County Executive Announces New Director of Economic Development, Senior Assistant to the County Executive

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WPCNR COUNTY CLARION-LEDGER From the Westchester County Department of Communications. June 26, 2014:

County Executive Robert P. Astorino has announced the appointment of William M. Mooney III, as the new director of economic development for Westchester County, and Eileen Mildenberger as senior assistant to the county executive for government operations, effective immediately.

Mooney and Mildenberger are effectively trading positions, in a move Astorino said will benefit both the county and his two employees.

“Bill and Eileen have been crucial members of my administration for several years and both share my commitment to promoting economic growth, creating an environment for job creation, and delivering the most cost-effective and efficient government that Westchester residents rightly expect,” said Astorino. “I also believe in fostering opportunities for people in my administration to grow professionally and meet new challenges. And in their new roles, they will be doing both – as we work together to continue moving Westchester forward.”

In addition to oversight of many of the county agencies as senior assistant for government operations, Mooney was also the lead coordinator on many county projects, including the oversight and development of the county’s more than $100 million capital budgets.

As director of Economic Development, Mooney will serve as liaison to the business community and work with the Westchester Industrial Development Agency and Local Development Corporation, and its executive director, Jim Coleman, to help businesses and entrepreneurs stay, grow and relocate to Westchester.

Mooney will also oversee the county’s Office of Tourism and Film and retain oversight of several ongoing Astorino initiatives, including the redevelopment of the county’s North 60 at the Grasslands reservation where a biotech/Medical research facility is proposed, as well as the public-private partnership for the revitalization of Playland. Previous to joining the Astorino administration in 2010, Mooney practiced law for many years throughout Westchester and New York State, representing clients in health care, education, real estate and municipal law, and from 1997 to 2003 served as corporation counsel for the City of Yonkers. Mooney is a graduate of Villanova University with a degree in Business Administration, and has a law degree from Pace University School of Law.

In her role as director of Economic Development and before that as executive director of the IDA, Mildenberger helped attract more than $750 million in private sector capital investment to Westchester, assisting businesses from start-up biotech companies to global giants like PepsiCo and IBM.

In addition to her new duties as senior assistant to the county executive, which includes oversight and coordination of county departments such as Corrections, Probation, Parks, Planning and Human Resources, Mildenberger will also continue to assist in the economic development strategies and initiatives. Prior to the IDA, Mildenberger worked 12 years at the Empire State Development Corporation (ESDC), the final three as chief operating officer. Prior to ESDC, she practiced bankruptcy law. Mildenberger is a graduate of Hofstra University with a degree in Finance, and has a law degree from the Jacob Fuchsberg School of Law at Touro College.

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2 Former Stockholders Charged with Insider Trading Violations — 18,737 defendents charged in fraud cases in 5 years by Obama Fraud Task Force

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WPCNR FBI WIRE. Special to WPCNR from the Federal Bureau of Investigation. (EDITED) June 25, 2014:

Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), today announced conspiracy and securities fraud charges against BENJAMIN DURANT and  DARYL  PAYTON, two former stock brokers at a securities trading firm (“Securities Trading Firm-1”), for their alleged involvement in an insider trading scheme.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.

Since the inception of FFETF in November 2009, the Justice Department has filed more than 12,841 financial fraud cases against nearly 18,737 defendants including nearly 3,500 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.

 

With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations.

 

Specifically, in today’s indictmants, DURANT, PAYTON, and their co-conspirators allegedly traded on the basis of material, non-public information (“Inside Information”) concerning IBM’s acquisition of a software company, SPSS, Inc., in 2009, earning hundreds of thousands of dollars in profits.

DURANT and PAYTON were arrested this morning at their homes in Manhattan, New York, and will be presented in Manhattan federal court before U.S. Magistrate Judge Michael H. Dolinger this afternoon.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, Benjamin Durant and Daryl Payton not only acquired inside information about a corporate acquisition and made illegal profits from it, but they colluded with others to conceal their crime, even holding a secret meeting at a hotel the night the acquisition was announced to devise their cover-up plan. This kind of dishonesty is profitable only in the short run, ultimately leading to arrest and prosecution.”

