way through the sale process. We are also extremely pleased that the beautiful Divine Compassion Chapel constructed by Mother Mary Veronica will not only be preserved and enhanced, but that it will remain an active ongoing sacred place of worship, prayer and spiritual growth for us and the larger community into the future.”

The ministries of the Sisters of the Divine Compassion are diverse. They serve as educators, administrators, health care professionals and pastoral care ministers at locations in Westchester, Orange and Dutchess counties as well as the Bronx. They are joined by 75 Associates and Companions who work with them.

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NOW ON YOUTUBE: JEREMY QUINN ON WHITE PLAINS PERFORMING ARTS CENTER and LIBRARY DIRECTOR BRIAN KENNEY ON THE LIBRARY EXPANSION

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 QUINN!

KENNY!

ON WPTV ‘S PEOPLE TO BE HEARD

ON YOUTUBE NOW

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THIS WEEK ON YOUTUBE, JOHN BAILEY INTERVIEWS JEREMY QUINN ON WHITE PLAINS PERFORMING ARTS CENTER DECEMBER PRODUCTION OF TARZAN, AND MR. QUINN DISCUSSES THE SPRING SEASON AND THE THEATRE’S BEST FINANCIAL YEAR TO DATE.

 KENNY!

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JOHN BAILEY INTERVIEWS BRIAN KENNEY, WHITE PLAINS LIBRARY EXECUTIVE DIRECTOR ON THE EDGE, THE ROLE OF THE LIBRARY AND ITS GROWTH IN THE LAST TEN YEARS AND ITS SPECIAL PROGRAMS. 

 

TO SEE THE JEREMY QUINN INTERVIEW  INSTANTLY ON YOUTUBE GO TO:

https://www.youtube.com/watch?v=cm-oyYbotdI

TO SEE THE BRIAN KENNY INTERVIEW INSTANTLY ON YOUTUBE GO TO:

NOTE: TO CONTACT THE WHITE PLAINS LIBRARY FOUNDATION, CALL 422-1495, TO CONTACT THE WHITE PLAINS LIBRARY, 422-1400
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The Thanksgiving Tour

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WPCNR THIS WHITE PLAINS LIFE. By John F. Bailey First published in 2007: 

The celebrity is coming back to town. She was  dropped off in a little college town three months ago, having landed a bit role as a freshman at a humungus  campus in the middle west.  After sending her out there by plane, and the parents driving out her stuff, hooking up her computer with the exception of the printer,  and putting her in the dorm, she was on her own. This a kid who had to rely on skating mom to line up her skating lessons, skating practices, remind her of her homework, etc. , feel her skates to make sure they were sharpened.

Well today she came back after three months away from home with an occasional text message  and an e-mail and a phone call over the last 90 days mainly over the fate of Lloyd Carr, Mike Hart and Chad Henne and Ryan Mallet.  She is now back on her first “Thanksgiving Tour.” And so far I like it.

“You can go now, ” she said, were her last words when left at her dorm in August. We wondered, would she change.

Well it got closer and closer to Thanksgiving, and we did not go out for Parents Weekend — choosing a skating competition weekend instead. So other than arranging a flight back for her Wednesday, and exchanging football chit-chat we did not talk to her much.

Then last week, things happened.

First, we were told prior to Thanksgiving,  ”I don’t have to be picked up at the airport, my friend is picking me up.”

So just to make sure I called the new toast of College Town, USA, (she has made so many new friends on that metropolis of a campus), asking if her arrangements were all set for pickup today.

“Oh….ahhh dad, could you pick me up? Meghan can’t pick me up at the airport, her Dad has to have the car.”

I want you to know there was a time four months ago when, I as a parent would have pounced on this egregious lack of planning and continued the old pre-college parent -superior, daughter-irresponsible relationship.

But, no, being a rat-dog dick reporter and a “disgusting person,” I am subtle, I’m learning, devious,  I say to her, very matter-of-factly,  instead,

“No problem. I think it’s real tough driving to LaGuardia when you’re not experienced. I wouldn’t want Meghan saddled with that responsibility.”

So she says, “That’s great Dad.” (I had scored incredible points by not flying off the handle!)

