Macon, Sr. v. Bailar Reply Brief for Appellant

    UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------x
YVONNE JONES, ANITA JORDAN, APRIL JORDAN, 
LATOYA JORDAN, ANNA RAMOS, LIZETTE RAMOS, 
VANESSA RAMOS, GABRIEL RAMOS, THOMAS 
MYERS, LISA MYERS, THOMAS MYERS, JR., 
LINDA MYERS, SHAWN MYERS, ODELL A. JONES, 
MELVIN DIXON, GERI BACON, MARY WILLIAMS, 
JAMES HODGES, NATIONAL ASSOCIATION FOR 
THE ADVANCEMENT OF COLORED PEOPLE, INC., 
WHITE PLAINS/GREENBURGH BRANCH, and 
NATIONAL COALITION FOR THE HOMELESS,

Plaintiffs,

88 Civ. 7738 (GLG)

NOTICE OF CROSS-MOTION

- against -

LAURENCE DEUTSCH, COLIN EDWIN KAUFMAN, 
STEVEN NEIL GOLDRICH, MICHAEL JAMES 
TONE, COALITION OF UNITED PEOPLES, INC., 
and ANTHONY F. VETERAN, as Supervisor 
of the Town of Greenburgh,

Defendants.
x

PLEASE TAKE NOTICE, that upon the annexed affidavit of 

Colin Edwin Kaufman, sworn to December 19, 1988 and upon the 

affidavits annexed to the December 12, 1988 Notice of Motion of 

co-defendants, Defendant Colin Edwin Kaufman joins in the motion 

of co-defendants to dismiss the complaint, award reasonable 

attorneys' fees and impose sanctions against Plaintiffs' counsel, 

and, in addition to the relief sought therein, pursuant to Rule 

56(b), Federal Rules of Civil Procedure, moves for summary 

judgment, returnable on the 3rd day of February, 1989, at



10:00 a.m. at the Courthouse, for an order entering judgment in 

this matter in favor of cross-moving defendant and against 

plaintiffs.

Dated: White Plains, New York

TO: Lovett & Gould
Attorneys for Defendants 
Laurence Deutsch, Steven Neil 
Goldrich, Michael James Tone and 
Coalition of United Peoples, Inc.
180 East Post Road
White Plains, New York 10601
(914) 428-8401

Paul, Weiss, Rifkind, Wharton & Garrison
Attorneys for Plaintiffs
1285 Avenue of the Americas
New York, New York 10019
(212) 373-3000

Paul Agresta, Esq.
Attorney for Defendant 
Anthony F. Veteran 
P. O. Box 205 
Elmsford, New York 10523

December 19, 1988

QUINN & SUHR

By

Colin Edwin Kaufman 
170 Hamilton Avenue 
White Plains, NY 10601 
(914) 949-0800

2



UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------- x
YVONNE JONES, ANITA JORDAN, APRIL JORDAN, 
LATOYA JORDAN, ANNA RAMOS, LIZETTE RAMOS, 
VANESSA RAMOS, GABRIEL RAMOS, THOMAS 
MYERS, LISA MYERS, THOMAS MYERS, JR.,
LINDA MYERS, SHAWN MEYERS, ODELL A. JONES, 
MELVIN DIXON, GERI BACON, MARY WILLIAMS, 
JAMES HODGES, NATIONAL ASSOCIATION FOR 
THE ADVANCEMENT OF COLORED PEOPLE, INC., 
WHITE PLAINS/GREENBURGH BRANCH, and 
NATIONAL COALITION FOR THE HOMELESS,

Plaintiffs,

- against -

LAURENCE DEUTSCH, COLIN EDWIN KAUFMAN, 
STEVEN NEIL GOLDRICH, MICHAEL JAMES 
TONE, COALITION OF UNITED PEOPLES, INC., 
and ANTHONY F. VETERAN, as Supervisor 
of the Town of Greenburgh,

Defendants.
---------------------------------------------------- -

STATE OF NEW YORK )
) s s . :

COUNTY OF WESTCHESTER )

COLIN EDWIN KAUFMAN, being duly sworn, deposes and

88 Civ. 7738 (GLG)

AFFIDAVIT

s a y s :

1. I am one of the individual defendants in this 

action and I make this affidavit on personal knowledge in support 

of the relief sought by the motion of the co-defendants herein 

and, additionally, in support of my motion for summary judgement, 

on the grounds that as a matter of law, upon the facts alleged in 

the complaint in this action, I am entitled to a judgment in my 

favor against plaintiffs.



