Susan's Dance Showcase

Susan and her partner cha-cha to "She's a Lady"

The "Drunken Diva" caught between her two wicked boys


Who carry her off into the night.

Lynne Stewart to Speak at Hofstra Legal Ethics Conference

The press release for Hofstra's University's upcoming Legal Ethics Conference describes the participants as "prominent experts in the field of ethics, as well as preeminent criminal defense and civil rights practitioners, including . . . Lynne Stewart, who has defended many unpopular clients over the years."

That description surely understates Ms. Stewart's expertise in legal ethics. Ms. Stewart is a felon. She was convicted of providing material support to terrorists by assisting one of her clients, the "blind Sheik" Omar Abdel-Rahman, in communicating from prison with his fellow terrorists around the world, a crime for which she was disbarred.

Ms. Stewart does not belong on a podium at a university. She belongs in a federal penitentiary. If Hofstra cares to explore her crimes at the conference, they can do so without her presence as they have Michael Tigar, the attorney who unsuccessfully represented Ms. Stewart, as a panelist. As her counsel, Mr. Tigar is more than capable of articulating her position; there is no need for Ms. Stewart's participation.

In my view, Hofstra has devalued its program and tarnished the reputation of the institution by associating with this notorious felon. There is still time for Hofstra to remove Ms. Stewart as a participant. Let's hope they do the right thing and dis-invite her.

Rye Town Finances Questioned Again

Every time the Town of Rye has been audited by the New York State Controller's office, serious irregularities have been found. The most recent audit found that the Town improperly awarded no-bid contracts resulting in over-spending for goods and services. Prior audits found similar improprieties. The audit results, which have been reported in the New York Times and the Journal News, have led to charges of cronyism and corruption. As reported in the Journal News on Sept. 6, 2007:

Morabito's two opponents in the race for supervisor quickly jumped on the new report. Republican candidate Joseph Carvin asked why the town "continues to violate state and town law by issuing no-bid contract after no-bid contract after no-bid contract."

"The obvious answer is that the contracts ... are awarded not in terms of who will provide the best quality service at the lowest cost," Carvin said in an e-mail, "but rather based on the vendor's willingness to provide financial and other support to Morabito's 'jobs for the boys' political machine."

Saverio Terenzi, the town accountant during the 2003 audit who is now running for supervisor on the Conservative line, said the audit confirms that the Democratic-controlled Town Board is "a cesspool of corrupt practices."

"No one does business with the town without contributing to the Rye Town Democratic Committee," Terenzi said in a statement. "These contributions are just considered a cost of doing business with Morabito's corrupt organization, and ultimately these costs are passed on to unsuspecting taxpayers."

Susan's Birthday Dinner, September 2007

On the occasion of her birthday, our friend Kris Prasad prepared a very special dinner for Susan:

Amuse Gueulles

Cauliflower Gelee with Caviar, Monkfish Medallion,
Corn Ravioli, Chicken Tikka on a Coconut-Rice Cake (Palappam)

1988 Charbaut Blanc de Blancs Reserve

1998 Dom Perignon

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Breakfast for Dinner (Ham, Eggs, Potatoes and Hold the Toast)

Culatello Ham, Potato Puree, Seven Day Cooked Egg Yolk, and Bacon Broth

1947 Chateau Bouscaut (Graves)

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Shellfish That is Not Farmed

Langoustine a la Plancha, Coon-Stripe Shrimp as Tempura and en Chemise (Tortilla)

1990 Zind Humbrecht Brand Vendage Tardive

1990 Foreau Vouvray Demi Sec

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Susan’s Bete Noir Course

Baby Squid, Langoustine Broth, Bamboo Rice Risotto Cake
and a Pipet of Fagioli e Pasta Liquid

2000 Girardin Mersault Charmes

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Sandwich: Meat, Bread, Mustard, Mayonnaise, Pickle and Tomato

Buffalo Cutlet, Maple Mustard, Wasabi Aioli, Cornichon and Pickled Yellow Pear Tomato

1999 Dujac Gevrey Chambertin Combottes

1999 Courcel Pommard Epenots

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Susan’s Italian Favorites

Veal Tenderloin wrapped in Proscuitto, Baby Arugula, and Pasta (Setaro) w/ Truffle Sauce

2003 Aldo Conterno "IL Favot"

2001 Argiano Solengo

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A Selection of Cheeses

Selles-s-Cher (Goat), Bitto (Goat and Sheep) and Petit Basque (Sheep)

1986 Gruard Larose

1999 Valdicava "Madonna del Piano" Brunnello de Montalcino

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Dessert

Chocolate Cake by Don Fujihira and Lemon Verbena Ice Cream

1993 d'Yquem

Michael Vick Indictment

I am horrified and disgusted by the charges of animal cruelty and torture alleged in the Michael Vick indictment. While Vick has not yet been tried, certainly there is substantial evidence of depraved and inhumane acts. It is shameful that he has not been suspended pending trial.

