THE WORLD READS WHITE PLAINS CITIZENETREPORTER — 8,324,077 VISITS IN ONE YEAR | 2,905,611 VISITORS VISIT 8,324,077 TIMES 3 TIMES EVERY DAY IN ONE YEAR. HIGHEST ACTIVITY IN WPCNR HISTORY.White PlainsCitizeNetReporter lifted its worldwide visits from unique visitors to wpcnr.com to 8,324,077,a 1,306,419 increase in visits in one year from 7,017,658 visits to the site last year which covers White Plains and Westchester County. The 8,324,077 visits were made by 2,005,611 unique visitors who visited wpcnr an average of 3 visits a day. ON JULY 20- -2026 visitors have accessed wpcnr and made 3,072 visits an average of 1.6 visits. In the last week 33,495 individual vistors made 54,458 visits, averaging 1.6 visits. In the last month, 152,940 visitors recorded 229,338 visits (1.5 visits)

ATTORNEY FOR GEDNEY ASSOCIATION WITHDRAWS AS PARTY PLAINTIFF/APPELLANT OVER “MOOT ISSUE” CREATED BY FASNY SALE OF RIDGEWAY COUNTRY CLUB PROPERTY

Posted on December 8, 2021 by John Bailey

WPCNR WHITE PLAINS LAW JOURNAL. Statement to WPCNR. December 8, 2021:

As WPCNR reported yesterday, the plaintiffs in the Gedney Association vs. French American School of New York and the City of White Plains are stymied

The surprise sale by the French American School of New York of the entire Rigeway Country Club property which the court was not told about prior to the November 28 news release to the media announcing the sale has created a dilemma.

The “Environmental Issue,” one of the two appeals the Association made two years ago that is currently being held for scheduling of argument in the Appellate Court of Brooklyn is stymied as to how to proceed on the remaining issue of the appeal: of the moratorium on institutional use attached to the property since 1925.

Today, Dan Seidel, the architect of the papers presenting the moot “Environmental Issue” brief that the Appellate Division agreed to hear (with the “institutional” issue), announced today he was withdrawing as plaintiff/appellant.

He has issued the following statement to WPCNR explaining his action :

“Update: the plaintiffs’ fighting the “institutional use” holding of Judge Lefkowitz have a dilemma.

As I no longer live in the area, and the SEQRA environmental issues have been resolved by the sale to a housing developer, who promises luxury houses I have no remedy that can be granted from the Appellate Court.

My damages claimed (in the appeal) included no monetary relief, but a mere “re-do” of the environmental issues.

I shall therefore withdraw as a party plaintiff/appellant, not as attorney.

My issue is now moot.

The School never got built and is now gone.

The Appellate Court Rules state that when an issue is moot, the Court SHALL be notified immediately and the process will be affected.

I will withdraw as an appellant as I no longer live in the area and the issue I was contesting is moot. Failure to do so can result in significant monetary sanctions to ME (wasting the court’s time with an issue that has been resolved) and I can be disciplined on my permanent record.

John Sheehan and Gedney still have standing in the SEQRA issue and it will be their choice to go forward or not on those issues.

The deed restriction issue can be argued and also, any new developer will have to go thru SEQRA again and the plaintiff’s in that action and others can still contest the Zoning/definition issue – hence the need to submit the paperwork for a decision.

Oral argument doesn’t have to be had – we can all “submit”.

I will advise the Court, as attorney, the other plaintiffs still wish to proceed so far, but I will no longer be a party plaintiff/appellant.

Because of Judge Lefkowitz’s bizarre and wrongful opinion on the “institutional use” definition, the other plaintiiffs/appellants will still proceed.

Too, because the two actions were wrongfully “joined” for a single trial, the Gedney SEQRA part may still have to be submitted for a decision (because of the Lefkowitz errors), just without my name as a party plaintiff/Appellant.

This is still being discussed. Should any new builder/owner wish to build an institution on the FASNY Property (ALL STILL zoned R1:30,000 ONLY) that issue can be contested anew or the deed restriction issues can be appealed this go round on a “framed issue” basis.”

FIRST OMICRON COVID VARIENT VICTIM IN WESTCHESTER IS A 13 YEAR OLD. “STATE OF EMERGENCY” IS DECLARED IN COUNTY WITH A WATCH ON HOSPITALIZATIONS (84) GOING UP. WHITE PLAINS HOSPITAL NOT OVERRUN WITH COVID CASES, CEO SAYS, WILL NOT LIMIT ELECTIVE SURGERIES. NASSAU, SUFFOLK COUNTY HAVE 1,791 NEW INFECTIONS SUNDAY, 1,580 SATURDAY,2,038 FRIDAY.

