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Department of Law Office of the County Attorney - Westchester

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					       Department of Law
  Office of the County Attorney


       2011 Budget Presentation

                Robert F. Meehan
                County Attorney



Robert P. Astorino         Ken Jenkins, Chair
County Executive           Board of Legislators
Mission Statement

        The mission of the Department of Law, Office of the County Attorney, is to respond effectively
to the needs of County officers, boards, departments and agencies, regarding legal counsel and
representation. The County Attorney is charged by law to serve as legal counsel to the County
Executive, the Board of Legislators, and to the County and all of its constituent departments, agencies
and boards. The mission of the County Attorney is achieved in a variety of ways, including: the
rendering of legal advice to County officials and employees in order to assist them on various projects
the County is undertaking or contemplating undertaking; the preparation and review of legal documents;
the drafting of legislation; the rendering of legal opinions, and the advocacy of the County’s interests in
trial and appellate courts, including special administrative proceedings. In providing legal services to
the County, the Office of the County Attorney endeavors to reduce actual and potential future liabilities
and financial exposure of the County and to maximize receipts of monetary sums to which the County
may be entitled. The Office of the County Attorney seeks to assure that the County workplaces are free
of discrimination and harassment and that County contracts and business opportunities are awarded
fairly and openly, with women and minorities having equal access.

        In addition the Office of the County Attorney seeks to protect the interests of children,
disadvantaged adults, and society from domestic violence and abuse. Our Family Court Bureau acts to
safeguard children from acts of abuse and neglect and to establish and collect child support from legally
responsible parents. The Office of the County Attorney presents cases of juvenile delinquency to the
Family Court in order to protect the public from dangerous juveniles and to rehabilitate juveniles in
order to assist them in growing into productive members of society.




                                                        1
Tax Levy
            Currently, the Law Department’s approved modified budget for 2010 is $12,343,076.
    The 2011 Law Department Budget proposes an expense budget of $11,562,359, which is a
    decrease of $780,717 over the 2010 Modified Budget. Our 2011 Budget proposes a negative tax
    levy of (-3,501,135).

Expenditures
    Annual Regular (1010)
           The 2011 Requested is $496,322 less than our 2010 Adopted Budget. This is due to the
          reduction of nine positions.

    Hourly (1200)
           The 2011 Requested for our hourly account is $0 which is a $13,625 decrease from our
           2010 Adopted Budget due to an elimination of hourly workers.

    Overtime (1400)
           The 2011 Requested is $2,000 which is the same amount as in our 2010 Adopted Budget.
           This amount is based upon work performed by support staff on Election Day and the day
           after Thanksgiving, which are days the Law Department is required to work despite the
           County Offices being closed.

    Replacement Equipment (2300)
          The 2011 Requested is a reduction of $10,000 from our 2010 Adopted Budget. We are
          able to achieve these saving by eliminating the purchase of Law Book updates and
          renewals along with office equipment, software updates.

    Printing & Office Supplies (3600)
            The 2011 Requested is a decrease of $4,600 from our 2010 Adopted Budget based upon
            our reducing paper use.

    Postage Cost (3700)
           The 2011 Requested is a decrease of $2,600 from our 2010 Adopted Budget.

    Equipment Service & Rental (4070)
          The 2011 Requested is an increase of $2,992 from our 2010 Adopted Budget. This
          increase is related to our conversion to the West Law on-line service contract to
          accommodate the needs of BOL & BOE.

    Membership Fees (4100)
         The 2011 Requested is $1,047 less than our 2010 Adopted Budget.

    Travel & Meals (4110)
                                                  2
            The 2011 Requested is $3,995 less than our 2010 Adopted Budget.



     OSHA Safety Program (4225)
          The 2011 Requested is $27,000 less than the 2010 Adopted Budget.

     Educational Training (4360)
            The 2011Requested is $13,000 less than the 2010 Adopted Budget.

     Technical Services(4420)
           The 2011 Requested is the same as the 2010 Modified Budget. This expense includes the
           cost of the Labor Negotiator and Arbitrators. The breakdown of arbitration cases are as
           follows: 90% of our arbitration fees are attributable to contract grievance and disciplinary
           arbitrations held with COBA and its members (the other ten percent are attributable to
           PBA and CSEA contract grievances). In the case of PBA and CSEA, the costs of the
           hearings (which averages $1,500/day or a 25% fee increase) are evenly split between the
           respective union and the County. In the case of COBA, the fees are split up to the point
           where the union has expended $20,000 on arbitration fees in any given year. Once that
           threshold is met, the County assumes 100% of the costs for the remainder of that year. In
           2007, the union threshold was met in mid-February. The increase in the number of
           arbitration dates can be attributed to several factors: 1) the expiration of the COBA and
           PBA contracts; 2) the limit on the number of COBA disciplinary arbitrations has been
           raised by agreement from 3 to 5 per month.

     Litigation (4923)
             The 2011 Requested of $519,000 is a $258,100 increase from the 2010 Adopted Budget.
             The amount requested for this account is as a result of a number of negotiated renewals
             and contingency our 2010 amount was not a sufficient amount as it relates to court
             related charges.

     Interdepartmental Charges
            The 2011 Requested Budget is a decrease of almost $109,731 from the 2010 Adopted
            Budget. This is due largely to a decrease in the amount that IT charges for services, Data
            Processing charges and charges for the Record Center storage.



Revenue

            The Law Department’s hourly rate charged to all County departments for law services for
            the current year is $140.81. The calculated rate for 2011 budget is $144.50. This hourly
            rate represents all billable hours produced by our Assistant, Senior and Associate County
            Attorneys, however it excludes all hours produced by the Assistant Chief Deputy County
            Attorneys, Chief Deputy County Attorney and County Attorney.


     Interdepartmental Revenue (9508)
                                                     3
       The 20011 allowed figure for Interdepartmental revenue for the Law Department is
       $11,442,848. This is an increase of approximately $62,254 over 2010 estimates.

Departmental Revenue
      The 2011 allowed revenue figure for Departmental revenue is $3,620,646.
      This is an increase of $ 223,961 from 2010 estimates due to an increase in billable hours
      to Risk Management, Environmental Facilities and Westchester Community College.

The increases in both Interdepartmental and Departmental revenue are due to the higher attorney
hourly rate as well as the ever-increasing caseload for the Law Department.




                                               4
Introduction

The structure of the Law Department reflects the constant striving to fulfill its duties and responsibilities in the
most efficient and responsible manner possible. The Law Department is divided into four bureaus, each of
which is focused on the different components of the “Operation of the Law Department”. In addition to the
four Bureaus, the Department is responsible for the Office of Risk Management, which evaluates and reviews
the County’s risk exposure. The organization of the Department is summarized in the following chart:



                                                                  County Attorney



                                          Administration & Operations




        Risk Management               Litigation           Contracts & Real Estate   Family Court   Appeals Opinions & Legislation




        The Department of Law occupies approximately 23,000 square feet of space, utilizing the entire
sixth floor and a portion of the second and seventh floors of the Michaelian Office Building. The
Department is in proximity to the County Executive’s Office, the Board of Legislators, the Federal and
County Court House Buildings, the District Attorney’s Office and many of the other County
Departments that it serves.


       The Law Department’s overall staffing level for 2011 has decreased by nine employees for a
       total of 100 personnel. This number represents the number of authorized positions. The
       composition of the County Attorney’s office is shown below.




                                                                  5
The Law Department staff consists of the following positions (including Risk Management):

                        Law Department Staffing Levels
     2005                  32                72
     2006                  32                72
     2007                      33
                                             73
     2008                      34                             Support
                                              77
                                                              Staff
     2009                      33
                                              77
     2010                  32                 77
     2011                 28                 72

            0      20          40    60       80     100

Title                                                         Number of Positions
County Attorney                                                         1
Chief Deputy County Attorney                                            1
Assistant Chief Deputy County Attorney                                  3
Director of Risk Management                                             1
Associate County Attorney                                               9
Senior Assistant County Attorney                                       20
Assistant County Attorney                                              38
Special Assistant to the County Attorney                                1
Senior Risk Management Analyst                                          1
Management Assistant (Investigations)                                   0
Risk Management Analyst                                                 1
Executive Secretary to the County Attorney                              1
Program Specialist (Law) backfill                                       1
Program Specialist (Risk Management)                                    0
Paralegal                                                               4
Sr. Info Systems Clerk                                                  1


Title                                                         Number of Positions
Office Asst. Word Processing                                            1
Messenger                                                               0
Staff Assistant (Risk Management)                                       1
Accounting Control Specialist                                           0
Legal Secretary II                                                      5
Legal Secretary I                                                       9
Docket and File Clerk                                                   1
Receptionist                                                            1
Total                                                                 100


                                              6
       Administration
       County Attorney                             1        Litigation Bureau
       Special Assistant to County Attorney        1        Asst Chief Deputy County Attorney   1
       Executive Secretary to County Attorney      1        Associate County Attorney           2
                                                            Sr. Assistant County Attorney       8
       Receptionist                                1        Assistant county Attorney           7
                                                            Program Specialist (Law)            1
                                                   4        Paralegal                           2
                                                            Legal Secretary II                  1
                                                            Legal Secretary I                   4
                                                                                                26
       Appeals, Opinions
       Chief Deputy County Attorney                1        Contracts Bureau
       Associate County Attorney                   3        Asst Chief Deputy County Attorney   1
       Sr. Assistant County Attorney               1        Associate County Attorney           2
       Assistant County Attorney                   1        Sr. Assistant County Attorney       2
       Legal Secretary II                          1        Assistant County Attorney           8
                                                   7        Paralegal                           1
                                                            Legal Secretary II                  1
                                                            Legal Secretary I                   2
                                                                                                17
       Family Court Bureau
       Asst Chief Deputy County Attorney           1        Risk Management
       Associate County Attorney                   2        Director of Risk Management         1
       Sr. Assistant County Attorney               9        Sr. Risk Management Analyst         1
       Assistant County Attorney                   22       Risk Management Analyst             1
       Docket and File Clerk                       1
       Paralegal                                   1        Staff Assistant (Risk Management) 1
       Legal Secretary II                          2
       Sr. Information Systems Clerk               1                                            4
       Legal Secretary I                           2
       Office Assistant Word Processing            1
                                                  42

        The 2011 Law Department Budget shows a reduction of nine position for a total of 100 total
staff, however, the number of cases continues to increase along with the complexity of the matters
handled by the Law Department. Very often, the most complicated matters are also the most time
sensitive. Managing these matters requires maximum effort and commitment by staff, with concomitant
strain on personnel. The results of these efforts show in the number of notable successes achieved thus
far in 2010 by the Office of the County Attorney. Pursuant to Chapter 158 of the Laws of Westchester
County, only the County Attorney and his staff are authorized to provide legal services to the County
and its Departments.




