Court Dismisses Feiner Suit for Uncontested Election

We received this Press Release from the Bernstein Campaign offices. In the interest of fairness to other candidates, we have chosen to post it as the local media only prints Mr Feiner’s releases and his points of view.

“A state supreme court justice today dismissed an attempt by current supervisor Paul Feiner to run uncontested in the September 10 Democratic Primary by having Bob Bernstein removed from the ballot.

“Today’s ruling means Greenburgh Democrats will have a choice on September 10, and an opportunity to discuss the real issues plaguing the Town under Paul’s 22-year reign of error,” Mr. Bernstein said. “Paul enjoys wasting taxpayer money by going into court without facts, evidence, or credibility on his side. From being sued for violating the constitutional rights of a church, to unlawfully giving away millions of dollars in town revenue to residents opposed to a homeless shelter for single women, Paul’s constant mismanagement of the Town has cost taxpayers millions of dollars and its time voters had a chance to say ‘enough is enough.’”

Mr. Feiner alleged Mr. Bernstein should be removed from the ballot on grounds of fraud, including using the name “Bob” on the designating petitions. State election law allows nicknames like “Bob” and a formal opinion of the state board of elections actually states using the name “Bob” for “Robert” is perfectly acceptable.

The court’s action today followed two and a half days of testimony in which there was never any evidence introduced to show fraud of any kind by Mr. Bernstein. “This trial was a gross waste of taxpayer money engineered by a 22-year incumbent clinging desperately to power,” Mr. Bernstein said. “It was a politically motivated malicious attempt to smear me and keep me from meeting voters and discussing the very real concerns they have about our Town. I hope voters will find these tactics just as distasteful as I do.” ”

Abusing Tax Role Resources

Our Town Board, led by our Supervisor, is again skirting legal boundaries with mailings utilizing the Town’s Tax Roles for their political benefit. An industrious reader sent us a copy of an envelope and a letter she and her husband received as an “update” from our Supervisor. The real issue is that Mr Feiner believes because he is the Town Supervisor, he is provided “carte blanche” to use the resources of our Town as he sees fit. Once again, our non-practicing attorney is abusing his authority to access Town information for his benefit. While he may be able to rationalize it legally, it most certainly is an ethical abuse of power that cannot and should not be justified, allowed or tolerated.

At issue is exactly how and what the Supervisor is doing with our information? It’s easy for ABG to distinguish this is his most cost-effective way of campaigning. Under the guise of an informational update he continues to tout selective acts that he and his Board have done. The “updates” also mysteriously leave out specific and sometimes critical facts that are less than complimentary to he and his Board. So while these mailings go to resident taxpayers via the tax roles, they also save him thousands of dollars with each mailing; dollars he would otherwise be spending from his rather large campaign war chest.

One example of the information skew from these mailings proved very similar to his deficient press releases when he was trying to secure Valhalla votes for this upcoming election. His actions to funnel money to the Valhalla School Board were proven illegal in a court of law by former Town Justice Herb Rosenberg and Supervisor candidate/challenger Robert Bernstein, a practicing attorney. Mr Feiner released various statements trumpeting the change of venue from affordable apartments to a school for the WestHelp property on the Westchester Community College campus. He tried to implement this by foregoing renewal of the WestHelp lease, telling the public that then County Executive Andy Spano never sent the contract. It was proven he lied about this after email communications between both were produced. His decision to allow the affordable housing apartments to degrade was initially made by Mr Feiner alone and then condoned by his Board. Several County-level, anti-affordable housing politicians, as well as the predictable Valhalla residents from the area endorsed Mr Feiner’s scheme-for-votes. The unfortunate casualty perpetrated by Mr Feiner’s illegal actions was the school and its children. 

The move of the Ferncliff School for the Developmentally Disabled from their current location was just one in a long list of ill-fated actions that our Supervisor took with illegal and costly results for the Town. He utilizes the tax roles for his own campaigning under the guise of “updates” to the public and then he sends the same information to the media, which dutifully reprints his pabulum unchallenged. He said he was trying to help the Ferncliff School to find a new location and WestHelp would be the perfect choice – if only the state could be convinced to tear it down. ABG cannot ignore that this is a Yonkers-based school and while they can certainly accept anyone’s help, Greenburgh residents need Mr Feiner to focus on Greenburgh. ABG cannot ignore that he had no authority to make any changes to the County contract regarding the purpose of the facility. ABG cannot ignore that this loss of revenue would specifically and negatively impact the Unincorporated portion of the Town. ABG cannot ignore the manipulation of information by not renewing the WestHelp lease for personal gain (votes), costing us the largest portion of non-tax generated income for the Town! ABG cannot ignore this was all unethically done for votes.

