Justice Gretchen Walsh's annexation decision

Dear Nieces and Nephews:

The Judge handed down her decision in the Annexation lawsuit in favor of the 164 acre annexation, the Village Board in Kiryas Joel has voted to commence the annexation process and it looks like the group of municipalities that sought to halt the annexation have decided to appeal.

Auntie and the Team thought it was worth at least a cursory glance towards Justice Gretchen Walsh’s background to understand why anyone would decide that the EIS submitted by Kiryas Joel was “adequate”. We all know that the water and sewer calculations, along with any population projections were Inadequate. 

The current area of KJ is 1.1 Square miles, which is about 705 acres. 164 acres is only 0.25 square mile. When you project out to twenty years you see plainly the 164 acres is not enough to address the needs of KJ and their real growth rate. Even with  the larger annexation bid (504 acres or 0.78 sq miles), there would be over 40,000 people in less than 2 square miles, an even more dense population than today. (BTW, “The Town of North Monroe” will add about 325 Acres or approximately 0,50 square mile.) The point is that the 164 acres is inadequate, the 325 is inadequate and the 507 is inadequate for the Village’s purposes. So what’s next? To live in Orange County you must live like sardines in a can?

Judge Walsh did not properly consider the growth rate and its effect on resources (properly done with a 20 yr horizon) such as sewer capacity; water availability; sensitive water basins; air pollution: water pollution; noise pollution and traffic. More traffic will impact a road system already overburdened by high volume and will be even more so when the casino in Sullivan County, Legoland, and water parks are built. Judge Walsh apparently did not consider that this annexation is a SEGMENT of an overall annexation land grab and contrary to SEQRA.

We also wonder how anyone could determine that it is in the “Overall Public Interest”, not just the interests of one community. How is this annexation in the interests of Monroe, Blooming Grove, Woodbury and Orange County?

STEVE SAID: that he still believes Kiryas Joel's annexation "is not in the overall public interest" - the legal standard for approving such border changes. And he is correct. Let’s hope he has stated this with conviction, but don’t be surprised if the county decides not to be included in the appeal.

Judge Walsh did not really consider the “overall public interest” in our opinion. It appears that she interpreted “public interest” as “KJ’s interest.”

After reviewing Walsh’s background, we begin to understand her decision.

Judge Walsh’s resume:

http://nebula.wsimg.com/fbbe51c5ed3fcff3c04e0745f8379bae?AccessKeyId=60BA2E91B45AE318256B&disposition=0&alloworigin=1

highlights her administrative experience (clerk to the Honorable Alan Schenkman); Surrogates court; her background in mediation/ADR; probation; youth matters  Judge Walsh was on a judicial panel with Judge Schenkman and she was also involved in panels on judicial diversity and a Task Force on Probation. 

http://www.nycourts.gov/ip/adr/CourtAnnexedADRPrograms.pdf

http://www.nycourts.gov/courts/9jd/assignterms/2016/2016_10th_term.pdf

http://www.nycourts.gov/whatsnew/pdf/ProbationReport11.08web.pdf  

Judge Walsh does have a few years’ experience as a member of the planning commission in the village of Pleasantville, where It appears she addressed routine projects and approvals, http://www.pleasantville-ny.gov/Pages/PleasantvilleNY_PCagendas/?Lower=201-220&Upper=1-200  

But nothing in her background, while admirable in some respects, screams “environmental law experience” or “great knowledge of SEQRA”

And just for fun, here is another Walsh ruling, about Carmen Dubaldi's campaign tactics:

http://www.recordonline.com/news/20160707/defamation-lawsuit-against-dubaldi-dangelo-can-proceed

“Walsh wrote that, due to the question mark, the average reader of The Sentinel ads wouldn’t assume the subject had a criminal record. She dismissed that portion of the claim.”

What would they assume? The implication was there that the plaintiff was a criminal . Most people probably focused on the “mug shot” not the question mark.