                                                        7
Revenues

       The increase in case levels is evident in all bureaus and involves all legally mandated services,
including but not limited to family court proceedings, litigation defense of the County, legislation,
contract preparation and review, appeals and advisory opinions.




                                                Number of Cases

         40,000
                                                                                      35,470       36,100
                                                                         34,574
         35,000                                 32,809       32,943
                                   30,998
                       29,685
         30,000

         25,000

         20,000

         15,000

         10,000

           5,000

               0
                   2005 Actual 2006 Actual 2007 Actual 2008 Actual 2009 Actual       2010         2011
                                                                                   Estimated    Projected




                                                         8
                         Breakdown of Cases by Bureau

Bureau                2008 Actual     2009 Actual         2010 Estimated     2011 Projected
Litigation                3,602            3,747               3,950              4,015
Appeals                   1,472            1,560               1,710              1,805
Contracts                10,483           11,412              11,600             11,800
Family                   17,386           17,855              18,210             18,480
Grand Total              32,943           34,574              35,470             36,100



The Law Department generates two separate revenue streams:

       - Departmental revenues are generated through charges billed to other funds including the
6-N Fund, Sewer, Water, and Refuse Disposal District Funds and the Westchester Community
College Fund. This billing is generated as a result of legal services that are provided by the Law
Department to these entities.

       - Inter-Departmental revenues are received from County departments for which the Law
Department performs essential legal services. Departments included in this revenue stream
include the following: Public Works, Human Resources, Public Safety Services, Parks and
Recreation, Planning, County Clerk, Department of Social Services, Community Mental Health,
the Budget Department, Finance, the Department of Health, Information Technologies,
Probation, Corrections, Transportation, etc.

        These billing charges are based on the number of hours that each attorney spends
providing legal advice, research or services for each of these Departments on various matters.
Charges are based on hourly rates derived from the Law Department’s operating costs and these
rates are established each year in conjunction with the Budget Office when the County’s Budget
is prepared. The hourly rate is based on the Law Department’s direct and indirect costs, while it
excludes the usual and customary expenses incurred in representing our clients in such accounts
as contractual services, technical services and litigation. The hourly rate for the current 2010
fiscal year is $140.81 per hour.

        The reason that billable hours are used both with cases handled by this Department and
outside counsel is one of accountability and fiscal responsibility. The department being
represented is then charged with monitoring their use of attorney’s time much like private
practice. It has also allowed the Law Department to clearly track the hours attorneys spend on
various legal matters. In short, it is a system of checks and balances for legal work of the
County.
        .




                                                9
       Breakdown by Revenue Category

                                  2010 Estimated Billing by Revenue Category
                                               117,305 Hours Departmental
                                         Non‐Billable
                                        22,858 Hours                         19,173 Hours
                                            19%                                  16%




                                                                                 Inter-Departmental




                                                                             75,274 Hours
                                                                                 64%




         As indicated by the above chart approximately 19% of the Law Department service
hours are not billable. This equates to approximately 22,858 hours of client services. This
includes services provided to elected officials including the offices of the County Executive, the
Board of Legislators and the District Attorney as well as statutorily mandated juvenile
delinquency prosecutions. The County Attorney and the Deputies in charge of each bureau do
not bill for direct client services or supervision, nor are their hours included in these figures.
Notwithstanding the fact that the Deputy County Attorneys do not bill for their time, they are
primarily responsible for providing legal advice directly to the Board of Legislators.
Specifically, in January of 2008, the Board of Legislators appointed a Litigation Subcommittee
which considers all legal matters both before the full Board as well as any other legal matter
being handled by the Law Department. The Assistant Chief Deputy County Attorney in charge
of the Litigation Bureau must appear before this Subcommittee as well as the County Attorney
and Chief Deputy County Attorney at various times. In addition, the Assistant Chief Deputy
County Attorney in charge of the Litigation Bureau appears before the Board’s Committee on
Budget and Appropriations on a regular basis with regard to case settlements, requests to
initiate litigation and other various legal matters that require Board of Legislator approval. The
Deputy County Attorney in charge of the Contracts and Real Estate Bureau frequently appears
before various Board Committees with respect to contractual, affordable housing and energy
issues. The County Attorney or his designee attends all of the regular and special meetings of
the Board of Legislator and attends, as requested, various Board Committee meetings with
regard to proposed legislation. It is estimated that the County Attorney, Chief Deputy County
Attorney and the Assistant Chief Deputy County Attorneys make approximately 200 to 250

                                                        10
appearances before the Board of legislators on various issues in a year. Non-billable services
also include all attorney time billed directly to the Law Department.

        The vast majority of the Law Department’s revenue that is billable comes from Inter-
Departmental billing, which comprises 64% of the attorneys’ work time or approximately 75,274 hours
for the 2010 fiscal year.

        The second largest source of revenue for the Law Department is Departmental billing. Billing to
Environmental Facilities, Public Utility Agency, Risk Management, Westchester Community College,
and the Division of Solid Waste billing is considered Departmental billing. Each of these Departments
contains their own separate funds and therefore their billing is maintained in a separate revenue stream
than the Inter- Departmental billing. We estimate that the attorneys will spend approximately 19,173
hours on Departmental matters for the 2010 fiscal year or 16%.

       The breakdown of non-billable services is detailed in the chart below:



                         2010 Projected Non-Billable Revenues: 22,858 Hours
                                                         GNO
                              WDA
                                                      2535 * Hours
                            168 Hours
                                                         11%
                               1%
                                                                          CXX
                                                                       3036 Hours
                                                                          13%




                BOL
             4164Hours
                18%




                                                            JDU
                                                        12,776 Hours
                                                            56%




       BAC-3 Hours    TXX-162 Hours     VOP-4 Hours      WCHCC-10 Hours




                                                            11
       *These figures exclude the approx. 32 days on average that each attorney submits for leave
(annual, personal, sick, extended leave, and County Holidays).

        Please be advised that this number represents only the work performed for the BOL by attorneys
required to bill for their time. This number does not include the hours devoted to BOL work handled by
the Assistant Chief Deputy County Attorneys, the Chief Deputy County Attorney and the County
Attorney who do not bill for their time. Since a good portion of the work for the BOL is carried out by
the top management of the Law Department, including the estimated time of the Deputies and County
Attorney in the calculation would increase the non-billable hours for the BOL from 19% to
approximately 22% of the total number of non-billable revenue.

        For the fiscal year that will end December 31, 2010 the Law Department is projecting to provide
approximately 94,447 hours of billable client services, yielding over $13,223,524 from both revenue
streams: Inter- Departmental and Departmental. If the number of hours for non-billable services is
included, then the number of hours for the year increases to approximately 117,305 hours. We have
seen an increase in litigation as a result of our current economic crisis. In difficult economic times,
those who are suffering most are the poor and disadvantaged who will look to the County to provide
them with needed services. History shows that during economic downturns, Medicaid and Human
Services caseloads increase dramatically. While there is a greater demand for government funded
services, we are left with diminishing budgets and decreases in state and federal funding to provide
those services. .

                Moreover in 2011, in addition to the usual workload, including that reflected in the
highlights of law department accomplishments for 2010 which follow herein, we anticipate performing
extensive legal work related to: implementation of the terms of the ADC stipulation including legislation
and potential litigation as necessary and appropriate.

        As you know the DWI Forfeiture Law, enacted in 2009, becomes effective in December 2010.
In the law Department’s 2010 budget proposal it was indicated that additional staff would be required to
support the program as follows: one (1) assistant county attorney; one (1) paralegal; and one (1) legal
secretary, who would all work exclusively with DWI forfeiture matters. Those positions were not
funded and are not requested herein. We have learned that Nassau County has successfully employed
outside counsel on a contingency basis for its DWI forfeiture program and it is proposed that
Westchester County do the same.




                                                       12
The projected Inter-Departmental breakdown of revenue for 2010 is charted below.



                                      2010 Projected Inter-Departmental Revenues           DSS

                                                                                           DCR
                                                  OTHER
                                                   7%
                                            BGT                                            DOH
                                            2%

                                   DTR
                           PRC /PLD 1%
                                                                                           PLN
                             3%

                              FNC                                                          DPW
                               3%
                         CC/CCPP
                            3%                                                             CC/CCPP
                   DPW
                    3%
                              PLN
                              5%
                                                                                           FNC
                                                                      DSS
                               DOH                                    66%                  PRC/PLD
                                2%

                                    DCR
                                     5%                                                    DTR

                                                                                           BGT

                                                                                           OTHER




The projected breakdown of the Departmental revenues for 2010 is shown below:


                                     2009 Projected Departmental Revenues
                                                                     DXF      DSW
                                                                     6%        0%
                                                           WCC
                                                            4%
                                                                                    PUA
                                                                                    0%




                                     RSM
                                     89 %




                         DXF                 DS W              PUA     RS M         W CC



                                                          13
        Risk Management’s departmental revenue is derived from reimbursement from the 6-N fund for
expenses associated with the investigation and claims management of general, automobile, public
officials and medical malpractice liability claims. Staff time is allocable to this function in addition to
other indirect costs.

                          Risk Management Quantitative Indicators

                                             2009 Actual       2010 Estimated     2011 Projected
Medical Malpractice WMC:                             14               14                  15
                Medical Malpractice *                17                 14                25
                General Liability                   196               200                205
                Automobile Liability                 56                 58                60
Third Party Recoveries                        $429,000           $350,000           $375,000
Driver Abstracts Reviewed                         3,718             3,700              3,700
Contracts Reviewed                                4,189             4,200              4,200
Safety Related Meetings **                          156               160                160

*These are Medical Malpractice claims by inmates against our correctional health services.

** Asbestos Training, Fire Warden Training, Respiratory Protection Training.


       Text Box: Note: *Medical Malpractice WMC are claims that the County is named in and the
Office of Risk Management tracks to insure the all contractual obligations are being met under
indemnity provisions of the Medical Center agreement.