Here are excerpts from an Associated Press article reporting on the indictment:

John Goodwin of the Humane Society said the manner in which losing or unwilling dogs were killed was especially troubling.

"Some of the grisly details in these filings shocked even me, and I'm a person who faces this stuff every day," he said. "I was surprised to see that they were killing dogs by hanging them and one dog was killed by slamming it to the ground. Those are extremely violent methods of execution — they're unnecessary and just sick."

Vick and the others are accused of "knowingly sponsoring and exhibiting an animal fighting venture" and conducting a business enterprise involving gambling, as well as buying, transporting and receiving dogs for the purposes of an animal fighting venture.

About eight young dogs were put to death at the Surry County home after they were found not ready to fight in April 2007, the indictment said. They were killed "by hanging, drowning and/or slamming at least one dog's body to the ground."

The indictment also outlined a rough chronology:

In March 2003, after a pit bull from Bad Newz Kennels lost in a fight, it said Peace consulted with Vick about the losing dog's condition, then executed it by wetting it with water and electrocuting it; In March 2003, after two Bad Newz Kennels dog lost fights to dogs owned by a cooperating witness, it alleged that Vick retrieved a bag containing $23,000 and gave it to the owner of the winning dogs. One of the fights had a $20,000 purse; In the fall of 2003, a person witnessing a dog fight involving one of the dogs trained by Bad Newz Kennels incurred the ire of another cooperating witness by yelling out Vick's name in front of the crowd during the fight.

British Open

Can Tiger Woods win three consecutive British Open championships?

clipped from www.nytimes.com

BelleFair Bulletin Board

The best part of the BelleFair HOA website is the bulletin board, which is run on public domain software distributed by phpbb. Version 3.0 of the phpbb software was issued as Release Candidate 1 (RC1) in May 2007. It is now in RC3 and quite stable. Highly recommended.

BelleFair Calendar

As an enhancement to the BelleFair website, I created a calendar of events (which needs to be populated with more events and activities) that I intend to embed in a webpage. The calendar is shown below:

Mashup Map of BelleFair

Google just released some tools that make it easy for users to create mashups of maps and share them on the Internet. Click on the link below to see an annotated map of the BelleFair Homeowners Association, a community located in Rye Brook, New York.

Annotated map of BelleFair

Shaker End Table Completed

This project is now completed. It was finished with two coats of wipe-on gel varnish (General Finishes Georgian Cherry), followed by three coats of clear satin topcoat.

For more information about the table as it progressed, see postings dated Dec. 25, 2006, Jan. 8, 2007, and Jan. 19, 2007. The most challenging part involved turning the legs.

Now I just need to find a place for it.

Port Chester Village Election Enjoined

On March 2nd, United States District Judge Stephen Robinson issued an opinion finding that the at-large system of electing trustees used by the Village of Port Chester violates the Voting Rights Act. The Court enjoined the upcoming election (scheduled for March 20th). The opinion holds that the at-large system discriminates against Hispanic residents by diluting their votes. The decision amounts to a political earthquake that will revolutionize the government of Port Chester.

Shaker End Table - Work in Progress

The table is almost done. Over President's Day Weekend, I glued up the top, made the drawer, and assembled all of the pieces. The edge profile on the top is a "thumbnail" which can just barely be seen in the photo.

The table needs a few minor adjustments, a final sanding, and then a finish. I will probably use a clear satin wipe-on gel varnish which will let the cherry darken naturally over time.

For more information about this project, see postings dated Dec. 25, 2006 and Jan. 8, 2007. The most challenging part involved turning the legs.

Port Chester - Eminent Domain Lawsuit Update

Regrettably, on Jan 16, 2006, the Supreme Court denied certorari. This means that the Court will not review Didden v. Village of Port Chester (described in a posting dated Jan 13, 2006).

Port Chester - Voting Rights Lawsuit

As noted in a prior posting, the Village of Port Chester (which is immediately adjacent to Rye Brook), is a continuing source of political and legal intrigue.

Besides the eminent domain case that may be reviewed by the Supreme Court, Port Chester is also embroiled in a Voting Rights case that may become a landmark.

On Dec 15, 2006, the United States Department of Justice sued the Village of Port Chester alleging that the Village's at-large system of elections for Trustees violates the Voting Rights Act of 1965 by depriving Hispanic voters equal opportunity to elect candidates of their choice.

Along with its complaint, the DOJ filed papers seeking to enjoin Port Chester's next election, which is scheduled to be held on Mar 20, 2007. An evidentiary hearing is scheduled to be held in federal court in White Plains on Feb 12th, and a decision is expected within a few weeks of the hearing.

