Westchester Independence Party Files Federal Lawsuit Against Astorino

Posted by: Greg Maker Posted date: November 01, 2013 In: Feature, Westchester | comment : 1

WHITE PLAINS, N.Y. – The Westchester Independence Party and newspaper publisher Sam Zherka filed a federal lawsuit Thursday against County Executive Rob Astorino and about 110 members of the county’s Republican Party.

The lawsuit accuses them of trying to rig the county executive election between Astorino, a Republican, and Democratic challenger Noam Bramson, the mayor of New Rochelle.

Also named as a plaintiff in the lawsuit are Dr. Giulio Cavallo, chairman of the Westchester Independence Party, as well as party members Richard Rhoades, Irma Drace and Dhyalma Vazquez. Zherka said the case is “monumental,” adding that the plaintiffs will win it and prove to the people of Westchester County that the Republican Party is a “corrupt machine.” The plaintiffs are seeking $100 million in damages.

In August, a state Supreme Court justice threw out six of the seven members of Astorino’s re-election committee from the Independence Party, which invalidated Astorino’s opportunity to ballot petition and ended his write-in campaign for the Independence Party primary. Bramson will be on the Independence line on the ballot for the Nov. 5 election. After that, the Independence Party tried to weed out all other people that Cavallo believed infiltrated the party to get Astorino re-elected.

Astorino’s chief adviser, William O’Reilly, accused Zherka of trying to slander the county executive four days before the election.

“I don’t care if Bramson wins or not,” Zherka said. “This is an attempted raid to rig the primary election process and violate tens of thousands of Westchester County residents in the process. It took six law firms to review thousands of documents. We have tape-recorded conversations and fraudulent petitions.”

O’Reilly said the lawsuit has “zero merit” and is “absolutely baseless” and “ridiculous.” He said 4,000 members of the Independence Party asked for a primary election and added that the plaintiffs are “wrong.” O’Reilly said the lawsuit was filed because Astorino denied Cavallo a job as the county health commissioner, a claim that Cavallo vehemently denies.

“They are wasting the court’s time and they need to apologize to the taxpayers for wasting their money with a sham stunt four days before an election,” O’Reilly said. “They have made this election into a circus with a bogus lawsuit.”

One of the plaintiffs’ attorneys, Peter Tilem of Tilem & Campbell in White Plains, said there is merit to the lawsuit. Tilem said the lawsuit has nothing to do with politics and, as a lawyer, he wouldn’t have filed it if the plaintiffs didn’t have a strong case.

“It started when the state Supreme Court disenrolled six of Astorino’s associates from the Independence Party for perpetrating fraud,” Tilem said. “The evidence is overwhelming. Everyone knows that there is a tape recording of Astorino describing exactly what his plan was to enroll in a massive conspiracy to try to take away the vote of legitimate members of the Independence Party.”

David Carlebach of the Carlebach Law Group, based in Manhattan, who also represents the plaintiffs, said the Independence Party is tired of the “Republican establishment” working for itself and not the people.

“I find that anytime somebody tries to quelch my due process rights is because they are terrified,” Carlebach said. “They are terrified at what’s going to come out before the election.”

The Westchester Independence Party Federal Lawsuit Against Robert Astorino

Councilman questions city's ability to keep homes safe

Staffing at buildings, fire departments criticized

Oct. 30, 2013   |  

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Flames shoot from house of Mount Vernon fatal fire: Flames are visible at 11 S. Bond St. in Mount Vernon where there are reports that four people were killed in the middle-of -the-night fire. (Video by GM Video Productions)

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  Flames shoot from house of Mount Vernon fatal fire

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  Mount Vernon house fire: Chief describes survivor'...

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  Raw video: Car burns at Mount Vernon fatal fire

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  Raw video: Relative collapses after fatal fire in ...

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Ned P. Rauch 

and Erik Shilling

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Edward Stevenson, Chief of Operations for the Mount Vernon Fire Department, talks about the early morning fire that killed four members of a family Oct. 29, 2013 during a press conference at Mount Vernon City Hall. At right is Mayor Ernest Davis. ( Seth Harrison / The Journal News ) / Seth Harrison/The Journal News

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MOUNT VERNON — The fire that killed four people Tuesday morning had barely been extinguished when Councilman Rich Thomas began asking whether the city’s Fire and Buildings departments had the resources they need to keep Mount Vernon safe.

“The absence of a routine inspection program allows for things to go unnoticed and can lead to catastrophic loss like we’ve seen today,” Thomas said. “The building department is not in a position to have a regular inspection program.”

He said the Fire Department is in need of resources, too. When the blaze on South Bond Street was reported, just two firefighters were on duty at the nearest firehouse. They responded bravely, he said, but without the crew and support they should have.

“We should not nickel and dime public safety,” Thomas said.