                                                        14
Law Department Accomplishments 2010


Appeals, Opinions and Legislation Bureau

     Name of Accomplishment: Conducting Freedom of Information Law (“FOIL”) Training
     for County Employees
     When Initiated: 2004
     Current Status: Several presentations conducted each year. Also available upon request of
     Commissioner/Department Head.
     Description: This presentation, to be provided by members of the Law Department, will contain
     information, including the most recent updates to the Freedom of Information Law and general
     guidance to County officers and employees who are designated to be the FOIL officers of their
     particular County department, in accordance with the New York State Public Officers Law and
     the Laws of Westchester County. The objective of these seminars is to educate County
     employees on various FOIL issues and procedures.
     Dollars Saved: The dollars that have been saved as a result of this ongoing initiative cannot be
     calculated by a specific dollar figure. Nevertheless, the absence of, or decrease in, the amount of
     legal opinions and/or lawsuits which may result from errors in responding to requests for release
     of information certainly results in a cost savings to the County.

     Name of Accomplishment: County’s Voluntary Separation Incentive Program
     When Initiated: 2010
     Current Status: Completed
     Description: - legislation to provide an incentive to County employees to voluntarily separate
     from County service.
     Dollars Saved: The County has saved money by reducing the County’s workforce.

     Name of Accomplishment: State Early Retirement Legislation
     When Initiated: 2010
     Current Status: Completed
     Description: - legislation to opt into and provide the open periods for early retirement for
     County employees in accordance Chapter 105 of the Laws of 2010
     New York State Legislation.
     Dollars Saved: The County has saved money by reducing the size of the County’s workforce.

     Name of Accomplishment: County Health Insurance Contribution
     When Initiated: 2010
     Current Status: Completed
     Description: - legislation to require certain non-represented managerial employees to contribute
     to the overall cost of the premium rate of the basic County health insurance plan.
     Dollars Saved: The County has saved money by reducing the overall cost of the health care
     program.

     Name of Accomplishment: Reduction in Sick Leave Buy Out
     When Initiated: 2010
     Current Status: Completed

                                                     15
Description: - legislation to reduce the maximum number of days for certain non-represented
managerial employees from 125 to 50.
Dollars Saved: The County has saved money by reducing the overall cost of the sick leave buy
out program.

Name of Accomplishment: Jacqueline Byrnes v. County of Westchester:
When Initiated: 2008
Current Status: Completed
Description: By Notice of Petition dated February 26, 2008, Byrnes commenced an Article 78
proceeding against Commissioner of Social Services Kevin P. Mahon and the County of
Westchester challenging the Commissioner’s determination to terminate her. Byrnes alleged
that: (1) Commissioner Mahon was disqualified and should have recused himself from rendering
the final determination; (2) Byrne’s due process rights was violated by the County’s selection of
Hearing Officer Ponzini; and (3) the punishment imposed on Byrnes was excessive. By
Decision, Order and Judgment dated October 8, 2008, the Supreme Court denied the Article 78
petition and dismissed the proceeding. Byrnes appealed to the Appellate Division, Second
Department. On April 27, 2010, the Appellate Division affirmed the decision in favor of the
County and held that there was no merit to the Byrne’s contention that (1) she had been denied a
fair hearing; or (2) the Commissioner of Social Services for the County of Westchester should
have been disqualified from rendering a final determination on the ground of prejudgment.
Dollars Saved: The County has saved money by litigating this matter in house and by prevailing
on the lawsuit.

Name of Accomplishment: Matter of Babio v. Westchester County Department of
Correction
When Initiated: 2008
Current Status: Completed
Description: Petitioner Correction Officer commenced a special proceeding pursuant to Article
75 of the CPLR, on or about May 21, 2008, seeking to vacate an arbitrator’s award, dated
December 20, 2007, finding that although he was suffering from a psychological injury, that
injury was not disabling. Petitioner sought a “clarification” of the award by correspondence
dated February 14, 2008. By correspondence, dated April 8, 2008 the Arbitrator declined to
reconsider his award of December 28, 2007 inasmuch as he no longer had jurisdiction.
Petitioner argued in his Article 75 action that the April 8, 2008 correspondence of the Arbitrator
constituted an amended award. By Short Form Order, entered on September 11, 2008, the
Supreme Court dismissed the petition finding that it was untimely because it was commenced
more than 90 days subsequent to receipt of the December 28, 2007 award. The Petitioner
appealed by Notice dated November 20, 2008. The matter was fully briefed in the Appellate
Division which entered a Decision and Order on February 2, 2010, affirming the Order of the
Supreme Court in favor of the County.
Dollars Saved: The County has saved money by litigating this matter in house and by prevailing
on the lawsuit.

Name of Accomplishment: Matter of Peil v. Beirne
When Initiated: 2009
Current Status: Completed
Description: The Petitioner was a former DOIT employee who was terminated, on January 13,
2009, following a hearing conducted pursuant to Section 75 of the Civil Service Law. At that
                                              16
hearing, records of Petitioner’s use of his electronic access card were introduced to demonstrate
that he had left work early on over 130 occasions between January of 2007 and September of
2007. Petitioner challenged his termination in an Article 78 proceeding commenced in the
Supreme Court on or about April 21, 2009. In that action, Petitioner sought reinstatement with
back pay. The matter was transferred to the Appellate Division by Order dated May 12, 2009.
The matter was fully briefed and by Decision and Judgment, dated April 27, 2010, the
determination was confirmed in favor of the County and the petition was dismissed.
Dollars Saved: The County has saved money by litigating this matter in house and by prevailing
on the lawsuit.

Name of Accomplishment: Matter of Miller v. Mulligan
When Initiated: 2008
Current Status: Completed
Description: The Petitioner was a former Section 8 voucher holder who commenced an Article
78 proceeding, on or about January 17, 2008, to challenge the expiration of her voucher.
Petitioner secured a voucher on April 13, 2007 with a stated expiration date of June 13, 2007.
Pursuant to the regulations governing the Section 8 program, a family becomes a participant
when a Housing Assistance Payments contract (“HAP”) is entered into with a landlord. The
Petitioner wished to enter into a HAP with her then current landlord and the Section 8 Office
approved the apartment following the required Housing Quality Standards inspection. A HAP
was then forwarded to the landlord, who for reasons unknown, declined to execute it. The
Voucher, after extensions to the six month maximum permitted by regulation, then expired. The
County moved to dismiss the Petition for failure to state a cause of action because it was without
discretion to grant any further Voucher extensions. By Decision and Judgment, entered March
12, 2009, the Supreme Court granted the County’s motion and the Petitioner appealed by Notice,
dated March 30, 2009. The matter was fully briefed in the Appellate Division which entered a
Decision and Order, on May 4, 2010, affirming the Order of the Supreme Court in favor of the
County.
Dollars Saved: The County has saved money by litigating this matter in house and by prevailing
on the lawsuit.

Name of Accomplishment: Matter of Ammann v. Odestick
When Initiated: 2009
Current Status: Completed
Description: The Petitioner was a former DOIT employee who was terminated, on May 26,
2009, following a hearing conducted pursuant to Section 75 of the Civil Service Law. At that
hearing, records of Petitioner’s use of his electronic access card were introduced to demonstrate
that he had left work early on over 300 occasions between February of 2007 and July of 2008.
Petitioner challenged his termination in an Article 78 proceeding commenced in the Supreme
Court on or about June 29, 2009. In that action Petitioner sought reinstatement with back pay.
The matter was transferred to the Appellate Division by Order dated August 4, 2009. The matter
was fully briefed and by Decision and Judgment, dated May 11, 2010, the determination was
confirmed in favor of the County and the petition was dismissed.
Dollars Saved: The County has saved money by litigating this matter in house and by prevailing
on the lawsuit.

Name of Accomplishment: Matter of Bartolini Landscaping, Inc. v. Brown
When Initiated: 2009
                                        17
Current Status: Completed
Description: The Petitioner Landscaper was cited, on February 9, 2009, for five violations of the
Westchester County Consumer Protection Code for failing to include certain information on a
home improvement contract. At the ensuing administrative hearing, the Petitioner argued that
the document at issue was an estimate that did not constitute a contract. The Department of
Consumer Protection countered that the estimate which included, among other things, a
description of the work to be done, was the functional equivalent of a contract. In his report,
which was adopted by the Sealer, the Hearing Officer sustained four of the charges and
recommended a fine of four thousand dollars. Petitioner commenced an Article 78 proceeding in
the Supreme Court, on or about April 25, 2009, alleging that the foregoing determination was not
supported by substantial evidence. By Order, entered September 25, 2009, the matter was
transferred to the Appellate Division where it was fully briefed. Thereafter, by Decision and
Judgment, entered on June 15, 2010, the Appellate Division confirmed the determination in
favor of the County and dismissed the petition.
Dollars Saved: The County has saved money by litigating this matter in house and by prevailing
on the lawsuit.

Name of Accomplishment: Eminent Domain Legislation
When Initiated: 2009
Current Status: Pending.
Description: Revised a proposed local law which would prohibit the County from using the
power of eminent domain to acquire property for private development. Provided legal insight
into the limitations created by the New York State Eminent Domain Procedure Law and help
craft the proposed local law to avoid those problems.

Name of Accomplishment: Code of Ethics Legislation
When Initiated: 2010
Current Status: Pending.
Description: Drafted legislation which, if enacted, would provide for the retention of an
independent examiner to determine if financial disclosure forms were completed in accordance
with the Westchester County Code of Ethics.

Name of Accomplishment: Emergency Forms
When Initiated: 2010
Current Status: Completed
Description: Revised and updated the necessary forms for the County Executive,            or his
designee, to declare a State of Emergency in the County, and to impose necessary restrictions in
such an emergency situation.

Name of Accomplishment: Workplace Violence Prevention Program
When Initiated: 2010
Current Status: Completed.
Description: Drafted a revised executive order to accompany the County’s new Workplace
Violence Prevention Program. This revised order was to update the County’s Workplace
Violence Prevention Program in accordance with the rules promulgated by the New York State
Department of Labor, which were not in     effect at the time of the original order.

Name of Accomplishment: Housing Opportunity Commission
                                      18
When Initiated: 2009
Current Status: Completed.
Description: This Office drafted legislation to: (1) amend the duties and responsibilities of the
Housing Opportunity Commission; (2) eliminate the sunset date for the Commission; and (3)
amend composition and operation of the Housing Opportunity Commission, including, for
example, reducing the number of members from fifteen (15) to eleven (11) and changing the
requirement that the Commission meet once of month and setting the number of meetings to a
minimum of six (6) times per year.

