Kiryas Joel and United Monroe Agree to Amicable Divorce

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http://www.vosizneias.com/272572/2017/06/18/orange-county-ny-in-historic-agreement-kj-and-united-monroe-to-split-into-separate-entities/

Orange County, NY – In Historic Agreement, KJ And United Monroe To Split Into Separate Entities

Orange County, NY – In a development that could end years of costly legal battles, Kiryas Joel and representatives of the United Monroe citizens group have agreed to the equivalent of an amicable divorce, splitting the Village of Kiryas Joel off into a separate town that would include an unspecified amount of additional acreage to accommodate future growth.

The agreement was announced on Friday night on United Monroe’s Facebook page and would end three years of bitter infighting that resulted when Kiryas Joel announced its plan to annex more than several hundred acres of neighboring land into the village.

The new town would be the first created in New York State in 35 years, with a revised map of the proposed unnamed town to be provided to county lawmakers this week, reported The Times Herald Record

The exact details of the agreement, the result of two months of hush-hush negotiations, have yet to be disclosed, but United Monroe said that new acreage allotted to Kiryas Joel would be considerably less than the 382 acres specified in the village’s latest petition.

The plan still needs to pass muster with both the county legislature and voters in the Town of Monroe. Once that hurdle has been cleared, the issue would be included on the ballot in the upcoming November 7th election.

United Monroe’s Facebook post generated dozens of comments, with the group blaming Kiryas Joel for refusing to negotiate a separation for the past three years and noting that spinning the village off into a new entity would remove Kiryas Joel’s influence in matters concerning Monroe residents.

Both Emily Convers, head of United Monroe, and Kiryas Joel administrator Gedalya Szegedin, expressed their appreciation to all parties involved for their efforts in reaching an equitable compromise.

To read the article in its entirety click here.

The Jared Kushner Chronicles – a Rabbi’s Analysis – Where is Kushner’s Charity?

Preface:

We would like to post a disclaimer. Today is Shavuot and it is conceivable that re-posting this on a Chag Regalim when we are not supposed to be working is not something that the author of the piece would have wanted. Suffice it to say, we are some observant and some not so. We do, however, respect those who are observant and keep the chagim and Shabbat. To that end, we are posting but have had this done by the non-Jews among us.

As another note, our decision to repost Rabbi Arthur Waskow’s piece is in no way indicative of any support for this site or its contents. He may one day write a piece condemning us. Should he ask us to take his article down, we will do so without hesitation. Therefore we request that you, our readers, kindly not make any assumptions or come to any conclusions with regard to the respected Rabbi’s writing or this site. We highly value his commentary here. Whether or not he thinks highly of our site is an opinion only he can voice.

Finally, many of the people named in our previous posts, utterly destroyed by Jared Kushner and his companies can be found by searching their names online. Should you feel like giving Tzedukkah or passing something kind forward, we invite you to send them money to help support their lives. Jared Kushner and his companies have filed hundreds of lawsuits against people whose major misfortune was signing a lease with those companies. There are too many to help and it is solely Kushner and his unconscionable companies who should be helping them. However, since Kushner’s greed seems to make that unlike and given that some of these people are in dire straights. If you have something to give, please do so.

To view his piece in its original form. Please see the Shalom Center: https://theshalomcenter.org/torah-vs-jared-kushner

Chag Sameach.

LM

https://theshalomcenter.org/torah-vs-jared-kushner

The Torah vs. Jared Kushner

Tonight we enter the festival that has come to mean standing again, each year, at Sinai. What does it mean for us to do this seriously, taking Torah deep into our lives, challenging ourselves to live by its deepest teachings?

What would it mean to bring Torah to bear on one rich, powerful, and unjust Jew –- Jared Kushner?

Through the last 2,000 years or so of Jewish history, generations of rabbis have defined themselves – our selves – as heirs of the Prophets, not of the priests. Heirs of the Prophetic commitment to challenge unjust and destructive behavior, to reinterpret Torah for the sake of renewing life as the world around us and within us changed.

When Jews lived in self-contained communities, social if not physical ghettos, that degree of social control was workable for the sake of life-giving, justice-living Torah. But as we – for good reason!  — left such social ghettos, the ability of the rabbis or of the community as a whole to rebuke and end destructive and unethical behavior dwindled. So that lifts up the question: What could the Jewish community of today do about such behavior?

I want to lift up a perfect example of how Torah values are trampled underfoot even while the semblance of piety is claimed.  A story of one man who at this moment holds great power and exemplifies in his own person the “kleptocracy” – rule by thieves – that now afflicts us:

The New York Times Magazine of May 23 featured an article entitled “Jared Kushner’s Other Real Estate Empire.”  It describes in stomach-turning detail how Kushner’s real-estate firm, using several shell companies to hide its ownership from public view, has become an oppressor of the poor.

