Westchester's Most Influential Weekly - WestchesterGuardian.com

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The Westchester Guardian THURSDAY, October 28, 2010Page 3


Page 4 The Westchester Guardian THURSDAY, October 28, 2010JOHN P. POLLIS, II REALTY CORP.COMMERCIAL MORTGAGE BROKERSCommercial Mortgages for Note Purchases.John P. Pollis, IIPresident, 1986 – presentCall John P. Pollis today at:917.559.4470e-mail jpollis@johnpollisrealty.<strong>com</strong>Tel. (212) 873-9380 • Fax (845) 876-205038 WestCOMMERCIAL75th Street, SuiteMORTGAGESBR, New York, NY 10023FOR NOTE PURCHASESNew to market 1st mortgages for purchases of <strong>com</strong>mercial notes, 7.5%interest, 50% of note price, 30 day closing. Also, apartment buildings, <strong>com</strong>mercialstrip malls and offi ces- fi nancing 4.25% to 5.25%, 30 day closing.Direct Hard MoneyLender14% Interest1 Year Bridge Loans$20,000-$1 MillionSecured by Real EstateImmediate AnswerClosing in 7 DaysCall G. Morales914.632.1243T. 914.632.1243 • Mon.-Fri. 10AM-6PMPolitical Heat WaveContinued from page 2specifically Mayor Amicone and YonkersCorporation Counsel their deflinquencyin acquiring legal Title to the propertyfor which the Yonkers IDA, with MayorAmicone as its chair, induced the GreystoneFoundation with $8 million in taxpayerfunds to build a parking lot upon land theyhave no right to do anything. Will NewYork State be next to file suit against MayorAmicone? It is New York State taxpayerfunds that are at issue here.Will Yonkersiteshave to indemnify the City of Yonkersagainst the State of New York because ofthe allegedly illegal conducted forced uponYonkers by this administration? Is anyonewatching? Has Inspector General DanSchorr caught on yet? If not yet, when willhe catch on?The Father Pat Carole GreeneDevelopment is still a thorn in this writer’sside. When will a lawsuit be brought beforethe courts to remedy that debacle; anothersituation that took place under the aegis ofYonkers Mayor Amicone. Again, a developmentproject, using taxpayer funds, andallegedly doing less than promised. Whoturned a blind eye on that development andwhy? we will soon find out.Does the Yonkers City Council intendto bail out the failed and bankrupt YonkersParking Authoity whose chair is YonkersDeputy Mayor Bill Regan within the hiddenguise of the CIP bond for over $90 millionthat once approved will not permit transparencyas to how and where the funds aredisbursed? Can our elected officials be trustedto do the right thing? Again, I say, “No!”Collectively, they have proven themselvesin<strong>com</strong>petent, arrogant, brazen, andself-involved. If they were only benevolent,we could and would overlook their short<strong>com</strong>ings.Alas, they are not.City Hall, specifically Phil Amiconeand Bill Regan, respectively as Mayorand Deputy Mayor of Yonkers, have gonebeyond the powers granted them theirrespective offices. Under their watch, theYonkers Parking Authority has been bankrupted.Under their authority the FirstAmendment Rights granted by the UnitedStates Constitution have been trashed.Under their watch funds for daylighting theNepperhan River have yet to be divulgedand are allegedly lost, stolen, or morphedbeyond original purpose or scrutiny. Undertheir watch the Yonkers IDA has affordeda developer who does not own Title toproperty they wish to develop an $8 millioninducement to do just that. Under theirwatch, the financial debacle that mustbe uncovered by the Yonkers InspectorGeneral is suspect. We will give him thetime to clear his name with the truth by hisfindings of the financial books of the Boardof Education and specifically the YonkersFederation of Teachers Welfare Fund towhich $4 million is added to the fundedannually. We will watch over his every word.We will prove every falsehood. We have thefacts. It is his turn now. We will have the lastword. The name of Yonkers Public SchoolSuperintendent Bernard Pierorazio amongothers will lose much in the telling of thefacts.Yonkers will be fighting in courts foryears to <strong>com</strong>e, not because of the telling bythe acid-tongued bloggers but rather by theconduct of those who speak in our name yetwield the power we have bestowed them theability to harm us.There have been no beneficial effects oftheir failure. Our educational system is inshambles. Retribution is exacted at MayorAmicone’s every whim.More clever leaders might have keptYonkers from the troubles to which itcontends today. Shame on them all forparking such a sorry legacy upon the Cityof Hills.Yonkers will not easily extract herselffrom the mess they have created. It wouldbe sweet justice indeed for Mayor Amiconeto depart Yonkers City Hall shamed byhis lack of ability, lack of forethought, andpenniless to boot. Why? Because that is thelegacy he has bequeathed Yonkers. Is thereanyone who believes he is deserving eventhe dirt under our collective nails? I don’t.Personally, I prefer knowing whereSassy may be found. I have her $20; and$20 more.While I search for Sassy, ask yourselveswhy Mayor Amicone has been involvedin controlling the Conservative Party inYonkers rather than focusing on the needsof Yonkersites. Mayor Amicone, in conjunctionwith County Executive Rob Astorinoeach languish behind their promises to theirrespective constituents. When it <strong>com</strong>es forthem to deliver to The People, they each havereacted more slowly to our concerns than aburp after a bad meal.Alka Selter, please.


The Westchester Guardian THURSDAY, October 28, 2010Page 5Doug MartinoF O R C O U N T Y C O U R T J U D G EUNMATCHED EXPERIENCEVoteNovember 2Endorsed byRepublican andIndependenCEPartiesLEGAL EXPERIENCEArbitrator; NYS Attorney-Client Fee Dispute Resolution ProgramCity of Mount Vernon Small Claims Court Arbitrator.Mock Trial Judge, Westchester County Bar Association Outreach ProgramMoot Court Judge, Quinnipiac University School of LawPROFESSIONAL EXPERIENCEAttorney at Law Martino & Weiss Mount Vernon, New YorkCounsel to City of Mount Vernon Corporation Counsel, defending Mt. Vernon, itsMayor, employees and the Mount Vernon Police Department in civil rights andnegligence actions in State and Federal District Court.Defense of individuals charged with felonies and misdemeanors throughoutWestchester, Bronx and New York City counties and on appeal to the AppellateDivision, Second Department.Representation of clients in Domestic Relations matters in Supreme and FamilyCourt, including contested divorces, custody/visitation, domestic violence, andsupport litigation.Assistant District Attorney, Westchester Country District Attorney’s OfficeProsecuted defendants from arrest to sentencing, in County and Local Courts,including Grand Jury presentations, motions, appeal, and Jury and Non-Jurytrials.PUBLICATIONSQuinipiac University School of Law, Law Review: Globe Newspapers v, SuperiorCourt, Free Press and the Right of Trial Access, Vol 4, page 189ASSOCIATIONSPace University Women’s Justice Center; representing indigent women in Supremeand Family Court President 1996 – 1998, Mount Vernon Bar AssociationNorth Castle Republican Committee, District Leader 2007 – PresentBoard of Directors, Lion’s Club of ArmonkPUBLICATIONSLaw Review: Globe Newspaper Co. v Superior Court: Fortifying the Right of TrialAccess: University of Bridgeport, Vol. 4 Pg. 359.EDUCATIONQuinnipiac University School of Law, JD, Graduated in top 3%Law Review, 1982 – 1984; Notes and Comments Editor, 1983 – 1984American Jurisprudence Awards in Family Law, Remedies, and Real EstateBAR ADMISSIONSNew 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


Page 10 The Westchester Guardian THURSDAY, October 28, 2010COUNTRYA Tribute to VeteransContinued from page 8world has its warriors and its war heroes;even those with totalitarian governments.In history, the worst dictators have hungmedals on the chests of their war heroes.However, here in the United States ofAmerica when we honor our veterans, weUnder Glass Mfg. Corp.is the exclusivemanufacturerof the originalLord & BurnhamGreenhouses & Solariums.We were established in1989 after acquiring theLord & Burnhamproduct line.Elegance & Function“The growing environmentcannot be <strong>com</strong>promised.”ugmfg@aol.<strong>com</strong>underglassusa.<strong>com</strong>are honoring much more than that. We arehonoring those individuals who have maintained,preserved and protected the greatest,freest nation in the world; the greatest freestnation in the history of the world. We mustrecall that until some 240 years ago not onlywas there no United States of America,there was no country in the world like845.687.4700UNDERGLASS MFG. BOX 81 HIGH FALLS, NY 12440the United States of America. There wereno democracies. There were no republics.There were monarchies and dictatorships.There were emperors, czars and kings; and,when a king died, because presumably heruled by divine right, his son became king.His son became king even if he was a lunaticson; and, in a number of cases that was thesituation.It was our very first veterans, theveterans of the War of Independence, alongwith our Founding Fathers, who brought tofruition what was until then only a dream inthe hearts & minds of the world’s greatestthinkers. It was the idea that people couldgovern themselves. Such a concept was notwidely accepted at the time, particularlyamong those in power around the world.It was our veterans who gave the greatexperiment an opportunity to live: thatpeople could govern themselves, rule themselves, make their own laws, and elect theirown representatives. Yet, in the first centuryof this nation’s life it was challenged manytimes. Many people thought that thisform of government could not survive. Itwas felt that where people rule themselvesthere would be anarchy & chaos. So, inthat first hundred years we were tested by,among other events, in the War of 1812; inconflicts along the Mexican border & ournorthern border; in sea battles on the GreatLakes; frontier battles; and, of course, by ourown tragic Civil War. But on every occasion,in every era, in every location, veteranshad protected, preserved and defended thatexperiment; that dream; that hope for thefuture. As a consequence people began to<strong>com</strong>e from all over the world, all parts of theglobe, to share in that hope for the future;for themselves, for their children and fortheir children’s children.At the end of that first century, inappreciation for what this greatest, freestnation on the planet represented, the Frenchgovernment gave us a present - a hundredthbirthday/anniversary present in the formof the Statue of Liberty. It was the world’sway of saying thank you to this the freest,greatest nation in the world for what hopeit held for the future of all humanity. Andin the base of that monument are engravedthe words of Emma Lazarus - the wordsthat expressed what we felt and what wewere offering to the rest of the world in thenext century to <strong>com</strong>e: “Give me your tired,your poor, your huddled masses yearningto breathe free. Send these the homelesstempest tossed to me, the wretched refuseof your teaming shore. I lift my lamp besidethe golden door”. This great country wasannouncing to the world that for the secondcentury the door was still open, the lampof liberty was still lit and it was available toall those who wanted to <strong>com</strong>e and share inthat continuing experiment & dream, whowanted to share in that hope in the future orfor the future for themselves, their childrenand their children’s children.In the second century they came nolonger by the hundreds and the thousandsas they did in the first century. They camein waves from every continent, every pointon the globe, by the millions and tens ofmillions. There are few of us reading thispublication who are not either a memberof one of those waves or the descendentsof somebody who was in one of thosewaves. However, that second century toowas fraught with danger. This great experiment,this great dream, that people can rule,continue to rule,and govern themselves, andmake their own laws, and elect their ownofficials 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 foughtthe war to end all wars which, of course,it didn’t. Within twenty five years we werefighting the greater war in which over 50million lives were lost. We then defendedthis great dream in Korea, in Vietnam, andin the Cold War between and after thehot wars. It was our veterans on each andevery one of these occasions, on every pointof the globe, who maintained this greatexperiment in self government - who keptthe dream alive - who kept the hope of thefuture alive - for all those who wanted it fortheir children and their children’s children.In this third century, as new waves ofimmigrants <strong>com</strong>e to share in our greatness,the dream continues. The hope for thefuture continues despite perhaps the mostthreatening danger in history to our wayof life which now faces us in the form ofIslamofacism; Sharia Law in the form of aFascistic Theocracy.Our veterans, throughout history, fromthe War of Independence, through ourtragic Civil War, through the great WorldWars to our current War Against GlobalTerrorism share a thread of dedicationwhich announces: “Where I stand, so standsthe American Flag; and, where stands theAmerican Flag so stands a haven of freedomfor those who seek its protection.”And so, we say to all our veterans; agrateful nation, and grateful freedom lovingpeople all over the world say “Thank You”and we salute you!!


The Westchester Guardian THURSDAY, October 28, 2010Page 11RE-ELECTJudge ANTHONYSCARPINOWESTCHESTER COUNTY SURROGATEWestchester county surrogateUnmatched Experience.“Well Qualified”Westchester CountyBar AssociationFPO“Outstanding”WestchesterWoman’s BarAssociationHonest. Strong. Fair.Honest. Strong. Fair.Judge ScarpinoJudge Scarpinoopened up attorney assignments,opened up attorney assignmentstaking politics out of thetaking politics out of theSurrogate’s Court.Surrogate’s Court


Page 12 The Westchester Guardian THURSDAY, October 28, 2010CUISINEFoodchesterOrfino’s—Fine Gold Found in Briarcliff ManorBy Hezi ArisThe winds were blowing. The leaveswere rustling. The sun was fading. Thelast glint of gold was being reflectedoff the rustic accouterments adorningOrfino’s facade. The ornate curtain thatran about the large glass windows uncannilyfocused attention onto the patronsenjoying their repast. My guest and Ientered Orfino’s. We were both bedazzledby the fine art picture ablaze with brightreds, yellows, and blues depicting a quaintvillage scene immersed among a bevy ofpumpkins and corn sitting upon a bed ofstraw. Balancing the color scheme werethe subdued orange and yellow flourishesthat washed the walls, reverentially interspersedwith more fine art oil paintings.Linda Orfino wel<strong>com</strong>ed us, asked if wehad reservations, and ac<strong>com</strong>panied us toout table. The mood was set. Chef andowner Michael Orfino stopped by to say,“Hello.”Michael’s creative passions are recognizedand inspired by many elements.The recipes of his grandmother andmother harken to their days in Bari, Italy.Today, Head Chef Douglas Tucci, alongwith Michael, Michael’s wife Linda, andadult daughter Lina, infuse an amalgamationof various inspirational cues toOrfino’s that <strong>com</strong>bines Italian tastes withAmerican inspiration. Orfino’s kitchen islike a dictionary of tastes and traditionsthat delight the palate and <strong>com</strong>fort thesoul. This is home.The white linen table setting heldan inviting plate of rustic bread, slicedperfectly for dipping into a plate of avariety of olives that were set in a pool ofEDUCATIONThe Hispanic<strong>com</strong>munity is asplugged-in to usingsocial media tools astranslucent virgin olive oil. Sublime.With only one driver, a bottle ofSanPellegrino® sparkling water held thewine selection at bayA fresh green salad began theevening’s delight.The first Primi was the Shrimp &Roasted Corn appetizer of ocean freshshrimp sauteed and served upon a bed ofroasted corn bruschetta. OK. I was smitten.The second Primi conjured theapproach of Halloween and Thanksgiving.Allowing the Fried Pumpkin Ravioli tocool slightly on my plate brought out itslight, nuanced flavor which was so well<strong>com</strong>plemented with an apple butter dip.I was in “foodie” heaven.any other population group.The Hispanic <strong>com</strong>munity is a victimof the digital divide and often lacksaccess to the tools necessary to be<strong>com</strong>eMy palate was dancing upon tastingthe Veal Saltimbocca, which was thinlypounded with prosciutto and sauteedwith fresh sage, butter, and white wine.This dish was exemplary. Chef MichaelOrfino knew how to coax every echelonof <strong>com</strong>plexity out of this dish by beingeasy on the salt content. “Prima!” TheVeal Saltimbocca passed Steve’s ItalianHeritage test with flying tricolors. Steveordered pasta served al dente laced with adelicious tomato garlic sauce.I went the safe route, a Chicken andApples dish consisting of chicken breastsauteed with sliced Granny Smith apples,shallots, and cider. An American traditionratcheted up a notch by Chef MichaelOrfino. I ordered the sweet potato mash.Exquisite, subtle, and wow.Each dish was more tantalizing thanthe next. The food became central to theconversation. who could imagine that thetrials and tribulation of the daily grind, nomatter how exciting and satisfying, couldbe consumed by Orfino’s varied repasts.I ordered a frothy Cappuccino anda slice of Italian cheesecake. It was thebest I have ever tasted.. I was in Venice,Milan, and Rome; but not to Taronto orBari. Alitalia will have to wait. My “Italy”is found in Briarcliff Manor, New York.Little Italy, in downtown New York, andLittle Italy, in The Bronx must be jealousof Chef Michael Orfino. Make yourreservations and find out why.My <strong>com</strong>panion ordered a Cannolo(Cannoli is the plural of Cannolo). I nevercared for this Italian dessert before, but atfirst bite at Orfino’s, I bacame a Cannolotech-savvy.The Hispanic <strong>com</strong>munity is smart inhow it spends its mobile <strong>com</strong>municationsdollars. A $50 phone card allows migrantmaven.. The filling was light, fresh, andmouth watering. The cylindical crustcasing likewise fresh and <strong>com</strong>plementary.Bravo.For a look and description of manyother delicious offerings, check thewebsite at www.orfinosrestaurant.<strong>com</strong>.Chef Michael Orfino’s passion, isreplete with twenty-seven years of tellinghis family story with food. You can tastethe delight in his living life with yourpalate. The oil paintings are an understatedhint of his joie de vivre.My driver summarized the experienceat Orfino’s with brevity albeit succinctly,“The food, ambience and family-friendlydining was classic. A great spot inWestchester to dine with ample parkingand a nice setting.”Wednesday night is now FamilyNight as the Orfino’s serve Family Stylemeals which feed 4 for only $22.00,including salad!Orfino’s lunch menu includes Dailyspecials starting at $8.95 all of their menuchoices are available for take out at lunchor dinner. Orfinos also specializes in off oron premise catering!All major Credit cards are nowaccepted and gift certificates are available.Mon - Tues 11AM - 3PMWed - Fri 11AM - 10PMSat 8:30AM - 10PMOrfino’s—1201 Pleasantville Road,Briarcliff Manor, NY 10510 (914)941-7353Monroe College Panel Explores How Hispanics Embrace Social Media ToolsBy Rob Seitzworkers to keep in touch back homethrough texting, Facebook, the Internet,SKYPE and other social media.The older Hispanic <strong>com</strong>munity has


