Grasping at Straws: The Nora Anderson Saga, cont'd---Manhattan Judge Inductions---Holiday Party Request
* * * * * * * * * *
Grasping at Straws: The Nora Anderson Saga, cont'd
The New York County District Attorney seemed to be grasping at straws today in State Supreme Court as he made a motion to re-argue two of the dismissed counts in the indictment of Peo. vs. Anderson & Rubenstein. The D.A.'s serving the motion--and without the exhibits--by telephone facsimile the night before the status conference surprised the Defendants, and has led to a delay in the case-in-chief until February of next year at the earliest.
Judge Michael Obus's Oct. 30th decision found that there was no jurisdiction as to venue to prosecute count seven [E.L. 14-120(1): campaign contributions to be made under the true name of the contributor, a misdemeanor] and count nine [E.L. 14-126(3): violations of contribution limits, also a misdemeanor].
The D.A. maintains that the trial judge "over-looked" cash transactions which took place in New York County, and therefore the conduct occurred within such county [N.Y.] and was sufficient to establish the offense [C.P.L. 20.40]; that is, Anderson's purported over campaign contribution limit withdrawal of co-defendant Rubenstein's gift of $100,000 in August of 2008 from her personal account and subsequent deposit into her campaign account in New York County gives the Court the necessary jurisdiction. [The D.A. also sillily points to an A.T.M. withdrawal of $100 in Manhattan on the day of deposit as indicative of her being in Manhattan (although the check transaction could have been made elsewhere).]
But the judge addressed this issue in his Oct. 30th decision by letting stand counts two and five in the indictment which held that the Grand Jury's determination that Defendants knowingly filed false disclosure statements with the N.Y.C. Board of Elections as to the name of the true contributor may have been an attempt "to defraud" the Board, but not the citizens of New York County. Also, did the Board of Elections have an agency relationship with either defendant?
Rubenstein gave an out-right gift because he knew that he couldn't give as a campaign contribution more that a stated amount, and he filed a gift tax return.
Defendants' answer is due on 28 Dec. '09; the People's reply, on 8 Jan. next year; and the judge will decide the motion on 15 Jan. '10. Tentative trial date is scheduled for 23 February 2010.
* * * * * * * * * *
Manhattan Judge Inductions
7th January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge Jennifer Schechter. Civil Court, 111 Centre Str., City.
14th January, 2010, Thursday, 5 P.M. Induction of State Supreme Court Justice Lucy Adams Billings. Supreme Court, 60 Centre Str., City.
21st January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge James d'Auguste. Civil Court, 111 Centre Str., City.
28th January, 2010, Thursday, 5 P.M. Induction of N.Y.C. Civil Court Judge Lynn Kotler. Civil Court, 111 Centre Str., City.
* * * * * * * * * *
Holiday Party Request
If you, your club or organization is holding an open holiday party and would like to have it listed in my list of selected events, kindly let me know. Thank you.
******************************************************
"The noblest motive is the public good." --Richard Steele
Saturday, November 21, 2009
Friday, November 13, 2009
November 2009 Events
Selected Events
[Events which request contributions are indicated by $.]
* * * * * * * * * *
12th November, 2009, Thursday, at 5:30 P.M. Tribute to the life and legacy of City Council Member Miriam Friedlander. City Hall Council Chamber.
16th November, 2009, Monday, at 6 P.M. Fund-raiser for M.A. Linda Beth Rosenthal chez Prince, 118 W. 79th Str. (betw. Amst & Col. Aves.), Suite 4A. (212) CAnal 8 - 74.46, Ext. 10. $
19th November, 2009, Thursday, 6 P.M. National Employment Lawyers Assn. (N.Y.C. chapter) dinner-dance fund-raiser; Club 101, 101 Park Ave. (@ E. 40th Str.). (212) 317+22.91. $
19th November, 2009, Thursday from 6 to 8 P.M. New York County Democratic Committee holiday party fund-raiser. Parker Meridien Hotel penthouse, 119 W. 56 Str. (betw. 6th & 7th Aves.). Info.: (646) 214+33.97. $
19th November, 2009, Thursday, at 7 o'clock P.M. Award-winning Village Voice columnist Tom Robbins discusses the Mayoral election and its effect on the City's political future. Chelsea "Reform" Democratic Club. Hudson Guild center, 441 W. 26th Str. (betw. 9th & 10th Aves.--closer to 10th).
20th November, 2009, Friday, at 8 A.M. N.Y.C. Depty. Mayor Linda Gibbs speaks on social services in the next 4 yrs. City Law breakfast series at N.Y. Law School, 185 W. B'way (betw. Worth & Leonard Sts.), 2nd Fl.
