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Volume 82, Number 28 $1.00

West and East Village, Chelsea, Soho, Noho, Hudson Square, Little Italy, Chinatown and Lower East Side, Since 1933

December 13 - 19, 2012

Durst pegs Pier 40 pile fix at $50 mil less than the Trust BY LINCOLN ANDERSON According to a new study by developer Douglas Durst, the Hudson River Park Trust’s cost estimate for repairing the piles at Pier 40 is excessively high — as much as $50 million too high. Earlier this year, Madelyn Wils, the Trust’s C.E.O. and president, and Daniel Kurtz, the Trust’s C.F.O. and executive vice president of finance and real estate, painting a dire

Photo by Sam Spokony

Amen! Free tuition-alujah! Reverend Billy and his choir blessed 11 Cooper Union students who had barricaded themselves in the Foundation Building clock tower after they ended their occupation Monday. “These people are saints in our church,” he said. See Page 4 for article.

Fracking foes take hacks at Con Edison and Spectra BY EILEEN STUKANE Four police officers stood at the entrance to the Village Community School where a meeting of Community Board 2’s Environment, Public Safety and Public Health Committee took place on Tues., Dec. 4. A New York Police Department van was parked at the curb directly in front of them. “The officers are just here as a precaution in case of O.W.S.,” an officer said,

referring to Occupy Wall Street protesters. He said “the borough,” as in Patrol Borough Manhattan South, had requested the police detail, not the Village’s Sixth Precinct. On its Web site, C.B. 2 had billed the meeting as an “Update by Con Edison on its connection to the Spectra pipeline.” It was mandatory for the meeting to be held, in that it was part of a negotiation that arose from a lawsuit filed by Sane

financial picture of the aging West Houston St. pier, said it would cost $80 million over the next 30 years to fix its metal piles, which Wils numbered at 3,700. Fourteen hundred of these piles — those in the worst condition — need to be repaired in the next five to 10 years, while the rest can be fixed in the following 10 to 15 years, Wils said then.

Continued on page 28

Ed Council O.K.’s Village rezoning due to new school BY SAM SPOKONY Amid continued opposition from some parents and teachers, the District 2 Community Education Council on Dec. 6 approved a sweeping rezoning that will carve out catchment areas for two new public elementary schools, and will affect zones for current schools from the West Village all the way to the Upper East Side.

Energy Project, five other environmental groups and several individuals, against the Hudson River Park Trust. The suit states that the Trust violated the terms of its charter and did not comply with New York State’s Environmental Quality Review Act, or SEQRA, in granting an easement to allow Spectra Energy to construct its natural gas pipeline across

Continued on page 31

5 1 5 CA N A L STREET • N YC 10013 • C OPYRIG H T © 2012 N YC COMMU NITY M ED IA , LLC

Most community criticism of the District 2 rezoning effort has been centered on the portion of the plan that creates a zone for P.S. 340, the new school located at W. 17th St. and Sixth Ave., which is scheduled to open in 2014 and has been dubbed the Foundling School because it will occupy the first six

Continued on page 8

EDITORIAL, LETTERS PAGE 12

REVOLUTIONARY NUTCRACKER PAGE 25


2 December 13 - 19, 2012

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Dora Frankl celebrated her 91st birthday at 20 Washington Square North by eating a latke followed by a jelly donut. N.Y.U. students also sang “Happy Birthday” to her.

Seniors and students were jellin’ and eatin’ lotsa latkas 43 Murray Street (downstairs lounge) between West Broadway & Church Sts.

Ten students from Chabad N.Y.U. brought boxes of potato pancakes, a.k.a. latkes, to share the holiday spirit with seniors at Caring Community at Greenwich House, at 20 Washington Square North, on Monday. The students sang a few Chanukah songs, served latkes with homemade applesauce to the seniors and

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Getting ready to dig into some latkes.

then hung out and schmoozed. While fried latkes are a well-known Eastern European traditional dish, in celebrating Chanukah, fried pastries called sufganiyot — like a fried jelly doughnut — are popular in Israel and have joined the menu at traditional observances. So, after their latkes, celebrants then ate jelly donut chasers.


December 13 - 19, 2012

SCOOPY’S

NOTEBOOK NO CONFIDENCE IN SEXTON? New York University Arts and Science faculty members will meet on Thurs., Dec. 13, to decide whether or not to conduct a vote of no confidence in N.Y.U. President John Sexton, according to a department-wide e-mail that was forwarded to this newspaper by an anonymous source. The meeting, which will take place at 2 p.m. in the Kimmel Center, on Washington Square South, will include a vote by all eligible Arts and Science faculty members to determine if a no-confidence vote will in fact be held. If the initial vote were to pass, the Arts and Science faculty would then hold a vote of no confidence that would be conducted electronically — and anonymously — between Mon., Dec. 17, and midnight Fri., Dec. 21, according to the department e-mail. Arts and Science is the largest academic community at N.Y.U., comprising the College of Arts and Science, the Graduate School of Arts and Science and the Liberal Studies program. It is one of the 12 schools whose representatives comprise the N.Y.U. Faculty Senators Council. Clearly, the vote is pegged to the university’s 2031 development plan, which would impact faculty living on the university’s South Village superblocks. A few years ago, New School faculty members gave a vote of no confidence to the school’s former president, Bob Kerrey, but that was tied to his serial removals of provosts, among other things. BROOKE BAMBOOZLED? Back in the 1980s, nothing famously came between a young Brooke Shields and her Calvin Klein jeans. But, from the sound of it, some new foliage is now threatening to rudely intrude between the actress and her backyard sunlight at her West Village home. Someone last week sent us an anonymous e-mail, telling us to take a look north from a certain building service entrance on Christopher St., in order to see how new neighbors have planted, as the source called it, “a forest of 30-foot-high bamboo plants overshadowing Brook’s [sic] beautifully manicured garden. These invasive weeds will eventually take over and destroy most of the shared gardens and yards” on Shields’s block, the concerned source said, adding, “It’s amazing this widely condemned, non-native weed is allowed to be planted in

Photo by Scoopy

Some tall new bamboo, at rear right, is reportedly coming between Brooke Shields and her Calvins... er, sunlight.

the historic West Village gardens!” We’re not Page Six, so we we’re not exactly sure Shields even lives at the newly bamboo-bordered bungalow, but, as we looked north through the alley, we definitely did espy a stand of the controversial tall green stalks. Maybe she could call in ex-hubby Andre Agassi to knock them down by hitting tennis balls at them? NOT EASY BEING GREEN: Mark Green came very close to becoming mayor in 2001 — some observers thought he could have won had 9/11 not sent Rudy Giuliani’s popularity soaring, helping Giuliani’s pick, Mike Bloomberg. But clearly, Green’s stock has fallen dramatically. Julie Menin, former chairperson of Community Board 1, made her longexpected campaign announcement for borough president last week, touting the endorsements of more than 200 community leaders in a campaign release. Green was one of a few hundred supporters listed — but his name was buried at the bottom, and did not even make the first cut when 17 of the other 64 East Side leaders were featured more prominently. … Also endorsing Menin was former Manhattan Borough President C. Virginia Fields. EYES FOR SQUAD SEAT: Some may still be digesting President Obama’s win, but politicos tend to think a few elections in advance. So we weren’t too surprised that Democratic

District Leader Paul Newell told us last week that he will absolutely run for state Senate in 2014 if state Senator Daniel Squadron wins next year’s public advocate race. Newell would be well positioned to win such a special election, since as district leader, he has selected some of the state committee members who would be responsible for naming the Democratic nominee. Squadron has not yet made his “official” announcement for the citywide race, but all systems appear to be go, and the still-young senator can run without risking his seat. Squadron dropped the “exploring” a campaign language in his group’s latest release announcing a fundraising, dim sum dining date with his family and Senator Kirsten Gillibrand on Jan. 6. Newell, who challenged Assembly Speaker Shelly Silver four years ago, said he also frequently gets asked to take on a less powerful titan, Councilmember Margaret Chin. He and Sean Sweeney, a power in Downtown Independent Democrats, both said they think Chin is somewhat vulnerable next year, but both agreed it would be an uphill battle and were far from certain there would be a strong challenge. “A lot of people are dissatisfied, particularly north of Canal St.,” Sweeney told us. The D.I.D. politico, who is also director of the Soho Alliance, has differed with Chin on the merits of a Soho business improvement district, adding that others are miffed with Chin’s positions over issues like approving N.Y.U.’s superblocks megadevelopment plans and failure to preserve 135 Bowery. But Newell said he won’t run for Council because his interest lies in the state Legislature, where he could have a greater say in housing and transportation. He said his co-district leader, Jenifer Rajkumar, also gets a lot of pleadings to run for City Council, but he and Sweeney did not sound confident she would jump in the race. Alas, we did not hear back from Rajkumar, but Chin told us she’s hearing that Rajkumar will run. “I think there’s a lot of talk going around,” the councilmember said, adding she’s confident in her record and isn’t worried about a challenge. Money never hurts and Chin planned to kick off her fundraising campaign this week in the South Street Seaport, with other events planned this month in Chinatown and the Financial District. VEGAN AID: As if Peter Silvestri didn’t have enough of a challenge keeping his Whole Earth Bakery afloat on St. Mark’s Place near Avenue A, along came Sandy. The vegan mecca was hit hard, and Silvestri had to give

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away or throw out tons of food. Meanwhile, his rent recently was raised from $3,000 a month to $5,000, and his landlord moved to evict after Silvestri missed a couple of months’ payment. Plus, St. Mark’s has morphed from a shopping street into Bourbon St., so patrons are mainly coming there to pound pints, not ingest vegan pastries and other healthy delights, in Silvestri’s view. But, never fear, Lucky Ant is coming to his rescue. The crowdfunding initiative has targeted the beleaguered bakery for help, and Silvestri has about a week left to reach the $10,000 mark that Lucky Ant has set. He needs $9,000 more — so help him out and buy some of his tofu temptations and hemp cookies. They won’t get you high, but you’ll feel a natural high from helping a neighborhood institution that has been on St. Mark’s since 1991. PIER PRESSURE? The Capital recently reported that Barry Diller — chairperson of IAC and husband of Diane von Furstenberg — is considering donating $35 million toward a renovation of Pier 54, in Hudson River Park at W. 13th St., if the Hudson River Park Trust can secure matching funds from the city and state. In connection with Diller’s pledge, a design competition is reportedly in the works for the currently blacktopped event pier. We asked SKDKnickerbocker, which does p.r. for the park, for confirmation, but they’re not releasing much info. Spokesperson Stefan Friedman responded, “Pier 54 is one of the Hudson River Park’s last undeveloped public piers and has enormous potential to be another openspace gem for New Yorkers to enjoy. While we have reached out to members in the design community to discuss ideas, we are still in the extremely early stages of this effort. The very moment we have funding for the pier, we will reach out to our partners in the community, and, together, we will determine how best to take advantage of this fantastic opportunity.” Another SKD’er described plans for Pier 54 at this stage as “wildly embryonic.” CINEMATIC SOIREE: Indie director M.M. Serra, whom The Villager recently profiled along with Taylor Mead, has organized a holiday mixer for the Film-Makers’ Cooperative and Millennium Film Workshop at Anthology Film Archive on Sat., Dec. 15, from 2:30 p.m. to 5:30 p.m. The benefit — $15 at the door — will feature a screening curated by Donna Cameron and Coleen Fitzgibbon of new films in F.M.C.’s collection, plus pizza donated by Two Boots.

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Cooper occupation ends, but tuition protests go on BY SAM SPOKONY They descended from a tower — but, perhaps, not one of ivory. And as the 11 Cooper Union students who’d locked themselves inside the top of the elite college’s Foundation Building finally emerged on Monday, after a weeklong occupation, it was the embraces of their peers and fellow protesters that finally brought them back to earth. “It was strange looking out that window, looking down and seeing people cheering,” said John Cuba, a 20-year-old art student, between the hair tussles and shoulder grabs offered by smiling friends. “It was weird… . I kept forgetting we were actually at Cooper.” A surreal experience, to be sure, and one that the protesters — who aim to prevent the financially struggling college from following through on its administration’s plans to begin charging tuition next year — believe was also a successful one. After they’d barricaded themselves inside the building’s historic clock tower on Dec. 3, the occupiers proclaimed their three demands: The administration should reaffirm Cooper Union’s mission statement (which says that the college provides fulltuition scholarships for all enrolled students); there should be greater transparency in the college board of trustee’s decisionmaking process; and, finally, that President Jamshed Bharucha should step down.

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Cooper Union has not yet acquiesced to any of those demands. But protesters believe that their highly vocal presence over the past week, in addition to the occupation, has won them a moral victory. It’s also drawn professors, alumni and students from other schools in support of their cause, along with coverage by the mainstream media. And after the occupiers walked out on Monday, the students collectively reiterated that they’ve already taken the third demand into their own hands — by declaring that they no longer recognize Bharucha as their school’s president. “It feels like being in that room has done what it needed to do, in that everyone outside has kind of come together, and we all have a common idea of what needs to happen,” Cuba said. Monday’s events followed a hundredsstrong rally that took place on Saturday, which saw a group of student protesters, alumni and Occupy Wall Street activists march from Washington Square Park to the foot of the Foundation Building in Cooper Square. Cooper Union was founded by inventor and industrialist Peter Cooper in 1859. It’s currently one of only a handful of institutions of higher learning in the country that offers a free education. According to the college’s press office, the policy on full-tuition scholarships for all stu-

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At Saturday’s protest march, Cooper Union students handed out a newspaper with reports on the occupation and critiques of the school’s administration.

dents began in 1902, when a large endowment was received. Before that, students who could pay their tuition did so. But Professor Peter Buckley, who teaches history at Cooper Union and acts as the college’s unofficial historian, clarified the school’s statement regarding tuition history by providing his own. “With the exception of a small number of amateur students in the women’s Day School of Art, all [Cooper Union] students in certificate or degree programs have received tuition without paying for it,” Buckley said. “This has been the case since 1859. Let’s not pretend it was the policy of Cooper Union to charge tuition in its early years and that mere circumstance has delayed its return.” The current student protests were sparked by Cooper Union’s administration and Bharucha saying that drastic measures, such as implementing tuition costs, are needed to keep the college from financial ruin. The school announced in April that it will begin charging tuition for graduate students next year, along with considering tuition charges for some undergraduates. Cooper Union faced a 28 percent, or roughly $17 million, operating deficit for the 2011 fiscal year, while falling $53 million short of its goals for donations and overall endowment revenue, according to an October report by the college’s Revenue Task Force. The task force aims to create $12 million in new revenue streams by fiscal year 2018. The report’s creators estimated that a series

of new, tuition-based, cross-disciplinary graduate programs at Cooper Union would bring in about $6.5 million by then. To close the revenue gap, the task force raised the possibility of cutting undergraduate scholarships by 25 percent. According to the report, this would bring in about $6 million more in new revenue by fiscal year 2018. Anticipating outcry over that idea, the report’s writers noted, “Such a change should be implemented only when all other measures fall short of ensuring the survival of the school.” But many students and professors believe that an end to full-tuition scholarships would permanently damage the overall character of Cooper Union. And as one of the occupiers put it, they want to shift the narrative that’s being written to solve the school’s financial woes. “The administration had a certain narrative that they preaching, and that was expansion, in terms of these new graduate programs,” said Aaron Graham, a 21-yearold art student, after he descended from the clock tower on Monday. “It was really hard to change that narrative, but I think we’ve been successful in that, in that we’ve started talking about different things — things that the community knows are more important, like reaffirming the mission statement. And since this place is full of smart people, I think that we can think of solutions that are alternatives to that expansionist model.” The protesters stressed on Monday that, although the occupation is over, the protest itself is not. While there are few concrete plans in place for the future, students did say that they plan to attend the college’s next board of trustees meeting in January. Last Wednesday, several students forced their way into a board meeting to disrupt it with symbolic sobbing, and also to stream it live. And as the protesters go back to the collective drawing board with newfound wind in their sails, the 11 occupiers will finally be taking a break from the action. “My first move now is to take a shower,” Graham quipped, laughingly echoing the sentiments of his similarly musky compatriots. But they pointed out that the break, however well-deserved, won’t last long. From the occupiers’ point of view, they’ve simply put too much into these protests to just leave their hearts up in the clock tower. “I’m going to be there with them at the next board meeting,” Cuba said. “I just want to join the rest of the students in whatever they’re doing. I’m ready to join them.”


December 13 - 19, 2012

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Photo by Sam Spokony

Pols call for food aid expansion BY SAM SPOKONY Coalitions of elected officials at the city, state and federal level are calling on Mayor Bloomberg and the city’s Human Resources Administration to expand access to the Disaster Supplemental Assistance Program (D-SNAP) benefits that were approved last week for those affected by Hurricane Sandy. D-SNAP, which is funded by the U.S. Department of Agriculture, provides replacement benefits for food stamp recipients who lose food in a disaster, while also extending benefits to many households that would not ordinarily be eligible for food stamps but suddenly need assistance. D-SNAP benefits are currently available to eligible residents of Manhattan’s 10002 zip code, which includes nearly all the Lower East Side and part of Chinatown. Residents can apply for the benefits until

Protesting Cooper Union students, faculty and supporters, including Occupy Wall Street members, marched from Washington Square Park to Cooper’s Union Foundation Building on Saturday.

Dec. 18 at 495 Clermont Ave. in Downtown Brooklyn, as well as at another location in Staten Island until Dec. 17. But groups of eight U.S. congressmembers, led by Jerrold Nadler, and seven city and state politicians, led by state Senator Daniel Squadron, sent letters Wednesday urging Bloomberg and H.R.A. to include more zip code areas in the program, especially in Lower Manhattan. They also called for the creation of additional application centers, since many residents in storm-affected areas — especially elderly or disabled people — are unable to reach the Brooklyn or Staten Island locations. The politicians further asked the city to extend the current application deadlines, and the U.S.D.A. has stated that would be possible.

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6 December 13 - 19, 2012

POLICE BLOTTER Arrest in senior mugging On Wednesday, police at the Sixth Precinct were reported to be interrogating a suspect in the violent mugging of a Greenwich Villager senior, 85, in a push-in assault in her building’s elevator. The suspect, 33, was arrested after security at Stuyvesant Town spotted him hanging around the area around 10:10 p.m. Tuesday. Police said the man matched the description of the mugger in the robbery of Yvonne SherwellDemakopoulos on the night of Sat., Dec. 8, at her building on 13th St. near Eighth Ave. Sherwell-Demakopoulos, a former Shakespearean actress, told police that the hulking attacker, who had already been waiting inside the building’s lobby, followed her into the elevator around 11 p.m., where he pushed her down and took her handbag. The man then also forced Sherwell-Demakopoulos to hand over her wedding ring — which was the most crushing blow for the woman, whose husband, Christos Demakopoulos, 80, is nearing his final days in a nursing after suffering a recent stroke. The suspect was caught on security video footage. Neighbors later told police that they believed the crook may have followed a resident into the building before SherwellDemakopoulos entered. The disturbing crime put neighborhood residents on alert. State Senator-elect Brad Hoylman —

who will take office to replace Tom Duane in less than a month — took to the streets Tuesday night to inform residents of the police’s search for the mugger. Hoylman stood on the corner of W. 14th St. and Eighth Ave., along with several aides, handing out fliers that described the crime and showed an image and description of the perpetrator. According to WBAC, the suspect is believed to have mugged at least four other women, both young and old, sometimes using a gun, in the East Village and Far Rockaway. In the most recent robbery, the suspect reportedly was caught on a security camera stealing the purse of a woman, 22, at gunpoint in Gramercy.