The Westchester Guardian THURSDAY, October 28, 2010Page 15Jeff Klein:Fighting for Westchester FamiliesState 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 makeour <strong>com</strong>munity the priority in Albany.Senator Klein has: from foreclosure VOTE NOVEMBER 2 www.JeffKleinNY.<strong>com</strong>Paid for by New Yorkers for Klein


Page 16 The Westchester Guardian THURSDAY, October 28, 2010EDUCATIONTaking on Student Stress, the Education System, and “Teaching to the Test”Continued from page 14worried that students aren’t developingskills they need, and parents who aretrying to do what’s best for their kids.“This is a silent epidemic in ournation’s schools. Overstressed kids areheading off to college or the workplaceunprepared and uninspired,” saidIvy Greenstein, the school’s Directorof Outreach. “We all want our childrento grow up happy, healthy and welleducated.As a nation, we’re failing to dojust that.”“We decided to host this screening atGreen Meadow because it is importantto our school <strong>com</strong>munity and sheds lighton educational and societal issues we allface,” Greenstein noted.Nearly 350 students from 13 countiesand almost 90 towns attend theindependent school. Located about 20miles north of New York City, GreenMeadow serves students from nurseryschool through grade 12.Waldorf education is the fastestgrowingindependent school movementworldwide, with 300 schools in the U.S.and nearly 1,000 around the world. Thecurriculum is based on the philosophyof Rudolf Steiner, who founded the firstWaldorf School in Germany in 1919.Green Meadow offers developmentallybased, challenging academic courseworkinfused with the arts. Students areexposed to diverse disciplines and canchoose traditional classes such as modernlanguages and sciences while also learningpractical arts, such as knitting, blacksmithing,and woodworking. The schoolalso limits the use of technology andmedia for younger students, which is nowunderstood by researchers as essential tothe developing brain.Green Meadow graduates go on totop colleges, and the school prides itselfon its multicultural <strong>com</strong>munity; students<strong>com</strong>e from a wide range of socioeconomic,ethnic, religious, and culturalbackgrounds.For more information contact Ivy Greenstein,Director of Outreach, by directing emailcorrespondence to igreenstein@gmws.org, ortelephone 845-356-2514, extension 330.Green Meadow School and WaldorfEducation was founded in Germany in1919 by Dr. Rudolf Steiner. Green Meadowis an accredited member of the New YorkState Association of Independent Schools(NYSAIS), a voluntary association of morethan 140 independent schools in the state ofNew York.MAYOR Marvin COLUMN GOVERNMENTThe Public Service Commission, United Water of New Rochelle, and the Village of BronxvilleBy Mary C. MarvinIt is with greatdisappointmentand frustration thatI announce thatthe Public ServiceCommission sawfit to give our water<strong>com</strong>pany, UnitedWater of New Rochelle, a 34% increasein water rates over the next four years. Toput in context, the average yearly water billtoday is $756. In 2014, the same bill will top$1,017. The Public Service Commission,whose members are appointed by theGovernor, is charged with the duty ofprotecting the interests of citizens whengoing up against monopolistic utilities. Inmy view, they have utterly failed us as ratepayersand demonstrated no sensitivity tocurrent economic conditions.The Public Service Commissiondisregarded the joint concerns of ninemunicipalities and over 30,000 residents.Incredibly, in the Public ServiceCommission’s approved settlement is aprovision allowing for a stunning 10% rateof return for investors in the Paris basedSuez Corporation, the parent <strong>com</strong>pany ofUnited Water of New Rochelle.I will be meeting with my fellowelected officials in the nine <strong>com</strong>munityconsortium as well as our counsel to seewhat options are left. I can tell you wefought this rate hike aggressively, withevery elected official in the consortiumpersonally testifying before the PublicService Commission. Sadly, I think thePublic Service Commission is anotherAlbany institution badly in need of reform.The PSC also refused to consider theconsortium’s request to allot whatever rateincreases they ratified on the usage bill andnot on the hydrant maintenance charge.Instead, the Public Service Commissionalso raised the cost of our hydrant maintenancefees currently one of the mostexpensive fee structures in the nation, by70% costing the Village and the tax payeran additional $62,826, in future budgets.Hydrant maintenance fees are chargeddirectly to municipalities and thus onlypaid by property taxpayers. As a result, allnon-profits including schools, hospitalsand churches who receive fire protectionbenefits from these hydrants share nothingtoward the costs of providing such service.The one bright spot in the PublicService Commission’s ruling was therequirement that United Water prepare astatus report on hydrant maintenance byMarch 31, 2011. Presently, we are not atall confident that our Village hydrants aremaintained properly. We have asked formany years for maintenance records to noavail. In sum, this ruling put the needs of amonopoly above the interest of the citizensthey are charged to protect with <strong>com</strong>pletedisregard for the current economic climate.I continue to research the entire pensionissue in light of the escalating paymentsour Village is required to contribute. Thisproblem is not unique to New York, ratherit is a nationwide phenomenon that isaffecting every taxpayer. For example, inCalifornia, the state’s public employeepension obligations have increased by2000% while state revenues have increasedby 24%. As a result, California hassiphoned off $3 billion from other stateprograms to meet pension obligations. Asa result, the credit spreads on Californiabonds are higher than those of Mexico,Indonesia and the Philippines. Thankfully,New York State does not allow this “robPeter to pay Paul” scenario. Nationwideit is estimated that pension systems areunderfunded by an amount topping $2trillion and this does not even includeretired healthcare benefits estimated to beunderfunded by at least $530 billion. As anexample from neighboring New Jersey, a49 year old retiree paid a total of $124,000toward his pension and benefits over thecourse of his career. The state now oweshim $3.3 million in pension payments andan additional $500,000 in health benefits.This one example starkly illustrates whywe are talking about trillions in nationalretirement obligations.The experiences in Connecticutpresent another example of promises madeto state employees and teachers that areunsustainable. As of 2010, Connecticut’spension debt equates to almost $18,000 forevery man, woman and child living in thestate, translating into one of the highestdebt ratios in the country. Connecticut’scurrent post-employment benefits obligationnow exceeds the state’s annualoperating budget. In an effort to stem thecosts, the City of West Hartford is currentlynegotiating with its teachers’ union to offer401(k) type contribution retirement plansmimicking the private sector.The solution is not in sight. Even ifpension benefit reductions are put in placetoday, it is almost impossible to have thesavings apply to current employees becausein New York, as is the case in most states,pensions are constitutionally protectedobligations. However, given the giganticunderfunding of these obligations, it isnow not unthinkable that a municipalitycould go bankrupt, possibly putting everyobligation, including pensions, in jeopardy.NOTE: Much of the statistical informationwas culled from “Collision Course” byPaul Ingrassia.Mary C. Marvin is the Mayor of the Villageof Bronxville.


The Westchester Guardian THURSDAY, October 28, 2010Page 17GOVERNMENTThe Revitalization of LarchmontBy Bary Alyssa JohnsonLarchmont, apart of uber-wealthyWestchester County,NY has been hit hardby recent economicwoes, but is fightingits way back to the idyllic village it oncewas.Larchmont hit the proverbial rockbottom last year, with several landmarkstores closing up shop due to high rentand a financial deficiency. Growing upin Larchmont, I’ve watched its collapseevery step of the way. Cornerstone shopslike the Larchmont Store and Activewho have died at the unmerciful hands ofa troubled national economy.However, the Village has finallybegun its ascent back to the top, to itsformer hay day, according to LarchmontMayor Joshua Mandell.“I think that Larchmont, like manysmall economies, has gone througha significantly rough patch with thiseconomy,” Mayor Mandell told theWestchester Guardian in an interview.“I’m <strong>com</strong>fortable saying now that thestore closures are last year’s story. Whatwe’re finding now is that we’re openingmore stores than we’re closing.”Sports, both of which were in businessfor decades, were among the first to closetheir doors forever.We’ve also lost high-end boutiquePlaza Too, a small but personal formaggio,Baskin Robbins ice cream shop, andSweet & Nutty, a legendary candy storewith unbelievable customer service. Theowner of the shop memorized the nameand favorite candy of every child whowalked in her door and watched themgrow from children to young adults, stilladdressing them by first name decadesafter their first visit to her candy shop.She lamented that Sweet & Nutty washer joy in life but she was forced to shutdown when rent prices went up. Theseare only a few of Larchmont’s proprietorsAmong the most recently openedbusinesses, Larchmont residents havea variety of options. Burn Fitness, apersonal training studio has opened upon the Boston Post Road. Red Mango,an exclusive franchise of high end yogurtopened on Palmer Avenue and rightbeside that, Recologie has re-opened itsdoors at a new location in order to offergoods and apparel manufactured by recycledproducts.“Lastly, we opened East CoastSurf, Skate and Snow, which is oneof the few areas in this place whereyou can find high quality gear forthose activities,” Mayor Mandell said.Continued on page 18


Page 18 The Westchester Guardian THURSDAY, October 28, 2010GOVERNMENTThe Revitalization of LarchmontContinued from page 17Looking toward the future, plans are in theworks to open up a high-end wine loungeon Boston Post Road, which will be named1891 Wine Lounge. The name 1891 wasdecided upon because that was the yearin which Larchmont was founded. Manyadditional openings are anticipated.The mayor says that the Village ofLarchmont is working hard to be<strong>com</strong>e anattractive destination for people lookingto open new stores. To achieve this, a plancalled Palmer Avenue Streetscape ProjectHISTORYhas been put into the works. The Project isan effort on the part of the Village to re-dothe Palmer Avenue business district so thatit’s more friendly for pedestrian access.Such efforts will include new sidewalksand pedestrian lighting.“We’re hoping to do [that project] inthe Spring of next year,” Mayor Mandellsaid. “We have a grant from New YorkState for $680,000.00 and we’ll use Villagefunds to supplement that. Target <strong>com</strong>pletionis for the end of next year.”Larchmont is making big strides,particularly with the smaller entrepreneurialventures, however the process ofopening these smaller stores is that it’shard for the owners to <strong>com</strong>e up with thefunding. It’s also a lengthy process to getall of the details in place in order to openits doors.According to the Mayor, there was aloading of the Spring in Larchmont anda certain number of people had plans toopen businesses. They had to go throughmonths of process, but now it’s all <strong>com</strong>ingto fruition.Nuremberg Indictment Day (October 18, 1945)By Prof. John Q. Barrett“I think that at the trough we werein a difficult spot, but our turnaround hasbeen remarkable over the last six months,”Mayor Mandell said. “Larchmont is likemany municipalities; <strong>com</strong>peting for a finiteset of individuals prepared to take entrepreneurialrisk and we have to do our bestto make this Village an attractive place forthese people to open their businesses.”Local resident Bary Alyssa Johnson coversthe Larchmont and Mamaroneck beat, aswell as the evolving world of electronics andtechnology.Sixty-five yearsago the InternationalMilitary Tribunal(IMT) held its firstpublic session. It metin Berlin, its officialseat, in the GrandConference Room ofthe Allied Control Authority Building.The session lasted about one hour.The IMT was <strong>com</strong>prised, on that dayand throughout its work over the nextten-plus months, of eight judges. MajorGeneral I.T. Nikitchenko of the SovietUnion served that day as IMT President.His colleagues were Lord Justice GeoffreyLawrence of the United Kingdom, Mr.Francis Biddle of the United States, andMonsieur Professor Donnedieu de Vabresof the French Republic. Also present werethe alternate members of the Tribunal:Lieutenant Colonel A.F. Volchkov of theUSSR, Mr. Justice Norman Birkett of theUK, Judge John J. Parker of the US, andM. Le Conseiller Robert Falco of France.After General Nikitchenko declaredthe session open, the British chief prosecutor,His Majesty’s Attorney-GeneralSir Hartley Shawcross, announced thatthe chief prosecutors had agreed on anindictment. He then called on each of hiscounterparts, the Soviet Chief ProsecutorGeneral R.A. Rudenko, the French ChiefProsecutor M. François de Menthon,and United States representative FrancisM. Shea, to speak. Each made a briefstatement, which then was translatedorally into the other languages, andeach presented a copy of the indictmentprinted in his own language to the IMT.General Nikitchenko then announcedthat an Indictment had been lodgedwith the Tribunal setting out chargesagainst twenty-four persons: HermannWilhelm Göring, Rudolf Hess, Joachimvon Ribbentrop, Robert Ley, WilhelmKeitel, et al. Nikitchenko announced thatGerman language copies of the IMTCharter, the Indictment and ac<strong>com</strong>panyingdocuments would be served uponthese defendants immediately, that theywould be informed of their rights todefend themselves or to select defensecounsel, that they would receive rules ofprocedure for production of witnessesand documents for “a fair trial with a fullopportunity to present their defense,” thattrial would <strong>com</strong>mence in Nuremberg nosooner than thirty days after service ofthe Indictment, and that Lord JusticeLawrence would preside at the trial.Nikitchenko also gave notice that theprosecutors intended to ask the IMT todeclare six specified organizations—theReich Cabinet, the Leadership Corps ofthe Nazi Party, the SS, etc.—to be criminal,and that any member thereof couldapply for leave to be heard on the questionof that organization’s criminality.After these announcements had beentranslated orally, and somewhat slowly,into French, English and German, theIMT adjourned. The judges left immediatelyfor Nuremberg. The US, French andSoviet judges, flying together in a planethat General Dwight D. Eisenhower hadmade available to Judge Biddle, arrivedin time for dinner. The British judges,flying in their own plane, encounteredbad weather and had to divert to London.Justice Robert H. Jackson, the UnitedStates Chief of Counsel, was not presentin Berlin for the filing of the Indictment.He had spent much of the previous weekthere, meeting, working and waitingfor judges, generals and other prosecutorsto arrive. On Wednesday, October10th, Jackson, fed up with the confusionand delays in Berlin, had flown back toNuremberg to resume trial preparation,leaving his close friends and senior assistantsGordon E. Dean and Francis Sheain charge in Berlin. (On Jackson’s flightback to Nuremberg, he and colleagueslistened to an Armed Forces Networkradio broadcast of the Detroit Tigersbeating the Chicago Cubs, 9-3, in the7th and final game of that year’s WorldSeries.)Eight days later, as Francis Shea andthe others arrived in Nuremberg fromfiling the Indictment before the IMT inBerlin, Justice Jackson was a hosting acocktail party at his requisitioned Germanhome. He had invited about forty officersto celebrate the awarding of the Legion ofMerit to his executive officer, Col. RobertJ. Gill. One diarist noted that “[i]t was avery nice party—the table in [Jackson’s]dining room was a work of art—bothwith floral decoration and with canapésetc. It was all done by enlisted men—butI discovered that the man in charge wasformerly with the Stork Club in NewYork.”Jackson planned, following that cocktailparty, to host a dinner and dancing athis home that evening for all of his staff.At the last minute, however, the TheaterCommanding General said no—heobjected to the idea of enlisted men andofficers being together at such an event.A young American secretary wrote hometo her mother and sister that Jackson“argued his head off but it didn’t work andso the whole thing was cancelled.”John Q. Barrett is a Professor of Law at St.John’s University in New York City, wherehe teaches constitutional law, criminalprocedure and legal history, and he is theElizabeth S. Lenna Fellow and a boardmember at the Robert H. Jackson Center inJamestown, New York. This summer, he isteaching in St. John’s program at ISDE inBarcelona. Professor Barrett has in the pastbeen named a “Professor of the Year” by St.John’s law students and in 2009 received aFaculty Outstanding Achievement Medalfrom the University. He is a graduateof Georgetown University (1983) andHarvard Law School(1986).If you wish to join the Jackson List, send a“subscribe” note to barrettj@stjohns.edu.