Well, that felt good. So Wednesday morning the ingénue leaves her skating practice out at College Town USA and hops the shuttle to the airport. When she arrives at DTW, her flight is delayed. With my wife checking Northwest Orient (NorthWEST ORIENT AIRRRRRRRRRRRRRLINES, remember that commercial) every hour on the half hour, and ascertaining IF campus queen got on the shuttle to Detroit, was on the shuttle, has a credit card and knows how to pay, (she has missed this micromanaging),  we determine her flight is delayed until 1:40 PM.  Campus queen checks in from the waiting lounge by cellphone advising she is awaiting her plane.

But never fear the HOV lane in the sky is easing air traffic congestion all over America. Her Flight gets new equipment (which in airline-speak, means “plane”).

 

This enables me to go over and watch the Parker Stadium Ceremony. At the ceremony, Skating Mom calls and says Big Ten Princess has gotten on the plane. So I leave Parker Stadium at 1:30, and divert  to LaGuardia figuring the plane gets there from Detroit around about 3 PM.

 

But, oy! The anxiety of traffic reports, “reports” of airport delays was not to be believed. Though traffic was bumper to bumper northbound on the Hutch — it was wideopen southbound to the bridges, something you would not know from the traffic reports.

 

Then there’s the anxiety of weather reports! Bad weather in the midwest! FOG. Low ceilings! It is paralyzing.

But to listen to the radio traffic reports (“2 hour delays getting to the airports.” “Flights delayed.” ) without real specific information, I might add.   You listen to traffic reports today you’d never go anywhere.

You could not determine from the Radio 880 reports whether the Whitestone Bridge or Throgs Neck Bridge were backed up into the Bronx, for example, the traffic reports were somewhat useless and all they did do was create anxiety.

So I decide to divert to the Throgs Neck Bridge off the Hutchinson River Parkway southbound. I spend 10 minutes at the Throgs Neck, even in the cash lane, and I cross over realizing I could not get on the Cross Island westbound, so instead I shot down the wide open Clearview Expressway to the Long Island Expressway westbound to the Grand Central Parkway (Exit 22A) and I am parked at LaGuardia at 2:30 PM. One hour to LGA from White Plains despite the traffic reports on Getaway Day.

Meanwhile, communicating by cellphone with Orchestrating Mom, I am informed the Ice Princess is in the air, and I in turn inform Orchestrating Mom (who is cooking Thanksgiving dinner — we should have ordered Stu Leonard’s but she is a traditionalist), I have arrived and am waiting in the Delta Terminal.

Scanning the Boards at LGA Delta Terminal. You’re lucky if you can find your flight.

I mean LaGuardia is such a shabby airport on the arrivals level. No lounges, no seats, and very few boards telling you what’s coming in. Even the $5 Starbucks is lukewarm. I mean compared to Detroit this airport LGA is like a 30s airport which it is.

How did I ever manage to fly home from college without a cellphone? It is a miracle.

So the Flying Wolverinette calls me from the plane, informing me she has landed.

I tell her I’m wearing the Michigan hat.

She crackles from the aircraft: “You would be.”

So I wait at the escalators by the Northwest baggage claim. Each time a pair of blue jeans, boots or tights appears from the feet up to the waist I think it is the Ice Queen arriving…instead it turns out to be a woman in her 40s, 50s and up – way too old and too made up to be wearing that kind of bottom. Very disconcerting and funny and bizarre effect.

So finally she comes off the escalator and actually looks glad to see me.

And she is perfect!

I snap her picture she hugs me. I hug her.

I say, “I missed you.”

She says, “I missed you, too.”

I said, “You really did a great job these last 90 days.”

“Thanks Dad,” she says.

She is not the same, but I like what I see. Her nails are done better. She looks more confident. I love confidence in a woman.

So she tells me how she can hardly wait to drive a stick shift again. How nervous she is when driving with others at the wheel. How she doesn’t want to discuss the State game.

We have this incredible amusing ride back up to Westchester County.

A guy tailgates me on the Whitestone, one inch from my bumper and when I pull out to wheel over to the Whitestone…he yells “Learn how to drive.” She thinks this is hilarious, “You always told me to ignore those kind of people.”

Then – she lists all the things she has to do in the next two days before she goes back to College Town, USA. Tells me about the fraternity parties before the football games.  I think she is having way too much fun for $40Gs a year and up This is some camp. Though the grades are good.

