Westchester Guardian October 28, 2010 Edition


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Westchester Guardian October 28, 2010 Edition

  1. 1. PRESORTED STANDARD PERMIT #3036 WHITE PLAINS NY Westchester’s Most Influential Weekly Vol. IV NO XLXXV Thursday, October 28, 2010 www.westchesterguardian.com The Hezitorial: Political Heat Wave By Hezi Aris... Page 2; HalloweenTech; A Fantasy Tale By Gail Farrelly... Page 6; Police Presence in Downtown New Rochelle is “Crucial” By Peggy Godfrey... Page 8; A Tribute to Veterans By Col.Arthur DeRuve... Page 8; Foodchester: Orfino’s - Fine Gold found in Briacliff Manor By Hezi Aris... Page 12; Monroe College Explore How Hispanics Embrace Social Network Tools By Rob Seitz... Page 12; Taking on Student Stress, the Education System, and “Teaching to the Test”... Page 14; The Public Service Commission, United Water of New Rochelle, and the Village of Bronxville By May C. Marvin... Page 16; The Revitalization of Larchmont By Bary Alyssa Johnson... Page 17; Nuremberg Indictment Day By Prof. John Q. Barrett... Page 18; 20 Seconds By Nancy King... Page 19; Ed Koch Movie Reviews: “Mao’s Last Dancer” and “Inside Job”... Page 24; The Sounds of Blue: Santana-Guitar Heaven By Bob Putignano... Page 27; Ed Koch Commentary: Canada Appears More Protective of Its Children By Edward I. Koch... Page 28; Than Is the U.S. New York Civic: A New Low By Henry J. Stern... Page 29; Weir Only Human: Don’t Tug on Superman’s Cape By Bob Weir... Page 30; Statement By Senator Andrea Stewart-Cousins... Coup Attempt to Depose Yonkers Conservative Committee Falters By Hezi Aris... Page 31; Air Force Association commences Cybersecurity Competition By Bary Alyssa Johnson... Page 33; Republican Candidate for Attorney General Don Donovan; How Does He Measure Up By Jeffrey Deskovic... Page 34’; Legal Notices... Page 36 20 Seconds
  2. 2. Page 2 The Westchester Guardian THURSDAY, October 28, 2010 www.westchesterguardian.com Westchester’s Most Influential Weekly Guardian News Corp. P.O. Box 8 New Rochelle, New York 10801 Sam Zherka , Publisher & President publisher@westchesterguardian.com Hezi Aris, Editor-in-Chief & Vice President whyteditor@gmail.com News & Editorial: (914) 632-2540 Advertising & Photos: (914) 576-1481 Fax: (914) 633-0806 Published online every Monday Print edition distributed Tuesday, Wednesday & Thursday Of Significance Hezitorial...................................................................................2 Books.........................................................................................6 Community...............................................................................8 Country....................................................................................10 Cuisine.....................................................................................12 Education................................................................................14 Government............................................................................16 History.....................................................................................18 Investigations...........................................................................19 Judges.......................................................................................21 Movie Review..........................................................................24 Music.......................................................................................27 OpEd.......................................................................................28 Politics......................................................................................31 Technology..............................................................................33 Truth and Justice.....................................................................34 Legal Notices...........................................................................36 The Hezitorial By Hezi Aris Yonkers did not need to await a financial crisis for a rhetorical fog to descend upon the City of Hills. We were doing just fine thank you, concealing our underlying economic and social deficiencies. Only until a few weeks ago, City Hall was succeeding.Today, cracks in their forced optimism based upon allegedly false financial statements are beginning to show. When New York State found itself buried under a $9 billion deficit, Yonkers Mayor Amicone extolled the city’s unsubstantiated economic strengths and managed to disarm the city their rationality of thought and the yet to be seen,fiscal ledgers to prove otherwise. The political pessimism about us has short- ened the timeline for everyone, especially that of term-limited Mayor Phil Amicone. His plot to stepdowncannottakeplacepriortoElectionDay, but the walls to his ivory tower are being scaled by the recent First Amendment Rights he so arro- gantly breached. He is personally liable to pay $8 million dollars for that arrogant maneuver which maligned the United States Constitution. In unleashing his anger at The Westchester Guardian Phil Amicone as expressed by a recent New York Times editorial advised he had “lost.” He did not contemplate one moment before spending over $1 million in taxpayer money to defend his unconscionable act of directing City workers to steal newspaper distribution boxes from which one could pick-up a copy of the free weekly. He did not comprehend, as many even in the legal profession have yet to comprehend that the living, breathing United States Constitution, infused by the decorum of the present political climate, demands Mayor Amicone’s culpability because he stepped beyond the parameters permitted even the Mayor of Yonkers. Upon reflection, present Yonkers City Councilwoman Joan Gronowski, similarly robbed of her rights years ago on similar circumstances was chewed up and spat out in an effort to destroy her political freedoms. It was a different time. The suffering is the same then, as it is now. The difference is Ms Gronowski’s lack of financial prowess then,as opposed to Publisher Sam Zherka’s largesse today. They are both in the right, yet one has born the scars of being dismissed while the other bears the scars by which his victory is proclaimed. In both situations, the silence among our residents, for fear of retribution, should give not one of us solace.Not then,nor now.Can we find even a few righteous among us to haul the arrogant mayor from power.Upon reflection,the Yonkers Charter Revision Commission would have been better tackling how to dismiss a wayward, belligerent mayor out of office rather than to submit to his plot to have another arrogant, maniacal, char- acter succeed him; reference is made of appointed Yonkers Deputy Mayor William “Bill”Regan. Will Yonkersites have become righteous over the recent debacles that plague us, or is the threat of having to indemnify the mayor $8 million in personal loss, which translates to a 6 percent tax increase and even more future debt service be the catalyst to set us on the path toward righteous- ness?While the mayor sweats out his diminishing prospects, the city sits in hope that this problem soon goes away. It will be interesting to witness the vote of those on the Yonkers City Council who would dare to indemnify the mayor for the $8 million personal liability. Mayor Amicone’s legacy has produced nothing but promises. There are no recurring revenues; there are only accelerating, accumu- lating debts, and no physical imprint of any kind to connote progress under any definition which exists today,or may be surmised into the future. The cost of daylighting the Nepperhan River has already been received. Where is the money? Last week, Mayor Amicone asked the Yonkers City Council to approve a Capital Improvement Plan (CIP) budget in excess of $90 million. Almost $14 million of that is targeted for the already paid for daylighting project. FACT: Yonkers has received in total $34 million toward the daylighting effort. Will the Yonkers City Councilbebeseechedathirdtimebeforethe(not) shovel ready project gets underway? The project is a daydream... It is not going anywhere. Instead. the $90 million CIP request is a last ditch effort to take money which upon receipt often evaporates from any fiscal tracking system. It’s like magic. Poof,and it’s gone.One must wonder where. With approximately 14 months to go before MayorAmicone’stermisofficiallyup,isitprudent to permit his failed administration to administer an additional $90 plus million? I say,“No!”Mayor Amicone has proved himself ill-equipped to grapple with the complexity of the fiscal crisis that besets Yonkers and his lack of a “plan”to side-step the illiquid prospects of the SFC Yonkers Project espoused in word but not deed for the downtown redevelopment effort.. The alleged theft of property which has become the focal point about which SFC Yonkers is to be built is deficient in its construction by the failure of not having clear Title to the property. A suit will challenge the City of Yonkers and Continued on page 4 Political HeatWave
  3. 3. Page 3The Westchester Guardian THURSDAY, October 28, 2010
  4. 4. Page 4 The Westchester Guardian THURSDAY, October 28, 2010 Direct Hard Money Lender T. 914.632.1243 • Mon.-Fri. 10AM-6PM 14% Interest 1 Year Bridge Loans $20,000-$1 Million Secured by Real Estate Immediate Answer Closing in 7 Days Call G. Morales 914.632.1243 COMMERCIAL MORTGAGES FOR NOTE PURCHASES John P. Pollis, II President, 1986 – present e-mail jpollis@johnpollisrealty.com JOHN P. POLLIS, II REALTY CORP. New to market 1st mortgages for purchases of commercial notes, 7.5% interest, 50% of note price, 30 day closing. Also, apartment buildings, com- mercial strip malls and offices- financing 4.25% to 5.25%, 30 day closing. COMMERCIAL MORTGAGE BROKERS Commercial Mortgages for Note Purchases. Call John P. Pollis today at: 917.559.4470 Tel. (212) 873-9380 • Fax (845) 876-2050 38 West 75th Street, Suite BR, New York, NY 10023 Continued from page 2 specifically Mayor Amicone and Yonkers Corporation Counsel their deflinquency in acquiring legal Title to the property for which the Yonkers IDA, with Mayor Amicone as its chair,induced the Greystone Foundation with $8 million in taxpayer funds to build a parking lot upon land they have no right to do anything. Will New York State be next to file suit against Mayor Amicone? It is New York State taxpayer funds that are at issue here.Will Yonkersites have to indemnify the City of Yonkers against the State of New York because of the allegedly illegal conducted forced upon Yonkers by this administration? Is anyone watching? Has Inspector General Dan Schorr caught on yet? If not yet, when will he catch on? The Father Pat Carole Greene Development is still a thorn in this writer’s side.When will a lawsuit be brought before the courts to remedy that debacle; another situation that took place under the aegis of Yonkers Mayor Amicone. Again, a devel- opment project, using taxpayer funds, and allegedly doing less than promised. Who turned a blind eye on that development and why? we will soon find out. Does the Yonkers City Council intend to bail out the failed and bankrupt Yonkers Parking Authoity whose chair is Yonkers Deputy Mayor Bill Regan within the hidden guise of the CIP bond for over $90 million that once approved will not permit trans- parency as to how and where the funds are disbursed? Can our elected officials be trusted todotherightthing?Again,Isay,“No!” Collectively, they have proven them- selves incompetent, arrogant, brazen, and self-involved. If they were only benevolent, we could and would overlook their short- comings.Alas,they are not. City Hall, specifically Phil Amicone and Bill Regan, respectively as Mayor and Deputy Mayor of Yonkers, have gone beyond the powers granted them their respective offices. Under their watch, the Yonkers Parking Authority has been bank- rupted. Under their authority the First Amendment Rights granted by the United States Constitution have been trashed. Under their watch funds for daylighting the Nepperhan River have yet to be divulged and are allegedly lost, stolen, or morphed beyond original purpose or scrutiny. Under their watch the Yonkers IDA has afforded a developer who does not own Title to property they wish to develop an $8 million