As a result of its inability to receive expansion plan approval from the Malverne Architecture Review Board in a timely fashion, the Church of the Intercessor is poised to file a lawsuit against the Village. The church is seeking permits to expand their Sunday School rooms, build more office space and construct a new parking lot.
"They have been playing cat and mouse games," Ann Detiere, attorney for the church said. "There is a point when you have to get off the treadmill."
The decision to proceed with litigation against the village came after the last meeting of the architecture board on March 16, when the board neither approved nor denied the church's plans, and then simply adjourned.
According to Church of the Intercessor's Reverend Craig Bates, the church has been "running back and forth" between the architectural review board and the Zoning Board of Appeals in order to comply with village codes, satisfy local residents, and obtain the correct permits and variances they need in order to do their construction.
"We were not picking a fight," Rev, Bates said. "We wanted to cooperate. The village is just passing us on from one meeting to another," he added. "All we are meeting is hostility. It's a silly process that could be resolved so simply."
In response, Malverne Mayor Anthony Panzarella, who serves on the architectural board, noted that the church had some items in their plans that were not shown in the board's copy and the board wanted more time to review the application. He added that some board members were upset to see that their application differed from the plans, which the church had.
"I think there is plenty of room for agreement," Mayor Panzarella said. "A lawsuit would be counterproductive."
Mayor Panzarella added that the matter could be resolved quickly by having the review board examine the application, to make sure it conformed with the church's plans.
However, according to Rev. Bates, the members of the architectural review board left the March 16th meeting without requesting the specific type of changes the church should do. He added that the church is willing to "do anything" to comply with the codes.
"They're inviting litigation," Ms. Detiere said. "If they don't want to give us the permits we'll get the court to do it."
Controversy involving the church is not new to Malverne. During the past year, a dispute between the church and about 20 nearby residents has simmered. The community surrounding the church, located on St. Thomas Place, has expressed fears about increased traffic and that new bright lights in the proposed parking lot would shine into their homes. Currently, due to lack of space, the Sunday school is located across the street from the church and their offices are a few blocks away.
The church received the go-ahead from the Zoning Board of Appeals on January 27, after they revised their applications for the project.
Pursuant to Village law, once the variances were approved by the Zoning Board in January, the church had 90 days to present their case to the architectural board so they could obtain permits for the construction, Ms. Detiere said. 60 days have already past and the church has applied for an extension. At press time, a response to their extension request had not been received, according to Ms. Detiere.
"I'm not sure we will be at the April 18 architectural board meeting," Ms. Detiere said. "We could be in court by then."
The church originally wanted to construct 23 new parking spaces in a lot which will be reached via Linder Place. Since this lot lies in a Residential "B" district, zoning board approval was required. In their January 27th decision, the board scaled back the proposal back to allow seven new spaces.
"In making this decision, we believe that we have balanced the church's rights to exist and expand in our residential zones against the legitimate concerns of local residents who fear a further reduction of greenspace and an over intensification of land use," zoning board officials wrote in their ruling.
In making their decision, the zoning board indicated that there was no way to completely eliminate the impact that increased traffic and parking would have in the area, but they felt that the solution they had rendered would not significantly intrude on the current neighborhood.
When the new parking lot is constructed, a ten-foot "buffer zone" between the homes and the church will be provided and maintained by the church, said Mayor Panzarella.
The church has experienced a significant increase in membership during the past two decades. For example, in 1988, the total membership hovered between 30 and 50, while today, 650 parishioners from Malverne and surrounding communities belong to the congregation, with an average of about 500 attending the four Sunday services.
2. It might be worth it to also post selected excerpts from the "Memorandum Decision" by the appellate court (as distinguished from articles) cited in Avildsen v. Prystay, 611 N.Y.S.2d 188, 189-190 (1st Dept. 1994), as follows:
Orders, Supreme Court, New York County (Shirley Fingerhood, J.), entered March 19, 1993, June 21, 1993, October 5, 1993, and October 12, 1993, which, inter alia, after a nonjury trial, dismissed plaintiff father's complaint alleging defendant mother's breach of a compromise agreement entered into pursuant to Family Court Act $ 516 in settlement of a paternity proceeding; granted defendant judgment on her counterclaim for additional child support, transferred that counterclaim to the Family Court for further proceedings; and granted defendant judgment on her counterclaims for intentional infliction of emotional distress and malicious prosecution, awarded her $225,000 for pain and suffering and loss of earnings and referred the matter of the reasonable value of her attorneys' fees to a special referee to hear and report, unanimously affirmed, without costs.