2 . In or about January, 1988 I learned of the

homeless housing project planned for the Town of Greenburgh where 

I reside. I thereafter reviewed the proposed project and, on 

January 21, 1988, wrote to my representative on the Westchester 

County Board of Legislators to express my opposition to the 

project for the reasons set forth in my letter, a copy of which 

is annexed hereto as Exhibit A.

3. While at the public hearing before defendant

Veteran, in respect of the petition to incorporate the proposed 

village of Mayfair-Knollwood, at 7:30 p.m. on November 1, 1988. 

I was personally served with the Summons and complaint herein.

Wherefore, it is respectfully reguested that this Court
enter judgment herein in my favor and against plaintiffs, dismiss 
the complaint against the remaining co-defendants, award all 

defendants their reasonable attorneys' fees, impose sanctions and 

grant such other and further relief as this Court deems just and 

p r o p e r .

TIMOTHY c. QUINN, JR.
■< CT ARY PUEUC. State of New York 

No 3185815
Qualified in Westchester County 

Certificate F.t3d in New York founty 
r.m.ssion Expires November 30, 1989

Sworn to before me this 
19th day of December, 1988

2



LAW O f-C tS
K a t z  &  K a u f m a n

61-25 UTOPIA PARKWAY 
FRESH MEADOWS. NEW YORK 11365

HARRY I. KATZ. P.C 
CO LN E KAUTMAN

-------- TELEPHONE
cyn th ai Hf̂ Es January 21, 1 988 nisiA63-370C
LEGAL ASS6TANT

Hon . Paul Feiner
Westchester County Board of Legislators 
Michaelian Office Building 
White Plains, NY 10601

Re: Proposed Housing Project
Town of Greenburgh

Dear M r . F e in er:

I am a homeowner on land adjacent to the northern border of 
Westchester Community College. Having now had an opportunity to 
review a copy of the Town of Greenburgh's proposal to erect a 
108 unit housing complex on the campus, I write to express my 
opposition to the project and to give you my reasons. This 
letter is personal and is not written on behalf of any group.

Initially, I note that the splash of publicity accompanying 
the January 14th announcement was the first I or any of my 
neighbors or our civic association (Mayfair-Knollwood) had heard 
of the project.

My objections to the proposal revolve around the adverse 
impact which a project of this size will have on our community 
and are comprised of four basic areas : financial, ecological
disproportionate burden and insufficient planning.

A. Financial Burden on the Community

1 . School District

The proposal indicates that children at the project 
will be transported to their home school district, 
(parenthetically, this clearly indicates that the 
intended target population is not local). Aside from 
the tremendous county tax burden imposed by 
busing about 300 kids to various schools, it appears 
obvious to me that parents, faced with a choice between 
the inner city schools from which many of their kids



*
H o n . Paul Feine r ( 2 ) January 21, 1988

come, and the Valhalla UFSD will opt for Valhalla.
After six months or a year these children could validly 
claim a right to education in the Valhalla system (and, 
as more fully discussed below, many of these people 
will certainly become permanent residents). If Senator 
Goodhue's education bill passes, of course, they won't 
have to wait. As I am advised that our system has less 
than 950 children, the effect of a one-third increase 
would be disastrous both financially and educationally.