inducement to do just that. Under their watch, the financial debacle that must be uncovered by the Yonkers Inspector General is suspect. We will give him the time to clear his name with the truth by his findings of the financial books of the Board of Education and specifically the Yonkers Federation of Teachers Welfare Fund to which $4 million is added to the funded annually.We will watch over his every word. We will prove every falsehood.We have the facts.It is his turn now.We will have the last word. The name of Yonkers Public School Superintendent Bernard Pierorazio among others will lose much in the telling of the facts. Yonkers will be fighting in courts for years to come, not because of the telling by the acid-tongued bloggers but rather by the conduct of those who speak in our name yet wieldthepowerwehavebestowedthemthe ability to harm us. There have been no beneficial effects of their failure. Our educational system is in shambles. Retribution is exacted at Mayor Amicone’s every whim. More clever leaders might have kept Yonkers from the troubles to which it contends today. Shame on them all for parking such a sorry legacy upon the City of Hills. Yonkers will not easily extract herself from the mess they have created. It would be sweet justice indeed for Mayor Amicone to depart Yonkers City Hall shamed by his lack of ability, lack of forethought, and penniless to boot.Why? Because that is the legacy he has bequeathed Yonkers. Is there anyone who believes he is deserving even the dirt under our collective nails? I don’t. Personally, I prefer knowing where Sassy may be found. I have her $20; and $20 more. While I search for Sassy, ask yourselves why Mayor Amicone has been involved in controlling the Conservative Party in Yonkers rather than focusing on the needs ofYonkersites.MayorAmicone,inconjunc- tion with County Executive Rob Astorino each languish behind their promises to their respective constituents. When it comes for themtodelivertoThePeople,theyeachhave reacted more slowly to our concerns than a burp after a bad meal. Alka Selter,please. Political Heat Wave
  5. 5. Page 5The Westchester Guardian THURSDAY, October 28, 2010 LEGAL EXPERIENCE Arbitrator; NYS Attorney-Client Fee Dispute Resolution Program City of Mount Vernon Small Claims Court Arbitrator. Mock Trial Judge,Westchester County Bar Association Outreach Program Moot Court Judge, Quinnipiac University School of Law PROFESSIONAL EXPERIENCE Attorney at Law Martino & Weiss Mount Vernon, New York Counsel to City of Mount Vernon Corporation Counsel, defending Mt. Vernon, its Mayor, employees and the Mount Vernon Police Department in civil rights and negligence actions in State and Federal District Court. Defense of individuals charged with felonies and misdemeanors throughout Westchester, Bronx and New York City counties and on appeal to the Appellate Division, Second Department. Representation of clients in Domestic Relations matters in Supreme and Family Court, including contested divorces, custody/visitation, domestic violence, and support litigation. Assistant District Attorney,Westchester Country District Attorney’s Office Prosecuted defendants from arrest to sentencing, in County and Local Courts, including Grand Jury presentations, motions, appeal, and Jury and Non-Jurytrials. PUBLICATIONS Quinipiac University School of Law, Law Review: Globe Newspapers v, Superior Court, Free Press and the Right of Trial Access,Vol 4, page 189 ASSOCIATIONS Pace UniversityWomen’s Justice Center;representing indigent women in Supreme and Family Court President 1996 – 1998, Mount Vernon Bar Association North Castle Republican Committee, District Leader 2007 – Present Board of Directors, Lion’s Club of Armonk PUBLICATIONS Law Review: Globe Newspaper Co. v Superior Court: Fortifying the Right of Trial Access: University of Bridgeport,Vol. 4 Pg. 359. EDUCATION Quinnipiac University School of Law, JD, Graduated in top 3% Law Review, 1982 – 1984; Notes and Comments Editor, 1983 – 1984 American Jurisprudence Awards in Family Law, Remedies, and Real Estate BAR ADMISSIONS New York, Connecticut, and United States District Court, Southern District “Doug has an impressive legal mind and perspective we need on the County Court. I urge all of my Democrat friends to “cross over” and vote for Doug Martino for Westchester County Court Judge” Ernest D. Davis, Former Mayor of The City of Mount Vernon Doug Martino UNMATCHED EXPERIENCE Vote November 2 Endorsed by Republican and Independent Parties F O R C O U N T Y C O U R T J U D G E
  6. 6. Page 6 The Westchester Guardian THURSDAY, October 28, 2010 Samuel L. Rivers - President Licensed Real Estate Broker t. 914 760 8136 e. samuelrivers@gmail.com 30 Rockledge Avenue | Mount Vernon | New York | 10550 Commercial | Investment | REO Properties | Direct Hard Money Lender BOOKS It’s Halloween morning. You’re curled up in bed reading your new Kindle. It’s light as a feather and holds tons of books. Ah, the new technology. Isn’t it wonderful? You get up and head to the kitchen for a glass of orange juice. Eek! There is none. Thank good- ness you invested in a “smart” refrigerator, programmed to auto- matically inventory and re-order some basic items. You go to the refriger- ated delivery box right outside your door and open the combination lock. Eureka! As promised, the refrigerator IS smart. A half-gallon of juice awaits you, having been delivered by the 24/7 gremlins who accept and obey the commands of your refrigerator. Three cheers for the new technology! Laterinthedayyou’reoutforajogand stop at a machine to buy a bottle of water. You deposit $1.50, but nothing happens. You wipe the sweat off your sunglasses and read the message flashing on the machine: “Warm weather surcharge in effect, since temperature is above 70 degrees. Please deposit an additional 50 cents.” Yikes! A smart refrigerator in your home is one thing. But a smart drink machine in the park? A machine that takes advantage of high temperatures and exhausted joggers? Forget about it. You have no more change and return home thirsty. What has tech- nology wrought? At dinnertime, you push the “scan and suggest” button on your refrigerator. Within a minute you receive a printout providing three Martha Stewart recipes based on the inventory of the fresh food contents of your refrigerator. Let’s see, you could whip up chicken in wine sauce, spinach lasagna, or a broccoli and cheese omelet.You consider each one in turn and picture all the pots and pans involved. You give a thumbs down to all three. You do have a smart dishwasher, but it’s not smart enough to do the entire clean up on its own, and Martha won’t be stopping by to help. She’s done the before-the-meal work, but afterwards you’ll be on your own. Time for Plan B. You stick your head in the freezer and do a manual scan. You find a frozen pizza and put it in the oven. Who needs the new technology? You finish your pizza and then pick up the mail. Bad news. Your car rental company, doing nationwide monitoring from its office in Snoopville, has caught you going more than ten miles above the speed limit on three separate occa- sions. Uh oh. Big Brother is watching. You didn’t know that the company had the technology and the nerve to do that. A “fine” of $150 has been charged to your credit card. Is this legal? But talk about a dilemma. How can you ask a law enforcement official whether it’s legal for someone to “catch” you speeding? Boy, you hate this new technology. Then the doorbell rings.You open the door to a cast of usual suspects. A witch, a ghost, a ballet dancer, a king, a pirate, a princess, a Miss Piggy, and a Kermit form a chorus:“Trick or Treat.”Their eyes light up when you hand over candy corn and dollar bills. You wish each other Happy Halloween. You close the door and smile. Hmm. Maybe this brave new world isn’t so bad after all. Or so new. GailFarrelly(www.FarrellySistersOnline. com) writes mystery novels and short stories as well as Op-Eds. She also publishes satire pieces (Gail Farrelly’s satire and parody stories) on TheSpoof.com, a British website.  Her latest mystery novel is Creamed at Commencement:  A Graduation Mystery.  The first chapter is available on her website. Gail is working on a fourth mystery, The Virtual Heiress. HalloweenTech:A FantasyTaleBy Gail Farrelly
  7. 7. Page 7The Westchester Guardian THURSDAY, October 28, 2010 “The Judge whose support crosses party lines” Endorsed and Nominated by Democratic, Republican, Conservative, and Independence parties Received the endorsement of several law enforcement organizations, and labor union organizations Considered “well qualified” by several county wide bar associations Election Day Tuesday, November 2ND Rows A, B, C or D Murph� J. EmmettJ. Emmett RE-ELECT SUPREME COURT JUSTICE
  8. 8. Page 8 The Westchester Guardian THURSDAY, October 28, 2010 COMMUNITY THE SIXTH (NOT SO) ANNUAL YYYOOONNNKKKEEERRRSSS PPPOOOLLLIIICCCEEE VS. YYYOOONNNKKKEEERRRSSS FFFIIIRRREEEFFFIIIGGGHHHTTTEEERRRSSS CHARITY TOUGHMAN COMPETITION FRIDAY, NOVEMBER 5, 2010 @ 7:00PM YONKERS P.AL. 127 NORTH BROADWAY, YONKERS NY $20 PER TICKET TICKETS ON SALE NOVEMBER 1 THRU NOVEMBER 4 AT THE YONKERS P.A.L. 9AM TO 6PM ALL PROCEEDS TO GO TO THE FOLLOWING CHARITIES PATRICK JOYCE MEMORIAL FUND-RONALD MCDONALD HOUSE HOMES FOR HEROES FOR FURTHER INFO AND DIRECTIONS GO TO WWW.YONKERSPBA.COM OR CALL YONKERS PBA 377-7938* LOCAL 628 377-7527 *YONKERS CLSA 377-7370 Jim Killoran, Executive Director of Habitat for Humanity, has been meeting with the SoNo New Rochelle business group and has collected over l,000 signatures on petitions requesting apolicestation,andwalkingpoliceindown- town. However, the New Rochelle City Council continues to consider large scale developments for this same downtown area. (Killoran’s petition drive was initiated as a response to a recent murder in that area.) On October 12 Killoran had another meeting with the SoNo New Rochelle group of businesses, He stated the “last thing he wants is for anyone to get hurt,” and said he wanted to work with the three colleges in the city. Lou Cohen, of I.B. Cohen, poignantly added, “If it wasn’t for Jim, we would have had many more killed,” referring to a group of 80 or 90 youth that came from New Rochelle High School down Main Street, and “not one” police officer saw them. Forty years ago City Hall and the Police Station was in the downtown, but “how many times do you see them now?“Killoran continued. Mentioning two public housing projects, he emphasized, “Some of the greatest people in the future will come out of Hartley and Bracey.” If there are a few that need attention, then “watch them.” People don’t come downtown because they are fearful. He said he was going to address City Council that evening, then suggested that the Mayor and City Council should donate their salaries to this cause. Among those attending the meeting was Ron Simoncimi, Executive Director of Security for Monroe College, who felt “policing is an urban problem all around the country.” The Rev. Ray Mott of Family Christian Center on Main Street stated police presence including a visible squad car in downtown was “critical,” Meanwhile the New Rochelle City Council at their two October meetings have continued to allow developers to propose more dense projects for downtown. On October 12 according to the City’s Development Commissioner, Michael Freimuth, the Albanese Organization was selected from four applicants to present a potential “Main Street Core” project with commercial and a significant number of housing units for the Church-Division garage area, At the next Council meeting on October 19 another developer,17 Locust Avenue LLC (for an apartment project), proposed that their building would replace a parking lot on Locust Avenue pres- ently used by Monroe College. They are requesting a zoning change which would allow a far greater density than is pres- ently allowed. Council members did raise objections. For example, Councilman Barry Fertel wanted an environmental impact statement prepared, but the developer said it was “time consuming” and he did want to do it.Density,parking and the limited street access to this site were brought up as well as the IDA tax abatements sought. Will City Council members explain to the 1,000 or more residents of New Rochelle that signed petitions, and many others that did not have the opportunity to sign the petitions, how they will supply adequate city services in the downtown in the future should these developments be approved? Shouldn’t a safe and vibrant downtown be a high priority? Peggy Godfrey is a freelance writer, a commu- nity activist, and former educator. Police Presence in Downtown New Rochelle is“Critical”By Peggy Godfrey COUNTRY It is appropriate that in November (the month which includes the legally designated Veterans Day holiday) we pay special tribute to the veterans of the United States of America. We so honor our veterans because in so doing we are honoring more than just warriors or gladiators or war heroes although, certainly, some may be one or all of these.Remember,every nation in the Continued on page 10 ATribute toVeteransBy Colonel Arthur DeRuve (Retired) USAR