Plaintiff's contention that defendant's counterclaim for intentional infliction of emotional distress and malicious prosecution are barred by res judicatta and the general release clause of the compromise agreement were previously raised and rejected by this Court ... Not expressly addressed in this Court's prior decisions was the question of defendant's claimed breach
of the compromise agreement, concerning which we agree with the trial court that there was no violation of the nonmolestation clause by reason of the "minor intrusion[s]" alleged. Nor did the trial court abuse its discretion in permitting defendant to amend her counterclaims for intentional infliction of emotional distress and malicious prosecution to include the present litigation itself...
The trial court's finding that plaintiff commenced this action maliciously was properly based on his "filing and vigorously litigating this action based on four de minimis contacts by [defendant] and then after eight years, withdrawing his claim for money damages" ... Legal fees and damages for emotional distress are both recoverable under a cause of action for malicious prosecution ... Inasmuch as the counterclaim for malicious prosecution supports the award of damages for emotional distress, the counterclaim for intentional infliction of emotional distress is redundant, but we should nevertheless note our agreement with the trial court's finding that plaintiff's pursuit of this litigation for eight years, withholding of support payments, and eve-of-trial withdrawal of his main claim for return of support payments he did make under the compromise agreement demonstrate a "deliberate and malicious campaign of harassment or intimidation" [citations omitted].
On the issue of defendant's damages for pain and suffering, the $225,000 award was supported by expert testimony and other proof that defendant suffered from stress, anxiety, lack of sleep, phlebitis, hair loss and inability to work resulting in significant debts to subsidize her legal costs and support the child. It was not necessary for defendant to show special damage ... [remainder excerpts omitted].
Wednesday, March 29, 2000
Tuesday, February 8, 2000
Village Herald -- First Lady speaks at Temple Emanu-El
By Lee Kolinsky
The Sisterhood of Temple Emanu-El of Lynbrook hosted guest speaker, First Lady Hillary Rodham Clinton, at their Shabbat Service on Friday, February 11.
Making her way into Saperstein Plaza in Lynbrook after speaking at Adelphi University and C.W. Post about lowering tuition costs, entered the temple sanctuary and walked down the aisle towards the Bima while over 1000 congregants waited in anticipation for her speech. Several minutes before Hillary Clinton, a New York State Senate candidate, would even utter a single word she was greeted by a wave of applause. As the service ended and Rabbi Stuart Gellar acknowledged the First Lady's presence, a timid applause rose from the rear and quickly spread throughout the hundreds of men and women in attendance. During his introduction, Rabbi Geller referred to Ms. Clinton's keynote address at a convention of the Union of American Hebrew Foreign Nations in 1993 in San Francisco, California. He said that 5000delegates attended the event where she spoke on the health care crisis the nation was facing.
"Mrs. Clinton is not the first candidate to address this congregation from this pulpit," Rabbi Geller said. "We feel that in bringing a political candidate to our congregation we educate ourselves and in away we educate the candidate about what we are thinking. "Although Ms. Clinton said she was not going to talk about politics, she did say a few words about community values, religion, healthcare and the educational need of children.
"I have always made it a point to speak out about the importance of religious tolerance," Ms. Clinton said. "I think that the important value of religious freedom and religious tolerance is one that we in America constantly must speak out about."
Because many parts of the world do not have such a freedom, Ms. Clinton feels that Americans should not take religious freedom for granted. She stated her belief that we should honor and value the tradition from which we all come from and respect one another's faith as well as speak out against anti-semitism and religious bigotry where ever it rears its head. Ms. Clinton added that we should make sure that the United States always remains a place where religion flourishes because religious freedom is respected and protected.
"I believe that the values that we find in our religious traditions...not only gives depth to our personal lives, but inspire us in our work on behalf of our community, and our country and our world," Ms. Clinton.
"It is in that spirit that I come to speak, particular about the needs of our children."
According to Ms. Clinton, for more than thirty years she has worked as an activist, a volunteer, a lawyer and a citizen, where she has seen the different challenges that people confront.