The Westchester Guardian THURSDAY, October 28, 2010Page 19INVESTIGATIONS20 Seconds By Nancy KingA period of 20 seconds in the earlymorning hours of Sunday, October 17th2010, ended the life of Pace Universityjunior Danroy DJ Henry and foreverchanged the lives of three police officers,Henry’s family, about one hundredfifty bar patrons, the entire campus ofPace University at Pleasantville, and theresidents of the Town of Mt. Pleasant.Twenty seconds is all that was needed fora failure of both sides to <strong>com</strong>municate;leading to two decisions that regrettablycan never be reversed.On Saturday, October 16th, PaceUniversity at Pleasantville was hostingtheir annual home<strong>com</strong>ing football game.College home<strong>com</strong>ing celebrations arenotorious party weekends, and by allaccounts,this was no different. Drinkinghad <strong>com</strong>menced early in the day accordingsome who attended the football gameagainst Stonehill College. Making theevent all the more special for Henry wasthat his childhood friend Desmond Coxwas playing on the opposing team. Afterattending two more celebratory gatheringsat Pace’s townhouse dorms, the partymoved two mile south to Finnegan’sGrill in the Thornwood Town CenterShopping Plaza in Thornwood.Finnegan’s Grill is one of those sportsbars that also calls itself an Irish Pub.Tucked away in the corner of the shoppingmall, Finnegan’s touts itself as agathering place that encourages familydining during the day and evening dinnerhours. After 9PM on any given weekend,Finnegan’s is known as an establishmentthat has its fair share of alleged underagepatrons. Its <strong>com</strong>mon knowledge in some ofthe hamlets in Mt. Pleasant, that you cango there, under the age of 21 and allegedlybe served a drink. That’s not surprising,that allegedly happens everywhere. Whatis surprising is that Finnegan’s also hasa reputation of allegedly being prettyrowdy on those late weekend nights. Itgets crowded there largely in part becauseparking is free and accessible in the shoppingcenter. It’s a place where uniformservice members are known to hang outand watch sports as well. Despite thedrinking age being 21 here in New YorkState, and having off duty law enforcementpersonnel frequenting Finnegan’s,there was still alleged underage drinkinggoing on in there.On the night in question, the bar wascrowded; there were a few fights. Againthis was not unusual. But whether itwas the result of a long day’s drinking orsomething else, Finnegan’s managementwas allegedly unable to get those kidsunder control. According to eyewitnesses,after management’s alleged inability toquell the disputes that kept cropping up,a decision was made to close the bar forthe night. What resulted was a crowd ofperhaps 150 young people, some of whomwere still experiencing alcohol inducedsquabbles began piling out onto the sidewalkand into the parking lot. Whether ornot any bouncers made it outside to movethe crowd along has not been yet beendetermined or corroborated.It was at this time that DJ Henry wassitting in his Nissan Altima chatting it upwith two friends while waiting for a thirdto make his way to the car. Mr. Henryhad his car parked in a fire lane, whichis a pretty <strong>com</strong>mon sight in that shoppingcenter. His passengers stated thatthey were talking about their future careerplans. Many <strong>com</strong>mentators conjectureit strange that such a conversation tookplace, however those who have spent timeamong college age students recognizehow captivating this subject is to manyyoung adults. At 20 years of age, most ofthem still have that sort of romanticizedview of what life will be like when theyleave college. And they like to talk aboutit…. a lot. So after a particularly joyousday, there is nothing odd about two childhoodfriends reminiscing about their pastand planning for their future.A lot can be said about 20 year olds.They are old enough to vote, marry, andgo to war. But 20 year olds don’t possessa whole lot of life experience. They canoftentimes find themselves often victimsof their own inexperience which also leadsthem to sometimes making rash decisions.DJ Henry may have made a poor decisionin not rolling down his window whenContinued on page 20


Page 20 The Westchester Guardian THURSDAY, October 28, 2010HAL GREENWALDA Family Court AttorneyForFamily Court JudgeVOTEGREENWALDWEsTChEsTEr COunTyFAmily COurT JudgEdemocratic Conservative Working FamiliesTuesday, november 2, 2010George is always therewhen we need him.George Latimer ison our side. Every day.Paid for by Latimer for Assembly. Fred Baron, Treasurer• Fighting high taxes• Cutting spending• Ethics Reform• Supporting our <strong>com</strong>munityinstitutions• Tough anti-crime laws• Flood control funding• Strong environmental protectionAlways availableto hear our point of viewINVESTIGATIONS20 SecondsContinued from page 19Police Officer Ron Gagnon knocked onthis car’s window. It’s early in the investigationso it’s not known whether OfficerGagnon told him to step out of the caror to move it out of the fire lane. Afteryears of watching Police Officers movecars from a fire line, one would be inclinedto deduce that Gagnon asked Henry tomove. At the same time, PleasantvillePolice Officer Aaron Hess had movedto the front of the car. Questions aboundas to whether Officer Hess ordered thecar to stop, to go, or if he had even seenOfficer Gagnon interact with Mr. Henry.It is at the confluence of these momentseverything seems to go awry. DJ Henryputs his foot on the gas and Police OfficerHess ends up on the hood of DJ Henry’scar while the car continues to moveforward, grazing a Mt. Pleasant PoliceOfficer with a side mirror. By now it hasbe<strong>com</strong>e evident all the protagonists are ina heightened state of alleged agitation andpanic; and Police Officer Hess and PoliceOfficer Beckley fire their weapons withP.O. Hess firing through the windshieldand P.O. Beckley firing at one of the tires.By the time the car had <strong>com</strong>e to a stop,it had travelled about 60 feet; not a longdistance for 15 seconds of time. Whenyou sit down and do the math, 60 feet,traveled within 15 seconds would calculateto approximately 4 feet per second,equivalent to a speed of 2.72 mph. Notfast, but fast enough to know that whenyou have a police officer hanging ontoyour windshield, things are about to getreal bad, super fast. Looking at eyewitnessvideo taken with a cell phone shows achaotic aftermath of panicked police officerswaving their guns to hold the crowdback from a fatally injured DJ Henry. Bythe time this melee was over there hadbeen four arrests, five shots fired and atwenty year old man killed; and enoughquestions to keep the state police and theWestchester District Attorney’s officebusy for months.In the days immediately followingthis tragedy, Pace University has heldtwo press conferences and a candlelightvigil. The week’s football game had beencanceled. Counseling has been offered tothe students. Over the same time period,Mt. Pleasant Police Chief Louis Alagnohad also held a press conference statingthat he is unable to make a statementon the specifics of the incident while theinvestigation, which is being handledby the New York State Police and theWestchester County District Attorney’sOffice is under way. In addition, someof the students and the Henry familyhave retained attorneys. Students havehired Bonita Zelman and are chargingthe Mount Pleasant Police Departmentshowed excessive force and brutality innot allowing them to perform first aidon Henryy. The Henry family has hirednoted Civil Rights Attorney MichaelSussman to investigate whether the menwere targeted unfairly because they wereof African-American descent. And onThursday, The National Associationof Black Police Officers issued a statementalso calling for a full investigation.One hopes that this investigation doesnot be<strong>com</strong>e an issue of race. Any investigatorwho uses race as a basis of theirinvestigation is doing nothing more thanpandering and posturing for money later.This investigation begs for the wholetruth to be told, no matter how painful.It also must remind us that oftentimes,a split second decision may not have theout<strong>com</strong>e that it was intended to have.Bar owners who allow underage patronsmust enforce the age limit to those whomay gain entry to their establishments.Rather to lose a few bucks than a patronlose their life. As for the actions of thevarious police departments, we have allwatched reality TV where a routine trafficstop ends tragically for an officer. We haveall watched enough TV shows that depicta young man trying to out run the cops.This is real life. You just don’t do that evenif you are afraid of the ramifications ofbeing underage and in a bar. DJ Henry’sdeath must teach us that if a police officertells you to do something… just do it. Ifyou feel you have been wronged, you canargue it in court later; that is the basis andpurpose of the courts.There may well be no clear “rights” orno clear”wrongs” in this case. It may welltake 20 weeks to <strong>com</strong>plete the investigation.More than 20 individuals had theirlives forever changed in just 20 seconds.


The Westchester Guardian THURSDAY, October 28, 2010Page 21JUDGESJudgeMatthew J.Byrne was bornin RocklandCounty, NewYork, the son ofthe late Judge John J. Byrne and the lateKathleen Sweeney. After attending DonBosco Preparatory School in Ramsey,New Jersey, Judge Byrne then attendedManhattan College in The Bronx. AtManhattan, he studied Government andPolitics and graduated with a Bachelor ofArts in 1988.he was appointed by Rockland County’sAfter her breast cancer diagnosis, doctors advisedAfter graduation from Manhattan, Executive as an Assistant CountyAttorney, advising several county departmentson did their legal not matters, receive including a stem cellAnn Toglia that if shevarious boards and <strong>com</strong>missions, andtransplant, she would including die defending within litigation brought a year.Matthew began his professional career,taking a position with Liberty MutualInsurance in Scarsdale, New York wherehe worked for the next three years. At thesame time, he applied, and was acceptedto Pace Law School. Like so many, heworked full time while studying lawJudge Matthew J. ByrneInfusing the Court with Legal and Judicial BalanceWhen Blue Cross/Blue Shielddenied the treatment, Anncontacted Mike Spano. Mike wentAfter her breast cancer diagnosis, right doctors work, doctors fighting advised to advised reverse Ann Toglia that if she did nottheir decision.receive Ann Toglia a stem cell that transplant, if she did she not would receive die within a stem a cell year.As a result, Ann got the stemtransplant, she would When die Blue within Cross/Blue a Shield year. denied the treatment, AnnLooking out for our families.Looking out for our <strong>com</strong>munities.Election Day is November 2751-8811 • www.mikespano.<strong>com</strong>simultaneously.Having a father with a distinguishedlegal and judicial career, he then attendedPace with the desire of eventually joiningthe ‘family business’; his father’s longestablished law firm in Suffern, NewYork. Judge Byrne graduated from PaceLaw School in 1992, continued in thecorporate world for two more years, thenemployed by The General ReinsuranceGroup in Stamford, Connecticut.In 1994, Matthew joined his father’sfirm as an associate. At the same time,against the County.Later that same year, in a sad twist offate, Matthew’s father, Judge John J. Byrnecell transplant and lived 8 morecontacted Mike precious Spano. Mike years. went She became right to work, fightingto reverse their a When decision. Medical Blue Exercise Cross/Blue Specialist Shield– denied sharing the her treatment, experience Ann andAs a result, Ann knowledge got thecontacted Mike with stem patients cell transplantSpano. Mike and the and livedwent8 more precious medical rightyears.to <strong>com</strong>munity. work,She becamefighting Ann a Medicalto even reverseExerciseSpecialist – sharing wrote their and her decision. experience published and a book knowledge withpatients and the detailing medical exercises <strong>com</strong>munity. to counteract Ann even wroteand publishedthea As booknegative a result, detailing Ann effectsexercises got of the cancerto stem counteract thetreatments cell transplant and surgery.negative effects of cancer treatmentsand livedand surgery.8 moreprecious years. She becamea Medical Exercise Specialist– sharing her experience andknowledge with patients and the® ®suddenly passed away during his re-electioncampaign for Justice of Suffern,New York. Matthew was approached byparty leaders and asked to be a candidatefor his position at that time. Reluctantly,given the rather emotional time for hisfamily, but at the urging of his Mother,he accepted the nomination to run, andwas elected (after being appointed bythe Democratic Mayor to fill the temporaryvacancy) to a full four year term inNovember 1994.Since 1994, Judge Byrne has beenelected and re-elected four times, currentlyserving in his fourth-four year term,<strong>com</strong>pleting sixteen years of service thisyear in an overwhelmingly DemocraticVillage, despite being a Republican. Hispolitical independence has earned himthe respect of many from across partylines in his <strong>com</strong>munity.As the Judge of Suffern, Judge Byrnemedical M<strong>com</strong>munity. Ann ikEevenwrote and published a bookdetailing exercises to counteractthe negative effects of cancertreatments and surgery. S p a n ohas handled thousands of civil and criminalmatters in one of the busiest JusticeCourts in Rockland County and hasearned a reputation as a fair and impartialjurist, giving all litigants their fair day incourt, their opportunity to be heard, andrendering decisions based upon the soundapplication of the law.In sixteen years of private law practice,Matthew Byrne has representedhundreds of clients and their families ina wide array of legal matters, sometimesrepresenting several generations in onefamily over his many years of practice. Hisprivate law practice consists of handlingcivil matters on behalf of his clients,including estate planning, administrationand probate, real estate transactions forpersonal clients and lending institutions,guardianships, corporate formation, andmatters involving New York State MentalHygiene Law, among other areas.FOR STATEASSEMBLY


Page 24 The Westchester Guardian THURSDAY, October 28, 2010JUDGESPatriciaO’Callaghan,Esq. of Rye, is running for a ten-yearterm as Westchester Family CourtJudge on the Republican, Conservativeand Independence lines. If elected, shepledges to “hold people to the same level ofpersonal responsibility that I hold myself.” Ilove the law; I love being in court. This is mycalling; this is my passion,” she says. “Beingin court for so many years, I think I knowwhat litigants want: they want to be heard.They want a swift and a just decision thatis explainable to them. Family Court trialsare all bench trials with no jury and thejudge is the trier of fact; the role of the Judgeis so important.” O’Callaghan is currentlythe Deputy Director of the WestchesterCounty Solid Waste Commission.O’Callaghan has extensive experiencein Family Court matters, having servedas a Senior County Attorney, Supervisorfor a unit of Child Support Attorneys andlater as theDeputy County Attorney, managing atwenty eight attorney bureau covering theLife-long Public Servant Patricia O’Callaghan SeeksCounty Family Court JudgeshipBy Marike PotterFamily Courts in New Rochelle, WhitePlains and Yonkers. In this capacity,O’Callaghan supervised cases involvingchild support enforcement, violationsof orders of protection, termination ofparental rights, child abuse and neglect,juvenile delinquency matters and extensionsof placement.” She also servedas a consultant to the Department ofSocial Services and was instrumental inobtaining state approval for the ChildFatality Review Team. O’Callaghan statesthat she “has zero tolerance for domesticviolence.”O’Callaghan developed her listeningand people skills as a teenager, whenshe volunteered in the constituent officeof a NYS Senator. She later served asDirector for Constituent Affairs for NYSAssembly Representative, John Peroneand for former County Executive AndrewO’Rourke. O’Callaghan answered phones,followed up on constituent questions anddeveloped suggestions for legislation,“helping everyday people cut through thered tape.” O’Callaghan was the ProgramAdministrator for the WestchesterCounty STOP-DWI Program whileworking for the O’Rourke administration.(Fines levied against drunk drivers fund theStop DWI program.) O’Callaghan feelsthat educational initiatives have made animpact on many drivers and she believesthat: “young people have bought into the ideaof the designated driver and opportunities forfree taxi rides home on certain nights – theseare great programs that really work!”Despite a busy career and raising afamily, O’Callaghan found time to serveon the Rye Zoning Board of Appeals, 1993-1996; as well as on the boards of MySister’s Place (1993-1996) - a woman’sshelter, The Westchester County Boardof Ethics and The Westchester Institutefor Human Development. O’Callaghanalso volunteered as a facilitator at theWestchester Bereavement Center from2007-the present.If elected, would O’Callaghan serve as“the second prosecutor in the room?” “No, myjob is to be fair and impartial. I will not bethe second prosecutor. I am certainly not goingto sit there and watch an injustice unfold. If itcalls for it, I will ask questions from the benchbut I will let prosecutors present their cases.”O’Callaghan states that she has no builtin bias in awarding custody to the mother,but “would judge each case according to themerits.”O’Callaghan cites her years of professionaland public service as evidence ofher deep <strong>com</strong>mitment and desire to servethe people of Westchester as a judge. Shewas a trial attorney for seven years and shealso understands how the system functionson the agency side. O’Callaghanpromises to look out for the best interestsof the child without losing sight of theneed to protect the <strong>com</strong>munity. She holdsa B. A. in Government from Sweet BriarCollege in Virginia, a Master’s of SocialScience in Criminal Justice from LongIsland University in Dobbs Ferry and aJuris Doctor from Pace University Schoolof Law. O’Callaghan is married to HaroldO’Callaghan, Jr. and she is the mother ofTim Higgins, age 26.He has beendescribed as “thewinningest”criminal defenseattorney inWestchesterCounty,until April 16, 2010 when GovernorPatterson appointed Barry E. Warhit tofill a vacancy on the Westchester CountyCourt. This begs the question, was thegovernor impressed with Warhit’s knowledgeof the law or adroitly preventing himfrom pounding the D.A.’s office in futurecases? An interim appointment, JusticeWarhit is running on the Democratic andIndependence Lines for a ten-year termas a Westchester County Court Judge.When asked about his record of winsTop Criminal Defense Attorney Has Been BenchedBy Marike Potterversus losses, Warhit modestly declines tooffer up a score and instead replies: “I wasa prosecutor early in my legal career andI was a criminal defense attorney for thepast fifteen years. I tried over sixty casesto verdict before juries, including seventeenhomicides and I have enjoyed a fairamount of success.”As to the Governor’s motives, Warhitreplied: “I am flattered that the Governor’sindependent screening <strong>com</strong>mittee foundme to be highly qualified for the position.I have been taking steps to put myself ina position to be a full-time County CourtJudge since 2006, when I was appointedas the acting village justice of Tarrytown,where I served for four years. As a villagejudge, I received judicial training and Iwill continue those courses. I found thetransition to be extremely interesting and Ifind that being a full-time judge presidingover criminal cases, to be a natural fit,based upon my background and experience.As a judge, I have been able to usemy experience from both sides of the caseto understand and deal with issues in jurycases involving serious allegations. Myexperience gives me the perspective to bea fair and impartial judge.”Warhit is a graduate of the WhartonSchool at the University of Pennsylvaniaand the Duke University School ofLaw. He served as an Assistant DistrictAttorney in Manhattan from 1982-85and as an associate in the New YorkCity law firms of Otterbourg, Steindler,Houston and Rosen (1981-82) and atLester, Schwab, Katz and Dwyer, (1986- 1989). Warhit worked for DevonshireTire, a family business, from 1990-94and then entered into private practice inWhite Plains. He appears to be one verythoughtful, careful guy: he made twophone calls during our interview to makesure he was not violating any ethical codesin speaking to me for this story. I wishto state, for the record, that he did notdiscuss any cases with me.Warhit lives in Scarsdale with hiswife, Dr. Ellen Teplitz, of SouthernWestchester Dermatology in Tuckahoe.Dr Teplitz, a Dermatologist, is on staffat Albert Einstein School of Medicine.They have two children, Margot andBenjamin.When asked if he supports increasedContinued on page 25