  9. 9. Page 9The Westchester Guardian THURSDAY, October 28, 2010 JUDGELAWRENCE ECKERSTATE SUPREME COURT JUSTICE KEEP “Highly Qualified” Unanimously Confirmed! NYS Governor’s Screening Committee NYS Senate • Proud to be endorsed and Supported by the Democratic, Independence, Conservative and Working Families Parties • Also endorsed and supported by: The Yonkers PBA, The Central Labor Council, AFL-CIO of Westchester/Putnam and the Central Hudson, NYS Supreme Court Officers Association, Westchester Hispanic Law Enforcement Association, Westchester County Affiliation of Police Assocations, Yonkers Federation of Teachers, Black Democrats of Westchester County, and Hispanic Democrats of Westchester County. 38 YEARS AS TRIAL ATTORNEY • Ecker and Ecker LLP, Yonkers, NY 22 YEARS AS JUDGE • NYS Supreme Court • Judge, Irvington, NY, • Judge, North Tarrytown LIFELONG COMMUNITY SERVICE • Westchester County Ethics Commission, Past Chair • Westchester County Criminal Justice Advisory Council • Westchester County Magistrates Association, Past President • Yonkers Lawyers Association, Past President • Columbian Lawyers Association of Westchester • Justice Brandeis Law Society, Founding Member and Vice President • NY Army National Guard
  10. 10. Page 10 The Westchester Guardian THURSDAY, October 28, 2010 845.687.4700 UNDERGLASS MFG. BOX 81 HIGH FALLS, NY 12440 Under Glass Mfg. Corp. is the exclusive manufacturer of the original Lord Burnham Greenhouses Solariums. We were established in 1989 after acquiring the Lord Burnham product line. Elegance Function “The growing environment cannot be compromised.” ugmfg@aol.com underglassusa.com Continued from page 8 world has its warriors and its war heroes; even those with totalitarian governments. In history, the worst dictators have hung medals on the chests of their war heroes. However, here in the United States of America when we honor our veterans, we are honoring much more than that. We are honoring those individuals who have main- tained,preserved and protected the greatest, freest nation in the world;the greatest freest nation in the history of the world.We must recall that until some 240 years ago not only was there no United States of America, there was no country in the world like the United States of America. There were no democracies. There were no republics. There were monarchies and dictatorships. There were emperors, czars and kings; and, when a king died, because presumably he ruled by divine right, his son became king. Hissonbecamekingevenifhewasalunatic son; and, in a number of cases that was the situation. It was our very first veterans, the veterans of the War of Independence, along with our Founding Fathers,who brought to fruition what was until then only a dream in the hearts minds of the world’s greatest thinkers. It was the idea that people could govern themselves. Such a concept was not widely accepted at the time, particularly among those in power around the world. It was our veterans who gave the great experiment an opportunity to live: that people could govern themselves, rule them selves, make their own laws, and elect their own representatives.Yet, in the first century of this nation’s life it was challenged many times. Many people thought that this form of government could not survive. It was felt that where people rule themselves there would be anarchy chaos. So, in that first hundred years we were tested by, among other events, in the War of 1812; in conflicts along the Mexican border our northern border; in sea battles on the Great Lakes;frontier battles;and,of course,by our own tragic Civil War. But on every occa- sion, in every era, in every location, veterans had protected, preserved and defended that experiment; that dream; that hope for the future. As a consequence people began to come from all over the world,all parts of the globe, to share in that hope for the future; for themselves, for their children and for their children’s children. At the end of that first century, in appreciation for what this greatest, freest nationontheplanetrepresented,theFrench government gave us a present - a hundredth birthday/anniversary present in the form of the Statue of Liberty. It was the world’s way of saying thank you to this the freest, greatest nation in the world for what hope it held for the future of all humanity. And in the base of that monument are engraved the words of Emma Lazarus - the words that expressed what we felt and what we were offering to the rest of the world in the next century to come: “Give me your tired, your poor, your huddled masses yearning to breathe free. Send these the homeless tempest tossed to me, the wretched refuse of your teaming shore.I lift my lamp beside the golden door”. This great country was announcing to the world that for the second century the door was still open, the lamp of liberty was still lit and it was available to all those who wanted to come and share in that continuing experiment dream, who wanted to share in that hope in the future or for the future for themselves, their children and their children’s children. In the second century they came no longer by the hundreds and the thousands as they did in the first century. They came in waves from every continent, every point on the globe, by the millions and tens of millions. There are few of us reading this publication who are not either a member of one of those waves or the descendents of somebody who was in one of those waves. However, that second century too was fraught with danger.This great experi- ment,this great dream,that people can rule, continue to rule,and govern themselves,and make their own laws, and elect their own officials was challenged many time. Before the turn of the 20th Century, after the explosion of the Battleship Maine, we fought in Cuba and in the Philippines. After the turn of the century we fought the war to end all wars which, of course, it didn’t. Within twenty five years we were fighting the greater war in which over 50 million lives were lost. We then defended this great dream in Korea, in Vietnam, and in the Cold War between and after the hot wars. It was our veterans on each and every one of these occasions, on every point of the globe, who maintained this great experiment in self government - who kept the dream alive - who kept the hope of the future alive - for all those who wanted it for their children and their children’s children. In this third century, as new waves of immigrants come to share in our great- ness,the dream continues.The hope for the future continues despite perhaps the most threatening danger in history to our way of life which now faces us in the form of Islamofacism; Sharia Law in the form of a FascisticTheocracy. Our veterans, throughout history, from the War of Independence, through our tragic Civil War, through the great World Wars to our current War Against Global Terrorism share a thread of dedication whichannounces:“WhereIstand,sostands the American Flag; and, where stands the AmericanFlagsostandsahavenoffreedom for those who seek its protection.” And so, we say to all our veterans; a grateful nation, and grateful freedom loving people all over the world say “Thank You” and we salute you!! COUNTRY A Tribute to Veterans
  11. 11. Page 11The Westchester Guardian THURSDAY, October 28, 2010 RE-ELECT Westchester county surrogate Judge Scarpino opened up attorney assignments, taking politics out of the Surrogate’s Court. Honest. Strong. Fair. Unmatched Experience. FPO SCARPINOSCARPINO Judge ANTHONY WESTCHESTER COUNTY SURROGATE Unmatched Experience Honest. Strong. Fair. Judge Scarpino opened up attorney assignments taking politics out of the Surrogate’s Court “Well Qualified” Westchester County Bar Association “Outstanding” Westchester Woman’s Bar Association
  12. 12. Page 12 The Westchester Guardian THURSDAY, October 28, 2010 CUISINE The winds were blowing. The leaves were rustling. The sun was fading. The last glint of gold was being reflected off the rustic accouterments adorning Orfino’s facade. The ornate curtain that ran about the large glass windows uncan- nily focused attention onto the patrons enjoying their repast. My guest and I entered Orfino’s.We were both bedazzled by the fine art picture ablaze with bright reds, yellows, and blues depicting a quaint village scene immersed among a bevy of pumpkins and corn sitting upon a bed of straw. Balancing the color scheme were the subdued orange and yellow flourishes that washed the walls, reverentially inter- spersed with more fine art oil paintings. Linda Orfino welcomed us, asked if we had reservations, and accompanied us to out table. The mood was set. Chef and owner Michael Orfino stopped by to say, “Hello.” Michael’s creative passions are recog- nized and inspired by many elements. The recipes of his grandmother and mother harken to their days in Bari, Italy. Today, Head Chef Douglas Tucci, along with Michael, Michael’s wife Linda, and adult daughter Lina, infuse an amalga- mation of various inspirational cues to Orfino’s that combines Italian tastes with American inspiration. Orfino’s kitchen is like a dictionary of tastes and traditions that delight the palate and comfort the soul.This is home. The white linen table setting held an inviting plate of rustic bread, sliced perfectly for dipping into a plate of a variety of olives that were set in a pool of translucent virgin olive oil. Sublime. With only one driver, a bottle of SanPellegrino® sparkling water held the wine selection at bay A fresh green salad began the evening’s delight. The first Primi was the Shrimp Roasted Corn appetizer of ocean fresh shrimp sauteed and served upon a bed of roasted corn bruschetta.OK.I was smitten. The second Primi conjured the approachofHalloweenandThanksgiving. Allowing the Fried Pumpkin Ravioli to cool slightly on my plate brought out its light, nuanced flavor which was so well complemented with an apple butter dip. I was in “foodie” heaven. My palate was dancing upon tasting the Veal Saltimbocca, which was thinly pounded with prosciutto and sauteed with fresh sage, butter, and white wine. This dish was exemplary. Chef Michael Orfino knew how to coax every echelon of complexity out of this dish by being easy on the salt content. “Prima!” The Veal Saltimbocca passed Steve’s Italian Heritage test with flying tricolors. Steve ordered pasta served al dente laced with a delicious tomato garlic sauce. I went the safe route, a Chicken and Apples dish consisting of chicken breast sauteed with sliced Granny Smith apples, shallots, and cider. An American tradition ratcheted up a notch by Chef Michael Orfino. I ordered the sweet potato mash. Exquisite, subtle, and wow. Each dish was more tantalizing than the next. The food became central to the conversation. who could imagine that the trials and tribulation of the daily grind, no matter how exciting and satisfying, could be consumed by Orfino’s varied repasts. I ordered a frothy Cappuccino and a slice of Italian cheesecake. It was the best I have ever tasted.. I was in Venice, Milan, and Rome; but not to Taronto or Bari. Alitalia will have to wait. My “Italy” is found in Briarcliff Manor, New York. Little Italy, in downtown New York, and Little Italy, in The Bronx must be jealous of Chef Michael Orfino. Make your reservations and find out why. My companion ordered a Cannolo (Cannoli is the plural of Cannolo).I never cared for this Italian dessert before, but at first bite at Orfino’s, I