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PRESORTED STANDARD PERMIT #3036 WHITE PLAINS NY

Vol. IV NO XLXXXI

Westchester’s Most Influential Weekly

Thursday, Deember 16, 2010

The Hezitorial by Hezi Aris, pg. 2; Current Commentary by Larry M.Elkin, pg. 6; Government by Nancy King, pg. 8; Mayor Marvin’s Column by Mary C. Marvin, pg. 9; Ed Koch Movie Reviews, pg. 10; New York Civic by Henry J. Stern, pg. 11; Weir Only Human by Bob Weir, pg. 11; Shifting Gears by Roger Witherspoon, pg. 14; Show Prep by Bob Marrone, pg. 15; The Spoof by Gail Farrelly, pg. 15; Sports by Albert Caamano, pg. 15; Technology by Bary Alyssa Johnson, pg. 16; Travel by Barbara Barton Sloane, pg. 17; and Truth and Justice by Jeff Deskovic, Page 18.

www.westchesterguardian.com


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The Westchester Guardian

Of Significance Hezitorial......................................................................................2 Eye On Theatre............................................................................3 Court.............................................................................................5 Current Commentary..................................................................6 Economic Development..............................................................7 Government.................................................................................8 Letters...........................................................................................9 Movie Reviews...........................................................................10 OpEd..........................................................................................11 Politics.........................................................................................12 Shifting Gears............................................................................14 Show Prep...................................................................................15 Spoof...........................................................................................15 Sports..........................................................................................15 Travel..........................................................................................17 Truth and Justice........................................................................18 Legal Notices..............................................................................19

Westchester’s Most Influential Weekly

Guardian News Corp. P.O. Box 8 New Rochelle, New York 10801 Sam Zherka , Publisher & President publisher@westchesterguardian.com Hezi Aris, Editor-in-Chief & Vice President whyteditor@gmail.com Advertising: (914) 632-2540 News and Photos: (914) 632-2540 Fax: (914) 633-0806 Published online every Monday Print edition distributed Tuesday, Wednesday & Thursday Graphic Design: Watterson Studios, Inc. www.wattersonstudios.com

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THURSDAY, DECEMBER 16, 2010

The Hezitorial, By Hezi Aris

That Which Was Said Has Been Intolerable By Hezi Aris

In Sophocles’ play Antigone, a sentry reports the burial of Polyneices to King Creon. The sentry acknowledges that no one loves the bearer of bad news, but is unprepared for the strength of Creon’s reaction. “What you say is intolerable,” the king expostulates. He threatens the sentry with hanging. 2,500 years later we continue to attack those who dare tell us things we find intolerable. Yonkers Mayor Phil Amicone smarts upon hearing that he is responsible for the rudderless, meandering management style that has brought a proud city too close to the shoals of danger from which he is now incapable to avoid. The coffers are empty because he has blundered while attempting to learn the job on the job. His hubris was exacted upon those that have stood in his way. No one was responsible for corrupting him. He alone is responsible for his failures. Yet he will not look in the mirror fearing he may learn the truth about himself. It is so much easier to point his finger toward others to deflect attention from issues of grave pertinence to the city we love. Mayor Amicone has become the poster child of opportunity squandered. His failings will be bequeathed upon a populace he chose to dismiss and shun. He strayed from treating the voter with respect and moved toward disrespecting their perspectives. Yonkers, the soon to be designated third largest city in New York State has been able to maintain its provincial, small town feel. The neighborliness and familiarity among Yonkers’ populace has maintained its close knit fabric through growing financial and political adversity for decades. Rather than responding with forethought and vision to Yonkers issues and concerns, Mayor Amicone’s administration has chosen to demonize the people who elected him into office. When he issued a statement that asserted Yonkers was the second safest city of cities of like populations, The Wall Street Journal’s research found his assertion a fabrication since they validated Yonkers placement relegated to the 131st position. Were Yonkersites told we were at the 131st position, there would be no uproar. Yonkersites CAN handle the truth! Still lies continue to emanate from Yonkers City Hall. Yonkersites never voted for another set of parents, had we, they would not be as dysfunctional as is Mayor Amicone’s administration.

Mayor Amicone’s directives are an agglomeration of failure. When he incorporated eminent domain statutes to seize a plot of land on Saw Mill River Road which were eventually converted to a failed parking lot, and worse still a legal suit lost by the City of Yonkers (CoY), the messenger of the telling of the circumstances was called at fault for mentioning Mayor Amicone presiding over the entire scenario unraveling under his watch. The Yonkers Board of Education Board of Trustees, each appointed by Mayor Amicone, have been permitted to sue CoY with the alleged endorsement of Mayor Amicone. The funds used by the YBoE are taxpayer funds initially allocated for educating students have been squandered and have not been repaid to the YBoE. Friends get jobs, those that fall into disfavor are kicked to the curb. Inspector General Dan Schorr continues to kiss Mayor Amicone’s derierre rather than to confine himself to the tenets set for him by the law and the jurisdiction of his office. Another appointed official corrupted at Mayor Amicone’s whim. The taxpayer funds Mr Schorr earns makes it easy for him to fall asleep at night.When Inspector General Schorr was outed by this publication, Mayor Amicone became belligerent in his response for being found out. When the Father Pat Carroll Greene housing development was found to have used taxpayer money to fabricate a development less that that marketed, Mayor Amicone was disgusted by the populace he claims to have helped but who in reality were duped into purchasing a product less than that advertised. Defined, designed, and built under his watch, the lawsuit to which Mayor Amicone must respond, exposes his arrogance. He simply hates the messenger of truth. Our publication came before WikiLeaks came on the scene. We have conducted our efforts within the parameters defined by a moral compass as opposed to the backroom deals to which Mayor Amicone has been privy, and whose power as strong mayor of the Mayor of Yonkers have been exacted despite public sentiment to the contrary. We’ve thrown the facts before him. He chose to trash them. It would have been easier to deal with each Continued on page 3


The Westchester Guardian

HEZITORIAL

That Which Was Said Has Been Intolerable Continued from page 2 issue as it came to light. Mayor Amicone chose not to contend with anything that may have been construed as derogatory to his administration. The WikiLeaks episode has exposed disgust of those dismissed by an all powerful, power elite who dismiss The People despite the U.S. Constitution affording The People “inalienable rights.” Yonkers has alluded to George Orwell’s 1984 concepts becoming part of our reality. There are no longer “free”

men and women within Yonkers border. There are only those with power and those without. I am pessimistic about a good outcome. Yonkersites have been weaned on a city notorious for telling its public the news its leaders wanted to tell - and for the contempt with which the public treated such news. Yonkers Mayor Amicone should be the last leader to threaten to hang the honest messenger.

EYE ON THEATRE

Rosmersholm, Haunted, and That Time of the Year By John Simon

Rosmersholm

Johannes Rosmer, from an ancient aristocratic family at the titular Rosmersholm (House of Rosmer), has innocently fallen for Rebecca West, the radical firebrand his wife, Beate, has picked for housekeeper. It now seems that Rebecca may have, consciously or not, driven Beate to suicide by drowning. Norway has recently turned from a conservative monarchy to a liberal democracy, and the two parties are at each other’s throats. Rosmer has somehow lost his faith and resigned his ministry, but without the cloth he is of no use either to his brother-in-law, the headmaster Dr.

Kroll, leader of the ultraconservatives, or to the shady, opportunistic newspaper editor, the unprincipled liberal Mortensgaard. Ibsen balances two guilt feelings oppressing Rosmer. Was his pure affection for Rebecca, widely mistaken for adultery, still somehow his fault? Is his loss of faith and withdrawal from politics also a moral failure? Ibsen himself, a recent convert already disgusted by the liberals, is in many ways the Rosmer who proclaims, “Nobody survives long without peace of mind.” But is there salvation in political engagement? “A slogan for every base thought—that is the key for success in politics.” When Rosmer and Rebecca finally acknowledge their love, it is what dooms them. Elinor Redfield has staged Rosmersholm effectively. Most of it is political or moral debate in the parlor, but to prevent it from becoming mere talking heads, she has her characters in constant motion, literally embodying conflict in movement, posture, and occasional frozen stasis, along with powerful changes of tempo and dynamics. Bradford Cover is a large, foursquare Rosmer, which makes his headstrongness believable; but he also lets protrude Continued on page 4

THURSDAY, DECEMBER 16, 2010

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The Westchester Guardian

THURSDAY, DECEMBER 16, 2010

EYE ON THEATRE THURSDAY, APRIL 8, 2010 Rosmersholm, Haunted, and That Time of the Year Continued from page 3 a sensitive soul crushed by overwhelming guilt feelings, whether or not deserved. He gives good despair. Rebecca West, who became a symbol of and inspiration to feminism—an eminent British writer assumed Rebecca West as her pen name—is vividly portrayed by Margot White, who, even banking her fire, conveys the arduous selfcontrol in tormented facial play. But her eruptions, when they come, are volcanic and her very love is lava. Austin Pendleton is a both dignified and demonic Dr. Kroll—I only wish his affluence were not restricted to a single costume over several days. He wields his rhetoric as forcefully as he brandishes his silver-tipped cane, and is unsettling even in his silences. Dominic Cuskern’s Mortengaard aptly balances a slick façade with inner sleaze, and Dan Daily’s Brendel is indeed a former philosopher gone to fat and rags through drink and dissoluteness. As the superstitious housekeeper Mrs. Helseth, who mutters about mythical white horses portending doom, Robin Leslie Brown rounds out a fine

ensemble cast. Henry Feiner’s set and Niki Hernandez-Adams’s costumes are modestly satisfactory, though an abstract wash in the background does not quite suggest the cold outside, even if adroitly lighted by Stephen Petrilli. Mike Poulton’s persuasive adaptation does not mitigate Ibsen’s gloom and doom, but instead of alienating the play cannily suck us in. I still get pleasurable shivers thinking back on it.

Haunted

Manchester England’s Royal Exchange Theatre, in association with Karl Sydow, presents Haunted, a play by the distinguished Irish fictionist and playwright Edna O’Brien. The characters are Jack Berry, an elderly unemployed gardening expert and scion of the haute bourgeoisie; his wife, Gladys, a factory worker of blue-collar heritage, their sole support; and Hazel, a young elocution teacher who chances upon Mr. Berry in pursuit of a garment his wife may have for sale, as she tends to get rid of her used clothing.

Out of this there emerges a case of platonic adultery, as Mr. Berry and Hazel get warmly but nonsexually involved, what with his pretending that his wife is dead and selling some of her clothes on the sly, so as to support unneeded elocution lessons from Hazel. When Gladys discovers the two together, hell breaks loose.