Repaid with robbery A 44-year-old man told police that as he was walking toward a Chase A.T.M. on W. Fourth St. near Grove St., around 4 p.m. on Dec. 9, an unknown man — later identified as Yester Canelas, 31 — approached him and asked for money. The unsuspecting man then handed over a dollar’s worth of change to Canelas and proceeded to the A.T.M. But as the man was punching the buttons to get his cash, Canelas snuck up behind him and hit him on the back of the head, according to the police report. And when the victim’s $20 bill came out of the machine, Canelas tried to push

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After a senior was mugged in her elevator on W. 13th St. on Saturday, state Senator-elect Brad Hoylman, at W. 14th St. and Eighth Ave., above, handed out fliers Tuesday night showing an image of the perpetrator. A few hours later, a suspect was caught in Stuy Town, and he was being questioned Wednesday.

the man away and grab the green for himself. Fortunately, as they were struggling over the bill, two bystanders — a 27-year-old man and a 52-year-old woman — came to the victim’s aid and helped fend off the attacker off until police arrived. Canelas was charged with robbery, but he couldn’t be interviewed after the crime because police said he was “acting irrationally,” and had to be taken to Beth Israel Hospital for a psychiatric evaluation.

nal possession of a controlled substance after they found alleged cocaine, along with a rolledup dollar bill in his pocket. On top of that, in another pocket the officers discovered a car key that, upon further investigation, also didn’t belong to Rosado — so he was also charged with criminal possession of stole property.

Credit card swipe

A night of drinking on Fri., Dec. 7, ended in handcuffs for a man who decided to take out his frustration on the bartender. Fredrik Gustafsson, 30, was creating a disturbance inside Thunder Jackson’s bar, at 169 Bleecker St., around 11:30 p.m., witnesses told police, and after the ruckus became too great, he was asked several times to leave. But Gustafsson refused, and began threatening the bar’s staff, eventually telling a bartender, “I will kick your ass,” while brandishing his fists, according to the employee’s testimony. Multiple bar employees worked together to toss Gustafsson out of the establishment and onto the street, where cops picked him up and charged him with menacing.

Madame X, on West Houston St., promotes itself as the city’s sexiest bar — but on Sat., Dec. 8, one female patron was probably turned off after a thief snatched her credit card and used it to buy himself a few drinks. The woman left her purse momentarily unattended on a barstool around 3 a.m., and the satchel was quickly seized by Moussa Diarrassouba, 37, police said. The opportunistic crook then fished through the bag, pulled the card from her wallet, and subsequently threw out both the bag and wallet to eliminate the evidence — or so he thought. Diarrassouba used the stolen credit card to pay his tab for the night, but the bartender got wise shortly afterward and reported the shady activity. Police arrived on the scene shortly after that, and charged Diarrassouba with grand larceny and forgery.

Printer perp Police busted a burglar who tried lifting a printer from a commercial building in the Meatpacking District early on Dec. 8. A witness called police around 5:30 a.m. to report that they’d spotted a man, later identified as Frank Rosado, Jr., 43, inside the building at 15 Little W. 12th St., carrying a printer that apparently didn’t belong to him. After arriving on the scene, officers quickly arrested Rosado for burglary. They also charged him with crimi-

Thunderous threats

Inside job Police have arrested a former West Village restaurant employee for grand larceny about a month after he allegedly stole more than $3,000 from the establishment while working. The owner of Gizzi’s, at 16 W. Eighth St., reported the theft after it occurred on Nov. 12, around 1 a.m. Once he’d checked the restaurant’s security cameras, he then told police that he believed it was an employee, Raul Colon, 42, who took the cash from behind the bar, as well as an upstairs office, before disappearing. Using the video footage to confirm the perpetrator’s identity, officers searched for Colon, and eventually nabbed him on Dec. 6.

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8 December 13 - 19, 2012

Council O.K.’s rezoning for new Foundling School; Continued from page 1 floors of the New York Foundling Hospital building. By assigning a catchment area that it believes will be large enough to sustain the Foundling School, the city’s Department of Education has said it hopes to alleviate the serious overcrowding impacting P.S. 3 and P.S. 41 in the West Village. But in doing so, the D.O.E. 2014 plan also removes the stretches of 12th and 13th Sts. east of Greenwich Ave. from the currently shared P.S. 3/P.S. 41 zone, and funnels them into that of the Foundling School. Parents who live on 12th and 13th Sts. have repeatedly spoken against this element of the plan, because many feel it is dangerous to force children to cross busy 14th St. intersections, and also because many think that the new boundary will have a negative effect on their children’s relationship with the overall Greenwich Village community. But C.E.C. members saw benefits in the rezoning that they felt outweighed the concerns. “In the end, our charge is to do what’s fairest for the most people,� said C.E.C. member Michael Markowitz before the vote, adding that he was in favor of creating a sizable, defined zone for the

Photo by Sam Spokony

From left, District 2 Community Education Council members Eric Goldberg, Shino Tanikawa, the council’s president, and Michael Markowitz at the C.E.C.’s Dec. 6 meeting.

Foundling School in order to prevent problematic under-enrollment there. Eric Goldberg, another member of the council, elaborated by explaining that the process that led to drawing the 12th St. boundary was essentially focused on mak-

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ing the Foundling School’s zone a sustainable one. “If it’s not sustainable, it’s really going to hurt that school in the future,� he said. “We had to look into the overcrowded areas to find enough space for that, and

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we cut out what we felt would be natural choices to make this work.� D.O.E. representative Drew Patterson was also at the vote to give a final explanation of why the decision was made to split up the Village school zone. “We took a hard look at [12th and 13th Sts.] for many months,� Patterson said. “It comes down to the fact we need to alleviate [overcrowding at] P.S. 3 and P.S. 41, and cutting from the northern part of that zone is the only way we can do that.� Under the approved plan, the Foundling School’s overall zone will have an easternmost boundary of Park Ave. South/ Fourth Ave., starting from the north at E. 23rd St., and a southernmost boundary of 12th St./Greenwich Ave., finishing at its westernmost point at the intersection of W. 14th St. and Eighth Ave. The northwest boundary of the Foundling School’s zone will cut a jagged path — along W. 14th St. between Eighth and Seventh Aves.; along Seventh Ave. between W. 14th and W. 18th Sts.; along W. 18th St. between Seventh and Fifth Aves.; along Fifth Ave. between W. 18th and W. 23rd Sts.; and along E. 23rd St. between Broadway and Park Ave. South.

Continued on page 9


December 13 - 19, 2012

9

Votes next on splitting P.S. 3/41 shared district Continued from page 8 In addition to downsizing the shared P.S. 3/P.S. 41 area, the rezoning will affect the catchment area sizes of P.S. 11, in Chelsea, and P.S. 130, near Chinatown, by slightly increasing the former and decreasing the latter. The plan also rearranges the zone allotted to Gramercy’s P.S. 40, whose principal, Susan Felder, had been an outspoken critic of D.O.E.’s proposals. The other portion of the rezoning approved by the C.E.C. on Dec. 6 will make way for a new elementary school in Murray Hill that is scheduled to open in 2013. That school, P.S. 281, under construction at E. 35th St. and First Ave., will also have an effect on the P.S. 40 zone, as well as on three other schools — P.S. 116, P.S. 59 and P.S. 267 — whose current zones collectively span from Kips Bay to the Upper East Side.

more data within the areas immediately surrounding the new schools. It’s unclear at this point whether D.O.E. actually plans to heed those calls and work with the C.E.C. to compile additional data.

‘IT’S SITED INCORRECTLY’

‘If the point is to reduce overcrowding, the school belongs somewhere in between the two overcrowded schools, not up by P.S. 11.’ David Gentile

BETTER DATA NEEDED Although the rezoning plans for both new schools were approved, both resolutions stated that the C.E.C. believes that D.O.E.’s projections are “based on inappropriate assumptions and are not at the scale adequate for school rezoning, making it difficult to render decisions.” To that end, the resolutions call on D.O.E. to work with the C.E.C. to improve enrollment projections for both the Foundling School and P.S. 281, in order to provide a more accurate assessment of the new schools’ capacity needs. In addition, the C.E.C. requested that D.O.E. closely monitor application and enrollment trends at all schools affected by the rezoning in future years, to determine if the boundaries have in fact been properly drawn. Those additions to the resolutions are direct acknowledgements of the many complaints by both parents and teachers regarding the fact that D.O.E. redrew the boundaries now, rather than waiting another year or two in order to gather

deal with enrolling different student populations — a troublesome prospect for administrators and teachers, as well as the parents who may be caught off guard by the multiple shifts.

When asked how the department will approach future assessments of the affected areas, given the concerns and requests noted by the C.E.C. in its resolution, a D.O.E. spokesperson responded simply by describing the standard process used to project zone sizes. “We project zone sizes by analyzing how many students currently live in the school zone; analyzing trends in population growth or decline; factoring new residential projects that may yield additional student population growth; and applying an assumed rate of retention or demand within the zone,” the spokesperson said — though not mentioning anything about working with the C.E.C. to gather more data for zones affected by the Foundling School or P.S. 281. P.S. 40 representatives had been especially vocal about a perceived need for more study before taking action, because D.O.E.’s 2013 and 2014 plans both entail shifts to the E. 20th St. school’s zone. This means that, in back-to-back years, the Gramercy-area school will have to

While many parents on 12th and 13th St. remain incensed by the notion that their children may be, to some degree, cut off from the Greenwich Village community by having to attend a Chelsea school, one of those parents believes that the primary problem that led to that situation has been glossed over throughout the debate. Davide Gentile, who lives on E. 12th St., between Broadway and Fifth Ave., and has a 6-month-old son, said he thinks that the real issue isn’t that the boundaries are being drawn incorrectly, but that W. 17th St. and Sixth Ave. just isn’t such a good place to put a new elementary school right now. “It’s just sited incorrectly,” said Gentile, who also represents the E. 12th and 13th St. Block Association. “If the point is to reduce overcrowding, the school belongs somewhere in between the two overcrowded schools, not up by P.S. 11.” He went on to assert that, ideally, the new elementary school should in fact be located “somewhere near the N.Y.U. core.” Gentile noted that the ever-expanding university actually promised to build a Village elementary school all the way back in 1960 — he was citing the words of former City Councilmember Carol Greitzer, who recently wrote about that promise in this newspaper. That promise was basically used as a peace offering to the community, as N.Y.U. was attempting its initial expansion in the Village in 1960, after the developer of Washington Square Village allowed the university, through negotiations, to take over that complex as well as several other undeveloped blocks. But now, over a half century later, that pledge has of course gone unfulfilled — and Gentile says that’s not fair.

“I’m just not happy because this school is being put in the wrong place because of this problem,” he said. “I don’t like to vilify N.Y.U., but the fact is that they’ve been punting on this for 50 years. And if we just had another elementary school right in the Village, we wouldn’t even have to have this debate over chopping out the top of the Village in a rezoning plan.” Having said that, Gentile explained that he believes the Foundling School will almost certainly end up being a very good school in terms of performance. But given all of the disputes that have gone into finding its zone, the real question, he noted, is when that potential will be realized. “Will it happen in the first year,” Gentile asked, “or in 10 years, or in 20?”

TO SPLIT OR NOT TO SPLIT Now that the rezoning plans for both the Foundling School and P.S. 281 have been approved, the C.E.C. still needs to vote on another D.O.E. proposal — namely, a split in the P.S. 3 and P.S. 41 zone, which currently allows Village parents to choose either one of the two schools. By splitting the relatively large zone, D.O.E. has said it aims to further alleviate both overcrowding and administrative enrollment issues in the two schools. Some parents and teachers — mainly from P.S. 41, which is the more overcrowded school — believe that a split would be effective in solving those problems. But others think the benefit of choice that comes with a shared zone is too valuable to lose. Still others think that a split — which wouldn’t actually decrease the overall area of the two combined separate zones — would simply have no effect on overcrowding. The C.E.C. will vote on whether to split the remainder of the Village zone at its meeting on Wed., Dec. 19, at 6:30 p.m., at 351 W. 18th St. The first portion of the meeting will be open for community feedback on the proposal.


1 0 December 13 - 19, 2012

S.U.V. plows into woman on Canal, injuring her leg

Photo by Sam Spokony

A female pedestrian was struck by a Toyota S.U.V. while she was crossing Greene St. at Canal St. early last Friday evening, leaving her with a painful leg injury, apparently a fracture or break. Passersby came to her aid and comforted her, as a light mist fell, while awaiting the arrival of police and E.M.T.’s. The car’s driver, possibly trying to be helpful after ramming into the slight woman (holding her hand over her face, above),

kept trying to flick her hood over her head as she lay prostrate on the ground, but it only further distressed her, and she weakly protested, “Please, get away from me!” A Villager reporter told the man he wasn’t an E.M.T. and should leave the injured woman alone until help arrived, and the driver backed off. Police responding to the scene didn’t give the driver a breathalyzer test, despite a reporter’s suggestion, because, as one of them

said, the man’s breath didn’t smell of alcohol and his eyes didn’t show signs of intoxication. The Toyota’s driver told the officers he had only been going 5 miles per hour when he struck the woman. However, there didn’t appear to be any witnesses at the scene to corroborate his claim. Medics arrived and made to lift the woman onto a raised gurney on wheels, but she was in too much pain. They next used a body board laid next to her

on the ground, but that was also painful for her. “Ahh! I can feel the break!” she winced as they shifted her onto the board, then lifted that onto the gurney. Police took the driver aside, but it didn’t appear they would file any charges. “People are getting hit all the time on this street,” one of the officers noted of busy Canal St.

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December 13 - 19, 2012

11

Science teacher accused of bullying 12-year-old girl BY SAM SPOKONY A teacher at an East Village middle school is under fire for allegedly bullying a 12-year-old student by showing the youth’s confidential medical information to an entire class. “She feels helpless,” said Chanel Clark, the mother of the girl, who is in seventh grade at the Technology Arts and Sciences Studio School, on First Ave. at 11th St. “It’s been really hard on her, and now that so many of the other kids and teachers know, she’s struggling with the anxiety and depression.” Clark explained that her daughter has been diagnosed with Oppositional Defiant Disorder, or O.D.D. — a medical condition that causes severe behavioral outbursts in school settings, affecting a child’s ability to comply with authority figures and learn classroom material — and is

currently in a psychological treatment program at Beth Israel. As part of that program, the girl’s teachers at TASS were asked to fill out a tracking form to rate her classroom behavior each day. Clark had instructed all of her daughter’s teachers that those documents were to be kept private. But during his Sept. 28 class, science teacher Benjamin Lewin placed one of the forms on a projector, revealing it to the girl’s peers and leaving her feeling embarrassed and ashamed. In an e-mail to her mother several days later, Lewin admitted to publicly showing the girl’s form and apologized, saying that it was “completely unintentional,” and that it “will not happen again.” But Clark still isn’t buying that response. Calling Lewin’s actions “bully tactics,” she

Affordable M.H.A. tenants buy their units for only $250 BY LINCOLN ANDERSON The Cooper Square Mutual Housing Association, a low-income housing provider, has scheduled about 280 co-op closings in 21 buildings during the first two weeks of December, comprising more than 80 percent of the association’s 327 apartments. “Tenants are buying shares in the M.H.A. for the jaw-dropping amount of just $250 each,” said Val Orselli, the M.H.A.’s executive director. “We’ve averaged about 60 closings per day so far.” On Oct. 4, the state Attorney General’s Office declared the precedent-setting mutual housing association’s multi-building co-op conversion plan effective, meaning the nonprofit organization could begin selling shares to the 327 low-income apartments in the scattered-site cooperative. “This has been a very long-term project, more than 50 years actually,” said Frances Goldin, co-founder of the Cooper Square Committee, who has been involved in the process since it began. “In 1959, Robert Moses had designated a 12-block area from Ninth St. to Delancey St. as the Cooper Square Urban Renewal Area, and hundreds of buildings were to be taken through eminent domain, and slated for demolition in order to build middle-income housing. We formed the Cooper Square Committee to fight the plan. We held rallies, demonstrations, testified at hearings and some of us even got arrested, and we created our own community-based alternative plan, and ultimately we won,” Goldin said. The city acquired dozens of buildings in the renewal area in the 1970s, but plans for renovation and new buildings stalled in the fiscal crisis. All of the buildings required major renovation, since they were old-law tenements. Many had French tubs in the kitchen and shared bathrooms in hallways. In 1990, the Cooper Square Committee signed a memorandum of understanding

with the Dinkins administration, pursuant to a revised urban renewal plan that called for renovating the residential buildings, most of which are on E. Third and Fourth Sts. These would be transferred to a nonprofit housing company formed by Cooper Square Committee, and ultimately become lowincome co-ops. The committee formed the M.H.A. in 1991 and it began managing 21 of the city-owned buildings. Renovations began in 1991, and the last building was finally completed four years ago. “We were not permitted to convert the buildings to a cooperative until they were all renovated,” Orselli said. Non-purchasers’ apartments will either be rent-stabilized or if not rent-stabilized under law will still have their rents determined by the Rent Guidelines Board increases. “When the Cooper Square Committee created the M.H.A. in 1991, the community was already gentrifying,” said Steve Herrick, the committee’s executive director. “We didn’t want to have the buildings go into the Tenant Interim Lease (TIL) program or some other alternative management program that would have only a 25-year regulatory agreement, and end up becoming marketrate housing. So we researched other affordable housing models, and we borrowed the M.H.A. model from Northern Europe. This is the first mutual housing cooperative in New York State.” Shareholders won’t be able to make significant profits off their units. Resale prices are limited to the original purchase price — $250 for insider purchasers and $1,800 for outside purchasers, adjusted for inflation — plus any board-approved improvements. Shares must be sold back to the M.H.A., which will transfer them to approved buyers. “These apartments are going to be a source of affordable housing for future generations of working-class New Yorkers,” said Maxine Fee, the M.H.A.’s chairperson.

claimed that the teacher has been repeatedly insensitive regarding her daughter’s condition ever since she informed him of the Beth Israel program. “When I first explained the importance of the tracking forms to [Lewin], he actually made a smart remark to me, and said something like, ‘Oh, I hope she won’t be a zombie in class,’ ” Clark recalled. She added that, ever since the Sept. 28 incident, her daughter has told her that Lewin is continuing to be a “jerk” to her, and is avoiding teaching her. The girl is currently failing Lewin’s class, even though Clark stressed that she is a bright girl. Lewin couldn’t be reached for comment. TASS Principal George Morgan said that he hadn’t taken any disciplinary action against the science teacher, and declined to comment further. Clark also accused Morgan of insensitivity, saying that he tried to make it seem like she was overreacting to the incident involving Lewin. “He told both me and my daughter that she had blown the whole thing out proportion,” Clark said. “But the fact is that [Lewin] is an adult, he’s a school official, and he’s supposed to be responsible.” The matter was initially referred to the Office of the Special Commissioner of Investigation, which operates independently from the Department of Education. But an S.C.I. representative said on Monday that the matter has since been referred back to D.O.E. — and apparently no investigation was actually

conducted. But Lewin, Morgan, D.O.E. and the city may soon have to face a lawsuit instead. Clark’s lawyer, Frank Cassisi, said that he is the process of filing a notice of claim — a preliminary action before an actual suit is filed — against all the aforementioned parties for alleged damages resulting from Lewin’s conduct, as well as the teacher’s superiors’ failure to reprimand him. Cassisi asserted that Lewin’s actions during the Sept. 28 incident violated federal laws that prevent the public disclosure of confidential medical information. He further claimed that, throughout her experiences at TASS, Clark’s daughter’s disability was not adequately handled. Specifically, he said, D.O.E. and TASS never developed an Individualized Education Plan for the girl, which is required under the federal Individuals with Disabilities Education Act. Meanwhile, Clark said she’s becoming increasingly frustrated by the fact that her daughter must continue to attend TASS after this incident. “I think it’s just a bad environment for her now,” she said. Clark had previously attempted to get approval from D.O.E.’s Committee on Special Education to have her daughter transferred out of TASS and into a private school, but the committee denied the request, suggesting that the girl will do better in a public school. “I disagree,” Clark said. “I think the public school has failed her, and she needs a program that’s more sensitive to her needs.”