She says she is going to play knockout late in White Plains tonight, a kind of dodgeball in the dark. I point out that she shouldn’t do that, what if she twists an ankle and can’t skate? She laughs.

I asked, “you missed that didn’t you?” (meaning my Dad advisories.)

“Noooooo, “ she says. “I haven’t heard that in three months.”

She has done a good job.

And you know what, she has.

And I have learned to text message. And I didn’t miss her as much as I thought I would.

Just watching television of a football game with 100,000 people in the stadium, thinking that she might be on camera some time during a game, I did not miss her much, did I?

We have grown closer together, since we’ve been apart.

It’s great to see the little sailboat negotiating the tricky headwinds of life herself, hoisting the sails on her own, and when she gets blown over, righting the hull herself.

I could never have done what she has done the last three months in College Town USA.

I loved picking her up at the airport.

I loved the way she looked at me when she saw me.

I like the way she’s changed.

And that’s a good thing.

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America’s Hometown

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WPCNR ROVING PHOTOGRAPHER. Thanksgiving Portfolio, all photos by WPCNR: On this Thanksgiving, let us remember the band of hardy intrepid souls who crossed an ocean in a boat no  bigger than a large Chris Craft and settled in an unforgiving landscape and started a country in the cold landscape of New England.

They were helped by Indians who welcomed them, without whom they would not have survived. A salute to this brave band.

They sailed into a bay, dropped anchor and just carved out a living after living in incredible conditions in a ship’s hold for weeks, crossing the storm-tossed North Atlantic. Here are some views of America’s first hometown captured by the WPCNR Roving Photographer.

Plymouth Rock Landing. Plymouth, Massachusetts.

The Mayflower II. Plymouth Harbor.

 

Indian Statue of Squanto welcoming the Pilgrim Settlers. Plymouth.

 

Governor William Bradford Statue on the Shores of Plymouth Harbor

“Plymouth Rock,” The landing place of the pilgrims. 

Settlers Home, left, circa 1690. 

Church, Plymouth late 1700s. .

The Jury: Old Burial Ground, Plymouth. Last resting place of the pilgrims overlooking Plymouth Harbor. The sacrifices, bravery and perseverence of these persons stand as examples to Americans today. How are we doin’?

 

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Libous, Former State Senator, Gets 6 Months House Arrest for Lying to the FBI…His Terminal Illness Factor in House Arrest Decision

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WPCNR FBI WIRE. From the Federal Bureau of Investigation. November 25, 2015:

Preet Bharara, United States Attorney for the Southern District of New York, announced today that New York State Senator THOMAS W. LIBOUS was sentenced to six months of house arrest for making false statements to the Federal Bureau of Investigation (“FBI”). LIBOUS was convicted on July 22, 2015, following a seven-day trial in White Plains federal court before the Hon. Vincent L. Briccetti, United States District Judge, who also imposed Tuesday’s sentence.

The evidence at trial proved that a federal grand jury in White Plains was investigating allegations that THOMAS LIBOUS had obtained a job for a his son Matthew Libous at a Westchester law firm (“the Law Firm”) in exchange for a promise to refer business to the firm, and had arranged for an Albany lobbying firm that regularly lobbied him to secretly pay the law firm $50,000 per year to defray the cost of Matthew Libous’s salary and lease of a Range Rover. The lobbying firm specialized in transportation issues and THOMAS LIBOUS served as the Chairman of the Senate’s Transportation Committee at the time. The evidence also showed that THOMAS LIBOUS told a partner of the Law Firm that the firm would have to “build a new wing” to accommodate the business he would refer to it if it hired the member of his family.

Special Agents of the FBI interviewed THOMAS LIBOUS on June 24, 2010, as part of the grand jury’s investigation. The evidence at trial showed THOMAS LIBOUS made the following false statements to the agents during the interview:

  • he could not recall how Matthew Libous began to work at the Law Firm;
  • no deals were made to get Matthew Libous the job at the Law Firm;
  • he was not aware that the lobbying firm had paid any part of Matthew Libous’s salary at the Law Firm;
  • he never promised to refer work to the Law Firm;
  • he was not involved in Matthew Libous’s decision to work at the Law Firm;
  • he had no business or personal relationship with the Law Firm; and
  • he did know of any relationship between the lobbying firm and the Law Firm.