I usually question characters speaking directly to the audience, but when Mr. Berry acts as narrator, Ms. O’Brien has given him such arresting words, and the charismatic Niall Buggy takes us into his confidence so expertly in a high aristocratic accent, that the device works wonders. Conversely, the renowned Brenda Blethyn (you’ve seen her in sundry films) affects a rollickingly lower-class accent to go with her cozily roly-poly figure in a performance bursting with puppy love until it switches to wonderfully stinging acrimony. As Hazel, the appealing Beth Cooke speaks with an elocutionist’s crispness without any class characteristics, and gives a charmingly naïve performance that makes you root for her and Quincy (as Jack likes to be called) Berry. Constrictions of the small stage limit the carousel scene to a long-visible suspended hobbyhorse making a brief descent, but nothing else is shortchanged in a satisfyingly taut, steadily involving theatrical experience.

Mission Statement

The Westchester Guardian is a weekly newspaper devoted to the unbiased reporting of events and developments that are newsworthy and significant to readers living in, and/or employed in, Westchester County. The Guardian will strive to report fairly, and objectively, reliable information without favor or compromise. Our first duty will be to the PEOPLE’S RIGHT TO KNOW, by the exposure of truth, without fear or hesitation, no matter where the pursuit may lead, in the finest tradition of FREEDOM OF THE PRESS. The Guardian will cover news and events relevant to residents and businesses all over Westchester County. As a weekly, rather than focusing on the immediacy of delivery more associated with daily journals, we will instead seek to provide the broader, more comprehensive, chronological step-by-step accounting of events, enlightened with analysis, where appropriate. From amongst journalism’s classic key-words: who, what, when, where, why, and how, the why and how will drive our pursuit. We will use our more abundant time, and our resources, to get past the initial ‘spin’ and ‘damage control’ often characteristic of immediate news releases, to reach the very heart of the matter: the truth. We will take our readers to a point of understanding and insight which cannot be obtained elsewhere. To succeed, we must recognize from the outset that bigger is not necessarily better. And, furthermore, we will acknowledge that we cannot be all things to all readers. We must carefully balance the presentation of relevant, hard-hitting, Westchester news and commentary, with features and columns useful in daily living and employment in, and around, the county. We must stay trim and flexible if we are to succeed.

That Time of Year

It is a well-written play that manages to infuse a less than original story with vibrant new life. O’Brien writes more or less realistically, but with some fetchingly idiosyncratic turns of phrase that inject poetry into the proceedings, as does Braham Murray’s somewhat stylized staging.

The White Plains Performing Arts Center is offering That Time of the Year, a Christmas and Hanukkah show with concept and lyrics by Laurence Holzman and Felicia Needleman, and music by Sanford Marc Cohen, Nicholas Levin, Donald Oliver, Kyle Rosen, Brad Ross, Mark Wherry and Wendy Wilf. It is a user-friendly, unassuming show with likable songs suitable for the entire happy family and dedicatedly performed by five young enthusiasts: Zachary Clause, Leslie Henstock, Emily Jenda, Ryan Malyar and Hanley Smith. Not intended to set the world on fire, it nevertheless warms the heart with apt Continued on page 5


THURSDAY, DECEMBER 16, 2010

The Westchester Guardian

EYE ON THEATRE

COURT

Rosmersholm, Haunted, and That Time of the Year Continued from page 4 music direction by Darren R. Cohen on piano, ably assisted by Jerry DeVore on bass and Chris Pagano on percussion, and spunky stage direction and choreography by Annette Jolles. It augurs well for the theater and its enterprising management. The Pearl Theatre Company at City Center--Rosmersholm Tickets: (212) 581-1212, or online: www. nycitycenter.org. Royal Exchange Theatre at 59E59th--The Haunted Tickets: (212) 279 4200 or online www.59E59.org

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Local Youth Court Sworn In By Assemblyman-elect Katz

John Simon has written for over 50 years on theatre, film, literature, music and fine arts for the Hudson Review, New Leader, New Criterion, National Review, New York Magazine, Opera News, Weekly Standard, Broadway.com and Bloomberg News. He reviews books for the New York Times Book Review and Washington Post. He has written profiles for Vogue, Town and Country, Departures and Connoisseur and produced 17 books of collected writings. Mr. Simon holds a PhD from Harvard University in Comparative Literature and has taught at MIT, Harvard University, Bard College and Marymount Manhattan College. To learn more, visit the JohnSimon-Uncensored.com website.

White Plains Performing Arts Center—That Time of the Year Tickets: (877) 548-3237 or online www.wwppac.com.

Carmel, NY -- Wednesday night, december 8, 2010, at the historic Putnam County Courthouse, Assemblyman-elect Dr. Steve Katz administered the Oath of Office for the new class of youth officers in the Putnam County Youth Court. More than three dozen high school students graduated from the juvenile justice program. “The Putnam County Youth Court program plays a vital role in deducing the rate of youth crime by giving both volunteers and offenders alike a real responsibility with bona fide consequences. I am very proud of the work the youth court has done and of each of the new officers graduating here tonight,” said the assemblyman-elect. The Putnam County Youth Court is one of 100 youth court systems in the state and part of the Association of New York State Youth Courts, one of just 19 youth court associations in the nation.

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THURSDAY, DECEMBER 16, 2010

The Westchester Guardian

CURRENT COMMENTARY

ABy Day to Reflect on Human Rights Larry M. Elkin China’s rulers miscalculated badly when they prevented Liu Xiaobo’s family from collecting today’s Nobel Peace Prize on his behalf. The country’s Communist Party chiefs have tried to diminish the event by organizing a boycott and keeping every Chinese intellectual they can round up from attending. But, in place of a one-off ceremony that might quickly be forgotten – does anybody pay attention to Barack Obama’s Nobel Peace Prize anymore? – all of China’s bluster and bullying has made this year’s award one that will be long remembered. You can watch the ceremonies, beginning at 1 p.m. Oslo time (7 a.m. on the U.S. East Coast) at this link, as long as you are not in China or another country that similarly restricts internet transmissions. Liu now joins such notable Peace Prize winners as Dr. Martin Luther King, Jr., Nelson Mandela and Aung Sang Suu Kyi

as recipients who have become enduring symbols of struggle and sacrifice in the interest of freedom. Liu is the principal author of Charter 08, a call for multi-party democracy and respect for the rights guaranteed to Chinese citizens by their country’s constitution. More than 300 Chinese intellectuals defied their government by signing the charter, which invoked the Universal Declaration of Human Rights that the United Nations General Assembly adopted 62 years ago today. China’s ruling class responded to the challenge a year ago by convicting Liu of “inciting subversion of state power.” He was sentenced to 11 years in prison. China tried to intimidate the Nobel committee against giving Liu the prize. Having failed at that, it has dismissed the committee as “clowns,” subjected Liu’s wife to house arrest – though she has not been charged with a crime, let alone convicted – and prevented more than 100 invited

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Chinese from leaving the country for the ceremony. Only one of Liu’s countrymen, who happened to be outside China when the award was announced, is expected to make it to today’s event. Diplomats from 19 countries also had more pressing engagements elsewhere and found it impossibly inconvenient to send anyone to the awards ceremony. Most of these countries have human rights records that rival China’s. These include Russia, Cuba, Iran and the former Soviet republic of Kazakhstan. Saudi Arabia, also not represented, represses women and anyone who does not subscribe to its dominant strain of Sunni Islam. Egypt has just finished its own tainted elections. Venezuela, though not yet totalitarian under the government of Hugo Chavez, travels in these same autocratic circles. But some of the absentees are a disconcerting surprise. The Philippines, which shrugged off its own authoritarian rule not long ago, will be unrepresented. So will Colombia, a thriving emerging democracy that has put revolutionary terror on the run, and Pakistan, our sometimes-ally against violent fundamentalism. All these countries may be responding to China’s application of commercial pressure. But more than 40 nations have defied the Chinese by sending delegations today. Among them is Norway, against which China has already retaliated for hosting the award. The furor over the Nobel Prize has attracted renewed, and deserved, attention to the Universal Declaration of Human Rights. It was a remarkably forwardlooking document when it was written, and even more remarkably was adopted on a 48-0 vote just as the Cold War was hitting its stride. (There were eight abstentions, consisting of Soviet-bloc votes together with Saudi Arabia and apartheid South Africa.) Eleanor Roosevelt, who helped negotiate it for the United States, considered it her proudest accomplishment. Among its 30 articles are: that “no one shall be subjected to arbitrary arrest, detention or exile;” that all are entitled to “an independent tribunal” in criminal cases; that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment

or punishment;” and that “everyone has the right to freedom of opinion and expression: this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Few, if any, societies live up to the Declaration’s demands all the time. Some of those demands, in fact, might be debatable in practice if not in principle, such as a mandate that “everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.” But there is a moral chasm between those that aspire to live up to the Declaration’s principles and those that try to diminish or evade them. The former strive to make this world a better place for all who live here; the latter seek to gain or maintain primacy at the expense of others. The Declaration demands that we all place the rule of law before the law of the jungle. Today’s Nobel Peace Prize goes to man who seeks to move his country from one side of this ledger to the other. He deserves the world’s respect. He will get it from those who see human rights as something more than mere words on a piece of paper. The 2010 Nobel Peace Prize, and China’s shrill demands that we reject it, give all of us a chance to stand up and be counted on something that matters. Larry M. Elkin, CPA, CFP®, is president of Palisades Hudson Financial Group a fee-only financial planning firm heiadquartered in Scarsdale, NY. It offers estate planning, insurance consulting, trust planning, cross-border planning, business valuation, family office and business management, executive financial planning, and tax services. Its sister firm, Palisades Hudson Asset Management, is an independent investment advisor with about $950 million under management. Branch offices are in Atlanta and Ft. Lauderdale. Website: www.palisadeshudson.com.