And people voted for her. Yes that's right, these judicial positions are elected.and most people do not even know what a Supreme Court Justice does. When campaigning for the spot, she opined as follows.

WALSH SAID: “I believe that my experience, qualifications, character, and dedication to the pursuit of the administration of justice make me the best candidate for Supreme Court Justice.” Walsh cites her experience in the private sector as a litigator at Kelley Drye & Warren, LLP, and in the public sector with the court system.”

“Having worked on both sides of the bench, I understand the different perspectives in a litigation and what it takes to balance the needs of the parties, attorneys and the court so that cases are resolved fairly and efficiently as justice delayed is oftentimes justice denied.” http://www.gretchenwalsh2015.com/

Auntie and the Team do not think you demonstrated “balance” and “fairness” in these matters. Let’s hope that the next level in the NYS Court system demonstrates more of those qualities. 

(FYI In NYS: the 'Supreme' Court, unlike other states is NOT the highest court in NY)

SEQRA Queen?

  

Who is the Real Jimmy O?

Dear Nieces and Nephews

Auntie and the Team are most interested in the candidates for the only county legislative race this election season. In Goshen, we have the incumbent Phil Canterino, who was appointed to fill the vacancy left by the flight of Shannon Wong. He was approved by the mostly republican local boards responsible for the appointment. Phil enjoyed their full support over Jimmy O’Donnell at that time. We think this made Jimmy mad, fighting mad. But when Jimmy fights, you don’t know it until you’re blindsided.

Fast forward to 2016 and look at the role reversal. Now, Jimmy is the fully endorsed and fully backed candidate by said republicans and Phil, who lost to Jimmy in the primary is running on, wait for it…the Democratic line! With their backing!  You see Phil did not tow the line on the sale of the mysteriously valuable land around VALLEY VIEW! Phil used reason and logic to defend his position and they don’t like that. Auntie and the Team wish him the best of luck!

So now, Jimmy, with the love and kisses of the bullies and the brainless that are in the majority on the local republican committees (and you democrats, don’t get so high and mighty because some of your committees are quite similar) Is running for the spot he lost to Phil a couple of years ago.

Let’s take a look at Jimmy’s background and “resume”.

It seems his Dad, John O’Donnell was the big boss in Gaelic Park (Bronx) at one time and was also known as John “Kerry” (he was from County Kerry- that’s in Ireland for those geographically challenged) He was not the owner of Gaelic Park as most people thought, but he leased the park. The park, currently owned by Manhattan College, was owned at the time by the MTA! (Metropolitan Transit AUTHORITY- the one that taxes residents of counties north of NYC for services they don’t use.)

John “Kerry” O’Donnell had many political connections including labor union chiefs, former governors and Paul O’Dwyer, the one-time City Council President, NYC’s Commissioner to the United Nations and John O’Donnell’s “longtime lawyer”. Paul O’Dwyer was also husband to Orange County’s own, Pat O’Dwyer! (She was wife #2).  Would this have any effect on Jimmy’s employment?

http://www.nytimes.com/1990/10/12/nyregion/at-gaelic-park-the-contest-for-control-is-off-the-field.html?pagewanted=all

http://www.nytimes.com/1998/06/25/nyregion/paul-o-dwyer-new-york-s-liberal-battler-for-underdogs-and-outsiders-dies-at-90.html?_r=0

In the 1990’s Jimmy was in the NYS Troopers, retiring in 1997 as Lt Colonel. He took about a year's hiatus, from his law enforcement career. He was working for his Dad at Gaelic Park, where he was seen scowling behind the bar. Next up, he was then Chief of Police for the MTA! (Metropolitan Transit authority) until 2003. He sojourned into Orange County Government at the behest of the former County Executive, (the one just before “Chuckles” Neuhaus) as Director of Operations after he lost his bid for Emergency Services Commissioner job to Walter Khoury. http://www.recordonline.com/article/20040304/NEWS/303049992