FBI Assistant Director-in-Charge George Venizelos said: “The defendants bought SPSS stock and options before a leaked acquisition by IBM, violating the law and breaching their duty, as alleged. When Durant and Payton were asked about their trades in an internal investigation, they doubled down and lied. Today they find themselves under arrest. The integrity and fairness of our financial markets are paramount. It’s a matter of national security. We will police this type of illegal behavior and make as many arrests as necessary until people stop cheating and ripping off others to get ahead.”

In a separate action, the U.S. Securities and Exchange Commission (“SEC”) announced civil charges against DURANT and PAYTON.

The following allegations are based on the Indictment unsealed today in Manhattan federal court:

The Inside Information concerning IBM’s acquisition of SPSS originated from a corporate lawyer who was part of the legal team that represented IBM in the transaction (“Attorney-1”) in 2009. On May 31, 2009, Attorney-1 shared Inside Information concerning the transaction, including the names of the parties and the fact that IBM was going to acquire SPSS for a significant premium over its market price, with his close friend, Trent Martin, a former research analyst at an international financial services firm. The information was shared in confidence and, based on their longstanding history of sharing confidences, Attorney-1 expected that Martin would not share the information or use it to trade.

However, in June and July 2009, Martin bought SPSS common stock and call option contracts based on the Inside Information he was given by Attorney-1 and, in turn, shared the tip with his roommate, Thomas Conradt, who worked as a stock broker at Securities Trading Firm-1. In July 2009, Conradt passed along the tip to DURANT and PAYTON, his co-workers at Securities Trading Firm-1, who then bought SPSS call options based on the Inside Information.

When IBM announced its acquisition of SPSS on July 28, 2009, the share price of SPSS common stock rose by 41% in one day. Thereafter, DURANT, PAYTON, Martin, Conradt and David Weishaus, whom Conradt also tipped, sold their SPSS positions, yielding total profits worth hundreds of thousands of dollars.

After IBM announced its acquisition of SPSS, DURANT and PAYTON took steps to conceal their illegal insider trading activity. On the evening the IBM/SPSS transaction was announced, DURANT and PAYTON met Conradt, Weishaus, and another co-conspirator at a hotel in Manhattan.

At that meeting, DURANT, PAYTON, and the others discussed their trading in SPSS securities and how much money they made. When they were all together, DURANT suggested that if anyone asked why they had traded in SPSS securities, they should simply say that they liked technology stocks.

Thereafter, prior to the sale of his call options, PAYTON transferred his options from securities accounts at Securities Trading Firm-1 to two securities accounts that he opened at a different brokerage firm.

In doing so, PAYTON falsely informed the new brokerage firm during a recorded telephone call that he was a “self-employed real estate consultant,” rather than a stock broker at Securities Trading Firm-1. In that call, a representative from the new brokerage firm specifically informed PAYTON that if he worked at a broker/dealer, duplicate account statements might have to be sent to his employer.

Nevertheless, PAYTON did not inform the new brokerage firm that he worked at Securities Trading Firm-1. Later, in November 2009, when Securities Trading Firm-1 conducted an investigation into the trading activity of DURANT and PAYTON in SPSS, both of them offered cover stories for their SPPS trading and neither indicated that he had heard about SPSS from, or spoken about the company with, Conradt, Weishaus, or another co-conspirator.

***

2

DURANT, 37, of New York, New York, has been charged with one count of conspiracy to commit securities fraud and two counts of securities fraud (Count Two and Three). PAYTON, 38, also of New York, New York, has been charged with one count of conspiracy to commit securities fraud and three counts of securities fraud (Count Four through Six).

Count One, the conspiracy charge, carries a maximum potential penalty of five years in prison and a fine of $250,000 or twice the gross gain or loss from the offense. Counts Two through Six each carry a maximum potential penalty of 20 years in prison and a maximum fine of $5 million. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.

Martin, Conradt, and Weishaus have previously pled guilty.