The Westchester Guardian

THURSDAY, DECEMBER 16, 2010

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ECONOMIC DEVELOPMENT

Councilmember Stowe: Is All This Development Helping New Rochelle? By Peggy Godfrey

The New Rochelle City Council has for the second month been engaged in lively debate on the proposed development for 17 Locust Avenue.LLC. In October, attorney John Kirkpatrick, Esq., of Oxman, Tulis, Whyatt and Geiger, LLP, presented a proposal for a 13-floor building of up to 107 apartments asserting 300 residents would buy goods and services in the New Rochelle downtown area. Twenty percent of the apartments would be “affordable” for residents in the $30,500 to $47,000 income levels. At that meeting Councilman Albert Tarantino expressed reservations about the proposal because the heavily populated area is situated on a one-way street. Mayor Noam Bramson felt population density in the area was needed and anticipated getting answers to questions raised in the Environmental Assessment Form. Instead, the November council meeting produced another raft of council member

comments, complaints and suggestions Tarantino noted a waiver had not been on the project, including zoning changes previously granted. He then asked what requests, required parking provisions, and the purpose of this density bonus legislaother concerns. tion was. Freimuth answered it “makes an Commissioner of Development, assumption this is a dense area...already Michael Freimuth, brought up the city developed” Councilman Lou Trangucci council’s role as lead agency for the then asked if the council will be given the Environmental Review Process over 17 amount of taxes the developer will have Locust Avenue, adding several members to pay, and was answered, the figures will of the council had spoken to him about be in the DEIS (Draft Environmental the order of approvals. There were quesImpact Statement) but these are not final tions about the needed parking, land use, numbers. A discussion on the tax credits density, and the related New Rochelle for affordable housing units followed. IDA (Industrial Development Agency) Councilman Richard St. Paul then tax incentives. City Manager Chuck brought up the limited parking available Strome clarified that procedurally it is including the lack of visitor parking for this the developer who must make requests proposed development and added, “Do we for the initial approvals. Freimuth added need to change the code?” for the number that any of the needed variances, density of parking spaces provided. Strome replied JOB 9-249 bonuses, or even the parking needed “may that the last zoning revision passed by the 9.324 X 4.5787 break the deal.” ouncil considered 1:1 (one parking space GUARDIAN Councilman BarryWESTCHESTER Fertel wanted clarper apartment) sufficient. Freimuth added, ifications to the requested need for a waiver “You could ask for much more parking,” but on the density bonus when the building is then no one would build here.” He felt to not within 500 feet of a public parking lot. get at this problem, parking could be priced

differently, such as charging more for a second car. He later answered the market is not presently strong enough now. St. Paul continued, “We need to pass a law” that parking needs to be included with the rent.. Councilmember Roxie Stowe wanted to know the reason for the concentration of growth and density in New Rochelle, Yonkers and Mount Vernon. “Is this density really helping the City? “ Mayor Bramson replied this was a “big question” which cuts to the core of planning. He was assuming a higher density :in the downtown area.” He felt it will “ultimately” help the taxpayers. He asked, “Where do you want growth? adding Freimuth had said growth is inevitable and then added you can chew up open space...or concentrate where there is preexisting transit. Then he stated, “We don’t want to give approval to a bad project.” After the meeting, Elaine Waltz, president of the South End Civic League, stated.”They keep taking parking from Continued on page 8

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The Westchester Guardian

ECONOMIC DEVELOPMENT

Councilmember Stowe: Is All This Development Helping New Rochelle? Continued from page 7 the residents and there’s no place to go.” Couincilman Trangucci noted that we had two different philosophies demonstrated at this meeting. One was to create a more dense, expanding city with an increase in the number of buildings, and the other is to leave the city as it is and not increase the population and infrastructure. Peggy Godfrey is a freelance writer, a community activist, and former educator.

THURSDAY, DECEMBER 16, 2010

GOVERNMENT

A County Divided By Nancy King

Last year, voters in Westchester County elected Rob Astorino as their County Executive. Throughout his campaign, Astorino promised, if elected, that he would indeed cut those taxes and trim county government. Last month, Mr. Astorino unveiled his 2011 budget and did indeed cut those taxes albeit by only 1%. A nominal and perhaps a ceremonial cut, but a cut nonetheless. As a matter of fact, it would only reduce the average taxpayers bill by twenty dollars and you can bet that the local school districts will more than make up for that cut come May. This budget has however caused controversy and drama that Westchester hasn’t experienced in years, if ever. By all accounts, this controversy isn’t going quietly into the night anytime soon if you judge the size of the crowd who came to the Westchester County Center for the final public hearing on Thursday, December 9th.

The budget indicates a reduction of the county workforce by an additional 225 workers on top of those who took a retirement buyout this summer. It is the jobs that were cut that seems to have cause a fair amount of controversy. Labs and Research, on the grounds of the Grasslands Reservation was slated to have 20 positions cut. Worrisome cuts considering this is the branch of government that conducts DNA research for the District Attorney’s office and acts as our own CSI unit. Jobs in planning and public works are also slated to be eliminated. That is understandable, cuts have to be made but one must question as to the stability economic growth to this county if planning and public works are cut too deep. But nothing has brought more public outcry as evidenced by the night’s public hearing than the cuts to non-profits and services to the working poor. Slated to be cut were vouchers to the Section 8 housing program. According to the Board of Legislators, this program is being returned to the budget to expedite the process of securing housing for those in need. Duplication of a service? Sure, the state also dispenses those vouchers but the wait for one of them can be excruciatingly long. Day care subsidies were also slated to be cut. These cuts were met with some of the loudest opposition in the public hearing process. Any of us who have had children in day care know that it can be a family budget buster and oft times a good chunk of your paycheck goes for childcare. Nobody faults these families for being upset about the cuts but when two recipients of those subsidies appear on social networking sites on the internet with high tech cell phones and perfectly manicured nails, parents who don’t receive subsidies tend to get pretty angry, and vocal as well. Cuts to mental health programs and community based health centers have also brought forth a consistent out cry from the public. These centers serve those underinsured and the non-insured. These centers have seen their patient load increase as the recession drags on

and more people lose their jobs and their insurance. One must wonder what the waiting time to see a doctor will expand to if cutting these program’s funding results in health centers cutting their staff. The ripple effect will more than likely impact emergency rooms thus putting hospitals in financial poor health as well. The Westchester County Board of Legislators held Thursday’s large public hearing to not only listen to these concerns but to let constituents know that they have formulated their own budget and plan on restoring many of Astorino’s cuts. They will do this by borrowing against a reserve fund and promise taxpayers that there will be no increases even with the restoration of services and jobs. The biggest problem with that solution is the fact that the legislators have borrowed against the county’s “rainy day” fund. This new budget also can’t guarantee that there won’t be a tax increase the following year that will be needed in order to keep up the level of services that folks think that they can’t live without. So what now? It is believed that the County Executive will veto the County Board of Legislators new budget and they will in turn override his veto. And back to square one we will all go. Rob Astorino was elected on the promise that he would cut taxes, and reduce the size of county government. So far he’s done that though no one is sure just how much thought went into what and who got cut. As residents and taxpayers we also must be reminded that Mr. Astorino told us during his campaign that he would make cuts and that they would be painful. He also promised to bring economic development back to Westchester by making it attractive to do business in the county. Tax cuts I would imagine are very attractive to any business who calls Westchester home or plan on calling Westchester home. In the end, the Westchester County Board of Legislators (WCBoL) have voted to pass a budget that indicates a 2% decrease while sparing some jobs and services. No doubt, Astorino will veto this new budget. And so it goes. The WCBoL will lower taxes this year and more than likely hit us with an increase next year. But that’s okay, nobody in politics really listens to their constituents anyway. Maybe we just are yelling loud enough, or maybe we just like holding the title of living in the highest taxed county in America.


The Westchester Guardian

MAYOR Marvin COLUMN

Page 9

GOVERNMENT

Department of Public Works By Mary C. Marvin

When you move to Bronxville, the first Village employees one is likely to meet are our multi-skilled members of our Department of Public Works (DPW). The DPW is truly the face of the Village and the majority of the staff has been with the Village twenty plus years. The department has a staff of 19 – down from 21 just two years ago. The Department is ably led by Rocco Circosta, a civil engineer and thirty year veteran of the industry who joined the Village six and a half years ago. The work day is 7AM to 3:30PM with one fifteen minute morning break. Most of the men take vacation in summer allowing us to hire Village students to supplement the staff. With leaf season almost over after a 10 week pick-up cycle, the crews are focusing on preparation for snow removal. The Village has to be proactive and purchase salt eight months in advance to benefit from the discounts offered by participation in a State bulk purchase contract program. In a normal year, the Village uses 800 tons of salt per season with the remainder stored in the shed behind the Bronxville fire house. In the past several years, the department started using a salt brine to pre-wet the streets in anticipation of a snowstorm. The brine’s content is 23% salt and produces the shiny lines you see on our dry roads prior to a storm. Once snow begins to fall, the salt trucks are deployed, followed by the plows if the accumulation is two inches or more. The biggest problem for the Department of Public Works is the disposal of the snow after large accumulations, especially in the business district. For many years, the snow has been deposited on the Maltby Field, adjacent to the former Girl Scout Cabin. However, since we are planning to restore that area to a park setting, we need to find alternative locations for the snow. The department has been evaluating the purchase of a snow melting machine but as yet, they have not found one that meets the particular needs

THURSDAY, DECEMBER 16, 2010

of the Village. Since this machine is quite expensive, the department is weighing the options carefully. The Department of Public Works operates very efficiently especially in light of the lean staffing. However, there are many challenges going forward to keep the department efficient and environmentally progressive and cost effective. The biggest hurdle is the condition and location of the department itself. Our operation is housed in a structure built in 1942 which has never been remodeled. There is only one bay for vehicle repairs and no room for indoor storage of vehicles or machinery. Hence, the need for parking our entire fleet outdoors on Palumbo Place. The larger trucks must also be repaired outside even in sub-freezing weather. Due to the space limitations, some repairs must be outsourced at a higher cost to the Village. It is estimated that the life of some of our equipment is diminished due to the 24/7 outdoor storage. Since garbage trucks cost $180,000, this is no small item to have to replace at an accelerated rate. There is also no space for a compressed gas terminal or a charging station for electric vehicles. Both of these facilities will be required to progress to more energy efficient and environmentally friendly equipment which must be the future for the department in lieu of relying on gas and diesel powered vehicles. With energy costs ever more expensive each year, in the not too distant future, we must address the lighting throughout the Village. Many of our older streetlights use 189 watt incandescent bulbs. Not only will these bulbs be extinct in upcoming years, they are extremely energy inefficient and fragile as well. As a result, the Department of Public Works replaces on average 20 bulbs per week throughout the Village due not only to their short life span but filaments damaged by wind, rain or snow. We also need to get a better handle on the location and condition of our Village assets such as sanitary sewers, catch basins, municipal trees and power poles. The maps and data currently at Village Hall are antiquated and incomplete. The County of Westchester, as I mentioned in a previous

column, is embarking on a GIS/aerial photography program to assist municipalities in locating their infrastructure. We will need to spend the resources to customize the data for our Village. Going forward, this would allow us to be much more effective in locating problems and expediting repairs, as well as having a complete record of Village inventory. It has amazed me that the same nineteen gentlemen who pick up trash also clean the streets, maintain our parks, clean the

sewers, plow the roads, replace the street signs, repair our vehicles, plant the trees and maintain the lights. Much of the work accomplished by DPW is supported by Maryann Urrico who does double duty as secretary for both the DPW and the Village Building Department. We are so fortunate to have a veteran department of gentlemen and a lady who know and love our Village and care for it as if it were their own. Mary C. Marvin is the Mayor of the Village of Bronxville.