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12

December 13 - 19, 2012

EDITORIAL Visions of Pier 40 Several months ago developer Douglas Durst offered an alternative proposal for Pier 40. Now, based on a recent professional engineering study of the aging pier’s thousands of metal support piles that Durst commissioned, he says the piles can be preserved in their current condition for as little as $30 million. In both cases, Durst seems to be at odds with the Hudson River Park Trust, the state-city authority that is building and operating the 5-mile-long park, which includes Pier 40, at West Houston St., as its largest, revenue-generating “commercial node.” As it so happens, Durst is also chairperson of the Friends of Hudson River Park, which was formerly the park’s watchdog group — filing lawsuits, if needed, to get unwanted municipal or other uses out of the park. Today, the Friends are the park’s main private fundraising group, and its executive director, A.J. Pietrantone, has been a leader of the effort to form a neighborhood improvement district, or NID, to raise badly need funds for the cash-strapped park, which is intended to be financially self-sustaining. Meanwhile, the Trust, under the leadership of its president, Madelyn Wils, and chairperson, Diana Taylor, for the past year, has been saying that the Hudson River Park Act of 1998 needs to be opened up, to allow more uses, particularly on Pier 40. The uses currently allowed under the legislation — such as big-box retail outlets or destination entertainment — are exactly what most in the surrounding community — and the local youth sports leagues — have said they don’t want, fearing the impact these uses would bring. The youth leagues want two things: above all, to keep the pier afloat, and, second, to ensure that they can keep using the pier’s courtyard sports field without any interruption that would be caused by a redevelopment project. So, what are we to make of Durst’s alternative Pier 40 plan, as well as his new lowballing of the piles repair cost estimate? Durst’s Pier 40 plan is an adaptive reuse that would consolidate the pier’s parking, opening up space for a high-tech campus — essentially, commercial office space. He has said he won’t build this proposal, if it wins approval, but is putting it out there as a helpful idea. Meanwhile, among the uses the Trust says are in the mix of things it wants to add to the park act is residential housing at or on Pier 40. Durst, an experienced developer, says residential housing won’t work on the pier. The new piles study and cost estimate is very interesting. If it’s true that Pier 40’s piles can be preserved for just $30 million, as opposed to the $80 million that the Trust claims, it really changes the playing field (pun intended). Is a project as expensive and large — and heavy, requiring additional reinforcement of the piles, and thus more money — as residential needed if the pier can be stabilized for so much less money? It’s unusual to see the leader of the park’s former main advocacy group so at odds with the Trust’s leadership, but again, Durst doesn’t see it that way. It’s not a “mutiny on the waterfront,” he says, claiming he’s just trying to help. Indeed, as an experienced, reputable developer, he may very well be helping us find a solution. Many of these issues would have been broached at a Pier 40 forum that was postponed by Superstorm Sandy. That forum will now be happening early in the new year, and it will be an excellent opportunity to brainstorm on a solution to the park’s biggest challenge. Durst and the Trust agree that if the pier’s piles are fixed starting now, it will be cheaper. But the question is — who would pay that, say, $30 million? If questions like that can be answered at the forum, we’ll be a long way toward solving the Pier 40 predicament. Durst is putting out good information — but we also need some answers. If all parties can work together, we may find some.

LETTERS TO THE EDITOR Change the political climate

Highway better than high-rises

To The Editor: Re “Sandy’s surge not sinking residential urge at Pier 40” (news article, Dec. 6): As usual, it’s all blocking and no ideas or alternatives from Assemblymember Glick. It seems as if she believes she is some sort of visionary for opposing housing because of rising water levels and storm surge. For the rest of us who also support this idea, it is no great revelation. Opposing housing and building for high tides while fighting global warming has been part of the fiber of much of this community since well before Sandy. What is the alternative idea coming from her office? As for the Durst idea, we’ve been saying raise the entire thing and build for high water for years. Major League Soccer’s plan was to raise all of the fields, including theirs, and the park on top of it all, but that was opposed by the youth leagues, who advocated only for ground-floor fields with more open, ground-level views. I attended the soccer meeting in Flushing the other night and saw a community with a vision working in unison to get a job done, addressing concerns and advocating for a plan, making the formerly effective Village community leaders look pathetic. Unions, neighbors, youth leagues, state Senators Stavisky and Peralta, Councilmember Ferreras and Assemblymember Moya all showed up, shaming our elected officials. They aired their concerns and demanded accountability from soccer, while moving forward with a plan. Watching the Glicks, the Capsises and the HKreses oppose and oppose, with no viable plan of their own has been a nightmare. By “viable,” George, I mean a plan with money and backing — oh, and by the way, a wiser person would have moved his car up from Pier 40’s ground level before Sandy’s surge hit, instead of spending an entire edition complaining about what you could have prevented. Our local elected officials have graduated completely to political self-interest. Glick, with her pet and animal legislation, has put passionate self-interest above the needs of this community. Pier 40 will never get done without some personal political damage being done; it is time. It is time for the neighborhood to build a coalition to find an alternative to Assemblymember Glick. If she stays in office, no plan, good or bad, will ever go into effect. Pier 40 is a big enough issue to force the end of an ineffective political career. It is time. Put your name on your posts HKres if you’re going to keep flaming. I do, Lincoln Anderson does, Madelyn Wils does. If you don’t want us to look at you as a wide-eyed conspiracy theorist, time to ante up and become a public part of this effort. Pier 40 has gone on too long. A pathetic example of a community which has lost its way. The soul searching must begin, or the Greenwich Village we know and love will be lost.

To The Editor: Re “Sandy’s surge not sinking residential urge at Pier 40” (news article, Dec. 6): Blocking the view of the river with a housing project on the Hudson River should be a dead issue now. Might as well have built Westway. You can only get so much out of a pier.

Patrick Shields

Charlie Walker

Trustee gets a tax break, too To The Editor: Re “N.Y.U. still punting on probe of Law trustee goons link” (news article, Dec. 6): Isn’t is ironic that this trustee would hire goons to intimidate striking students and workers and take a tax deduction for his million dollar-plus annual endowment “gift” to the N.Y.U. Law School Institute for the Advanced Study of Law and Justice? Hubert J. Steed

The gift of a good education To The Editor: Re “The education of a New York public school parent” (notebook, by Michele Herman, Oct. 18): Michele, you’ve written a beautiful, moving article. It reminds us that we have only a few years left before we too confront the same big question: Did our own kids’ schools educate them well? In your case, knowing the wonderful young men your sons have grown into, we can certainly corroborate your judgment that they came out well-educated and eager to keep learning. What more could one ask of a school? In our case, we made different choices. Not being in “one of the more functional pockets of the system” or in that “district in Queens that always outperforms everyone,” we agonized long and hard before deciding to go the private school route. By the way, I wish it was a quarter of a million dollars, but it’s really half a million dollars per child now. Anirvan Banerji E-mail letters, not longer than 250 words in length, to lincoln@ thevillager.com or fax to 212-229-2790 or mail to The Villager, Letters to the Editor, 515 Canal St., Suite 1C, NY, NY 10013. Please include phone number for confirmation purposes. The Villager reserves the right to edit letters for space, grammar, clarity and libel. The Villager does not publish anonymous letters.

IRA BLUTREICH

Bloomberg springs a shocker on Christine Quinn.


December 13 - 19, 2012

13

Spectra and the lesson of the spaghetti solution TALKING POINT BY REVEREND DONNA SCHAPER I know I overuse metaphors; I link the unlinkable. But how else to write about invisible, odorless gas on its way from sources unknown to destinations unnamed — or how else to fathom passions and decisions that are beyond logic? As a pastor, I sometimes am called to do marriage counseling that ends in a thud. That is an apt metaphor for last week’s “conversation” between the power utility Spectra and our community. Another metaphor, an ode, a poem that praises, seems apt. Sane Energy Project, the Village Independent Democrats and other dedicated volunteers of our neighborhood put together a lawsuit to stop the Spectra Pipeline from delivering unnatural gas. As a result of that suit, the Community Board 2 Committee on Public Health and the Environment drew several hundred people — and four police cars — to a hearing on a cold Tuesday night Dec. 4 at a West Village school. Each of these accomplishments — the lawsuit, the endless meetings and expense involved in same, the research involved by citizens who are energized but don’t understand this dangerous, new energy’s sources, the actual gathering, which meant two hours times 200 of human energy, or a total of 4,000 hours of human energy on just one night — each of these is worthy of an ode. How else can we find the energy to manage our energy sources than a committee of neighbors, selected by people who have been elected by us? Local government is a beautiful thing, reminding one of a spider’s web or a cloud sourcing. So an ode to the cloud, the Web, the counseling session. Thank you for a committee’s work on a pipeline, which has suddenly appeared in our community’s consciousness as well as on Gansevoort Peninsula. But metaphors fail, and so does gratitude, because the pipeline is real, as is the community’s horror at gas that will snake into our streets, from our pier, under our homes. Let’s continue with the metaphor of marriage counseling. When two parties who love and need each other are estranged, they often seek a third party to mediate their intimacy, to repair what is broken. Marriage is intimate, like the power that lights our stoves, a tool for nourishment and warmth. In this past hurricane, I was struck by how many people sought long matches to light their gas stoves, and by the creative ways many found to ignite their pilot lights. They used spaghetti, lit by candles, to spark their stovetops to make coffee, soup or whatever when all else was dark. Those who didn’t know about spaghetti sticks asked our church to find long matches. A Sunday school child said we should try spaghetti. Attending the C.B. 2 committee meeting on fracking — after I walked by four police cars outside a democratic,

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nonviolent meeting — I thought of the matches and the spaghetti and the need for counseling. Now let me try to show the links. The meeting was marked by a distinct lack of civility. People from the community, spending their precious time on their precious energy sources, yelled at the throng of paid spokespeople for Spectra and the utility company. The people asked dozens of smart questions. What happens if there is another Sandy? What will happen to the pipeline? What happens to our water and our food sources if fracking continues? What will happen to our children? Why aren’t this money and time being devoted instead to renewable energy? But counseling needs two parties who can begin to hear each other, and the people representing the power companies and their delivery system did not hear. They offered only facts and numbers. They offered no acknowledgment of the people’s fears and questions. The people paid to come — in charge of our power and our energy — could not, or simply did not, respond to the emotions that moti-

This is beyond the pastor’s counseling skills; my only hope is that somewhere a more gifted, more powerful counselor is ready. Because otherwise civil disobedience is our only hope. At least it is better than divorce or unnatural disaster. Schaper is senior minister, Judson Memorial Church

Can anyone get the people with the money to listen to the people with the passions?

vated the people who were not paid. This is a recipe for disaster. No response or acknowledgement of the other’s fears leads to an expensive and painful divorce, with two big losers. And innocents suffer, the children, the friends and the relatives. That is where we are now — in pain and suffering, because people do not listen. As in marriage counseling, my hope in this dispute is that both sides could find a way to talk to each other. Nothing can be negotiated in intimate matters unless there is recognition of the emotion in the fight. Negative energy breeds negative energy — and in this fight, negative energy is really the issue. Likewise, if there is any hope for spaghetti sticks or unique solutions to unique problems, it comes from a recognition that we need to do something different. If the inputs are anger and frustration, the outputs will be the same. An ode is often written when someone has died; I hope that metaphor does not link here. Can anyone — perhaps a governor or a mayor or a judge — get the people with the money to listen to the people with the passions? A city permit was all that was legally required to lay the pipe; the lawsuit would have been stronger if someone had already died, if a pipe had already exploded, if another hurricane exposed the soggy underside of power for our community.

Photo by Tequila Minsky

A protester against hydrofracking, at Gansevoort Peninsula on Dec. 1, held a sign referring to how fracking has led to flammable tap water in parts of Pennsylvania, after gas has leached into aquifers.

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Seniors say facility left them in dark during Sandy BY SAM SPOKONY Some residents of a low-income senior housing facility near Cooper Square say that their building’s management and ownership failed to adequately prepare for and deal with the impact of Superstorm Sandy, leaving the residents confused, scared and angry throughout the ordeal. Evelyn and Louis A. Green Senior Citizen Housing, a 14-story, 150-unit building at 200 E. Fifth St., lost power, water and elevator service for only about four days — a shorter period than in many other affected facilities in the city — but that was enough time for many of its elderly, disabled residents to require help that they say was never fully provided. “It just doesn’t seem right,” said one tenant, who is in her 70s and has lived in the building for around 10 years. “No one knocked on my door with a meal, no one really even tried to help. It was obvious that no one had advocated for us in any way.” The building, which is owned and operated by the Jewish Association Serving the Aging, or JASA, offers independent living — though is not a nursing home or an assisted-care facility. “But independent living doesn’t mean inhumane,” said the tenant, who asked to remain anonymous because she feared retaliation from JASA or her building management. “This building is about service to the aged. It’s a senior building, that’s why people live here.” The tenant explained that in the immediate aftermath of the storm, there was no attempt at communication made by JASA or the building’s in-house staff — until she and others were suddenly told to leave the building by JASA volunteers, whose presence apparently served more to confuse and incense the residents than to aid them. “One young girl said to me, ‘You really should go to a shelter,’ and I found that insulting, patronizing,” the tenant said. “I use a walker, I have spinal damage, I’m on the 14th floor of a building with no elevator. How was I going to get to a shelter, when they clearly weren’t going to help me get there?” The tenant added that those particular volunteers never asked if she needed supplies or any other help. Another major complaint lodged by residents of the E. Fifth St. building was that the facility’s manager, Regina Pullman, left the

Photo by Sam Spokony

Residents of the JASA low-income senior building at 200 E. Fifth St. claim that the building’s management was not adequately prepared for Hurricane Sandy, resulting in a confusing and dangerous situation.

premises immediately after the storm struck and was gone for about a week, leaving them without proper guidance through the blackout. Pullman declined to comment, but a JASA spokesperson explained that Pullman had left to be with her mother, who had brain cancer and died in the days following the storm. Even though Pullman may have had good cause to leave the building, many who experienced the blackout noted that her absence — and the lack of a replacement authority figure — left the residential community in chaos. One woman, who visited the building to help a sick, elderly friend, explained that Pullman’s apparent replacement — a woman identified only as Leanne — seemed not to understand how to deal with the situation, or even how to classify the facility. “It was pure pandemonium,” said the woman, who also asked to remain anonymous because she is currently on the waiting list to secure an apartment at the E. Fifth St. building. “I heard Leanne calling the cops, and she was telling them that this is an assisted-living building, when that’s not true. That’s what made me think she didn’t understand, or that maybe she didn’t work there.” Donald Manning, JASA’s director of housing, asserted that Leanne was not a random replace-

ment, and is in fact a JASA volunteer. But the result, according to that woman and other residents, was that police and JASA volunteers didn’t immediately know who required desperate help or evacuation — such as residents with feeding tubes or other complicated medical needs — versus who, like the 14th-floor tenant, would be safer in their own apartments. And they believe that is what put certain residents in grave danger, which could have ended in disaster had the blackout not ended so soon. “I can think of eight people I know in that building who could’ve died as a result of this,” said the woman who came to help her friend, whom she ended up taking to her own building uptown. The real root of the problem, residents claim, was that JASA did not adequately prepare the E. Fifth St. building for the storm’s effects. “There was absolutely no preparation beforehand,” said one resident, who is in her 80s and has lived in the building for nearly 10 years. “The only thing was a memo that they placed near the elevators, and it was in such small print that I could barely even read it.” The resident added that, even though a large portion of the building’s residents are Chinese and speak only Cantonese, there was no translation provided beside the English memo. In response to those complaints, JASA’s

Manning stressed that the building is in fact in Zone B — not Zone A, the coastal area that the Mayor’s Office said would be at greatest risk from flooding by the storm — so it wasn’t assumed that the building would face such difficult circumstances. “As soon as we realized it was going to get more involved, we took action,” Manning said. “We had food and volunteers, we called relatives, and we had a strategy. Our whole mission here is to support seniors.” But many residents are also still angry that the building had no backup generator, a vital piece of equipment that could have prevented the blackout from ever occurring. A 65-year-old tenant, who identified herself only as Teri, claimed that Manning had promised to install a generator in the building back in summer 2003, after a Con Ed blackout during a heat wave created dangerous conditions. “I remember that Manning was at a meeting held by the building management in 2003, and he made verbal promises at that point,” Teri said. “But after all this time, I guess it’s clear that he never intended to get one.” When asked about that issue, Manning didn’t address the alleged promises, but said only that JASA didn’t have the funds to buy a generator for the E. Fifth St. building. He estimated that, for a building that size, it would cost around $350,000. The building receives its primary funding in the form of subsidies from the U.S. Department of Housing and Urban Development. Manning refused to disclose exactly how much money is allotted to the East Village building each year, but said that it is “a very small amount,” and is earmarked only for “security and building operations.” He added that HUD recently indicated that it may be able to provide funds for generators to buildings like this one, but stressed that those ideas are in their early stages. HUD could not be reached for comment by press time. JASA, which provides a number of social services and programs to seniors throughout the city in addition to housing, currently has a budget of slightly more than $100 million, according to its 2012 annual report. More than $23 million of that is devoted to JASA’s housing, which serves around 2,400 seniors in three boroughs.