bacame a Cannolo maven.. The filling was light, fresh, and mouth watering. The cylindical crust casing likewise fresh and complementary. Bravo. For a look and description of many other delicious offerings, check the website at www.orfinosrestaurant.com. Chef Michael Orfino’s passion, is replete with twenty-seven years of telling his family story with food. You can taste the delight in his living life with your palate. The oil paintings are an under- stated hint of his joie de vivre. My driver summarized the experience at Orfino’s with brevity albeit succinctly, “The food, ambience and family-friendly dining was classic. A great spot in Westchester to dine with ample parking and a nice setting.” Wednesday night is now Family Night as the Orfino’s serve Family Style meals which feed 4 for only $22.00, including salad! Orfino’s lunch menu includes Daily specials starting at $8.95 all of their menu choices are available for take out at lunch or dinner.Orfinos also specializes in off or on premise catering! All major Credit cards are now accepted and gift certificates are available. Mon - Tues 11AM - 3PM Wed - Fri 11AM - 10PM Sat 8:30AM - 10PM Orfino’s—1201 Pleasantville Road, Briarcliff Manor, NY 10510 (914) 941-7353 Foodchester Orfino’s—Fine Gold Found in Briarcliff ManorBy Hezi Aris EDUCATION The Hispanic community is as plugged-in to using social media tools as any other population group. The Hispanic community is a victim of the digital divide and often lacks access to the tools necessary to become tech-savvy. The Hispanic community is smart in how it spends its mobile communications dollars. A $50 phone card allows migrant workers to keep in touch back home through texting, Facebook, the Internet, SKYPE and other social media. The older Hispanic community has Monroe College Panel Explores How Hispanics Embrace Social MediaTools By Rob Seitz
  13. 13. Page 13The Westchester Guardian THURSDAY, October 28, 2010 RE-ELECT Judge Thomas R. Daly Yonkers City Court Judge Judge Daly had been rated qualified by the Independent Judicial Screening Committee of the Ninth Judicial District. Paid for by the committee to Re-Elect Judge Daly On Election Day, Vote Row: “A” “C” “D” OR “E” To Keep Judge Daly on the Yonkers City Court Bench Vote: Tuesday, November 2 Experience Counts Judge Daly is endorsed by: AFL-CIO Central Labor Body, The Building Construction Trades Council, Yonkers PBA, Yonkers CLSA, Yonkers Fire Officers and the Yonkers Firefighters Association. RE-ELECT JUDGE ROBERT CERRATO YONKERS CITY COURT 10 years experience on the Yonkers City Court REPUBLICAN, INDEPENDENCE CONSERVATIVE PARTY CANDIDATE Judge Cerrato is Endorsed by the Yonkers Firefighters - Local 628, Yonkers Uniformed Fire Officers, Yonkers PBA, Yonkers Captains, Lieutenants Sergeants, Teamsters -Local 456 and the Yonkers Teachers Judge Cerrato has been rated “Qualified” by the Independent Judicial Screening Committee of the Ninth Judicial District, and “Well Qualified” by the Westchester County Bar Association Paid for by the Committee to Re-Elect Judge Cerrato VOTE “CERRATO”ON NOV 2nd
  14. 14. Page 14 The Westchester Guardian THURSDAY, October 28, 2010 not embraced social media skills. It’s like learning a foreign language to them. What do you get when you put together an El Salvadorean, Peruvian, Puerto Rican, Nicaraguan, and “Yorician” on the same panel to discuss trends in social media amongst white collar profes- sionals in the Hispanic community? No, this is not the start of a politically incorrect ethnic joke. On the contrary. The discussion was quite serious when the King Graduate School at Monroe College (www.MonroeCollege.edu) in New Rochelle invited members of the National Society of Hispanic MBAS (NSHMBA) to present to graduate and undergraduate students on trends in social media within the Hispanic community. “Monroe College has always been an early adapter of technology. Because of the entrepreneurial, real-business-world orientation of our King Graduate School we regularly invite to our campuses in New Rochelle and The Bronx in-the- know business professionals with different marketplace perspectives and experiences,” explained Marina Dadashev, dean of Monroe’s graduate programs in Business Administration and Criminal Justice. “We also have a very ‘global’ enrollment at Monroe and so we want to expose our students to as many international and culturally different ways of conducting business, as possible. This panel underscored the diversity found in a single demographic group which can have as much in common as it has its differ- ences,” Dadashev noted. Reina Valenzuela is the CEO and founder of Starfish Global (www. StarfishGlobal.com), a business advi- sory and management consulting firm for entrepreneurs based in New Jersey. “I immersed myself in social media because I especially saw opportunities within the older, Latino community. There is a digital divide that’s not only defined by limited access to technology, but also a lack of computer training and limited English language skills. Learning computer literacy is like learning a foreign language. That’s why I blog in Spanish I want all Latinos to know that social media resources are available to them.” There is also a generational divide that Valenzuela has experienced on a personal level. She recently helped orga- nize a reunion with family members scattered across the United States, in her native El Salvador, and in other coun- tries. “The teen and young adult family members responded to the reunion plans through Facebook. My siblings and cousins relied on e-mails and cell phone calls. But to keep my 79-year-old mom in the loop, I still had to rely on landline communications!” For Mauricio Godoy, the evolution of social media resulted in a new career opportunity with his employer, IBM. “About two years ago I assumed the position as a social media expert within a software group analyst relations team,” explained Godoy, whose Latino roots are in both Nicaragua and El Salvador. “I wanted to explore how we could use social media to connect with my colleagues all over the world. At IBM, we believe that social media is key in relationship building, as well as a tool for receiving and providing information content.” Godoy’s Facebook.com/ LatinosatIBM group started with four people out of his Westchester County headquarters. Within two years it has grown to approximately 500 active techies, including IBMers, non-IBMers, Latinos and non-Latinos around the world. It shares information about new social media trends. “However,” said Godoy, “the challenge is not just in knowing that these technologies exist, but getting people to embrace them. Social media is no longer something for the ‘geeky’; it’s something for everyone. And the more you use it, the more you increase your image as a trustworthy source of informa- tion in a timeliness that was previously unavailable.” According to Manny Velásquez- Paredes, a New York-based marketing and social media consultant, “Most of the Hispanics who I have encountered may not really understand the concept of social media and yet, they use it on a daily basis. They are far from home and so the Internet is the cheapest way for them to communicate with family members back home. They are the largest community of early adapters.” Velásquez-Paredes, executive vice president of the New York City chapter of NSHMBA, was an early adapter, begin- ning with various “messenger” services and chat rooms developed by AOL in the 1980s. Fast-forward a generation and he is now introducing clients to the marketing potential of Foursquare, a technology application that allows users to “plot” the whereabouts of people on their contact list in real-time. “One client, a ‘youngish’ doctor totally gets it and its marketing potential. The other, a market researcher who is older, feels he doesn’t have the dedicated time needed to make social media tools work,” said Velásquez-Paredes. Louis Pagan, owns his own busi- ness, LAT3G Meda (Lat3gmedia.com) and is a social media consultant based in Yonkers. He says he has used social media “to leverage the Hispanic voice in executive-level jobs, multi-media and entertainment, and to level the competition. “I use social media to bring down the walls and launch Latinos upward though those hard-to-reach places – the glass ceiling – to get their voices heard,” said Pagan, an American-born native New Yorker. Because he is not entirely fluent in Spanish, he Tweets and blogs in English. This has not been a barrier for him within the Latino community, his observation being that in both their day-to-day lives and in the social media arena. For several years Pagan wrote LatinoPundit.com, a blog that addressed issues unique to the Latino community as well as topics not defined by ethnicity and which gained him a national following. He has since-suspended the blog because “the niche got filled” by other Latinos. He’s now focusing on multiple social media tools, including Twitter, where he has over 7,300 followers.He’s aggressively pursuing social media with many projects on his plate. “What these social media pioneers have accomplished is important to our students. Monroe’s MBA students are required to develop a business plan as part of their graduation requirement. This is a significant undertaking that is tracked by their professors throughout their MBA studies. As a result, many of our gradu- ates go on to start their own businesses,” explained Dadashev of Monroe College. “The trailblazing activity of these and other guest speakers is often just the motivation that one of our students needs to create the next Facebook, Twitter, or iPhone!” For more information about Monroe College’s King Graduate School contact 1-800-55-MONROE. Rob Seitz (www.robseitz.com) is a senior- level communications consultant based in Mamaroneck. He is Vice President of the Fairfield County PR Assn. and an adjunct professor at various colleges. He specializes in Social Media,higher education,special events, real estate and economic development. He is also a NYS licensed real estate agent with Goldschmidt Associates. He can be reached at 914-393-6144 or robs@robseitz.com EDUCATION Monroe College Panel Explores How Hispanics Embrace Social Media Tools Chestnut Ridge, NY -- Green Meadow Waldorf School is opening up dialogue about a nation of overstressed teens on Tuesday, October 26, with a screening of “Race to Nowhere.” The screening will be held at Green Meadow Waldorf School, 307 Hungry Hollow Rd., Chestnut Ridge, NY, at 7:00 p.m. The cost is $10 in advance / $15 at the door. The 85-minute documentary, which shows across the country on Tuesday, spotlights the pressures faced by U.S. schoolchildren and their teachers in a system and culture obsessed with the illu- sion of achievement, competition and the pressure to perform. From stress-related illnesses and depression to chronic cheating and burnout, the documentary chronicles the heartbreaking tales of young people across the country who have been pushed to the brink, educators who are exhausted and Continued on page 16 Taking on Student Stress,the Education System,and“Teaching to theTest” Innovative Nursery-to-Grade-12 School Opens up Discussion with the Screening of “Race to Nowhere”
  15. 15. Page 15The Westchester Guardian THURSDAY, October 28, 2010 Jeff Klein: Fighting for Westchester Families Paid for by New Yorkers for Klein VOTE NOVEMBER 2 www.JeffKleinNY.com S tate Senator Jeff Klein knows that in these tough times, every dollar counts. That’s why he has been an independent leader, working across party lines to make our community the priority in Albany. Senator Klein has: from foreclosure