"I have seen what can happen when children are abused or abandoned or forgotten," Ms. Clinton said. "I have been in courtrooms fighting for the rights of foster children or working to permit a family to adopt a child who has been neglected."
Ms. Clinton reminded her audience of her previous work supporting healthcare for children. "I have been in and out of schools that I would not have left my daughter in," Ms. Clinton said. "Yet everyday little boys and girls with a bright look on their eyes... go through the doors where the paint is peeling off or the plaster is falling down to sit in classrooms where lessons are taught with textbooks that haven't been changed since the collapse of the Soviet Union...I believe that every child counts and that raising children is not only the most important job of any parent, but the most important job of any community. "As we move forward in this new century we should look inside ourselves and take the responsibility to assist families in need, according to the First Lady. In order to assist families, Ms. Clinton believes we should begin by recognizing that the family base should be strengthened and that there are a lot of stresses in raising children today. She added that providing better public education and addressing teacher shortages as well as placing qualified staff in the schools are issues we should be concerned with.
Working for the day when the country will provide pharmacy healthcare to every single American was also a concern for Ms. Clinton. Health insurance has been provided for two million children and has made it possible for those who lose their jobs or are retired to take their insurance with them.
"We must also need to make sure that doctors, nurses and professionals make decisions about our and our children's health care," Ms. Clinton said. "I also think we need to provide prescription drug coverage for people on medicare."
Ms. Clinton added that too many guns are in the hands of criminals and children, noting that 13 children a day die of gun violence. "We have too many children who accidentally find a gun and use it against themselves or their playmates," Ms. Clinton said. "We have to do everything possible to save children from guns. And we also need to continue to work to save our children from tobacco, drug and alcohol abuse."
While many seemed to embraced Hillary Clinton's visit as a gesture of sincerity, rather than an unofficial campaign event, others remained more skeptical of her appearance. "I'm a little suspicious," said Amy Kashman of Woodmere. "She sounded sincere but I can't help feeling that she was only here for our votes. "Ms. Clinton repeatedly emphasized the importance of tradition and faith as a means to fortify family and trust in our country today. She voiced her philosophies of nurturing and commitment in accordance with the temple's service that preceded her speech, making references to the Torah portion read that evening. By intertwining her own philosophies with the Jewish faith's, Ms. Clinton appeared to impress many members of her audience.
"She was very well prompted in Jewish law and Jewish life," said Diane Hirsch of Woodmere. "Especially in the way she discussed the role of family...she seemed very comfortable."
Ms. Clinton acknowledged the efforts of Temple Emanu-El and its long and great tradition of caring about many important issues and concerns in the community, throughout the state and the world.
"I wish to thank Rabbi Geller who time and time again has stood up for human rights, for freedom of choice and particularly for a woman's right to choose, for the unemployed and for those who are often left on the outskirts of opportunity," Ms. Clinton said. "He has set an example for people far beyond this congregation."
Ruth Goldenberg, a member of the Temple's Sisterhood and chorus, was particularly impressed with the level of respect that Ms. Clinton held in regards to the temple. "I thought it was very appropriate, said Mrs. Goldenberg. "The way she alluded to the evening's Torah portion, and that it wasn't interruptive of the service...I liked her before and now I just think she's so cool...Forgetting that she's running for the Senate, she's the First Lady. I felt so proud to be able to share our bema with her."
The same respect that Ms. Clinton granted her audience was recognized and reciprocated by all of those on-hand last Friday evening. "With so many children in there, you could still hear a pin drop," Ms. Goldenberg noted. “I feel very much at home being here in Saperstein Plaza," Ms. Clinton said. "The Saperstein family has brought so much, not only to the congregation and the community, but has been a source of friendship and inspiration certainly to my family and to me personally.” According to Ms. Clinton, Rabbi David Saperstein, who's father Rabbi Harold Saperstein who lead the congregation from 1933 to 1980 is a close friend and is someone she and President William Clinton often turn to for information about issues of importance to the Jewish community. She added that Rabbi David Saperstein and his father are leaders who breath life into the ideals so many share.
Many members of Temple Emanuel appeared grateful that Ms. Clinton addressed the congregation as a humanitarian, voicing her concerns as a mother and wife, despite being amidst an heated Senate race against Mayor Rudy Giuliani.