Mr. Bharara praised the investigative work of the FBI. He also thanked SEC for its assistance in the case.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Telemachus P. Kasulis and John T. Zach are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

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July 7 FASNY OPENING HEARING ON NEW FASNY SITE PLAN & SPECIAL PERMIT and HATHWAY CLOSING, STILL ON, CNA REPORTS

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WPCNR SOUTHEND TIMES. Special to WPCNR from the Council of Neighborhood Associations. June 25, 2014: 

The President of the White Plains Common Council, Councilman John Martin has responded to a letter from the White Plains Council of Neighborhood Associations from CNA Co-Presidents, Howard Waldman and Ken Kristal, asking the July 7 scheduled opening of the public hearing on the newly submitted site plan for the French American School of New York planned campus for the former Ridgeway Country Club be postponed.

Martin has written the hearing is on, and that the French American School of New York is entitled to be treated like any other landowner in the city . Martin also noted in the letter to Mr. Waldman and Mr. Krystal that residents would have “months” to make comments as the public hearing continue or in writing. For himself, Martin said he would weigh all the facts before he would cast his vote.

The letter the Co-Presidents have sent out to neighborhood associations reads:

Mr. Waldman told WPCNR Mayor Thomas Roach did not reply to the association request for postponement.

Dear WPCNA Members,

The attached letter ( please read ) was sent to the Mayor and Common Council. To date, we have not heard back from the Mayor. The President of the Common Council wrote back, denying our request. He stated that the July 7 date was still on, and that, there would be ample time in the coming months for citizen input. He encouraged further citizen input in writing and at hearings.

Please note that WPCNA does not hold regular meetings in July or August. We resume our meetings at Education House, 5 Homeside Lane in September.

Have a wonderful summer from all of us on the Board.

Howard Waldman
Ken Kristal
Co-Presidents, WPCNA

(The original CNA Letter sent to Mayor Roach and the Common Council, requesting postponement:)

White Plains Council of Neighborhood Associations (WPCNA)

June 16, 2014

Dear Mayor and Common Council Members,

The White Plains Council of Neighborhood Associations has been informed that the White Plains Common Council has scheduled for its regular session on July 7, 2014, the first night of public hearings for three components of the French American School of New York’s (FASNY) application to construct a campus on the former Ridgeway Country Club property.  The components include de-mapping of a portion of Hathaway Lane, a Special Permit for use of the property as a school, and a request for Site Plan approval.

Monday, July 7, is a day following the July 4th three-day holiday weekend and the start of the summer vacation period for many White Plains residents.  In light of that fact, at the June 10th Meeting, the WPCNA Board and neighborhood reps voted unanimously to request that the initial public hearing on these matters be postponed to September.  As you know, the FASNY proposal has generated significant local interest, and in the spirit of open government, we respectfully urge you to reschedule the initial hearing, so that all interested citizens will have the opportunity to attend and comment.

Sincerely Yours,

Howard Waldman

Ken Kristal

Co-Presidents, WPCNA

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The Day Custer Sought Glory.

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WPCNR MILESTONES. By John F. Bailey. June 25, 2014 Reprinted from the WPCNR archive:

One hundred thirty-eight years ago today in the midsummer sweltering heat of the Dakota Badlands, Major General George Armstrong Custer and 600 Cavalrymen of the U.S. Seventh Cavalry were converging to attack  a contingent of 2,000 Sioux and Cheyenne Indians encamped on the Little Big Horn River. Custer was in the lead.

Statue of Major General George Armstrong Custer in his hometown, Monroe, Michigan

 

Sighting the Enemy

Custer, whose strength as a commander was willingness to engage the enemy by surprise has long been criticised by historians and military experts for disobeying the command of his superior General Alfred H. Terry, (commander of the Little Big Horn campaign), who warned Custer to wait until Terry’s forces arrived to join him before Custer launched any attack.

At about 5 PM this afternoon  today  it was the waning afternoon, 138 years ago, 1876.  225 troopers, Custer, and Mark Kellogg, the Associated Press correspondent(one of the first “embedded correspondents”) lay dead across the ridges of the Little Big Horn Valley.

The Indians had so much respect for Kellogg’s talent, they left his body alone. To the Sioux, Mr. Kellogg was known as “The Man who could make paper talk.”

Mr. Kellogg’s foolscap (copy paper) littered the horror of the battlefield.

Kellog was given a mule to ride by General Terry, and rode into battle with Custer.