In imposing sentence, Judge Briccetti said LIBOUS’s conduct in lying to the FBI was “disgraceful” and took note of LIBOUS’s “total lack of remorse.” He called the monthly payments totaling $50,000 from the lobbying firm to the Law Firm the “elephant in the room” that LIBOUS had not explained. Judge Briccetti said that ordinarily he would have imposed a sentence of six months in prison but he declined to send LIBOUS to prison given his terminal medical condition.

In addition to the sentence of home confinement, LIBOUS, 62, of Binghamton, New York, was also sentenced to two years of supervised release and ordered to pay a fine of $50,000.

Mr. Bharara praised the investigative work of the FBI.

The prosecution is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Benjamin R. Allee and James McMahon are in charge of the prosecution.

This content has been reproduced from its original source.
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Downtown Music Coming in December at Grace Church

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Guests filing in for this past Sunday Downtown Music at Grace Benefit featuring the world famous Highbridge Voices Chamber Choir from The Bronx, USA

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Mary Clementi directs the Knightsbridge Choir Sunday in Grace Church

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December Downtown Music Concert Schedule

Wednesday, December 2, 12:10PM

Cambiata TrioPamela Sklar, flute; Suzanne Mueller, cello;Mark McCarron, guitar. Cambiata performs classical, jazz standards, original music (by McCarron and Sklar) and arrangements of music by other composers ranging from Handel to Villa-Lobos to Ian Anderson.  A Downtown Music debut. Free Admission

 

Wednesday, December 9, 12:10PM

Tableau VivantKaren Marie Marmer, violin & Dongsok Shin, harpsichord, principals of the celebrated baroque ensemble Rebel, with guests David Ross, baroque flute and Arnie Tanimoto, viola da gamba offer Telemann in Paris featuring works by Georg Philip Telemann and Michel Blavet. Free Admission

This concert is made possible with the generous support of Paul Bergins, Esq., White Plains, New York.  

Wednesday, December 16, 12:10PM

Angelica, a women’s chamber choir directed by Marie Caruso, presents a program drawn from the vast treasury of medieval, renaissance and 20th century music celebrating the wonder and beauty of the Christmas season.  Free Admission

This concert is made possible with the generous support of the Brian Wallach Agency,
White Plains, New York. Personal and Commercial Insurance since 1949.

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Attorney General Reaches Agreement with Planet Fitness. “Tan at your own risk,” Press Release Implies

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WPCNR WHITE PLAINS LAW JOURNAL. From the Office of the Attorney General of the State of New York. November 25, 2015:

Attorney General Eric T. Schneiderman today announced that his office has reached an agreement with Planet Fitness Holdings LLC, and its subsidiaries, Pla-Fit Franchise, LLC, franchisor of Planet Fitness brand fitness facilities and Planet Fitness National Advertising Fund, LLC, (collectively “Planet Fitness”) requiring that they not offer “unlimited” tanning as part of premier Black Card level memberships and that they provide adequate training to employees who oversee indoor tanning services at Planet Fitness gym locations.

Planet Fitness also agreed not to make health-related claims to promote red lamp devices and to comply with all New York State tanning regulations.   Planet Fitness paid $50,000 in costs and penalties.

“Under today’s agreement with Planet Fitness, the company will no longer offer unlimited tanning as part of its health club benefits and will not make any claims regarding the health or safety of indoor tanning,” said Attorney General Schneiderman. “This agreement is part of a continuing effort to protect consumers from the documented skin cancer risks of indoor tanning. I am especially concerned with rising cancer rates associated with indoor tanning, particularly for young people, and businesses that offer indoor tanning should market their services truthfully.”

Indoor tanning increases the risk of melanoma, the deadliest form of skin cancer – which is responsible for 9,000 deaths in the United States each year.  Indoor tanning also increases the risk of other skin cancers such as basal cell carcinoma and squamous cell carcinoma.  While usually not fatal, these cancers can cause noticeable disfigurement.

In addition to increasing the risk of skin cancer, UV exposure can also harm the immune system and cause premature skin aging.  New York State tanning law currently prohibits tanning for children under 17 and requires parental consent for children between the ages of 17 and 18.  Additionally, New York law requires that current tanning hazards information sheets and acknowledgement forms be distributed to tanning patrons and that free protective eyewear be made available to tanning patrons.