LETTER TO THE EDITOR The editor welcomes and shamelessly solicits your perspective. Let everyone know what is on your mind. Please submit your Letter to the Editor electronically, that is by directing email to WHYTeditor@gmail.com Please confine your writing to between 350 and 500 words. Your name, address, and telephone contact is requested for verification purpose only. A Letter to the Editor will be accepted at the editor’s discretion when space permits. A maximum of one submission per month may be accepted. Dear Editor: The news of the downfall of former State Senator Vinnie Leibell is both sad and, unfortunately, not surprising. I first voiced serious concerns about Leibell’s use of public office for personal profit while campaigning against him in 2006. Unfortunately, this type of unethical behavior from Albany politicians has been far too common for far too long. These politicians can “legally� direct taxpayer dollars - in the form of (often secret) member items - to personal, quasi-private non-profit organizations. And with little to no oversight, this has become common practice.

In fact, Leibell has directed well over $10 million of OUR money to his two non-profits for over ten years. Leibell has now admitted to using these funds illegally- but he isn’t the first to have been accused of doing so. Two recent Senate Majority Leaders, Republican Joe Bruno and Democrat Pedro Espada, have faced legal inquiries concerning similar use of such organizations. To prevent such illegal activities and safeguard the public’s purse, there is only Continued on page 10

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Page 10

The Westchester Guardian

LETTERS TO THE EDITOR Continued from page 9 one way to truly protect ourselves in the future: demand that Albany politicians permanently ban the existence of these organizations. They are simply too tempting, too easy to hide behind and too often, they are abused as taxpayer-funded personal piggy banks for politicians. If our newly elected government in Albany is serious about representing our interests above their own, they need to show it by swiftly passing a bill that does just that. And in Leibell’s case, appropriate measures must be taken on behalf of the taxpayers. The authorities must take over both of Leibell’s not-for-profit organizations; the Putnam Community Foundation and the Hudson Valley trust. They must also immediately return all the money to the taxpayers and establish a receivership for the property owned by the trusts. This is only the first step on the road back to legal and ethical behavior, but it’s an important first step. Michael B. Kaplowitz, J.D., CFP Westchester County Legislator Dear Editor: I am writing to express the tea party support for the Westchester County budget for 2011 that has been put forth

MOVIE REVIEWS by County Executive Rob Astorino. He campaigned on a pledge of lowering taxes and reducing county government and won with overwhelming support from We the People. He is merely following through on his promises and implementing the will of the people by cutting the county budget by $33 million and reducing our property taxes by 1%. It’s a start at least and there is a long way to go to cut taxes and government. He has protected the neediest and preserved essential services, including bus service, while giving tax relief and promoting long-term financial health. We have the dubious honor of being the highest taxed county in America. More than 2 million people have fled the state because they can no longer afford to live here. That leaves even less of a revenue base upon which we can draw. Seniors are literally being forced out of their homes due to the insane property taxes. Small businesses provide 80% of the revenue needed to run the state and the county. Businesses are being forced out of the state and county due to onerous property taxes and now another tax, the MTA payroll tax. I’m calling on the Westchester County Legislators to approve this budget. I’m calling on you to call them and let them know you support it. See http://tinyurl. com/38sxdpg or the budget at http:// tinyurl.com/3ys9obh.

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THURSDAY, DECEMBER 16, 2010

T. 914.948.0044 F. 914.686.4873

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Ed Koch Movie Reviews By Edward I. Koch

Movie Review: “Burlesque” (+)

An enjoyable and entertaining film but, regrettably, not as good as it could have been considering the talented cast. For me Cher can do no wrong. She is an extraordinarily talented woman: she can sing, dance and act, and she is a wonderful comedienne. She was sensational in “Mask” and “Moonstruck.” Regrettably, there is far too little for her character to do in this picture. The setting is a burlesque club in LA owned by Tess (Cher) which provides great entertainment. Beautiful, lusty women dance and lip synch. Sean (Stanley Tucci), also a superb talent, is a gay man in love with Tess. Ali (Christina Aguilera) is a young dancer escaping from Iowa to LA looking to sing and dance her way to stardom. A club bartender, Jack (Cam Gigandet), looks like Brad Pitt of 20 years ago. Sans the dancing and singing and the Weimar Republic environment of the cabaret, the plot, as it moves to the end, becomes a soap opera: Will the mortgage be paid? It all becomes ridiculous, but it is entertaining, and that’s what counts.

Movie Review: “Black Swan” (-)

The reviews of this film were excellent with Manohla Dargis of The New York Times writing: “A witchy brew of madness and cunning, Black Swan tells the story of a ballerina who aches, with battered feet and an increasingly crowded head, to break out of the corps. Played by Natalie Portman in a smashing, bruising, wholly committed performance, the young dancer, Nina, looks more like a child than a woman, her flesh as undernourished as her mind.” You may enjoy the movie, but I was disappointed. It intended to unite the ballet with a Freudian or Havelock Ellis spin that would satisfy the audiences’ expectation of great art and its carnal desires. Neither worked, at least not for me. The story involves Nina (Natalie Portman), a young dancer in a ballet company at Lincoln Center who may be selected as its next star by the director, Thomas (Vincent Cassel). Thomas uses the power inherent in a director’s couch to take advantage of the beautiful women in the troupe. As the film progresses we meet Nina’s mother, Erica (Barbara Hershey), and a number of other deeply disturbed personalities. While shocking, their stories did not create an extraordinary interest for me, not even the surprising revelation of Nina’s psychological condition which caused her to engage in self-mutilation. Continued on page 11


The Westchester Guardian

THURSDAY, DECEMBER 16, 2010

Page 11

NEW YORK CIVIC

Lie ahead for Years to Come, A SeaByofHenry DebtJ. Stern Clouds But We Knew As the holidays approach, people are speaking broadly about the past year and what lies ahead for 2011. There is a sense of wariness, if not pessimism, which colors our views of the future, at least as far as public issues are concerned. Individuals’ personal outlooks vary widely, depending first on their own physical and mental health, then on personal economic issues, the most important being: are you employed, are you earning enough to support yourself and your family, and what is the likelihood of your remaining employed, or at least, marketable? In other years, issues of job satisfaction were more on people’s minds, like am I doing what I really want to do? In these times, the focus is more on the availability of employment than the level of fulfillment it may provide. The statistic of 9.8% employment is somewhat of an underestimate of the state of the economy. It does not count the underemployed, or the people who have given up looking for jobs and dropped out of the labor market. Unemployment

MOVIE REVIEWS Continued from page 10 I hope I will not be thought of as a coarse Philistine for not praising this film. I confess that I am not a devotee of the ballet; indeed, I have attended only a few performances. I once appeared on stage reading the narration of “Peter and the Wolf ” which I enjoyed a lot, and I also loved the move “The Red Shoes.” I would have preferred if “Black Swan” had included more dancing or more Freud, but there wasn’t enough of either to engulf the senses. Check out videos of these and other reviews on my website, Mayor at the Movies website. And don’t forget to follow me on Twitter! Let him know your thoughts by directing email to eikoch@bryancave.com. The Honorable Edward Irving Koch served New York City as its 105th Mayor from 1978 to 1989.

remains high when the stock market and corporate profits are rising, so it is not as if a shrinking economy is to blame. It seems that America needs fewer workers than it used to, and that much of the unemployment is becoming structural, and therefore less likely to be cured when economic conditions improve. Another concern of individuals is reflected in their belief that conditions will be more difficult for their children to deal with than they were for the parents. Upward social and economic mobility has been taken for granted in America for generations, particularly in immigrant communities. For the first time, many people are uncertain that the next generation will be able to get into the schools they did, or hold the jobs they have, or buy homes equivalent to those in which they live. This pressure is particularly acute on the middle class, or people who have good jobs in manufacturing, or on the lower levels of middle management. NAFTA and robotics may add to premonitory feelings of anxiety. We don’t think too much about issues like how the next generation, or the ones after that, will pay off the ever-increasing national debt, or pay the interest that

accrues annually on the $13.56 trillion public debt of the Federal government (as of 9/30/10). As we write, the real time estimate of the US debt clock is $13 trillion 827 billion 777 million (rising at several million dollars a minute). Click here to see what the debt clock indicates at the moment you view this link. We should also think of the balance of payments between imports and exports, under which the United States for years has paid more for the goods it imports than it has received from the goods it sells abroad. That is another trend that cannot continue indefinitely, yet it shows no sign of abating. In the last few days, the controversy between President Obama and the Republican leadership in Congress appears to have led to a compromise, which is the only alternative to inaction, neither side having enough votes to pass anything. However, both the Democratic and the Republican plans are supposed to be paid for by increasing the national debt. The parties differed widely as to which category of taxpayers should get relief, and the Democrats succeeded in winning a year’s extension of unemployment insurance, which seems increasingly necessary

as the recession continues, but which does not result in increasing employment. The sensible compromise, which appears to be on track, was intended to resolve those differences. However, the accommodation of the parties came at the expense of the future. If we believe that the growing debt will ever be repaid or substantially reduced, we have postponed the time when that might happen. There are many other reasons to be concerned about the future. Nuclear proliferation is the most obvious and threatening. The mental stability of some leaders of states with weapons of mass destruction is questionable. However, the leaders are not suicidal. The problem is more severe when non-state actors acquire nuclear weapons, which is probably only a matter of time, as North Korea may place parts of its arsenal on sale – in mint condition and never used. To us, these problems arise from the rapid advances in the physical sciences made in the last few centuries, rushing far ahead of the behavioral sciences. It has taken billions of years for our species to evolve into what it is now, and we cannot expect substantial change in the handful of generations that may remain before, as my mother used to say, “anything happens.” Enjoy the holidays. Rule 26-G: “Every day we live is a gift of God.” We add: “Try to earn the gift by good works.” Henry J. Stern writes as StarQuest. Direct email to him at StarQuest@NYCivic.org. Peruse Mr. Stern’s writing at New York Civic.