That afternoon, 135 years ago today,the superior Indian force had dealt the American military its most infamous defeat to date, which would be chronicled again and again.

Custer’s accomplishments as a military commander though have suffered as a result of this alleged rash and ill-advised attack.

However, the battle is instructive for all who command, (no matter what position of command they hold), to pay attention to their scouting reports,and above all conduct scouting forays, and to ignore whatever person gains might be achieved by a personally attractive course of action.

Allegedly, Custer had seen a possible victory lead by himself over the Sioux as a stepping stone to national office.

Instead, he died in action one of the few U.S. Army Generals to do so.

Few know today, as the statue of General Custer in his hometown of Monroe, Michigan, says how Custer was instrumental in forcing General Robert E. Lee to surrender by blocking Lee’s retreat at Appomattox in 1865.

Custer’s defeat may have been inevitable but the actions of Major Reno’s premature breaking off  his initial attack on the Indian encampment, a disasterous premature cut-and-run retreat, did not help Custer’s chances.

Reno’s apparently premature retreat allowed the counterattacking indians to turn all their force on Custer’s force, getting behind him,  surrounding Custer and his command and killing them all within an hour.

Custer’s glory achieved through his death is a sobering reminder every year for those who ignore facts confronting them, and underestimate adversaries, and discount adverse conditions.

We should not forget though that Custer was attempting to achieve his mission.

No one can say what really motivated him 135 years ago today in the early afternoon when he launched his attack. Second-guessing is the sport of the armchair historians and military strategists who have the evidence of the result. Blame is easily distributed.

That is the loneliness of command. Combat. Decisions. Risks. Surprise. They are the stuff that leaders have to deal with.

On this day, we should look back and remember the courage it took to engage. Remember the bravery the Seventh Calvary displayed in defeat (despite Indian reports of many committing suicide).

Soldiers today demonstrate this courage every day. We need to admire that courage.

I cannot fathom what it takes to be able to be courageous like that.

Deploying 300 soldiers to Baghdad to protect our ambassadors to bring in a recent “political” action by a U.S. leader, puts those 300 in the “sitting duck” position facing thousands of Sunni rebels who would like nothing better than to drag U.S. soldiers through the streets on the back of jeeps and behead a few on the internet.

If we are so worried about our embassy there, pull them out now. Don’t leave them there. Iraq is lost. This deployment is a simple political gesture to avoid criticism by Republicans that we did nothing during the midterm elections. Perhaps the worst reason to send troops back in who are outnumbered going in. Way outnumbered.

 

Leading is not for everyone.
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FREE HIV TESTING offered around the County Friday.

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WPCNR HEALTH WATCH. From the Westchester County Department of Health. June 23, 2014:

To mark National HIV Testing Day, the Westchester County Health Department and its Project WAVE (War Against the Virus Escalating) partners will offer free rapid HIV tests at the following locations on Friday, June 27:

Westchester County Health Department:

Yonkers District Office

20 S. Broadway, 2nd Floor

8 a.m. to 3 p.m.

Phone: 231-2500

 

Family Services of Westchester & Westchester Medical Center

Corner of Gramatan & Lincoln Ave, Mount Vernon

9 a.m. to 3 p.m.

Phone: 493-1172

 

Open Door Family Medical Center

165 Main Street, Ossining

9 a.m. to 4 p.m.

Phone: 502-1479

 

Port Chester Open Door Medical Center

5 Grace Church Street, Port Chester

9 a.m. to 4 p.m.

Phone: 406-8207

 

“An estimated 1.2 million Americans are living with HIV, and yet one out of five doesn’t know it,” said health commissioner Dr. Sherlita Amler. “To find out your status, there are plenty of places in Westchester that offer free testing on a regular basis, like our health department clinics. The test is quick, simple and readily available, so there’s no excuse not to get one.”

The Westchester County Department of Health provides free, confidential rapid HIV tests routinely at its HIV and STD clinics. For more information, go to www.westchestergov.com/health and click on the clinic schedules link on the left.

WAVE works with more than 230 member agencies throughout the state to promote HIV counseling, testing and referrals.

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WHITE PLAINS WEEK & PEOPLE TO BE HEARD — AT WHITEPLAINSWEEK.COM

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HERE THEY COME!