Investigators visited a number of Planet Fitness franchise locations that offer tanning services and found numerous violations of New York State tanning laws, including failure to provide required warnings and acknowledgment forms to consumers and failure to provide protective eyewear at no additional cost, a public health hazard. There are approximately 98 Planet Fitness locations currently operating in New York State, with some under corporate ownership and the majority owned by independent franchisees.

Some Planet Fitness locations offered LED or red light Beauty Angel treatments that were advertised as providing various health related benefits.  However, these red lamp devices are approved by FDA only for cosmetic purposes.  Planet Fitness and its franchised locations ceased promoting red lights for medical or health benefits upon notice by the Attorney General of its potentially false and misleading advertising of these services.

Planet Fitness also ceased the promotion of Black Card trial membership upgrades and Black Card memberships to include unlimited use of “free” and “unlimited” tanning services to members of legal tanning age during the course of this investigation.  These promotions may imply that frequent indoor tanning is safe and may encourage more frequent indoor tanning

While Planet Fitness does not advertise or promote health-related benefits of indoor tanning, the investigation uncovered that Planet Fitness did not require or provide training of its employees in any Planet Fitness locations beyond the operation of UV devices and sanitizing procedures for tanning beds. Nor did Planet Fitness provide independent third-party training programs regarding safety precautions and procedures to employees of corporately owned locations.

Under the settlement, Planet Fitness will adopt written training procedures for employees of corporate locations that emphasize, among other requirements, the operation of tanning equipment in a manner adequate to protect consumers from potential overexposure and other hazards related to indoor tanning and making any representations about the safety of indoor tanning.  Planet Fitness will emphasize to franchisees the importance of their compliance with these employee training procedures.

The action announced Tuesday is one of a number of steps taken by the Attorney General to help educate the public and raise awareness of the harms associated with indoor tanning. The Attorney General’s office has released a brochure on indoor tanning safety  that provides important information on the risks and harms associated with UV tanning.  In August 2013, the Attorney General submitted comments to the Food and Drug Administration supporting a proposed agency order that would provide important protections for consumers and new warnings on UV radiation tanning beds and other sunlamp devices. A copy of the FDA letter is available here. The FDA’s final order became effective in September 2014, strengthening protections for consumers by requiring manufacturers to place additional performance and safety controls on sunlamp products, and to include contraindication statements and warnings.

In 2013, the Attorney General launched an investigation into suspected misleading advertising in the indoor tanning salon industry.  The Attorney General reached settlements in March 2014 with HT Franchising Management LLC, the franchisor of the Hollywood Tans salons, and Hollywood Tans NYC, a Manhattan-based franchise of the national chain, requiring them to stop making health-related representations to promote tanning services.  The Attorney General also has two  lawsuits  currently pending against Portofino Spas, LLC (“Portofino”) and Total Tan, Inc., alleging that both franchises engaged in false advertising by denying or minimizing scientific evidence linking tanning to an increased cancer risk; promoting indoor tanning as a safe way to reap the benefits of vitamin D and other purported health benefits; and asserting that indoor tanning is safer than tanning outdoors.  In addition, Total Tan is accused of violating New York indoor tanning laws.

The Planet Fitness settlement was handled by Assistant Attorney General Ellen Fried and Bureau Chief Jane M. Azia, of the Consumer Frauds and Protection Bureau, and Executive Deputy Attorney General for Economic Justice Karla G. Sanchez.  The tanning salon investigations and litigation are being handled by the Consumer Frauds Bureau, the Health Care Bureau and the Environmental Protection Bureau.  The Health Care Bureau is led by Lisa Landau and the Environmental Protection Bureau is led by Lemuel Srolovic.  The Health Care and Environmental Protection Bureaus are in the Division of Social Justice led by Executive Deputy Attorney General Alvin Bragg.

 

 

Consumers with questions or concerns about health care matters may call the Attorney General’s Health Care Bureau Helpline at 1-800-428-9071.  Consumers with complaints about other consumer matters can file a complaint online or call the Attorney General’s consumer helpline at 1-800-771-7755.

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