His companies have used false and brutal behavior toward low-income people who are tenants and even former tenants of the Kushner-owned properties, to extract money from them that in fact they don’t owe, ruining their families and their lives.

Since they can’t afford the lawyers who could defend them, they sink deeper and deeper into debt, disaster, and despair.

It seems to me that this behavior by a very high-profile Jew who claims not only the ethnic identity but the religious conviction is exactly what my grandmother called a chillul hashem.

Chillul,” from the same root as “challil,” the hollow flute,  means  hollowing-out — in this case, hollowing out God’s Name.. Since one of the mystics’ metaphors for God is “Tree of Life,” the “hollowing” is an especially powerful imagery.

A person who seems on the outside to be celebrating a living, thriving Sacred Tree of Life has hollowed out all the life-juice within.

The seemingly pious behavior of a seemingly pious Jew actually shatters Torah —  not in the private and self-contained way of a Jew who decides to eat pork; rather, in a way that shatters decency and justice in the public sphere, for many victims.

I urge you to see the article for yourself at —

<https://www.nytimes.com/2017/05/23/magazine/jared-kushners-other-real-estate-empire.html?hp&action=click&pgtype=Homepage&clickSource=image&module=second-column-region&region=top-news&WT.nav=top-news>

Kushner’s behavior teaches a vile version of what Judaism and the Jewish people are. When Jews lived in self-contained communities, such an ethical and religious violation could be confronted, rebuked, perhaps punished, even healed by repentant self-correction.

Now it is harder. But perhaps it is still possible. I recall the moment when a small group of rabbis in Northern California called themselves  ”the Redwood Rabbis.” With help from The Shalom Center, they challenged a Jewish corporation-owner whose business was logging magnificent 2,000-year-old redwood trees to make paneling for rich people’s basements. The corporation’s own annual report said that redwood paneling without knots sold better, and it came only from ancient trees.

We gathered on Tu B’Shvat, the RebirthDay of the Trees and of the sacred Tree of Life, to “trespass” on his land to rebuke his killing of these sacred trees of life. We placed a critical ad in his home-town Jewish newspaper just before Yom Kippur to call him to do tshuvah.

We voted inside and demonstrated outside when his stockholders gathered for the annual corporate meeting.

And finally, reluctantly, he sold the groves of ancient redwoods to the California and American governments to be protected.

If rabbis then could see the destruction of these trees as a violation of Torah, what could we say now about acts that cruelly destroy the  lives of hard-working human beings? Could we challenge Mr. Kushner in similar ways? If we did, would we risk encouraging anti-Semitism? Or would we risk it more by keeping silent?

Tonight we face the Festival of Shavuot and read the Book of Ruth. It celebrates two people: a penniless foreigner, an immigrant from a despised and hostile nation, a woman unprotected by a man – and  a wealthy landholder who not only obeyed but affirmed the Torah’s command to make sure the poor and the immigrant had dignity and a decent livelihood. Could any teaching be more clear about the malfeasance of Jared Kushner?

Since the NY Times article on Kushner’s domestic business cruelties, there have emerged claims he may have negotiated with the Putin government of Russia in clandestine ways. And Politico has published an article suggesting his connections with the Lubavitch Chabad organization are intertwined with Chabad’s specially cozy relationship with Putin, in a way to benefit him and his father-in-law both financially and politically.

<http://www.politico.com/magazine/story/2017/04/the-happy-go-lucky-jewish-group-that-connects-trump-and-putin-215007>

These allegations may or may not be accurate. They merit close study. But the cruelty of his business dealings in Baltimore and elsewhere is clear, already proved.

Most American Jews have made clear that they do not view Mr. Kushner or his kleptocratic and authoritarian bully of a father-in-law as heroes.

But the established “major” organizations have so far not rebuked such behavior by rich Jews, nor have the rabbis who might be thought to be the guardians of Torah.  What more might we do to stand again at Sinai and to clarify what Judaism ought to be, in actual practice?

Blessings that we come to live more fully in a a world that as the ancient Rabbis taught, can stand up straight only if it stands upon three pillars: Emet, Tzedek, v’Shalom: Truth, Justice, and Peace —

Arthur

JK2 Westminster – Jared Kushner’s Real Estate Empire and the Lives He Has Destroyed, Humiliated, Nicked and Dimed.. Have you no Conscience???