Posted on December 8, 2021 by John Bailey

WPCNR CORONAVIRUS UPDATE. By John F. Bailey. December 7, 2021:

The day after County Executive George Latimer’s Covid Monday news conference, the county learned of the first overly contagious Omicron Covid Varient case, a 13 year old boy. The County Executive issued this statement Tuesday at 5:30 PM:

“Earlier this afternoon we were informed that there is a confirmed case of the COVID-19 Omicron variant in Westchester County. The positive case is in a 13-year-old Westchester County resident. We are concerned about this discovery, and are closely monitoring the situation. With the new variant circulating, the best way we can protect our families and ourselves is by being vaccinated, and by getting a booster shot if you are eligible.

“Additionally, I have officially signed the State of Emergency Executive Order for Westchester County. I am taking this action to combat the Delta and Omicron COVID variants. There is currently a public health threat, I know it has been many months, I know you are tired but we – together – must take action to be better prepared to fight COVID and the new variants.”

In his news conference on Covid Monday the County Executive stated his administration was preparing a 5-step plan which would be implemented when key indicators of covid infections and hospitalizations were reached. He did not apply and new requirements for Westchester County. He said that 84 new hospitalizations were reported in Westchester, up from 52 a week ago, a 61% increase in hospitalizations. He presented this chart :

The County Executive said that the county was formulating a Five Step plan of actions to take if hospitalizations continued to rise. The first step pictured above is triggered by rising to 100 hospitalizations. He said the next steps would involve restrictions. Tuesday morning on WVOX Radio ‘s Dennis and Tonny’s Good Morning Westchester, he said that with hospitalizations “rising towards 100, the county is declaring a state of emergency.”

He stressed in his covid briefing the county was “nowhere near” the infections of previous weeks, and noted the low death rates over the last year, shown below as evidence the county was not in serious danger of overburdening county hospitals. He said the 93% vaccinated population with at least one shot was definitely a factor in reducing hospitalizations saying that 57% of hospitalized patients were unvaccinated, and the rest were either presumed unvaccinated, or had preexisting health conditions.

Susan Fox, President, CEO of White Plains Hospital appeared at the invitation of the County Executive to address the Governor’s suggestion for hospitals to not accept elective surgeries.

She said that the hospital realizes it has to maintain a balance between being ready for Covid patients and serving the needs of the public. She said her staff is burned out from treating covid, but presently, only 15 patients are being treated for Covid at White Plains Hospital and only 1 is in the ICU unit. She gave the impression the hospital was not at the point where they would cancel elective surgeries which Governor Kathy Hochul suggested last week.

The County Executive answering a question by John Gordon of News 12 in the news conference about reopening the County Center as a vaccination center (it has been closed for vaccinations since November 14), said he was looking at that but did not give a reason why.

Mr. Latimer had a lot of issues he wanted to stress, which meant he had no time all the statistics that would indicate how good the public response is to the need to be vaccinated.

The County Executive did not give a count of how the vaccination shot administrations were going since the Westchester Medical Center took over that responsibility for the region. We were not told whether vaccinations were up in frequency or down as he used to do when the County Center, the Yonkers Armory and the Health Department on Court Street in White Plains were punching out shots to long lines in August. Pharmacy shot totals were not addressed. School vaccinations response trends were not given in detail.

When WPCNR asked the County Department of Communications for the figures on Westchester Medical Center vaccinations for children under 12, and those adultsnover 18, they recommended WPCNR go to the Westchester Medical Center press office.

WPCNR awaits a call back from Andrew LaGuardia, media spokesperson for Westchester Medical Center for an explanation of number of first shots, second shots and boosters administered and volume of children under 12 getting shots since November 14 when the Westchester Medical Center took over administering shots in the county. Such figures would provide a better picture of the public response to the county urging they get their vaccinations over the last two monthsl

WPCNR also asked Mr. LaGuardia if Westchester Medical Center was already taking in overflows of patients from surrounding counties in the the Mid-Hudson region where there are not as many hospitals as Westchester. Infections have been racing up the last two weeks in Orange County, Rockland County, Ulster County and Dutchess.

The climb in the MidHudson region continued Sunday and Long Island shows no signs of stopping and no detailed hospitalization numbers have been issued by the state.

On Sunday, December 5 the New York State Covid Tracker showed Westchester County infections leading the Mid-Hudson region with 280 unfortunate new positives testing with covid of 6,401 tested, 4.4%. Orange County had 152, Dutchess, 106, Rockland 96, Ulster, 52, Putnam 36. Sullivan,28.

Nassau and Suffolk county positives continue to astound.