20th November, 2009, Friday, 6 P.M. N.Y.P.I.R.G. Happy Hour. [Cash bar.] Woolworth Tower Kitchen in the Woolworth Building [check out the marvelous mosaic work in the building's lobby], 233 B'way (enter on Barclay Str.), Manh.
_______________________________________________
This information is supplied as a public service, and is not an endorsement of the identified activity, candidate, charity, club, meeting, organization, or topic.
All information is believed to be accurate as of the original publication date of this posting. E. & o.e.
-- 30 --
[Events which request contributions are indicated by $.]
* * * * * * * * * *
12th November, 2009, Thursday, at 5:30 P.M. Tribute to the life and legacy of City Council Member Miriam Friedlander. City Hall Council Chamber.
16th November, 2009, Monday, at 6 P.M. Fund-raiser for M.A. Linda Beth Rosenthal chez Prince, 118 W. 79th Str. (betw. Amst & Col. Aves.), Suite 4A. (212) CAnal 8 - 74.46, Ext. 10. $
19th November, 2009, Thursday, 6 P.M. National Employment Lawyers Assn. (N.Y.C. chapter) dinner-dance fund-raiser; Club 101, 101 Park Ave. (@ E. 40th Str.). (212) 317+22.91. $
19th November, 2009, Thursday from 6 to 8 P.M. New York County Democratic Committee holiday party fund-raiser. Parker Meridien Hotel penthouse, 119 W. 56 Str. (betw. 6th & 7th Aves.). Info.: (646) 214+33.97. $
19th November, 2009, Thursday, at 7 o'clock P.M. Award-winning Village Voice columnist Tom Robbins discusses the Mayoral election and its effect on the City's political future. Chelsea "Reform" Democratic Club. Hudson Guild center, 441 W. 26th Str. (betw. 9th & 10th Aves.--closer to 10th).
20th November, 2009, Friday, at 8 A.M. N.Y.C. Depty. Mayor Linda Gibbs speaks on social services in the next 4 yrs. City Law breakfast series at N.Y. Law School, 185 W. B'way (betw. Worth & Leonard Sts.), 2nd Fl.
20th November, 2009, Friday, 6 P.M. N.Y.P.I.R.G. Happy Hour. [Cash bar.] Woolworth Tower Kitchen in the Woolworth Building [check out the marvelous mosaic work in the building's lobby], 233 B'way (enter on Barclay Str.), Manh.
_______________________________________________
This information is supplied as a public service, and is not an endorsement of the identified activity, candidate, charity, club, meeting, organization, or topic.
All information is believed to be accurate as of the original publication date of this posting. E. & o.e.
-- 30 --
Wednesday, November 4, 2009
Election Day Far Side
The New York Times, November 3, 2009, 5:00 p.m.
For Judges Standing By, a Quiet Election Day
By Corey Kilgannon
There were plenty of people in the Manhattan training office of the New York City Board of Elections. There was lots of chatting and reading of newspapers and eating of chips and playing of Scrabble. But there were hardly any voters, which the temporary outpost is set up for.
Roughly two dozen people were working here in various capacities, including two police officers, one court officer, two State Supreme Court justices and court stenographers. Most of the remaining people worked for the Board of Elections. Each borough in the city has such a setup, for voters who are told at the polling place that they may not vote. If they insist they have been unfairly denied — usually because of some mix-up in their address, or simply being left off the voting rolls — they come here and ask a judge to review their status so they may vote.
A small paper flier on the door declared the room temporarily a Supreme Court of the State of New York. And a document affixed next to it was Administrative Court Order 98, an official order by Deputy Chief Administrative Judge Fern A. Fisher, for the New York City courts, declaring that the room was set up this day “to hear and determine all cases arising under the Election Law relating to eligibility for voting.”
By 4 p.m., only two people had come. The first had an address mix-up, and the second had come to get an emergency ballot for an ill woman who was unable to get to the polling place and who had missed the deadline for a regular absentee ballot. “She’s deathly ill with what we believe is a very bad flu, and she’s on her back as we speak,” said Edward M. Brady, an organizer for the Independence Party. Mr. Brady held in his hand an absentee ballot application, which listed several categories for applicants, including voters in prison, who must affirm that they “expect in good faith to remain” prisoners on Election Day.
Mr. Brady said was seeking an absentee ballot for one Pamela Jenkins, a member of the Independence Party. He was sworn in by a State Supreme Court special referee who heard his case and then made a recommendation to the two judges sitting next to him: Justice Doris Ling-Cohan and Acting Justice Matthew Cooper, both State Supreme Court justices who hear civil cases. They promptly signed an order to give the man a ballot for the woman, and he rushed out. Then it was back to passing the time.