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The Beleaguered Tenants of ‘Kushnerville’

Tenants in more than a dozen Baltimore-area rental complexes complain about a property owner who they say leaves their homes in disrepair, humiliates late-paying renters and often sues them when they try to move out. Few of them know that their landlord is the president’s son-in-law.

https://www.propublica.org/article/the-beleaguered-tenants-of-kushnerville?

Victims of Jared Kushner’s Greed and Jeffrey Tapper’s Profitable Lawyering:

  1. Kamiia Warren – single mother – sued for thousands over 3 years and 112 actions

  2. Jasmine Cox – Maggots – Sewage flowing out of kitchen sick – sued for replacing carpet

  3. Joan Beverly  – pancreatic cancer victim sued for thousands

  4. Katherine Silver – University Student – eviction proceedings while away, no heat or hot water and sued for rent and court costs

  5. Joan Beverly’s Daughter Lennettea – defending dying mother who signed her lease for her

  6. Tyrone Beverly – Joan Beverly’s widower still being pursued for payments

  7. Showanda Hough – A victim who fought back – exception – Judge found for Hough

  8. Alishia Jamesson and Fiance Keith Riggs – Paid to fix holes in walls – remain unrepaired, no refrigerator for months

  9. Marquita Parmely – truck driver – mouse infestation

  10. Chris Freimiller – leaks from the toilet and ceiling damage and constant late fees

  11. Jen Jackson – mold problem remains unfixed and admonished for speaking with press

  12. Mike McHargue  and girlfriend Patricia Howell

 

“When Kushner Companies finally responded to my questions about the cases, they essentially affirmed Hertz’s reasoning. As manager for the Baltimore complexes, the company had a “fiduciary obligation” to its ownership partners to collect as much revenue as it could, said Kushner Companies’ chief financial officer, Jennifer McLean, in a written response. She said the company’s legal costs have been “minimal” compared with what it seeks to recover.
McLean declined to comment on several cases, including Kamiia Warren’s. But she said the pursuit of Joan Beverly, the woman dying of cancer, was justified. “This tenant owed the landlord $3,819.16,” she said in the written statement. “As property manager, it’s our job to collect rent payments.”
In general, “Westminster Management only takes legal action against a tenant when absolutely necessary,” McLean said. “If legal action is pursued, however, the company follows guidelines consistent with industry standards.” She added: “While taking a tenant to court is far from an ideal outcome, that option — and clear rules governing it — must exist as a last resort.””
https://www.propublica.org/article/the-beleaguered-tenants-of-kushnerville?

 

Meet Jared Kushner, scumbag slumlord

http://www.dailykos.com/story/2017/5/29/1665349/-Meet-Jared-Kushner-scumbag-slumlord

Did you know Trump son-in-law and now Adviser For All The Things Jared Kushner is a slumlord? Yeah, Jared Kushner is a slumlord.

The worst troubles may have been those described in a 2013 court case involving Jasmine Cox’s unit at Cove Village. They began with the bedroom ceiling, which started leaking one day. Then maggots started coming out of the living room carpet. Then raw sewage started flowing out of the kitchen sink. “It sounded like someone turned a pool upside down,” Cox told me. “I heard the water hitting the floor and I panicked. I got out of bed and the sink is black and gray, it’s pooling out of the sink and the house smells terrible.”Cox stopped cooking for herself and her son, not wanting food near the sink. A judge allowed her reduced rent for one month. When she moved out soon afterward, Westminster Management sent her a $600 invoice for a new carpet and other repairs. Cox, who is now working as a battery-test engineer and about to buy her first home, was unaware who was behind the company that had put her through such an ordeal. When I told her of Kushner’s involvement, there was a silence as she took it in.

“Get that [expletive] out of here,” she said.

That’s from Alec MacGillis’ investigation into the state of multiple Kushner-owned properties managed under the name JK2 Westminster, and specifically of the company’s unusually aggressive court actions against renters. The Kushner clan bought up an array of distressed and dilapidated properties, older complexes where renters pay about $1,000 a month, and Jared’s quite pleased with their performance, calling it a “very stable asset class.” As CEO of the company up until he got tapped by Donald Trump to fix the entire Middle East, the opiate crisis, and whatever else ya got, one of the ways Jared squeezed more money out of the properties than the previous owners was to shortchange renters on needed fixes—and then sue them when they tried to move out.

In the cases that Tapper has brought to court on behalf of JK2 Westminster and individual Kushner-controlled companies, there is a clear pattern of Kushner Companies’ pursuing tenants over virtually any unpaid rent or broken lease — even in the numerous cases where the facts appear to be on the tenants’ side. Not only does the company file cases against them, it pursues the cases for as long as it takes to collect from the overmatched defendants — often several years.

