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September 3, 2010

Pro Bono Barrister
Verrazano Span Impact Worse Than Atlantic Yards
by Charles F Otey (edit@brooklyneagle.net), published online 12-04-2009
 

By Charles F. Otey, Esq.

Legal observers are drawing comparisons between the huge battle back over the Verrazano Narrows Bridge construction in the 1950s and the current effort of developer Bruce Ratner’s huge Atlantic Yards, which would bring the NBA Nets to downtown Brooklyn.

Lawyers and the courts have been the main tools of Develop Don’t Destroy Brooklyn (DDDB), a very effective local resistance group. Scores of laws are on the books today that didn’t exist 50 years ago when “Master Builder Robert Moses” used eminent domain to destroy 2,000 dwellings (mostly one- and two-family homes) and displace over 10,000 people to make way for the bridge’s mammoth approaches.

Laws enacted since that time enabled DDDB leaders to litigate and delay. They have s forced Ratner to limit the initial over-reaching project. In fact, if it hadn’t been for a recent favorable Court of Appeals Decision approving the condemnation of a handful of buildings in Ratner’s way, the Atlantic Yards may have been doomed. The Nets would probably have stayed in New Jersey.

The DDDB people promise to carry on. And they should. Yet, in this troubled economy leaders such as Mayor Mike Bloomberg and Borough Marty President Markowitz have reiterated their support for the Atlantic Yards, which will bring thousands of jobs and hundreds of millions of dollars in construction.

And this is where any parallels between DDDB and the “Save Bay Ridge Committee” that opposed Moses in the 1950s must fail. Greater Bay Ridge — also identified as southwest Brooklyn — lost almost 15 per cent of its largely residential territory with construction of bridge approaches. In exchange, the remaining residents received only a massive polluting series of highways!

In sharp contrast, Downtown Brooklyn will see a healthier economy. Housing and business there will dramatically improve.

This is not to say that Ratner and his plans are valid and final. Solid and sensible opposition remains such as that voiced by Assemblyman Jim Brennan, who correctly complained to one newspaper that the Empire State Development Corporation, the overseeing agency. “has handed over to Forest City Ratner control of 22 acres of Brooklyn, no strings attached.”

Unlike the emperor-like authority granted to Robert Moses more than half a century ago, there are a myriad of legal and regulatory hurdles Forest City Ratner must yet deal with. If Ratner’s opponents are truly interested in developing Brooklyn, they’ll switch gears and direct their considerable energy and talent to making sure the final project serves the borough’s best interests.

* * *

Inn To ‘Treat’ Members With Holiday Party

President Helene Blank this week invited Kings County Inn of Court members to the Inn’s Holiday Celebration set for Monday, Dec. 14 at 6 p.m.

Since membership is important, President Blank noted that members will be admitted to a delicious repast at no charge when they gather at Ennino & Michael Restaurant at 539 LaGuardia Pl.

The Inn just completed its final 2009 CLE legal presentation on “Expert Witnesses” with a quality panel headed by Justice Gloria Cohen Aronin and highly skilled defense attorney Rosario Marquis D’Apice, aided and abetted by the brilliant and always witty Larry DiGiovanna.

Other Inn officers assisting President Blank this year are President-elect Justice Gerard Rosenberg, Counselor D’Apice, Treasurer Marc Dittenhoefer and Secretary Justice Ellen Spodek. Immediate past president is Justice Neil Jon Firetog. President Emeritus is former Justice Edward Rappaport.

Inn Executive Director Jeff Feldman is working on the Holiday Party with Inn Administrator Marie Lattanzi, secretary to Justice Rosenberg, who points out that there while members will be hosted at no cost to them, there will be a charge for ‘guests’ of members. Reservations should be made by contacting her at (347) 296-1513.

Inn Masters include former Kings Administrative Justice Abraham Gerges, Justice Gloria Cohen Aronin, Appellate Division Justice Cheryl Chambers, Civil Administrative Justice Sylvia Hinds-Radix, Criminal Administrative Justice Barry Kamins, Justice Marsha Steinhardt (a former president), Justice Arthur Schack, Steve Finkelstein, Dave Chidekel, Mark Longo, Steve Goolnick, retired Appellate Division Justice Gabe Krausman and Harvey Weitz.