Justice Cooper said the judges volunteer to work on Election Day, which is a court holiday. Sometimes it is exciting, he said. Last year during the presidential election, for example, “maybe a couple hundred people” showed up seeking a court order to solve their voting problems. Most people were able to vote, he said. Then there was the man last year, a California resident who was in New York City for a few hours on a stopover while flying and wanted to vote in New York. He was unsuccessful.
Before leaving, Mr. Brady said he thought Ms. Jenkins would vote for Mayor Michael R. Bloomberg, who has the Independence Party line. “If this woman wants to vote, I’m going to do my damnedest to make sure her vote counts,” he said.
For Judges Standing By, a Quiet Election Day
By Corey Kilgannon
There were plenty of people in the Manhattan training office of the New York City Board of Elections. There was lots of chatting and reading of newspapers and eating of chips and playing of Scrabble. But there were hardly any voters, which the temporary outpost is set up for.
Roughly two dozen people were working here in various capacities, including two police officers, one court officer, two State Supreme Court justices and court stenographers. Most of the remaining people worked for the Board of Elections. Each borough in the city has such a setup, for voters who are told at the polling place that they may not vote. If they insist they have been unfairly denied — usually because of some mix-up in their address, or simply being left off the voting rolls — they come here and ask a judge to review their status so they may vote.
A small paper flier on the door declared the room temporarily a Supreme Court of the State of New York. And a document affixed next to it was Administrative Court Order 98, an official order by Deputy Chief Administrative Judge Fern A. Fisher, for the New York City courts, declaring that the room was set up this day “to hear and determine all cases arising under the Election Law relating to eligibility for voting.”
By 4 p.m., only two people had come. The first had an address mix-up, and the second had come to get an emergency ballot for an ill woman who was unable to get to the polling place and who had missed the deadline for a regular absentee ballot. “She’s deathly ill with what we believe is a very bad flu, and she’s on her back as we speak,” said Edward M. Brady, an organizer for the Independence Party. Mr. Brady held in his hand an absentee ballot application, which listed several categories for applicants, including voters in prison, who must affirm that they “expect in good faith to remain” prisoners on Election Day.
Mr. Brady said was seeking an absentee ballot for one Pamela Jenkins, a member of the Independence Party. He was sworn in by a State Supreme Court special referee who heard his case and then made a recommendation to the two judges sitting next to him: Justice Doris Ling-Cohan and Acting Justice Matthew Cooper, both State Supreme Court justices who hear civil cases. They promptly signed an order to give the man a ballot for the woman, and he rushed out. Then it was back to passing the time.
Justice Cooper said the judges volunteer to work on Election Day, which is a court holiday. Sometimes it is exciting, he said. Last year during the presidential election, for example, “maybe a couple hundred people” showed up seeking a court order to solve their voting problems. Most people were able to vote, he said. Then there was the man last year, a California resident who was in New York City for a few hours on a stopover while flying and wanted to vote in New York. He was unsuccessful.
Before leaving, Mr. Brady said he thought Ms. Jenkins would vote for Mayor Michael R. Bloomberg, who has the Independence Party line. “If this woman wants to vote, I’m going to do my damnedest to make sure her vote counts,” he said.
Monday, November 2, 2009
The Flacks Report [30 Oct. 09]
Proposals on the November Ballot:
There are two proposals to amend the State constitution on this November 3rd, 2009, General Election ballot. Here they are for your edification.
Proposal #1 allows the construction of a National Grid power line in the State forest preserve in St. Lawrence County along S.R. 56. Normally, the State constitution forbids taking any forest preserve land. This would allow the State to convey up to 6 acres of forest preserve land in exchange for 10 acres of forest land of at least equal value to be incorporated into the forest preserve from the National Grid.
Proposal #2 would authorize the Legislature to allow prison inmates to perform voluntary work for non-profits (religious, charitable, educational). Currently, convict labor may not be contracted out except to State institutions.
* * * * * * * * * *
Surrogate Up-date:
Nora Anderson, who won both the 2008 Primary and General election campaigns for New York County Surrogate, and her co-defendant Seth Rubenstein's motion to dismiss the ten-count indictment was mostly successful this morning when State Supreme Court Justice Michael Obus dismissed all but two counts finding lack of venue jurisdiction (the Election Law violations are not now before the Court).
Justice Obus let stand two counts under Penal Law Sec. 175.35 of allegedly filing false instruments (City Board of Elections "Disclosure Statements") of campaign contributions which exceeded the limits in September, 2008, with intent to "defraud" the Board of Elections, whose headquarters is in Manhattan. And the judge specifically directed the District Attorney to strike any reference to the citizens of New York in its Bill of Particulars regarding those two remaining counts because the citizenry are not aggrieved victims under the statute.