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December 13 - 19, 2012

Photo by William Alatriste/NYC Council

David Louie, chairperson of the Chinatown BID, speaking at the announcement of the grants initiative for area merchants for post-Sandy recovery.

Chinatown business groups raising funds for Sandy relief BY KAITLYN MEADE Chinatown’s Business Improvement District and the Chinatown Partnership are going to award grants to small businesses impacted by Superstorm Sandy. At press conference on Thurs., Dec. 6, the Chinatown Partnership and BID outlined a fundraising initiative to collect the money necessary to provide these grants, which will culminate in a holiday reception to recognize sponsors and partners. So far, the donations total more than $40,000 for the relief fund. “We have hit our initial goal,” said Wellington Chen, executive director of the Chinatown Partnership. “Our results have been very, very positive.” Grants will be made available to businesses that are located in the BID’s service area, which is marked in blue on a map provided by the Partnership. Businesses must also have been open for at least a year or have a five-year lease, have 50 or fewer employees or an annual revenue of less than $1 million in 2011, have been closed for at least five days because of Sandy, and must show proof of financial losses. The application specifies that the grants can only be used for specific purposes, including short-term payroll, property and equipment repair, mortgage and loan payments, relocation costs and to replace or compensate merchants for products damaged or lost after the storm, such as

perishable food. Businesses are required to indicate how they will use the grants beforehand. Grant applications are due by Tues., Jan. 8, and can be filled out online. Hard copies are also available at the Partnership’s offices at 60 St. James Place. Businesses owners can also go to the office for help filling out the application or to have it translated. The Partnership office is now operating as a Sandy response center for New York State. “We are now open seven days a week,” said Chen. Local businesses have already begun submitting applications, though the amount of each grant will be determined by how much money is raised. To that end, a holiday-themed reception will be held Wed., Dec. 19, at Grand Harmony restaurant, at 98 Mott St. Tickets are $25 per person, and open the doors to sponsor-provided food and drink, as well as a silent auction. All proceeds from the event will go directly into a separate account specifically to fund Chinatown’s business grants. Most important, Chen said, Chinatown needs business. The recent Chinatown Revival Street Fair was an “injection of caffeine” to boost local business, he said, but the businesses still need “a strategic, systematic approach” to recover their losses and build toward more long-term stability.

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1 6 December 13 - 19, 2012

Photos by Lincoln Anderson

Squatters museum opens with chain-cutting celebration BY LINCOLN ANDERSON After having to postpone its opening for a month due to flood damage from Superstorm Sandy, the Museum of Reclaimed Urban Space, at Avenue C near 10th Ave., held its grand opening last Saturday. This page, above, from left, Fly Orr held up the bolt cutters before passing them to City Councilmember Rosie Mendez, who clipped the chain, which was made of duct-tape links. “Usually, we’re chaining ourselves up,” Mendez quipped, referring to how squatters and community gardeners have fought evictions over the years by chaining themselves down, forcing police to cut them free before arresting them. Next to Mendez in the photo are Laurie Mittelmann and Bill Di Paola, the museum’s codirectors, and cycling activist and videographer Chris Ryan. Below, radical cartoonist Seth Tobocman, at rear, gave a slideshow and reading of a chapter from his classic graphic novel, “War in the Neighborhood,” accompanied by live music. The novel covers many of the East Village squatters’ struggles. The speakers’ talks and events at the opening were actually held in the basement performance space of C-Squat, which connects to

the MoRUS basement space. Opposite page, top left, The Shadow’s Chris Flash caught up with legendary Lower East Side gardener Adam Purple. During his remarks, Purple, 81, blasted former Councilmembers Miriam Friedlander and Margarita Lopez as “psycho-boobies” for supporting the destruction of his famous Garden of Eden so that lowincome housing could be built on the site. Purple also even included Mendez in this bunch, though she wasn’t really on the East Village scene at that time, but rather was active in Williamsburg, where she grew up. Top right, performance artist Angel Eyedealism called MoRUS “really cool.” Bottom left, artist Mac McGill gave a slideshow of his drawings of the saga of the East Village squats, accompanied by an all-star live band of former squatters, including Matt Metzgar, Steve Wishnia, Breeze and On Davis. Bottom right, legendary musician, artist and rabble-rouser, Peter Missing flew in from Copenhagen for a U.S. tour and also to visit MoRUS, where he got the crowd going with his techno-rave stylings. “Occupy! Occupy!” he sang, concluding his set by chanting, “Surround the White House! Surround the White House!”


December 13 - 19, 2012

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Landlord who ‘reclaimed’ building a ‘big fan’ of new museum BY LINCOLN ANDERSON Could it be the ultimate irony? Among those snapping photos at the opening ceremony for the Museum of Reclaimed Urban Space on Saturday was none other than the landlord who “reclaimed” an entire East Village tenement from his tenants so that he could convert it into a five-story mansion for himself and his family. “It’s an interesting little museum,” a smiling Alistair Economakis remarked to an acquaintance as the landlord photographed the action outside MoRUS as City Councilmember Rosie Mendez used a bolt cutter to snip open a chain of links fashioned from silver duct tape. Following the chain-cutting, Economakis ducked inside the Avenue C museum, then quickly re-emerged and briskly walked off along the avenue, heading downtown. Very possibly, he was headed back to 47 E. Third St., where he and his wife, Catherine, now reside, along with their three small children. The couple waged a lengthy landlord-tenant fight to clear the building. They first offered the tenants buyouts, but not all of them accepted the offer, instead choosing to fight in court to keep their apartments. But the Economakises had the right to take over the building under the owner-occupancy law, provided they would, in fact, live there for a few years after they gained control of the entire premises. As a result, the building became known as the “Mass Eviction Mansion.” Ultimately, though, they didn’t evict anyone. Seeing the writing on the wall, and unable to afford a continuing court battle, the holdouts threw in the towel and took buyouts of around $70,000 apiece. According to photographer Marlis Momber, who was on hand at Saturday’s opening, Alistair Economakis is at the museum pretty often. “Deep pockets,” she added. Indeed, MoRUS faces a stiff challenge in paying its rent, which is

Photo by Lincoln Anderson

Landlord Alistair Economakis, at lower left, was among those happily snapping photos and videoing at the opening of MoRUS on Saturday, as Councilmember Rosie Mendez got ready to cut the chain.

$1,600, for its storefront space in C-Squat near E. 10th St. Mendez has pledged to allocate $3,500 to the museum, good for two months rent, but those funds haven’t even come through yet. The museum needs patrons, although, despite Momber’s comment, it wasn’t immediately clear if Economakis is among them. At the opening, Laurie Mittelmann, one of the museum’s codirectors, when asked about Economakis’s having been at the chaincutting, smiled and said, “He’s a big fan.” According to a source, it was Jim Power, the East Village’s “Mosaic Man,” who put Economakis in touch with MoRUS. Power recently completed a mural on 47 E. Third St. made of recycled bathroom tiles preserved by Alistair from the building’s gut renovation. A grateful

Economakis reportedly paid him double the agreed-to fee. As illustrated by the chain-cutting ceremony, MoRUS focues on the East Village’s recent history of squatting and community gardening. The claiming of property — whether city-owned or privately owned — by determined D.I.Y. activists is at the heart of the story that the museum tells and embodies. The story of 47 E. Third St. would seem to be the inverse — a landlord displacing longtime, rent-stabilized tenants. Nevertheless, neighbors say they find Alistair to be a very nice guy when they see him walking his dog in the neighborhood. At the same time, he clearly ardently believes in landlords’ rights to their own property. Economakis is landlord for some notable East Village activists, including Susan Howard and Bill Weinberg. Alistair had not spoken to The Villager since this past June, when he and his wife gave the newspaper a tour of their renovated E. Third St. mansion. Apparently the subsequent article — which described the building’s interior in detail — may have been too revealing for the couple’s liking. But asked for a follow-up comment on MoRUS after the opening, Alistair said, “Bill and Laurie have worked extremely hard to open the MoRUS museum. With the help of volunteers and local support they have persevered despite many obstacles, including damage caused by Hurricane Sandy. “I am very pleased to see MoRUS open and I think the museum is a great contribution to the community. The importance of community spaces in a city is critical and having a museum document the history and creation of these spaces and provide tours of our public gardens is a great accomplishment and a welcome addition.” As for photographer Momber, she said it doesn’t irk her that Economakis wants to be involved with the new museum. “I’m not against it,” she said. “It doesn’t bother me anymore. We have to live together — or die in pieces.”

Volunteers Needed for a Gum Disease Study! The New York University College of Dentistry Bluestone Center for Clinical Research is seeking volunteers with and without gum disease to take part in a clinical research study. The purpose of this research study is to find out which germs make gum disease worse.

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December 13 - 19, 2012

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Photos by Tequila Minsky

Clockwise from above: Chorus members filled St. Joseph’s Church with sweet harmonies; Connor Tsui, 9, soloed in Hebrew; from left, Councilmember Margaret Chin, her husband and Menagerie member Alan Tung and District Leader John Scott gave the evening their vote of approval.

Chorus hits high note with ‘Chanu-Christmas’ concert BY TEQUILA MINSKY The Glass Menagerie ushered in the holiday season with song at its “Welcome This Chanukah Night” concert at St. Joseph’s Church in the Village on the first night of Chanukah, Sun., Dec. 8. The 70-member chorus includes many neighborhood songsters. The music ranged from Chanukah to Christmas, classical to lighthearted. The evening started off with Jewish traditional songs and folksongs, in Yiddish and Hebrew. Next followed a selection from one of Leonard Bernstein’s two overtly Jewish

works, “Chichester Psalms,” accompanied by harp, percussion and keyboard. Connor Tsui, 9, sang a solo in Hebrew. During intermission, Councilmember Margaret Chin, who was sitting with Democratic District Leader John Scott, mingled with friends and her husband, Alan Tung, who sings with the chorus. Tung teaches fifth grade at P.S. 3 and greeted many parents of his current and former students, who were also there enjoying the concert. Excerpts from Bernstein’s “Mass” — deemed controversial as sacrilegious or anti-

war when it premiered in 1971 — began the evening’s second part. Following classical tributes to Christmas and the well-known “We Need a Little Christmas,” the audience was invited to join in with an evening favorite, the traditional carols sing-along. The evening wrapped up with the full chorus singing Tom Lehrer’s whimsical “Chanukah in Santa Monica” in a four-part harmony arranged for the chorus by John Kolody, the chorus’s accompanist. Artistic director Susan Glass started The Glass Menagerie with eight Little Red

School House and Elisabeth Irwin High School (LREI) parents in 1984. Since then, the chorus has grown into an accomplished group performing twice yearly with works by the masters, international folk songs and American standards. The spring 2013 concert, “The Many Faces of Love,” will be Sat., May 4, at 8 p.m., at St. Joseph’s Church, at Sixth Ave. and Washington Place, and will feature Brahms’s Liebeslieder Waltzes, Renaissance madrigals, Haydn part songs and some Gershwin tunes.


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John Lennon, David Peel and rock’s greatest flattery FLASHBACK BY PAUL DERIENZO David Peel, the inveterate street rocker and Village stalwart, is a familiar face at Occupy Wall Street protests and Tompkins Square riot memorial concerts and at the Yippie Cafe on Bleecker St. His albums still sell and some are collector’s items. His unmistakable voice and simple but catchy melodies have been a soundtrack to the Village for more than 40 years. Less known is his friendship and collaboration with one of the greatest rockers of all time. It was 32 years ago this past week that John Lennon was shot and killed by a drifter named Mark David Chapman. While hundreds of Lennon’s legions of fans gathered last Saturday at Strawberry Fields in Central Park across from where the murder occurred on the dark anniversary, probably few will know that there was a time when the F.B.I., who followed Lennon around for years, actually had the wrong guy. Yoko Ono, Lennon’s wife, protector and muse had been living and staying in New York and its environs, and after the Beatles broke up he moved to New York with her. Lennon came to live in New York City and decided to make it his permanent home. One afternoon she took Lennon down to the Village along with rock journalist and

The local cops sent the photo to F.B.I. headquarters, telling the G-men it was John Lennon. According to Peel, the F.B.I. had “told the officials in the auditorium not to take a picture of John Lennon because they didn’t know what he looked like.” Peel said, “I looked a lot like John Lennon in those days,” adding, “I’m a fan of his,” and that he considers the mix-up “the greatest flattery of all rock and roll.” “To this day the picture is still in the F.B.I. file,” claimed the craggy-faced hippie, who still can pull off his larger-thanlife rock star persona. “I’m not complaining,” he added.

‘He’s such a great guy. We loved his music and his spirit and everything — his whole philosophy of the street.’ John Lennon Photo by Paul DeRienzo

The F.B.I. once thought David Peel, above, was John Lennon.

producer Howard Smith where they visited Washington Square Park. Lennon said he saw this guy with a guitar exhorting the crowd, “Why do you have to see stars?” Lennon standing in the back of the crowd said he thought to himself, “He must be talking about me.” Shortly afterward, Lennon was back in the park, this time with Yippie radicals Jerry Rubin and Abbie Hoffman, when they again met Peel in a circumstance Lennon described as “like a happening.” “We started singing with him in the street until we got moved on by the police,” said Lennon. “It was wonderful.” The meeting and subsequent friendship between the two musicians would have unforeseen consequences. The F.B.I. under J. Edgar Hoover had been tasked with disrupting the antiwar movement, which had become intertwined with the youth movement and rock-and-roll culture of the early 1970s. Hoover made it clear the bureau’s job wasn’t just to watch out for wrongdoing but to use whatever means to hinder the movement, harass its leaders and symbols and even murder them, as in the case of Chicago Black Panther leader Fred Hampton. In the case of Peel and Lennon, the police were at a concert featuring Peel in Ann Arbor, Michigan, and got a hold of a photo used for an album cover produced for Peel by Apple, the Beatles’ record label. The image featured Peel holding a joint with the words “The Pope Smokes Dope” in a balloon bubble coming out of his mouth.

Peel has copies of his F.B.I. file, which he says amounts to 200 or 300 pages, compared to 5,000 or 6,000 about Lennon, who was fighting a major extradition case at the time. Immigration authorities used a misdemeanor cannabis arrest in England as an excuse to try and deport Lennon. After his death, a lawsuit by journalist Jon Weiner revealed that the U.S. government had been closely watching Lennon and other antiwar activists for years. Although from the evidence, the authorities seemed to have had problems telling one longhaired, pot-smoking target from another. David Peel began his music career in 1968 with “Have A Marijuana,” followed by songs with prosaic titles like “Santa Claus Rooftop Junkie” and “Anarchy in New York City.” He’s also played himself in Cheech and Chong’s film “Rude Awakening.” During a recent interview, Peel said, “I’m into The Fugs, Zappa, a little bit of crazy Yoko Ono — a bit of the MC5 and a little bit of David Peel.” Peel paused for a second, contemplating, then piped up, adding, “Also street people of Washington Square Park.” Comparing himself to the popular folkies of the 1960s and ’70s, Peel said he was “much more street, much more provocative, much more uncensored.” “He’s such a great guy,” said Lennon in 1972. “We loved his music and his spirit and everything — his whole philosophy of the street.” DeRienzo co-hosts “Let Them Talk” on Tuesdays at 8 p.m. on Manhattan Neighborhood Network’s Lifestyle channel


December 13 - 19, 2012

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VILLAGER ARTS &ENTERTAINMENT Ecstatic, Impressionist, faded and faux Four fine gallery shows soon to close

Courtesy of the artists and Salon 94, NY

Courtesy Foley Gallery

Jules de Balincourt’s “Ecstatic Contact” (2012, oil, acrylic and spray paint on wood panel, 96 x 120 inches; 243.8 x 304.8 cm).

Henry Leutwyler’s “Ballet” (2012, 60 x 40 inch, Chromogenic print).

a photographic process — exploring how the sun’s UV rays can visually age an image or even lead to the erasure of the same. Choit finds many of her motifs, including remnants of a less digitalized world such as a printed map or an actual brick-and-mortar travel agency, in Brooklyn. In particular, Bushwick and Greenpoint (neighborhoods whose original character is increasingly distorted through gentrification) serve as the artist’s main hunting ground. Through Dec. 23. At Rachel Uffner Gallery (47 Orchard St., btw. Grand & Hester Sts.). Call 212-274-0064 or visit racheluffnergallery.com.

als and performances, his portraits allow for a detailed and intimate overview of this continuously inspiring art form. Through Jan. 12. At Foley Gallery (97 Allen St., btw. Delancey & Broome Sts.). Call 212-244-9081 or visit foleygallery.com.

BY STEPHANIE BUHMANN

JULES DE BALINCOURT: “ECSTATIC CONTACT” Known for his abstract and figurative paintings that explore global anxieties, de Balincourt’s latest body of work continues this quest by narrowing in on the uncertainties of contemporary human life. A glimpse of hope is offered in “Ecstatic Contact” — a composition glowingly covered in florescent pink and red handprints, spray-painted dots and linear paint strokes. In de Balincourt’s own words, this work “emphasizes the metaphysical unity and underlying energy behind all exchanges and relationships, acting as the conductor, transmitter and orbital center to the entire show.” Through Jan. 13. At Salon 94 Bowery: (243 Bowery, at Stanton St.). Call 212-979-0001 or visit salon94.com.

BARB CHOIT: “FADE DIARY” For her second solo show at Rachel Uffner Gallery, the Brooklyn-based artist will present a selection from an ongoing series of photographs, as well as a neon sculpture. The works are part of Choit’s continuous interest in “fading” as

HENRY LEUTWYLER: “BALLET” Foley Gallery’s newest project evokes an artist of a very different era, namely the Impressionist Edgar Degas. Like Degas before him (in the 1870s), Leutwyler has found a rich source of inspiration in the world of ballet. After photographing the New York City Ballet for years, Leutwyler was granted unprecedented backstage access during the winter of 2012. Using his 35mm Leica, he created a series of intriguing portraits of no less than 91 company members. Because Leutwyler photographed his subjects during classes, rehears-

RICHARD ARTSCHWAGER This exhibition will feature 30 recent pastel on paper landscape drawings by the acclaimed American artist. Born in 1923, Artschwager is one of the most important artists to emerge during the modern postwar era. He is primarily known for works that provide ordinary objects with symbolic power, including sculptures that in the past have been described as “faux furniture.” In contrast to much of his oeuvre, which is characterized by a cool detachment and gray palette, these new landscapes offer an unusually subjective perspective. They are rendered in a brilliant palette that was inspired by the artist’s travels to New Mexico. Through Dec. 22. At David Nolan Gallery (527 W. 29th St., btw. 10th & 11th Sts.). Call 212-925-6190 or visit davidnolangallery.com.