"I didn't think her speech was particularly political; it seemed specific to our congregation," said Laurie Lucks, member of the Temple's Sisterhood. Ms. Lucks noted that the First Lady's references to her friendship with David Sapertstein helped to personalize and transform Mrs. Clinton's speech into a "conversation" with the congregation. "I really was quite impressed with her," said Ms. Lucks. "I didn't go in there thinking that I would be, but I just like the way she handled the whole situation. I thought she kept it low-key. And I don't know what other people were expecting, if they wanted her to address controversial issues, and certainly this wasn't the forum to do it...I felt that it was more of a 'First Lady' type of speech than it was Senatorial. "Rabbi Geller had told the congregation he wrote a letter to invite Mayor Giuliani in hopes that he would be a guest speaker at the Lynbrook temple, but has not heard a response as of yet.
The Sisterhood of Temple Emanu-El of Lynbrook hosted guest speaker, First Lady Hillary Rodham Clinton, at their Shabbat Service on Friday, February 11.
Making her way into Saperstein Plaza in Lynbrook after speaking at Adelphi University and C.W. Post about lowering tuition costs, entered the temple sanctuary and walked down the aisle towards the Bima while over 1000 congregants waited in anticipation for her speech. Several minutes before Hillary Clinton, a New York State Senate candidate, would even utter a single word she was greeted by a wave of applause. As the service ended and Rabbi Stuart Gellar acknowledged the First Lady's presence, a timid applause rose from the rear and quickly spread throughout the hundreds of men and women in attendance. During his introduction, Rabbi Geller referred to Ms. Clinton's keynote address at a convention of the Union of American Hebrew Foreign Nations in 1993 in San Francisco, California. He said that 5000delegates attended the event where she spoke on the health care crisis the nation was facing.
"Mrs. Clinton is not the first candidate to address this congregation from this pulpit," Rabbi Geller said. "We feel that in bringing a political candidate to our congregation we educate ourselves and in away we educate the candidate about what we are thinking. "Although Ms. Clinton said she was not going to talk about politics, she did say a few words about community values, religion, healthcare and the educational need of children.
"I have always made it a point to speak out about the importance of religious tolerance," Ms. Clinton said. "I think that the important value of religious freedom and religious tolerance is one that we in America constantly must speak out about."
Because many parts of the world do not have such a freedom, Ms. Clinton feels that Americans should not take religious freedom for granted. She stated her belief that we should honor and value the tradition from which we all come from and respect one another's faith as well as speak out against anti-semitism and religious bigotry where ever it rears its head. Ms. Clinton added that we should make sure that the United States always remains a place where religion flourishes because religious freedom is respected and protected.
"I believe that the values that we find in our religious traditions...not only gives depth to our personal lives, but inspire us in our work on behalf of our community, and our country and our world," Ms. Clinton.
"It is in that spirit that I come to speak, particular about the needs of our children."
According to Ms. Clinton, for more than thirty years she has worked as an activist, a volunteer, a lawyer and a citizen, where she has seen the different challenges that people confront.
"I have seen what can happen when children are abused or abandoned or forgotten," Ms. Clinton said. "I have been in courtrooms fighting for the rights of foster children or working to permit a family to adopt a child who has been neglected."
Ms. Clinton reminded her audience of her previous work supporting healthcare for children. "I have been in and out of schools that I would not have left my daughter in," Ms. Clinton said. "Yet everyday little boys and girls with a bright look on their eyes... go through the doors where the paint is peeling off or the plaster is falling down to sit in classrooms where lessons are taught with textbooks that haven't been changed since the collapse of the Soviet Union...I believe that every child counts and that raising children is not only the most important job of any parent, but the most important job of any community. "As we move forward in this new century we should look inside ourselves and take the responsibility to assist families in need, according to the First Lady. In order to assist families, Ms. Clinton believes we should begin by recognizing that the family base should be strengthened and that there are a lot of stresses in raising children today. She added that providing better public education and addressing teacher shortages as well as placing qualified staff in the schools are issues we should be concerned with.
Working for the day when the country will provide pharmacy healthcare to every single American was also a concern for Ms. Clinton. Health insurance has been provided for two million children and has made it possible for those who lose their jobs or are retired to take their insurance with them.