You can see why Trump’s taken such a liking to the guy: he’s a Trump man through and through. Trump will charge lower-income Americans extravagant prices for not-classes at his not-university, and Kushner will sue them for past rent when they get back home.

And so we’re told the tale of collapsed drywall ceilings, mice in beds, nonworking appliances, and the usual signs you’re living in a complex owned by someone who may or may not later end up in jail. Those go alongside tales of Kushner’s company aggressively pursuing $5,000 judgments against deceased cancer patients, or people who have been made sick from the mold or rodent droppings, or people who got permission to leave their leases early from the local property manager but the head office never got the paperwork so screw you, that’s why.

Very few of the complex residents I met, even ones who had been pursued at length in court by JK2 Westminster, had any idea that their rent and late fees were going to the family company of the president’s son-in-law. “That Jared Kushner?” Danny Jackson, a plumber in his 15th year living at Harbor Point Estates, exclaimed. “Oh, my God. And I thought he was the good one.”

Yeah, he does try to give that impression. So, ya know … oops.

http://www.dailykos.com/story/2017/5/29/1665349/-Meet-Jared-Kushner-scumbag-slumlord

The Kushner Chronicles – Litigious Slumlord Evicting Single Mothers – The Kamiia Warren Eviction – part II

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Tenants allege Trump’s son-in-law is a Baltimore “slumlord,” and that’s not even the worst of it

http://www.citypaper.com/blogs/the-news-hole/bcpnews-trump-s-son-in-law-is-a-baltimore-slumlord-and-that-s-not-even-the-worst-of-it-20170523-story.html

Jared Kushner, the President’s son-in-law, sues his Baltimore tenants for thousands of dollars in bogus debts, on which he also gets judgments allowing him to garnish their wages and drain their bank accounts.

This according to Pro Publica’s Alec MacGillis, who reports in a story for this Sunday’s New York Times Magazine that Kushner quietly bought-up thousands of modest and run-down apartment units in Essex and other Baltimore suburbs, whose tenants complain of poor maintenance, harsh rent collection techniques, and relentless pursuit of old and sometimes dubious debts generated after tenants moved out.

MacGillis leads off with Kamiia Warren, who moved out of Cove Village in Essex years ago to get away from a crazy neighbor. She had permission to do so from the apartment’s managers, yet Kushner’s company sued her years later for breaking the lease, winning more than $3,000 plus fees and expenses: almost $5,000 total by 2014.

At one point in the story, a private investigator looking into Westminster Management, Kusher’s property management company says, “they’re nothing but slumlords.” MacGillis notes the P.I. is a Trump supporter and had no idea of the connection between Trump’s son-in-law and Westminster.

MacGillis finds hundreds of cases, and the story profiles several other tenants with similar experiences. A spokesperson for Kushner’s company tells MacGillis that it owes a fiduciary duty to its investors to try to collect all outstanding debts. The story does not explain how or why it’s legal for the landlord to effectively generate the debts out of thin air, or why the District Court judges routinely uphold them. He tries to talk to Kushner’s collection lawyer, Jeffrey Tapper.

“In the cases that Tapper has brought to court on behalf of JK2 Westminster and individual Kushner-controlled companies, there is a clear pattern of Kushner Companies’ pursuing tenants over virtually any unpaid rent or broken lease—even in the numerous cases where the facts appear to be on the tenants’ side,” MacGillis writes.

Tapper blows him off.

Aside from the presidential connection, the story reads much like Doug Donovan and Jean Marbella’s Baltimore Sun series a few weeks ago on Baltimore City’s rent court, where the deck is said to be stacked pretty high against tenants.


 http://www.citypaper.com/blogs/the-news-hole/bcpnews-trump-s-son-in-law-is-a-baltimore-slumlord-and-that-s-not-even-the-worst-of-it-20170523-story.html

 

 

SEE ALSO:

Jared Kushner’s Beleaguered Tenants

The idea of working with little pay and no fanfare to make people’s struggles less onerous is a sucker’s game for Mr. Trump and his cohort. When members of Team Trump play, they are never the sucker. They exploit foreclosures, promote legislation to benefit themselves, stiff workers and contractors and create multimillion-dollar scams.

For the past few years, Jared Kushner, Mr. Trump’s son-in-law, who is now in charge of vital parts of the president’s agenda, has been a landlord of often decrepit low-income housing. His subordinates aggressively sue tenants for the smallest infractions despite ignoring maintenance needs, and they pursue judgments even when the tenant seems to have been in the right. While landlord-tenant disputes are hardly new, tenants in Kushner complexes have complained that the company used legal action to hound them on thin or specious grounds.