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Penny Fuller thoughts ‘13 Things’ star on Baxter, Bacall and her post-Sandy two-star hotel 13 THINGS ABOUT ED CARPOLOTTI BOOK, MUSIC, LYRICS & DIRECTION BY BARRY KLEINBORT BASED ON THE PLAY BY JEFFREY HATCHER

Through Dec. 30 Tues.-Thurs. at 7:30pm Fri./Sat. at 8:30pm Sun. at 3:30pm At 59E59 Theaters 59 E. 59th St., btw. Madison & Park Aves. For tickets ($25), call 212-279-4200 Visit 59E59.org

BY DAVID NOH Actress Penny Fuller is returning in “13 Things About Ed Carpolotti” at 59E59 Theaters, and she described her new musical as the story of “a recent widow, whose parents didn’t approve of her husband, but they loved each other. She had one child and was an interesting woman — strong, ironic, with a fabulous sense of humor. But now she has to face being alone and finds out that Ed left her in insurmountable debt, and all kinds of things ensue. But it’s ultimately a great love story about how much he loved her and how well he knew her. “I had done this as a monologue, written by Jeffrey Hatcher about ten years ago, and always loved it and thought it could make a great musical. So I brought it to [cabaret director] Barry Kleinbort, who got me into cabaret in the first place, and he helped me put it together.” Fuller won an Emmy award and was nominated for a Tony for playing Eve Harrington in the musical version of “All About Eve,”

Photo by Karen Greco

Penny Fuller stars in “13 Things About Ed Carpolotti” at 59E59 Theaters.

opposite Lauren Bacall’s Margo Channing: “I’d been flown to New York to audition for Harold Prince for ‘Company’ and was leaving when I ran into this stage manager who told me they wanted me to audition for ‘Applause’ but wouldn’t fly me in. I said, ‘Well, I’m here,’ so I auditioned. ‘They’d given me an early script and on the plane home I thought, ‘Don’t let me get this. It isn’t very good and I won’t have the nerve to turn it down.’ They cast someone else and I was in a beauty parlor on Santa Monica Boulevard with my head in the sink when they brought the phone to me and I heard, ‘They’re going to eliminate the Eve out of town in Baltimore. Can you fly in and do it tonight?’

“So I went, and I’m not that smart but because I hadn’t seen it, I could see the forest for the trees, what was needed. Eve is not your basic ingénue, not young, she has to be desperate and much more of a threat to Margo or it doesn’t work. I remember saying to myself, ‘My goal is to make everybody who knows this movie remember it wrong, and think that she really is a good friend of Margo.’” As for her legendarily formidable costar Bacall: “I remember thinking, ‘Oh, God let her know that if I’m good it will only help her, and she did. She loved me, and we went through a lot of years together. She knew for whatever reason that I was the right color to help the play and we became good old friends. She’s the best, she’s just scared so she has to act that way sometimes. “I’d think, ‘You’re insecure? Why?’ But do you know why she does everything with that downturned chin looking up? That’s because [director] Howard Hawks said she was so nervous her head would shake, so he told her to hold her face that way. “Anne Baxter [Eve in the film] replaced her. It was my last matinee and I was getting ready to go on and I hear this clankety-clank. Someone’s wearing a noisy bracelet! I do the speech in the dressing room about my husband Eddie and the brewery, and I hear that clankety-clank again and look over in the wings. It’s Bette Davis, watching us from off-stage with her clankety bracelets! “Anne Baxter was wonderful, but she was scared. She was put in the show by the stage manager, and he was pushing her to

go here and there. You don’t touch her! I don’t know how I got the nerve, but I went to her dressing room and said, ‘Listen to me, every movie star wanted to play this part. You’re playing it, and you’re the only one who knows what Margo is about. Don’t let these people bother you,’ and it was a great thing for her. “As Margo, she was different, very womanly, sensual, strong, and dramatic, because Annie was dramatic. The edges were maybe softer but the inner core was as strong. On her opening night, I went to Tiffany’s and found a little silver apple that I had engraved, ‘Goodbye Eve. Hello Margo. Love to AB from PF,’ When I left the show, she gave me one that said, ‘Goodbye Eve. Hooray Penny. Love to PF from AB.” Fuller is indeed a testament to showbiz survival, as are her two best girlfriends in the business, Linda Lavin and Elizabeth Ashley: “I was Liz’s understudy in ‘Barefoot in the Park,’ and when she was cast as my mother in ‘Dividing the Estate,’ everyone said, ‘How does she feel about that?’ We’re actresses! We’re supposed to do that! “I could play her mother, but what I hadn’t counted on was her arrival with the dog after the hurricane in my Upper West Side apartment. She and Bill Craver, who was the ‘Barefoot’ company manager, now an agent, stayed with me, so the three of us are there for three days. Ohmigod, we have known each other all these years, and Craver got there first so he got the bedroom and she stayed on the couch!”


December 13 - 19, 2012

23

Just Do Art! BY SCOTT STIFFLER

MADE IN CLAY HOLIDAYSALE As sand continues to build in the bottom of your hourglass, clay could very well be the missing ingredient that allows you to finally start crossing some names off that long holiday shopping list. Potential gifts abound, as you explore some of the best in New York City ceramic arts — at Greenwich House Pottery’s annual “Made in Clay” sale. Featuring one-of-a-kind, handcrafted art from some of the greatest ceramists of the 20th century (as well as three floors of pottery and sculpture from the talented artists at Greenwich House Pottery), the studio pottery and sculpture of more than 35 jury-selected artists will be on display and up for grabs. Fri., Dec. 14, 6-9pm & Sat., Dec. 15, 12-6pm (suggested donation, $10). At Greenwich House Pottery (16 Jones St., btw. Bleecker & W. 4th St.) For info, call 212-2424106 or visit greenwichhouse.org.

SOLDIER Written and performed by Jonathan Draxton, and directed by Kevin O’Rourke (Mayor Edward Bader on HBO’s “Boardwalk Empire”), the point of departure in “Soldier” happens where most stories end. Trapped on the banks of the River Styx, German officer Heinrich Weiss searches for coins to secure safe passage across the waters for he and his men. In the process of baring his soul, Weiss forces the audience to confront their own notions about the origins — and facets — man’s love affair with war. Through Dec. 22, Tues.-Sun., at 7pm. At HERE (145 Sixth Ave. Enter on Dominick, 1 block south of Spring St.). For tickets ($20), call 212-352-3101 or visit here.org. For info, Facebook.com/CoinsForASoldier. Half of the box office proceeds go to the Wounded Warrior Project (woundedwarriorproject.org).

Whittle down that gift list, at Greenwich House Pottery’s “Made in Clay” sale (Dec. 14-15).

NO NAME COMEDY SHOW We could warn producer Eric Vetter that proclaiming his long-running “No Name And A Bag O’ Chips Comedy/Variety Show” to be the “best damn” thing of its type is grounds for making Santa’s “Naughty” list — but what’s the point? That innocent little swear is just the tip of the iceberg in terms of the funny, profane and probably shocking shenanigans set to go down at the next installment of “No Name.” Assuming they’re not being held for observation or stuck in the drunk tank, Vetter’s December 21 roster of talent will include Bob Greenberg (“Late Show with David Letterman”), Hilary Schwartz (“Nice Jewish Girls Gone Bad”) and Joseph Rocha (BET’s “Comic View”). House band The Summer Replacements bring some wintery funk to the proceedings and, living up to the salty promise of their name, you’ll be treated to a mini bag of chips (or a similarly cheap door prize). Fri., Dec. 21, at 7pm. At Otto’s Shrunken Head (538 E. 14th St., btw. Aves. A & B). No cover, no minimum. For info, call 212-2282240 or visit ottosshrunkenhead.com and nonamenyc.com.

Continued on page 24

Photo by G. Balkcom

“No Name And A Bag O’ Chips” producer/host Eric Vetter (center) and his house band, The Summer Replacements.

Photo by Kenna Draxton

Jonathan Draxton as Heinrich Weiss, in “Soldier.”


2 4 December 13 - 19, 2012

Just Do Art!

Holiday Photo by Jean-Marie Guyaux

See BMCC Tribeca Performing Arts Center’s “A Christmas Carol” for free, Dec. 22.

Continued from page 23

Foul of mouth, fast of wit and green of hair, Hedda Lettuce is taking her holiday schtick out of the crisper for another installment of the annual December debacle known as “Lettuce Rejoice.” Armed with cutting observations, catty insults and just enough sweetness (and blackmail dirt) to make St. Nick’s “Nice” list, Ms. Lettuce will assault her willing audience with utterly tasteless versions of beloved classics — including “Here Comes Tranny Clause” (in which a sinister tranny ruins Xmas) and “Do You Hear What I Hear” reimagined as “Do You Think That He’s Queer” (about a fag hag desperately seeking a sexual relationship with a gay man). The talented pianist Paul Leschen accompanies our gal. Not content to limit herself to profane parodies, Lettuce mounts “a demented homage to the dearly departed Amy Winehouse” and favors one lucky comer with a basket full of Boy Butter Lubricantto. Don’t say we didn’t warn you. Sun., Dec. 16 at 9:30pm; Wed., Dec. 19 at 7pm; Sat., Dec. 22 at 9:30pm; Sun., Dec. 23 at 4pm & 9:30pm and Wed., Dec. 26 at 9:30pm. At The Metropolitan Room (34 W. 22nd St., btw. Fifth & Sixth Aves.). For tickets ($22/$25), visit metropolitanroom.com or call 212-206-0440. To celebrate their rapid rise after being impacted by Sandy, the Borough of Manhattan

Community College and BMCC Tribeca Performing Arts Center is making their first post-hurricane production a FREE event. Suitable for ages five and up, this musical version of “A Christmas Carol” (produced in partnership with Theatreworks USA) hits all the familiar narrative marks, with an emphasis on the story’s most humorous and touching moments — with the addition of songs meant to convey “Dickens' original message that the holiday season should be a kind, forgiving, charitable time.” Sat., Dec. 22, at 3pm. At BMCC Tribeca PAC (199 Chambers St, on the BMCC campus). Admission is free, but seating is limited. Ticket distribution, on the day of the show, begins at noon. For more info, call 212-220-1460.

c s e o o s p H ro Aries Fight the temptation to see relationship potential in a fleeting mistletoe smooch. Lucky pole: North.

Taurus Don’t gulp spiked eggnog when a series of modest sips will do. Lucky Donald Fagen album: Kamakiriad. Gemini Sparkle from tree tinsel will reflect in the eye of the soulmate you’ve yet to meet. Introduce yourself! Lucky dog treat: Snausages.

Cancer A drunken text message sent by an old flame compels you to put that thing they liked back into your bag of sack tricks. Lucky oil: Canola. Leo An urge to purchase candy canes sets the stage for your greatest mid-December adventure ever. Lucky billing cycle: Quarterly.

Virgo Nobody’s getting you that present you’ve been dropping hints about. Buy it for yourself or move on. Lucky cane: Candy. Photo by WILSONMODELS

Lettuce laugh: Hedda gets her canes in a twist, at the Metropolitan Room (Dec. 16-26).

Libra A window display’s fanciful oversized menorah inspires you to think big, in matters of the heart. Lucky Streisand movie: Yentl.

Scorpio Shortly after the polite sampling of a holiday dish you despise, a stranger favors you with a similarly unselfish act of kindness. Lucky element: Barium.

Sagittarius Don’t let nostalgia for bygone holiday activities turn you into a mopey mess. Lucky Holiday Special star: Andy Williams.

Capricorn An active verb from that Christmas carol you hate holds the key to a nagging December 23 question. Lucky syrup flavor: Peach Cobbler.

Aquarius Infomercial impulse shopping is the answer to this year’s Secret Santa gift quest. Lucky number: 346. Pisces Let go guilt from unkept New Year’s resolutions. Your willpower returns, with a vengeance, on January 14. Lucky shape: Rectangle.


December 13 - 19, 2012

25

BY SCOTT STIFFLER

Photo by Rob Reynolds

“The Colonial Nutcracker,� at BCPA on Dec. 16, sets the action in wintry colonial Yorktown during the Revolutionary War.

“THE COLONIAL NUTCRACKER� & “THE SNOW MAIDEN� Having presented acclaimed reimaginings of “Sleeping Beauty,� “Peter and the Wolf� and “Cinderella,� Dance Theatre in Westchester puts their stamp on Tchaikovsky’s classic ballet by placing the action in wintry colonial Yorktown during the Revolutionary War. “The Colonial Nutcracker� features the Sugar Plum Fairy dance and the Waltz of the Snowflakes everyone knows and loves, plus a red-coated mouse army and narration designed to enhance the experience of kids ages five and up. Sun., Dec. 16,

at 2pm. Tickets: $10. At the Brooklyn Center for the Performing Arts. Also at BCPA: Traditional Russian songs, dances and elaborate costumes are used to tell the story of why Grandfather Frost transforms a worthy young girl into “The Snow Maiden.� It’s performed in Russian with English subtitles, and recommended for ages six and up. Sat., Dec. 22, at 6pm. Tickets are $35-$50. To get more info and purchase tickets to both shows, visit brooklyncenteronline.org or call 718-951-4500. BCPA is located at the Walt Whitman Theatre at Brooklyn College (2900 Campus Road; 2/5 trains to Flatbush Ave.; on-site paid parking available).

Photo by Leah Reddy

From 2011: Jazz bassist Ron Carter reads ‘Twas the Night Before Christmas to a group of children, at the Church of the Intercession. This year, Pat Battle does the honors.

’TWAS THE NIGHT BEFORE CHRISTMAS One of New York’s longest running family holiday traditions is the annual recitation of Clement Clarke Moore’s “ ’Twas the Night Before Christmas,� this year read by News 4 New York’s anchor Pat Battle, at historic Church of the Intercession. In 1822, as a Christmas present for his six children, Moore (son of Dr. Benjamin Moore, sixth rector of Trinity Parish) penned the now-classic poem (also known as “A Visit from St. Nicholas�). A lantern procession and wreath-laying at Moore’s gravesite will immediately follow, at Trinity Church Cemetery & Mausoleum, located across from the church. Free. Sun., Dec. 23, at 4pm. At The Church of the Intercession (Broadway & W.155th St., wheelchair access via the cemetery gate, on 155th). For info, visit trinitywallstreet.org and intercessionnyc.org or call 212-602-0800. HAVA’N A GOOD TIME From 10am-4pm on December 25, the Museum of Jewish Heritage welcomes visitors of all ages for a day of music, crafts and film. There will be a kid-friendly craft station where children can make mosaic-themed picture frames — and a 1pm concert by Metropolitan Klezmer. Tickets for the concert are $15, $12 for seniors and students, $10 for members. The day-long event itself is free, with museum admission ($12, $10 for seniors, $7 for students, free for members and children 12 and younger). For reservations to the concert and more info on all museum events, visit mjhnyc.org or call 646-437- 4202. At Edmond J. Safra Plaza (36 Battery Place). GINGERBREAD SHIPBUILDING Inspired by a precision model of the Brooklyn-built USS Monitor currently on display at the Brooklyn Navy Yard Center’s BLDG 92, this event challenges kids to construct a gingerbread version which will be “commissioned,� then displayed throughout the holiday season). Along with bakers from Clinton Hill’s Le Petit Bakery, renowned model shipwright Dan Pariser will oversee the proceedings. In addition to building supplies, kids will be given ship-shaped gingerbread cookies to munch. Families are encouraged to bring a new unwrapped toy or game, which will be donated to families affected by Hurricane Sandy. At 1pm on Sat., Dec. 15, at the Brooklyn Navy Yard Center’s BLDG 92 (63 Flushing Ave., corner of Carlton Ave. Take the F to York St. or A/C to High St.). Free for adults, $15 for kids. For info, visit bldg92.org/events. WOULD YOU LIKE TO SEE YOUR LISTING IN THE VILLAGER? Please provide the date, time, location, price and a description of the event. Send to scott@chelseanow.com.

Photo courtesy of Brooklyn Center

Learn the origins of The Snow Maiden, Dec. 22 at BCPA.

THIRD STREET MUSIC SCHOOL SETTLEMENT

EXPLORE! GROW! DISCOVER!

Weekly music and dance instruction, for all ages and levels, after school and on Saturdays. 5IJSE4USFFU1SFTDIPPMGVMMBOEIBMG EBZQSPHSBNT5PEEMFS#BCZ.F .VTJD %BODFBOE.PWFNFOU DMBTTFT

Beginner Group Classes and Individual or Partner Lessons. Ensemble activities such as jazz and rock bands, choirs, orchestras, dance, chamber music and more!