"We must also need to make sure that doctors, nurses and professionals make decisions about our and our children's health care," Ms. Clinton said. "I also think we need to provide prescription drug coverage for people on medicare."
Ms. Clinton added that too many guns are in the hands of criminals and children, noting that 13 children a day die of gun violence. "We have too many children who accidentally find a gun and use it against themselves or their playmates," Ms. Clinton said. "We have to do everything possible to save children from guns. And we also need to continue to work to save our children from tobacco, drug and alcohol abuse."
While many seemed to embraced Hillary Clinton's visit as a gesture of sincerity, rather than an unofficial campaign event, others remained more skeptical of her appearance. "I'm a little suspicious," said Amy Kashman of Woodmere. "She sounded sincere but I can't help feeling that she was only here for our votes. "Ms. Clinton repeatedly emphasized the importance of tradition and faith as a means to fortify family and trust in our country today. She voiced her philosophies of nurturing and commitment in accordance with the temple's service that preceded her speech, making references to the Torah portion read that evening. By intertwining her own philosophies with the Jewish faith's, Ms. Clinton appeared to impress many members of her audience.
"She was very well prompted in Jewish law and Jewish life," said Diane Hirsch of Woodmere. "Especially in the way she discussed the role of family...she seemed very comfortable."
Ms. Clinton acknowledged the efforts of Temple Emanu-El and its long and great tradition of caring about many important issues and concerns in the community, throughout the state and the world.
"I wish to thank Rabbi Geller who time and time again has stood up for human rights, for freedom of choice and particularly for a woman's right to choose, for the unemployed and for those who are often left on the outskirts of opportunity," Ms. Clinton said. "He has set an example for people far beyond this congregation."
Ruth Goldenberg, a member of the Temple's Sisterhood and chorus, was particularly impressed with the level of respect that Ms. Clinton held in regards to the temple. "I thought it was very appropriate, said Mrs. Goldenberg. "The way she alluded to the evening's Torah portion, and that it wasn't interruptive of the service...I liked her before and now I just think she's so cool...Forgetting that she's running for the Senate, she's the First Lady. I felt so proud to be able to share our bema with her."
The same respect that Ms. Clinton granted her audience was recognized and reciprocated by all of those on-hand last Friday evening. "With so many children in there, you could still hear a pin drop," Ms. Goldenberg noted. “I feel very much at home being here in Saperstein Plaza," Ms. Clinton said. "The Saperstein family has brought so much, not only to the congregation and the community, but has been a source of friendship and inspiration certainly to my family and to me personally.” According to Ms. Clinton, Rabbi David Saperstein, who's father Rabbi Harold Saperstein who lead the congregation from 1933 to 1980 is a close friend and is someone she and President William Clinton often turn to for information about issues of importance to the Jewish community. She added that Rabbi David Saperstein and his father are leaders who breath life into the ideals so many share.
Many members of Temple Emanuel appeared grateful that Ms. Clinton addressed the congregation as a humanitarian, voicing her concerns as a mother and wife, despite being amidst an heated Senate race against Mayor Rudy Giuliani.
"I didn't think her speech was particularly political; it seemed specific to our congregation," said Laurie Lucks, member of the Temple's Sisterhood. Ms. Lucks noted that the First Lady's references to her friendship with David Sapertstein helped to personalize and transform Mrs. Clinton's speech into a "conversation" with the congregation. "I really was quite impressed with her," said Ms. Lucks. "I didn't go in there thinking that I would be, but I just like the way she handled the whole situation. I thought she kept it low-key. And I don't know what other people were expecting, if they wanted her to address controversial issues, and certainly this wasn't the forum to do it...I felt that it was more of a 'First Lady' type of speech than it was Senatorial. "Rabbi Geller had told the congregation he wrote a letter to invite Mayor Giuliani in hopes that he would be a guest speaker at the Lynbrook temple, but has not heard a response as of yet.
Thursday, January 13, 2000
Village Herald -- January 13, 2000
Lynbrook High School School-To-Work Program in 2nd year
By Lee Kolinsky
Seven life-skills students are well into their second year of Lynbrook High School's School-To-Work program, a class which prepares students for future working environments by giving them special assignments within the schools and the community.
The students volunteer their time in the business office, Kindergarten Center and at the high school doing different tasks. The jobs range from working in the zerox machine room to aiding teachers in the classroom of the Kindergarten Center.