2. Police, Fire, Sanitation, Library

The proposal makes no mention of outright grants to 
Greenburgh to pay for the increased coverage by our 
municipal departments. As one who has spent nineteen 
years in law enforcement (I left the Westchester County 
District Attorney's Office as Chief of the General 
Trial Bureau in October of last year), I am acutely 
aware that people who have little or no money, who have 
no jobs, who are physically concentrated as in the 
proposed project, and who are physically and 
economically isolated constitute the highest 
utilization group, both as victims and perpetrators, of 
law enforcement resources. 108 kitchens, 108 families 
and at least 300 children are going to require 
substantially more coverage from a Fire District which 
is in financial straits now. That number of families 
produces a lot of trash which our Sanitation Department 
will have to handle. Hopefully, some of the people, 
after a hard day searching for a job, will go to our 
library less than a mile away. By definition, none of 
these homeless people will pay taxes. Greenburgh has 
one of the highest tax rates in the county now.

3. Sidewalks

Neither Knollwood Road nor Virginia Road, the two 
outlets for the project, has sidewalks. The proposal 
makes much of the shopping in the area. Four hundred 
people walking in the road is going to make for a lot 
of kids hit by cars until someone gets the bright 
idea to put sidewalks in. Aside from the esthetic 
objections to urbanizing our area, it seems to me that 
the community will be paying for widening the road, 
purchasing condemned property on either side and 
putting in sidewalks.

A. Water & Sewer

The proposal contains a couple of lines about linking 
up the project to existing sewer and water lines. It 
is unclear who is expected to pay for this. It is 
clear that tIne tax paying community will be subsidizing 
the system-wide resource drain imposed.



(
Hon. Paul Feiner (3) January 21 , 1988

B .

C .

Ecological

1. The WCC campus is an area a balanced woodland ecology. 
It is one of the few areas of such extent in Central 
Westchester where man, woodlands, deer and other fauna 
exist in harmony and stability. This proposal will 
destroy thirty acres of woodland and treat the rest as 
a vast backyard to the project.

2. Wetlands

The farm area immediately surrounding the proposed 
project on two sides is wetlands area, protected from 
the depredations of developers by federal and state 
law. It is wholly inconceivable to me that 108 
families and service staff will not adversely impact 
this fragile ecosystem. Merely as an example, the 
project has 120 planned parking spaces (anomalous, to 
say the least for a purportedly destitute population). 
Assuming that there is not a lot of money in the 
welfare budget for oil changes, the tenants will do 
their own. Where does that 400 gallons of used motor
oil get dumped?

Disproportionate Burden

1. I do not have current statistics relating to the number 
(a curious omission from the proposal), but it seems to 
me unlikely that we have more than 30 times as many as 
the City of Mt. Vernon (going by allocated land/ or even 
more than twice as many (going by target populat i o n ). 
Accepting that it is a community responsibi1ity to 
insure that the homeless are sheltered and the hungry 
fed, shouldn't the burden be equitably distributed.

2. "Magnet School Effect"

New York City and other municipalities have long 
utilized magnet schools, with outstanding programs an 
benefits to the student to attract and hold a target 
population in the highest possible concentration. There 
is no question that one effect of this project will be 
to attract to our community a substantial group of 
citizens who for one reason or another find it difficult 
to secure or retain jobs, to secure their own housing, 
who utilize a high percentage of a community s budget 
resources and who do not pay taxes.



Hon. Paul Feiner (4) January 21, 1988

3. Neighborhood Disruption.

We have a pretty nice neighborhood of about five 
hundred households (depending on how far you go the 
numbers could go a lot higher). We could absorb, 
socially, economically and otherwise, a reasonable 
number of new households. We cannot absorb over a 
hundred new households without substantial social 
dislocation.

4. Political Bloc

The introduction of from 100 to 400 new voters in a 
small community creates a severe, externally 
imposed, strain on our political structure.
To suggest that these people not vote in our 
community smacks of disenfranchisement of the 
p o o r .

D. Planning Problems

1. No Consultation

The most glaringly obvious planning problem is that 
nobody consulted the community. We were presented with 
what purports to be a "fait accompli" by its sponsors. 
As those gentlemen may recall, government by edict has 
dismayed Americans at least since 1776. As citizens, 
we have a right to open decisions openly arrived at.
As neighbors, we have a right, at least, to 
consultation and input before such a plan is put in 
place.