WEIR ONLY HUMAN

Have You Ever Been Cold? By Bob Weir

Cynthia Harding held her little girl’s hand as they headed toward the main entrance to the shopping mall. Eightyear old, Jennifer pinched the collar of her fur-lined coat to protect against the cold wind. Another girl, about her age, was standing next to the outside door alongside a woman that appeared to be her mother. They were standing beside a wicker basket and waving small bells that made jingling sounds. A sign on the basket read: A season for giving. When Cynthia entered the shopper’s paradise with her daughter, she looked around

quickly for the clothing store. The warm air was a comfortable sanctuary from the bitter nighttime chill. Spotting the store she wanted, she made a dash in that direction, guiding her daughter along by the hand. She quickly found the children’s section and began checking racks of coats by size. “Here, now this is what I’m looking for,” she said, holding up a light brown quilted garment. “This is what you need in this kind of weather. Your other coats are warm, but they’re too dressy for playing outside with your friends. Here, try it on,” she said. The little girl looked at her meekly. “Mommy,

that girl outside the store looked like she was very cold.” “Well, I guess she is,” her mother replied. “She’s probably been standing out there for hours.” “But mommy, why does she have to stand there if she’s cold?” “I don’t know honey. I suppose she’s working at a chore with her mother. C’mon, try on this coat and see how it feels,” Cynthia said, looking at her wristwatch. “I want to get back in time for us to go out to dinner with your dad.” Jennifer began unbuttoning her coat as her mother held the new coat open for her to don. “Mommy, the girl outside wasn’t wearing a warm coat. It looked like just a light jacket.” Cynthia was busy checking the tickets on the garment and paid no attention to her daughter’s comments. “Okay, Continued on page 12


Page 12

The Westchester Guardian

THURSDAY, DECEMBER 16, 2010

WEIR ONLY HUMAN

Have You Ever Been Cold? Continued from page 11 put your arm in here,” she said, helping to get the coat in place. “Well, how does that feel?” she said, taking a step back. “It’s very warm, mommy, but what about the girl outside?” “What?” Cynthia said, looking confused. “What do you mean, what about the girl outside?” “I just mean that she was shaking from the cold, and I feel bad for her.” “Sweetheart, I feel bad for her too, but there’s nothing we can do about it. I’m sure her mother will take care of her,” Cynthia said, zippering the coat and pulling the collar up around her daughter’s ears. “But mommy, how can her mother take care of her? She looked like she was freezing too.” Cynthia rolled her eyes tolerantly. “Jennifer, what do you expect

me to do? It’s none of my business. It’s getting late and I have to finish up with the Christmas shopping. Now let’s get this coat to the cashier and get back home.” A few minutes later, as they were leaving the store, Jennifer was holding her mother’s hand while looking back at the shuddering figures. They were teetering back and forth on the balls of their feet, trying to keep the circulation going in their toes. Jennifer locked eyes with the other little girl and she began to resist her mother’s urgent pull. “Honey, what’s the matter?” Cynthia said plaintively. “What are you stopping for? Let’s get to the car. It’s freezing out here.” “But, mommy; what about them? They’re freezing too.” “Jennifer!” Her mother said in a stern voice. “I’ve had enough of this. I told you

there’s nothing I can do. Now get in the car!” As the powder blue Mercedes backed out of the parking space, Jennifer pressed her nose against the passenger side window. “Mommy, if that was you and me standing in the cold, do you think that girl and her mommy would help us?” she said, beginning to sob. Her daughter’s words plucked at her heart just as the images of the woman and her child came into sight in the rearview mirror. Cynthia stared at the scene for a few seconds before slowly driving back into the parking space. Her eyes clouded over and tears glistened on her cheeks. Jennifer looked up expectantly. “Are we going to help them, mommy?” “Yes, honey, we are,” she said, wiping her daughter’s eyes with a tissue. “And, thank you, for helping me.” Bob Weir is a veteran of 20 years with the

New York Police Dept. (NYPD), ten of which were performed in plainclothes undercover assignments. During his early years with NYPD, Bob earned a Bachelor of Science degree, cum laude from New York Institute of Technology. He retired as a sergeant after supervising patrol in Midtown Manhattan, the busiest precinct in the country.He would eventually move to Flower Mound, Texas, where he began a writing career that started about 12 years ago having his first book published in 1999. Bob went on to write and publish a total of seven novels, “Murder in Black and White,” “City to Die For,” “Powers that Be,” “Ruthie’s Kids,” “Deadly to Love,” “Short Stories of Life and Death,” and “Out of Sight,” are available at Barnes & Noble, Amazon.com, Books-a-million, and other major online book sellers. He also became a syndicated columnist under the title “Weir Only Human”.

Politics

GOP Legislators Outraged by Change of the Date for Budget Vote

Assert Democratic Leadership Continues to Act Irresponsibly on Important Duty of Properly Passing a Budget White Plains, New York -Republican County Legislators criticized a troubling move by Chairman Ken Jenkins (D-Yonkers) to reschedule the vote on the County’s 2011 budget to this Friday, December 10, despite the budget vote having previously been scheduled for the entire year for Monday, December 13, 2010.

“Moving up the vote by three days without any public discussion is exactly the type of shenanigans that turn people off towards politics. The budget vote was scheduled for the past year for December 13 and several legislators had planned their business and personal schedules around that date. To change it on a whim is just plain bad government,” said

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Minority Leader Jim Maisano Minority Whip Burrows (R-New Rochelle). stated, “The Democrats are now The budget vote was still rushing the budget vote through changed even though Minority – probably trying to hide the $43 Leader Maisano and Minority million in wasteful spending they Whip Gordon A. Burrows just added. It is a slap in the face (R–Yonkers/Bronxville) put to the legislators who planned for Chairman Jenkins on notice that Minority Whip the scheduled vote on Monday Gordon A. several Republican legislators and is unfair to taxpayers. We Burrows had conflicts with a Friday vote. have worked hard to foster a Several of the Republican legisbi-partisan spirit in legislative lators had commitments at their outside matters. In fact, only Monday night in jobs this Friday, and one legislator is outa historic bi-partisan vote, term limits of-town dealing with a child who needed legislation was passed for the first time in emergency surgery. Westchester County government history. This move comes on the heels That is the right way to conduct our of another budget maneuver by the legislative business. This Friday’s budget Democratic majority. This past Monday, vote is strictly a partisan effort to manipuDecember 6, the Democratic caucus met late the budget process and bad for the behind closed doors to plan restoring taxpayers of Westchester County.” some $43 million in spending that County Legislator County Executive Rob Astorino had cut Jim Maisano in his proposed budget. These fiscally 914-636-1621 irresponsible additions were done in the jimmaisano@gmail.com private Democratic caucus and outside of JimMaisano.com the view of the public and press, as well as the Republican legislators.


The Westchester Guardian

THURSDAY, DECEMBER 16, 2010

Page 13

POLITICS

Latino Community Rallies for Support from State Governor By Bary Alyssa Johnson

New York-based Latino groups across the state have come together to create a list of recommendations to help Governor-Elect Andrew Cuomo and Lt. Governor-Elect Robert Duffy implement policies to help alleviate the current living and working conditions in the Latino community. The recommendations came in the form of a letter signed by Guillermo A. Martinez, President of the Latino Society of New York and co-signed by fifteen additional Latino group leaders. It outlines twelve steps that this group of exemplary individuals feel should be made policy under the incoming Cuomo administration. The letter was made available to the public today. “The future of New York’s Latino communities is inextricably tied to the success of your administration,” Martinez wrote in the letter. “The Latino community is anticipating systematic and structural changes that will allow the talent in our communities to participate in meaningful and important roles in your administration.” Following are just a few of the major highlights that the Latino community seeks help to implement and uphold: • “It is imperative to have Hispanics named to agencies as Commissioners, Deputy Executive Commissioners, Counsels, Government Affairs Liaisons and Department Heads.” According to Martinez, the Cuomo administration is urged to avoid the appointment of a few “token” Hispanics to commissionerships of agencies, as that has lead to minimal impact on a healthy Hispanic economy in the past. Prior Latino leaders holding these titles remained impotent in policy changes, as they didn’t have their own teams to help in managing state agencies. • “The Cuomo administration must appoint Hispanics to high-level positions on the staff of the Governor and Lt. Governors Office.” Martinez elaborates that in the past sixteen years only two high-level Latino

appointments were made to state government. Aside from that, Hispanics haven’t had the opportunity to hold significant or influential positions in New York’s executive branch of government. • “ The Cuomo administration must… require that the Office of Minority Health report directly to the Commissioner of the Department of Health and the Governor’s Deputy Secretary for Health and Human Services.” Additionally, Martinez recommends that this Office is well-funded and well-staffed to meet the needs of the community. Currently Martinez describes the role of the Office of Minority Health in the New York State Department of Health as operative in relative obscurity. • “ The Cuomo administration must move to strengthen diversity efforts at the State University of New York (SUNY) by creating the position of Vice-Chancellor for Diversity and requiring SUNY to hire an Affirmative Action Officer.” According to Martinez, SUNY is the largest system of higher education in our country without these positions being held. Additionally he warns that with only ten in one hundred Hispanics graduating college, the economic impact in terms of low wages, low tax collection and costly social services may prove a danger to New York’s long-term economic stability. • “The Cuomo administration must… assess the quality of programs funded through state allocations…of funds targeted to English Language Learners (ELL) and Limited English Proficient (LEP) students.” Martinez went on to say that our education system is simultaneously struggling and failing when it comes to teaching ELL and LEP students. He calls the educational outcomes of these failures “horrific,” with 70 percent of New York ELL students never graduating high school. • “ The Cuomo administration needs to use the resources and powers of the State Police to…investigate patterns of civil rights violations and bias-related crimes throughout New York State.”

Latino press conference leaders.

Martinez shed light on a recent federal investigation of claims that New York’s Suffolk County Police Department has violated the civil rights of Hispanic residents. He goes on to elaborate that with the current anti-immigrant situation growing worse in our state and country, it is critical that State Police are used to help address and investigate similar crimes.

Martinez holds the support of several Latino-oriented organizations who co-signed his letter to the Governor. Among them: The National Hispanic Chamber of Commerce on Health, Grand Council of Hispanic Societies in Public Service, The Greater Capital Region Minority Business Association, Hispanic Heritage Month Committee, The New York Latino Democrats and many, many more. These groups hold high hopes that Governor-Elect Cuomo and Lt. Governor-Elect Duffy act as catalysts for all of the recommendations stated in the above-referenced letter. Regarding the Latino community and call for equal rights in school, government and all other areas of living, Martinez quotes Cuban poet Jose Mart, who wrote “Like stones rolling down hills, fair ideas reach their objectives despite all obstacles and barriers. It may be possible to speed or hinder them, but impossible to stop them.” Local resident Bary Alyssa Johnson covers Larchmont, Mamaroneck, Rye, and Rye Brook, as well as the evolving world of electronics and technology.

RADIO

On the Level with Narog and Aris New Rochelle, NY -- Joan Gronowski, Yonkcers City Councilwoman representing the 3rd District is Richard Narog’s and Hezi Aris’ guest this Tuesday, December 14th, from 10 am through 11 am, on WVOX-1460 AM on your radio dial and worldwide on www. WVOX.com. The Hon. Nick Spano with be their guest on December 21st. Listeners and readers are invited to send a question to WHYTeditor@gmail.com for possible use prior to any shows’ airing and even during the course of an interview. Wednesday mornings at 8:37 am when he and Bob Marrone discuss issues on the Good Morning Westchester radio program hosted by Bob Marrone.

LETTERS TO THE EDITOR Please submit your Letter to the Editor electronically, that is by directing email to WHYTeditor@gmail.com Please confine your writing to between 350 and 500 words. Your name, address, and telephone contact is requested for verification purpose only. A Letter to the Editor will be accepted at the editor’s discretion when space permits. A maximum of one submission per month may be accepted.