Since 2011, subsidiaries of Kushner Companies, the family real estate business Mr. Kushner ran until January, bought 20,000 apartments in 34 complexes in Maryland, Ohio and New Jersey. An investigation for The New York Times Magazine and ProPublica, by Alec MacGillis, found that one major Kushner subsidiary, JK2 Westminster, had 548 cases on file against Maryland tenants. Hundreds of other cases have been filed there by individual Kushner apartment complexes.

Community organizers could have helped Kushner tenants like Kamiia Warren of suburban Baltimore, who was sued for moving out of her apartment without giving two months’ notice despite having done so. Mr. Kushner’s company won an almost $5,000 judgment anyway, and garnished her wages as a home health worker, and her bank account.

The Times investigation quotes the Kushner Companies’ chief financial officer, Jennifer McLean, as saying that the company has a “fiduciary obligation” to collect as much revenue as possible. Mr. MacGillis adds: “One way to make sure that tenants are paying their rent and to keep them from breaking leases early … is to instill a sense of fear about violating a lease.”

The Kushner Files – Like Father, Like Son? Kushner the SlumLord…

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https://www.marketplace.org/2017/05/26/business/what-its-have-jared-kushner-landlord

 

What it was like to have Jared Kushner as a landlord

Kushner is the son-in-law of the president of the United States, a senior official in the Trump White House and, according to some reports, a person of interest in the FBI’s investigation of the Trump campaign and Russian interference. He’s also a big name in commercial real estate. Although he’s stepped away from a formal role managing his family’s real estate businesses, he’s still a beneficiary of the company and its investments.

ProPublica reporter Alec MacGillis spent time at some of the Kushner Companies’ lesser-known properties for a story in the New York Times Magazine this weekend. He talked with Marketplace host Kai Ryssdal about what he learned. Below is an edited transcript of their conversation.

Kai Ryssdal: Just as a way to get going here, give me the background on the Kushner Companies and specifically Jared’s role in those companies in that family enterprise before the election.

Alec MacGillis: Well, the Kushner Companies is a major real estate company that goes back decades back to Jared’s grandfather, and we think of them usually as a company with these very fancy high-end holdings. But in fact, they also have these very modest downscale holdings around the country that Jared himself bought. He made these purchases in 2011, 2012, soon after the recession and just got them at a real bargain and saw them as a good investment that would produce a steady revenue stream.

Ryssdal: The thrust of the piece in the Times this weekend is the extent to which and the vigor with which Kushner Companies and their subsidiaries go after and collect the debts from some of these tenants. Tell me about Kamiia Warren.

Alec MacGillis: So, she was single mom who had three kids. Back in 2010, she was living in one of these units and she decided to move out. Couple years later, a process server comes to her new house and says, “You are being sued for several thousand dollars because you broke your lease.” And she’s very confused by this because she had not broken her lease. She had gotten written permission to move. But she was also confused because the company that was suing her was a company she’d never heard of. Turns out, that the Kushner companies had, in the intervening time, bought this complex. And they had basically gone back through the records looking for any former tenants that they could possibly go after for more money — anyone who had broken a lease or owed back rent when they had left, even if it was two or three years earlier. And one of the people they swept up in this sort of clawback was Kamiia. And they went after her. She went to court. She unfortunately did not have a copy of that signed form anymore, and the judge sided with the company and she ended up getting a judgment of almost $5,000 when all the different interests and fees and late fees and court costs and attorney’s fees were piled on.

Ryssdal: And her wages were garnished right? Her bank account gets garnished.

MacGillis: Exactly. She got wiped out. She finally did get a copy of the form and she brought it to court and said, “Here, I’ve even got the form,” but even that didn’t help. And the judgment stood. She’s now got a court lien against her, which has completely destroyed her credit record.

Ryssdal: You called the company. What did they say?

MacGillis: Company said that this is just how it works. Basically, it was remarkably businesslike, almost brusque response from the company saying, “First of all we follow industry standards in these matters. Second of all, these are contracts that are signed by the tenants and they owe us this money, and if they break a lease we’re going to come after them.” In the case of Kamiia Warren, they had no specific response. They said, “We decline to comment on that particular case.”

Ryssdal: There are anecdotes like that throughout the piece and included in many of them was the question you asked of whether or not they knew Jared Kushner was, at some level of remove, their landlord. What did they say?