The Westchester Guardian THURSDAY, October 28, 2010Page 25JUDGESJudge WarhitContinued from page 24judicial discretion in sentencing hereplied: “The range of sentences is setby the Legislature and I am <strong>com</strong>fortablewith that; as a judge I am bound tofollow the laws made by the legislature. Iam happy to work within the system andhonored to be a member of the judiciary.”With regard to his experience onthe bench to date, Warhit “believes thatlawyers who <strong>com</strong>e before me are treatedwith respect and professionalism. I wasa lawyer for many years and I understandthat lawyers on both sides are workingvery hard in advocating their respectivepositions. I can assure the people ofWestchester that I will dedicate myself tobeing the best possible judge that I can beand that I will use all of my knowledgeand experience gained as a prosecutor anda defense lawyer to ac<strong>com</strong>plish that.”Will Judge Warhit function as “thesecond prosecutor in the room?” “No,”he replies. “My role is to ensure that thedefendant receives a fair trial. All lawyersappearing in my court room will adhereto the rules of law and evidence.”ElectJim MaisanoSupreme Court JusticeMOVIE REVIEWSEd Koch Movie ReviewsBy Edward I. KochBy Edward I. KochMovie Review: “Mao’s Last Dancer” (+)The movie is based on Li Cunxin’sautobiography. It’s no blockbuster, butit is a pleasant, enjoyable and interestingfilm.It opens in China in 1972 and introducesus to a peasant family. One of theirsons, Li Cunxin, is plucked from hishome of abject poverty by a Communisttalent team and sent to Beijing to betrained as a ballet dancer. Li Cunxin is a<strong>com</strong>mitted Communist being indoctrinatedin the way every German child wasin the Hitler Jugend. In 1981, he is sentto Texas to work with the Houston BalletCompany directed by Ben Stevenson(Bruce Greenwood). Li Cunxin is playedas an 11-year-old boy by Huang Wenbin,as a teenager by Guo Chengwu, and as anadult by Chi Cao who, of course, is a trueballet star in real life.Ultimately, Li Cunxin is called backto China at his government’s requestwhich he resists using the legal servicesof immigration attorney Charles Foster(Kyle MacLachlan). The movie occasionallyborders on a soap opera, but theexcellent acting by the entire cast keepsit from falling overboard. I saw it at theQuad Cinema, located at 34 West 13thStreet.I went to China in 1979 when Iwas mayor. Visitors from the West wereso rare that crowds followed me andmembers of my party along the streets. Atthat time, China was still overwhelminglyagricultural and poverty stricken. Todayit is the second highest user of energy inthe world, having replaced Japan, and itsarchitecture and skyscrapers rival the bestin the world. Gee, I’d like to return andvisit once again.The right experience for the bench:• Practicing Attorney• County Legislator• Marine Corps VeteranEndorsed by the Republican,Independence, andConservative Parties.Paid for by Maisano for Justicewww.JimMaisano.<strong>com</strong>914–355-9205


Page 26 The Westchester Guardian THURSDAY, October 28, 2010MOVIE REVIEWSEd Koch Movie ReviewsBy Edward I. KochMovie Review: “Inside Job” (+)This documentary about the 2008financial crisis is, in effect, a one-manoperation. The man is Charles Fergusonwho collaborated on the script, directedthe film, and interrogated people in theNew York financial industry who agreedto go on camera. For some others, he usesvideo clips.Ferguson interviews a host of WallStreeters asking how the Great Recessionoccurred. Many of those interviewed<strong>com</strong>e across as caricatures and dumb onesat that.In my opinion, the officials responsiblefor the debacle are Robert Rubinand Larry Summers, Secretaries of theTreasury under President Clinton, HenryPaulson, Treasury Secretary under GeorgeW. Bush, and Timothy Geithner, TreasurySecretary under President Obama.Summers is the outgoing Director of theNational Economic Council. Equallyguilty is Alan Greenspan, who served asFederal Reserve Chairman for 18 yearsunder four presidents. He led the countryinto deregulation from the start of histerm. Deregulation is the major cause ofthe debacle, as well as pathetically ineffectivesupervision by agencies which didhave regulatory authority.Larry Summers is leaving his WhiteHouse position as Director of the NationalEconomic Council. When he was thepresident of Harvard University, he wasattacked for raising a controversial issueconcerning the proficiency of women incertain professional fields. At the time,I thought he was unfairly attacked as amisogynist, having been requested to posea controversial question which did notreflect his own views. I now believe hisair of superiority contributed to the angerof women and that he too was one of theprime culprits in bringing on the GreatRecession. Summers recently announcedthat he is leaving the Obama administrationat the end of this year to return toHarvard to save his tenure.Interestingly, Summers has beenshown unfavorably in two recent movies.Not only “Inside Job,” but he wasportrayed in “The Social Network” asan arrogant stuffed shirt. You should seeboth films.I believe President Obama has tobe held responsible for bringing into hisadministration the very people, along withothers, responsible for the fall of America’seconomy: Summers and Geithner. In theopinion of many, President Barack Obamasold out America to the insurance <strong>com</strong>paniesand the prescription drug industry inthe recently passed <strong>com</strong>prehensive healthinsurance legislation. Similarly, he andmembers of Congress have sold us out toWall Street and continue to do so.I will only be convinced that he isdefending the public, which has beenraped by Wall Street, if he directs AttorneyGeneral Eric Holder to establish a specialunit to go after the Wall Streeters who<strong>com</strong>mitted illegal acts. How can it be thatso few are held criminally responsible forthe debacle?Humorously, in the film Fergusoninterviews former New York StateGovernor Eliot Spitzer, who had tostep down as governor because of a sexscandal. To his credit, Spitzer took onWall Street’s excesses when he was NewYork’s Attorney General. Even morebizarre is Ferguson’s interview with themadam who provided Spitzer and otherswith prostitutes. She <strong>com</strong>ments on howWall Street firms used prostitutes in theirbusiness activities for the pleasure of theirclients. She is now on the ballot as acandidate for New York State governor.The picture powerfully sets forthstatistic after statistic, fact after fact, onwhat occurred when the nation slippedinto the Great Recession and neededhuge federal bailouts to recover. Thatscript should be made available in bookform so that those statistics and factsremain readily available.The most impacting aspect of thispicture, as well as a similar treatmentprovided by Channel 13’s “Frontline”show on the same subject, is that few, ifany, appear to have been subject to criminalliability. Even worse, for the mostpart, those responsible have kept theirmillions and billions of dollars and havebe<strong>com</strong>e even wealthier since the recovery,while ordinary Americans continue tosuffer.I saw the film at the Lincoln PlazaCinema, 1886 Broadway at 63rd Street.Henry Stern said: “This is a finemovie which more people should see.It casts a baleful eye on Wall Streetmanipulation, fueled by false rumors, andCongressional deregulation, lubricated bymassive lobbying.Unmentioned here is that what BernieMadoff did was illegal under existing law.The Feds couldn’t catch him because theywere inept. Dumb cops usually don’tcatch smart robbers.There is a reason profit is called‘the bottom line.” For many, it is whatVince Lombardi called winning. Peopleare trained at great expense to pursue it.‘Inside Job’ exposes weaknesses in the richand famous. It doesn’t tell us what theyshould have been doing.I re<strong>com</strong>mend this movie. It is as closeto the inside as most of us will ever get.True, the documentary is one-sided, butthat is because what happened is indefensible,except possibly to Ayn Rand.”Check out videos of these and otherreviews on my website, Mayor at theMovies website. And don’t forget tofollow me on Twitter! Let him know yourthoughts by directing email to eikoch@bryancave.<strong>com</strong>.The Honorable Edward Irving Koch servedNew York City as its 105th Mayor from1978 to 1989.


Page 28 The Westchester Guardian THURSDAY, October 28, 2010OPED ED KOCH COMMENTARYCanada Appears More Protective of Its Children Than Is the U.S.By Edward I. KochProtectingOur Children;Housing MortgageForeclosures; Deportation of IllegalImmigrants; and the UnincarceratedWealthy CriminalsAccording to The New York Timesof October 14th, Canada “has declaredbisphenol A [BPA], a chemical widelyused to create clear, hard plastics, as wellas food can liners, to be a toxic substance.”This followed Canada’s ban of BPA twoyears ago “in polycarbonate bottles usedby infants and children.” The <strong>com</strong>poundcan still be used in a host of products inCanada, but “the move would make iteasier to ban the use of BPA in specificproducts through regulations.” The decisionwas “condemned by the AmericanChemical Council.”It is true that the European FoodSafety Authority has not banned BPA,but both France and Denmark have“imposed bans on some uses of BPA.”When the United States refusedto allow thalidomide to be sold in thiscountry, even though it was being soldin Europe, we saved countless childrenfrom being born limbless and otherwisedeformed. Shouldn’t we err on the sideof safety with regard to BPA, especiallywhen children are most prone to absorbthe chemical and “the highest concentrationsof the <strong>com</strong>pound were found inteenagers, with younger children a closesecond?”Our economy, still reeling from thehousing crisis, now has to confront a newand devastating development -- a largenumber of questionable housing mortgageforeclosures. As an October 3rdNew York Times editorial reports, “Sincethe bubble burst, efforts to rework badloans have been slowed by the lenders’resistance, and by their in<strong>com</strong>petence.”The article continued, “…foreclosures,RiveRview CouRtAPARtMeNtS 47 RiveRdale ave., YonkeRs, nY1 & 2 BR apaRtments at a GReat pRice!1 BR staRtinG at $1075 • 2 BRs staRtinG at $1300914.798.9410• High-Rise Building and Views of the Hudson and Historical Yonkers• Nearby Public Transportation, Shopping/Restaurants, the Hudson Riverand only 15 min. away from NYC• Fitness Center On-Site• 24 Hours Access Control Patrol• Large State of the Art Laundry Room• 24 Hr. Maintenance• On-Site Management• Reasonably-Priced Indoor Parking On-Site, with Controlled Access• Resident Lounge• Business Center• Beautiful Courtyard in the center of the <strong>com</strong>plexwith well-appointed landscape areasTTY # 800.662.1200Riverview CourtDoes NotDiscriminateOn The BasisOf Disability.15 min.FRom nYcviametRo noRth!the end of the mortgage pipeline, havealso been handled with a disregard forrules and standards.”Wouldn’t it make sense to considercreating a new division in the bankruptcycourts to deal with “the prospect thatsome families may have lost their homesin a less than legal process and that somebuyers of foreclosed houses may not haveclear title to their properties?”Congress should give to bankruptcycourt judges the power to remake theterms of mortgages, a reform which theCongress refused to enact the last timeit examined bankruptcy proceedings.At that time, Congress yielded to thedemands of the banking and housingindustries. Apparently, it is those twoindustries that once again threaten oureconomy.When Congress wants to act, as ithas demonstrated with the passage of theTroubled Asset Relief Program (TARP),the stimulus package and bailouts of theautomotive industry, it can do so withalacrity.Now is the time for Congress tostep in, this time on the side of theconsuming public. That doesn’t happenoften enough.The New York Times on October 8thran a story on deportation of illegal immigrants,providing a series of statistics thatare both heartening and horrifying:“Immigration authorities deporteda record 392,862 immigrants over thelast year…about half of those deported,195,372, were convicted criminals…The surge in deportation of criminalscame in part as a result of a programcalled Secure Communities, officials say,which allows local enforcement officersto check the immigration status of everyperson, including American citizensbooked into a county or local jail [tocheck fingerprints]…20,000 immigrantsin the county jail system…were eligiblefor deportation…about one-third whowere deported had <strong>com</strong>mitted the mostserious crimes, including murder, rapeand major drug offenses, according to theHomeland Security figures. Immigrationand Customs Enforcement [I.C.E.] alsoconducted more than 2,000 audits ofhiring documents at businesses to checkfor unauthorized immigrant workers, theofficials said, bringing criminal chargesagainst 180 employers and levying morethan $50 million in fines.”Finally, The Times reported,“Officials said that many of the nearly200,000 immigrants deported who had<strong>com</strong>mitted no crimes were fugitivesfrom immigration courts or had recentlycrossed the border illegally.”For the Obama administration, thissuccess is a two-edged sword. On the onehand, it shows dramatically that whenthe executive branch wants to enforcethe law, it can. On the other hand, theinformation will adversely affect theadministration’s goal of enacting, afterthe November elections and beforethe next and new session of Congress,<strong>com</strong>prehensive immigration reformlegislation which includes providingamnesty and a path to citizenship toan estimated 11 to 20 million or moreillegal aliens. The public is opposed tothese proposals, but there are Democratsand Republicans who continue to believethey can force the legislation upon theAmerican public.Finally, why is it that millionairesand billionaires who violate SEC rulesand regulations and steal millions aregenerally only required to pay fines?Sometimes they may lose their licensesto practice on Wall Street, but they arenot required to admit guilt or go toprison. For them, paying fines, even inthe millions, is simply another regulatoryfee, part of the cost of doing business.On the other hand, poor or moderatein<strong>com</strong>e people who are caught stealinghundreds or a few thousands of dollars,are frequently sent to prison.Why are the wealthy who injure tensof thousands of people and steal millionsof dollars during their crime sprees, notimprisoned as well?The Honorable Edward Irving Kochserved New York City as its 105th Mayorfrom 1978 to 1989. His e-mail address is:eikoch@bryancave.<strong>com</strong>