  16. 16. Page 16 The Westchester Guardian THURSDAY, October 28, 2010 Continued from page 14 worried that students aren’t developing skills they need, and parents who are trying to do what’s best for their kids. “This is a silent epidemic in our nation’s schools. Overstressed kids are heading off to college or the work- place unprepared and uninspired,” said Ivy Greenstein, the school’s Director of Outreach. “We all want our children to grow up happy, healthy and well- educated. As a nation, we’re failing to do just that.” “We decided to host this screening at Green Meadow because it is important to our school community and sheds light on educational and societal issues we all face,” Greenstein noted. Nearly 350 students from 13 coun- ties and almost 90 towns attend the independent school. Located about 20 miles north of New York City, Green Meadow serves students from nursery school through grade 12. Waldorf education is the fastest- growing independent school movement worldwide, with 300 schools in the U.S. and nearly 1,000 around the world. The curriculum is based on the philosophy of Rudolf Steiner, who founded the first Waldorf School in Germany in 1919. Green Meadow offers developmentally based, challenging academic course- work infused with the arts. Students are exposed to diverse disciplines and can choose traditional classes such as modern languages and sciences while also learning practical arts, such as knitting, black- smithing, and woodworking. The school also limits the use of technology and media for younger students, which is now understood by researchers as essential to the developing brain. Green Meadow graduates go on to top colleges, and the school prides itself on its multicultural community; students come from a wide range of socio- economic, ethnic, religious, and cultural backgrounds. FormoreinformationcontactIvyGreenstein, Director of Outreach, by directing email correspondence to igreenstein@gmws.org, or telephone 845-356-2514, extension 330. Green Meadow School and Waldorf Education was founded in Germany in 1919 by Dr. Rudolf Steiner. Green Meadow is an accredited member of the New York State Association of Independent Schools (NYSAIS), a voluntary association of more than 140 independent schools in the state of New York. Taking on Student Stress, the Education System, and “Teaching to the Test” EDUCATION It is with great disappointment and frustration that I announce that the Public Service Commission saw fit to give our water company, United Water of New Rochelle, a 34% increase in water rates over the next four years. To put in context, the average yearly water bill todayis$756.In2014,thesamebillwilltop $1,017. The Public Service Commission, whose members are appointed by the Governor, is charged with the duty of protecting the interests of citizens when going up against monopolistic utilities. In my view, they have utterly failed us as rate- payers and demonstrated no sensitivity to current economic conditions. The Public Service Commission disregarded the joint concerns of nine municipalities and over 30,000 resi- dents. Incredibly, in the Public Service Commission’s approved settlement is a provision allowing for a stunning 10% rate of return for investors in the Paris based Suez Corporation, the parent company of United Water of New Rochelle. I will be meeting with my fellow elected officials in the nine community consortium as well as our counsel to see what options are left. I can tell you we MAYOR Marvin COLUMN GOVERNMENT The Public Service Commission,UnitedWater of New Rochelle,and theVillage of Bronxville By Mary C. Marvin fought this rate hike aggressively, with every elected official in the consortium personally testifying before the Public Service Commission. Sadly, I think the Public Service Commission is another Albany institution badly in need of reform. The PSC also refused to consider the consortium’s request to allot whatever rate increases they ratified on the usage bill and not on the hydrant maintenance charge. Instead, the Public Service Commission also raised the cost of our hydrant main- tenance fees currently one of the most expensive fee structures in the nation, by 70% costing the Village and the tax payer an additional $62,826, in future budgets. Hydrant maintenance fees are charged directly to municipalities and thus only paid by property taxpayers. As a result, all non-profits including schools, hospitals and churches who receive fire protection benefits from these hydrants share nothing toward the costs of providing such service. The one bright spot in the Public Service Commission’s ruling was the requirement that United Water prepare a status report on hydrant maintenance by March 31, 2011. Presently, we are not at all confident that our Village hydrants are maintained properly. We have asked for many years for maintenance records to no avail. In sum, this ruling put the needs of a monopoly above the interest of the citizens they are charged to protect with complete disregard for the current economic climate. Icontinuetoresearchtheentirepension issue in light of the escalating payments our Village is required to contribute. This problem is not unique to New York, rather it is a nationwide phenomenon that is affecting every taxpayer. For example, in California, the state’s public employee pension obligations have increased by 2000% while state revenues have increased by 24%. As a result, California has siphoned off $3 billion from other state programs to meet pension obligations. As a result, the credit spreads on California bonds are higher than those of Mexico, Indonesia and the Philippines.Thankfully, New York State does not allow this “rob Peter to pay Paul” scenario. Nationwide it is estimated that pension systems are underfunded by an amount topping $2 trillion and this does not even include retired healthcare benefits estimated to be underfunded by at least $530 billion.As an example from neighboring New Jersey, a 49 year old retiree paid a total of $124,000 toward his pension and benefits over the course of his career. The state now owes him $3.3 million in pension payments and an additional $500,000 in health benefits. This one example starkly illustrates why we are talking about trillions in national retirement obligations. The experiences in Connecticut present another example of promises made to state employees and teachers that are unsustainable. As of 2010, Connecticut’s pension debt equates to almost $18,000 for every man, woman and child living in the state, translating into one of the highest debt ratios in the country. Connecticut’s current post-employment benefits obli- gation now exceeds the state’s annual operating budget. In an effort to stem the costs,theCityofWestHartfordiscurrently negotiating with its teachers’union to offer 401(k) type contribution retirement plans mimicking the private sector. The solution is not in sight. Even if pension benefit reductions are put in place today, it is almost impossible to have the savings apply to current employees because in New York, as is the case in most states, pensions are constitutionally protected obligations. However, given the gigantic underfunding of these obligations, it is now not unthinkable that a municipality could go bankrupt, possibly putting every obligation, including pensions, in jeopardy. NOTE: Much of the statistical informa- tion was culled from “Collision Course” by Paul Ingrassia. Mary C. Marvin is the Mayor of the Village of Bronxville.
  17. 17. Page 17The Westchester Guardian THURSDAY, October 28, 2010 Larchmont, a part of uber-wealthy Westchester County, NY has been hit hard by recent economic woes, but is fighting its way back to the idyllic village it once was. Larchmont hit the proverbial rock bottom last year, with several landmark stores closing up shop due to high rent and a financial deficiency. Growing up in Larchmont, I’ve watched its collapse every step of the way. Cornerstone shops like the Larchmont Store and Active Sports, both of which were in business for decades, were among the first to close their doors forever. We’ve also lost high-end boutique Plaza Too, a small but personal forma- ggio, Baskin Robbins ice cream shop, and Sweet Nutty, a legendary candy store with unbelievable customer service. The owner of the shop memorized the name and favorite candy of every child who walked in her door and watched them grow from children to young adults, still addressing them by first name decades after their first visit to her candy shop. She lamented that Sweet Nutty was her joy in life but she was forced to shut down when rent prices went up. These are only a few of Larchmont’s proprietors who have died at the unmerciful hands of a troubled national economy. However, the Village has finally begun its ascent back to the top, to its former hay day, according to Larchmont Mayor Joshua Mandell. “I think that Larchmont, like many small economies, has gone through a significantly rough patch with this economy,” Mayor Mandell told the Westchester Guardian in an interview. “I’m comfortable saying now that the store closures are last year’s story. What we’re finding now is that we’re opening more stores than we’re closing.” Among the most recently opened businesses, Larchmont residents have a variety of options. Burn Fitness, a personal training studio has opened up on the Boston Post Road. Red Mango, an exclusive franchise of high end yogurt opened on Palmer Avenue and right beside that, Recologie has re-opened its doors at a new location in order to offer goods and apparel manufactured by recy- cled products. “Lastly, we opened East Coast Surf, Skate and Snow, which is one of the few areas in this place where you can find high quality gear for those activities,” Mayor Mandell said. Continued on page 18 The Revitalization of Larchmont By Bary Alyssa Johnson GOVERNMENT
  18. 18. Page 18 The Westchester Guardian THURSDAY, October 28, 2010 GOVERNMENT Continued from page 17 Looking toward the future, plans are in the works to open up a high-end wine lounge on Boston Post Road, which will be named 1891 Wine Lounge. The name 1891 was decided upon because that was the year in which Larchmont was founded. Many additional openings are anticipated. The mayor says that the Village of Larchmont is working hard to become an attractive destination for people looking to open new stores. To achieve this, a plan called Palmer Avenue Streetscape Project has been put into the works.The Project is an effort on the part of the Village to re-do the Palmer Avenue business district so that it’s more friendly for pedestrian access. Such efforts will include new sidewalks and pedestrian lighting. “We’re hoping to do [that project] in the Spring of next year,” Mayor Mandell said. “We have a grant from New York State for $680,000.00 and we’ll use Village funds to supplement that. Target comple- tion is for the end of next year.” Larchmont is making big strides, particularly with the smaller entrepre- neurial ventures, however the process of opening these smaller stores is that it’s hard for the owners to come up with the funding. It’s also a lengthy process to get all of the details in place in order to open its doors. According to the Mayor, there was a loading of the Spring in Larchmont and a certain number of people had plans to open businesses. They had to go through months of process, but now it’s all coming to fruition. “I think that at the trough we were in a difficult spot, but our turnaround has been remarkable over the last six months,” Mayor Mandell said. “Larchmont is like many municipalities; competing for a finite set of individuals prepared to take entre- preneurial risk and we have to do our best to make this Village an attractive place for these people to open their businesses.” Local resident Bary Alyssa Johnson covers the Larchmont and Mamaroneck beat, as well as the evolving world of electronics and technology. The Revitalization of Larchmont HISTORY Sixty-five years ago the International Military Tribunal (IMT) held its first public session. It met in Berlin, its official seat, in the Grand Conference Room of the Allied Control Authority Building. The session lasted about one hour. The IMT was comprised, on that day and throughout its work over the next ten-plus months, of eight judges. Major General I.T. Nikitchenko of the Soviet Union served that day as IMT President. His colleagues were Lord Justice Geoffrey Lawrence of the United Kingdom, Mr. Francis Biddle of the United States, and Monsieur Professor Donnedieu de Vabres of the French Republic. Also present were the alternate members of the Tribunal: Lieutenant Colonel A.F. Volchkov of the USSR, Mr. Justice Norman Birkett of the UK, Judge John J. Parker of the US, and M. Le Conseiller Robert Falco of France. After General Nikitchenko declared the session open, the British chief pros- ecutor, His Majesty’s Attorney-General Sir Hartley Shawcross, announced that the chief prosecutors had agreed on an indictment. He then called on each of his counterparts, the Soviet Chief Prosecutor General R.A. Rudenko, the French Chief Prosecutor M. François de Menthon, and United States representative Francis M. Shea, to speak. Each made a brief statement, which then was translated orally into the other languages, and each presented a copy of the indictment printed in his own language to the IMT. General Nikitchenko then announced that an Indictment had been lodged with the Tribunal setting out charges against twenty-four persons: Hermann Wilhelm Göring, Rudolf Hess, Joachim von Ribbentrop, Robert Ley, Wilhelm Keitel, et al. Nikitchenko announced that German language copies of the IMT Charter, the Indictment and accompa- nying documents would be served upon these defendants immediately, that they would be informed of their rights to defend themselves or to select defense counsel, that they would receive rules of procedure for production of witnesses and documents for “a fair trial with a full opportunity to present their defense,” that trial would commence in Nuremberg no sooner than thirty days after service of the Indictment, and that Lord Justice Lawrence would preside at the trial. Nikitchenko also gave notice that the prosecutors intended to ask the IMT to declare six specified organizations—the Reich Cabinet, the Leadership Corps of the Nazi Party, the SS, etc.