Telling the residents that his mailings are legal is our non-practicing attorney/Supervisor simply continuing to not do the right thing. And while utilizing the property tax roles for his personal gain may certainly be legal, ABG cannot ignore that it is an ethical vacuum that the Supervisor and his Board operate within. What needs to change? Frankly, the entire administration needs to change. They, specifically led by Mr Feiner, have been in office for so long, have massaged their words for so long, twisted the truth for so long and utilized every resource at their fingertips for so long for personal gain, it will be a Herculean undertaking to make things right.

The democrats will again win the election for Supervisor for several reasons, just as Greenburgh Democratic Leader Suzanne Berger stated at their nominations meeting. The Westchester Republican Party under Doug Colety, as well as the Greenburgh Republicans under Timothy Hays, have openly abandoned the Town of Greenburgh. The Independence Party is busy selling their endorsements to the highest bidder and the Conservative and other (minor) Parties are busy crafting their individual power plays between Yonkers and Yorktown. ABG has often said we need to have differing points of view on our Board, not because we simply wish to see another party represented, but for more variety, ideas, points of view and creativity. Our current Town Board is not acting in our best interests. They have stagnated in thought, are bereft of conscience, and acting in the interests of outside developers and themselves over our best and well-deserved interests.

This Election cycle provides a choice for the Greenburgh residents. There will be a primary vote this September between Democrats seeking the same position and endorsement from the Democratic Party. The main choice is between two candidates. You can choose to have more of the same by voting again for 22-year incumbent Mr Feiner; or you can vote for a community activist and leader, his challenger Mr Bernstein. Voting for Mr Feiner assures us of a continuing decision making process that has recently cost the Town upwards of $20 million! Voting for Mr Bernstein assures us of a moral and ethical compass that has been untouched in years and a business acumen this Town hasn’t seen in at least 22 years! Primaries don’t usually attract a huge turnout of voters. We hope this year will be different. At the least, maybe we can give the Town’s Tax Roles a rest.

Stealing Town Hall

One way to ensure illegal activities go unnoticed as well as for them to continue is to not be open and forthcoming about these activities. With a Town Supervisor who touts open government whenever a reporter is within earshot, or more importantly, an uninitiated and unknowing resident, he is noticeably absent now. By his own decision and circumventing all checks and balances he would normally ignore anyway, he has been allowing the democratic party members unfettered use of Town Hall as a phone calling bank for the current President and ABG is sure for his next campaign. Why would he do this? It’s simple really. He is disliked by most democrat party leaders and this buys the Democratic Party’s support in his next year’s run for supervisor!

While many may cry foul, The Paul realizes most people are civically under-involved. Consequently, this, like his other transgressions and illegal activities will allow him to eventually just slither away unscathed. Since an article about this also appeared in the pro-Feiner, Greenburgh Daily Voice (Gannett owned as well as the Journal News), there will be no follow-up story, no investigation, no use of interns to monitor or collect fees for Town Hall usage, and certainly no admission of guilt by any of the usual suspects in the administration.

Similarly, what does our Town Clerk do when she’s not planning veteran’s barbecues and Town Board meeting concerts? We can’t answer that. We do know that her staff is hard-working. So, here’s a suggestion of something for her to do. Post a white board in the lobby of Town Hall listing all the daily meetings that are taking place. She can list the group utilizing the room, what room they are in and the time range for their meeting. This way, anyone coming into Town Hall can easily see who is there, where they are meeting and how much money the Town should be charging/making with each usage.

To cover-up his illegal actions, he has now offered the use of Town Hall to the Republicans for the Feiner-fee, magically created from who-knows-where? Perhaps he determined this scale of income utilizing the Tim Lewis Environmental Cleanup knowledge base? His generosity and largess was not voted on by the Board, not advertised to the public and certainly not put out for a phony referendum. Nor is asking the Republican Party if they want to do the same illegal thing the democratic party is, a way of neutralizing his first illegal action. But now Feiner believes all is well in the Town Hall Bizzaro World and will continue the well crafted charade of his “woe is me” persona. This is just one more example of what is wrong with the administration and our Town.

The Town has lost $1.2 million yearly by The Paul abandoning the WestHelp contract. The Town “lost” 19 laptops from the Theodore Young Center. The federal courts upheld the Fortress Bible guilty verdict against the Town and The Paul for up to $8 million. Then there’s the missing $4 million dollars from the Water Department. There’s the continued duplicate expenses of maintaining two Recreation Departments and staffs. There’s also the GameOn 365 Bubble Debacle that will cost the Town in a lost property sale and the subsequent tax payments thereafter. Finally, there’s the several hundreds of thousands of dollars lost through the certiorari adjustments the Town pays out at every Town Board meeting because The Paul and his Stepford Board refuse to perform a revaluation in Greenburgh. And that’s just some of this year’s interesting happenings around Town.

The Paul’s actions must be stopped. We need management skills, leadership skills and true open government in Greenburgh. Maybe it exists in a Greenburgh somewhere, but not in 10607. We can do better. We can only hope.

DeCicco vs Shimsky: Is This The Best We Can Do?