MacGillis: Almost nobody had any idea that he was their landlord. They were stunned when they found out. And a lot of them in fact did not even know who Jared Kushner was. I would say, “Are you aware that your complex is owned by Jared Kushner or the family of Jared Kushner?” And that name often meant nothing to them. It was only when I described Jared Kushner as, you know, the husband of Ivanka, then they made the connection and then it really sank in. One of the things that comes through in these complexes is just how completely disconnected people in this realm are politically. So many people I spoke to did not vote at all. These are people living right on the edge of a mid-size city right on the East Coast, 40 miles from Washington, and they’re very cut off politically. It’s another reminder of just how great the sort of disconnect is in the lower tiers of our society.

https://www.marketplace.org/2017/05/26/business/what-its-have-jared-kushner-landlord

State Sanctioned Harm To Our Most Vulnerable, Landa, Fensterman, the DOH and Schneiderman, Accountability?

Maybe US District Court Judge Will at Long Last Hold the DOH, AG Schneiderman and Owners Like the Sentosa Consortium Accountable for the Deplorable Treatment of The People in Their Facilities

In 2002 the New York Times reported on accusations against the State of New York for violating the Americans with Disabilities Act (ADA) by allegedly “warehousing” adults with disabilities and placing them in homes that were not meeting their needs.

In 2009, the New York Times again reported on violations in an article entitled: State Discriminated Against Mentally Ill, Judge Rules

http://www.nytimes.com/2009/09/09/nyregion/09mental.html?_r=0

According to the allegations, not only is the State allowing nursing homes and other facilities to continue to operate substandard facilities that do not adequately protect the most vulnerable in our population, including the elderly and mentally ill; but there are backdoor dealings and conflicts of interest by the State, lawyers representing the State, attorneys representing the nursing homes and the Department of Health (DOH).

In an online radio interview on WNYC (link below) one of the sites referenced is Ocean View Manor in Brooklyn—which is run by the Ben Landa (under an LLC). It happens (fortuitously) that Ben Landa is the business partner of Attorney Howard Fensterman who is also the principal in the sketchy SentosaCare consortia. This incestuous relationship between an attorney, his political connections and a for-profit nursing consortium was further revealed in an investigative story in ProPublica in Oct 2015.

As a reminder, Fensterman has been a campaign fund raiser for Governor Cuomo, Mayor deBlasio and Senator Schumer all of whom are named throughout the allegations, lawsuits and even by the attorney in the referenced lawsuit.

US District Court Judge Garaufis’ words implied that there is appears to be collusion by the DOH and AG Schneiderman and the attorneys for the Nursing Home Industry. He commented that AG Schneiderman should spend less time writing press releases and more time looking into the issues at hand. AG Schneiderman has been defending the DOH and the implication is that the Nursing Home’s attorney was back-door dealing with the health department. This would be consistent with the ProPublica article and the New York Times reports.

WNYC Radio Report: https://www.wnyc.org/story/federal-judge-admonishes-new-york-state-warehousing-mentally-ill/

Mar 23, 2017 · by Cindy Rodriguez

A federal judge is demanding to know whether the state colluded with adult home operators to undermine a legal settlement that took more than a decade to come to fruition.

Under the settlement, which protects 5,000 seriously mentally ill adults, the state agreed to prohibit psychiatric hospitals from discharging people into what are called adult homes, which have come under scrutiny in the past.

But when a man who wanted to live in an adult home challenged the regulation in state court, the state agreed to temporarily halt it — a move that could potentially dissolve the larger agreement.

The man was represented by an attorney for the adult home industry. Jota Borgmann, an attorney for the mentally ill, say emails show the attorney for adult homes potentially colluding with health department lawyers on the lawsuit. U.S. District Judge Nicholas Garaufis says if that’s case, he would consider it “a fraud” on the court.

The state attorney general was representing the Department of Health in the federal court legal settlement. Lawyers for the Attorney General have accused the state of going behind their back to halt the regulation. They’ve asked to withdraw as counsel.

Adult homes are like large group homes — many of them have more than 200 beds — that are for the frail, elderly and disabled.

The state says it can’t comment on pending litigation and any allegations of collusion are patently false.

Listen to the interview above to hear more.

Ramapo Residents Make a Stand Against Ramapo Temporary School Law – Setting a Precedent!!!!