—to be crim- inal, and that any member thereof could apply for leave to be heard on the question of that organization’s criminality. After these announcements had been translated orally, and somewhat slowly, into French, English and German, the IMT adjourned. The judges left immedi- ately for Nuremberg.The US, French and Soviet judges, flying together in a plane that General Dwight D. Eisenhower had made available to Judge Biddle, arrived in time for dinner. The British judges, flying in their own plane, encountered bad weather and had to divert to London. Justice Robert H. Jackson, the United States Chief of Counsel, was not present in Berlin for the filing of the Indictment. He had spent much of the previous week there, meeting, working and waiting for judges, generals and other prosecu- tors to arrive. On Wednesday, October 10th, Jackson, fed up with the confusion and delays in Berlin, had flown back to Nuremberg to resume trial preparation, leaving his close friends and senior assis- tants Gordon E. Dean and Francis Shea in charge in Berlin. (On Jackson’s flight back to Nuremberg, he and colleagues listened to an Armed Forces Network radio broadcast of the Detroit Tigers beating the Chicago Cubs, 9-3, in the 7th and final game of that year’s World Series.) Eight days later, as Francis Shea and the others arrived in Nuremberg from filing the Indictment before the IMT in Berlin, Justice Jackson was a hosting a cocktail party at his requisitioned German home. He had invited about forty officers to celebrate the awarding of the Legion of Merit to his executive officer, Col. Robert J. Gill. One diarist noted that “[i]t was a very nice party—the table in [Jackson’s] dining room was a work of art—both with floral decoration and with canapés etc. It was all done by enlisted men—but I discovered that the man in charge was formerly with the Stork Club in New York.” Jackson planned, following that cock- tail party, to host a dinner and dancing at his home that evening for all of his staff. At the last minute, however, the Theater Commanding General said no—he objected to the idea of enlisted men and officers being together at such an event. A young American secretary wrote home to her mother and sister that Jackson “argued his head off but it didn’t work and so the whole thing was cancelled.” John Q. Barrett is a Professor of Law at St. John’s University in New York City, where he teaches constitutional law, criminal procedure and legal history, and he is the Elizabeth S. Lenna Fellow and a board member at the Robert H. Jackson Center in Jamestown, New York. This summer, he is teaching in St. John’s program at ISDE in Barcelona. Professor Barrett has in the past been named a “Professor of the Year” by St. John’s law students and in 2009 received a Faculty Outstanding Achievement Medal from the University. He is a graduate of Georgetown University (1983) and Harvard Law School(1986). If you wish to join the Jackson List, send a “subscribe” note to barrettj@stjohns.edu. Nuremberg Indictment Day (October 18,1945) By Prof. John Q. Barrett
  19. 19. Page 19The Westchester Guardian THURSDAY, October 28, 2010 INVESTIGATIONS A period of 20 seconds in the early morning hours of Sunday, October 17th 2010, ended the life of Pace University junior Danroy DJ Henry and forever changed the lives of three police offi- cers, Henry’s family, about one hundred fifty bar patrons, the entire campus of Pace University at Pleasantville, and the residents of the Town of Mt. Pleasant. Twenty seconds is all that was needed for a failure of both sides to communicate; leading to two decisions that regrettably can never be reversed. On Saturday, October 16th, Pace University at Pleasantville was hosting their annual homecoming football game. College homecoming celebrations are notorious party weekends, and by all accounts,this was no different. Drinking hadcommencedearlyinthedayaccording some who attended the football game against Stonehill College. Making the event all the more special for Henry was that his childhood friend Desmond Cox was playing on the opposing team. After attending two more celebratory gather- ings at Pace’s townhouse dorms, the party moved two mile south to Finnegan’s Grill in the Thornwood Town Center Shopping Plaza in Thornwood. Finnegan’s Grill is one of those sports bars that also calls itself an Irish Pub. Tucked away in the corner of the shop- ping mall, Finnegan’s touts itself as a gathering place that encourages family dining during the day and evening dinner hours. After 9PM on any given weekend, Finnegan’s is known as an establishment that has its fair share of alleged underage patrons.Itscommonknowledgeinsomeof the hamlets in Mt. Pleasant, that you can go there,under the age of 21 and allegedly be served a drink. That’s not surprising, that allegedly happens everywhere. What is surprising is that Finnegan’s also has a reputation of allegedly being pretty rowdy on those late weekend nights. It gets crowded there largely in part because parking is free and accessible in the shop- ping center. It’s a place where uniform service members are known to hang out and watch sports as well. Despite the drinking age being 21 here in New York State, and having off duty law enforce- ment personnel frequenting Finnegan’s, there was still alleged underage drinking going on in there. On the night in question, the bar was crowded; there were a few fights. Again this was not unusual. But whether it was the result of a long day’s drinking or something else, Finnegan’s management was allegedly unable to get those kids under control. According to eyewitnesses, after management’s alleged inability to quell the disputes that kept cropping up, a decision was made to close the bar for the night. What resulted was a crowd of perhaps 150 young people,some of whom were still experiencing alcohol induced squabbles began piling out onto the side- walk and into the parking lot.Whether or not any bouncers made it outside to move the crowd along has not been yet been determined or corroborated. It was at this time that DJ Henry was sitting in his Nissan Altima chatting it up with two friends while waiting for a third to make his way to the car. Mr. Henry had his car parked in a fire lane, which is a pretty common sight in that shop- ping center. His passengers stated that they were talking about their future career plans. Many commentators conjecture it strange that such a conversation took place, however those who have spent time among college age students recognize how captivating this subject is to many young adults. At 20 years of age, most of them still have that sort of romanticized view of what life will be like when they leave college. And they like to talk about it…. a lot. So after a particularly joyous day, there is nothing odd about two child- hood friends reminiscing about their past and planning for their future. A lot can be said about 20 year olds. They are old enough to vote, marry, and go to war. But 20 year olds don’t possess a whole lot of life experience. They can oftentimes find themselves often victims of their own inexperience which also leads them to sometimes making rash decisions. DJ Henry may have made a poor decision in not rolling down his window when Continued on page 20 20 Seconds By Nancy King
  20. 20. Page 20 The Westchester Guardian THURSDAY, October 28, 2010 INVESTIGATIONS Continued from page 19 Police Officer Ron Gagnon knocked on this car’s window. It’s early in the investi- gation so it’s not known whether Officer Gagnon told him to step out of the car or to move it out of the fire lane. After years of watching Police Officers move cars from a fire line,one would be inclined to deduce that Gagnon asked Henry to move. At the same time, Pleasantville Police Officer Aaron Hess had moved to the front of the car. Questions abound as to whether Officer Hess ordered the car to stop, to go, or if he had even seen Officer Gagnon interact with Mr. Henry. It is at the confluence of these moments everything seems to go awry. DJ Henry puts his foot on the gas and Police Officer Hess ends up on the hood of DJ Henry’s car while the car continues to move forward, grazing a Mt. Pleasant Police Officer with a side mirror. By now it has become evident all the protagonists are in a heightened state of alleged agitation and panic; and Police Officer Hess and Police Officer Beckley fire their weapons with P.O. Hess firing through the windshield and P.O. Beckley firing at one of the tires. By the time the car had come to a stop, it had travelled about 60 feet; not a long distance for 15 seconds of time. When you sit down and do the math, 60 feet, traveled within 15 seconds would calcu- late to approximately 4 feet per second, equivalent to a speed of 2.72 mph. Not fast, but fast enough to know that when you have a police officer hanging onto your windshield, things are about to get real bad, super fast. Looking at eyewitness video taken with a cell phone shows a chaotic aftermath of panicked police offi- cers waving their guns to hold the crowd back from a fatally injured DJ Henry. By the time this melee was over there had been four arrests, five shots fired and a twenty year old man killed; and enough questions to keep the state police and the Westchester District Attorney’s office busy for months. In the days immediately following this tragedy, Pace University has held two press conferences and a candlelight vigil. The week’s football game had been canceled. Counseling has been offered to the students. Over the same time period, Mt. Pleasant Police Chief Louis Alagno had also held a press conference stating that he is unable to make a statement on the specifics of the incident while the investigation, which is being handled by the New York State Police and the Westchester County District Attorney’s Office is under way. In addition, some of the students and the Henry family have retained attorneys. Students have hired Bonita Zelman and are charging the Mount Pleasant Police Department showed excessive force and brutality in not allowing them to perform first aid on Henryy. The Henry family has hired noted Civil Rights Attorney Michael Sussman to investigate whether the men were targeted unfairly because they were of African-American descent. And on Thursday, The National Association of Black Police Officers issued a state- ment also calling for a full investigation. One hopes that this investigation does not become an issue of race. Any inves- tigator who uses race as a basis of their investigation is doing nothing more than pandering and posturing for money later. This investigation begs for the whole truth to be told, no matter how painful. It also must remind us that oftentimes, a split second decision may not have the outcome that it was intended to have. Bar owners who allow underage patrons must enforce the age limit to those who may gain entry to their establishments. Rather to lose a few bucks than a patron lose their life. As for the actions of the various police departments, we have all watched reality TV where a routine traffic stop ends tragically for an officer.We have all watched enough TV shows that depict a young man trying to out run the cops. This is real life.You just don’t do that even if you are afraid of the ramifications of being underage and in a bar. DJ Henry’s death must teach us that if a police officer tells you to do something… just do it. If you feel you have been wronged, you can argue it in court later; that is the basis and purpose of the courts. There may well be no clear “rights” or no clear”wrongs” in this case. It may well take 20 weeks to complete the investiga- tion. More than 20 individuals had their lives forever changed in just 20 seconds. HAL GREENWALD A Family Court Attorney For Family Court Judge VOTE GREENWALD WEsTChEsTEr COunTy FAmily COurT JudgE democratic Conservative Working Families Tuesday, november 2, 2010 George is always there when we need him. George Latimer is on our side. Paid for by Latimer for Assembly. Fred Baron, Treasurer • Fighting high taxes • Cutting spending • Ethics Reform • Supporting our community institutions • Tough anti-crime laws • Flood control funding • Strong environmental protection Always available to hear our point of view Every day. 20 Seconds