The parties are to return to court on Friday, 20th November, 2009, for a status conference where both the Defendants and the People will decide whether or not to appeal their respective issues. If no appeal is taken, a trial date may be set on the two remaining counts. Also, the Manhattan D.A. might request Brooklyn D.A. Hynes to pursue the dismissed counts.
The court issued a detailed 29-page decision, which is difficult to distill succinctly--and even not easily done by the professional newspapers--but here is a simplified over-view.
Much of the People's case hangs on a "conspiracy theory." The Defendants argue that there was no criminal intent or conspiracy to "defraud" the voters of New York County. The judge did not find persuasive the D.A.'s conspiracy theory of jurisdiction, and the indictment had no "evidence of conduct within the forum county [N.Y.] sufficient to establish a conspiracy to commit any substantive offense" nor charge "an overarching conspiracy nor individual conspiracies to commit the substantive offenses of offering" false instruments or business records or willfully violating the Election law contribution limits nor even a "conspiracy" in the filing of those two Board of Elections disclosure forms in New York County in order to "illegally influence an election in New York County." Additionally, the charges should have been brought in Brooklyn where Anderson's campaign office was and where the allegedly illegal money transactions took place.
The D.A. also argued that the defendants' conduct in Brooklyn and the State Board of Elections filings in Albany had a "particular effect" to effect the outcome of a N.Y. County election [under C.P.L. Sec.20.40(1)(b)]. But Judge Obus found that this "particular effect" jurisdiction did not apply.
Anderson and Rubenstein maintain that the monies were outright gifts. The judge was not persuaded that the donor Rubenstein can give candidate Anderson gifts as opposed to campaign contributions. The D.A. maintains that channeling money by the use of personal accounts to avoid campaign contribution limits is unlawful.
There are two proposals to amend the State constitution on this November 3rd, 2009, General Election ballot. Here they are for your edification.
Proposal #1 allows the construction of a National Grid power line in the State forest preserve in St. Lawrence County along S.R. 56. Normally, the State constitution forbids taking any forest preserve land. This would allow the State to convey up to 6 acres of forest preserve land in exchange for 10 acres of forest land of at least equal value to be incorporated into the forest preserve from the National Grid.
Proposal #2 would authorize the Legislature to allow prison inmates to perform voluntary work for non-profits (religious, charitable, educational). Currently, convict labor may not be contracted out except to State institutions.
* * * * * * * * * *
Surrogate Up-date:
Nora Anderson, who won both the 2008 Primary and General election campaigns for New York County Surrogate, and her co-defendant Seth Rubenstein's motion to dismiss the ten-count indictment was mostly successful this morning when State Supreme Court Justice Michael Obus dismissed all but two counts finding lack of venue jurisdiction (the Election Law violations are not now before the Court).
Justice Obus let stand two counts under Penal Law Sec. 175.35 of allegedly filing false instruments (City Board of Elections "Disclosure Statements") of campaign contributions which exceeded the limits in September, 2008, with intent to "defraud" the Board of Elections, whose headquarters is in Manhattan. And the judge specifically directed the District Attorney to strike any reference to the citizens of New York in its Bill of Particulars regarding those two remaining counts because the citizenry are not aggrieved victims under the statute.
The parties are to return to court on Friday, 20th November, 2009, for a status conference where both the Defendants and the People will decide whether or not to appeal their respective issues. If no appeal is taken, a trial date may be set on the two remaining counts. Also, the Manhattan D.A. might request Brooklyn D.A. Hynes to pursue the dismissed counts.
The court issued a detailed 29-page decision, which is difficult to distill succinctly--and even not easily done by the professional newspapers--but here is a simplified over-view.
Much of the People's case hangs on a "conspiracy theory." The Defendants argue that there was no criminal intent or conspiracy to "defraud" the voters of New York County. The judge did not find persuasive the D.A.'s conspiracy theory of jurisdiction, and the indictment had no "evidence of conduct within the forum county [N.Y.] sufficient to establish a conspiracy to commit any substantive offense" nor charge "an overarching conspiracy nor individual conspiracies to commit the substantive offenses of offering" false instruments or business records or willfully violating the Election law contribution limits nor even a "conspiracy" in the filing of those two Board of Elections disclosure forms in New York County in order to "illegally influence an election in New York County." Additionally, the charges should have been brought in Brooklyn where Anderson's campaign office was and where the allegedly illegal money transactions took place.