BRINGING THE ARTS TO LIFE SINCE 1894

2 3 5 E A S T 1 1 T H S T R E E T • N E W YO R K , N Y 1 0 0 0 3 2 1 2 -7 7 7 - 3 2 4 0 • w w w. t h i r d s t r e e t m u s i c s c h o o l . o r g


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December 13 - 19, 2012

PUBL IC NOTICE S NOTICE IS HEREBY GIVEN that a license number 1266405 for liquor, beer, and wine has been applied for by SAIGON SHACK CORP. D/B/A THE BOIL to sell liquor, beer, and wine at retail in the restaurant under the Alcoholic Beverage Control Law at 139 CHRYSTIE STREET, NEW YORK, NY for on premises consumption. Vil: 12/13 - 12/20/2012 NOTICE IS HEREBY GIVEN that a license, no. 1266002 has been applied for by 3KAD LLC to sell beer, wine and liquor at retail under the Alcoholic Beverage Control Law, at a Restaurant located at 245 E 55th Street, New York NY 10022, for on-premises consumption. Vil: 12/13 - 12/20/2012 NOTICE IS HEREBY GIVEN that an on-premise license, #TBA has been applied for by Barragh Corp d/b/a The Clinic to sell beer, wine and liquor at retail in an on premises establishment. For on premises consumption under the ABC law at 340 9th Avenue New York NY 10001. Vil: 12/13 - 12/20/2012 NOTICE IS HEREBY GIVEN that an on-premise license, #TBA has been applied for by 252 Hospitality Group LLC d/b/a Kipsey’s to sell beer, wine and liquor at retail in an on premises establishment. For on premises consumption under the ABC law at 438 2nd Avenue New York NY 10010. Vil: 12/13 - 12/20/2012 NOTICE IS HEREBY GIVEN that an on-premise license, #1266947 has been applied for by LJ East Houston LLC d/b/a Lobster Joint to sell beer, wine and liquor at retail in an on premises establishment. For on premises consumption under the ABC law at 201 East Houston Street New York NY 10002. Vil: 12/13 - 12/20/2012 NOTICE OF FORMATION OF 53 MERCER STREET PARTNERS LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 07/13/12. Office location: NY County. Princ. office of LLC: 236 Elizabeth St., NY, NY 10012. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC, c/o Geller & Lehmann LLC, 10749 Falls Rd., Ste. 202, Lutherville, MD 21093-7033. As amended by Cert. of Amendment filed with SSNY on 11/16/12, the name of the LLC is: 258 WYTHE AVENUE PARTNERS LLC. Purpose: Any lawful activity. Vil: 12/13 - 01/17/2013 NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: 1075 FARMINGVILLE LLC. Articles of Organization were filed with the Secretary of State of New York (SSNY) on 07/29/10. Office location: New York County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to the LLC, c/o The Tzanides Law Firm, PLLC, 275 Madison Avenue, Suite 1000, New York, New York 10016. Purpose: For any lawful purpose. Vil: 12/13 - 01/17/2013

DAJD REALTY LLC, A DOMESTIC LLC Arts. of Org. filed with the SSNY on 11/9/12. Office location: New York County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to: The LLC, c/o Andrew Schonzeit, 37 W. 26th St., NY, NY 10010. General Purposes. Vil: 12/13 - 01/17/2013 NOTICE OF FORMATION OF WEISSGLASS PSYCHOLOGICAL SERVICES, PLLC Articles of Organization filed with Secretary of State of New York (SSNY) on 09/27/12. Office location: NY County. SSNY has been designated as an agent upon whom process against the PLLC may be served. The address to which SSNY shall mail a copy of any process against the PLLC is to: Weissglass Psychological Services, PLLC, 139 W 75th St, Apt 5 New York, NY 10023. Purpose: To engage in any lawful act or activity. Vil: 12/13 - 01/17/2013 NOTICE OF FORMATION OF 43-22 QUEENS STREET L.L.C. Articles of Organization filed with the Secretary of State of NY (SSNY) on 11/30/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Corporation Service Company, 80 State St., Albany, NY 12207-2543. Purpose: Any lawful activities. Vil: 12/13 - 01/17/2013 NOTICE OF FORMATION OF 28-E LAUSANNE LLC Art. of Org. filed Sec’y of State (SSNY) 10/29/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to H.B. Woolfalk, Esq., 113 Walworth Ave., Scarsdale, NY 10583. Purpose: any lawful activities. Vil: 12/13 - 01/17/2013 NOTICE OF FORMATION OF INFINITY 55-01 MYRTLE AVE LLC, FILED UNDER THE ORIGINAL NAME INFINITY RETAIL PORTFOLIO LLC Art. of Org. filed Sec’y of State (SSNY) 9/26/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to 1407 Broadway, 30th Fl., NY, NY 10018. Purpose: any lawful activities. Vil: 12/13 - 01/17/2013 NOTICE OF FORMATION OF 2505 THIRD DEBT LLC Art. of Org. filed Sec’y of State (SSNY) 9/20/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to c/o Bluestone Group, 40 Rector St., Ste. 1500, NY, NY 10006. Purpose: any lawful activities. Vil: 12/13 - 01/17/2013

NOTICE OF FORMATION OF WATERMELON CANTINA LLC FILED UNDER THE ORIGINAL NAME 107 THOMPSON STREET CAFE LLC Art. of Org. filed Sec’y of State (SSNY) 2/22/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to c/o Golenbock Eiseman et al, Att: David Rubin, 437 Madison Ave., 35th Fl., NY, NY 10022. Purpose: any lawful activities. Vil: 12/13 - 01/17/2013 NOTICE OF QUAL. OF AIM QUANTITATIVE GLOBAL SF LP Auth. filed Sec’y of State (SSNY) 5/3/12. Office loc.: NY County. LP org. in DE 4/18/12. SSNY desig. as agent of LP upon whom process against it may be served. SSNY shall mail copy of proc. to 529 5th Ave., 8th Fl., NY, NY 10017. DE off. addr.: CSC, 2711 Centerville Rd., Wilmington, DE 19808. Cert. of LP on file: SSDE, Townsend Bldg., Dover, DE 19901. Name/ addr. of each gen. ptr. avail. at SSNY. Purp.: any lawful activities. Vil: 12/13 - 01/17/2013 NOTICE OF QUAL. OF TWO SIGMA ACTIVE EXTENSION U.S. SMALL CAP EQUITY PORTFOLIO, LLC Auth. filed Sec’y of State (SSNY) 8/6/12. Office loc.: NY County. LLC org. in DE 8/2/12. SSNY desig. as agent of LLC upon whom process against it may be served. SSNY shall mail copy of proc. to Att: Matthew Siano, 379 W. Broadway, NY, NY 10012. DE off. addr.: CSC 2711 Centerville Rd., Wilmington, DE 19808. Cert. of Form. on file: SSDE, Townsend Bldg., Dover, DE 19901. Purp.: any lawful activities. Vil: 12/13 - 01/17/2013 NOTICE OF QUAL. OF TWO SIGMA ACTIVE EXTENSION U.S. SMALL CAP EQUITY FUND, LP Auth. filed Sec’y of State (SSNY) 8/6/12. Office loc.: NY County. LP org. in DE 8/2/12. SSNY desig. as agent of LP upon whom process against it may be served. SSNY shall mail copy of proc. to Att: Matthew Siano, 379 W. Broadway, NY, NY 10012. DE off. addr.: CSC, 2711 Centerville Rd., Wilmington, DE 19808. Cert. of LP on file: SSDE, Townsend Bldg., Dover, DE 19901. Name/addr. of each gen. ptr. avail. at SSNY. Purp.: any lawful activities. Vil: 12/13 - 01/17/2013 NOTICE OF QUAL. OF TWO SIGMA ACTIVE EXTENSION U.S. SMALL CAP EQUITY MASTER FUND, LLC Auth. filed Sec’y of State (SSNY) 8/6/12. Office loc.: NY County. LLC org. in DE 8/2/12. SSNY desig. as agent of LLC upon whom process against it may be served. SSNY shall mail copy of proc. to Att: Matthew Siano, 379 W. Broadway, NY, NY 10012. DE off. addr.: CSC, 2711 Centerville Rd., Wilmington, DE 19808. Cert. of Form. on file: SSDE, Townsend Bldg., Dover, DE 19901. Purp.: any lawful activities. Vil: 12/13 - 01/17/2013

NOTICE OF QUAL. OF ARDEN GARDEN STATE NJ FUND, L.P. filed under the original name Arden Liberty Fund, L.P., Auth. filed Sec’y of State (SSNY) 8/10/12. Office loc.: NY County. LP org. in DE 4/19/12. SSNY desig. as agent of LP upon whom process against it may be served. SSNY shall mail copy of proc. to Att: Averell Mortimer, 375 Park Ave., 32nd Fl., NY, NY 10152. DE off. addr.: CSC, 2711 Centerville Rd., Wilmington, DE 19808. Cert. of LP on file: SSDE, Townsend Bldg., Dover, DE 19901. Name/addr. of each gen. ptr. avail. at SSNY. Purp.: any lawful activities. Vil: 12/13 - 01/17/2013 NOTICE OF QUALIFICATION OF RIVER PARTNERS 2012-TAH, LLC App. for Auth. filed Secy. of State of NY (SSNY) on 11/16/12. Off. loc.: NY County. LLC formed in Delaware (DE) on 11/13/12. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o Levin Capital Strategies, LP, 595 Madison Ave., NY, NY 10022. DE address of LLC: 1209 Orange St., Wilmington, DE 19801. Cert. of Form. filed DE Secy. of State, Loockerman & Federal St., Dover, DE 19901. Purpose: any lawful activity. Vil: 12/13 - 01/17/2013 NOTICE OF FORMATION OF 147 WEST 46TH STREET OPERATING, LLC Arts. of Org. filed with NY Dept. of State on 10/2/12. Office location: NY County. Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: 560 Fifth Ave., 3rd Fl., NY, NY 10036, principal business address. Purpose: any lawful activity. Vil: 12/13 - 01/17/2013 NAME OF LLC: SHOWTIME ON THE PIERS, LLC Arts. of Org. filed with NY Dept. of State: 11/16/12. Office location: NY County. Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o Quinn McCabe LLP, 9 E. 40th St., 14th Fl., NY, NY 10017. Purpose: any lawful activity. Vil: 12/13 - 01/17/2013 SUBSTITUTE TURPENTINE LLC a domestic LLC, Arts. of Org. filed with the SSNY on 11/6/12. Office location: New York County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to: The LLC, 118 Perry St., #J40, NY, NY 10014. General Purposes. Vil: 12/06 - 01/10/2013 NOTICE OF FORMATION OF WHITE PEACOCK LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 11/21/12. Office location: NY County. Princ. office of LLC: c/o Hunter Gray, 225 W. 13th St., NY, NY 10011. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC at the addr. of its princ. office. Purpose: Any lawful activity. Vil: 12/06 - 01/10/2013

NOTICE OF FORMATION OF YURMAN RETAIL CANADA, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 11/20/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Pavia & Harcourt LLP, Attn: Jordan E. Ringel, Esq., 590 Madison Ave., 8th Fl., NY, NY 10022. Purpose: Any lawful activity. Vil: 12/06 - 01/10/2013 NOTICE IS HEREBY GIVEN that an on-premise license, #TBA has been applied for by Entrez Bar & Grill Inc. d/b/a Entrez to sell beer, wine and liquor at retail in an on premises establishment. For on premises consumption under the ABC law at 162 2nd Ave. New York NY 10007. Vil: 12/06 - 12/13/2012 NOTICE IS HEREBY GIVEN that an on-premise license, #TBA has been applied for by Pop Underground LLC d/b/a Pop Burger to sell beer, wine and liquor at retail in an on premises establishment. For on premises consumption under the ABC law at 41 East 11th Street New York NY 10003. Vil: 12/06 - 12/13/2012 NOTICE IS HEREBY GIVEN that license #1267326 has been applied by the undersigned to sell alcoholic beverages at retail in a restaurant under the alcoholic beverage control law at 221 W 38th St, 1st Floor, NY, NY 10018 for on-premises consumption. HARISSA LLC d/b/a TAGINE Vil: 12/06 - 12/13/2012 GILDA PROPERTIES LLC a domestic LLC, Arts. of Org. filed with the SSNY on 10/24/12. Office location: New York County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to: Richard K. Eng, Esq., 100 Lafayette St., Ste. 403, NY, NY 10013. General Purposes. Vil: 12/06 - 01/10/2013 MAPPHOTODATA LLC Arts., of Org., filed with NY Sec. of State (“SSNY”) 11/20/2012. Office in New York County; SSNY designated agent for service of process with copy mailed to Pryor Cashman LLP, 7 Times Square, New York, NY 10036, Attn: Joshua Zuckerberg, Esq.; All lawful business purposes. Vil: 12/06 - 01/10/2013 J OAK LLC Articles of Org. filed NY Sec. of State (SSNY) 11/5/2012. Office in NY Co. SSNY desig. agent of LLC upon whom process may be served. SSNY shall mail copy of process to 248 Terrace Ln., Galax, VA 24333, which is also the principal business location. Purpose: Any lawful purpose. Vil: 12/06 - 01/10/2013 BOULEVARD BISTRO, LLC Art. Of Org. Filed Sec. of State of NY 07/30/2012. Off. Loc.:New York Co. SSNY designated as agent upon whom process against it may be served. SSNY to mail copy of process to The LLC, 117 West 123rd Street, 8A, New York, NY 10027. Purpose: Any lawful act or activity. Vil: 12/06 - 01/10/2013

NOTICE OF QUALIFICATION OF CGL MANAGEMENT SERVICES, LLC App. for Auth. filed Secy. of State of NY (SSNY) on 11/15/12. Off. loc.: NY County. LLC formed in Delaware (DE) on 5/8/12. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 4401 N. Mesa St., El Paso, TX 79902. DE address of LLC: 1675 South State St., Ste. B, Dover, DE 19901. Arts. of Org. filed DE Secy. of State, 401 Federal St., Ste. 4, Dover, DE 19901. Purpose: any lawful activity. Vil: 12/06 - 01/10/2013 NOTICE OF FORMATION OF ALALI VENTURES, LLC Arts. of Org. filed Secy. of State of NY (SSNY) on 11/9/12. Off. loc.: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o Ahmed Alali, 330 E. 75th St., NY, NY 10021. Purpose: any lawful activity. Vil: 12/06 - 01/10/2013 NOTICE OF FORMATION OF THEKEEP NYC, LLC Arts. of Org. filed with NY Dept. of State on 11/9/12. Office location: NY County. Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o John R. Devine, Esq., Miles & Stockbridge P.C., 10 Light St., Baltimore, MD 21202. Regd. agent upon whom process may be served: Mary S. Devine, 234 Thompson St., #10, NY, NY 10012, principal business address. Purpose: all lawful purposes. Vil: 12/06 - 01/10/2013 NOTICE OF QUALIFICATION OF OFS CAPITAL MANAGEMENT, LLC Authority filed with NY Dept. of State on 11/13/12. Office location: NY County. Princ. bus. addr.: 2850 West Golf Rd., Ste. 520, Rolling Meadows, IL 60008. LLC formed in DE on 3/18/10. NY Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o CT Corporation System, 111 8th Ave., NY, NY 10011, regd. agent upon whom process may be served. DE addr. of LLC: c/o The Corporation Trust Co., 1209 Orange St., Wilmington, DE 19801. Cert. of Form. filed with DE Sec. of State, 401 Federal St., Dover, DE 19901. Purpose: all lawful purposes. Vil: 12/06 - 01/10/2013 NOTICE OF QUALIFICATION OF OFS CAPITAL SERVICES, LLC Authority filed with NY Dept. of State on 11/13/12. Office location: NY County. Princ. bus. addr.: 2850 West Golf Rd., Ste. 520, Rolling Meadows, IL 60008. LLC formed in DE on 4/16/10. NY Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o CT Corporation System, 111 8th Ave., NY, NY 10011, regd. agent upon whom process may be served. DE addr. of LLC: c/o The Corporation Trust Co., 1209 Orange St., Wilmington, DE 19801. Cert. of Form. filed with DE Sec. of State, 401 Federal St., Dover, DE 19901. Purpose: all lawful purposes. Vil: 12/06 - 01/10/2013

NOTICE OF QUALIFICATION OF VIKING MVI II LLC Authority filed with NY Dept. of State on 4/27/12. Office location: NY County. LLC formed in DE on 3/22/12. NY Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to the principal business addr.: c/o Viking Global Performance LLC, 55 Railroad Ave., Greenwich, CT 06830, Attn: General Counsel. DE addr. of LLC: The Corporation Trust Co., 1209 Orange St., Wilmington, DE 19801. Cert. of Form. filed with DE Sec. of State, Townsend Bldg., Dover, DE 19901. Purpose: all lawful purposes. Vil: 12/06 - 01/10/2013 YOGAYAEL LLC Arts. of Org filed NY Secy of State(SSNY)11/6/12. OFC in NY Co. SSNY design. Agent of LLC whom process may be served. SSNY shall mail process to 119 W 72 St #274 NY NY 10023. Purpose: any lawful act. 1985259 Vil: 11/29 - 01/03/2013 NOTICE OF QUALIFICATION OF LIN MOBILE, LLC Authority filed with Secy. of State of NY (SSNY) on 11/15/12. Office location: NY County. LLC formed in Delaware (DE) on 11/07/12. Princ. office of LLC: One West Exchange St., Providence, RI 02903. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o Corporation Service Co., 80 State St., Albany, NY 12207-2543. DE addr. of LLC: 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808. Arts. of Org. filed with Secy. of State, Div. of Corps., 401 Federal St. - Ste. 4, Dover, DE 19901. Purpose: To engage in the development and sale of advertising solutions for the mobile and smartphone markets in addition to any other lawful act or activity incidental thereto. Vil: 11/29 - 01/03/2013 NOTICE OF QUALIFICATION OF ARCHETYPES BRANDS LLC Authority filed with Secy. of State of NY (SSNY) on 11/07/12. Office location: NY County. LLC formed in Delaware (DE) on 09/21/12. Princ. office of LLC: 5 Crosby St., 3rd Fl., NY, NY 10013. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC at the princ. office of the LLC. DE addr. of LLC: Corporation Service Co., 2711 Centerville Rd., Wilmington, DE 19808. Arts. of Org. filed with DE Secy. of State, Div. of Corps., John G. Townsend Bldg., 401 Federal St., Dover, DE 19901. Purpose: Any lawful activity. Vil: 11/29 - 01/03/2013 NOTICE OF FORMATION OF MIRROR THE HAIR SALON AT CAROL’S DAUGHTER, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 11/14/12. Office location: NY County. Princ. office of LLC: 99 Hudson St., NY, NY 10013. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC at the addr. of its princ. office. Purpose: Any lawful activity. Vil: 11/29 - 01/03/2013

NOTICE OF QUALIFICATION OF FACE UP, LLC Authority filed with Secy of State of NY (SSNY) on 10/25/12. Office location: NY County. LLC formed in DE on 6/1/12. SSNY designated agent upon whom process may be served and shall mail copy of process against LLC to: 80 State St Albany, NY 12207-2543. Principal business address: 550 Madison Ave NY, NY 10022. DE address of LLC: 2711 Centerville Rd Ste 400 Wilmington, DE 19808. Cert of LLC filed with Secy of State of DE located: PO Box 898 Dover, DE 19903. Purpose: any lawful act. 1984366 Vil: 11/29 -01/03/2013 NOTICE OF QUALIFICATION OF ARIAMA LLC Authority filed with Secy of State of NY (SSNY) on 10/9/12. Office location: NY County. LLC formed in DE on 11/8/11. SSNY designated agent upon whom process may be served and shall mail copy of process against LLC to: 80 State St Albany, NY 12207-2543. Principal business address: 550 Madison Ave NY, NY 10022. DE address of LLC: 2711 Centerville Rd Ste 400 Wilmington, DE 19808. Cert of LLC filed with Secy of State of DE located: PO Box 898 Dover, DE 19903. Purpose: any lawful act. 1984362 Vil: 11/29 - 01/03/2013 NOTICE OF FORMATION OF XTRAINER LLC Arts. of Org. filed Secy. of State of NY (SSNY) on 11/9/12. Off. loc.: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: The LLC, 515 Madison Ave., 3rd Fl., NY, NY 10022. Purpose: any lawful activity. Vil: 11/29 - 01/03/2013 NOTICE OF QUALIFICATION OF D&C HOSPITALITY INVESTMENTS, LLC Application for Authority filed with Secretary of State of New York (SSNY) on 8/28/12. Office location: NY County. SSNY has been designated as an agent upon whom process against the LLC may be served. The address to which SSNY shall mail a copy of any process against the LLC is to: D&C Hospitality Investments, LLC, 6400 S. Fiddlers Green Circle, Suite 1730, Greenwood Village, Colorado 80111. Purpose: To engage in any lawful act or activity. Vil: 11/22 - 12/27/2012 NOTICE OF QUALIFICATION OF 696 PARTNERS LLC Authority filed with Secy. of State of NY (SSNY) on 11/13/12. Office location: NY County. LLC formed in Delaware (DE) on 10/31/12. Princ. office of LLC: 1 Astor Pl., Apt. 2P, NY, NY 10003. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC at the princ. office of the LLC. DE addr. of LLC: c/o US Corp. Agents, Inc., 1521 Concord Pike, Ste, 301, Wilmington, DE 19803. Arts. of Org. filed with Secy. of State of DE, Div. of Corps., John G. Townsend Bldg., 401 Federal St., Ste. 4, Dover, DE 19901. Purpose: Any lawful activity. Vil: 11/22 - 12/27/2012