  21. 21. Page 21The Westchester Guardian THURSDAY, October 28, 2010 After her breast cancer diagnosis, doctors advised Ann Toglia that if she did not receive a stem cell transplant, she would die within a year. When Blue Cross/Blue Shield denied the treatment, Ann contacted Mike Spano. Mike went right to work, fighting to reverse their decision. As a result, Ann got the stem cell transplant and lived 8 more precious years. She became a Medical Exercise Specialist – sharing her experience and knowledge with patients and the medical community. Ann even wrote and published a book detailing exercises to counteract the negative effects of cancer treatments and surgery. After her breast cancer diagnosis, doctors advised Ann Toglia that if she did not receive a stem cell transplant, she would die within a year. FOR STATE ASSEMBLY MikES p a n o When Blue Cross/Blue Shield denied the treatment, Ann contacted Mike Spano. Mike went right to work, fighting to reverse their decision. As a result, Ann got the stem cell transplant and lived 8 more precious years. She became a Medical Exercise Specialist – sharing her experience and knowledge with patients and the medical community. Ann even wrote and published a book detailing exercises to counteract the negative effects of cancer treatments and surgery. Looking out for our families. Looking out for our communities. Election Day is November 2 751-8811 • www.mikespano.com ® ® When Blue Cross/Blue Shield denied the treatment,Ann contacted Mike Spano. Mike went right to work, fighting to reverse their decision. As a result, Ann got the stem cell transplant and lived 8 more precious years. She became a Medical Exercise Specialist – sharing her experience and knowledge with patients and the medical community. Ann even wrote and published a book detailing exercises to counteract the negative effects of cancer treatments and surgery. After her breast cancer diagnosis, doctors advised Ann Toglia that if she did not receive a stem cell transplant, she would die within a year. JUDGES Judge Matthew J. Byrne was born in Rockland County, New York, the son of the late Judge John J. Byrne and the late Kathleen Sweeney. After attending Don Bosco Preparatory School in Ramsey, New Jersey, Judge Byrne then attended Manhattan College in The Bronx. At Manhattan, he studied Government and Politics and graduated with a Bachelor of Arts in 1988. After graduation from Manhattan, Matthew began his professional career, taking a position with Liberty Mutual Insurance in Scarsdale, New York where he worked for the next three years. At the same time, he applied, and was accepted to Pace Law School. Like so many, he worked full time while studying law simultaneously. Having a father with a distinguished legal and judicial career, he then attended Pace with the desire of eventually joining the ‘family business’; his father’s long established law firm in Suffern, New York. Judge Byrne graduated from Pace Law School in 1992, continued in the corporate world for two more years, then employed by The General Reinsurance Group in Stamford, Connecticut. In 1994, Matthew joined his father’s firm as an associate. At the same time, he was appointed by Rockland County’s Executive as an Assistant County Attorney, advising several county depart- ments on their legal matters, including various boards and commissions, and including defending litigation brought against the County. Later that same year, in a sad twist of fate,Matthew’s father,Judge John J.Byrne suddenly passed away during his re-elec- tion campaign for Justice of Suffern, New York. Matthew was approached by party leaders and asked to be a candidate for his position at that time. Reluctantly, given the rather emotional time for his family, but at the urging of his Mother, he accepted the nomination to run, and was elected (after being appointed by the Democratic Mayor to fill the tempo- rary vacancy) to a full four year term in November 1994. Since 1994, Judge Byrne has been electedandre-electedfourtimes,currently serving in his fourth-four year term, completing sixteen years of service this year in an overwhelmingly Democratic Village, despite being a Republican. His political independence has earned him the respect of many from across party lines in his community. As the Judge of Suffern, Judge Byrne has handled thousands of civil and crim- inal matters in one of the busiest Justice Courts in Rockland County and has earned a reputation as a fair and impartial jurist, giving all litigants their fair day in court, their opportunity to be heard, and rendering decisions based upon the sound application of the law. In sixteen years of private law prac- tice, Matthew Byrne has represented hundreds of clients and their families in a wide array of legal matters, sometimes representing several generations in one family over his many years of practice.His private law practice consists of handling civil matters on behalf of his clients, including estate planning, administration and probate, real estate transactions for personal clients and lending institutions, guardianships, corporate formation, and matters involving New York State Mental Hygiene Law, among other areas. Judge Matthew J.ByrneInfusing the Court with Legal and Judicial Balance
  22. 22. Page 22 The Westchester Guardian THURSDAY, October 28, 2010 JUDGES Judge Lawrence H. Eckerr stands tall in the court- room. He is humbled by the high privilege he shoulders. He accom- plishes the task before him by listening to everyone that comes into his courtroom with respect. By listening with respect, Judge Ecker can find the justice appro- priate to the parties that stand before him. He is a deeply compassionate man but tough when circumstances demand it of him. His biography is a compilation of every accomplishment he needed to wear the black robes of justice. Judge Lawrence H. Ecker, Justice of the New York State Supreme Court, was born and raised in Yonkers, New York on June 6, 1946 and is a graduate of Yonkers High School, class of 1964. In 1968 he obtained his Bachelor of Arts degree from Syracuse University where he met Lynne, his wife of 42 years. They have two children, Karen and Andrew. Karen is married to Todd Greenbarg and they have a son Joshua, now 20 months old. Karen is a social worker and Andrew is a teacher. Judge Ecker, upon completion of his active military duty, enrolled at Brooklyn Law School, where he obtained his Juris Doctor degree in 1972. Following two years of public service, he joined his brother in the practice of law in Yonkers. They remained partners until Judge Ecker assumed the Supreme Court bench on June 1st of this year. Judge Ecker previously served as the Judge in North Tarrytown and Irvington from 1988 until his appointment to his present position. Judge Ecker has been active in professional and community activities. He is a former president of the Yonkers Lawyers Association, the Westchester County Magistrates Association and the Greenburgh Hebrew Center. He served as chairman of the Westchester County Board of Ethics and is a member of the Westchester County Executive’s Criminal Court Advisory Council, the Irvington Community Advisory Council, and the Board of Trustees of St. Johns Riverside Hospital. Judge Ecker is a founding member and vice president of the Justice Brandeis Lawyers Society of the Hudson Valley. Judge Lawrence H.EckerFitting into the Robes of Justice “Judges I appearedbefore, told me I have a special gift for resolving disputes,” says Judge Bill Edwards, who handled a large volume of cases as a Bronx Legal Services Attorney / Supervising Attorney and the Managing Attorney for the NYC Dept. of Housing Development, earlier in his career. “As a judge, and in the practice of Law, you should always be a good listener; justice begins with listening to what people’s problems are, to settle their disputes,” he said. “I believe ultimately in fairness, which develops into justice, based upon resolving disputes by applying the law fairly, without respect to race, creed, color or sexual orientation.” Judge Edwards is running for Westchester Family Court Judge on the Republican and the Independence lines. Judge Edwards was appointed Mount Vernon City Court Judge in 2002, winning a ten-year term in 2003. He has served as a Westchester County Court and Family Court Judge since 2007 and as Acting Rockland County Family Court Judge from 2009 to the present. Judge Edwards is the first Judge to preside over Integrated Youth Court where both Criminal and Family Court Proceedings involving the same individual are adjudicated by one judge, to more fully address the issues that bring defen- dants before him. Integrated Youth Court and Drug Court have served as models for similar courts in other jurisdictions. “I come from a problem-solving background,” says Judge Edwards. As a young attorney he handled landlord/ tenant disputes, non-payment of rent, housing code violations and staved off evictions. “I presided over the best Drug Court in the County,” Edwards says with pride.“I’ve been able to save lives in Drug Court. I think that is what I do best. Last year, 22 people came up to me to tell me I saved their lives and they were happy I presided over their cases; even some I sent to jail. Brother, ‘I ain’t mad at you for incarcerating me. You locked me up but my brother died of crack cocaine. I see you were trying to save me,’ one defen- dant told me.” Edwards advises defendants to go to class, get good grades and stay away from drugs and gangs so they too, can go to college and become successful in life. Defendants have be ordered to: • Youth Counseling to avoid gangs • Education to obtain a High School Diploma • Truancy Prevention: Truancy often determines whether or not young people become involved with gangs and drug abuse. • Read books, especially biographies and write reports that are read upon return visits. “Judge: You know who Lil Wayne is?” one teen asked when Edwards suggested that someone incarcerated at Rikers was not the best role model. Judge Edwards makes an effort to keep families together when handling Child Abuse and Neglect cases by providing services directed to correcting deficiencies. He is guided by what will be best for the child. In serious cases where removal of the child from the home is indicated, and if the child has been out of the home for 15 out of 22 months, he may move to have parental rights termi- nated so the child can grow up in a stable environment. “Keeping a family together may not include the former family. At the same time, it is a balancing test. You have to determine if there is a possibility of healing the family.” Judge Edwards has directed defen- dants to classes in parenting skills; anger management and substance abuse programs. Mentally ill defendants are encouraged to comply with a treatment plan. Edwards urges the public to call the police if they suspect a drunken adult is getting behind the wheel of a car, espe- cially if children are involved: “It is better to call the Police before you have to call the mortician.” Does Judge Edwards function as “the second prosecutor in the room?” “No, I don’t believe so. You can’t be fair if you try to be judge and prosecutor. You can’t be a trier of fact and choose sides. I try to be fair and impartial.” Judge Edwards is a graduate of Williams College and Columbia School of Law. Judge Edwards has over 25 years of litigation experience and he has had multiple court decisions published in the NY Law Journal. He offers his compe- tence, character and commitment as qualifications for re-election. Family Judge Bill Edwards Runs For Re-electionA Democrat With Republican, Independence and Tea Party Backing By Marike Potter