Name of Accomplishment: Board of Acquisition and Contract
When Initiated: 2010
Current Status: Pending
Description: This Office drafted legislation to limit the powers of the County Board of
Acquisition and Contract and to require certain contracts, including those contracts which exceed
ten million dollars ($10 million), be approved by the County Board of Legislators.

Name of Accomplishment: Avitat v. County of Westchester, et al.
When Initiated: 2010
Current Status: Completed
Description: The Appellate Division, Second Department, affirmed a decision of the
Westchester County Supreme Court which held that the Airport Manager properly granted both
light general aviation fixed based operators at the Airport, Panorama and Million Air (formerly
Westair), limited permission to pour jet fuel to their customers pursuant to the terms of their
respective lease agreements. Avitat, a fixed base operator at the Airport, had argued that
permission to engage in this commercial activity was not provided for in the lease agreements
without additional contract modification approval by the Board of Legislators, and that the
Airport Manager did not otherwise possess authority to grant such permission. Avitat sought
declaratory and injunctive relief against the County, as well as damages against Panorama and
Million Air for tortious interference with prospective economic advantage, tortious interference
with business relations, and unjust enrichment. The Court concluded that the County, Panorama
and Million Air “proffered documentary evidence which conclusively established, as a matter of
law, defenses to the substantive allegations in the amended complaint.”
Dollars Saved: The County has saved money by litigating this matter in house and by prevailing
on the lawsuit.

Name of Accomplishment: G & C Transportation, Inc. v. Westchester
County Taxi and Limousine Commission, et al.
When Initiated: 2009
Current Status: Completed
Description: The Appellate Division, Second Department upheld a Westchester County
Supreme Court ruling dismissing a challenge to the authority of the Westchester County Taxi
and Limousine Commission ("WCTLC") to require out-of-county for-hire vehicles and operators
that pick up or drop off passengers in Westchester County to be licensed by the WCTLC. The
plaintiff taxi service was licensed by Newburgh, New York authorities and was not licensed by
the WCTLC. The plaintiff was cited for unlawfully operating a for-hire vehicle
without appropriate permits when picking up and dropping off passengers at the Westchester
County Airport who were being transported by the plaintiff to and from points outside of
Westchester County. The plaintiff sought a judgment declaring that Westchester County is
                                               19
without authority to regulate livery and/or taxicab services not operating wholly within
Westchester County, and that applicable WCTLC regulations are invalid. However, the plaintiff
had previously sought and was denied identical relief in another case brought before the
Westchester County Supreme Court a year prior to bringing the instant proceeding. The Second
Department ruled that Westchester County met its burden of establishing that the plaintiff was
precluded from relitigating the issue under the doctrine of collateral estoppel.
Dollars Saved: The County has saved money by litigating this matter in house and by prevailing
on the lawsuit.

Name of Accomplishment: Old St. George’s v. Bianco, et al.
When Initiated: 2009
Current Status: Completed
Description: The plaintiffs had alleged that the Town of Yorktown, various elected and
appointed officials of the Town of Yorktown, former County Legislator George Oros and the
County violated their substantive and procedural due process rights, First Amendment rights to
petition the government for redress, and engaged in a conspiracy to violate their civil rights,
arising from their application for inclusion into the County’s Agricultural District. The plaintiffs
had applied to the Town of Yorktown for a permit to engage in a winery and retail wine business
on their property in the Mohegan Lake section. The plaintiffs had earlier entered into an
agreement with the County in which they agreed to grow grapes on County property at Hilltop
Hanover Farm. The plaintiffs intended to process the grapes grown at Hilltop Hanover Farm
into wine at their Mohegan Lake property. However, Yorktown denied their winery application
on the grounds that the property was zoned for residential use. Rather than apply for a zoning
amendment, the plaintiffs applied to the County for inclusion of their property in the County’s
Agricultural District pursuant to the New York State Agriculture and Markets Law. The
plaintiffs’ intent was to secure protection from Yorktown’s zoning restrictions through inclusion
in the County’s Agricultural District. Former Legislator Oros, as the legislator in whose
jurisdiction the proposed winery was located, publicly opposed the plaintiffs’ application.
Ultimately, the BOL did not act upon the plaintiffs’ application. The plaintiffs made many
allegations in their complaint against the town officials, including an allegation that their winery
permit application was denied following their refusal to pay “graft” money, and that town
officials “sabotaged” the plaintiffs’ Agricultural District application, as well as other
applications, including a State Liquor Authority application. The plaintiffs also alleged that
former Legislator Oros engaged in a politically motivated “behind closed doors” campaign to
convince the BOL to abstain from action on their application in violation of their rights. The
federal district court dismissed the plaintiffs’ action in its entirety based upon their failure to
state any cognizable claims against the defendants. In affirming the federal district court’s
decision dismissing the First Amendment retaliation claim, the United States Court of Appeals
for the Second Circuit ruled that: (1) the plaintiffs’ complaint did not allege that their First
Amendment rights were “chilled” by any of the defendants’ actions; and (2) it was just as
plausible that the County’s failure to act upon the plaintiffs’ Agricultural District application was
motivated by the plaintiffs’ failure to make “a good faith effort to secure all local permits and
approvals” as the County’s Agricultural Board had clearly requested. The Court also concurred
with the district court’s conclusion that the complaint failed to state causes of action for denial of
the plaintiffs’ substantive and procedural due process rights. Additionally, the Court ruled that
the plaintiffs waived all constitutional claims, as well a claim for breach of the covenant of good
faith against the County. Finally, the Court ruled that the plaintiffs’ complaint failed to state a
conspiracy claim because they did not allege any violation of their civil rights.
                                                   20
Dollars Saved: The County has saved money by litigating this matter in house and by prevailing
on the lawsuit.

Name of Accomplishment: Calorie Labeling Legislation
When Initiated: 2010
Current Status: Adopted as Local Law
Description: The County’s original calorie labeling local law, which required certain chain food
service establishments to post calories on menus and menu boards, was preempted by
substantially similar provisions of the federal Patient Protection and Affordable Care Act.
However, the federal law permitted State and local governments to enact and enforce calorie
labeling laws that are identical to the federal law. Accordingly, a new County calorie labeling
local law was adopted to replace the original which is the duplicative equivalent of the federal
law. Adoption of this new law permits the County to enforce calorie labeling requirements on
the local level.

Name of Accomplishment: Cyber-bullying Legislation
When Initiated: 2010
Current Status: Pending before Committees on Legislation and Community Services
Description: This proposed legislation is intended to address the electronic bullying of minors
by establishing criminal sanctions for such conduct. As proposed, the legislation would, if
adopted, prohibit severe, persistent and pervasive electronic communications targeting a minor
which a reasonable person would know could result in, and in fact does result in: placing such
minor in reasonable fear of physical injury or property damage; or a substantial detrimental
effect on such minor’s emotional health or well-being.

Name of Accomplishment: Consolidation of Department of Emergency Services and
Department of Public Safety
When Initiated: 2010
Current Status: Pending before Committees on Legislation and Public Safety and Security
Description: This proposed legislation would, if adopted, abolish the Department of Emergency
Services as a separate agency, and transfer its powers, functions and duties to the Department of
Public Safety.
Dollars Saved: Through streamlining and elimination of redundant activities, it is estimated that
the County would realize savings as follows: End of Year 1 - $730,000; End of Year 2 -
$1,300,000; and End of Year 3 - $1,740,000.

Name of Accomplishment: Consolidation of Department of Community Mental Health
Services and Department of Health
When Initiated: 2010
Current Status: Pending before Committee on Government Reform, Efficiency and Savings
Description: This proposed legislation would, if adopted, abolish the Department of Community
Mental Health Services and transfer all of its duties, functions and powers to the Department of
Health.
Dollars Saved: The County would realize savings through streamlining of functions and
elimination of redundant activities.

Name of Accomplishment: Consolidation of Department of Transportation and
Department of Public Works
                                        21
    When Initiated: 2010
    Current Status: Pending before the Committees on Legislation and Public Works, Parks, Labor
    and Transportation
    Description: This proposed legislation would, if adopted, abolish the Department of
    Transportation and transfer all of its functions, powers and duties to the Department of Public
    Works.
    Dollars Saved: The County would realize savings through streamlining of functions.

    Name of Accomplishment: Municipal Separate Storm Sewer System (MS4) Legislation
    When Initiated: 2010
    Current Status: Adopted as Local Law
    Description: In accordance with federal and State mandates, this Local Law regulates the use of
    the Westchester County Municipal Separate Storm Sewer System (MS4), and provides penalties
    for the misuse thereof.
    Dollars Saved: The County has saved money by complying with the New York State grant
    requirements and avoiding penalties associated with noncompliance.


    Name of Accomplishment: Plastic Recycling Expansion
    When Initiated: 2010
    Current Status: Public hearing scheduled for November 8, 2010.
    Description: This proposed legislation would, if adopted, require waste generators to recycle
    plastics with resin identification code numbers one (1) through seven (7). Under current law,
    waste generators need only recycle plastics with resin identification code numbers one (1) and
    two (2).




Contracts Bureau

    Name of Accomplishment: Planning Department Grant Contract Forms
    When Initiated: N/A
    Current Status: Ongoing
    Description: Provided legal advice and counsel to the Department of Planning in regards with
                                                   22
drafting the contracts to be used by the Planning Department in connection with receipt of
funding under various grant programs including the Community Development Block Grant
(“CDBG”) program and grants through the New York State Affordable Housing Corp. (“AHC”).