The D.A. also argued that the defendants' conduct in Brooklyn and the State Board of Elections filings in Albany had a "particular effect" to effect the outcome of a N.Y. County election [under C.P.L. Sec.20.40(1)(b)]. But Judge Obus found that this "particular effect" jurisdiction did not apply.
Anderson and Rubenstein maintain that the monies were outright gifts. The judge was not persuaded that the donor Rubenstein can give candidate Anderson gifts as opposed to campaign contributions. The D.A. maintains that channeling money by the use of personal accounts to avoid campaign contribution limits is unlawful.
Friday, October 23, 2009
The Flacks Report [24 Oct. '09]
A.C.P. IV to run for Rangel's Seat?---Stuy Town Victory---Globerman Retires---N.Y. County Surrogate Up-date---One Day in the Life in Court on Election Day
* * * * *
A.C.P. IV to Run for Rangel's Seat?
Adam Clayton Powell IV To Open Exploratory Committee For Rangel’s Seat
City Hall News . . .Thursday, October 15, 2009
By Andrew Hawkins
Harlem Assembly Member Adam Clayton Powell IV is planning to open an exploratory committee “in a week or two” to test the waters for a possible run against embattled Rep. Charlie Rangel, Powell told City Hall. “A lot of people have been talking to me for a few weeks,” Powell said. “It’s no secret that I’ve always been interested.”
Powell first ran against Rangel in 1994, hoping to reclaim the seat his father, Adam Clayton Powell Jr., had held for decades before losing to Rangel in 1970. The younger Powell, who launched his last bid while a member of the Council, raised money for a possible run against Rangel in 2004, but never pulled the trigger. The news that Powell is mulling a run against Rangel comes on the heels of bank manager Vince Morgan’s announcement of his own plans to run in next year’s primary for the Harlem seat.
Powell has had a checkered political career. The scion of one of New York’s most prominent political families, Powell was accused of rape by two women in 2004, but never formally charged. In 2008, after being pulled over for drunk driving on the West Side Highway, officers discovered a passed out woman in Powell’s backseat. His poor attendance record in the Assembly and meager legislative output has earned him derision from some of his colleagues, who accuse him of being an indifferent politician.
But Powell is well-loved in his district and, in a neighborhood where one of the main boulevards is named for his father, enjoys stratospheric name recognition. “I believe I would make a formidable candidate,” Powell said. “I’m only in my 40s. Forty-seven-years-old. Because you need someone who can stay there—assuming the voters will continue to re-elect them—that can stay there for 20 years to gain seniority, like my father, who was a congressman, and like Charlie Rangel has been able to do.”
Powell said he is more motivated by Rangel’s advancing age (he turned 79 in June), rather than the recent controversy surrounding the congressman’s personal finances. The House voted last week to allow Rangel to keep his powerful Ways and Means Committee chairmanship, despite heavy pressure from Republicans that he relinquish the leadership post. A wide-ranging ethics investigation is still ongoing. Whether Rangel succumbs to mounting scrutiny, or decides that he is ready to retire, Powell said that competition for his seat will be intense.
* * * * *
Stuy Town Victory
The N.Y.S. Court of Appeals ruled on 22 Oct. '09 in favor of the Peter Cooper Village/Stuyvesant Town tenants that their landlord cannot deregulate their rent-stabilized rents if the landlord is accepting tax benefits.
The owners, Tishman Speyer and Met Life, had illegally raised rents by mis-interpreting D.H.C.R. regulations. The Court said that rent-regulated apartments couldn’t be subjected to luxury decontrol while at the same time the landlords benefited from public J-51 tax benefits from the City. The divided Court decided on interpretation of State rent regulations and the legislative intent, going back to a 1974 floor debate in the State Senate.
This could have a wide-ranging effect in that any landlord benefiting from J-51 who had decontrolled rent-regulated apartments under luxury decontrol may possibly have to reimburse over-charges to tenants paying market-rate rents.
It is important to read the entire decision, which you may link to here. It is expected that there will be further litigation.
http://www.nycourts.gov/ctapps/decisions/2009/oct09/131opn09.pdf
* * * * *
Globerman Retires
Acting State Supreme Court Justice Ira Globerman has retired before the expiration of his term, creating a County-wide vacancy for his N.Y.C. Manhattan Civil Court seat. His last day on the bench was Friday, 23 October 2009, and will be officially out of the State system on the 29th.
* * * *
N.Y. County Surrogate Up-date
Trial Judge Michael Obus adjourned for a week, until 30th October, his decision on Nora Anderson and Seth Rubenstein's motion to dismiss.