FOR IMMEDIATE RELEASE

Ramapo Residents Fight Back Against

Ramapo Temporary School Law For Very First Time

Suffern, NY – November 7, 2016 – On June 22, 2016, Tony Mallia, Director of Building, Planning and Zoning for the Town of Ramapo, illegally issued a permit to Aron Bineth / Congregation Yeshiva Zera Yakov to allow for the conversion of a single family home at 101 Carlton Road West to a Yeshiva for 75 students. Mr. Mallia granted this permit over the objections of other Town and local fire officials who pointed out that this conversion was not legal under the Town of Ramapo Code, and who identified many health and safety issues in establishing such a project on an undersized residential lot. This permit, granted in violation of State and local law without planning board review, public hearings, or CDRC review meeting, was challenged by Local Resident Peter Katz in formal letters to the Town Board and Building Inspector. After receiving no response from the Town, Katz formally appealed to the Ramapo Zoning Board of Appeals. Katz had no choice but to petition the Supreme Court of Rockland County today to intercede, as the Ramapo ZBA approved a request by the Yeshiva’s owner/operators to adjourn the hearing of this important case while the construction continues upon the site at a breakneck pace.

The Verified Complaint filed today (Index No. 034819/2016) sets forth ten (10) causes of action, asking the Court to revoke this illegal building permit and to stop all work at the property, until same can be conducted in full compliance with State and local law.

Mr. Katz is joined by two other residents who also live within 500 feet of the property, Jack Gross and Sharon Kronenberg. All three of these Monsey/Suffern area residents are observant orthodox Jews who have sought out and obtained permission from their Rabbi to pursue this action against the Town of Ramapo.

The misuse and abuse of the Temporary Modular School Law under which this permit was approved has caused extreme divisiveness in Ramapo, particularly in the lower density residential neighborhoods of Western Ramapo. Properties housing these “temporary” schools often do not meet zoning code requirements and rely on the much too easy granting of substantial zoning variances by the ZBA. Most egregiously, as is the case in this new litigation, these projects are considered and approved without any form of public hearing as required under the law. Although these schools are supposedly only given temporary permits for one year, with a potential renewal for only one more year, the history of these projects demonstrates a complete lack of code enforcement by the Town of Ramapo. Once a “temporary school” is permitted, it remains open indefinitely.

These plaintiffs are not, of course, opposed to religious schools in their neighborhood. They are however, opposed to the pattern of disregarding the very laws which were established to protect the character of their neighborhood, to ensure the health, safety, and comfort of its inhabitants, and to ensure that their voices, and not just only the voices of developers, are heard.

# # #

Contact:

Peter Katz Phone – 845.357.0129

peterkatz99@gmail.com

 

LEGAL Filings:

Filing User Information

User Name:   STEVEN MOGEL Phone Number:   Fax Number:   Email Service Address:  smogel@sullivancountylawyers.com Work Address:

Payment Information

Amount of payment:  $210 Date of payment:  11/07/2016 Payment method:  VISA/MC Authorization code:  07240G Payment Comments:

E-mail Service Notifications Sent
Name Email Address
STEVEN MOGEL smogel@sullivancountylawyers.com
Note: Service of initiating documents and the “Notice of Availability Regarding Electronic Filing” (in consensual cases) or the “Notice of Commencement of Mandatory E-Filed Case” (in mandatory cases) must be made in hard copy (unless the party agrees to accept service by electronic means). These forms can be found on the NYSCEF site under the “Forms” menu. The served copies also must bear the assigned Index Number and the date of filing (CPLR 305).
Documents Filed

(To view a document, click the document type link)

Doc # Document Type Additional Doc Info Special Instructions Filed Date
1 SUMMONS + COMPLAINT
2 EXHIBIT(S) Copy of 5/5/16 CDRC Application & 4/4/16 Narrative
3 EXHIBIT(S) Copies of the sections of the Code
4 EXHIBIT(S) Copy of Town of Ramapo Zoning Code
5 EXHIBIT(S) Copy of 5/18/16 CDRC Memorandum
6 EXHIBIT(S) Copy of 5/23/16 Mallia Memorandum
7 EXHIBIT(S) Copies of Lepori and Picarello Memoranda
8 EXHIBIT(S) Copy of Moran Memorandum
9 EXHIBIT(S) Copy of RCSD Memorandum
10 EXHIBIT(S) Copy of Tallman Fire Memorandum
11 EXHIBIT(S) Copy of 6/1/16 CDRC agenda
12 EXHIBIT(S) Copy of 6/22/16 Permit Application & 6/22/16 Building Permit
13 EXHIBIT(S) Copy of ZBA Appeal
14 EXHIBIT(S) 10/27/16 ZBA Agenda & Correspondence
15 EXHIBIT(S) Copies of 9/1/16 & 9/16/16 Shapiro Correspondence
16 EXHIBIT(S) Copy of cited sections of 2010 NYS Building Code & NYS Residential Code
THIS E-MAIL IS INTENDED ONLY FOR THE USE OF THE NAMED ADDRESSEE(S) AND FOR THE PURPOSES OF THE NEW YORK STATE COURTS ELECTRONIC FILING SYSTEM. IF YOU ARE NEITHER THE INTENDED RECIPIENT NOR A PERSON DESIGNATED TO RECEIVE MESSAGES ON BEHALF OF THE INTENDED RECIPIENT, PLEASE NOTIFY THE SENDER IMMEDIATELY. THANK YOU.
Rockland County Supreme Court Notification 11/07/2016

Please retain this notification for your records.
The NYSCEF web site has received documents from the filing user, STEVEN MOGEL , for the following case/claim.