The Westchester Guardian THURSDAY, October 28, 2010Page 29NEW YORK CIVICA New LowBy Henry J. SternPaterson Ousts Grannis from EnvironmentPost 11 Days Before ElectionFirst Published on October 22, 2010V O T E T O K E E PJudgeBarry E. WarhitWestchester County Court JudgeJust when you think an administrationcannot get any worse, it does.After the devastating report byState Inspector General Joseph Fischon the politics of the Aqueduct racino,we awaited the reaction of the scandalscarredPaterson regime.It came unexpectedly last night inthe sudden dismissal of Pete Grannis,Commissioner of EnvironmentalConservation, while he was receivingan award from the New York WaterEnvironment Association, a nonprofiteducational group founded in 1929 byprofessionals in the field of water quality.The firing of the <strong>com</strong>missioner,<strong>com</strong>ing eleven days before a statewideelection, is so ridiculous that it is difficultto <strong>com</strong>prehend. It was ostensibly basedon the leaking of a memo outlining theconsequences of budget cuts proposedfor DEP. The memo was innocuous, astandard warning by an agency head ofthe impact of the loss of hundreds ofemployees. It was followed by a cordialmeeting with the budget director to seehow the cuts could be made with minimaldisruption of services. That is why thesequence of emails culminating in hisdischarge came as a surprise.Why is it that Pete Grannis enjoyssuch a good reputation, while Paterson’sstaff is viewed as irrelevant and inconsequential?It is because Grannis hasdone constructive work over the years toprotect the environment, which peopleappreciate, while the achievements of theothers, if they exist, are unknown.It is not un<strong>com</strong>mon for outstanding<strong>com</strong>missioners to be harassed and belittledby executive staff. I endured thoseslings for years, but Mayor Giulianiwas always supportive when disputedmatters came to his personal attention.Apparently Governor Paterson is sodependent on those around him that he isunable to protect his own <strong>com</strong>missioners,even if he has known and been friendlywith them for over twenty-five years.I recall a similar situation abouttwelve years ago. First Deputy MayorPeter Powers told the assembled Giuliani<strong>com</strong>missioners that the budget had tobe reduced for almost all agencies. Hepatiently said that some agencies mightfeel in good faith that their work wouldbe seriously impaired, that they would beunable to provide the services on whichpeople had be<strong>com</strong>e dependent, thatthe social fabric would be strained, etc.Powers said he could understand how<strong>com</strong>missioners could feel that way, and ifso, he added, “Let’s part friends”. Thosewords became Rule 15.An unsigned, undated memo,revealing no secrets and simply seeking toavoid budget cuts, is nothing to <strong>com</strong>plainabout that seriously. You cut the budget ifyou must, but you do not fire a <strong>com</strong>petent<strong>com</strong>missioner for explaining the consequencesof reductions. One cannot provewho leaked the memo, but it really doesn’tmatter because there was nothing in itthat could not be said in public.If Grannis were insubordinate anda poor administrator, as is now claimed,why did it take Paterson until ten weeksbefore he leaves office to fire him? This isthe politics of a banana republic, actionstaken out of spite rather than reason.If you want to punish Grannis, cut hisbudget a little more than you would haveif he had been on board with the cuts.One theory is that this action wastaken by a failed governor, through ahenchman, out of resentment at the publicesteem and popularity of a <strong>com</strong>missionerwho had served thirty years in theAssembly and four years in the cabinet.Another theory is that Schwartz wasresponsible for the action, with Patersoneither misled or too weak to prevent it.Continued on page 30Tough, Fair, Experienced & <strong>Most</strong> QualifiedFound Well Qualified by theWestchester Women’s Bar AssociationFound Well Qualified by theWestchester County Bar AssociationFound Highly Qualified by theGovernor’s Judicial Screening CommitteeEndorsed by:The Affiliated Police Associationof Westchester CountyYonkers PBAWestchester-Putnam CountiesAFL-CIO Central Labor BodyNew York Supreme Court Officers AssociationWestchester Corrections OfficersBenevolent Association


Page 30 The Westchester Guardian THURSDAY, October 28, 2010NEW YORK CIVICA New LowContinued from page 29It has been suggested that the realreason for the dismissal is the handling ofthe Marcellus shale controversy. Schwartzis a strong supporter of hydrofracking,a process for extracting natural gas byshooting water and chemicals to breakrocks.He has pestered Grannis for hastyapproval of the project, although asubstantive environmental impact statementhas yet to be prepared.Whatever reservations observers mayhave had with Grannis’ performance aredwarfed by resentment of his dismissal,apparently over a trifle, but possibly overGrannis’ desire to protect the countrysideand watershed from pollution.In an administration not knownfor integrity, with a governor facing oneinvestigation after another, all for relativelysmall matters until the Aqueductracino blew up in his face, the ouster of apopular <strong>com</strong>missioner, a few days beforethe election of a new governor, is unprecedented,even for the most dysfunctionalstate government in the nation.We predict that Pete Grannis’ reputationwill be enhanced by his dismissal,as well as his chance of being retained byGovernor-to-be Cuomo. The stain of hisparticipation in the ill-fated Spitzer andPaterson administrations has been alleviatedto some extent by his peremptorydismissal.This is not to say that we agree witheverything Commissioner Grannis hassaid or done in four years. His agency hasbeen criticized for obduracy and for notreining in environmental zealots. (Thereare such people, even for good causes.) Itis, however, valuable when <strong>com</strong>missionerssupport the goals of their agencies, andare willing to fight to achieve them inthe face of obstacles thrown up by thosewho would imperil the planet for personalprofit.To dismiss an unquestionablyhonest, highly regarded environmentalistwho has devoted his professionallife to public service is a new low for thePaterson-Schwartz administration. Notallowing the Commissioner even to seethe Governor is a cowardly flight fromresponsibility. Both the Governor andSchwartz, who holds the title of Secretaryto the Governor, should be ashamed ofthemselves, if they are capable of such afeeling.It is sad to see an administration thatbegan in hope dissolve in scandal. Now ithas happened for the second time in fouryears.Seventy-one days remain for thistroubled executive chamber. They cannotpass soon enough.Henry J. Stern writes as StarQuest. Directemail to him at StarQuest@NYCivic.org.Peruse Mr. Stern’s writing at New YorkCivic.WEIR ONLY HUMANDon’t Tug on Superman’s CapeBy Bob WeirI had beenworking radiomotor patrol inBrooklyn’s Bedford-Stuyvesant area forabout a year and had <strong>com</strong>e across whatI thought was every conceivable challengea cop could imagine. Homicides,rapes, robberies, burglaries and an assortmentof other acts of human malevolencewere a daily occurrence in the high-crimesection of the borough. In addition, Ihad handled myriad family disputes thatculminated in violence and vehicle accidentsthat left body parts strewn acrosshighways. It doesn’t take long to be<strong>com</strong>ea veteran when faced with a workload ofthat magnitude. Add to that the fact thatI had several good arrests under my beltand it’s easy to see that at the ripe old ageof 22, I felt like I could do anything. Well,Superman was about to be put to the test.One summer evening, while my partnerand I were chowing down on a greasy burgeror some other fast food that could be gobbledquickly while sitting in the car and waitingfor another assignment, a call came overthe radio that would add another dimensionto my experience. The dispatcher saidthere were “calls for help” at an apartmentin our sector, so, we shoved the remainder ofour meal into a bag and headed toward theaddress. When we climbed the 4 flights ofstairs, we were met by a few people standingoutside the apartment door. “She’s in thereand she needs a doctor,” one of them yelledexcitedly. Thinking an assault had occurred,I headed toward the door while askingthe obviously agitated woman who did itand was the person inside. She looked atme quizzically and said: “Well, I guess herboyfriend did it, but he left a long time ago.”Feeling a bit confused by that response,I nevertheless pushed open the slightlyajar portal and my partner and I entered anarrow passageway that led to a bedroomabout 10 feet away. We could hearmoaning sounds from the room, so wetook a quick peek before entering. “Is thatthe police?” the bedridden woman said.“Please help me; I need an ambulance!”What I saw when I turned the corner wasmore frightening than facing a man with agun. The supine figure was nude from thewaist down and her legs were spread wideapart. Her lower abdomen was distendedand I could see movement just below it.I suppose I said something like, “Oh myGod” as I realized I was about to view themiracle of birth.A female neighbor was kneelingbeside the distraught woman, trying toconsole her. Evidently, the dispatcherhadn’t obtained the proper info on thiscall, so my partner ran downstairs to thecar radio to summon an ambulance. Hewasn’t gone 30 seconds before the womanbegan to exhibit some of those excruciatingpains that ac<strong>com</strong>pany labor. “Justhold on Ma’am,” I said through tremblinglips, “we’ll get you to a hospital right away.”No, noooo, there’s no time!” she growled,her teeth clenched to ward off the agony.“She’s <strong>com</strong>ing! You… have to… helpme,” she said between gasps of air. Nowit really got scary. I remember thinkingthat they had taught me a lot of things inthe Police Academy, but, if this was one ofthe lessons, I must have missed it. Afterlooking around the room like a helplessdolt, I took a deep breath and decided itwas time to grow up.Suddenly, I recalled the doctor showson television and I took my cues fromthem. “Get some towels and hot water!” Isaid to the neighbor, trying to sound likeI knew what I was doing. “Okay, Ma’am,just be calm and push slowly,” I muttered,putting the towels next to her body as Ibegan to talk her through it. A momentlater, I saw something that would changeme forever because I witnessed what canonly be described as a natural phenomenon,divinely inspired. Yes, I know thereare countless births every day in this world,but to see it happen up close is to knowthere is a God. First, the head emergedand some of her pain subsided. Then, aftera few more contractions, a child was born.I don’t know how she knew it was a girl,but she was right. By the way, I take nocredit for the delivery; only the womancan do that. However, she did say shewould give her daughter the middle name,Roberta.Bob Weir is a veteran of 20 years with theNew York Police Dept. (NYPD), ten of whichwere performed in plainclothes undercoverassignments. During his early years withNYPD, Bob earned a Bachelor of Sciencedegree, cum laude from New York Instituteof Technology. He retired as a sergeant aftersupervising patrol in Midtown Manhattan,the busiest precinct in the country. Afterowning and operating a wine and liquorretail business in Long Island for 5 years, hesold it and moved to Flower Mound, Texas.Bob began a writing career about 12 yearsago and had his first book published in 1999.Bob went on to write and publish a total ofseven novels, “Murder in Black and White,”“City to Die For,” “Powers that Be,” “Ruthie’sKids,” “Deadly to Love,” “Short Stories of Lifeand Death,” and “Out of Sight,” are availableat Barnes & Noble, Amazon.<strong>com</strong>, Books-amillion,and other major online book sellers.He also became a syndicated columnist underthe title “Weir Only Human”. His perspectivemay be read within the pages of theWestchester Guardian, Westchester Heraldand the Yonkers Tribune.


Page 34 The Westchester Guardian THURSDAY, October 28, 2010TECHNOLOGYAir Force Association Commences Cybersecurity CompetitionContinued from page 33“[Cyber systems] are the backbone ofour national defense, they are the backboneof our entire economy, the backboneof public safety systems, of medicalsystems, air traffic control systems,” saidSkoch. “Every aspect of our lives in theUnited States today is linked very closelyto cyber systems.”Commissioner Skoch insists thateducation and public awareness are enormouslyimportant to the general public.“The episodes of identity theft,financial fraud, are exacerbated by theavailability of our personal informationon the Internet,” Skoch said. “Safe cyberpractices can help protect us against all ofthat.”Skoch is concerned about the vulnerabilityof our nation and along with theAFA is trying to fix those problems byasking today’s technology-oriented youthto help defend cyber space in our countrythrough CyberPatriot.The CyberPatriot program currentlyhas 675 teams registered to <strong>com</strong>petein this year’s event. Teams hail from186 public high schools (dubbed the“Open Division”) and 152 Civil AirPatrol Squadrons, 205 Air Force JuniorROTC, 51 Army Junior ROTC, 38 NavyJunior ROTC and 43 Marine CorpsJunior ROTC (dubbed the “All ServicesDivision”).The All Services Division has alreadybegun <strong>com</strong>petition for Round 1, withRound 2 slated to begin November 6,2010. The Open Division will dive intothe <strong>com</strong>petition head-first on November13, 2010.The contest is held online and utilizespatent-pending Science ApplicationsInternational Corporation (SAIC)CyberNEXS cyber security net-basedmanaging tools to create a “live” cyberenvironment. Using this SAIC program,students must maintain specific criticalservices and tasks while simultaneouslyresponding in turn to real-world hackerattacks on the system. CyberNEXS offerscyber training, exercising, <strong>com</strong>petitionand certification for protecting criticaldata assets.SAIC is a scientific, engineering andtechnology applications business thatuses deep domain knowledge to solvevitally important problems posed to thenation and the world, in national security,energy and the environment, criticalinfrastructure, and health, according tothe <strong>com</strong>pany Web site.The training materials that <strong>com</strong>petitorswill receive address the notion ofwhat cyber security actually is, accordingto Skoch. “They not only get a technicaleducation,” he said, “But greater thanthat they also walk away with a solidunderstanding of why cyber security isimportant to them personally and to thenation.”SAIC is one of the CyberPatriot’smany sponsors. The presenting sponsoris Northrup-Grumman, a <strong>com</strong>mercialentity that provides cyber security togovernment and enterprises. Additionalsponsors include Raytheon, GeneralDynamics, CIAS at University of Texasat San Antonio, Microsoft, AT&T andthe Air Force Research Laboratory.The <strong>com</strong>petition will continue untilthe winning teams finally meet together inthe National Finals in Washington D.C.at the beginning of April 2011. Contestwinners will be awarded scholarships.“By the end of this years <strong>com</strong>petition,we’ll have begun to start planning forCyberPatriot III…it’s like the Superbowl,”Skoch said. “It takes great preparation,hard work and there is a great honor inwinning.”Bary Alyssa Johnson covers the Larchmontand Mamaroneck beat, as well as theevolving world of electronics and technology.TRUTH AND JUSTICERepublican Candidate for Attorney General Dan Donovan: HowDoes He Measure Up?By Jeffrey DeskovicThe New York State Bar Association,in light of New York’s wrongful convictionproblem, conducted an exhaustive studyof 52 DNA and non-DNA cases. Theythen issued a preliminary report re<strong>com</strong>mendingproposed legislative reforms andcalling for a conference inviting outsideagencies including the District Attorney’sAssociation Of The State Of New York,The Innocence Project, a number ofprominent attorney’s and advocates inthe field and a number of exonerees.Following several hearings that were heldin different parts of the state, the BarAssociated generated a <strong>com</strong>prehensivefinal report. Based upon the collectiveinput, they drafted a number of legislativeproposals intended to reform those areaswhich have contributed to wrongful prosecutionsand convictions.State Senator Eric Schneiderman,who is running as the DemocraticNominee for State Attorney General, along time advocate of legislative reformsdesigned to prevent wrongful convictions,openly expressed his support for the BarAssociations reforms, many of which hadbeen the subject of his prior legislativeproposals.As a candidate for Attorney General,not only has he endorsed the BarAssociation’s Proposals, but he has takena step further, having vowed, should hebe elected, that he would in fact createan “Actual Innocence Unit” within theAttorney General’s office, which, inkeeping with a prosecutor’s mandate to“prosecute the guiltyand protect the innocent,” wouldinvestigate serious claims of innocencedespite conviction.Having been invited to the hearings,and, having expressed strong oppositionContinued on page 35