Name of Accomplishment: Fair and Affordable Housing (“FAH”)
When Initiated: 1990s
Current Status: Ongoing
Description: Providing legal advice, drafting, negotiation services and legislation in connection
with the use of funds from the following capital projects BPL10 - New Homes Land Act
(“NHLA”), BLA01 - Housing Implementation Fund (“HIF”) and BPL50 Fair and Affordable
Housing (“FAH”), as well as Community Development Block Grant (“CDBG”) funds and grants
from the New York State Affordable Housing Corp. (“AHC”) in support of the following
projects:

       •    Fox Island Affordable Housing Development in the Village of Port Chester –
            this project has been completed with unit sales on-going;

       •    330 Riverdale Avenue Affordable Housing Development in the City of Yonkers
            – this project is under construction. Assistance is being provided to Planning in
            connection with receipt of approvals necessary to reduce the approved period of
            affordability for the Development;

       •    37 Wildwood Avenue Possible FAH Development – Planning is in on-going
            discussions with the monitor to determine eligibility;

       •    Academy Place aka 25 State Street in Ossining Affordable Housing
            Development in the Village of Ossining – this project rec’d approval as “Academy
            Place” that deal subsequently died due a number of outside factors. Law is currently
            assisting Planning in connection with receipt of approvals for a new incarnation of
            the project;

       •    Round Top FAH Development on Route 9A in Town of Cortlandt – Law is
            currently assisting Planning in connection with seeking the necessary approvals to
            develop more than 90 fair and affordable rental units;

       •    Tarrytown Road FAH Development in the Town of Greenburgh – Law will be
            assisting Planning in connection with seeking the necessary approvals to develop
            additional fair and affordable rental units;

       •    Fairview Manhattan Park Apartments Affordable Housing in the Town of
            Greenburgh – Law has drafted an HIF IMA agreement to construct infrastructure
            improvements; however Planning advises that the project is currently pending;

       •    55 Pleasant Avenue FAH in the Village of Pleasantville – Law has been working
            with Planning to seek appropriate approvals to move forward to develop an
            ownership unit with ancillary rental unit;


                                               23
•   Grant Parks in the City of Yonkers – Law provided assistance in connection with
    provision of HIF funds to construct infrastructure improvements in the City of
    Yonkers. This project is currently under construction;

•   60 West First Street Affordable Housing Development in the City of Mount
    Vernon – Law provided assistance in connection with approving and closing this
    rental housing project. The project is currently under construction;

•   Edgar Place FAH Development in the City of Rye – The Law Department has
    prepared legislation to approve funds for land acquisition and infrastructure
    improvements in connection with the development a total of 22 units, including 4
    market rate units and 18 Affordable AFFH Units. Law will prepare the documents
    for the proposed closing.

•   Freedom Gardens FAH Development in the Town of Yorktown – Law is
    providing assistance to Planning in developing this 3 unit affordable rental project
    intended for adults with disabilities. Law will assist Planning with the legislation
    and is will prepare the closing documents.

•   Ossining TB Flats in the Village of Ossining – A total of 12 affordable housing
    ownership units have been completed and unit sales are ongoing.

•   Warren Avenue Affordable Housing Project in the Town of Greenburgh – Law
    has drafted an HIF IMA agreement to construct infrastructure improvements;
    however Planning advises that the project is currently pending and is awaiting final
    Town approval.

•   River Pointe at Drum Hill in the City of Peekskill – The Law Department
    prepared legislation to approve funds for land acquisition and infrastructure
    improvements, along with all closing documents in connection with the development
    a total of 43 affordable units, including 11 age restricted units. The units have been
    completed and unit rentals are about to begin.

•   The Mews at Baldwin Place in the Town of Somers – The Law Department
    prepared legislation to approve funds for land acquisition and infrastructure
    improvements, along with all closing documents in connection with the development
    a total of 73 affordable units. The project is currently under construction.

•   42 First Avenue FAH Development in Pelham – Law will be assisting Planning in
    connection with seeking the necessary approvals to develop the proposed fair and
    affordable units;

•   Ashburton Avenue in the City of Yonkers – The Law Department prepared
    legislation and drafted an intermunicipal agreement with the City of Yonkers in
    connection with the Housing Implementation Fund (“HIF”) fair and affordable
    housing project known as the Ashburton Senior Apartments. Pursuant to the
    Agreement, the City will ensure that certain infrastructure improvements, including
                                        24
           but not limited to, construction of curbs, sidewalks, paving, parking, lighting,
           grading, landscaping, drainage systems, will be constructed in support of the 49 unit
           Ashburton Senior Apartments.

       •   Revolutionary Road FAH Development in the Village Briarcliff Manor – Law
           anticipates assisting Planning in connection with seeking the necessary approvals to
           develop an SRO consisting of 9 proposed fair and affordable units.

       •   LaPorte FAH Development in the City of Mount Vernon – At the request of the
           BOL, the Contracts Bureau is preparing a draft IMA in connection with seeking the
           necessary approvals to provide NHLA and HIF funds in support of the proposed fair
           and affordable rental units.

Name of Accomplishment: Fair and Affordable Housing Settlement
When Initiated: 2009
Current Status: Ongoing
Description: The Contracts Bureau has assisted the Administration, Board of Legislators and the
Planning Department in connection with review of the requirements of the Settlement
Agreement with regard to specific transactions and legislation, such as Act No. 11-2010 that
approved 2010 CDBG funding expenditures, subject to specific conditions. For example, the
Bureau has had to determine how to implement Settlement Agreement obligation to
“affirmatively further fair housing” (“AFFH”) in CDBG project agreements in light of the
conditions imposed by the Board of Legislators in Act No. 11-2010 and the AFFH obligation
contained in the existing Urban County Cooperation Agreements. The Law Department has
worked with the Planning Department and has reviewed and revised the form of CDBG project
agreement to address these issues. Subject to a necessary revision of Act No. 11-2010, an
alternative form of CDBG agreement for “ineligible municipalities” is currently under review to
address objections raised by those communities.

Name of Accomplishment: Neighborhood Stabilization (NSP) Program
When Initiated: 2009
Current Status: Ongoing
Description: Provided legal advice and counsel to the Department of Planning in regards with
drafting the agreements between the State and County, and the County and contractors in
connection with the NSP affordable housing program.

Name of Accomplishment: Biological Nutrient Removal (“BNR”)
When Initiated: 2008
Current Status: Ongoing
Description: Assisted the County Executive’s Office and Department of Environmental
Facilities (“DEF”) with respect to compliance with the revised Order on Consent with the New
York State Department of Environmental Conservation, which altered the County’s obligations
under the original Consent Order. The Law Department reviews certain filings and established a
procedure for requesting confidentiality of sensitive information. On-going capital projects
being implemented by DEF include:
        • SLI01 - Long Island Sound BNR Remediation approving a Bond Act, in the total
             amount of $234,700,000;
        • SLI02 - Environmental Benefit Projects approving a Bond Act, in the total amount
                                                25
           of $780,000 to fund the costs of certain environmental:
       •   SLI03 - Long Island Sound BNR Water Quality Improvement Project to add an
           appropriation of $1,920,000, including grant funds, as well as a bond act in the
           amount of $450,000; and
       •   SNR06 - New Rochelle WWTP Composite Performance Implementation/Plant
           Expansion approving a Bond Act, in the total amount of $173,000,000

Name of Accomplishment: County Water Districts No. 1 & No. 3
When Initiated: 2007
Current Status: Ongoing
Description: The Law Department continues to the assist the Department of Environmental
Facilities (“DEF”) in connection with numerous water improvement projects including:

       •   Gate of Heaven Pump Station Rehab – The Law Department has been working to
           facilitate a new connection to obtain water from a Mount Pleasant during a pending
           shutdown of the Catskill Aqueduct to ensure a supply of water to County Water
           District No. 3 at Grasslands. This connection involves a rehab/replacement of the
           County’s Gate of Heaven pump station, including uv disinfection of the water supply
           to County Water District No. 3. This project has entailed working closely with the
           New York City Department of Environmental Protection ("DEP"), gate of Heaven
           Cemetery and the Town of Mount Pleasant. The project has required numerous
           legislative approvals and Board of A&C approvals. The Law Department has
           worked to put in place agreements with the following:

           New York City Water Board,
           Town of Mount Pleasant,
           Gate of Heaven Cemetery, and
           Metro North.

           DEP is in the process of seeking appropriate approvals to grant the County an
           easement in order to facilitate this project.

       •   Supply of post UV treated water to County Water Districts No. 1 and No. 3 –
           The Law Department is working closely with DEF and DEP to ensure a supply of
           post UV treated water to the County Water Districts given the fact that the County is
           currently mandated by the New York State Department of Health (“NYSDOH”) and
           by the United States Environmental Protection Agency (“EPA”), pursuant to the
           EPA’s Long Term 2 Enhanced Surface Water Treatment (“LT2”) rule, to provide, as
           early as 2012, a higher level of treatment to water in order to control microbial
           pathogens. In order to comply in a timely manner, the County must make substantial
           improvements to its drinking water treatment and distribution systems over the next
           several years. At this time the County anticipates using ultraviolet (“UV”) treatment
           of its water supply. The Department currently estimates the cost of necessary
           improvements to the County water treatment and distribution systems to be in the
           range of $40 to $141 million dollars dependent upon available technology and
           locations of the treatment alternatives. The Law Department has worked to put
           agreements in place with the following entities in order to connect to DEP’s yet to be

                                              26
            constructed UV disinfection facility at Eastview –

            Village of Briarcliff Manor
            Village of Tarrytown
            Village of Sleepy Hollow
            Westchester Joint Water Works;
              Village of Mamaroneck;
              Town of Mamaroneck; and
              Town/Village of Harrison.

       •    Proposed Amendment to Section 33.10 – The Department has requested
            preparation of proposed Home Rule Legislation to amend §33.10 of the Local
            Finance Law so as to exempt the above referenced water projects from the $10
            million dollar bond cap as the work is mandated to comply with federal and state law
            and the County would have to pay cash for all work in excess of the current bond
            cap. The Department has also requested preparation of legislation for a public
            referendum in case the exemption doesn’t move forward.

Name of Accomplishment: County Water District Miscellaneous Projects
When Initiated: 2007
Current Status: Ongoing
Description: Law assists the Department of Environmental Facilities in connection with
numerous miscellaneous projects, such as a permit agreement for work to be done on DEP’s out-
fall pipe located at the Kensico Dam.

Name of Accomplishment: Westlake Sewer Improvements
When Initiated: 2009
Current Status: Ongoing
Description: Provided assistance to the Department of Environmental Facilities to draft an
agreement (and related legislation) whereby the County would receive a grant from DEP to
construct certain sewer improvements.

Name of Accomplishment: Watershed / East of Hudson
When Initiated: 2007
Current Status: Ongoing
Description: Assist the Department of Environmental Facilities (“DEF”) in connection with the
disbursement of East of Hudson (“EOH”) grant funds to various municipalities for certain
approved water improvement projects, including preparation of legislation and agreements,
including:

       •    Loan to the Town of Somers. Prepared approvals and agreement necessary to
            distribute exceed Two Hundred Thousand ($200,000) Dollars (the “EOH Loan
            Funds to the Town of Somers to finance a study of the feasibility of creating a
            regional Stormwater Entity and developing a regional stormwater retrofit plan;

       •    Stormwater Retrofit Projects. Law is working with the Administration and the
            DEF to authorize the County to enter into an inter-municipal agreement (the “IMA”)
            in an approximate amount of $10 million dollars with the twelve municipalities with
                                              27
            land area in the New York City drinking water supply watershed, which
            municipalities have formed the Croton Kensico Watershed Intermunicipal Coalition
            (“CKWIC”). The Law Department has distributed a draft IMA to the CKWIC
            municipalities for review.