December 13 - 19, 2012

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PUBL IC NOTICE S NOTICE OF FORMATION OF 470 VANDERBILT PARKING LLC Art. of Org. filed Sec’y of State (SSNY) 10/5/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to 50 Broadway, 4th Fl., NY, NY 10004. Purpose: any lawful activities. Vil: 11/22 - 12/27/2012 NOTICE OF FORMATION OF 109 WEST 27TH STREET, LLC Art. of Org. filed Sec’y of State (SSNY) 9/17/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to 45 White St., NY, NY 10013. Purpose: any lawful activities. Vil: 11/22 - 12/27/2012 NOTICE OF QUAL. OF GRAND AVENUE FEE OWNER LLC Auth. filed Sec’y of State (SSNY) 10/24/12. Office loc.: NY County. LLC org. in DE 8/1/12. SSNY desig. as agent of LLC upon whom process against it may be served. SSNY shall mail copy of proc. to NRAI, 111 Eighth Ave., NY, NY 10011, the Reg. Agt. upon whom proc. may be served. DE off. addr.: 160 Greentree Dr., Ste. 101, Dover, DE 19904. Cert. of Form. on file: SSDE, Townsend Bldg., Dover, DE 19901. Purp.: any lawful activities. Vil: 11/22 - 12/27/2012 NOTICE OF FORMATION OF 1022M LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 09/28/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o Corporation Service Co., 80 State St., Albany, NY 12207-2543. Purpose: Any lawful activity. Vil: 11/22 - 12/27/2012 NOTICE OF QUALIFICATION OF RGN-NEW YORK XIII, LLC Authority filed with Secy. of State of NY (SSNY) on 11/01/12. Office location: NY County. LLC formed in Delaware (DE) on 10/18/12. Princ. office of LLC: 15305 Dallas Pkwy., Ste. 400, Addison, TX 75001. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o Corporation Service Co., 80 State St., Albany, NY 12207-2543. DE addr. of LLC: 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808. Arts. of Org. filed with DE Secy. of State, 401 Federal St. - Ste. 4, Dover, DE 19901. Purpose: Any lawful activity. Vil: 11/22 - 12/27/2012 LAW OFFICES OF FRANK TRIEF, PLLC, A PROF. LLC Arts. of Org. filed with the SSNY on 10/16/2012. Office loc: NY County. SSNY has been designated as agent upon whom process against it may be served. SSNY shall mail process to: Frank Trief, 9 E. 40th St., 16th Fl, NY, NY 10016. Purpose: To Practice The Profession Of Law. Vil: 11/22 - 12/27/2012

NOTICE OF QUALIFICATION OF DEBRISTECH, LLC Authority filed with Secy. of State of NY (SSNY) on 11/7/12. Office location: NY County. LLC formed in Mississippi (MS) on 8/20/10. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: National Registered Agents, Inc., 111 Eighth Ave., NY, NY 10011. Principal office address: 925 Goodyear Blvd., Picayune, MS 39466. Arts of Org. filed with the MS Secretary of State, P.O. Box 136, Jackson, MS 39205. Purpose: any lawful activities. Vil: 11/22 - 12/27/2012 NOTICE OF FORMATION OF WESTON BLACKWOOD LLC Arts of Org filed with Secy of State of NY (SSNY) on 8/13/12. Office location: NY County. SSNY designated as agent upon whom process may be served and shall mail copy of process against LLC to principal business address: 225 Fifth Ave, Ste 6R, NY, NY 10010. Purpose: any lawful act. Vil: 11/22 - 12/27/2012 NOTICE OF FORMATION OF HLAM DUFFIELD III LLC Arts. of Org. filed with Secy. of State of N.Y. (SSNY) on 6/5/12. Office location: New York County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o LAM Group, 202 Centre St., FL 6, New York, NY 10013. Purpose: any lawful activity. Vil: 11/22 - 12/27/2012 NOTICE OF FORMATION OF HENAN DUFFIELD III LLC Arts. of Org. filed with Secy. of State of N.Y. (SSNY) on 6/6/12. Office location: New York County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o Lam Group, 202 Centre St., 6th Fl., New York, NY 10013. Purpose: any lawful activity. Vil: 11/22 - 12/27/2012 NOTICE OF FORMATION OF GWB AMSTERDAM LLC Arts. of Org. filed Secy. of State of NY (SSNY) on 11/2/12. Off. loc.: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 417 Fifth Ave., 4th Fl., NY, NY 10016. Purpose: any lawful activity. Vil: 11/22 - 12/27/2012 NOTICE OF FORMATION OF NGC PARTNERS LLC Arts. of Org. filed Secy. of State of NY (SSNY) on 10/31/12. Off. loc.: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o F. Confuorti, 2 Wall St., NY, NY 10005. Purpose: any lawful activity. Vil: 11/22 - 12/27/2012

NOTICE OF FORMATION OF T2 MULTISPORT NYC LLC Arts. of Org. filed Secy. of State of NY (SSNY) on 10/29/12. Off. loc.: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: The LLC, 429 E. 52nd St., Apt. 15J, NY, NY 10022. Purpose: any lawful activity. Vil: 11/22 - 12/27/2012 NOTICE OF QUALIFICATION OF CHILTON GLOBAL NATURAL RESOURCES LONG OPPORTUNITIES, L.P. App. for Auth. filed Secy. of State of NY (SSNY) on 11/7/12. Off. loc.: NY County. LP formed in Delaware (DE) on 10/30/12. SSNY designated as agent of LP upon whom process against it may be served. SSNY shall mail process to: c/o CT Corporation System, 111 8th Ave., NY, NY 10011, registered agent upon whom process may be served. DE address of LP: 1209 Orange St., Wilmington, DE 19801. Name/ address of each genl. ptr. available from SSNY. Cert. of LP filed DE Secy. of State, 401 Federal St., Ste. 4, Dover, DE 19901. Purpose: all lawful purposes. Vil: 11/22 - 12/27/2012 NOTICE OF QUALIFICATION OF SALAURMOR GP LLC App. for Auth. filed Secy. of State of NY (SSNY) on 9/27/12. Off. loc.: NY County. LLC formed in Delaware (DE) on 9/25/12. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 527 Madison Ave., 6th Fl., NY, NY 10022. DE address of LLC: Stellar Corporate Services LLC, 3500 S. DuPont Hwy., Dover, DE 19901. Cert. of Form. filed DE Secy. of State, 401 Federal St., Ste. 4, Dover, DE 19901. Purpose: any lawful activity. Vil: 11/22 - 12/27/2012 NOTICE OF QUALIFICATION OF NORTH RIVER I MANAGER LLC Authority filed with NY Dept. of State on 10/29/12. Office location: NY County. LLC formed in DE on 10/25/12. NY Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o North River I Manager LLC, 224 12th Ave., NY, NY 10001, principal business address. DE address of LLC: 1209 Orange St., Wilmington, DE 19801. Cert. of Form. filed with DE Sec. of State, 401 Federal St., Dover, DE 19901. Purpose: all lawful purposes. Vil: 11/22 - 12/27/2012 NOTICE OF QUALIFICATION OF SIMPLEX TIME RECORDER LLC Authority filed with NY Dept. of State on 11/1/12. Office location: NY County. LLC formed in MA on 6/30/12. NY Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o CT Corporation System, 111 8th Ave., NY, NY 10011, regd. agent upon whom process may be served. Principal office address: 1501 Yamato Rd., Boca Raton, FL 33431. Cert. of Org. filed with MA Sec. of the Commonwealth, One Ashburton Pl., Boston, MA 02108. Purpose: all lawful purposes. Vil: 11/22 - 12/27/2012

NOTICE OF QUALIFICATION OF THREE-HUNDREDTH STREET LLC Authority filed with NY Dept. of State on 10/29/12. Office location: NY County. LLC formed in DE on 10/18/12. NY Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: CT Corporation System, 111 8th Ave., NY, NY 10011. DE addr. of LLC: 1209 Orange St., Wilmington, DE 19801. Cert. of Form. filed with DE Sec. of State, 401 Federal St., Dover, DE 19901. Purpose: all lawful purposes. Vil: 11/22 - 12/27/2012 NOTICE OF FORMATION OF INFINITAS, LLC Arts of Org filed with Secy of State of NY (SSNY) on 10/29/12 Office location: New York County. SSNY designated as agent upon whom process may be served and shall mail copy of process against LLC to principal address:140 W. 71st St, #4E New York, NY 10023. Purpose: any lawful act. Vil: 11/15- 12/20/2012 NOTICE OF FORMATION OF JCM ASSOCIATES I, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 10/26/12. Office location: NY County. Princ. office of LLC: 35 W. 64th St., Apt. 6B/C, NY, NY 10023. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC at the addr. of its princ. office. Purpose: Any lawful activity. Vil: 11/15- 12/20/2012 NOTICE OF FORMATION OF FLUID NEW YORK LLC Arts of Org filed with Secy of State of NY (SSNY) on 10/1/12. Office location: NY County. SSNY designated as agent upon whom process may be served and shall mail copy of process against LLC to principal business address: 22 E 21st St Suite 6-R, NY, NY 10010. Purpose: any lawful act. Vil: 11/15- 12/20/2012 NOTICE OF FORMATION OF ECW COMMUNICATIONS, LLC Articles of Organization filed with Secretary of State of New York (SSNY) on 10/11/2012. Office location: NY County. SSNY has been designated as an agent upon whom process against the LLC may be served. The address to which SSNY shall mail a copy of any process against the LLC is to: Emily Campagna Walsh, 211 North End Ave., Ste. 8Q, 102821227 New York, NY Purpose: To engage in any lawful act or activity. Vil: 11/15- 12/20/2012 45 MCCLINTON ASSOCIATES, LLC Articles of Org. filed NY Sec. of State (SSNY) 1/30/12. Office in NY Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to The LLC 45 Broadway 25th FL New York, NY 10006. Purpose: Any lawful activity. Vil: 11/15- 12/20/2012

NOTICE OF FORMATION OF ALL THE TASTES OF NEW YORK, LLC Articles of Organization filed with Secretary of State of New York (SSNY) on 01/17/12 Office location: NY County. SSNY has been designated as an agent upon whom process against the LLC may be served. The address to which SSNY shall mail a copy of any process against the LLC is to: All The Tastes of New York, LLC 228 E 36th St., Apt 5D, New York, NY 10016. Purpose: To engage in any lawful act or activity. Vil: 11/15- 12/20/2012 NOTICE OF FORMATION OF PREMIUM CONSULTING GROUP LLC Arts of Org. filed with Secy, of State of NY (SSNY) on 02/03/2012. Off. loc: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: Justin Kohn, 211 N. End Avenue 22-B,NY, NY 10282. Purpose: any lawful activity. Vil: 11/15- 12/20/2012 NOTICE OF QUALIFICATION OF FEIL 3500 SUNRISE ASSOCIATES LLC App. for Auth. filed Secy. of State of NY (SSNY) on 10/17/12. Off. loc.: NY County. LLC formed in Delaware (DE) on 10/9/12. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o The Feil Organization, 7 Penn Plaza, Ste. 618, NY, NY 10001. DE address of LLC: United Corporate Services, 874 Walker Road, Ste. C, Dover, DE 19904. Arts. of Org. filed DE Secy. of State, 401 Federal St., Ste. 4, Dover, DE 19901. Purpose: any lawful activity. Vil: 11/15- 12/20/2012 NOTICE OF FORMATION OF ADP12 LLC Arts. of Org. filed Secy. of State of NY (SSNY) on 10/12/12. Off. loc.: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: Reid A. Rosen, Esq., 15 Wilputte Place, New Rochelle, NY 10804, the registered agent upon whom process may be served. Purpose: any lawful purpose. Vil: 11/15- 12/20/2012 NAME OF LLC: MIDMARKET DEVELOPMENT PARTNERS LLC Arts. of Org. filed with NY Dept. of State: 10/10/12. Office loc.: NY Co. Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o Business Filings Inc., 187 Wolf Rd., Ste. 101, Albany, NY 12205, regd. agt. upon whom process may be served. Purpose: any lawful act. Vil: 11/15- 12/20/2012 NOTICE OF FORMATION OF PARK LANE HOLDINGS, LLC Arts. of Org. filed with NY Dept. of State on 10/22/12. Office location: NY County. Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: Vano Haroutunian, 729 7th Ave., 17th Fl., NY, NY 10019. Purpose: all lawful purposes. Vil: 11/15- 12/20/2012

NOTICE OF FORMATION OF FOREIGN LIMITED LIABILITY COMPANY (LLC) Name: HSP PARTNERS LLC. Application for Authority was filed by the Department of State of New York on: 10/24/2012. Jurisdiction: Delaware. Organized on: 10/17/2012. Office location: County of New York. Purpose: any and all lawful activities. Secretary of State of New York (SSNY) designated as agent of LLC upon whom process against it may be served. SSNY shall mail a copy of process to: 325 Canal Street, #2, New York, NY 10013. Address of office required to be maintained in Delaware National Corporate Research, Ltd. 615 South DuPont Highway, Dover, DE 19901. Authorized officer in its Jurisdiction is: Secretary of State of Delaware John G. Townsend Building, 401 Federal Street, Suite 4, Dover, DE 19901. Vil: 11/08- 12/13/2012 NOTICE OF FORMATION OF JE RED HOOK LLC. Arts. of Org. filed with Secy. of State of NY (SSNY) on 10/22/2012. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o VE Equities LLC, 12 Mercer St., 3rd Fl., NY, NY 10013. Purpose: Any lawful activity. Vil: 11/08- 12/13/2012 NOTICE OF FORMATION OF HUA FANG USA, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 10/31/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: The LLC, 261 5th Ave., Ste. 401, NY, NY 10016. Purpose: any lawful activities. Vil: 11/08- 12/13/2012 NOTICE OF QUALIFICATION OF HPS 50TH AVENUE OWNER LLC Authority filed with Secy. of State of NY (SSNY) on 10/17/12. Office location: NY County. LLC formed in Delaware (DE) on 10/15/12. Princ. office of LLC: 60 Columbus Circle, NY, NY 10023. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o Corporation Service Co. (CSC), 80 State St., Albany, NY 12207. DE addr. of LLC: c/o CSC, 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808. Arts. of Org. filed with Secy. of State of DE, John G. Townsend Bldg., Federal and Duke of York Sts., Dover, DE 19901. Purpose: Any lawful activity. Vil: 11/08- 12/13/2012 NOTICE OF QUAL. OF 1080 AMSTERDAM GREEN LENDER LLC Auth. filed Sec’y of State (SSNY) 9/21/12. Office loc.: NY County. LLC org. in DE 9/17/12. SSNY desig. as agent of LLC upon whom process against it may be served. SSNY shall mail copy of proc. to NRAI, 111 Eighth Ave., NY, NY 10011, the Reg. Agt. upon whom proc. may be served. DE off. addr.: 160 Greentree Dr., Ste. 101, Dover, DE 19901. Cert. of Form. on file: SSDE, Townsend Bldg., Dover, DE 19901. Purp.: any lawful activities. Vil: 11/08- 12/13/2012

NOTICE OF QUAL. OF 619 WEST 54 FUNDING LLC Auth. filed Sec’y of State (SSNY) 9/20/12. Office loc.: NY County. LLC org. in DE 9/14/12. SSNY desig. as agent of LLC upon whom process against it may be served. SSNY shall mail copy of proc. to NRAI, 111 Eighth Ave., NY, NY 10011, the Reg. Agt. upon whom proc. may be served. DE off. addr.: 160 Greentree Dr., Ste. 101, Dover, DE 19904. Cert. of Form. on file: SSDE, Townsend Bldg., Dover, DE 19901. Purp.: any lawful activities. Vil: 11/08- 12/13/2012

NOTICE OF QUAL. OF 21E66 UT INVESTOR LLC Auth. filed Sec’y of State (SSNY) 10/9/12. Office loc.: NY County. LLC org. in DE 10/1/12. SSNY desig. as agent of LLC upon whom process against it may be served. SSNY shall mail copy of proc. to NRAI, 111 Eighth Ave., NY, NY 10011, the Reg. Agt. upon whom proc. may be served. DE off. addr.: 160 Greentree Dr., Ste. 101, Dover, DE 19904. Cert. of Form. on file: SSDE, Townsend Bldg., Dover, DE 19901. Purp.: any lawful activities. Vil: 11/08- 12/13/2012

NOTICE OF QUAL. OF 78 RPM OWNER LLC Auth. filed Sec’y of State (SSNY) 9/19/12. Office loc.: NY County. LLC org. in DE 6/29/12. SSNY desig. as agent of LLC upon whom process against it may be served. SSNY shall mail copy of proc. to 902 Broadway, 18th Fl., NY, NY 10010. DE off. addr.: 160 Greentree Dr., Ste. 101, Dover, DE 19904. Cert. of Form. on file: SSDE, Townsend Bldg., Dover, DE 19901. Purp.: any lawful activities. Vil: 11/08- 12/13/2012

NOTICE OF QUAL. OF 21E66 MM INVESTOR LLC Auth. filed Sec’y of State (SSNY) 10/9/12. Office loc.: NY County. LLC org. in DE 10/1/12. SSNY desig. as agent of LLC upon whom process against it may be served. SSNY shall mail copy of proc. to NRAI, 111 Eighth Ave., NY, NY 10011, the Reg. Agt. upon whom proc. may be served. DE off. addr.: 160 Greentree Dr., Ste. 101, Dover, DE 19904. Cert. of Form. on file: SSDE, Townsend Bldg., Dover, DE 19901. Purp.: any lawful activities. Vil: 11/08- 12/13/2012