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The Westchester Guardian

THURSDAY, DECEMBER 16, 2010

SHIFTING GEARS

2010 Nissan Cube: The Square Roots of Cute By Roger Witherspoon The young man was just trying to be helpful. He paused as he walked through the parking lot, pointed at the rear of the red box on wheels and said “Hey Mister. Someone has dented the back of your new car.” Well, no. It just looks that way. On purpose. Really.

then, this isn’t the ‘60s era of flower power. As a $20,000, compact SUV, Nissan has packed a lot into its rolling box. The quirky-faced Cube with the smiley face is an eye catcher with a simple, 1.8-liter, four-cylinder engine chugging under its hood and cranking out just 122 horsepower. But that’s more than enough to propel this light weight vehicle towards triple digits and a serious speeding ticket. The Cube even has traction and stability controls so it is nimble and stable at the

This is the Nissan Cube, a quirky, rolling box with nooks and crannies and personality touches that are intended to make it a lively counterpoint to the iconic rolling rectangles called the Honda Element and Toyota Scion. So the Cube is more box than rectangle. And not to be typecast, its sides undulate in odd places, there are suggested lines and angles and curves here and there and, as an option, one can even have a jaunty but perfectly useless spoiler to float at the end of the high hat of a roof. And then there is that shag carpet. No, the carpeting doesn’t go wall to wall across the floor where it would be impossible to keep clean. There is just a round dinner plate of high, tufted, twotone shag, about a foot in diameter, stuck with Velcro in the middle of the flat dashboard. It more or less serves the function of the flower holder in the VW Beetle – a little personal touch to remember the Cube by. In this case, instead of holding a floral display, the rug is a convenient to toss your keys because they won’t roll or slide across the dash and onto the floor. It’s not as sentimental as the vase but,

higher speeds. And the little engine only drinks about 30 miles per gallon. On a functional level, the decision to make this a high hat vehicle means there is more than enough room for a quartet of seven-footers – and they do not have to be contortionists for Cirque du Soleil. The seats are cloth and manually adjusted, but they are wide, thick and comfortable. The rear seats fold over, but do not form a flat line with the cargo area. It is, therefore, better at transporting tall or stackable items than large wide ones. The interior décor is both quirky and functional. In addition to the shag on the dashboard, there are ambient lights in the trio of cup holders in the center console and multi-colored elastic bands on the doors and under the dash. Theoretically, these bands can be used to hold gloves or something else light. But they are mainly for show and, along with the shag, prompt the occasional smile. For convenience, there is also a cup holder to the left of the steering wheel and a handy shelf over the glove compartment. Nissan equipped the Cube with an array of electronic gadgets. The Bluetooth

is quick and easy to set up, with the sound coming out of the six speakers and the Rockford Fosgate subwoofer. For entertainment, there is AM/FM and XM satellite radio and a single disc CD player. It also has an iPod and USB port so you can bring 1,000 or so of your own favorite tunes. These are all accessible via fingertip controls on the three-spoke, leather wrapped steering wheel. Oddly, the Cube’s entertainment and information center has a small, three-inch, sepia-toned screen for normal use. It shifts to full color clarity when the backup cameras are activated. In Nissan’s continuing play with Cubic color schemes, the three instrument gauges behind the steering wheel are red, white, and blue, with the colors flowing from one curved gauge to another. It’s hard to use the word “cute” with regards to a box with wheels. But that term inescapably fits the Cube, which seems partly engineered to provide basic, comfortable transportation, and mostly designed to produce smiles as the miles roll by. Roger Witherspoon writes “Shifting Gears” at www.RogerWitherspoon.com.

2010 Nissan Cube MSRP:

EPA Mileage:

$20,170

27 MPG City 31 MPG Highway

Performance / Safety:

1.8-Liter DOHC, 4-cylinder engine producing 122 horsepower and 127 pound/ feet of torque; front wheel drive; traction & stability controls; independent strut front suspension; torsion beam rear suspension;16-inch 8-spoke wheels; power assisted, vented disc brakes; 4-wheel anti-lock brake system; backup camera with 4-inch color display; seat-mounted, driver & front passenger side impact airbags; roof mounted curtain airbags.

Interior / Comfort:

AM/FM/ XM Satellite radio; Rockford Fosgate sound system with 6 speakers and sub woofer; Bluetooth; CD and MP3 player; USB and iPod port; leather wrapped steering wheel with fingertip cruise command, Bluetooth and audio controls; manually adjusted front seats; fold flat rear seats.


The Westchester Guardian

THURSDAY, DECEMBER 16, 2010

SHOW PREP

Page 15

tHE SPOOF

A Home Grown Face for Television By Bob Marrone

It has become sport for members of the media to give the City of Yonkers a hard time about its financial woes, crime problems or political intrigue… present company included. Generalities are not always fair, even if they make for a good story. The fact is that many good things come out of every city, and Yonkers is no exception. Indeed, exceptional people come out of Yonkers and one of them is Fox 5, News Anchor for Good Day, New York, Dick Brennan. After last week’s screed about how cynical are the worlds of power and celebrity, I got to thinking about the people I knew who were the real thing…who let their work and resultant success speak for them. Dick Brennan came to mind. Actually, I don’t have much of a choice about his coming to mind because his Fox morning TV show is one of the news outlets I monitor from 6 to 9 every morning while doing the Good Morning Westchester Show on WVOX radio. His pleasant smile and manner remind me every day that I am not the only soul who gets up in the middle of the night to go to work, and of what a genuinely decent person he is. I do envy, however, the beautiful women he works with and gets to interview while I am stuck with a coffee wreaking, shirt stained all night engineer. It’s true: Life is not fair. All the same, this man deserves any success he has. Before his promotion as anchor for a segment of the Good Day New York show on Fox 5, Dick Brennan was the stations top political reporter, who also covered other breaking news stories from just about everywhere. Indeed, he still goes into the field to cover stories. He has interviewed everyone from presidents to peanut vendors, and the thing about this guy is that he as nice to Joe or Jill six-pack as he is to Hilary Clinton. He is also fair and direct. It does not matter who it is, he is always the same. Brennan is also generous. During the historic 2008 elections he would regularly call in to my show raising the level of credibility and gravitas by multiples. The first time I had the opportunity to chat with a presidential candidate (Mike Huckabee), by myself, Dick made sure I knew where to be, when to be there and helped calm my nerves. He was not the least bit condescending. He treated me like a colleague who had been in the business 25 years instead of as an untried novice, which is what I was at the time when it came to talking with senior officials. Mr. Brennen does not know I am writing this and won’t know until it is published. He would be embarrassed and probably ask me not to do it. Isn’t it nice to know that there are people like him who have done well and moved up for all the right reasons? What’s more, you would be hard pressed to find anyone who begrudges his success. On top of that, he is a home town boy from Yonkers.

Spider-Man Is in a Web of Trouble By Gail Farrelly

He’ll have to fight his way out of this one. He’s stepped in it now, for sure. And all the webs in the world may not be able to get him out of it. Fans are disgusted that Spider-Man seems to be having so many problems with his new Broadway show. The first preview performance didn’t go well. “Not at all worthy of a superhero,” said a disappointed member of the audience. When Spidey exited the stage door at the end of the performance, he expected to see a crowd of autograph seekers. Instead he was met by a chorus of boos and jeers. And there’s more. He had been given the keys to the city, but now the mayor has demanded them back. In crowded subway cars, passengers used to fight with each other to offer him a seat. Now he gets jostled, pushed, and packed in -- just like everybody else. And he’s left standing, of course. A Times Square deli had been featuring a turkey sandwich with lots of extras called the Spidey Special. No more. They’ve changed its name to the Green Goblin Gobbler. “With the new name, the sandwich has been selling like hotcakes,” the delighted owner of the deli reports. “Spider-Man is clearly yesterday’s news.” Spidey is taking it all in stride, though, remaining in good humor and reminding his friends of what John Keats said about fame: “Make your best bow to her and bid adieu, Then, if she likes it, she will follow you.” Gail Farrelly (www.FarrellySistersOnline.com) writes mystery novels and short stories as well as  Op-Eds. She also publishes satire pieces (Gail Farrelly’s satire and parody stories) on TheSpoof.com, a British website.�� Her latest mystery novel is Creamed at Commencement:  A Graduation Mystery.  The first chapter is available on her website. Gail is working on a fourth mystery, The Virtual Heiress.

SPORTS

Women’s and Girls Hockey in New York State By Albert Caamano Yes, girls and women do play ice hockey; and at top levels all over the United States. Some men try to dismiss or ignore the opposite gender thriving on the playing field. Women have recently been inducted into both Halls of Fame; in the United States, in Minnesota, and the Hockey Hall of Fame in Canada. In 1998 the women’s Olympic team won a gold medal and many of the women on the team went on to stellar careers at top colleges in the country, I had the opportunity Joe Eppolito got started in hockey playing at the youth level in the southbound hockey league

and eventually coached the high school level at the school he had attended. While at the clinic for ice hockey he was asked by USA Hockey if he would like to teach the clinics for coaching certification. This is where his relationship with USA Hockey started . He would be Mr. What are the levels and competitions? Girls hockey at USA Hockey has age levels from 8u -19u at the youth level, 18u and 22u at the national level , Olympic team, and a women’s A, B, C level Continued on page 16


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THURSDAY, DECEMBER 16, 2010

The Westchester Guardian

SPORTS

TECHNOLOGY

Women’s and Girls Hockey in New York State Continued from page 15 USA Hockey also has state and national championships at the girls tier 1 and 2 level up to women’s at the A, B and C level In order to advance to nationals you must win the state championships, Nationals can be held anywhere in the states according to who is hosting it that year. Mr. Eppolito made one point very clear, that is, under the organizations’ rules you are required to go to the nationals if you win on the state levels, How does a player continue on to

the national level? There are evaluations tryouts every year open to the 14u, 15u and 16u level in order to select players for training camps. At the training camps, a player is evaluated for the 18u and 22u national teams and these team are at the elite level and include the top college players How do the women stay competitive if they are no longer playing in college? In order to stay competitive USA Hockey Joe continues to help grow the sport for girls and believes with hard work, training and education, he will succeed in creating many more opportunities, especially for those althetes who desire to continue to play at higher levels

What is your title, Mark DeSimone, for New York State and what are the requirements for the job? I am in charge of helping Joe Eppolito who is Head Girls and Women’s Hockey in NY State .I guide teams and individuals in the East Zone of the State, I also run the zone camps for girls that are held in March at the Westchester Skating Academy in Yonkers, When did you get started in hockey? I started at the age of 7 in New York playing roller hockey and moved on to ice hockey at the age of 12, playing in the