The essence of the complaint is that while Hispanics constitute 46% of Port Chester's population and 22% of its citizen voting-age population -- and while Hispanics are geographically concentrated and vote cohesively -- they are unable to elect candidates they prefer, because under the at-large system the white majority votes as a racial bloc to defeat Hispanic candidates.

In addition, the DOJ alleges:

"This denial of equal electoral opportunity occurs in the context of a history of official discrimination against Hispanics, racially polarized voting, the use of voting mechanisms that enhance vote dilution, political party structures that are not equally open to Hispanics, inequality in education, employment, and health that hinders the ability of Hispanic communities to participate in the political process, racial appeals in certain political campaigns, and a broad inability of minorities to win elections in Port Chester."

(DOJ Memorandum of Law at 2.)

What are the specifics that the DOJ cites in support of these allegations? They include the following:

• An affidavit submitted by Nelson Rodriguez stating that when he ran for the Port Chester School board, an anonymous letter was circulated to more affluent parts of the community asking if residents "wanted their children to have to learn Spanish," and alleging that Hispanic voters were turned away at the polls having been told, incorrectly, that they were not registered to vote.
  
  
• An affidavit submitted by Cesar Ruiz stating that when he ran for Trustee in 2001, a friend told him that "the Democrats are telling me not to vote for you because you are Hispanic."
  
  
• Several affidavits allege that Hispanics have been systematically excluded from local political party executive positions, thereby excluding them from participating in the selection of candidates. (In Port Chester, candidates for office are selected by political party bosses rather than by primaries.)
  
  
• Evidence that Hispanics have been excluded from service on Port Chester's boards and commissions.

Port Chester has vowed to fight the Justice Department suit. The Village claims that voter "apathy and not discrimination" is responsible for the election outcomes.

With the Feb 12th hearing and Mar 20th elections fast approaching, it will be interesting to watch this important case unfold.

Port Chester - Eminent Domain

I am often astonished by political events in the Village of Port Chester (which is adjacent to Rye Brook) in Westchester County.

Consider the case of Didden v. Village of Port Chester. As described by Prof. Richard Epstein of the University of Chicago Law School:

In 1999, the village of Port Chester, N.Y., established a "redevelopment area" and gave its designated developer, Gregg Wasser, a virtual blank check to condemn property within it. In 2003, property owners Bart Didden and Dominick Bologna approached Wasser for permission to build a CVS pharmacy on land they own inside the zone. His response: Either pay me $800,000 or give me a 50% partnership interest in the CVS project. Wasser threatened to have the local government condemn the land if his demands weren't met. When they refused to oblige, their property was condemned the next day.

Didden and Bologna challenged the condemnation in federal court, on the grounds that it was not for a "public use," as the Fifth Amendment requires. Their view, quite simply, was that out-and-out extortion does not qualify as a public use. Nonetheless, the 2d Circuit, in a brief and unsatisfactory decision, upheld this flexing of political muscle. At present, Didden and Bologna are working against the odds to persuade the U.S. Supreme Court to hear the case.

* * *

Didden is a particularly egregious example of pretextual condemnation and "favoritism." The owners' property was condemned only because they refused to pay Wasser the $800,000 he demanded. Yet what public benefit would follow if they had succumbed to Wasser's threats by putting the big bucks in his pocket, not the village treasury? Wasser planned to build a Walgreens pharmacy on the property-exactly the same type of use as the original owners' planned CVS. The community gained nothing from the change in ownership, while having to bear all the costs of condemnation. Didden and Bologna in effect were forced to turn over all the value gained from their site evaluation to Wasser without so much as a dime in compensation.

Epstein RA, et al, A Pretextual Taking, National Law Journal (Jan 8, 2007).

Didden has asked the United States Supreme Court to review this case. Statistically, the chances of obtaining review are low. But this is an outrageous case, and the Court may wish to use it as an opportunity to re-visit its controversial and closely-decided Kelo decision. We should know later this month.

And there is another interesting twist. Didden just announced that he is running for office (Trustee) in Port Chester in an election scheduled to be held on Mar 20, 2007. Thus, if the Supreme Court decides to review the case, and if Didden is elected to office, we will have the interesting situation of a sitting Trustee litigating the constitutional limits of eminent domain against his own Village in the Supreme Court.

And if that wasn't enough, the scheduled election might not be held because the Justice Department is suing Port Chester for alleged violations of the Voting Rights Act of 1965. The DOJ is seeking a preliminary injunction that would enjoin the election. An evidentiary hearing is scheduled to be held on Feb 12, 2007.

Shaker End Table - Work in Progress

I made a little mistake.

I thought that the tenons were a little too snug, and that the joints might be glue starved unless the fit was a little looser. So I took a shoulder plane and started removing material. I got carried away and made the tenons too thin. I'll have to buy some more cherry and re-cut the rails.