 

Case Information

Index #:  034819/2016 Short Caption:  PETER KATZ et al – v. – YAKOV J. OSTREICHER et al Assigned Case Judge:  No Judge Assigned

Filing User Information

User Name:   STEVEN MOGEL Phone Number:   Fax Number:   Email Service Address:  smogel@sullivancountylawyers.com Work Address:

Documents Filed

(To view a document, click the document type link)

Doc # Document Type Additional Doc Info Special Instructions Filed Date
17 ORDER TO SHOW CAUSE ( PROPOSED )   Relief Sought: Injunction/Restraining Order 11/07/2016
18 AFFIRMATION 11/07/2016
19 AFFIRMATION 11/07/2016
20 AFFIRMATION 11/07/2016
21 AFFIRMATION 11/07/2016
22 EXHIBIT(S) Copy of 5/5/16 CDRC Application & 4/4/16 Narrative Exhibit #: 1 11/07/2016
23 EXHIBIT(S) Copies of the sections of the Code Exhibit #: 2 11/07/2016
24 EXHIBIT(S) Copy of the Town of Ramapo Zoning Code Exhibit #: 3 11/07/2016
25 EXHIBIT(S) Copy of the 5/18/16 CDRC Memorandum Exhibit #: 4 11/07/2016
26 EXHIBIT(S) Copies of the 5/23/16 Mallia Memoranda Exhibit #: 5 11/07/2016
27 EXHIBIT(S) Copies of the Lepori & Picarello Memoranda Exhibit #: 6 11/07/2016
28 EXHIBIT(S) Copy of the Moran Memorandum Exhibit #: 7 11/07/2016
29 EXHIBIT(S) Copy of the RCSD Memorandum Exhibit #: 8 11/07/2016
30 EXHIBIT(S) Copies of the Tallman Fire Memorandum Exhibit #: 9 11/07/2016
31 EXHIBIT(S) Copy of the 6/1/16 CDRC agenda Exhibit #: 10 11/07/2016
32 EXHIBIT(S) 6/22/16 Permit Application & 6/22/16 Buiding Permit Exhibit #: 11 11/07/2016
33 EXHIBIT(S) Copy of the ZBA Appeal Exhibit #: 12 11/07/2016
34 EXHIBIT(S) 10/27/16 ZBA Agenda & Correspondence Exhibit #: 13 11/07/2016
35 EXHIBIT(S) 9/1/16 & 9/16/16 Shapiro Correspondence Exhibit #: 14 11/07/2016
36 EXHIBIT(S) Cited Sections of the 2010 Building Code of NYS & NYS Residential Code Exhibit #: 15 11/07/2016
37 RJI -RE: ORDER TO SHOW CAUSE 11/07/2016
E-mail Service Notifications Sent
Name Email Address
STEVEN MOGEL smogel@sullivancountylawyers.com
Parties Without Representation

Court rules require hard copy service upon non-participating and opted-out parties. NYSCEF has no record of opt out or participation recorded for the parties listed below.

Party Name Role
YAKOV J. OSTREICHER Defendant/Respondent
ARON BINETH Defendant/Respondent
CONGREGATION YESHIVA ZERA YAKOV Defendant/Respondent
ANTHONY MALLIA Defendant/Respondent
THIS E-MAIL IS INTENDED ONLY FOR THE USE OF THE NAMED ADDRESSEE(S) AND FOR THE PURPOSES OF THE NEW YORK STATE COURTS ELECTRONIC FILING SYSTEM. IF YOU ARE NEITHER THE INTENDED RECIPIENT NOR A PERSON DESIGNATED TO RECEIVE MESSAGES ON BEHALF OF THE INTENDED RECIPIENT, PLEASE NOTIFY THE SENDER IMMEDIATELY. THANK YOU.
Paul Piperato ,  Rockland County Clerk   –   Piperatp@co.rockland.ny.us
Phone:  845-638-5094     Fax:  845-638-5073     Website:  http://www.rocklandcountyclerk.com