Metropolitan junior hockey association. When did you start to coach and when did you start coaching girls / women’s ice hockey: I started coaching around 1994 and started coaching a senior women’s team in 2000 which won the national championships in 2003. I started coaching girls youth hockey when my daughter Rachel moved from the boys teams tothe What girls or women’s teams are you coaching and give us an overview of the teams. I am coaching the Sound Shore Warriors who play out of the Ice Hutch in Pelham; they are a 19u tier 1 tournament team who travel and play tournaments in

order to get exposure to college coaches who scout for talent at these tournaments. This is where players are recruited. How does a player qualify for tryouts with a team from which they may be recruited; and at what level must a player be proficient for consideration as a player? I don’t hold tryouts, I go by recommendations and known players who need a place to play.Its a highly competitive team so I try to maintain that level when I look for a player What tournaments do you attend? Our tournaments include the Rhode Island Panthers Thanksgiving tournament; the polar bears Christmas tournament as well as the NY state championships How has girls ice hockey grown? I have seen girls and women’s ice hockey grow by a tremendous amount in the last 10 years. I believe any girl or women that wants to play at the college division 1level to the women’s recreational can find a place to play. There are plenty of opportunities that have opened up.Overall, the most important thing is to have fun and enjoy the process. Its what brings the found memories of the sport that we love. Tryouts for national camps are after state championships and before the national championships. USA Hockey posts dates on their website. I will post dates for boys and girls.Anyone who would like to become a coach USAHockey.com website Since the 1992-93 season, when just over 10,000 girls and/or women registered with USA Hockey, the sport has enjoyed great growth spurts. In 2008-09, the number of registered female players crossed the 59,500 mark. Albert Caamano has coached ice hockey for 15 plus years

Utica College Offers Programs to Prepare Students for Onslaught of Cyberwar By Bary Alyssa Johnson Utica College announced this week the emergence of a new threat to our nation’s cyber security. The college reports that groups of “hacktivists” have been openly waging retaliatory attacks on businesses and government agencies in a bid to wreak havoc on their web sites, weakening national security. With businesses facing million-dollar losses from these attacks and government in preparation for heightened threats to cyber security, the College has acknowledged the need for trained cyber professionals as vitally important assets. Utica College, with its focus on economic crime education, is now offering online programs that will train students to fill these important roles. “We here at Utica College have two programs in the Economic Crime and Justice Studies Department focused on cyber security,” Jennifer Trost, executive director of said Department at Utica College told the Westchester Guardian in an interview. “It’s really important to promote these programs through higher education. We train students to be on the front lines of protecting information and preventing hacking issues.” The programs consist of The Bachelor of Science in Cyber Security and the Master of Science in Cyber Security – Intelligence and Forensics. Continued on page 17


The Westchester Guardian

TECHNOLOGY

The former prepares graduates for traditional 9-5 work in cyber security, critical infrastructure protection, practical digital forensics and information assurance. The latter program is for professionals who seek to specialize in cyber conflict, cyber counter intelligence, cyber counter espionage, cyber counterterrorism cyber counter sabotage and advanced digital forensics. “We are witnessing a cyber war, the likes of which have not yet been seen,” Randall Nichols, professor and director of cyber security programs at Utica College said in a statement. “But the reality is that this is the battlefield of the present and the future.” According to Trost, committing a cyber crime has low risk and very high rate of return so businesses, organizations and government agencies constantly have to play catch-up because the advantage lies on the side of the criminals. To combat cyber crime, Utica’s cyber security program is two-fold. The first approach is about information assurance and is designed to protect the location and content of important information. It also focuses on ensuring that information being transferred via Internet is secure and encrypted. The second component is based on the forensics of breached or compromised information. It is designed to educate the investigative side of cyber theft or breakdown, the recovery of information, legal and courtroom process and the revision of policies to improve security. “If you look at economic crime and theft, criminals are always developing new ways to get around the safeguards that law enforcement provides,” Trost said. “What we’re doing now is the continuous adaptation of academic institutions and law enforcement to design tools and policies to keep people safe.” Current cyber law falls largely under the helm of the Department of Homeland Security (DHS). The Cyber Security Coordinator and Special Advisor to President Barack Obama

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TRAVEL

Utica College Offers Programs to Prepare Students for Onslaught of Cyberwar Continued from page 16

THURSDAY, DECEMBER 16, 2010

is technology veteran named Howard Schmidt, also known as our nation’s “cyber security czar.” He previously served as cyber-advisor under the Bush administration as well. He is responsible for orchestrating cyber security activities throughout the government. “Howard Schmidt holds the Cabinet level homeland security position responsible for cyber warfare,” Trost said. “He’s developing policies to lend incentive to business and government to develop good cyber security through coordination of many different organizations.” Among them, the National Cyber Security Alliance, Information Systems Security Association, International Information Systems Security Certification Consortium, High Tech Crime Investigation Association, Federal Computer Investigations Committee and countless others. Schmidt also involves himself in educational and public awareness initiatives to protect “digital citizens” and promote online safety. As Cyber Czar, Schmidt has a mission of prevention and protection. This mission will continue to increase in importance exponentially in the coming years and its success is critical to our nation’s future security. The DHS documents President Obama’s acknowledgement of the importance of the mission. “The growing number of attacks in our cyber networks has become, in President Obama’s words, ‘one of the most serious economic national security threats our nation faces,’” warns the cyber security subset of the DHS on its Web site. Local resident Bary Alyssa Johnson covers Larchmont, Mamaroneck, Rye, and Rye Brook, as well as the evolving world of electronics and technology.

Between a Rock and a Soft Place

The Boulders Resort, Carefree, Arizona By Barbara Barton Sloane

Lizards warm themselves on gigantic granite boulders, Jackrabbits and deer make their homes amid the desert landscape, towering saguaro cacti reach for the sky, and the sun’s rays encourage wildflowers to bloom in vivid shades of magenta, gold and lavender. This is life at The Boulders today, in a place unchanged for centuries. From its environmentally sound development to world-class resort, The Boulders is a compelling destination. Named for the 12-million-year-old granite boulder formations that dot the landscape, the resort is situated on 1,300 acres in the Sonoran Desert foothills and the terrain has been left virtually untouched to allow indigenous plant and wildlife such as saguaros, mesquite, Palo Verde trees, coyotes and deer to prosper. I visited The Boulders recently and, as we approached, like a mirage, the resort seemed to emerge from the desert like an offspring of the ancient boulders. My accommodation was in one of the 160 guest casitas which featured hand-hewn woodbeamed ceilings, a large wood-burning fireplace, ample dressing and bathroom area, and, one of the most charming additions, my very own private patio which overlooked the sun-streaked desert. Each morning, I took my coffee and toast here and enjoyed the sight of Gambel’s quails, frisky and loquacious little birds, hopping around my table searching for crumbs while cottontail bunnies nibbled on plants among the cacti.

The Boulders carries the Southwestern motif throughout the property, with lobbies displaying Native American crafts and glass skylights and fireplaces providing warmth and light. The six restaurants on the property range from elegant to casual and feature innovative Southwestern cuisine. There are two championship golf courses renowned for their rugged beauty and breathtaking panoramas. Not being a golfer, I quickly found my way to The Golden Door Spa. A comforting blend of Eastern and Western influences in its architectural design, healing methods, treatments and philosophies, the spa is a 33,000 sq. ft. space which still manages to feel intimate and cozy. Being surrounded by the desert, I felt my skin could use a blast of pure oxygen so I opted for the Echo Oxygen Facial which promised to nourish and revitalize every cell of the skin, pore by pore. I think it worked because I emerged with skin that was dewy, fresh and smooth as a baby’s – er- whatever. I had a mere three days at the resort, and tried to fit in as many on-site, fun adventures as possible. I went up, up and away in a beautiful balloon and I rode a horse through desert teeming with life. I spotted two brilliant red cardinals on the bough of a spiny Ironwood tree, a pretty pale colored coyote peeked out from behind a Prickly Pear cactus, and I Continued on page 18


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The Westchester Guardian

THURSDAY, DECEMBER 16, 2010

TRAVEL

TRUTH AND JUSTICE

The Boulders Resort, Carefree, Arizona

Increasing Awareness of Prosecutorial Misconduct

Continued from page 17 gazed with amazement at the spectacular architectural designs of Arizona’s state tree, the Palo Verde. The name is Spanish for green stick, and in autumn, its chlorophyll-filled branches punctuate the desert sky. On The Boulders property, there’s a magical placed called Promise Rock, a one-of-a-kind romantic outdoor venue where fairytale weddings unfold. I was told it’s also a divine place to renew one’s vows. I had to see it! Created by nature but discovered only recently by the resort, Promise Rock opened this spring for those entering life’s most important union – marriage. The site draws upon the strength and rock-solid foundation of the surrounding boulders and the only sound I heard was that of a cascading waterfall nearby. I was particularly taken with the rock art that The Boulders commissioned of a couple holding hands, done in the style of an ancient petroglyph. The icing on the wedding cake: a “his & her” pair of saguaro cacti that presided over the venue – a lovely symbol of partnership. The Boulders Resort is the recipient of countless awards, including Conde Nast Traveler’s “Gold List, Top Resorts of the World,” Arizona Bride Magazine’s “Best Wedding Night Hotel,” and Zagat’s “#1 Resort in the Southwest Region.”

If You Go:

The Boulders Resort is located 33 miles from Phoenix Sky Harbor International Airport, and transportation can be arranged in advance through the resort concierge. For more information or reservations, contact The Boulders at (866)3976520 or (480)488-9009 or visit www.TheBoulders.com. Photos courtesy of Sloane Photography Travel Editor Barbara Barton Sloane is constantly globe-hopping to share her unique experiences with our readers; from the exotic to the sublime. As Beauty/Fashion Editor she keeps us informed on the capricious and engaging fashion and beauty scene.

Discipline and Accountability Hampered by Prosecutorial Immunity By Jeff Deskovic

Last Thursday evening, CNN’s Anderson Cooper ran a segment on prosecutorial misconduct, a phrase that is finding its way into public consciousness with ever increasing frequency. His guests were Barry Scheck, co-founder of The Innocence Project and well known author and former prosecutor Jeffrey Toobin. Their discussion centered around a recent study by the Northern California Innocence Project, which identified more than 700 California cases involving misconduct from 1997 to 2009, from which only 6 prosecutors (fewer than 1%) were officially disciplined. In fact, judges who were supposed to be referring prosecutors found to have been engaged in prosecutorial misconduct to the state bar for investigation were in almost every instance failing to do so. USA Today ran a two-part series in Sept. of 2010 on prosecutorial misconduct by federal prosecutors that reviewed 201 cases of misconduct in which a judge publicly reprimanded the prosecutor, and found only 1 prosecutor “was barred even temporarily for practicing law.” In August of 2010 The Innocence Project released its own study that found in 25% of 255 DNA exonerations to that point, prosecutorial misconduct was a factor. Of the various types of misconduct engaged in, more than 38% involved withholding exculpatory material (Brady Violations) - often involving knowledge of alternative suspects and forensic evidence. 37% involved multiple instances of misconduct-usually a pairing of Brady violations with improper arguments or questioning. The above studies are merely emblematic of the increased public and media awareness of a heretofore generally unrecognized and clearly unpunished blight within our criminal justice system. It is becoming increasingly more apparent that the traditional concept of prosecutorial immunity has in fact been a major catalyst in the shameful number of wrongful convictions being exposed to a large extent by highly refined DNA, and other technologies. The bugaboo defense most frequently offered for the perpetuation of immunity- a legal doctrine stating that prosecutors cannot be sued personally no matter how egregious their conduct if it happens after an arrest has been made- is that prosecutors need to be free to do their job without fear of legal vulnerability, and that their time should be spent prosecuting cases, not defending themselves from charges of wrongful conduct.