* * *

Timely Public Forum A ‘Bargain’ for Debtors

Since this is the season when too many of us traditionally spend more money than we have — and we are still in a severe economic recession — barristers in all areas of practice are getting requests for advice from clients, friends and family on how to handle ‘debt.’

That’s why there’s particular value available when “various perspectives on consumer debt issues” will be reviewed by a panel of experts at the 123 Remsen St. headquarters of the Brooklyn Bar Association on Dec. 14.

Sidney Cherubin, the supervising attorney for the Brooklyn Volunteer Lawyers Project, says the program starts promptly at 6 p.m., Dec. 14 at BBA headquarters, 123 Remsen St. On the value-packed agenda are the following::

“What you need to know about consumer debt law and the decision to hire an attorney” by attorney Jeffrey Benjamin.

“What to expect when you represent yourself in a consumer debt action ... How to defend yourself in a consumer debt action” by Steven Grant.

“Interplay between bankruptcy and consumer debt issues” by David Doyaga, a past BBA president. This is a team effort by the BBA, the BBA Foundation and the BBA Volunteer Lawyers Project. Reservations can be made through BBA Executive Director Avery Eli Okin at (718) 624 0675 or aokin@brooklynbar.org.

* * *

Will Salahis Profit From Flight to ‘Reality’?

Ever try to sneak into the subway by walking through the emergency gate or leaping the turnstiles? Probably not, because to do so one would risk arrest for “theft of services.” A “desk appearance ticket” or even a court arraignment and a fine could result. Citizens risk all of this for just a couple of bucks.

Many an otherwise “respectable” and late-running commuter has, when their “swiped” card fails and they may be late for a court calendar call, attempted to get through quickly without paying. This is not because they had the intent to steal, but because they were motivated primarily by a desire to carry out their other responsibilities.

T.A. cops, however, aren’t sympathetic and they’ve arrested lawyers as well as students who have simply forgotten to bring their school transit passes.

Having said all this. what should be done about would-be television reality stars Michaele and Tareq Salahi? They clearly “stole” a valuable item — a ticket to the White House to schmooze and pose with President Barack Obama, Vice President Joe Biden and a host of other dignitaries. Equally certain is that they hope to collect millions of dollars on so-called “reality” television.

We have laws on the books that prevent trespassing felons from selling their stories. Isn’t potentially endangering the president in order to make millions of dollars a felony? Hopefully this question will soon be answered in the affirmative. (Congressional hearings were scheduled for Thursday and, after the usual posturing, the panel will appropriately excoriate the wrongdoers!)

They did it for money and were immediately selling their gate-crashing stories to television producers who will buy just about anything from anybody if they think it will give them a “bump” in their ratings. The Secret Service is admittedly embarrassed and so is the White House. Typical of his challenging first year in office, the president is seeing any possible positive coverage of his major “state dinner” (with the leader of India) subverted to second lead-story status or worse on television because the Salahis wanted to turn a tidy profit at the government’s expense.

Felonious profit aside for the moment, if the Salahis aren’t prosecuted, there will certainly be a flood of like-minded gate-crashers intent on selling their cupidity to yawning abyss of 24-hour television. TV Commentator Ed Rollins, for a change, had it right, when he said, “They basically trespassed. These people want a reality show, give them one. It’s called the ‘Dealing With the Federal Prosecution System.’”

* * *

PRO BONO BARRISTER is a weekly column dedicated to telling about the good that lawyers do. Send your comments or suggestions to this writer care of this newspaper or to COTEYESQ@aol.com.

* * *

Questions? Comments? Sound off to the Editor

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© Brooklyn Daily Eagle 2009 All materials posted on BrooklynEagle.com are protected by United States copyright law. Just a reminder, though -- It’s not considered polite to paste the entire story on your blog. Most blogs post a summary or the first paragraph,( 40 words) then post a link to the rest of the story. That helps increase click-throughs for everyone, and minimizes copyright issues. So please keep posting, but not the entire article. arturc at att.net

 



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