NOTICE OF QUAL. OF 21E66 LT INVESTOR LLC Auth. filed Sec’y of State (SSNY) 10/9/12. Office loc.: NY County. LLC org. in DE 10/1/12. SSNY desig. as agent of LLC upon whom process against it may be served. SSNY shall mail copy of proc. to NRAI, 111 Eighth Ave., NY, NY 10011, the Reg. Agt. upon whom proc. may be served. DE off. addr.: 160 Greentree Dr., Ste. 101, Dover, DE 19904. Cert. of Form. on file: SSDE, Townsend Bldg., Dover, DE 19901. Purp.: any lawful activities. Vil: 11/08- 12/13/2012

NOTICE OF QUAL. OF AXONIC RESIDENTIAL ASSETS FUND I, LP Auth. filed Sec’y of State (SSNY) 4/11/12. Office loc.: NY County. LP org. in DE 4/10/12. SSNY desig. as agent of LP upon whom process against it may be served. SSNY shall mail copy of proc. to Att: Clayton DeGiacinto, 489 Fifth Ave., 31st Fl., NY, NY 10017. DE off. addr.: CSC, 2711 Centerville Rd., Wilmington, DE 19808. Cert. of LP on file: SSDE, Townsend Bldg., Dover, DE 19901. Name/addr. of each gen. ptr. avail. at SSNY. Purp.: any lawful activities. Vil: 11/08- 12/13/2012

JULIO TUMBACO

646.452.2490 JULIO@THEVILLAGER.COM


2 8 December 13 - 19, 2012

Durst pegs Pier 40 piles fix at $50 mil less than Trust Continued from page 1 However, according to Durst, all of the 15-acre pier’s piles can be preserved in their current condition for as little as $30 million, by placing fiberglass jackets around them that are filled with concrete. The pier’s piles today don’t bear as much load as they did in past decades when its courtyard was used as a truck court, and they don’t need to, according to Durst. Durst is chairperson of the Friends of Hudson River Park, the waterfront park’s former watchdog group recently turned private fundraising arm. Several months ago, he floated an alternative plan for redeveloping Pier 40. Conceived along with Ben Korman, who used to run the pier’s parking operation, this plan would feature valet parking and a high-tech campus, while preserving the pier’s beloved courtyard sports field. If a second-level deck were built so that the sports field could be raised above the flood plain — with the parking put on the level below the field — the piles would need more reinforcement, which would raise the cost of fortifying them up to $44 million. Following Sandy, Durst said his proposal now definitely calls for raising the field. The Trust, for its part, has been pushing to open up the Hudson River Park Act of 1998 to allow a greater variety of potentially viable uses for the pier. One such currently unpermitted use that has generated significant interest — as well as substantial opposition — is residential housing at Pier 40. Housing would be a highrevenue, low-impact use, according to outside planning consultants retained by the local youth sports leagues to study ideas for the pier earlier this year. Durst, one of the city’s most prominent developers, personally does not feel residential would work on the pier. In September, a Durst spokesperson said, “Douglas speaking for himself does not have an ideological issue, but a practical one — that [residential housing on Pier 40] will be too difficult to implement and construct and won’t generate the necessary revenue for the pier or the park.” In an interview last week, Durst said Superstorm Sandy showed that building housing out on the pier would be a mistake. “To me it proves that it doesn’t work on the pier,” he said. The Trust hired Halcrow to study the state of Pier 40’s piles in 2009. The more recent study commissioned by Durst was done by McLaren Engineers Group, which submitted its report on Oct. 25. For the $25,000 study, three divers spent three days checking the piles underwater, concentrating their efforts under the pier’s north side; another three days were spent checking the concrete pier’s underside. Durst said the McLaren study is “complementary” to the previous Pier 40 study. “The purpose was to confirm the Halcrow report of 2009,” Durst said. “It was part of a process for estimating cost [of the alternative Pier 40 proposal], and we wanted to see the deterioration [of the piles]” during the time between the two studies. The Trust has used the Halcrow report as evidence that the pier’s condition is critical. However, Durst sees it differently. “Both reports say the pier is in good condition,” Durst stated. “I’m not going to speak on what the Trust says.” The McLaren report, Durst added, “shows that the pier, one, is not in any immediate danger of collapsing, and if you just wanted to keep it as it is, you could spend several million dollars over the next 10 years” to

A photo of a “failed epoxy repair with deteriorated pile” taken underneath Pier 40 for the recent McLaren report.

stabilize it. Referring to the underside of the pier, Durst said, “The deck is in very good condition.” In general, the pier’s concrete substructure won’t see any “significant structural degradation” for 20 to 25 years, the study found. The key, Durst said, is to start the work on the piles A.S.A.P., which would mean the difference between relatively affordable encasement versus more expensive full-scale repairs. “Right now, you could just encase the piles, and you wouldn’t have to repair them,” he said. On the other hand, if the Trust waits “seven to eight years” from now to address the piles, he said, the problems and cost will be worse. Repairs might involve reinforcing the piles with steel splints. The per-pile cost for reinforcement versus repairs is $8,500, for the former, compared to $12,750, for the latter. However, Durst’s thinking on this differs from the Trust’s current outlook. At a recent meeting of the Trust’s board of directors, Diana Taylor, the board’s chairperson, publicly declared, “If it was up to me, not one more dime goes into Pier 40. Period.” In addition, the pier’s cathodic protection system is “not effective,” the new report says. In the 1980s, all the piles were outfitted with “passive aluminum galvanic anodes” — small bars of metal which help protect the pilings from corrosion in the “splash zone,” just below the pier’s bottom. The top of the piles have lost steel at a rate of between .05 and .15 inches over the three years between the two studies. Slightly more than 1,000 piles, or close to onequarter of the total amount, were rated to be in “severe condition,” according to the new report. “If these corrosion rates continue unabated there could be areas of pile failure estimated to be within eight to 10 years,” the McLaren engineers found. “The pier structure is in satisfactory condition for the current usage, but the piles will continue to corrode unless proper protection is installed. ... Accordingly, the piles need to be protected against corrosion, and as time

passes and the condition worsens, the cost of necessary repairs grows geometrically, along with the severity of the corrosion.” The last time repairs were made to Pier 40’s piles was in the 1980s, when three different type of fixes were tried. Some of these repairs have since “failed,” according to McLaren, such as epoxy sheaths peeling off. Currently, the Trust is working on fixing the pier’s deteriorated roof, but hasn’t signaled that it would start fixing the piles in the immediate future. Wils has previously said that the Trust’s hope is to have some sort of plan for Pier 40 in place within the next five years or so, a plan that would take into account the pier’s longterm repair. In the meantime, Wils has said, the pier will be in “liquidation mode,” with sections of it closed off as needed due to dangerous conditions owing to the pier’s decay, mainly referring to the roof. According to Durst, the Trust has repaired about one-third of the pier’s rooftop. “I think they should have done it years ago,” he said. Earlier this year, Wils and Kurtz reported that it would take from $26 million to $30 million to fully repair the pier’s entire roof. Durst hasn’t done a cost analysis of the roof repairs, noting, “The roof’s going to cost what it’s going to cost.” Beyond the additional expense incurred by waiting to start the pile repairs versus beginning them now, the Trust and Durst differ on the so-called “soft costs” for the pile work, such as costs for architects and engineers. “They have greater add-ons than we would include,” Durst said. According to Durst, while the Trust says soft costs for the pile work would be 27 percent of the price tag, for Durst, it would only be less than half of that, or 10 to 12 percent. There is a discrepancy, too, on the actual number of piles. While Wils gave it as 3,700 earlier this year, Halcrow’s report said there are 3,463 — with 3,328 piles under the main structure and 135 under the fingerpier extension at Pier 40’s southwest corner. Despite Durst’s assessment, the Trust is sticking to its cost analysis for Pier 40’s repair. In a statement, Wils said, “Anyone who has spent any time at Pier 40 knows that it is in desperate need of repair — and the fact is that our current revenues don’t come close to being able to fix the pier. The Trust is confident in its estimates, which are based on similar work performed on piers around New York City. We are currently working with the Durst Organization to go through the details of our estimates.” Asked his thoughts on the up to $50 million cost differential between Durst and the Trust for the pier’s piles repairs, David Gruber, C.B. 2 chairperson, said he couldn’t really comment at this point because he hasn’t seen a presentation of either Durst’s alternative Pier 40 plan or the McLaren piles study. Gruber had planned a major forum on Pier 40 and Hudson River Park for Monday evening Oct. 29, at which Durst was going to present his proposal. But, of course, that was the same day Sandy hit town, forcing the forum’s postponement. After Sandy, it turned out that a special session of the state Legislature would not be happening this month, and thus a potential vote on changing the park’s legislation wouldn’t be a possibility until March. As a result, Gruber decided to reschedule the forum for sometime after the holidays. “They’re talking to me about doing a presentation [for me],” he said. “I can’t comment on it [yet].” However, speaking generally, Gruber added, “I’m sure he did a lot of due diligence. Durst is a legitimate real estate guy. I’m sure he wouldn’t say anything without a legitimate basis to it.”


December 13 - 19, 2012

29

SUPPLEMENTAL SUMMONS - Index No.: 77536 Date of Filing: October 19, 2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Cattaraugus BANK OF AMERICA, N.A, Plaintiff, -againstUNKNOWN HEIRS, DEVISEES, DISTRIBUTEES OR SUCCESSORS IN INTEREST OF THE LATE MARY ALICE SMITH, IF THEY BE LIVING OR DEAD, THEIR SPOUSES, HEIRS, DEVISEES, DISTRIBUTEES AND SUCCESSORS IN INTEREST, ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE ARE UNKNOWN TO PLAINTIFF if living, or if either or all be dead, their wives, husbands, heirs-at-law, next of kin, distributees, executors, administrators, assignees, lienors and generally all persons having or claiming under, by or through said UNKNOWN HEIRS, DEVISEES, DISTRIBUTEES OR SUCCESSORS IN INTEREST OF THE LATE MARY ALICE SMITH, IF THEY BE LIVING OR DEAD, THEIR SPOUSES, HEIRS, DEVISEES, DISTRIBUTEES AND SUCCESSORS IN INTEREST, ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE ARE UNKNOWN TO PLAINTIFF by purchase, inheritance, lien or otherwise, of any right, title or interest in and to the premises described in the complaint herein, and the respective husbands, wives, widow or widowers of them, if any, all of whose names are unknown to plaintiff; CUBA MEMORIAL HOSPITAL INC.; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; STATE OF NEW YORK; UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE; STATE OF NEW YORK; “JOHN DOES” and “JANE DOES”, said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants.

TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to 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 (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 completion of service where service is made in any other manner, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME Among some of the other exhibit photos in the recent McLaren report on Pier 40’s piles are a “typical pile encasement,” left, and a “deteriorated anode,” right

If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action.

YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TO THE ABOVE-NAMED DEFENDANTS: The foregoing summons is served upon you by publication pursuant to an Order of the Honorable Michael L. Nenno of the Supreme Court of the State of New York, signed on August 5, 2010, and filed with supporting papers in the Office of the Clerk of the County of Cattaraugus, State of New York. The object of this action is to foreclose a mortgage upon the premises described below, executed by MARY ALICE SMITH to SEATTLE MORTGAGE COMPANY in the principal amount of $119,550.00, which mortgage was recorded in Cattaraugus County, State of New York, on June 20, 2007, in INSTRUMENT # 81782-001. The mortgage was then assigned from SEATTLE MORTGAGE COMPANY to BANK OF AMERICA, N.A. by assignment of mortgage dated November 10, 2008 and recorded November 14, 2008 in Instrument #111845-001 in the County of Cattaraugus. Said premises being known as and by 106 South 18th Street, Olean, NY 14760. Date: October 16, 2012 Batavia, New York Virginia Grapensteter, Esq. Photo by Tequila Minsky

Restaurateurs and activists at pinnacle of Friends’ pyramid

ROSICKI, ROSICKI & ASSOCIATES, P.C. Attorneys for Plaintiff Batavia Office 26 Harvester Avenue Batavia, NY 14020 | 585.815.0288 Help For Homeowners In Foreclosure

Egypt may be in turmoil, but Egyptians cleaned up — along with past and present Community Board 2 members — at this year’s LaGuardia Medallions gala. Lawrence B. Goldberg, president of the Friends of LaGuardia, second from left, posed with the medallion-toting honorees of this year’s awards dinner, from left, Marcus Andrews of Le Souk restau-

rant; Terri Cude of Community Board 2 and CAAN (Community Action Alliance on N.Y.U. 2031); state Senator-elect Brad Hoylman, the former chairperson of C.B. 2; and Sam Jacob of Le Souk. The community-conscious confab was held Dec. 5 at Le Souk, the Egyptian restaurant and hookah lounge at 510 LaGuardia Place.

New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Mortgage foreclosure is a complex process. Some people may approach you about “saving” your home. You should be extremely careful about any such promises. The State encourages you to become informed about your options in foreclosure. There are government agencies, legal aid entities and other non-profit organizations that you may contact for information about foreclosure while you are working 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 Banking Department at 1-877-BANKNYS (1-877-226-5697) or visit the Department’s website at www.banking.state.ny.us. The State does not guarantee the advice of these agencies. Vil: 11/22 - 12/13/2012


3 0 December 13 - 19, 2012

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December 13 - 19, 2012

31

Antifracking attack at hearing on Spectra pipeline Continued from page 1 Gansevoort Peninsula, on the edge of the Meatpacking District. The plaintiffs had hoped that the suit might halt the advancing Spectra pipeline, but a Dec. 18 court date was too long to wait. The pipeline is already in place. The Dec. 4 meeting was the community’s chance to hear Con Edison’s plans for its 1,500-foot-long extension of the 30-inch-diameter Spectra Pipeline from the Gansevoort St. “vault” that terminates Spectra’s construction, up 10th Av. to Con Ed’s W. 15th St. distribution center, and from there, into the utility’s network of narrower pipelines. In the standing-roomonly crowd of more than 100 people, many were distressed to learn that no environmental impact statement, or E.I.S., was legally required for the Con Ed pipeline extension that will start in April 2013. Robert Ely, chairperson of the C.B. 2 committee, moderated the meeting as attendees listened to the powerpoint presentation by Ed Gonzales, Spectra’s project director, and Anthony Leto, Con Edison’s section manager in gas engineering, while awaiting the Q&A portion of the evening. The “Project Benefits” section of the powerpoint offered a bulleted list that included: “Improves air quality,” “Environmental and health benefits of replacing dirtier fuels with natural gas,” which elicited sarcastic laughter from the audience. Questions about the larger environmental issues surrounding the Spectra pipeline and hydraulically fractured, a.k.a. “hydrofracked,” natural gas soon overtook the stated purpose of the meeting. Ann Warner Arlen, former C.B. 2 Environment Committee chairperson, recalling Superstorm Sandy, asked what the plans are for dealing with even higher storm surges. “How can you protect your equipment from saltwater surge? How can you say this will be O.K.?,” she asked. She also made reference to the 2010 San Bruno, California, natural gas pipeline explosion that killed eight people and destroyed 38 homes. Leto spoke of battery backups and remotely operated valves and phone monitoring, and assured that the operations were all hydraulic, inspected regularly by Con Ed employees, and that faulty material had been used in the San Bruno pipeline. Arlen expressed concern that there would be lack of oversight by an outside agency. Little notice had been given to Greenwich Village residents when the first community meeting about the Spectra pipeline was held in August 2010 — a time of the year when many people are out of town. However, since then, Villagers had clearly educated themselves about hydrofracking, natural gas, radon issues and much more. It was an informed group. “Do you have a plan if the pipeline explodes under the Hudson?” one man in the audience asked. Gonzales said company personnel would respond from New Jersey and that there would be a staff in place in New York, but the questioner said that his question was not being answered. Ely advised him to e-mail the committee.

Photos by Tequila Minsky

Fracking opponents protested the new Spectra pipeline on Gansevoort Peninsula, in the background, on Sat., Dec. 1.

There were many raised hands for many probing questions. People were well aware that hydrofracking and the toxic waste it creates are considered so hazardous to health that the process has already been banned in France, Switzerland and Bulgaria. In addition, the U.K. suspended fracking in summer 2011 and has yet to rescind that suspension. The state of

Vermont banned fracking. In Colorado the city of Longmont banned it, and Boulder County is soon to vote on the issue. The most passionate discussion arose when the issue of radon — a tasteless, odorless, colorless gas that is naturally created during the radioactive decay of minerals in hydrofracked natural gas — was introduced by Mav

Moorhead of NYH2O.org. Inhalation of radon is the leading cause of lung cancer among nonsmokers, and the second leading cause among smokers. “What process have you implemented for handling radon?” she asked. Patrick Hester, associate general counsel for Spectra Energy, stepped forward and said that Spectra’s and the U.S. Geological Survey’s studies showed safe levels of radon in tested hydrofrack wells. He suggested that Moorhead go to the section (which he cited) of the Federal Energy Regulatory Commission’s 1,500-page E.I.S. that addresses radon safety issues. (There are four paragraphs on this issue in the 1,500 pages.) Moorhead responded to Hester, “To take safe wells and base studies on safe wells doesn’t present a solution to this issue. No one in this room, including yourself, has any answer. A study of low-producing wells has no consequence. Every kitchen, hotel, restaurant, every single person is at risk. I’d like you to go back and address that. How often will you test for radon-222 coming into New York City? We’re the closest-end users.” Applause erupted. This reporter asked Spectra’s Gonzales whether gas storage tanks could be constructed to initially hold the natural gas, which would otherwise arrive in less than a day from Marcellus shale locations. Radon’s radioactivity has a half-life of 3.8 days and delaying its delivery would allow the radon time to shed radioactivity. But Gonzales was not given a chance to respond. “What about the people who live near the storage? We don’t want that,” said Clare Donohue, a founder of Sane Energy Project. Another woman indignantly asked this reporter, “Are you for the frackers?” The presentation of construction procedures and safety mechanisms by Spectra Energy and Con Ed was secondary to the primary fact that the residents considered the hydrofracked natural gas, and the pipeline that is bringing it to the West Village, to be dangerous to their health and their neighborhood. Another point raised was that the pipeline could be a target for terrorists. Also, Gansevoort Peninsula, which the pipeline runs across, is where the Fire Department’s Marine 1 fireboat is berthed. As one Villager, who later requested to remain anonymous, pointed out, if there were an attack or an explosion of the pipeline, the fireboat’s rescue team, which happens to be stationed in the same place, would probably be decimated too. Gonzales said that the Fire Department had been consulted in the early stages and had no problem with the pipeline’s location. Representatives of City Council Speaker Christine Quinn, Borough President Scott Stringer, Assemblywoman Deborah Glick, and state Senator Tom Duane attended. Ely, whose C.B. 2 committee members convened after the meeting to draft a resolution, called the long meeting to a close amid loud protests from people who still had questions. The Spectra Energy and Con Edison representatives quickly headed for the exits, leaving no chance to be questioned further.


3 2 December 13 - 19, 2012


The Villager, week of Dec. 13, 2012