As I see it, law abiding prosecutors would have little to fear, and could do their jobs just as effectively as others in law enforcement who do not enjoy such immunity. Given the umbrella of such immunity, it is not surprising that unscrupulous prosecutors continue to break the law and violate the civil rights of accused individuals in an all out misguided effort to win convictions at any cost, often resulting in the conviction of innocent targets of opportunity. Another catalyst for such wrongful behavior and egregious outcomes resides in the fact that those district attorneys running the office are most often elected and frequently point to high percentages of conviction thereby creating an incentive to those prosecutors under their supervision to bring about as many convictions as opposed, thus ensuring their re-election. All too often as these unfortunate elements working in tandem continue to produce wrongful convictions, bar associations and judicial tribunals fail to hold them accountable and to punish them. As this grievous circumstance both at the state and federal level has moved into the public conscience, spurred by mounting media coverage, it is becoming more and more evident that we need the formulation of meaningful policy and legislation to stem this tide. We can no longer ignore the need to hold prosecutors personally accountable for both their civil and criminal violations of individual civil rights. Therefore, the time is at hand to bring about meaningful and effective legislation that will bring an end to such abuses. Specifically, I propose legislation to end prosecutorial immunity from civil lawsuits in clear cut instances of intentional misconduct. I am further proposing legislation that will impose incarcerative penalties for the same. After all, police officers who daily place themselves in harms way are not accorded such immunity, and further, if they violate a civilian’s civil rights, they are subject to arrest and federal prosecution. Why should prosecutor’s be any different? In fact, as a society, do we really need to maintain this class of individuals who are above the law, who in effect by their conduct proclaim, “Do as we say, not as we do?” Jeffrey M. Deskovic is a Criminal Justice Advocate and Exoneree. To learn more, visit his website: www. JeffreyDeskovicSpeaks.org.


The Westchester Guardian

THURSDAY, DECEMBER 16, 2010

Page 19

LEGAL NOTICES Kim Schwartz LCSW PLLC Articles of Org. filed NY Sec. of State (SSNY) 9/3/2010. Office in Westchester Co. SSNY design. Agent of PLLC upon whom process may be served. SSNY shall mail copy of process The PLLC 380 Route 202 Somers, NY 10589. Purpose: Any lawful activity. Erica Chambers LCSW PLLC Articles of Org. filed NY Sec. of State (SSNY) 9/3/2010. Office in Westchester Co. SSNY design. Agent of PLLC upon whom process may be served. SSNY shall mail copy of process The PLLC 380 Route 202 Somers, NY 10589. Purpose: Any lawful activity. Dano Associates, L.P. Articles of Org. filed NY Sec. of State (SSNY) 9/22/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process The LLC 97 Fanevil Place New Rochelle, NY 10801. Purpose: Any lawful activity. Anne L. Boffoli Bentzen LCSW PLLC Articles of Org. filed NY Sec. of State (SSNY) 9/24/2010. Office in Westchester Co. SSNY design. Agent of PLLC upon whom process may be served. SSNY shall mail copy of process The PLLC 380 Route 202 Somers, NY 10589. Purpose: Any lawful activity. Northern Westchester Counseling Associates LCSW PLLC Articles of Org. filed NY Sec. of State (SSNY) 10/15/2010. Office in Westchester Co. SSNY design. Agent of PLLC upon whom process may be served. SSNY shall mail copy of process The PLLC 380 Route 202 Somers, NY 10589. Purpose: Any lawful activity.

NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: Sasha’s Place Property Management, LLC. Articles of Organization were filed with the Secretary of State of New York (SSNY) on 10/14/10. Office location: Westchester 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 Corporation Service Company, 80 State Street, Albany, New York 12207. Purpose: For any lawful purpose. Simply Diamond Music LLC Articles of Org. filed NY Sec. of State (SSNY) 8/31/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process The LLC 208 Pound Ridge Road Bedford, NY 10506. Purpose: Any lawful activity. Registered Agent: Rosanne La Blanc 208 Pound Ridge Road Bedford, NY 10506. Cindy Smith-Menchin LCSW PLLC Articles of Org. filed NY Sec. of State (SSNY) 9/3/2010. Office in Westchester Co. SSNY design. Agent of PLLC upon whom process may be served. SSNY shall mail copy of process The PLLC 380 Route 202 Somers, NY 10589. Purpose: Any lawful activity. Notice of formation of Curuzu Real Estate, LLC filed with Sec’y of State (SSNY) on 9/30/10. Office location: Westchester County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to: Curuzu Real State, LLC at 17 Sunny Ridge Rd. New Rochelle, NY 10804. Purpose: any lawful activity.

Wells Park Drive, LLC Articles of Org. filed NY Sec. of State (SSNY) 9/7/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process Corporation Service Company 80 State Street Albany, NY 12207. Purpose: Any lawful activity. Registered Agent: Corporation Service Company 80 State Street Albany, NY 12207.

Agent of LLC upon whom process may be served. SSNY shall mail copy of process to Corporation Service Company 80 State St. Albany, NY 12207. Purpose: Any lawful activity. Registered Agent: Corporation Service Company 80 State St. Albany, NY 12207.

LIMITED LIABILITY COMPANY KGM AUTO DETAILING, LLC Filed 8/23/2010 Westchester County, 200 Main Street, New Rochelle, NY, NY Sec of State desig agent and mail copy to Bus Filings Inc. 187 Wolf Rd., Ste 101, Albany, NY 12205 for any process served. All lawful purposes.

DJLS, LLC Articles of Org. filed NY Sec. of State (SSNY) 9/1/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to Corporation Service Company 80 State St. Albany, NY 12207. Purpose: Any lawful activity. Registered Agent: Corporation Service Company 80 State St. Albany, NY 12207.

315 Coster Street, LLC Articles of Org. filed NY Sec. of State (SSNY) 7/19/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process The LLC 44 Fenimore Road New Rochelle, NY 10804. Purpose: Any lawful activity.

Perkins Realty LLC Articles of Org. filed NY Sec. of State (SSNY) 10/27/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process The LLC 21 Union Avenue Tarrytown, NY 10591. Purpose: Any lawful activity.

Gravino Group, LLC Authority filed with Secy. of State of NY (SSNY) on 11/2/2010. Office location: Westchester Co. LLC formed in Delaware (DE) on 6/4/2010. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to The LLC 45 Fieldstone Dr Katonah, NY 10536. DE address of LLC: 3411 Silverside Rd Rodney Bldg #104 Wilmington, DE 19810. Arts. Of Org. filed with DE Secy. of State, PO Box 898 Dover, DE 19903. Purpose: any lawful activity.

SRCP GROUP, LLC, Art. Of Org. filed with NY Secy. of State on 7/7/10. Office located in Westchester Co. Secy. of State designated as agent upon which process may be served. Secy. of State shall mail a copy of any process against it served upon him/her to: 260 Worthington Road, White Plains, NY 10607, principal business location of the LLC. Purpose: any lawful business activity.

DJL, LLC Articles of Org. filed NY Sec. of State (SSNY) 9/1/2010. Office in Westchester Co. SSNY design.

Notice of Authority of ValBacher, LLC; Application for Authority to do business in the State of New York was filed with the Department of State on November 3, 2010; Office Location:, Westchester County;

SSNY has been designated as agent of LLC upon whom process against it may be served; SSNY may mail a copy of service of process to, 119 North Road, White Plains, NY 10603. Purpose: Any lawful Purpose. White Plains Homeowners Coalition, LLC Articles of Org. filed NY Sec. of State (SSNY) 10/8/2010. Office in Westchester Co. SSNY design. Agent of LLC upon whom process may be served. SSNY shall mail copy of process to The LLC 980 Broadway, Ste. 225 Thornwood, NY 10594. Purpose: Any lawful activity. Notice is hereby given that a license, number 1249920 for beer and wine has been applied for by the undersigned to sell beer and wine at retail in a restaurant under Alcoholic Beverage Control Law at 279 N Broadway, Sleepy Hollow, NY 10591  for premises consumption.-WASABI JAPANESE SUSHI, INC NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: AKT LLC Articles of Organization filed with the Secretary of State of NY (SSNY) on 11/09/2010. Office location: Westchester County. The SSNY is designated as agent of the LLC upon whom process against it may be served. The SSNY shall mail a copy of process to the LLC, 201 W.89th St., #11G, New York, NY 10024. Purpose: Any lawful act or activity. NOTICE OF FORMATION of Apostle Management LLC. Arts of Org filed with the Secy of State of New York (SSNY) on 10/01/10. Office location: Westchester County. SSNY designated as an agent upon whom process may be served and shall mail a

copy of any process to the principal business address: Gelfand, Rennert & Feldman, 360 Hamilton Ave., Ste 100, White Plains, NY 10601. Purpose: any lawful act.

NOTICE OF SALE SUPREME COURT COUNTY OF WESTCHESTER, US BANK NATIONAL ASSOCIATION, AS TRUSTEE OF CITIGROUP MORTGAGE LOAN TRUST, ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2006-FX1 UNDER THE POOLING AND SERVICING AGREEMENT DATED OCTOBER 1, 2006, WITHOUT RECOURSE, Plaintiff, vs. JOHN C. ALLEVA, ET AL., Defendant(s). Pursuant to a Judgment of Foreclosure and Sale duly filed on April 22, 2010, I, the undersigned Referee will sell at public auction at the Westchester County Courthouse, Lobby, 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY on January 11, 2011 at 9:00 a.m., premises known as 104 Washington Avenue, White Plains, NY. All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of North Castle, County of Westchester and State of New York, Section 6, Block 7 and Lot 49 f/k/a 49, 50. Approximate amount of judgment is $530,843.83 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index # 1091/08. W. Whitfield Wells, Esq., Referee Knuckles, Komosinski & Elliott, LLP, 565 Taxter Road, Ste. 590, Elmsford, NY 10523, Attorneys for Plaintiff


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The Westchester Guardian

THURSDAY, DECEMBER 16, 2010

www.westchesterguardian.com


Westchester Guardian