2. No Consideration of Alternatives

As Mr. Cuomo may recall from reading about his 
father's exploits in Queens, scatter-site 
housing for low-income residents is normally 
preferable to a concentrated approach.
Communities have the capacity to absorb and 
mutually assist many disparate elements in 
small numbers, but often not large groups. As 
in medicine, a small dose may help, a large 
one may kill.

3. No practical Critique of Plan

It is clear that with stars (or votes) in their eyes, 
the proponents of the plan have failed to 
consider the realities of aspects of the 
project. Alleged to be "temporary housing"



Hon. Paul Feiner (5) January 21, 1988

for the homeless, it is clear that this will 
rapidly become just another permanent project. 
Of those who move in, let us posit that 75% 
want, or can be motivated to get jobs and other 
housing within 6 months. They do. They leave 
a residue of 25% who will not or cannot find a 
job or other housing. A new group replaces 
the departed 75%. Of that new group, 25% will 
be non-movers, and so on until the population 
has self-selected to a hardcore group which 
will not leave. With respect to these, or to 
those who could move but will not (there being 
no disincentive to staying), I challenge you 
to show me the politician in this world who 
will move to evict the homeless from a 
homeless shelter.

In summary, I do not believe that the legally required or 
practically necessary planning, forethought and consultation with 
the community has preceded the announcement of this project. In 
its present form, it will be a welfare barracks, which neither 
accomplishes its laudable goal nor protects the community in 
which it is sited.

As my representative on the Legislature, I urge you to 
oppose this proposal as currently envisioned pending a 
substantial review by the community involved.

CEK/sl 

cc :
(1) H o n . Edward Brady

Chairman, Westchester County 
Board of Legislators 
Michaelian Office Building 
White Plains, N.Y. 10601

Very truly yours,



Hon. Paul Feiner (6) January 21 , 1988

(2) Hon. Andrew O'Rourke 
Count y Executive 
Westchester County 
Michaelian Office Building 
White Plains, N.Y. 10601

(3) Hon. Anthony Veteran 
Town Supervisor 
Greenburgh Town Hall 
White Plains, N.Y. 10601

(4) Gannet-Westchester Newspapers 
1 Gannett Drive
White Plains, N.Y.



Index No. 88 Civ. 7738(GLG) Year 1988 
• * UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

YVONNE JONES, ANITA JORDAN, APRIL JORDAN, LATOYA JORDAN, ANNA RAMOS, 
LIZETTE RAMOS, VANESSA RAMOS, GABRIEL RAMOS, THOMAS MYERS, LISA MYERS, 
THOMAS MYERS, JR., LINDA MYERS, SHAWN MEYERS, ODELL A. JONES, MELVIN 
DIXON, GERI BACON, MARY WILLIAMS, JAMES HODGES, NATIONAL ASSOCIATION 
FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., WHITE PLAINS/GREENBURGH 
BRANCH, and NATIONAL COALITION FOR THE HOMELESS,

- against -
Plaintiffs,

LAURENCE DEUTSCH, COLIN EDWIN KAUFMAN, STEVEN NEIL GOLDRICH, MICHAEL 
JAMES TONE, COALITION OF UNITED PEOPLES, INC., and ANTHONY F. VETERAN, 
as Supervisor of the Town of Greenburgh,

Defendants.

NOTICE OF MOTION and AFFIDAVIT

Ql'INN 6i S U H R
Attorneys for Defendant Colin Edwin Kaufman

Office and Post Office Address, Telephone 
1 7 0  H A M IL T O N  A V E N U E  

W h i t e  U i .a i n k , N e w  Y o r k  10601 
(H I4) H4H-08O0

To

□  NOTICE O F ENTRY

that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on 19
□  NOTICE O F SETTLEMENT

that an order of which the within is a true copy will be presented for
settlement to the HON. one of the judges
of the within named court, at
on 19 at M.

Dated.
Yours, etc.

Ql'INN S l ' H K
A  ttornex s fo r

To
Office and Post Office Address