* * * * *
One Day in the Life in Court on Election Day
Your correspondent spent Primary Election day (15 Sept. '09) and the Run-off Primary Election day (29 Sept. '09) observing the public proceedings at the State Supreme Court Special Term held in and for the County of New York at the Manhattan Borough office of the N.Y.C. Board of Elections, 200 Varick Street.
On Primary day, Justices Michael Stallman and Emily Jane Goodman had but three applications for a court order to be allowed to vote: one because of a machine malfunction, one because of a "voter malfunction," and one which was denied because the voter wasn't registered. On the run-off Primary day, no-one appeared before Justice Matthew Cooper.
Each election day saw a judge, his/her court clerk, court officers, a City police officer, special referee, and court stenographers present. That's the cost of democracy.
[There was also an auxiliary branch of Special Term at the Harlem State Office building on W. 125th Street, where Justice Milton Tingling sat both days. The day after each election I asked him how many voters appeared in his court, but he couldn't recall.]
Special Term at 200 Varick Street was held in a dingy room with peeling paint and broken furniture. The Board of Elections didn't provide the court personnel with a computer or a telephone. At one point a senior Board employee tried to "evict" the Justice from her table ("bench") because he wanted to use the table, but was stopped from doing so.
But what was all the more outrageous, voters who would come to Special Term there had to pass through building security which required the voter to sign in, show a "valid" picture identification card, and be photographed (which would be kept on file). No such indignity befalls people who go into State Supreme Court buildings at 60 Centre Street or elsewhere (although entrants are required to pass through magnetometers). This recalls South Africa during apartheid days.
* * * * *
A.C.P. IV to Run for Rangel's Seat?
Adam Clayton Powell IV To Open Exploratory Committee For Rangel’s Seat
City Hall News . . .Thursday, October 15, 2009
By Andrew Hawkins
Harlem Assembly Member Adam Clayton Powell IV is planning to open an exploratory committee “in a week or two” to test the waters for a possible run against embattled Rep. Charlie Rangel, Powell told City Hall. “A lot of people have been talking to me for a few weeks,” Powell said. “It’s no secret that I’ve always been interested.”
Powell first ran against Rangel in 1994, hoping to reclaim the seat his father, Adam Clayton Powell Jr., had held for decades before losing to Rangel in 1970. The younger Powell, who launched his last bid while a member of the Council, raised money for a possible run against Rangel in 2004, but never pulled the trigger. The news that Powell is mulling a run against Rangel comes on the heels of bank manager Vince Morgan’s announcement of his own plans to run in next year’s primary for the Harlem seat.
Powell has had a checkered political career. The scion of one of New York’s most prominent political families, Powell was accused of rape by two women in 2004, but never formally charged. In 2008, after being pulled over for drunk driving on the West Side Highway, officers discovered a passed out woman in Powell’s backseat. His poor attendance record in the Assembly and meager legislative output has earned him derision from some of his colleagues, who accuse him of being an indifferent politician.
But Powell is well-loved in his district and, in a neighborhood where one of the main boulevards is named for his father, enjoys stratospheric name recognition. “I believe I would make a formidable candidate,” Powell said. “I’m only in my 40s. Forty-seven-years-old. Because you need someone who can stay there—assuming the voters will continue to re-elect them—that can stay there for 20 years to gain seniority, like my father, who was a congressman, and like Charlie Rangel has been able to do.”
Powell said he is more motivated by Rangel’s advancing age (he turned 79 in June), rather than the recent controversy surrounding the congressman’s personal finances. The House voted last week to allow Rangel to keep his powerful Ways and Means Committee chairmanship, despite heavy pressure from Republicans that he relinquish the leadership post. A wide-ranging ethics investigation is still ongoing. Whether Rangel succumbs to mounting scrutiny, or decides that he is ready to retire, Powell said that competition for his seat will be intense.
* * * * *
Stuy Town Victory
The N.Y.S. Court of Appeals ruled on 22 Oct. '09 in favor of the Peter Cooper Village/Stuyvesant Town tenants that their landlord cannot deregulate their rent-stabilized rents if the landlord is accepting tax benefits.
The owners, Tishman Speyer and Met Life, had illegally raised rents by mis-interpreting D.H.C.R. regulations. The Court said that rent-regulated apartments couldn’t be subjected to luxury decontrol while at the same time the landlords benefited from public J-51 tax benefits from the City. The divided Court decided on interpretation of State rent regulations and the legislative intent, going back to a 1974 floor debate in the State Senate.
This could have a wide-ranging effect in that any landlord benefiting from J-51 who had decontrolled rent-regulated apartments under luxury decontrol may possibly have to reimburse over-charges to tenants paying market-rate rents.