  23. 23. Page 23The Westchester Guardian THURSDAY, October 28, 2010 Paid for by Committee for Michael Kaplowitz and approved by Mike Kaplowitz Assemblyman Greg Ball lies about his abuse of women. “She wasn’t that former girlfriend, but a Republican political consultant.” Assemblyman Greg Ball “has been dogged by personal issues involving women: a 2003 temporary protection order taken out by a former girlfriend he was accused of stalking; a barroom complaint in Albany by a server who said he had groped her; a sexual harassment allegation...” 10/21/2010 Assemblyman Ball created a misleading TV ad about his ex-girlfriend’s Order of Protection against him. JUDGES “I think my experi- ence makes me a little more efficient and effective at getting to a good result,” said Judge J. Emmett Murphy, who has been a jurist for 30 years. “Experience teaches you the likely result value or lack of value in a case.” Judge Murphy is seeking re-elec- tion for a fourteen-year term to the New York Supreme Court, running on the Democratic, Republican, Conservative and Independence lines. The NYS Supreme Court deals with some criminal cases and unlimited civil cases in the Ninth Judicial District covering Westchester, Putnam, Rockland,Dutchess and Orange Counties. “Being a judge is a great thing,” said Murphy. “It is intellectually stimulating; an opportunity to serve and to do good things. A judge can certainly make a difference in the lives of the people in front of him. I try not to be ‘too high falutin’. I try not to see big issues and big principles when they are not really there. If you can get to the issues that really concern the people in front of you, you will do a good job. I don’t charac- terize my cases as significant or not. They are all significant to the people who brought them to me or they wouldn’t be there.” When asked about Westchester County’s recent attempts to exert control over the issuance of gun licenses, Judge Murphy, an avid hunter and fisherman, replied: “They said they were interested in public safety,but I think it was just a power grab and it had nothing to do with safety. The county already controls Playland and I think more people have been killed on their rides at Playland, than by all the folks we have licensed in the last fifty years of gun licensing. So I don’t think it is about public safety.” “They wanted Judges to be more stingy with gun licenses. You shouldn’t be. The Supreme Court has said that self-defense is a core value in this country. The right to self-defense is at the root of the right to bear arms.Thesecondamendmentisacivilright, like the right not to incriminate yourself,the right to counsel and the right to express yourself.The Second Amendment is a curi- osity, in that the people who are usually so strongly in favor of civil rights,seem to keep looking for ways to water it down. Part of what the Supreme Court actually saidtheyweredoingwastoprotectthepeople from a system where,on a case,by case basis, the government decides whether it is worth- while for you to have the right to protect yourself with firearms. I think that this will protect your Second Amendment rights for a very long time, even if the Supreme Court becomes a more liberal one.” “What would you say to families who have lost loved ones in the wake of gun violence?” The judge pointed out that illegal guns are a huge part of the problem and “you cannot regulate illegal guns by imposing rules on people with licenses.” “Do you see yourself as the second prosecutor in the room?” “No. I like to think I am a little more balanced than that,” he replied. The Westchester Independence Party ScreeningCommitteefoundJudgeMurphy to be “Most Qualified” to gain a second 14 year term. Dr. Julio Cavallo was quoted as saying:“In order to protect the rights of the public at large, the Judiciary must have the likes of Murphy on the Bench.” Judge Murphy has been found “well- qualified” by several County wide bar associations. Additionally, Murphy has been endorsed by numerous Police orga- nizations, including the Yonkers Police Benevolent Association, the Yonkers Police Captains, the Lieutenants and Sergeants Association and the Affiliated Police Association of Westchester County, Inc. (representing 52 law enforcement organiza- tions throughout Westchester and Putnam Counties), the Westchester Putnam Central Labor Body, (AFL-CIO) and the Building and Construction Trades Council of Westchester and Putnam Counties. Judge J.Emmett MurphyAvid Hunter And Fisherman Angles For Re-Election to NYS Supreme Court By Marike Potter
  24. 24. Page 24 The Westchester Guardian THURSDAY, October 28, 2010 JUDGES Patricia O’Callaghan, Esq. of Rye, is running for a ten-year term as Westchester Family Court Judge on the Republican, Conservative and Independence lines. If elected, she pledges to “hold people to the same level of personal responsibility that I hold myself.” I love the law; I love being in court.This is my calling; this is my passion,” she says. “Being in court for so many years, I think I know what litigants want: they want to be heard. They want a swift and a just decision that is explainable to them. Family Court trials are all bench trials with no jury and the judge is the trier of fact; the role of the Judge is so important.” O’Callaghan is currently the Deputy Director of the Westchester County Solid Waste Commission. O’Callaghan has extensive experience in Family Court matters, having served as a Senior County Attorney, Supervisor for a unit of Child Support Attorneys and later as the Deputy County Attorney,managing a twenty eight attorney bureau covering the Family Courts in New Rochelle, White Plains and Yonkers. In this capacity, O’Callaghan supervised cases involving child support enforcement, violations of orders of protection, termination of parental rights, child abuse and neglect, juvenile delinquency matters and exten- sions of placement.” She also served as a consultant to the Department of Social Services and was instrumental in obtaining state approval for the Child Fatality ReviewTeam. O’Callaghan states that she “has zero tolerance for domestic violence.” O’Callaghan developed her listening and people skills as a teenager, when she volunteered in the constituent office of a NYS Senator. She later served as Director for Constituent Affairs for NYS Assembly Representative, John Perone and for former County Executive Andrew O’Rourke.O’Callaghan answered phones, followed up on constituent questions and developed suggestions for legislation, “helping everyday people cut through the red tape.” O’Callaghan was the Program Administrator for the Westchester County STOP-DWI Program while working for the O’Rourke administration. (Fines levied against drunk drivers fund the Stop DWI program.) O’Callaghan feels that educational initiatives have made an impact on many drivers and she believes that: “young people have bought into the idea of the designated driver and opportunities for free taxi rides home on certain nights – these are great programs that really work!” Despite a busy career and raising a family, O’Callaghan found time to serve on the Rye Zoning Board of Appeals, 1993- 1996; as well as on the boards of My Sister’s Place (1993-1996) - a woman’s shelter, The Westchester County Board of Ethics and The Westchester Institute for Human Development. O’Callaghan also volunteered as a facilitator at the Westchester Bereavement Center from 2007-the present. If elected,would O’Callaghan serve as “the second prosecutor in the room?” “No, my job is to be fair and impartial. I will not be the second prosecutor.I am certainly not going to sit there and watch an injustice unfold.If it calls for it, I will ask questions from the bench but I will let prosecutors present their cases.” O’Callaghan states that she has no built in bias in awarding custody to the mother, but “would judge each case according to the merits.” O’Callaghan cites her years of profes- sional and public service as evidence of her deep commitment and desire to serve the people of Westchester as a judge. She was a trial attorney for seven years and she also understands how the system func- tions on the agency side. O’Callaghan promises to look out for the best interests of the child without losing sight of the need to protect the community. She holds a B. A. in Government from Sweet Briar College in Virginia, a Master’s of Social Science in Criminal Justice from Long Island University in Dobbs Ferry and a Juris Doctor from Pace University School of Law. O’Callaghan is married to Harold O’Callaghan, Jr. and she is the mother of Tim Higgins, age 26. Life-long Public Servant Patricia O’Callaghan Seeks County Family Court Judgeship By Marike Potter He has been describedas“the winningest” criminaldefense attorney in Westchester County, until April 16, 2010 when Governor Patterson appointed Barry E. Warhit to fill a vacancy on the Westchester County Court. This begs the question, was the governor impressed with Warhit’s knowl- edge of the law or adroitly preventing him from pounding the D.A.’s office in future cases? An interim appointment, Justice Warhit is running on the Democratic and Independence Lines for a ten-year term as a Westchester County Court Judge. When asked about his record of wins versus losses, Warhit modestly declines to offer up a score and instead replies: “I was a prosecutor early in my legal career and I was a criminal defense attorney for the past fifteen years. I tried over sixty cases to verdict before juries, including seven- teen homicides and I have enjoyed a fair amount of success.” As to the Governor’s motives, Warhit replied:“I am flattered that the Governor’s independent screening committee found me to be highly qualified for the position. I have been taking steps to put myself in a position to be a full-time County Court Judge since 2006, when I was appointed as the acting village justice of Tarrytown, where I served for four years. As a village judge, I received judicial training and I will continue those courses. I found the transition to be extremely interesting and I find that being a full-time judge presiding over criminal cases, to be a natural fit, based upon my background and experi- ence. As a judge, I have been able to use my experience from both sides of the case to understand and deal with issues in jury cases involving serious allegations. My experience gives me the perspective to be a fair and impartial judge.” Warhit is a graduate of the Wharton School at the University of Pennsylvania and the Duke University School of Law. He served as an Assistant District Attorney in Manhattan from 1982-85 and as an associate in the New York City law firms of Otterbourg, Steindler, Houston and Rosen (1981-82) and at Lester, Schwab, Katz and Dwyer, (1986 - 1989). Warhit worked for Devonshire Tire, a family business, from 1990-94 and then entered into private practice in White Plains. He appears to be one very thoughtful, careful guy: he made two phone calls during our interview to make sure he was not violating any ethical codes in speaking to me for this story. I wish to state, for the record, that he did not discuss any cases with me. Warhit lives in Scarsdale with his wife, Dr. Ellen Teplitz, of Southern Westchester Dermatology in Tuckahoe. Dr Teplitz, a Dermatologist, is on staff at Albert Einstein School of Medicine. They have two children, Margot and Benjamin. When asked if he supports increased Continued on page 25 Top Criminal DefenseAttorney Has Been BenchedBy Marike Potter