WHITE PLAINS WEEK

THE NEWS PUNCHERS

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HERDING THE DARK CLOUDS OUT OF THE SKY

KEEPING THE HEAVENS BLUE

2014131 002PETER KATZ     JOHN BAILEY     JIM BENEROFE

THE  WHITE PLAINS NEWSBOYS

ON

THE TROPICAL HEAT WAVE

COUNCILPERSON NADINE HUNT-ROBINSON’S CHALLENGERS

GEDNEY ASSOCIATION HAS ONE LIFELINE LEFT

THE LEFKOWITZ DECISION AND WHAT IT MEANS FOR THE FASNY HEARINGS COMING UP!

CLOUDY FUTURE FOR PLAYLAND BUT ATTENDANCE IS BRIGHT AHEAD

INSIDE THE COUNTY’S NEWEST AFFORDABLE HOUSING IN BRIARCLIFF MANOR

CONSTRUCTION ROUNDUP

ONE OF GOP STRATEGISTS — WILLIAM “F” O’REILLY —  

ASTORINO ACE NOT  PLAYED.

SMALL PLANE CRASHES ON SUNY PURCHASE PROPERTY

AND

ON PEOPLE TO BE HEARD

“Westchester County’s Most Relevant Interview Program”

 

THE FASNY SIDE OF THE STORY

YOU’VE GOT

MICHAEL ZARIN, THE FASNY ATTORNEY

AND

JOHN BOTTI, FASNY ADVOCATE

003

Michael Zarin, 2nd from left, and John Botti, second from right, shown from their appearance on WHITE PLAINS WEEK last fall ane BACK on this week’s PEOPLE TO BE HEARD to talk abot this week’s FASNY court ruling and the French American School of New York new site plan on schedule for its special permit hearing coming up July 7. Don’t miss the action!

 

DOWNLOAD BOTH THESE

KEY PROGRAMS

NOW AT

www.whiteplainsweek.com

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8 Neighborhood Associations Call on Mayor Roach to Postpone July 7 FASNY Opening Night of Site Plan Special Permit Hearing.

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WPCNR SOUTHEND TIMES. News Release from the Gedney Association. June 21, 2014:

Eight Neighborhood Associations in the vicinity of the proposed French American School of New York’s (FASNY) regional school complex have sent an urgent letter to Mayor Thomas Roach and members of the White Plains Common Council requesting  postponement of the initial Public Hearing tentatively scheduled for July 7, 2014.

Speaking of the July 7th date John Sheehan, Vice President of the Gedney Association said “We were shocked that the Mayor and Common Council would even consider a summer date for these important hearings.  July 7th is the first day after the three July 4th weekend. 

“Could the City have scheduled a worse date for public participation?  This first Public Hearing is very important.  It’s when the City plans to articulate its argument for closure of a portion of Hathaway Lane as well as FASNY will discuss their application for a Special Permit for the project. 

“It also seems strange that the City is putting forth a de-mapping and closure of a public street before the Council has even considered the granting of a Special Permit. Why is the Mayor rushing the process concerning an enormous school complex in the summer when so many residents are away?”  

In the letter to the Mayor and Common Council the eight neighborhood associations have also requested that another venue be selected for these important hearings.

Mr. Sheehan stated “The FASNY application has generated substantial opposition by residents and in the interest of open government everyone should have a right to be in the same room.  During the last hearings residents were turned away from the Common Council meeting room to the City Hall lobby to watch the proceedings on TV.  In the past, major projects that have generated this type of interest were relocated to the White Plains High School.”

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Safety Board Issues Preliminary Report on Rockefeller Plane Crash.