It is important to read the entire decision, which you may link to here. It is expected that there will be further litigation.
http://www.nycourts.gov/ctapps/decisions/2009/oct09/131opn09.pdf
* * * * *
Globerman Retires
Acting State Supreme Court Justice Ira Globerman has retired before the expiration of his term, creating a County-wide vacancy for his N.Y.C. Manhattan Civil Court seat. His last day on the bench was Friday, 23 October 2009, and will be officially out of the State system on the 29th.
* * * *
N.Y. County Surrogate Up-date
Trial Judge Michael Obus adjourned for a week, until 30th October, his decision on Nora Anderson and Seth Rubenstein's motion to dismiss.
* * * * *
One Day in the Life in Court on Election Day
Your correspondent spent Primary Election day (15 Sept. '09) and the Run-off Primary Election day (29 Sept. '09) observing the public proceedings at the State Supreme Court Special Term held in and for the County of New York at the Manhattan Borough office of the N.Y.C. Board of Elections, 200 Varick Street.
On Primary day, Justices Michael Stallman and Emily Jane Goodman had but three applications for a court order to be allowed to vote: one because of a machine malfunction, one because of a "voter malfunction," and one which was denied because the voter wasn't registered. On the run-off Primary day, no-one appeared before Justice Matthew Cooper.
Each election day saw a judge, his/her court clerk, court officers, a City police officer, special referee, and court stenographers present. That's the cost of democracy.
[There was also an auxiliary branch of Special Term at the Harlem State Office building on W. 125th Street, where Justice Milton Tingling sat both days. The day after each election I asked him how many voters appeared in his court, but he couldn't recall.]
Special Term at 200 Varick Street was held in a dingy room with peeling paint and broken furniture. The Board of Elections didn't provide the court personnel with a computer or a telephone. At one point a senior Board employee tried to "evict" the Justice from her table ("bench") because he wanted to use the table, but was stopped from doing so.
But what was all the more outrageous, voters who would come to Special Term there had to pass through building security which required the voter to sign in, show a "valid" picture identification card, and be photographed (which would be kept on file). No such indignity befalls people who go into State Supreme Court buildings at 60 Centre Street or elsewhere (although entrants are required to pass through magnetometers). This recalls South Africa during apartheid days.
Thursday, October 15, 2009
The Flacks Report [14 Oct. '09]
County Leader Farrell Steps Down---Ct. of App. Lt. Gov. Decision---Handell Moves to New Jersey---Surrogate Up-date---Miriam Friedlander---Maxine Duberstein---Five More Civil Court Vacancies?
* * * * * * * * * *
County Leader Farrell Steps Down
* * * * * * * * * *
County Leader Farrell Steps Down
Democratic Party County Leader, State Assemblyman Herman Denny Farrell, relinquished his post after 28 years. The coronation of Farrell's successor, Harlem Assembly member Keith Wright, at a recent County Executive Committee meeting was marked by self-congratulatory speeches and mutual adulation. All the Party's feckless district leaders acquiesced. Farrell said that in his years he unified a Reform vs. Regular County party organization. Perhaps, but a proper comparison could be made to Tito's Jugoslavia, and Wright is no Milovan Djilas.
Farrell, by his own admission, is not and never was a Reformer. Some who worked years ago to eliminate political influence in judicial selection by establishing judicial screening panels (which may be said to have improved the course of the Manhattan judiciary with almost every judge we Reformers put on the bench) in the County rules feel that Farrell set back the cause of judicial reform by a quarter of a century. This year we filled the John Stackhouse vacancy on the State trial bench. Interestingly, it was Stackhouse, when he was the Chelsea Club's district leader, who forced Denny Farrell to agree to abide by panel screening of judges 28 years ago. Will Keith Wright support panel-screened judicial candidates? Yes. "I believe in and support the Party's judicial screening panel process" he told your reporter.
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Court of Appeals Lt. Gov. Decision
Links to the N.Y. Court of Appeals decision on the Lieutenant Governor appointment:
http://documents.nytimes.com/the-new-york-court-of-appeals-decision-and-dissent#p=1
http://www.nyrealestatelawblog.com/2009/09/ny_governor_can_appoint_a_lieu.html
And remember, "The Supreme Court follows the election returns."
---Finley Peter Dunne
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Handell Moves to New Jersey
Al Handell, Mister Astoria Graphics and the Ben Franklin of the Reform movement, has moved his plant to the Garden State. Now at 2 Anderson Ave., Moonachie, N.J. 07074, he'll still maintain an outpost at 225 Varick Str. in Manhattan. Telephone: (201) 507+51.51 or (212) AStoria 4 - 9600.
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Surrogate Up-date
Nora Anderson and Seth Rubenstein's motion to dismiss was adjourned until Friday, 23 October, 2009, at the Court's request (Obus, J.).