Mayor Ernest Davis dismissed Thomas’ criticisms, saying the Buildings Department has four inspectors who walk through structures on an as-needed basis. He said the department has never had a routine inspection program.

Asked if the Fire Department is adequately staffed, he said, “Absolutely.”

Later, he said, “Of course the city’s safe.”

The 1,200-square-foot house at 11 S. Bond St. was home to 13 related people, including the four who died, officials said.

Legally, it was a one-family home, but Davis said building plans indicated the house may have been fitted with a basement apartment. It was not clear whether that change was made legally. Mark Warren, commissioner of the city’s Department of Buildings, could not be reached Tuesday.

Thomas, whose brother is a Mount Vernon firefighter, said the city needed many more fire workers. Ernest Richardson, president of United Firefighters Association Local 107, the city’s fire union, agreed.

At a City Hall news conference the two men held just after the conclusion of Davis’ news conference, Richardson said the two firefighters who responded to the scene initially entered the building in an attempt to save the people inside.

Had the two been injured or killed, Richardson said, their families may not have received benefits because their actions were against federal work regulations. According to the “two in/two out” standard, if two firefighters enter a burning building, they must be in contact with a pair of firefighters outside the building.

“Those two men, had they gotten hurt, would’ve been in violation of federal law,” Richardson said.

Rejection of two Candidates Claiming to be Independent Democrats

Rejection of two Candidates Claiming to be Independent Democrats View this email in your browser

In recent advertisement, two candidates for Mount Vernon City Council have represented themselves as the “Independent Democratic Team”.  We the Westchester Independent Democrats are greatly disappointed in the misrepresentation of two Mount Vernon City Council Candidates Andre R. Bailey and Maria L. Carabaillo.    As the Chairman of the Westchester Independent Democrats, these two candidates have no affiliation with our organization or the Mount Vernon Chapter of the Independent Democrats.    Mr. Bailey or Mrs. Carabaillo have never been vetted to be endorsed or given permission to represent the name Independent Democrat in the city of Mount Vernon or Westchester County. This is definitely a misuse of the peoples trust in our mission and beliefs and complete fraud to gain votes from people in Mount Vernon who otherwise would not vote for them. Anthony  C. Mitchell Chairman

Westchester loses $7.4M in HUD grants over housing case

Aug. 16, 2013   |  

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Elizabeth Ganga

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• Westchester County, New York
• Ned Mccormack
• Rob Astorino

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After giving Westchester one last chance to comply with its demands over a central element of a 2009 fair housing settlement, the U.S. Department of Housing and Urban Development said Friday it would take $7.4 million in grants to help low-income areas away from the county and send them to other communities.

Some of the 2011 Community Development Block Grant moneyand other funds could go to Westchester’s big cities, which are funded separately from the county. But nonprofits and municipal projects in needy areas of Port Chester, Peekskill, Greenburgh and other municipalities will not get it. The grants from 2012 and 2013 also are being withheld but their fate won’t be decided until later. HUD officials have said if the 2011 money is not reallocated by Sept. 30 it will go back to the federal Treasury.

HUD officials laid the blame on the county for not complying with its civil rights obligations.

“HUD has tried to be a partner with the county, but the county is unwilling to comply with the terms of the settlement,” Deputy Secretary Maurice Jones said in a statement. “In choosing to disregard its civil rights and federal grantee obligations, county officials are depriving its citizens of funding for infrastructure improvements, programs for the youth and senior citizens.”

But Ned McCormack, a spokesman for County Executive Rob Astorino, said Westchester is in compliance and HUD is acting arbitrarily.

“It’s disappointing,” he said. “It’s clear that HUD is set on hurting some of Westchester’s neediest residents.”

The county had asked whether the state could take over the administration of the grants, as it did with Superstorm Sandy aid, but HUD said that was not legally allowed.

The grants were first held back and now will be reallocated because the county has not completed an analysis of impediments to fair housing, and particularly an analysis of zoning in Westchester communities, that HUD will accept. In giving the county a final chance to keep the money last week, HUD said the county had to agree to put language in the analysis acknowledging that zoning in some places may exclude potential residents based on race, national origin or family status.

The county refused and has been challenging the reallocation in federal court. After a judge dismissed its case this week, the county filed an appeal Friday.

County Board of Legislators Chairman Ken Jenkins, D-Yonkers, said HUD has given the county many chances to comply but Astorino has chosen not to. Now he’s worried what other money could be at stake, including the full liability from the original lawsuit if the county ends up back in court.

“It’s a $500 million liability that this kind of path is putting us on,” he said.

Democrats Engage in Political Assassination of Their Own

Yonkers Democrats Engage in Political Assassination of Their Own

The Democrats Picked Defiore but the People Want Bartlett

Westchester's Jenkins asks HUD for time on housing deal to save $7.4M

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Westchester Board of Legislators Chairman Ken Jenkins / Joe Larese/The Journal News

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Colin Gustafson

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With less than a week to go before U.S. housing officials say they’ll yank $7.4 million in grants from Westchester County, Board of Legislators Chairman Ken Jenkins is pleading for a month-long extension to meet the federal requirements for keeping the money.