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WPCNR AVIATION NEWS. From Peter Katz, Editor, NTSB REPORTER. June 21, 2014:

On Saturday, the NTSB issued a preliminary report on the June 13 crash of a Piper Malibu Meridian single-engine turboprop aircraft shortly after takeoff from the Westchester County Airport (identifier HPN). Richard Rockefeller, son of David Rockefeller, was the pilot and only occupant of the airplane. He was killed.
The preliminary report issued by the NTSB on Saturday does not establish a probable cause of the accident. The full investigation may take up to a year or more, and no conclusions will be reached until the investigation has been completed. 
The NTSB reports that Rockefeller was flying on an instrument flight plan, requiring the use of cockpit instruments for navigation and aircraft control. This would have been necessary because of because of bad weather which severely limited the view through the airplane’s windows. The accident occurred at about 8:08 a.m. The personal flight was destined for Portland International Jetport (PWM), Portland, Maine.The report continues, “The pilot had flown from PWM to HPN the previous day. The fixed base operator (FBO) at HPN serviced the airplane with 60 gallons of Jet-A fuel, which filled the tanks and FBO personnel were advised to expect the pilot at 0900 on the following day. The pilot subsequently arrived at the FBO at 0745 and requested his airplane be brought outside and prepared for an immediate departure.

“Preliminary information from the Federal Aviation Administration (FAA) revealed that the flight departed HPN at 0806 and that the air traffic control tower was contacted shortly thereafter by the New York Terminal Radar Approach Control facility inquiring if the flight had departed. The local controller responded that the flight should have departed but that ‘visibility was so low he couldn’t tell.’

“Review of recorded radar data indicates five radar targets identified as the accident airplane were captured, and all were over HPN airport property. The first three radar targets began about mid-point of the 6,500-foot runway and each were at 500 feet mean sea level (msl). The airport elevation was 439 feet msl. The final two targets depicted a shallow right turn and were at 600 and 700 feet msl respectively, before radar contact was lost.

The final radar target was observed about 1/2 mile from the accident site, and the final track roughly aligned with the wreckage path.”Examination of the accident site indicated that the airplane collided with trees and terrain behind a house, and in front of horse stables on residential property. Two witnesses at the stables were interviewed and their statements were consistent throughout. T

hey each stated that the weather was ‘dark, rainy, and foggy, and their attention was drawn to the airplane when it appeared out of the clouds immediately above the trees. One stated that he heard the airplane engine before he saw the airplane. The airplane was wings level when the outboard section of the left wing struck the first tree, the inboard section of the left wing struck the second tree, and then the airplane broke apart in a large cloud of blue “smoke” that smelled like ‘diesel’ fuel.”The pilot held a private pilot certificate with ratings for airplane single-engine land and instrument airplane. His most recent FAA third class medical certificate was issued on November 25, 2013 and was not valid for any class after July 31, 2014. There were restrictions that required the pilot to wear corrective lenses for distant vision and possess glasses for near vision. The pilot reported 5,100 hours of flight experience on his last medical application.

“According to FAA and maintenance records, the airplane was manufactured in 2001. According to a trip log recovered at the accident site, the airplane had accrued 1,931 total hours of flight time. The most recent annual inspection was completed June 3, 2014, at 1,927 total aircraft hours.

“At 0815, the weather reported at HPN, located 1 nautical mile north of the accident site, included an overcast ceiling at 200 feet and 1/4 mile visibility in fog. The wind was from 090 degrees at 6 knots. The temperature was 17 degrees C, the dew point was 17 degrees C, and the altimeter setting was 29.85 inches of mercury.

“Examination of the accident site revealed a strong odor of fuel and that all major components of the airplane were accounted for. No evidence of an in-flight or post-impact fire was observed on any of the airframe components. The wreckage path was oriented about a magnetic heading of 270 degrees and was approximately 360 feet in length.

The initial impact point was in a tree approximately 60 feet above the ground. Other trees were struck before the initial ground scar, which was about 205 feet beyond the first tree strike. One tree, about 24 inches in diameter, had a 10-foot length of trunk sectioned and carried 50 feet down the wreckage path. Several pieces of angularly-cut wood were found along the length of the debris field.”The report noted that an engine data acquisition unit and a tablet computer were recovered from the accident site and sent to the NTSB recorders laboratory for subsequent examination.

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Gedney Association: City Met In Secret with Common Council to Discuss Findings Statement. Disputes FASNY CLAIM OF “VICTORY”

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WPCNR WHITE PLAINS LAW JOURNAL. From the Gedney Association. June 19.2014:

The Gedney Association amplified its public statement by its President Terrence Guerriere Thursday, claiming for the first time the city administration exerted its influence on the Common Council on the implications of its Findings Statement on the Environmental Review of the French American School of New York plan to consolidate their three schools on the former Ridgeway Country Club.