Next on the political fast track for Jimmy was to become Eddies Orange County Administrative Officer in 2005.  (He was appointed with the “rubber stamp” of the OC legislature)

EDDIE SAID “I will be submitting Mr. O’Donnell’s name to the County Legislature and I look forward to their confirming his appointment at their next meeting,” (or else?)

http://www.orangecountygov.com/filestorage/124/898/2483/21502/6581/07-15-05_Diana_Names_James_O'Donnell_Orange_County_Administrative_Officer_and_Steven_Gross_Orange_County_Director_of_Operations.pdf

The OC Administrative Officer position became available after Catherine Bartlett Esq. (“loving?” wife of the erasable and enigmatic William DeProspo, former OC Republican Chair) left because Gov. Pataki appointed her to the Court of Claims as a sitting Judge.  (She was just re-appointed to another 10-year term by Democrat Gov Cuomo) strange bedfellows?

Jimmy was ultimately appointed to Deputy County Executive under Eddie, a newly created position, just made for Jimmy!  He was instrumental in implementing Eddie’s master plan which included selling VALLEY VIEW.  

 

“GOSHEN - If the Orange County Legislature doesn't vote to sell the Valley View Center for Nursing Care and Rehabilitation on June 7, it's as good as voting to close it, Deputy County Executive James O'Donnell warned the Legislature's Health and Mental Health Committee on Tuesday.

        He said the county would begin the closure process the next day. All of the residents would be guaranteed by law places in other facilities within 50 miles of Valley View, O'Donnell told the committee. The shut-down process would begin by prohibiting new admissions”

http://www.recordonline.com/article/20120522/NEWS/120529922  

This is the man who is currently bringing cupcakes to the residents of Valley View and hosting barbeques. He is touting his support for keeping the facility under County ownership!!! We guess a great deal has changed since 2012. (Biter beware: your cupcake may have an eviction notice in it.)

While he was the Deputy County Executive, he was the Executive Director of the Orange County IDA and maintained that position for a while, even after his resignation as Deputy County Executive in 2013. He joined the board of directors of the Hudson Valley Economic Development Corp. (HVEDC) in 2012.

http://www.focusmediausa.com/hudson-valley-economic-development-corp-welcomes-james-odonnell-to-board-of-directors/  and was already the Executive Director of the Foreign Trade Zone. He appears to be Vice Chairman for the Newburgh Armory Unity Center., under Founding Chairman, William Kaplan the multimillionaire, accused of being a liberal who influences elections. http://www.newburgharmory.org/about-us/

Also look at Jimmy’s resume on Linked In https://www.linkedin.com/in/james-odonnell-6b531844 where he lumped all of his Orange County positions under the title “Deputy County Executive”, with no mention of Director of Operations and Administrative Officer.

 

 

And he forgot to include his self-appointed position as Ombudsman to Legoland when he went on a recent fact finding trip to Legoland California. Who paid?

 

So, Jimmy comes from an Irish immigrant family that joined the democratic party and Jimmy registered in a party (Republican) around the same time he was appointed to County Govt. Quite a change! In fact, he has changed a great deal during his career, supporting the closure or sale of Valley View, not supporting closing/selling; being a big supporter of Eddie Diana, then not being a supporter. He is Mr. Vacillation!!!

Don’t let him outside if Hurricane Matthew strikes the area; the big winds will make him change his mind so much that his head will spin more than the water buoys at Jones Beach.

As far as Jimmy’s efforts to close or sell Valley View back in 2012, do you really think he changed his mind? Or is he jumping on the currently popular bandwagon? Can you trust this man to think on his own? Or will he just be the enforcer for whomever is pulling his strings at the time?

And as bad as Steve is, do you want to go back to the days of Eddie Diana? If you are that silly, then by all means vote for Jimmy O’Donnell. A vote for Jimmy is a vote for the wind, an ill wind of the past.

 See? Even Jimmy knows he is two-faced