The Lynbrook program currently includes students Joseph Day, Kate Conlin, Saeli Tavares, Jose Rivera, Elizabeth Hoeffner, John Miller and Ray Pearsall.
"[The students] are wonderful workers,' Katherine Fox, principal for the Lynbrook Kindergarten Center said. "They have been an asset."
Though the students in the program change job assignments every three months, Ms. Fox said the students in the Kindergarten Center did such a great job interacting with the students, she hopes they stay for the year.
"This is one of the best programs...we have," Ms. Fox said. "[It's] wonderful for everyone involved."
Barbara Cohen, vocational life skills teacher at Lynbrook High School said, the students are being taught responsibility and how to present themselves in the real world. The students' volunteer work consists of one period a day, three times a week.
During that time the students learn how to prepare for a job interview, write their resume and conduct themselves in a work environment.
"[They learn] everything necessary for the world of work," Ms Cohen said. "We try to prepare them as best as possible."
During the third and fourth year of the program, the life-skills students are given a volunteer job in the Lynbrook community. Each student is supervised by a job coach during the work day. A checklist is filled out and sent to the students' parents each month, detailing how well students followed directions, their quality of work, where they need improvement and their general behavior.
The work program also teaches students how to get to their jobs by public transportation. Although the school currently provides the transportation, students in their senior year must get to the job on their own.
Ms. Cohen said she believes the School-To-Work career and education counseling program is beneficial to the students and the district.
"These kids really do the job," Ms. Cohen said "They are valuable, good workers and learn skills they could actually use in a real life situation."
According to Ms. Cohen, Hewlett High School has been using the School-to-Work program for seven years and has a "mock" post office in the school where students get experience handling money and selling stamps along with various other tasks. As the program progresses, Ms. Cohen would like to see the post office exercise implemented at Lynbrook High School.
"[The School to Work program] gives [the child] more independence," Ms. Cohen said. "We want this [program] to lead to successful paying jobs."
By Lee Kolinsky
Seven life-skills students are well into their second year of Lynbrook High School's School-To-Work program, a class which prepares students for future working environments by giving them special assignments within the schools and the community.
The students volunteer their time in the business office, Kindergarten Center and at the high school doing different tasks. The jobs range from working in the zerox machine room to aiding teachers in the classroom of the Kindergarten Center.
The Lynbrook program currently includes students Joseph Day, Kate Conlin, Saeli Tavares, Jose Rivera, Elizabeth Hoeffner, John Miller and Ray Pearsall.
"[The students] are wonderful workers,' Katherine Fox, principal for the Lynbrook Kindergarten Center said. "They have been an asset."
Though the students in the program change job assignments every three months, Ms. Fox said the students in the Kindergarten Center did such a great job interacting with the students, she hopes they stay for the year.
"This is one of the best programs...we have," Ms. Fox said. "[It's] wonderful for everyone involved."
Barbara Cohen, vocational life skills teacher at Lynbrook High School said, the students are being taught responsibility and how to present themselves in the real world. The students' volunteer work consists of one period a day, three times a week.
During that time the students learn how to prepare for a job interview, write their resume and conduct themselves in a work environment.
"[They learn] everything necessary for the world of work," Ms Cohen said. "We try to prepare them as best as possible."
During the third and fourth year of the program, the life-skills students are given a volunteer job in the Lynbrook community. Each student is supervised by a job coach during the work day. A checklist is filled out and sent to the students' parents each month, detailing how well students followed directions, their quality of work, where they need improvement and their general behavior.
The work program also teaches students how to get to their jobs by public transportation. Although the school currently provides the transportation, students in their senior year must get to the job on their own.
Ms. Cohen said she believes the School-To-Work career and education counseling program is beneficial to the students and the district.
"These kids really do the job," Ms. Cohen said "They are valuable, good workers and learn skills they could actually use in a real life situation."
According to Ms. Cohen, Hewlett High School has been using the School-to-Work program for seven years and has a "mock" post office in the school where students get experience handling money and selling stamps along with various other tasks. As the program progresses, Ms. Cohen would like to see the post office exercise implemented at Lynbrook High School.
"[The School to Work program] gives [the child] more independence," Ms. Cohen said. "We want this [program] to lead to successful paying jobs."
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