On Sunday, Nassau produced 759 positives, a 6.6% infection rate on 11,422 tested. Suffolk found 932 positives of 12,383, 7.5%. No figures given for Nassau and Suffolk hospitalizations.

The MidHudson Region of 7 counties and Nassau and Suffolk counties totaled 2,441 new infections Sunday. The New York City five boroughs has 2,159. Sunday marked the 20th day in the last 25 days that the 9 suburban counties had more new persons coming down with covid than all of New York City.

Beware.

At the conclusion of the news conference Monday, Mr. Latimer admonished the audience with these words about getting vaccinated:

“Get it!”

He said at the conclusion of the press queries that he expected covid is going to be with us forever and that people needed to rise to the occasion and live with covid by being thoughtful (of others), practicing self-discipline, and perseverance.

FARRELL BUILDING COMPANY HAS CLOSED SALE PURCHASING RIDGEWAY COUNTRY CLUB. ARGUMENTS OF GEDNEY APPEAL STILL BEING SCHEDULED

Posted on December 7, 2021 by John Bailey

WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. December 7, 2021:

Three sources familiar with the status of the French American School of New York sale of the Ridgeway Country Property in White Plains have confirmed closing of the property, including the City of White Plains and Farrell Building Company. Papers confirming it have been submitted to the County Clerk WPCNR was told.

Farrell Building Company has closed the sale of the land with the school. Closing means the school has received payment on the property, reportedly $16.5 Million, but that is not ben confirmed directly.

This does not mean the Gedney Association appeal asking the original plans for the property be stopped. To refresh your memory, the first issue Gedney Association appealed was the original school proposal failed to adhere to the covenant of denying use for institutions. The issue of the appeal was alleged Common Council failure to execute a thorough SEQRA environmental review.

At issue now is whether to proceed with both segments of the appeal, or just one.This came about because–

When the sale was announced one week ago via news release, it was assumed this made the present appeal case “moot” which is defined “as having little or no practical relevance, typically because the subject is too uncertain to allow a decision:”

The original appeal filed on the part of the Gedney Association, consisted of two separate legal arguments.

In the decision that approved the now defunct school institution project, Judge Joan Lefkowitz of New York State Supreme Court combined the two appeals into one decision.

The quandary over scheduling the showdown in the Appellate Court (which has not been decided by the Appellate Court) is to drop either the environmental suit.

The attorney who wrote the Environmental brief, Dan Seidel, feels that appeal is now “moot” (since the land has been sold on which the original environmental statement no matter how complete or incomplete it was), or proceed with both appeals

The suspense goes on.

80 YEARS AGO: JAPAN ATTACKED PEARL HARBOR

Posted on December 7, 2021 by John Bailey

Out of the Sun

The Arizona engulfed, December 7, 1941 Pearl Harbor

Out of the sun they came

Birds of death blazened with red suns raining fiery havoc on Battleship Row.

One by one, ruthless planes dove, destroyed to their nation’s shame.

Thunderous explosions scattered fiery death on Sunday dawn’s glow.

Flames belched from hull of stricken Arizona, America’s pride,

Hicham Field pilots raced to planes to defend

Their birds crippled on ground by Zeros’ glide

Gunners in turrets on ships floundering filled skies with flack’s din.

In search of carriers, marauders could not find

Ruthlessly strafed and bombed leaving Pearl

In smoking ruin. Ships sunk, burning as raiders flew back into dawn’s Sun

The day of infamy had been ignited in the Zeros’ swirl.

The Attack Begins 8 AM December 7, 1941

As America listened a world away, somber FDR

Spoke of this day that will live in infamy.

America must never forget its Pearl Harbor Scar

When an unsuspecting America slept in complacency.

To the 2,403 perishing that day under merciless bombs

Hails of bullets, terror of torpedos out of nowhere

America must remember forces against our freedoms

Relentlessly work always to surprise with deadly bombs’ glare.

Vigilence is the price of freedom always to be defended

By dark forces in far off places we have offended.

Against those who would destroy our republic from within

The answer is not curtailing freedom at home rather it to champion.

The USS Arizona lies in Pearl’s waters, bleeding the lives

Of her men through the eerie eternal slick marking the rusting hulk.

Beneath Pearl’s waters, the blood of free people oozes from the shadowy bulk,

Bleeding forever, freedom’s spirit living forever in lost lives remembered.

She never rests.

Note: The Pearl Harbor attack started 80 years ago today 2 PM Eastern Standard Time. The aftermath is dramatically depicted at http://www.history.navy.mil/photos/events/wwii-pac/pearlhbr/pearlhbr.htm