The Westchester Guardian THURSDAY, October 28, 2010Page 35TRUTH AND JUSTICEContinued from page 34to the proposals at those hearings, theDistrict Attorneys Association of TheState of New York, of which RepublicanNominee Dan Donovan was Presidentuntil July of 2009 and Chairman of theBoard until July 2010, then on June 15,2010 released a “Memo In Opposition” tothe following 6 bills proposed by the BarAssociation’s report. Seeking clarificationfrom Donovan in light of the Association,The Guardian arranged to interviewMr. Donovan, thus giving him opportunityto clarify his position on a numberof the issues and in fairness to him as acandidate.S7877/A5213a pertaining to VideoTaping Of Interrogations, intended toaddress the fact that 25% of wrongfulconvictions are caused by false confessions.Recording custodial interrogationsof those accused of serious crimes protectsboth the accused and the police, because itnegates any false allegations by either side,and it makes for more reliable evidence.One specific objection lodged by theAssociation, and specifically echoed byDonovan was the issue of cost to the stateand that it was an unfunded mandate.However, that objection should haveresulted in a request for funding allocationin the bill, not opposing the billaltogether.Another objection lodged by theAssociation, and reiterated by Donovanconcerned itself with on the scene interrogationsby police, for example locatingvictims, weapons, and sectioning offcrime scenes, all of which were covered bycontingencies included the bill:“The prosecution may rebut thepresumption: (1) through clear andconvincing evidence the statement wasvoluntary, (2) if the statement is inculpatoryand not made under circumstancescreating a substantial risk that the defendantmight falsely incriminate himself,(3) exigent circumstances, (4) the accusedrefused to have the interrogation electronicallyrecorded and the refusal itselfwas electronically recorded; or (5) thefailure to electronically record an entireinterrogation was the result of equipmentfailure and obtaining replacement equipmentwas not feasible.The court may admit an unrecordedstatement if it believes, based on ashowing of good cause by the people, thatsuppression of the statement is too harsha remedy & the court must then instructthe jury that it should consider the failureto make a recording as an adverse fact”Additionally, on scene police officershave the option of using video equipmentthat is now standard equipment in mostpolice cruisers.S7868 addressed ExonereeCompensation. The Association lodgedan objection that defendants who havepleaded guilty or confessed could thensue for <strong>com</strong>pensation which would leadto expensive litigation. When questionedby The Guardian whether he thoughtthat an innocent person, irrespective ofwhether their conviction came aboutthrough false confession or guilty plea,should be <strong>com</strong>pensated for their wrongfulincarceration, Donovan expressedconcern that people would intentionallyfalsely confess in order to then be able tosue. He didn’t think it was ridiculous tobelieve that someone would intentionallysubject themselves to wrongful imprisonmentand all of its horrors. Pressed furtherwith a question that referenced that theaverage length of wrongful incarcerationis 13 years, he responded by saying,“Maybe it would be less than that. Maybeit would be 3 ½ years.”Anyone who has been wrongfullyimprisoned should be <strong>com</strong>pensatedfor pain and suffering, lost wages andimpacted future wages, mental healthcosts associated with the experience, andany number of additional factors. Thestate, having wrongfully convicted somebody,should pick up the tab. Donovan’sposition simply doesn’t square either withthe facts or fundamental justice. Denying<strong>com</strong>pensation furthers an injury alreadysuffered.S7893 addressed exculpatory evidence/Brady/Discovery, aimed at the problem ofprosecutors withholding evidence helpfulto the defense, which the law mandatesbe turned over. At it’s essence, the DA’sAssociation is resistant to turning overinformation tending to affirm the innocenceof the accused or otherwise protecttheir Constitutional Rights.While candidate Donovan did notdisclaim his Association’s position; and inresponse to a question of a whether in aclear cut case of prosecutorial misconductin the form of withholding exculpatoryevidence, whether he “would supportcriminalization of such conduct in orderto deter some rogue prosecutors whootherwise would break the law resultingin wrongful convictions and receivingno penalties at all, responded, “I don’tthink there is a case where there is nopenalty at all, but you’re right, absolutely,if somebody is responsible, if somebodyin authority is so responsible for imprisoningsomebody because they failed to, orintentionally withheld, we have to be realcareful here,” he then went on to discussthe various levels of misconduct thatmight be encountered.It is disheartening that Donovan doesnot distance himself from the Association’sposition, which suggests that if elected hewould resist legislative efforts to addressBrady violations. He does deserve creditfor agreeing in concept to the criminalizationof prosecutorial misconduct, andI agree that the penalties for such shouldvary according to what is withheld,though all such intentional withholdingshould have some form of punishment.Nonetheless, his statement that he doesn’tthink ‘that there is such a case where thereis no punishment’ would tend to undercuthis credibility. Mr. Donovan knows verywell there are no incarcerative penaltiesand that a Bar Administration reprimandis no more than a slap on the wrist, andfurthermore is rarely carried out thushaving no deterrent effect.S7867 addressed 440/PostConviction DNA Testing After GuiltyPlea, in light of the fact that of 261 DNAproven wrongful convictions nationwide,involved 21 actually innocent individuals,who nevertheless had pleaded guilty for avariety of coercive reasons.The Association lodged a two foldobjection: the cost, and closure/finality ofconviction unnecessarily without a defendantmaking a showing that a DNA testcould prove their innocence. However,the language of the bill already states that:“Changes (lowers) the legal standardfor a court to grant forensic DNA testingof any crime scene evidence. The standardwould be changed to “if a DNA test hadbeen conducted on such evidence, and ifexculpatory results had been available tothe defendant for pretrial proceedings orpost trial procedures or admitted at a trialresulting in the judgment, there exists areasonable possibility (vs. probability) thatthe verdict or other proceedings or procedureswould have been more favorable tothe defendant.”Therefore the concern of the relevancehad already been taken into accountand thus that part of the objection wouldappear to be an excuse. Turning to finalityof conviction, accuracy is more thanfinality. In terms of the cost, as a societyhow much money should be willing tospend out of our tax dollars for an innocentperson’s freedom?S7842 addressed misidentification,which has caused 75% of the wrongfulconvictions. The Association objectionswere that the new procedures were technicalitieswhich would trigger expensivelitigation; that videotaping witness identificationswill hinder cooperation, and thatNew York State Law Enforcement hasrecently adopted, “fair, reliable and robustidentification guidelines.” These objectionsdon’t stand up to scrutiny. Firstly,the improved procedures are not technicalities,but instead are measures arrivedat after carefully studies of misidentificationsaimed at increasing accuracy.Secondly, the expensive litigation willbe avoided if the procedures are done in<strong>com</strong>pliance with the law. Thirdly, legislationis needed in order to mandate thatthe best practices are implemented; it isnaïve to think that all police jurisdictionswill voluntarily do so. If they would, itwould have happened already.S7873 addressed informant testimonyand situations in which a witness receivesa benefit in exchange for testimony- acause of wrongful convictions in 15% ofthe cases.Dan Donovan, and the DistrictAttorneys Association essentially wantthe criminal justice system to remainvirtually unchanged, despite an alarmingrate of wrongful convictions causedby well known systemic deficiencieswhose legislative reforms, supported bymountains of evidence and research areurgently needed. Rather than focusingon ways to bring about such reforms, theDistrict Attorneys Association and Mr.Donovan would appear to be stalling;at points digging in their heels in hopesof maintaining the status quo. In fact,when the Senate Codes Committee,chaired by Schneiderman, passed theBar Association’s re<strong>com</strong>mendations, theDistrict Attorneys Association flexed itsmuscle and pushed back so strongly thatthe legislation was not even brought tothe floor.Anyone concerned with wrongfulconvictions and fundamental justicecannot afford to have Dan Donovan asthe New York State Attorney General.


Page 36 The Westchester Guardian THURSDAY, October 28, 2010LEGAL NOTICESSeo Media LLC Articles of Org. filedNY Sec. of State (SSNY) 5/5/2010.Office in Westchester Co. SSNYdesign. Agent of LLC upon whomprocess may be served. SSNY shallmail copy of process to C/O MichaelRossi 44 Loop Road Bedford, NY10506. Purpose: Any lawful activity.Registered Agent: Michael Rossi 44Loop Road Bedford, NY 10506.Notice of Formation of Limited LiabilityCompany (LLC): Name: TheLiberty Blue Group, LLC. Articles ofOrganization filed With the Secretaryof State of New York (SSNY) on09/24/2010. Office location: WestchesterCounty. SSNY has beendesignated as agent of the LLCupon whom process against it maybe served. SSNY shall mail copy ofprocess to: C/O The Liberty BlueGroup, LLC, 265 Old MamaroneckRoad, White Plains, NY 10605. Purpose:Any Lawful Purpose. Latestdate upon which LLC is to dissolve:No Specific date.NEW GENERATION AUTO CARELLC Arts. of Org. filed with SSNY10/4/2010. Off. Loc.: WestchesterCnty. SSNY designated as agent ofLLC whom process may be served.SSNY shall mail process to: c/o TheLLC, 210 Webster Ave., New Rochelle,NY 10801. Purpose: all lawfulactivities.Notice of Formation of a Limited LiabilityCompany (LLC): Name: PinkLotus Consulting LLC, Articles ofOrganization filed with the Secretaryof State of New York (SSNY) on09/27/2010. Office location: WestchesterCounty. SSNY has beendesignated as agent of the LLCupon whom process against it maybe served. SSNY shall mail a copy ofprocess to: C/O Pink Lotus ConsultingLLC, 2 Canfield Avenue Apt 724,White Plains, NY 10601. Purpose:Any Lawful Purpose.Eventastic Parties LLC Articles ofOrg. filed NY Sec. of State (SSNY)9/15/2010. Office in WestchesterCo. SSNY design. Agent of LLC uponwhom process may be served.SSNY shall mail copy of processAnna Cuneo 54 Forest Lake DriveWest Harrison, NY 10604. Purpose:Any lawful activity.Notice of Formation of a Limited LiabilityCompany (LLC): TRAVELKIN.COM, LLC, Articles of Organizationfiled with the Secretary of New York(SSNY) on 6/02/2010. Office location:Westchester County. SSNYhas been designated as agent of theLLC upon whom process against itmay be served. SSNY shall mail acopy of the process to TRAVELKIN.COM, 50 Barker Street, Apt 336,Mount Kisco, NY 10549. Purpose:any lawful business activity.Im Ip Law PLLC Articles of Org. filedNY Sec. of State (SSNY) 9/22/2010.Office in Westchester Co. SSNYdesign. Agent of PLLC upon whomprocess may be served. SSNY shallmail copy of process The PLLC 61Broadway, Suite 513 New York, NY10022. Purpose: Any lawful activity.SUMMONS AND NOTICE OF OBJECT OF ACTION STATE OF NEW YORKSUPREME COURT: COUNTY OF WESTCHESTER ACTION TO FORECLOSEA MORTGAGE INDEX NO.: 2112/10 WELLS FARGO BANK, N.A. Plaintiff, vs.EILEEN MYERS A/K/A EILEEN MEYERS A/K/A EILEEN LIEBERMAN A/K/AEILEEN LIERMAN, JAMES MYERS, THOMAS K. BURNISTON, ESQ, DIANEBRAUN HANLEY, ESQ, JEMAB FAMILY LIMITED PARTNERSHIP AKA JEMAAFAMILY LIMITED PARTNERSHIP, JORGE LUZQUINOS, ET, AL. Defendant(s).MORTGAGED PREMISES: 1415 MAIN STREET PEEKSKILL, NY 10566 SBL #:33.6-8-21 TO THE ABOVE NAMED DEFENDANT: You are hereby summonedto answer the Complaint in this action, and to serve a copy of your answer,or, if the Complaint is not served with this Summons, to serve a notice of appearance,on the Plaintiff(s) attorney(s) within twenty days after the serviceof this Summons, exclusive of the day of service (or within 30 days after theservice is <strong>com</strong>plete if this Summons is not personally delivered to you withinthe State of New York). In case of your failure to appear or answer, judgmentwill be taken against you by default for the relief demanded in the Complaint.The Attorney for Plaintiff has an office for business in the County of Erie. Trialto be held in the County of Westchester. The basis of the venue designatedabove is the location of the Mortgaged Premises. Dated this 6th day of October,2010, TO: JORGE LUZQUINOS, Defendant(s) In this Action. The foregoingSummons is served upon you by publication, pursuant to an order of HON.ORAZIO R. BELLANTONI of the Supreme Court of the State of New York, datedthe 15th day of September, 2010 and filed with the Complaint in the Officeof the Westchester County Clerk, in the City of White Plains. The object ofthis action is to foreclose a mortgage upon the premises described below,executed by EILEEN MYERS A/K/A EILEEN MEYERS A/K/A EILEEN LIEBER-MAN A/K/A EILEEN LIERMAN, dated the 16th day of April, 1999, to securethe sum of $59,800.00, and recorded at Liber 25963 of Mortgages at Page 251in the Office of the Clerk of the County of Westchester, on the 11th day ofAugust, 1999; which mortgage was duly assigned by assignment dated the24th day of March, 2009, and recorded on the 22nd day of April, 2009, in theOffice of the Clerk of Westchester County at Instrument No. 491040637; Theproperty in question is described as follows: 1415 MAIN STREET, PEEKSKILL,NY 10566 SEE FOLLOWING DESCRIPTION Section 33.6, Block 8 and Lot 21ALL that certain plot, piece or parcel of land, with the buildings and improvementsthereon erected, situate, lying and being in the City of Peekskill, Countyof Westchester and State of New York, bounded and described as follows:BEGINNING on the South side of Main Street where the same is intersectedby the Easterly line of land now or formerly of Herskowitz, said point beingdistant 193.28 feet Easterly along Main Street from the Southeast corner ofMain Street and Charles Streets; RUNNING THENCE along Main Street, North80 degrees 30 minutes 40 seconds East, 36 feet to lands now or formerly ofRiley; THENCE along the same, South 09 degrees 29 minutes 20 seconds East,100 feet to lands now or formerly of Clark; THENCE along the same, South 80degrees 30 minutes 40 seconds West, 35 feet to lands conveyed to Herskowitzon the 3rd day of November, 1924; THENCE along the same, North 10 degrees04 minutes West, 100.01 feet to the point or place of BEGINNING. Premisesknown as 1415 Main Street, Peekskill, New York HELP FOR HOMEOWNERSIN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOUTHIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CARE-FULLY. SUMMONS AND COMPLAINT YOU ARE IN DANGER OF LOSING YOURHOME. IF YOU FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT INTHIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READTHE SUMMONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELYCONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAINADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION ANDASSISTANCE The state encourages you to be<strong>com</strong>e informed about your optionsin foreclosure. In addition to seeking assistance from an attorney orlegal aid office, there are government agencies and non-profit organizationsthat you may contact for information about possible options, including tryingto work with your lender during this process. To locate an entity near you,you may call the toll-free helpline maintained by the New York State BankingDepartment at 1-877-BANK-NYS (1-877-226-5697) or visit the department’swebsite at WWW.BANKING.STATE.NY.US. FORECLOSURE RESCUE SCAMSBe careful of people who approach you with offers to “save” your home.There are individuals who watch for notices of foreclosure actions in order tounfairly profit from a homeowner’s distress. You should be extremely carefulabout any such promises and any suggestions that you pay them a fee or signover your deed. State law requires anyone offering such services for profit toenter into a contract which fully describes the services they will perform andfees they will charge, and which prohibits them from taking any money fromyou until they have <strong>com</strong>pleted all such promised services. § 1303 NOTICE NO-TICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond tothis summons and <strong>com</strong>plaint by serving a copy of the answer on the attorneyfor the mortgage <strong>com</strong>pany who filed this foreclosure proceeding against youand filing the answer with the court, a default judgment may be entered andyou can lose your home. Speak to an attorney or go to the court where yourcase is pending for further information on how to answer the summons andprotect your property. Sending a payment to your mortgage <strong>com</strong>pany will notstop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OFTHE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COM-PANY) AND FILING THE ANSWER WITH THE COURT. DATED: October 6, 2010Steven J. Baum, P.C., Attorney(s) For Plaintiff(s), 220 Northpointe ParkwaySuite G, Amherst, NY 14228 The law firm of Steven J. Baum, P.C. and the attorneyswhom it employs are debt collectors who are attempting to collect adebt. Any information obtained by them will be used for that purpose.SUMMONS AND NOTICE OF OBJECT OF ACTION ACTION TO FORECLOSE A MORTGAGE STATE OF NEW YORK SU-PREME COURT: COUNTY OF WESTCHESTER CITIMORTGAGE, INC. Plaintiff, vs. MALONEY, THOMAS MALONEY, ET, AL.Defendant(s). TO THE ABOVE NAMED DEFENDANT: INDEX NO.: 8775/10 MORTGAGED PREMISES: 86 ONONDAGASTREET YONKERS, NY 10704 SBL #:6-6403-23 You are hereby summoned to answer the Complaint in this action, andto serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance,on the Plaintiff(s) attorney(s) within twenty days after the service of this Summons, exclusive of the day of service (orwithin 30 days after the service is <strong>com</strong>plete if this Summons is not personally delivered to you within the State of NewYork). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demandedin the Complaint. The Attorney for Plaintiff has an office for business in the County of Erie. Trial to be held in the Countyof Westchester. The basis of the venue designated above is the location of the Mortgaged Premises. Dated this 4th dayof October, 2010, TO: THOMAS MALONEY, Defendant(s) In this Action. The foregoing Summons is served upon you bypublication, pursuant to an order of HON. ORAZIO BELLANTONI of the Supreme Court of the State of New York, datedthe 13th day of September, 2010 and filed with the Complaint in the Office of the Westchester County Clerk, in the Cityof White Plains. The object of this action is to foreclose a mortgage upon the premises described below, executedby MARISA MALONEY and THOMAS MALONEY dated the 26th day of October, 2006 to secure the sum of $417,000.00,and recorded at Instrument No. 463180700 in the Office of the Clerk of the County of Westchester, on the 22nd day ofDecember, 2006; which mortgage was duly assigned by assignment dated the 25th day of March, 2010, and sent forrecording in the Office of the Clerk of Westchester County. The property in question is described as follows: 86 ONON-DAGA STREET, YONKERS, NY 10704 SEE FOLLOWING DESCRIPTION Section 6, block 6403 and Lot 23 ALL that certainplot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the City ofYonkers, County of Westchester and State of New York, designated as Plot No. 8, in Block “C” on a certain Map entitled“Revised Map of Seminary Park, being a portion of the former Estate of William J. Pease, City of Yonkers, WestchesterCounty, New York”, dated February 17, 1940 and filed in the Office of the County Clerk of Westchester County, (Divisionof Land Records) on February 20, 1940, as Map No. 5105 and which said Plot is more particularly bounded anddescribed as follows: BEGINNING at a point on the Westerly side of Onondaga Street, where the same is intersected bythe division line between Lot Nos. 7 and 8 in Block “C” on said Map, said point being also distant 275.00 feet Northerlymeasured along the Westerly side of Onondaga Street from the corner formed by the intersection of the Northerly sideof Pace Avenue with the Westerly side of Onondaga Street; RUNNING THENCE along said division line between LotNos. 7 and 8 in Block “C” South 81 degrees 17 minutes 30 seconds West, 100.00 feet to the Easterly line of Lot No. 17 inBlock “C” on said map; THENCE along the same and along the Easterly line of Lot No. 16 in Block “C” North 08 degrees42 minutes 30 seconds West, 50.00 feet to the division line of Lot Nos. 8 and 9 in Block “C” on said map; THENCE alongsaid division line between Lot Nos. 8 and 9 in Block “C” North 81 degrees 17 minutes 30 seconds East, 100.00 feet to theWesterly side of Onondaga Street; THENCE along the Westerly side of Onondaga Street South 08 degrees 42 minutes30 seconds East, 50.00 feet to the point or place of BEGINNING. Premises known as 86 Onondaga Street, Yonkers,New York HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THISNOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONS AND COMPLAINT YOUARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONS AND COMPLAINT IN THISFORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY.YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TO OBTAIN ADVICE ONHOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE The state encourages you to be<strong>com</strong>einformed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, thereare government agencies and non-profit organizations that you may contact for information about possible options,including trying to work with your lender during this process. To locate an entity near you, you may call the tollfreehelpline maintained by the New York State Banking Department at 1-877-BANK-NYS (1-877-226-5697) or visit thedepartment’s website at WWW.BANKING.STATE.NY.US. FORECLOSURE RESCUE SCAMS Be careful of people whoapproach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions inorder to unfairly profit from a homeowner’s distress. You should be extremely careful about any such promises andany suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services forprofit to enter into a contract which fully describes the services they will perform and fees they will charge, and whichprohibits them from taking any money from you until they have <strong>com</strong>pleted all such promised services. § 1303 NOTICENOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and <strong>com</strong>plaint by servinga copy of the answer on the attorney for the mortgage <strong>com</strong>pany who filed this foreclosure proceeding against you andfiling the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorneyor go to the court where your case is pending for further information on how to answer the summons and protect yourproperty. Sending a payment to your mortgage <strong>com</strong>pany will not stop this foreclosure action. YOU MUST RESPOND BYSERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THEANSWER WITH THE COURT. DATED: October 4, 2010 Steven J. Baum, P.C., Attorney(s) For Plaintiff(s), 220 NorthpointeParkway Suite G, Amherst, NY 14228 The law firm of Steven J. Baum, P.C. and the attorneys whom it employs aredebt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose.Notice of Formation of JUDAHPLACE LLC Articles of Organizationfiled with the Secretary of State ofNY (SSNY) on 9/16/2010. NY Officelocation: WESTCHESTER County.SSNY is designated as agent uponwhom process against the LLC maybe served. SSNY shall mail a copy ofany process against the LLC servedupon him/her C/O JUDAH PLACELLC, 117 Broad Street, East, MountVernon, NY 10552. Purpose: Anylawful act.Elegran LLC Articles of Org. filedNY Sec. of State (SSNY) 1/22/2008.Office in Westchester Co. SSNYdesign. Agent of LLC upon whomprocess may be served. SSNY shallmail copy of process to C/O MichaelRossi 44 Loop Road Bedford, NY10506. Purpose: Any lawful activity.Registered Agent: Michael Rossi 44Loop Road Bedford, NY 10506Bevinco On The Hudson LLC Articlesof Org. filed NY Sec. of State (SSNY)7/6/2010. Office in Westchester Co.SSNY design. Agent of LLC uponwhom process may be served. SSNYshall mail copy of process to The LLC112 Hillcrest Avenue Yonkers, NY10705. Purpose: Any lawful activityWest Square Foods, LLC Articles ofOrg. filed NY Sec. of State (SSNY)10/8/2010. Office in Westchester Co.SSNY design. Agent of LLC uponwhom process may be served. SSNYshall mail copy of process C/O StanleyChin P.O. Box 956 Bronxville, NY10708. Purpose: Any lawful activity.Twenty Ten Foods, LLC Articles ofOrg. filed NY Sec. of State (SSNY)10/8/2010. Office in Westchester Co.SSNY design. Agent of LLC uponwhom process may be served. SSNYshall mail copy of process C/O StanleyChin P.O. Box 956 Bronxville, NY10708. Purpose: Any lawful activity.