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Miriam Friedlander
Former liberal and left-wing City Councilmember Miriam Friedlander dead at 95. After leaving office she continued holding yearly conferences on social issues. Link to:http://cityroom.blogs.nytimes.com/2009/10/08/friedlander-former-councilwoman-dies-at-95/
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Maxine Duberstein
Also deceased, Maxine Duberstein, J.S.C.
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Five More Civil Court Vacancies?
Five N.Y.C. Civil Court judges are contemplating leaving the bench before their term is completed or of not seeking re-election: Ira Globerman, Harold Beeler, Karen Smith (who is leaving next year in May or Oct.), Marilyn Diamond, and one other who asked for anonymity. Lack of a pay raise in the last eleven years is but one issue.
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“A judge can never have a bad day in court, when for a litigant, it’s their only day in court.” --James D’Auguste
Sunday, October 11, 2009
Necrology
Lillie Balinova
Died, after a year-long battle with pancreatic cancer, Lillie Balinova, Lex. Club V.P., on Sept. 17th. Service was private; memorial service pending. Info.: Trudy L. Mason, (212) RHinelander 4 - 88.41.
Died, after a year-long battle with pancreatic cancer, Lillie Balinova, Lex. Club V.P., on Sept. 17th. Service was private; memorial service pending. Info.: Trudy L. Mason, (212) RHinelander 4 - 88.41.
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Clifton Maloney
Clifton Maloney’s funeral will be held next Friday, October 9th, 2009, 11 A.M., at the Brick Presbyterian Church on Park Avenue at East 91st Street, Manhattan .
[The Maloney family will be receiving friends at the family home, 49 East 92nd Street, Manhattan, today Wednesday, October 7th, 2009, from 6:00 to 8:00 P.M.]
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Robert Joseph Healy
A memorial service for Bob Healy (Robert Joseph Healy) will be held this coming Saturday, 10th October ["Ten-Ten Day"], 2009, at ten o'clock in the morning at the Grace Baptist Church of Christ, 223 New Jersey Avenue, Brooklyn, New York. All are welcome. There will be a service and an eulogy. Friends are invited to speak as well. Afterward, there will be a luncheon at 12 noon. (A $10 fee for the luncheon is requested to cover expenses and for a scholarship fund.)
Bob was active with the Churches United for World-Wide Action, and unstintingly assisted a number of local churches. Tim Ferguson and others were instrumental in organizing this "one last meeting" for Bob's many friends. Please attend.
Public transportation information: From Manhattan by subway, take any IND "A" train to Breuckelen to the East New York/Broadway Junction station, and change for the "CC" Eighth Ave. local train one stop to Liberty Avenue. Ask fellow alighting passengers or the "station agent" for directions to the church, which is about 200 feet from the station. Remember, travel by bus and subway on the weekends is "iffy," so please allow additional time. ["Scheduled" Underground travel time from 59th Str./Columbus Circle to E. N.Y./B'way Junction is approx. one half hour, and the headway (time between trains) is 10 minutes. The "CC" also runs every 10 minutes, and takes 3 mins. to Liberty Ave.]
A memorial service for Bob Healy (Robert Joseph Healy) will be held this coming Saturday, 10th October ["Ten-Ten Day"], 2009, at ten o'clock in the morning at the Grace Baptist Church of Christ, 223 New Jersey Avenue, Brooklyn, New York. All are welcome. There will be a service and an eulogy. Friends are invited to speak as well. Afterward, there will be a luncheon at 12 noon. (A $10 fee for the luncheon is requested to cover expenses and for a scholarship fund.)
Bob was active with the Churches United for World-Wide Action, and unstintingly assisted a number of local churches. Tim Ferguson and others were instrumental in organizing this "one last meeting" for Bob's many friends. Please attend.
Public transportation information: From Manhattan by subway, take any IND "A" train to Breuckelen to the East New York/Broadway Junction station, and change for the "CC" Eighth Ave. local train one stop to Liberty Avenue. Ask fellow alighting passengers or the "station agent" for directions to the church, which is about 200 feet from the station. Remember, travel by bus and subway on the weekends is "iffy," so please allow additional time. ["Scheduled" Underground travel time from 59th Str./Columbus Circle to E. N.Y./B'way Junction is approx. one half hour, and the headway (time between trains) is 10 minutes. The "CC" also runs every 10 minutes, and takes 3 mins. to Liberty Ave.]
N.Y.C.T.A. travel information number (if they will answer) is (718) 330+12.34. The church's telephone number is (718) 485+7600. The pastor is Rev. Jacob Underwood, whose telephone number is (646) 963+47.82.
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