       •    Quarry Heights Tributary Sewer System Project. The Law Department did
            extensive research in connection with a Board of Legislators request to enable use of
            $1,084,844 from the East of Hudson Water Quality Investment Program Fund (the
            “EOH Funds”), to finance eligible expenses incurred in connection with capital
            project SM087 (Quarry Heights Tributary Sewer System) for the benefit of the rate
            payers in the Mamaroneck Valley Sanitary Sewer District.

Name of Accomplishment: Westchester County Health Care Corporation IGT
When Initiated: 2009
Current Status: Completed
Description: Provided legal advice and counsel to the Board of Legislators with regard to
intergovernmental transfers and Medicaid payments. Worked closely with Board’s consultant to
curtail the costs of the consulting contract by initiating and arranging conference calls, collecting
and distributing data, fact checking and proof reading consultant’s opinion.

Name of Accomplishment: Westchester County Health Care Corporation Cooperation
Agreement First Amendment
When Initiated: 2009
Current Status: Completed
Description: Provided legal advice and counsel to the Board of Legislators, researched and
drafted legislation, Board of Acquisition and Contract resolution and agreement to enter into a
First Amendment to the Cooperation Agreement with WCHCC.

Name of Accomplishment: Westchester County Health Care Corporation Debt
Restructuring/Guaranty Proposal
When Initiated: 2010
Current Status: Ongoing
Description: Providing legal advice, counsel and other legal services concerning the recent
proposal from the WCHCC to restructure certain debt, issue new senior debt and for revised
and/or new County guarantees on subordinate debt.


Name of Accomplishment: Miscellaneous Westchester County Health Care Corporation
Matters
When Initiated: 1998
Current Status: Ongoing
Description: Provide legal advice and counsel, research and drafting services, including drafting
of necessary legislation, Board of Acquisition and Contract resolutions and agreements to
various County Departments in connection with:
       • Legal issues related to the fiscal issues of WCHCC
       • County’s Credit Support for Working Capital Program
       • Inmate Health Care for the Department of Correction

                                                 28
       •    Radiation Detection Equipment

Name of Accomplishment: Various Department of Emergency Services IMAs
When Initiated: 2009
Current Status: Ongoing
Description: Provide legal advice; undertake legal research, draft legislation, resolutions and
agreements for the County to enter into Agreements with various municipalities in connection
with:
       • pre-positioning shelter supplies and equipment throughout Westchester County to
            prepare for the potential need to shelter residents during a disaster or emergency
            requiring people to leave their homes to seek temporary shelter;
       • enabling a municipality to use and operate one or more of the DES specialized
            trailers to assist the County’s emergency response efforts by providing deployment
            and support services during a disaster;
       • distributing specialized equipment to municipalities, including but not limited
            to personal protective, detection, decontamination, and communications
            hardware and supplies to enable the municipalities to better respond to acts of
            terrorism involving chemical and biological agents, as well as radiological,
            nuclear and explosive devices;
       • providing 911 receiving hospitals with hospital radiation detection equipment
            in order to detect radiological contamination, monitor patients and staff and
            prepare for, respond to and mitigate the effect of a radiological event; and
       • Prepare resolutions to accept grant funding from the New York State Division of
            Homeland Security and Emergency Services.

Name of Accomplishment: DES Shelter Training Agreement
When Initiated: 2009
Current Status: Completed
Description: Provide legal advice, undertake legal research, draft legislation, resolutions and
agreement with the City of New York, through its New York City Office of Emergency
Management for emergency shelter training in order to have a trained staff of shelter personnel
to quickly and efficiently establish and operate a shelter as the need arises.

Name of Accomplishment: Bond Counsel RFP/Agreements
When Initiated: 2009
Current Status: Ongoing
Description: Prepared and advertised a request for proposals for bond counsel services, drafted
legislation, resolution and agreement for the County to enter into a 6 month agreement with 3
bond counsel firms. Prepared and advertised another request for proposals for bond counsel
services, drafted legislation, resolution and agreements to retain four selected firms as bond
counsel to the County for a 3 year term.

Name of Accomplishment: New Money Bond Sale/Refunding Bond Sale/Tax Anticipation
Notes
When Initiated: 2009/2010
Current Status: Completed


                                               29
Description: Provided legal advice and drafting services to the Finance Department in
connection with the County’s new money bond sale, refunding bond sale and issuance of tax
anticipation notes.

Name of Accomplishment: Other Financings
When Initiated: 2010
Current Status: Ongoing
Description: Provide continuing legal counsel to the Department of Finance in
various financing arrangements, including the sale of County bonds to the New York State
Environmental Facilities Corporation.

Name of Accomplishment: Various Department of Public Safety Matters
When Initiated: 2009
Current Status: Completed
Description: Provided legal advice, legal research, drafted legislation, resolutions and
agreements for the County to:
       • Firing Range - enter into agreements or amend previously executed agreements with
            municipalities to establish a new fee structure to be charged for the use of the
            County’s Firing Range for firearms training
       • Mutual Aid and Rapid Response - enter into Mutual Aid and Rapid Response
            Agreements with municipalities
       • RICI - Westchester County Repository for Integrated Criminalistic Information
            which allows for the electronic transmission and storage of criminal record and
            police blotter information.

Name of Accomplishment: Legacy Projects
When Initiated: 2009
Current Status: Completed
Description: Providing legal advice in connection with the Legacy Program whereby local
municipalities operate and maintain new ball fields to be constructed by the County: City Park
rehabilitation in New Rochelle and 4th Street Playground improvements in Mount Vernon.
Responsible for drafting the necessary intermunicipal agreements and legislation to implement
these projects.

Name of Accomplishment: Preservation of Hemlock Hills Farmstead and Stuarts Farm
When Initiated: 2007
Current Status: Ongoing
Description: Providing legal advice in connection with the preservation of Hemlock Hills
Farmstead consisting of approximately 118 acres of farmland located within the Towns of
Yorktown and Cortlandt to acquire a conservation easement to preserve the property as
agricultural lands in perpetuity. The acquisition of this conservation easement, not yet closed,
shall be made pursuant to an agreement with the State of New York under the New York State
Farmland Implementation Grant Program. Also providing legal advice in connection with the
potential preservation of Stuarts Farm consisting of approximately 170 acres of farmland located
in the town of Somers.

Name of Accomplishment: Copland House at Merestead

                                               30
When Initiated: 2009
Current Status: Ongoing
Description: Providing legal advice and counsel, research and drafting services in connection
with a 5-year license agreement allowing Copland House to use Merestead for artistic and
cultural programs including an artist-in-residence program and provide public performances at
Merestead and drafted State parkland alienation legislation to permit a long-term lease to
Copland House.

Name of Accomplishment: Panorama/Westair Property Tax Refunds
When Initiated: 2010
Current Status: Ongoing
Description: Providing legal advice, counsel and research in connection with the Town of
Harrison’s elimination of property tax exemptions for two light general aviation tenants at
Westchester County Airport. Orders are pending to restore the exemptions and refund
overpayments.

Name of Accomplishment: Airport Fuel Farm
When Initiated: 2010
Current Status: Completed
Description: Provided legal advice and counsel, research and drafting services, including
drafting of necessary agreement and authorizing legislation, in connection with Chevron’s
decision to stop servicing the local aviation market and the assignment of its agreement to
operate the aviation fuel farm at Westchester County Airport.

Name of Accomplishment: WCHCC/Release of Inmate Medical Records
When Initiated: 2010
Current Status: Ongoing
Description: Providing legal advice, counsel and research to the Department of Correction in
connection with WCHCC’s refusal to transfer, at no additional cost, certain inmate medical
records following the early termination of its agreement with the Department of Correction.

Name of Accomplishment: Yonkers Animal Shelter
When Initiated: 2009
Current Status: Ongoing
Description: Provided legal advice and counsel, research and drafting services, including
drafting of necessary agreement and authorizing legislation, in connection with the conveyance
of real property adjacent to the Material Recovery Facility to the City of Yonkers for the
construction and operation of an animal shelter.

Name of Accomplishment: Pilot Deer Hunting Program
When Initiated: 2009
Current Status: Completed
Description: Provided legal advice and counsel, research and drafting services, including
drafting of necessary agreement and authorizing legislation in connection with a pilot hunting
program to reduce deer overpopulation at Muscoot Farm and Lasdon Park.

Name of Accomplishment: Actuarial Services RFP
When Initiated: 2009
                                        31
Current Status: Completed
Description: Provided legal assistance to the Department of the Budget in developing and
issuing an RFP, and subsequently entering into a contract, for actuarial services for the County
for a period of five (5) years for the County's four (4) self-insurance programs (i.e. the Health
Insurance Fund, the Casualty Reserve Fund, the Workers' Compensation Fund, and the
Governmental Accounting Standards Board’s Statement No. 45).

Name of Accomplishment: Family Justice Center
When Initiated: 2009
Current Status: Ongoing
Description: Provided legal assistance to the Office for Women regarding the creation of the
Family Justice Center at the White Plains Court Complex. Law provided assistance with
acceptance of the grant from the federal government that is funding operations at the Family
Justice Center, as well as with entering into agreements with various subcontractors to provide
services at the Family Justice Center (e.g. counseling services, legal services, victim advocacy
services).

Name of Accomplishment: Order of Succession Documentation
When Initiated: 2010
Current Status: Ongoing
Description: Provided assistance to the Office of the County Executive in facilitating the proper
documentation and filing of the order of succession for acting county executive for the new
administration. Also provided assistance to the head of each department in documenting and
filing his/her current order of succession (including successions under emergency
circumstances), in accordance with the Laws of Westchester County and state law.