The Westchester County 12^th Legislative District seat, formerly held by attorney Thomas Abinanti, is being sought by two challengers. The two are Democrat MaryJane Shimsky of Hastings-on-Hudson, NY, and Republican Nick DeCicco (pronounced de-cheeko) of Hartsdale, NY.

Shimsky, a former attorney, has served as community relations director for former Assemblyman Richard Brodsky. Brodsky retired from this position this year after 28 years. The seat was recently won in the election by Thomas Abinanti, defeating Republican Thomas Bock. Shimsky's a vice chairwoman of the county Democratic Committee.

DeCicco is a prosecutor in the county Attorney's Office assigned to Family Court in Yonkers. He is a member of the Greenburgh Zoning Board of Appeals, where he currently has an Ethics Violation lodged against him from Town of Greenburgh Democratic District Leader Robert Bernstein. Bernstein had sought to have DeCicco recuse himself from voting on the numerous zoning variances requested by Deli Delicious, located at Rt 119 and Old Kensico Road. The Town Code of Ethics for board membership is pretty straightforward as to what a member can and cannot do. But in Greenburgh, and in particular with our supervisor and his board, it's just another set of rules to be ignored.

The neighborhood, besieged with heavy traffic, conspiratorial actions by Supervisor Feiner and his rubber-stamp Board, is upset, and against this expansion on top of the blatant “lead agency” hijinks, anti-neighborhood and pro-developer giveways of the Town Board toward WestHab. Feiner has gone out of his way to post blogs, write letters to various newspapers, use his radio show on WVOX endorsing Deli Delicious' requests. It must pain Feiner to have the Zoning Board do the right thing.

Deli Delicious wants permission from the zoning board to put in a drive-through window, pave on NYS property and create additional parking spaces in hopes of reviving his expiring business. DeCicco voted in support for the plan at a Zoning Board meeting last month. Then the planning consultant/contractor and the deli's lawyer, alleged to also be the planning consultant's lawyer, organized a political fundraiser for his county board bid at his home in Irvington. Did the deli also contribute to DeCicco? It's been alleged that Deli Delicious may also contribute to Paul Feiner’s campaign fund. We wouldn't be surprised.

The zoning board is scheduled to vote on the deli's requests this Thursday. Last Friday DeCicco said he planned to abstain from any votes on the deli's application. Isn't that a little late in the game Mr. DeCicco? In a Lohud.com interview with his opponent, DeCicco repeatedly stated, "If you want more of the same... vote for MaryJane. If you want something different, a real change, vote for Nick DeCicco." How is a political payoff through fund raising and contributions different? How is voting on an issue that directly involves your campaign financing different? How is ignoring the wishes of an entire community and siding with a developer different? How is siding with a business owner whose bad business acumen is leading to his demise any different? How is any of this different? It's not. What's next, a political appointment to the Board of Elections for a phantom position?

Watch the Journal News debate between the two candidates and see how uninspired they'll make you feel. Neither has a positive presence on screen and both leave us wanting. Shimsky repeatedly appears to refer to her notes off to the side and incapable of having an opinion without cheat sheets. DeCicco, while working without notes, appears equally inept as he struggles to make his case. Who are coaching these two?

If we look past DeCicco's clumsy and perhaps bumbling camera presence, he does seem to make a few points prompting Shimsky's standard retort of, "I have two comments about that..." Poorly executed, neither candidate inspired confidence during this excruciating exchange. Both prove all too well that neither will be a leader, simply another vote in an already dysfunctional legislature.

DeCicco rightfully attacked the Democrat Shimsky for operating her campaign out of the CSEA headquarters. She countered that Republican DeCicco is being bankrolled by the Republican Party. Touché. Regrettably, this was as good as it got and appears to be the level to which Westchester politics has deteriorated. It’s disappointing. The Democrats lost their way several years ago and lost a good and righteous leader with the recent passing of Lorrin Brown. The Republicans had a great candidate with Thomas Bock in the last two elections but the Republican Party chose to abandon him as Doug Colety typically writes off the Town of Greenburgh each election as insignificant to the Republicans. Again, it’s disappointing. Are there any stewards left out there?

The Republican residents of Greenburgh have been discarded by the Westchester and NY GOP because the democrats have a 3 to 1 ratio over the republicans in the district. Any viable or good candidates, such as Bock, are ignored or dismissed, almost mandating the election of “empty suits” such as Thomas “Proclamation4U” Abinanti. Following "suit" is newly elected Alfreda Williams. The democrats are simply offering bodies and frankly, it’s not good enough. The republicans aren't any better. Even Astorino, who lamely follows the advise of his incompetent advisors, jumped into the waters by offering political payoffs and paybacks. Will it ever end? Apparently, no, especially with the thinking we have from the supposed leaders in these parties. It’s so disappointing.

Our prediction is a simple one. DeCicco, with the power of the feckless Republican Party, with Colety at the helm, will lose this special election to Shimsky; not because she’s better, rather, because of the “D” after her name. It’s simply numbers.