What Part of 'NO' Don't You Get?

The Proposal

The proposal for the renovations/additions to Deli Delicious, go back to at least 2009. ABG found that one of the neighborhood residents was a candidate for political office. He attended a fundraiser hosted by Chuck Pateman, in Irvington. While there, Pateman offered the use of his home and property for a fundraiser if the candidate would supply everything else, such as entertainment, food, beverages, etc. He thanked the host for his generosity and later exited the event.

The following day, this same candidate received a telephone call from Pateman. After some brief pleasantries, Pateman asked the candidate if he could help persuade the neighborhood to get on board and go along with Tartaglione’s deli expansion? This candidate explained he was reasonably sure that not only could he not change his neighbor’s minds, but also offered that Tartaglione should have reached out to the neighborhood to make his case before proceeding. Tartaglione had not. The candidate also explained how Supervisor Feiner, his feckless Town Board and another property’s petitioner, Westhab, had assaulted and “dumped on” the neighborhood by forcing an oversized homeless shelter be built. 

Lifelong neighbors told an ABG staffer that Feiner had said some twenty years earlier that if the homeless population were ever removed, he would support a senior citizen living facility. Numerous conversations confirmed this information, just not Feiner. In the beginning, he claimed he didn’t remember saying this. Then he claimed he never said it and went so far as to threaten the neighborhood by saying the County under the Spano administration, would build their own facility on the property and supercede local zoning laws if this project didn't proceed. This was simply not true. In fact, then County Executive Spano was questioned by residents and so outraged by Feiner, he sent the area residents a letter saying as much and that Feiner was lying. Tartaglione, Pateman and Constantine pushed on.

Ethics and The Vote

There were not enough votes in a straw vote by the Zoning Board, to show the zoning variance petition had legs. County Legislator hopeful, Nicholas DeCicco, a member of the Greenburgh Zoning Board, voted in favor of the Deli Delicious zoning variance request. Chuck Pateman held a fund raising event for DeCicco at his Irvington home. Robert Bernstein, an Edgemont resident and attorney who has sued the Town before, lodged an ethics complaint against DeCicco for voting on an active case while accepting campaign donations from the applicant. There would be a hearing. DeCicco asked for a continuance, as he would be away. It was granted. However, while he was away, DeCicco pled guilty of unethical conduct as a Board member and returned the money given to him by Pateman. He should have recused himself (Webster’s definition: to remove oneself from participation to avoid a conflict of interest) in the very beginning and this would never have been an issue during his failed County Legislative race against Mary Jane Shimsky or even now if he contemplates other political aspirations. He claims he did recuse himself and is currently still a member of the Zoning Board. There’s an ethics conundrum for you: should a Board member who pleads guilty of an ethics violation still be allowed to sit on the Board. We think not.

It's Official

The Zoning Board voted at a regular meeting on the Tartaglione petition and this time officially voted against Tartaglione’s petition. When Pateman asked for permission to address the Board, the President told him, “Absolutely not. There is nothing to add.” As sore losers go, Tartaglione stormed out of the hearing and the following day had put plywood across the windows and spray painted the word “closed” on them. He also hung signs, which ABG maintains is in violation of the Town’s signage regulations. Yet the Town, with Feiner’s blessing, is ignoring this. Although, about two years ago Feiner had his building department go after a neighbor for code and building violations. This neighbor was leading the fight against the Westhab proposal. When the case got to court, it was dismissed. Feiner’s intimidation tactic didn’t work this time. Ask any Greenburgh employee about Feiner and intimidation. They'll probably remain mum unless they know they can trust you. It speaks volumes.

Article 78

Now Tartaglione, surely under the intimate hand-holding of Pateman and Constantine, has filed an Article 78 with the Supreme Court, ProSe. Pateman’s lawyer, Ethics Board member Mark Constantine, must be the engine behind this move. Tartaglione doesn’t exhibit the necessary intelligence to even know what ProSe or for that matter, what Latin is, let along file the requisite paperwork required in Supreme Court. ABG also wonders if non-practicing attorney Paul Feiner isn’t also offering input to this motley crew. Note: An Article 78 of the New York State CPLR provides a mechanism for actions, or inactions, of a government agency or official to be challenged in court. There are three basic forms of relief one can seek in an Article 78. 1) A Writ of Mandamus to compel a government agency or official to do something they are required by law to do; 2) A Writ of Prohibition seeks to force or compel a government agency or official to refrain from doing something it should not do; or 3) A Mandamus of Review is utilized where on seeks the reversal of a public agency or official’s decision. We haven’t been able to get more information yet as to the specifics of the appeal, but if Tartaglione in fact filed this, we wouldn’t be surprised to see it written in crayon.

Just Go

This is what is very wrong with politics in general and Greenburgh politics specifically. After twenty years of iron-fisted political intimidation, deals, arm bending, coercion, control and out and out lies, Feiner has turned into what the average citizen fears – a corrupted, conscious-less politician bastardizing our government from the top down for his own interests. Please keep in mind that the Town has mostly good, dedicated employees working for us. Unfortunately, Feiner and his play-along-to-get-along Stepford Board overshadow these same good employees. It’s time for Paul to go.