The Westchester Guardian THURSDAY, October 28, 2010Page 37LEGAL NOTICESSUMMONS AND NOTICE OF OBJECT OF ACTION STATE OF NEW YORK SUPREME COURT: COUNTY OF WESTCHESTERACTION TO FORECLOSE A MORTGAGE INDEX NO.: 27408/09 HSBC MORTGAGE CORPORATION (USA) Plaintiff, vs.BENNY FRANCIS, LISA MARY AUGUSTINE A/K/A LISA FRANCIS-AUGUSTINE, K.M. KURIAKOSE, ET, AL. Defendant(s).MORTGAGED PREMISES: 83 CRESTHILL ROAD YONKERS, NY 10710 SBL #: 4-4652-66, 4-4652-67, 4-4652-248 TO THEABOVE NAMED DEFENDANT: You are hereby summoned to answer the Complaint in this action, and to serve a copyof your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff(s)attorney(s) within twenty days after the service of this Summons, exclusive of the day of service (or within 30 days afterthe service is <strong>com</strong>plete if this Summons is not personally delivered to you within the State of New York). In case of yourfailure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. TheAttorney for Plaintiff has an office for business in the County of Erie. Trial to be held in the County of Westchester. Thebasis of the venue designated above is the location of the Mortgaged Premises. Dated this 27th day of September, 2010,TO: K.M. KURIAKOSE, Defendant(s) In this Action. The foregoing Summons is served upon you by publication, pursuantto an order of HON. ORAZIO R. BELLANTONI, of the Supreme Court of the State of New York, dated the 7th day ofSeptember, 2010 and filed with the Complaint in the Office of the Westchester County Clerk, in the City of White Plains.The object of this action is to foreclose a mortgage upon the premises described below, executed by LISA MARY AU-GUSTINE A/K/A LISA FRANCIS-AUGUSTINE and BENNY FRANCIS dated the 12th day of January, 2004, to secure thesum of $120,000.00, and recorded at Instrument No. 441171039 in the Office of the Clerk of the County of Westchester,on the 20th day of July, 2004; that the Plaintiff is also the holder of a mortgage in the amount of $130,000.00, which wasdated the 11th day of November, 2005 and recorded the 23rd day of May, 2006 at Instrument Number 461280210, whichby its terms consolidates with the mortgage referred to at Instrument Number 441171039 to form a single lien in theamount of $250,000.00; The property in question is described as follows: 83 CRESTHILL ROAD, YONKERS, NY 10710 SEEFOLLOWING DESCRIPTION Section 4, Block 4652 and Lot 66, 67 & 248 ALL that certain plot, piece or parcel of land, withthe buildings and improvements thereon erected, situate, lying and being in the City of Yonkers, County of Westchester,and State of New York, designated as Lots 8, 9, and 10 in Block K on Map entitled, “Section No.1 Brook Farm, situate inthe City of Yonkers, Westchester County, New York, August 13, 1926, William Smith, C.E.” filed August, 19, 1926 as MapNo. 3026 in Westchester County Clerk’s Office, Division of Land Records, (formerly Register’ s Office), which said Lotsare more particularly bounded and described as follows: BEGINNING at a point on the Southwesterly side of CresthillRoad distant 820.82 feet Southwesterly and Westerly as measured along the Southwesterly side of Cresthill Road fromthe extreme Southwesterly end of the arc of a curve connecting the said Southwesterly side of Cresthill Road with theSouthwesterly side of Alta Vista Drive; RUNNING THENCE South 36 degrees 32 minutes 00 seconds West, 105.48 feet;THENCE North 53 degrees 38 minutes 00 seconds West, 75.00 feet; THENCE North 36 degrees 32 minutes 00 secondsEast, 105.70 feet to the Southwesterly side of Cresthill Road; THENCE along the Southwesterly side of Cresthill Road,South 53 degrees 28 minutes 00 seconds East, 75.00 feet to the point or place of BEGINNING. Premises known as 83Cresthill Road, Yonkers, New York HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRESTHAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONSAND COMPLAINT YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONSAND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONSAND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AIDOFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE Thestate encourages you to be<strong>com</strong>e informed about your options in foreclosure. In addition to seeking assistance froman attorney or legal aid office, there are government agencies and non-profit organizations that you may contact forinformation about possible options, including trying to work with your lender during this process. To locate an entitynear you, you may call the toll-free helpline maintained by the New York State Banking Department at 1-877-BANK-NYS(1-877-226-5697) or visit the department’s website at WWW.BANKING.STATE.NY.US. FORECLOSURE RESCUE SCAMSBe careful of people who approach you with offers to “save” your home. There are individuals who watch for noticesof foreclosure actions in order to unfairly profit from a homeowner’s distress. You should be extremely careful aboutany such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offeringsuch services for profit to enter into a contract which fully describes the services they will perform and fees theywill charge, and which prohibits them from taking any money from you until they have <strong>com</strong>pleted all such promisedservices. § 1303 NOTICE NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summonsand <strong>com</strong>plaint by serving a copy of the answer on the attorney for the mortgage <strong>com</strong>pany who filed this foreclosureproceeding against you and filing the answer with the court, a default judgment may be entered and you can lose yourhome. Speak to an attorney or go to the court where your case is pending for further information on how to answerthe summons and protect your property. Sending a payment to your mortgage <strong>com</strong>pany will not stop this foreclosureaction. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORT-GAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. DATED: September 27, 2010 Steven J. Baum, P.C.,Attorney(s) For Plaintiff(s), 220 Northpointe Parkway Suite G, Amherst, NY 14228 The law firm of Steven J. Baum, P.C.and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtainedby them will be used for that purpose.SUMMONS AND NOTICE OF OBJECT OF ACTION ACTION TO FORECLOSE A MORTGAGE STATE OF NEW YORK SU-PREME COURT: COUNTY OF WESTCHESTER M&T BANKPlaintiff, vs. CLAUDE MOWATT, CHRISTOPHER MOWATT, ET,AL. (s). TO THE ABOVE NAMED DEFENDANT: INDEX NO.: 25365/09 MORTGAGED PREMISES: 63 VALERIE DRIVE YON-KERS, NY 10703 SBL #:3-3417-32 You are hereby summoned to answer the Complaint in this action, and to serve a copyof your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff(s)attorney(s) within twenty days after the service of this Summons, exclusive of the day of service (or within 30 days afterthe service is <strong>com</strong>plete if this Summons is not personally delivered to you within the State of New York). In case of yourfailure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. TheAttorney for Plaintiff has an office for business in the County of Erie. Trial to be held in the County of Westchester. Thebasis of the venue designated above is the location of the Mortgaged Premises. Dated this 4th day of October, 2010,TO: CHRISTOPHER MOWATT, Defendant(s) In this Action. The foregoing Summons is served upon you by publication,pursuant to an order of HON. ORAZIO BELLANTONI of the Supreme Court of the State of New York, dated the 13th dayof September, 2010and filed with the Complaint in the Office of the Westchester County Clerk, in the City of White Plains.The object of this action is to foreclose a mortgage upon the premises described below, executed by CLAUDE MOWATTand CHRISTOPHER MOWATT dated the 3rd day of August, 2006, to secure the sum of $463,200.00, and recorded atInstrument No. 462410116 in the Office of the Clerk of the County of Westchester, on the 15th day of September, 2006;which mortgage was duly assigned by assignment dated the 13th day of October, 2009, and sent for recording in theOffice of the Clerk of Westchester County. The property in question is described as follows: 63 VALERIE DRIVE, YON-KERS, NY 10703 SEE FOLLOWING DESCRIPTION Section 3, Block 3417 and Lot 32 ALL that certain plot, piece or parcelof land, with the buildings and improvements thereon erected, situate, lying and being in the City of Yonkers, County ofWestchester, State of New York, shown and designated as Lot No. 32, on a certain entitled, “Section II, Subdivision Mapof Property of Odell Development Corp., situated in the City of Yonkers, Westchester County, New York,” made by Senorand Burney, Surveyors, dated February 15, 1962 and filed in the Office of the County Clerk, Division of Land Records,formerly Register’s Office of Westchester County, New York on May 25, 1962 as Map No. 13325, said lot being moreparticularly bounded and described as follows: BEGINNING at a point on the Westerly side of Valerie Drive where thesame is intersected by the division line between Lot Nos. 32 and 33 as shown on said map; RUNNING THENCE from saidpoint of beginning along the Westerly side of Valerie Drive in a Southerly direction on a curve to the left having a radiusof 50.00 feet a distance of 11.98 feet the division line between Lot Nos. 31 and 32 on said map; THENCE along the lastmentioned division line South 80 degrees 29 minutes 56 seconds West, 48.99 feet to a point; THENCE continuing alongsaid division line and part of the way through a party wall South 37 degrees 40 minutes 12 seconds West, 94.18 feet to theNortherly boundary line of land designated on said map as, “Now or formerly 16 Bellevue Ave.”; THENCE along the lastmentioned boundary line North 68 degrees 49 minutes 16 seconds West, 16.97 feet to the Easterly boundary line of landdesignated on said map as “Greystone in Westchester”; THENCE along the last mentioned boundary line North 11 degrees49 minutes 37 seconds East, 110.00 feet to the division line between Lot Nos. 32 and 33 on said map; THENCE alongthe last mentioned division line of the following two courses and distances: 1. South 78 degrees 10 minutes 23 secondsEast, 90.00 feet; 2. South 85 degrees 46 minutes East, 10.53 feet to the point or place of BEGINNING. Premises known as63 Valerie Drive, Yonkers, New York HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAW REQUIRESTHAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY. SUMMONSAND COMPLAINT YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUMMONS ANDCOMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUMMONS AND COM-PLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID OFFICE TOOBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCE The state encouragesyou to be<strong>com</strong>e informed about your options in foreclosure. In addition to seeking assistance from an attorney orlegal aid office, there are government agencies and non-profit organizations that you may contact for information aboutpossible options, including trying to work with your lender during this process. To locate an entity near you, you maycall the toll-free helpline maintained by the New York State Banking Department at 1-877-BANK-NYS (1-877-226-5697) orvisit the department’s website at WWW.BANKING.STATE.NY.US. FORECLOSURE RESCUE SCAMS Be careful of peoplewho approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actionsin order to unfairly profit from a homeowner’s distress. You should be extremely careful about any such promises andany suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services forprofit to enter into a contract which fully describes the services they will perform and fees they will charge, and whichprohibits them from taking any money from you until they have <strong>com</strong>pleted all such promised services. § 1303 NOTICENOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and <strong>com</strong>plaint by servinga copy of the answer on the attorney for the mortgage <strong>com</strong>pany who filed this foreclosure proceeding against you andfiling the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorneyor go to the court where your case is pending for further information on how to answer the summons and protect yourproperty. Sending a payment to your mortgage <strong>com</strong>pany will not stop this foreclosure action. YOU MUST RESPOND BYSERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THEANSWER WITH THE COURT. DATED: October 4, 2010 Steven J. Baum, P.C. Attorney(s) For Plaintiff(s) 220 NorthpointeParkway Suite G Amherst, NY 14228 The law firm of Steven J. Baum, P.C. and the attorneys whom it employs are debtcollectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose.W E S T C H E S T E R G U A R D I A N M I S S I O N S T A T E M E N TThe Westchester Guardian is a weekly newspaper devoted to the unbiased reporting of events and developments that are newsworthy and significant to readersliving in, and/or employed in, Westchester County. The Guardian will strive to report fairly, and objectively, reliable information without favor or <strong>com</strong>promise. OurFirst duty will be to the PEOPLE’S RIGHT TO KNOW, by the exposure of truth, without fear or hesitation, no matter where the pursuit may lead, in the Finesttradition of FREEDOM OF THE PRESS. The Guardian will cover news and events relevant to residents and businesses all over Westchester County. As a weekly,rather than focusing on the immediacy of delivery more associated with daily journals, we will instead seek to provide the broader, more <strong>com</strong>prehensive, chronologicalstep-by-step accounting of events, enlightened with analysis, where appropriate. From amongst journalism’s classic keywords: who, what, when, where, why, and how,the why and how will drive our pursuit. We will use our more abundant time, and our resources, to get past the initial ‘spin’ and ‘damage control’ often characteristic ofimmediate news releases, to reach the very heart of the matter: the truth. We will take our readers to a point of understanding and insight which cannot be obtainedelsewhere. To succeed, we must recognize from the outset that bigger is not necessarily better. And, furthermore, we will acknowledge that we cannot be all things toall readers. We must carefully balance the presentation of relevant, hard-hitting, Westchester news and <strong>com</strong>mentary, with features and columns useful in daily livingand employment in, and around, the county. We must stay trim and exible if we are to succeed.