Name of Accomplishment: Certificates of Authorization for Heads of Departments for
Contract Execution
When Initiated: 2010
Current Status: Ongoing
Description: Prepared the Board of Acquisition and Contract resolutions whereby pursuant to
§161.11(1)(b) & (c), the new County Executive was authorized to issue certificates of
authorization to each department head to permit them to execute contracts for the County on
behalf of their department (one for contracts specifically authorized by the Board of A&C and
one for so-called “short forms”, which do not require specific Board of A&C approval). Also
prepared two of said certificates of authorization for each department head and had the prepared
certificates signed by the County Executive, filed with the County Clerk, and distributed to the
department heads to facilitate the efficient operation of the County’s departments.

Name of Accomplishment: Workers’ Compensation Claims Administration RFP
When Initiated: 2009
Current Status: Ongoing
Description: Provided legal assistance to the Department of Finance in developing and issuing
an RFP, and selecting a proposer with whom to enter contract, for workers’ compensation/job
injury claims administration for Westchester County employees for a period of three (3) years,
with the County having the sole option to renew the contract for two (2) additional one (1) year
terms thereafter.

                                                32
Name of Accomplishment: American Recovery and Reinvestment Act of 2009 Compliance
When Initiated: 2009
Current Status: Ongoing
Description: Providing legal advice, legal research, and drafted agreements on behalf of a
number of County departments regarding compliance with the requirements attached to funding
they receive under the American Recovery and Reinvestment Act of 2009 (“ARRA”). These
ARRA requirements have been promulgated not only by the federal government, but also by the
various New York State agencies that have received ARRA funding and are, in turn, passing that
funding on to the County. Accordingly, these ARRA requirements are very particular and
somewhat nuanced, and must be carefully considered on a case-by-case basis. For example, Law
worked with the Department of Public Works and the Planning Department on revising its
ARRA-funded agreements.

Name of Accomplishment: Medicaid Fraud Prevention Compliance
When Initiated: 2007
Current Status: Ongoing
Description: Providing assistance to the Office of the County Executive, the Department of
Health, the Department of Community Mental Health, and the Department of Social Services in
developing County-level and departmental-level policies to detect and prevent Medicaid fraud,
in compliance with various federal and state statutes and regulations. During the first
compliance certification period (December 2009), Law also coordinated the submission of
information from the aforementioned departments in order to facilitate the County’s certification.

Name of Accomplishment: Professional Archive Moving Services RFP
When Initiated: 2009
Current Status: Ongoing
Description: Provided legal assistance to the Department of Information Technology’s
Westchester County Archives in developing and issuing an RFP for professional moving
services to re-locate two archival collections within the Westchester County Archives to new
archival vault storage.

Name of Accomplishment: Senior Programs and Services Grant Agreements
When Initiated: 2010
Current Status: Ongoing
Description: Provided legal assistance to the Department of Senior Programs and Services in
preparing legislation to authorize the County to enter into grant agreements with NYS under
various programs (e.g. Titles III-B, III-C, III-D, III-E and Title VII of the Older Americans Act;
Community Services for the Elderly Program, or “CSE”; Expanded In-home Services for the
Elderly Program, or “EISEP”; Supplemental Nutrition Assistance Program, or “SNAP”; and the
Senior Community Service Employment Program, or “SCSEP”) and subsequently distribute
those funds to local municipalities through intermunicipal agreements.

Name of Accomplishment: Weatherization Assistance Program
When Initiated: 2009
Current Status: Ongoing
Description: Provided legal advice to the Department of Planning in connection with its efforts
to use funds awarded to it by the New York State Department of Housing and Community
Renewal under the Weatherization Assistance Program, which “assists income-eligible families
                                              33
and individuals by reducing their heating/cooling costs and improving the safety of their homes
through energy efficiency measures.”

Name of Accomplishment: Gateway Building.
When Initiated: 2007
Current Status: Ongoing
Description: Provided legal advice and counsel to WCC in connection with the ongoing
construction of the County’s first LEEDs certified building, including the receipt and review of
public improvement liens, requests for change orders, requests for extensions of time, disputes
among contractors and building code issues.

Name of Accomplishment: Liens Filed on County Construction Projects
When Initiated: N/A
Current Status: Ongoing
Description: Provided legal advice and counsel to DPW in regards with public liens filed by
contractors, subcontractors, suppliers and materialmen in connection with County construction
projects.

Name of Accomplishment: Transfer of County horses no longer needed for County
purposes.
When Initiated: 2010
Current Status: Ongoing
Description: Provided legal advice, legal research and drafted legislation to authorize the
Department of Public Safety to transfer 4 horses from its disbanded Mounted Unit, that were no
longer needed for County purposes, to Rockland and Dutchess Counties.

Name of Accomplishment: Airport Counsel
When Initiated: May 2010
Current Status: Ongoing
Description: Solicited quotes from qualified firms to provide “Of Counsel” legal services, as
needed, concerning Westchester County Airport matters. Prepared legislation to authorize the
County to retain the chosen firm to provide legal services.

Name of Accomplishment: FTA Procurement Issues
When Initiated: 2010
Current Status: Ongoing
Description: Providing legal advice, legal research and counsel to the Department of
Transportation in regards to the FTA’s Third Party Contracting Guidelines.

Name of Accomplishment: Disposal of County real property no longer needed for County
purposes.
When Initiated: 2004
Current Status: Ongoing
Description: Currently working toward closing on various surplus parcels approved for sale and
preparing new legislation for the sale of additional properties to be deemed surplus by the Board
of Legislators.


                                               34
Name of Accomplishment: Marx Realty Lease for space occupied by WCC at Cross
County Shopping Center.
When Initiated: 2007
Current Status: Completed
Description: Prepared legislation and provided legal advice to WCC in connection with the
negotiations for new leased space at the Cross County Shopping Center due to landlord’s
requested termination of WCC’s current lease.

Name of Accomplishment: DOH Lease for space at 20 South Broadway, Yonkers.
When Initiated: 2010
Current Status: Ongoing
Description: Prepared legislation and provided legal advice to DPW in connection with the
negotiations to continue leasing space at 20 South Broadway for DOH offices.

Name of Accomplishment: WCC Lease for space at 20 South Broadway, Yonkers.
When Initiated: 2010
Current Status: Ongoing
Description: Prepared legislation and provided legal advice to DPW in connection with the
negotiations to continue leasing space at 20 South Broadway for WCC’s Educational
Opportunity Center.

Name of Accomplishment: Supplementation Services to update the Laws of Westchester
County
When Initiated: N/A
Current Status: Ongoing
Description: Act as interface with publisher of updates to the Laws of Westchester County to
ensure that it is regularly and accurately updated.

Name of Accomplishment: Procurement for Supplementation Services to update the Laws
of Westchester County
When Initiated: 2010
Current Status: Ongoing
Description: Conducted a procurement in connection with the procurement of supplementation
services to update the Laws of Westchester County, as the current contract for such services is
expiring .


Name of Accomplishment: Agreements with NYPA
When Initiated: 2009
Current Status: Ongoing
Description: Provided legal advice and counsel to DPW in connection with various ongoing
energy savings projects at County-owned buildings such as the window replacement project at
MOB and 112 East Post Road and the renovations at 450 Saw Mill River Road, Westchester
Community College and the Yonkers Joint Wastewater Treatment Plant, including drafting of
necessary legislation, agreements and A&C resolutions. Pursuant to these agreements, NYPA
provides consulting services in connection with increasing energy efficiency and reducing
consumption resulting in millions of dollars of long term savings to the County.

                                              35
Name of Accomplishment: JP Morgan Chase Hangar Lease Amendment
When Initiated: 2010
Current Status: Ongoing
Description: Providing legal advice and counsel, research and drafting services, including
drafting of necessary agreement and authorizing legislation for the amendment of a long term
hangar lease at Westchester County Airport. This amendment will permit the tenant to assign
another hangar lease, thus assuring the County of uninterrupted rental payments. Also providing
advice regarding the discovery of underground contamination in the hangar and a proposed
agreement with a prior tenant to fully compensate the County for the remediation thereof.

Name of Accomplishment: Legal Services Cooperative Agreement
When Initiated: 2010
Current Status: Cooperative Agreement currently being reviewed by NYSOTDA
Description: Provided legal advice and drafting services to DSS and to the Law Department’s
Family Court Bureau in connection with the preparation of an interdepartmental Cooperative
Agreement between the two departments. The Cooperative Agreement is necessary in order for
the DSS Child Support Collection Unit to be eligible for federal reimbursement of legal costs
and fees in connection with its child support enforcement cases.

Name of Accomplishment: County Bonds
When Initiated: N/A
Current Status: Ongoing
Description: Providing legal advice and drafting services to the Budget Department in
connection with the preparation of various Bond Acts and Capital Budget Amendments to
finance various County capital projects, including, but not limited to:

       •   Yonkers Waterfront Park Project;
       •   Infrastructure Repairs at White Plains Complex;
       •   Putnam Right-of-Way/South County Trailway;
       •   Memorial Field Project;
       •   Labs & Research Equipment Acquisition;
       •   County Center Interior Rehabilitation;
       •   Sprout Brook Cell Closure;
       •   Repairs and Upgrades to various County WWTPs;
       •   Various County Road Improvement Projects;
       •   Improvements to WCC Student Center;
       •   Physical Education Field Improvements at WCC;
       •   Renovations to the Administration Building at WCC.
       •   Hudson RiverWalk (BLA01) – initiated in 2006; ongoing
                Provided ongoing legal advice and counsel to the County’s Planning
                Department as well as the Board of Legislators, including researching various
                issues and drafting legislation, as well as an amended IMA in with connection
                with the acquisition of property rights to permit the County’s construction of a
                section of the RiverWalk Trailway along the Hudson River in the City of
                Yonkers.
       •   JFK Marina (RYON1) – initiated in 2006; ongoing

                                               36
                Provided ongoing legal advice and counsel to the County’s Planning
                Department as well as the Board of Legislators, including researching various
                issues and drafting legislation, as well as an amended IMA in with connection
                with the design and construction of an amphitheater, parking structure, and
                improvements to JFK Memorial Drive (the “JFK Project”) along the Hudson
                River in the City of Yonkers.

Name of Accomplishment: Sewer District Modifications
When Initiated: N/A
Current Status: Ongoing
Description: Worked with the Department of Environmental Facilities to prepare necessary
legislation to authorize the modification of various sewer districts throughout the County.

Name of Accomplishment: 6N Contracts
When Initiated: 2009
Current Status: Ongoing
Description: Prepared and issued a supplemental RFP, and drafted retainer agreements and
A&C Resolutions, in order to make available to the County additional outside law firms to
represent the County in connection with its self-insurance program.