The release alleges:  “The City admitted that they tried to circumvent the Open Meetings Law by having Council members meet with the City’s attorney behind closed doors to discuss the FASNY Environmental Finding and as a result the Court required the City to answer those secrecy claims asserted by the Gedney Association”

The complete statement reads:

The Gedney Association announced it was pleased the Supreme Court Decision of June 16, 2014 did not dismiss the Gedney Association Lawsuit—–contrary to the statements of FASNY. 

This Decision permits litigation against the City of White Plains to continue. The lawsuit stated various claims regarding the City’s review of the French American School of New York’s (FASNY) application to build a large regional school complex in the middle of the low-density Gedney Farms residential neighborhood. 

The Gedney Association asserted that the City violated requirements of the State Environmental Review Act (SEQRA) as well as the Open Meetings Law (OML) and other City rules and procedures in its review of the FASNY application. Speaking of the Supreme Court’s Decision Terence Guerriere, President of the Association noted

“We are pleased that the Court did not dismiss on the merits any of our claims regarding the ‘Environmental Findings’ of the Common Council, but only found that some were not ‘ripe’ for determination at this time—but these same claims will be ripe for determination when the Special Permit and Site Plan are decided.” 

President Guerriere also remarked that the Court rejected FASNY’s and the City’s assertion that the Gedney Association and Members did not have “standing” to sue.  Significantly, the Court did not dismiss the Open Meetings Law claim against the Common Council.

Gedney Association Attorney Dennis Lynch, of FEERICK LYNCH MACARTNEY, remarked “The City admitted that they tried to circumvent the Open Meetings Law by having Council members meet with the City’s attorney behind closed doors to discuss the FASNY Environmental Finding and as a result the Court required the City to answer those secrecy claims asserted by the Gedney Association”.

President. Guerriere remained confident all claims will be later decided in the residents’ favor noting, “The City’s violations of law made the environmental review process so defective that the Gedney Association and others were compelled to file this lawsuit”.  

 

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Republican Party Officially Introduces Guerriere as Their Candidate for Common Council Special Election

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WPCNR CAMPAIGN 2014. Special to WPCNR from the White Plains Republican Party. June 18, 2014 (EDITED):

As first reported by WPCNR Tuesday, the White Plains Republican Party  announced today that their candidate to run in the special election to serve the remainder of the unexpired term of Benjamin Boykin for the White Plains Common Council in November is Terence Guerriere.

Brian Maloney, Chairman of the White Plains Republican Party, heralded Terence’s qualifications and the need for a fresh voice on the Council:

“Terence Guerriere is a dedicated White Plains advocate, a community leader and a professional with an impressive resume and a proven record of meeting challenging issues.  We are excited to show the people of White Plains that there indeed is a strong voice for this great City’s hard working families and neighborhoods, that are presently being ignored.”

Mr. Guerriere, a Senior Vice President at Madison Commercial Real Estate Services, is a leader who has displayed keen insight in resolving complicated issues and has demonstrated a willingness to compromise and finding common ground in the most complex litigation. He is an experienced attorney and corporate executive.

Mr. Guerriere, in addition to the aforementioned experience, gained expertise as an attorney in private practice with McCarthy Fingar, LLP, was co-founder and General Counsel of Electronic Land Services. Inc. and a Managing Counsel for the National/Commercial Office of Old Republic National Title Insurance Company.

Guerriere is a graduate of Archbishop Stepinac High School, Williams College and earned his Juris Doctor from St. John’s University School of Law. Prior to his law career, Mr. Guerriere clerked for the Surrogate Court Judge of Nassau County, New York.

His previous career as a private school educator and administrator afforded Mr. Guerriere the skills to be an effective lecturer and coalition leader, and has spoken on the topics of legal ethics and complex issues of law and community planning.

Active in the  White Plains community, he has served on the White Plains Planning and Zoning Boards, including serving as Chairman, and currently is President of the Gedney Association, a local family advocacy and service organization. Mr. Guerriere is a co-founder of the Archbishop Stepinac High School Foundation.

 

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