Page 38 The Westchester Guardian THURSDAY, October 28, 2010LEGAL NOTICESSUMMONS AND NOTICE OF OBJECT OF ACTION ACTION TO FORECLOSE A MORTGAGE STATE OF NEW YORK SU-PREME COURT: COUNTY OF WESTCHESTER CHASE HOME FINANCE, LLC Plaintiff, vs. ISAIAS ORTEGA, PEDRO G.GARCIA, ANGELICA ORTEGA, MELBIN RAMIREZ, ET,AL. Defendant(s). TO THE ABOVE NAMED DEFENDANT: INDEXNO.: 27406/09 MORTGAGED PREMISES: 278 MADISON AVENUE PORT CHESTER, NY 10573 SBL #:136.47-2-51 You arehereby summoned to answer the Complaint in this action, and to serve a copy of your answer, or, if the Complaint is notserved with this Summons, to serve a notice of appearance, on the Plaintiff(s) attorney(s) within twenty days after theservice of this Summons, exclusive of the day of service (or within 30 days after the service is <strong>com</strong>plete if this Summonsis not personally delivered to you within the State of New York). In case of your failure to appear or answer,judgmentwill be taken against you by default for the relief demanded in the Complaint. The Attorney for Plaintiff has an officefor business in the County of Erie. Trial to be held in the County of Westchester. The basis of the venue designatedabove is the location of the Mortgaged Premises. Dated this 20th day of September, 2010, TO: MELBIN RAMIREZ,Defendant(s) In this Action. The foregoing Summons is served upon you by publication, pursuant to an order of HON.RICHARD B. LIEBOWITZ of the Supreme Court of the State of New York, dated the 13th day of September, 2010 andfiled with the Complaint in the Office of the Westchester County Clerk, in the City of White Plains. The object of thisaction is to foreclose a mortgage upon the premises described below, executed by ISAIAS ORTEGA and ANGELICAORTEGA, dated the 12th day of May, 2006, to secure the sum of $400,800.00, and recorded at Instrument No. 461880930in the Office of the Clerk of the County of Westchester, on the 29th day of August,2006; the Plaintiff is also holder of amortgage bearing date the 3rd day of July, 2008 executed by ISAIAS ORTEGA, ANGELICA ORTEGA, PEDRO G. GARCIAand MELBIN RAMIREZ to secure the sum of $101,994.08, and recorded at Instrument No. 482110655 in the Office of theClerk of the County of Westchester, on the 7th day of August, 2008; said mortgage was modified or consolidated withthe mortgage referred to at Instrument No. 461880930 by a Consolidation, Extension and Modification Agreement datedthe 3rd day of July, 2008 and recorded the 7th day of August, 2008 at Instrument No. 482110673 to form a single lien inthe amount of $485,320.00;which mortgage was duly assigned by assignment dated the 4th day of November,2009, andsent for recording in the Office of the Clerk of Westchester County; The property in question is described as follows:278 MADISON AVENUE, PORTCHESTER, NY 10573 SEE FOLLOWING DESCRIPTION The property in question is describedas follows: 278 MADISON AVENUE, PORT CHESTER, NY 10573 SEE FOLLOWING DESCRIPTION Section 136.47,Block 2 and Lot 51 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situate,lying and being in the Village of Port Chester, Town of Rye, County of Westchester and State of New York, describedas Lot 15 on a certain map entitled “Subdivision Map of Locust Woods, situated in the Village of PortChester,Town of Rye, Westchester Co., NY. Dated July 17, 1959, made by Russell Munson, Surveyor, and filed in the Office of theWestchester County Clerk(Division of Land Records) on September 11, 1959 as Map No. 12150. Said Lot is also moreparticularly bounded and described according to said map as follows: BEGINNING at a point on the Westerly side ofMadison Avenue distant 205.72 feet Southerly from the corner formed by the intersection of the Westerly side of MadisonAvenue with the Southerly side of Halstead Avenue. Said point of beginning also being the division line between Lot16 and Lot 15 as shown on the above-reference map; RUNNING THENCE along the Westerly side the following coursesand distances: 1. South 13 degrees 32 minutes 30 seconds East, 55.71 feet; 2. South 26 degrees 03 minutes 40 secondsEast, 15.20 feet to the division line between Lot 15 and Lot 14 as shown on the above-referenced map;THENCE alongsaid division line South 63 degrees 56 minutes 20 seconds West,120.00 feet to the division line between Lot 15 and Lot3 as shown on the above-referenced map; THENCE along the division line between Lot 15 and 3 North 26 degrees 03minutes 40 seconds West, 42.52 feet; THENCE continuing along the division line between Lot 15 and Lot 2 as shown onthe above-referenced map,North 20 degrees 47 minutes 20 seconds West, 52.54 feet to the division line between Lot 15and 14 as shown on the above referenced map; THENCE along said division line North 76 degrees 27 minutes 30 secondsEast, 130.35 feet to the Westerly side of Madison Avenue and the point or place of BEGINNING. Premises knownas 278 Madison Avenue, Port Chester, New York HELP FOR HOMEOWNERS IN FORECLOSURE NEW YORK STATE LAWREQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY.SUMMONS AND COMPLAINT YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE SUM-MONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR HOME. PLEASE READ THE SUM-MONS AND COMPLAINT CAREFULLY. YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGALAID OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF. SOURCES OF INFORMATION AND ASSISTANCEThe state encourages you to be<strong>com</strong>e informed about your options in foreclosure. In addition to seeking assistancefrom an attorney or legal aid office, there are government agencies and non-profit organizations that you may contactfor information about possible options,including trying to work with your lender during this process. To locate an entitynear you, you may call the toll-free helpline maintained by the New York State Banking Department at 1-877-BANK-NYS(1-877-226-5697) or visit the department’s website at WWW.BANKING.STATE.NY.US. FORECLOSURE RESCUE SCAMSBe careful of people who approach you with offers to“save” your home. There are individuals who watch for notices offoreclosure actions in order to unfairly profit from a homeowner’s distress. You should be extremely careful about anysuch promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offeringsuch services for profit to enter into a contract which fully describes the services they will perform and fees theywill charge, and which prohibits them from taking any money from you until they have <strong>com</strong>pleted all such promisedservices. § 1303 NOTICE NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summonsand <strong>com</strong>plaint by serving a copy of the answer on the attorney for the mortgage <strong>com</strong>pany who filed this foreclosureproceeding against you and filing the answer with the court, a default judgment may be entered and you can lose yourhome. Speak to an attorney or go to the court where your case is pending for further information on how to answerthe summons and protect your property. Sending a payment to your mortgage <strong>com</strong>pany will not stop this foreclosureaction. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORT-GAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. DATED: September 20, 2010 Steven J. Baum, P.C.,Attorney(s) For Plaintiff(s), 220 Northpointe Parkway Suite G , Amherst,NY 14228 The law firm of Steven J. Baum, P.C.and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtainedby them will be used for that purpose.SUPPLEMENTAL SUMMONSIndex No.: 2687-10Date of Filing: September 22, 2010SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF WestchesterBAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP,Plaintiff,-against-JUDITH MANDUJANO; BANCO POPULAR DE PUERTO RICO; MORTGAGEELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUN-TRYWIDE BANK FSB; NEW YORK STATE DEPARTMENT OF TAXATION ANDFINANCE; NEW YORK STATE TAX COMMISSION; ELVIS R LOPEZ, if living,or if either or all be dead, their wives, husbands, heirs-at-law, next of kin,distributees, executors, administrators, assignees, lienors and generallyall persons having or claiming under, by or through said ELVIS R LOPEZ, bypurchase, inheritance, lien or otherwise, of any right, title or interest in andto the premises described in the <strong>com</strong>plaint herein, and the respective husbands,wives, widow or widowers of them, if any, all of whose names are unknownto plaintiff; UNITED STATES OF AMERICA; “JOHN DOES” and “JANEDOES”, said names being fictitious, parties intended being possible tenantsor occupants of premises, and corporations, other entities or persons whoclaim, or may claim, a lien against the premises, Defendants.TO THE ABOVE-NAMED DEFENDANTS:YOU ARE HEREBY SUMMONED to answer the <strong>com</strong>plaint in this action and toserve a copy of your answer, or, if the <strong>com</strong>plaint is not served with this summons,to serve a Notice of Appearance on the Plaintiff’s attorney(s) withintwenty (20) days after the service of this summons, exclusive of the day of service,where service is made by delivery upon you personally within the State,or within thirty (30) days after <strong>com</strong>pletion of service where service is made inany other manner, and in case of your failure to appear or answer, judgmentwill be taken against you by default for the relief demanded in the <strong>com</strong>plaint.NOTICEYOU ARE IN DANGER OF LOSING YOUR HOMEIf you do not respond to this summons and <strong>com</strong>plaint by serving a copy of theanswer on the attorney for the mortgage <strong>com</strong>pany who filed this foreclosureproceeding against you and filing the answer with the court, a default judgmentmay be entered and you can lose your home.Speak to an attorney or go to the court where your case is pending for furtherinformation on how to answer the summons and protect your property.Sending a payment to your mortgage <strong>com</strong>pany will not stop this foreclosureaction.YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTOR-NEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWERWITH THE COURT.YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECTA DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PUR-POSE.TO THE ABOVE-NAMED DEFENDANTS:The foregoing summons is served upon you by publication pursuant to an Orderof the Honorable William J. Gia<strong>com</strong>o of the Supreme Court of the State ofNew York, signed on September 13, 2010, and filed with supporting papers inthe Office of the Clerk of the County of Westchester, State of New York.The object of this action is to foreclose a mortgage upon the premises describedbelow, executed by ELVIS R. LOPEZ to MORTGAGE ELECTRONICREGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE HOMELOANS, INC. DBA AMERICA`S WHOLESALE LENDER in the principal amountof $504,000.00, which mortgage was recorded in Westchester County, State ofNew York, on June 21, 2007, as CONTROL NUMBER 471650476. Thereafter saidmortgage was assigned to Plaintiff by assignment of mortgage.Said premises being known as and by 140 HALE AVE, WHITE PLAINS, NY10605.Date: April 9, 2010, Batavia, New YorkLaura Strauss, Esq., ROSICKI, ROSICKI & ASSOCIATES, P.C.,Attorneys for PlaintiffBatavia Office 26 Harvester Avenue, Batavia, NY 14020 585.815.0288NOTICE OF SALESUPREME COURT COUNTY OFWESTCHESTER, DEUTSCHE BANKNATIONAL TRUST COMPANY,AS TRUSTEE, IN TRUST FOR THEREGISTERED HOLDERS OF AME-RIQUEST MORTGAGE SECURI-TIES INC., ASSET -BACKED PASSTHROUGH CERTIFICATES, SERIES2003-AR2, Plaintiff, vs. DENNISPAPA, ET AL., Defendant(s).Pursuant to a Judgment of Foreclosureand Sale duly filed on August24, 2010, I, the undersigned Refereewill sell at public auction at theWestchester County Courthouse,Lobby, 111 Dr. Martin Luther King Jr.Boulevard, White Plains, NY on November30, 2010 at 9:30 a.m., premisesknown as 13 Timber Ridge, MountKisco, NY. All that certain plot, pieceor parcel of land, with the buildingsand improvements thereon erected,situate, lying and being known asUnit No. 13 in the building knownas 2B in the Timber Ridge Condominiumin the Town of Mount Kiscoand Town of New Castle, County ofWestchester and State of New York,Section 80.73, Block 1 and Lot 8.13and Section 82.19 Block 1 and Lot26.-13. Approximate amount of judgmentis $304,407.86 plus interest andcosts together with an undivided1.886 percent interest in the <strong>com</strong>monelements. Premises will be soldsubject to provisions of filed JudgmentIndex # 13334/09.John Perone, Esq., Referee Knuckles,Komosinski & Elliott, LLP, 565Taxter Road, Ste. 590, Elmsford, NY10523, Attorneys for PlaintiffFoundry Productions, LLC Articlesof Org. filed NY Sec. of State (SSNY)9/29/2010. Office in Westchester Co.SSNY design. Agent of LLC uponwhom process may be served.SSNY shall mail copy of process C/OSteven J. Wohl, ESQ. 1025 WestchesterAvenue Suite 305 WhitePlains, NY 10604. Purpose: Any lawfulactivity.2165 LLC Articles of Org. filed NYSec. of State (SSNY) 5/29/2008. Officein Westchester Co. SSNY design.Agent of LLC upon whom processmay be served. SSNY shall mailcopy of process The LLC 580 PinebrookBoulevard New Rochelle, NY10804. 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The Westchester Guardian THURSDAY, October 28, 2010Page 39Host your own Radio Show!New prime time avails on both Whitney stations!• Complete metro tri-state coverage! Powerful new transmitters!• Hour and half hour prime time avails on both WVOX and WVIP. First <strong>com</strong>e, first served!• Special Rates: for Educational … Religious … Public Affairs … Discussion …Music Shows … Health & Wellness … Multicultural (English language and others!).Reserve Now!Contact: David O’Shaughnessy 914-636-1460


Page 40 The Westchester Guardian THURSDAY, October 28, 2010KEEPIntegrity Money Can’t Buy!Bill EdwardsWestchester County Family Court JudgeCompetenceCharacterCommitmentA judge whodelivers “real”justice to everyoneProfessional Experience:• Full-time Acting Westchester CountyFamily Court Judge2007 - Present• Full-time Acting Westchester CountyCourt Judge 2007- Present.• Presides over New York State’s FirstIntegrated Youth Court2008 - Present• Acting Rockland County FamilyCourt Judge 2009 - Present• Mount Vernon City Court Judge 2003- Present• Presided over City of Mount Vernon Drug TreatmentCourt 2003 - Present• Former Supervising Attorney - Bronx Legal Services• Former Managing Attorney - NYC Dept. of HousingPreservation and Development• Over 25 years of Litigation experience• Multiple court decisions published in NY Law JournalEducation:• J. D. Columbia University School of Law• B. A. Williams CollegeAwards:• Recipient Tyng Fellowship• Recipient NAACP Legal Defense FundScholarship• Recipient Hugh Stewart MemorialHumanitarian Award• Recipient NYC Partners in EducationAwardPersonal:• Life-long Mount Vernon resident• Married to Helena R. Edwards• Father of 3 children (Jethro, Hillaryand Diana)Former New York State Chief Judge, Judith Kaye wrote thefollowing regarding Judge Bill Edwards: “I merely wanted toconvey my high opinion of him, to you. During my own judicialservice, he was assigned to preside over our frst Integrated YouthCourt, bringing before one (exceptional) judge both criminal andfamily court matters involving troubled youth. Obviously, thatrole requires special legal and human abilities. He was a greatchoice in every respect.”“Well Qualified”, Westchester Woman’s Bar AssociationPaid for by friends of Judge Bill Edwards • Contact Judge Bill Edwards Campaign at: judgeedwards2010@aol.<strong>com</strong>VOTE NOVEMBER 2, 2010 • VOTE 19B Republican and 19C Independencewww.westchesterguardian.<strong>com</strong>

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