Jenkins, D-Yonkers, announced Friday that he sent a letter to the U.S. Department of Housing and Urban Development asking it to give the county until May 25 to comply with a 2009 fair housing settlement.

HUD withheld 2011 and 2012 Community Development Block Grants after declaring that the county hadn’t adequately analyzed obstacles to fair housing, a provision of the 2009 settlement between the county and HUD. It recently notified the county that the 2011 money would be lost for good if the county did not submit a satisfactory zoning analysis and a plan for legislation prohibiting incomediscrimination in housing by April 25.

Jenkins said Friday that a court-appointed monitor of the settlement wasn’t expected to complete his own analysis of whether any zoning in Westchester excludes blacks or Hispanics until mid-May — and that the county should be given time to review those findings before submitting its own analysis to HUD.

The board chairman also said an extension would give Republican County Executive Rob Astorino the time he needs to send legislators the so-called “source-of-income” legislation required under the settlement.

Jenkins’ request comes three days after Astorino and the board sent HUD a letter urging it to let the state dole out the community development money on the county’s behalf — an arrangement similar to one already sought by HUD for disaster relief funds earmarked for Westchester’s municipalities.

Astorino’s chief-of-staff, George Oros, said Friday there is no need for an extension if HUD “would simply adopt the proposal” to have the state handle the community development funds.

A HUD spokesman did not immediately respond to a request for comment
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Westchester Loses Again on Fair Housing

By THE EDITORIAL BOARD

Published: April 15, 2013

More than three years have passed since Westchester County signed a landmark consent decree to settle a fair-housing lawsuit — years the county and County Executive Rob Astorino have spent shirking their obligations, challenging the deal in court, and losing. It lost again on April 5, when the United States Court of Appeals for the Second Circuit upheld a district judge’s ruling that the county was in violation of terms of the court order.

The background: In 2009, the county was facing crippling fines for having taken tens of millions of federal housing dollars while falsely claiming it had complied with fair-housing mandates. In settling the case, the county agreed to build hundreds of affordable units, analyze how exclusionary zoning and other obstacles blocked fair housing, and take steps to overcome them. The county executive was also supposed to promote a law to forbid landlords from discriminating against tenants who use government vouchers to pay rent.

Mr. Astorino, who won election later that year, set the county on its defiant path. In 2010, when legislators passed the bill protecting tenants, he vetoed it, then tried to argue that the county had met its obligation to promote the law. The courts have ruled otherwise. You can’t veto a bill, they said, and “promote” it at the same time.

Mr. Astorino says the county is building some of the units it agreed to. But the court order demands more than just tucking apartments into the county’s nooks and crannies. The Department of Housing and Urban Development has warned that unless the county offers a plan to meet its obligations by April 25, it will lose $7.4 million in grants for housing and other projects. Mr. Astorino responded by accusing the department of “extortion” and threatening to sue for the money.

These theatrics may play well on talk radio, but they could cost Westchester dearly — not just in dollars lost for housing and services for the poor, plus additional fines. Die-hard resistance to civil-rights laws didn’t work out for the South half-a-century ago, and it won’t work now
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Corruption 'casts shadow' on New York

ALBANY — After last week’s bribery scandals, Albany’s corrupt culture seems to be alive and well, prosecutors said.

“Once again, we have members of the Legislature allegedly acting as mercenaries,” U.S. Attorney Preet Bharara said Thursday. “Once again, we are forced to consider how pervasive corruption is in New York government.”

Former Senate Majority Leader Malcolm Smith, D-Queens, was charged Tuesday with trying to bribe Republican officials to win him to the GOP nomination for New York City mayor. Two days later, Assemblyman Eric Stevenson, D-Bronx, was arrested for allegedly accepting $22,000 in bribes to push legislation to help the local developers of an adult-day-care facility.

Stevenson was undone because Assemblyman Nelson Castro, D-Bronx, agreed four years ago to serve as an informant after he was busted for perjury. Castro wore a wiretap, and Stevenson was heard boasting of how he could use his influence to help the developers, according to the criminal complaint.

“That type of behavior is disgusting. It’s not fit for an elected official. It’s not fit for anybody,” said Assemblyman Kenneth Zebrowski, D-New City. “It’s so incredibly blatant; it casts a shadow on our entire system.”

More state senators have been arrested over the past six years — 12 of them — than lost a general election: only nine.

The brazenness of the cases has renewed calls for ethics and campaign-finance reforms in Albany.

“We have to make the consequences more serious and painful for those who violate the public trust and exhibit such abhorrent behavior,” said Assemblywoman Amy Paulin, D-Scarsdale.