Name of Accomplishment: Yonkers Tax Increment Financing
When Initiated: 2008
Current Status: Ongoing
Description: Providing legal advice, legal research and drafting services for the County
regarding a proposed Tax Increment Financing (“TIF”) project in downtown Yonkers. Proposed
project includes housing and commercial space. County is being asked to pledge a portion of the
incremental property tax generated by the development of the properties within the TIF district.
Legislation for this purpose was prepared by Yonkers in 2010 and reviewed and revised,
working directly with the County Attorney.

Name of Accomplishment: Emergency Radio System
When Initiated: 2003
Current Status: Ongoing
Description: Provided legal advice and counsel, research and drafting services, including
drafting of necessary legislation, A&C resolutions and agreements to facilitate the maintenance
of a county-wide emergency radio system. Ongoing tasks include drafting of additional
agreements, including renewal of tower licenses and an ongoing maintenance agreement.

Name of Accomplishment: Playland Trademarks
When Initiated: 2009
Current Status: Complete
Description: Playland green dragon logo, the Playland name and design as well as “Have Some
Fun Today!” were all registered with the United States Patent and Trademark Office through
outside counsel. Assisted Playland in entering into consent agreements with organizations
having similar names or businesses prior to the filing of Playland’s Marks.

Name of Accomplishment: Playland 2010 Season
When Initiated: 2010
                                        37
Current Status: Completed
Description: At the request of the Parks Department, drafted termination letters for Playland
contractors with agreements extending beyond 2010. Drafted 2010 Board of Acquisition and
Contract resolutions and Licenses to provide termination dates in the fall of 2010.

Name of Accomplishment: Secure and Non-secure Detention
When Initiated: 2009
Current Status: Ongoing
Description: Assist Department of Probation in transitioning to monitoring Non-secure
Detention , Secure Detention and related agreements which were transferred from DSS to
Probation on January 1, 2010.

Name of Accomplishment: Alternative Non-secure Detention
When Initiated: 2007
Current Status: Ongoing
Description: Draft Legislation, Board of Acquisition and Contract resolutions and negotiate and
draft Agreements with providers of non-secure detention for use by the County when its’
primary non-secure detention provider (Leake & Watts) has reached full capacity.

Name of Accomplishment: Prisoner Transportation
When Initiated: pre-1997
Current Status: Ongoing
Description: Prepare legislation and intermunicipal agreements with approximately 35
Westchester County Municipalities to provide transportation of prisoners remanded to the
Westchester County Jail to and from appearances in court.


Name of Accomplishment: Disadvantaged Business Enterprise/Minority/Women-Owned
Business Enterprise Programs
When Initiated: N/A
Current Status: Ongoing
Description: Assist Board, Office of the County Executive, and Transportation with Federal,
State and Local DBE/M/WBE requirements. Advise new personnel of various and inconsistent
regulatory standards. Attend Board committee meetings to answer Board questions about new
policy proposals and existing County law § 308. Advise Transportation regarding Federal
Airport Concessionaire Disadvantaged Business Enterprise (“ACDBE”) program. Advise
personnel Office of the County Executive personnel regarding County M/WBE program.
Revised M/WBE form.

Name of Accomplishment: Playland RFP
When Initiated: 2010
Current Status: Ongoing
Description: Providing legal advice, legal research, and drafted Request for Proposals (“RFP”) to
solicit proposals from interested and qualified firms and individuals to reinvent Playland Park.
The purpose of this solicitation is to tap the creativity of the private sector to explore what, if
any, options may exist and that the private sector may offer to assist the County in developing
Playland Park by maximizing the resources at Playland Park and its location, while reducing the
financial burden to taxpayers of operating Playland Park.
                                                  38
Name of Accomplishment: Inmate Health Care
When Initiated: 2010
Current Status: Complete
Description: Provided legal advice, legal research, and drafting services to the Department of
Corrections for the transition to a new health care provider at the County’s Correctional Facility.

Name of Accomplishment: Contracts for Board of Legislators
When Initiated: N/A
Current Status: Ongoing
Description: Assist Board staff with contracts and contract related questions. Prepare numerous
contracts for the Board and related A&C resolutions and provide legal advice and counsel related
to such transactions.

Name of Accomplishment: Contracts for Office of the County Executive
When Initiated: N/A
Current Status: Ongoing
Description: Assist County Executive staff with contracts and contract related questions and
prepare contracts for and related A&C resolutions, including legal advice and counsel.

Name of Accomplishment: Westchester County Deferred Compensation Board
When Initiated: 1984
Current Status: Ongoing
Description: Provide legal counsel services to the Westchester County Deferred Compensation
Board, including providing legal advice and performing required filings with the State of New
York.

Name of Accomplishment: Solid Waste Commission Matters
When Initiated: 2004
Current Status: Ongoing
Description: Provide legal counsel to the Commission with respect to the implementation of the
Westchester Solid Waste Licensing Law regarding implementation of the law, and its application
to local trades and businesses, including legal research and opinions when requested.

Name of Accomplishment: Legislative Review of Board of A&C
When Initiated: 2010
Current Status: Ongoing
Description: Provide direct advice and background to staff of BOL concerning applicable
procurement laws; rules and regulations. At request of the Chair of the Legislation Committee,
prepare and deliver a PowerPoint presentation on how contracts go to A&C, including a basic
overview of the various procurement laws, rules and regulations applicable to County Contracts
and participate in Q&A with Committee members. Assist the Appeals, Opinions and Legislation
Bureau with legislative proposals requested by the BOL including, among other things,
preparation of an analysis outlining issues and revisions to laws, rules and regulations that would
be required if the BOL eliminated the Board of A&C; reviewing and commenting on the
proposed legislation; reviewing and commenting on a 2007 legislative proposal to alter the
composition and jurisdiction of the Board of A&C and provide information on the case law
defining what constitutes an emergency for the purposes of entering into an emergency contract.
                                                 39
       Name of Accomplishment: Weekly Review of A&C Resolutions/Preparation for A&C
       Meeting
       When Initiated: Many years ago
       Current Status: Ongoing
       Description: As the majority of A&C resolutions are prepared by the procuring departments and
       not the Law Department as a cost savings measure, the Bureau Deputy reviews all resolutions
       submitted to A&C for Preboard on a weekly basis, for legal compliance. Such review includes,
       but is not limited to, whether the resolution belongs at A&C; has it received any other necessary
       prior legal approvals; does the resolution’s cover memorandum and backup materials show
       compliance with the laws, rules and regulations applicable to the particular procurement; if a
       problem is found or questions arise concerning a particular resolution, communicate with the
       submitting department to attempt to fix the legal issue and/or clarify a question concerning the
       resolution; if the problem or question can be resolved before the A&C meeting, work with the
       Department on resolving the issue; provide legal advice and counsel to the staff of A&C and to
       the representatives of the Administration and the BOL that attend Preboard. In addition, provide
       legal advice and services in preparation for the weekly A&C meeting.




Litigation Bureau            ____________________________________________


Federal Court Cases:

James Aikman v. The County of Westchester, Westchester County Police Department, and P.O. John
Doe 1-8:
When Initiated: 2004
Current Status: This case was dismissed against the County.
Dollars Saved: Plaintiff claimed damages in the amount of $1,250,000.
Description: In this civil action pursuant to 42 U.S.C. §§ 1983 and 1985, Plaintiff alleges that he was
subjected to racial profiling, selective prosecution, unreasonable search and seizure, and arrest without
probable cause following an investigation involving the Westchester County Police Department and the
Drug Enforcement Agency. Plaintiff withdrew the complaint..


                                                       40
Roxanne Torres Beecher v. Riverdale Riding Corporation d/b/a River Ridge Equestrian Center, Charles
Rustin Holzer a/k/a Rusty Holzer, Anthony Zumpano, Jeanne Ruh, Theodore Beale, Jr. a/k/a Teddy
Beale, ABC Corporation, a fictitious corporation, and County of Westchester
When Initiated: 2008
Current Status: This case was dismissed with prejudice against the County of Westchester.
Dollars Saved: It is difficult to determine the amount of damages Plaintiff would have been entitled to
had she prevailed at trial.
Description: As a preliminary matter, it is important to note that Roxanne Torres Beecher, who boards a
horse at River Ridge Equestrian Center, which is owned by the County of Westchester and leased to
Riverdale Riding Corporation, filed a previous state court action, Beecher v. Riverdale Riding Corp. et
al. (Index No. 14258/07), against the County of Westchester and the Department of Parks, Recreation
and Conservation. By Decision and Order dated December 10, 2007, the Court dismissed the action as
against the County, holding that Plaintiff was merely an incidental beneficiary of the lease agreement
between the County and Riverdale Riding Corporation, and therefore she lacked standing to enforce the
agreement.

In this federal action, Plaintiff claims that Defendant Holzer has a pattern of perpetrating a “bust out”
scheme on County owned equestrian centers in need of renovations and repairs. According to Plaintiff,
the scheme involves Holzer negotiating a long term lease with the County for a low rent in exchange for
Holzer’s promise to provide hundreds of thousands of dollars in improvements and renovations.

Plaintiff claims that the County failed to offer the lease for the parkland for public bidding, and entered
into a lease agreement with Defendants Riverdale and Holzer which was improvident and without
adequate consideration, and negligently and/or with misfeasance, failed to enforce the licensing and
leasing agreements with Defendants. In response to Plaintiff’s claims, the County moved to dismiss the
Complaint, arguing that Plaintiff’s claims are barred by claim preclusion and res judicata because she
had a full and fair opportunity to argue these issues before the New York State Supreme Court in 2007,
when the court determined that she lacked standing to enforce or modify the terms of the County’s lease
with Riverdale. Moreover, the County maintains that, in contrast to contracts for public works, leases
such as the one it negotiated with Riverdale, are not subject to public bidding requirements.

By Decision and Order, the Court dismissed the action as against the County, holding that (i) Defendant
is collaterally estopped from relitigating her claim concerning the County’s leases with Riverdale, and
(ii) the lease agreement is not subject to the public bidding requirements of the New York State General
Municipal Law, because the lease’s primary objective was to provide for the management of the stables
and the operation of the riding services.

Donald Mack Bennett v. Dr. Bailey, et al.
When Initiated: 2007
Current Status: This case was dismissed against all County Defendants.
Dollars Saved: Plaintiff sought damages in the amount of $3,500,000.00.
Description: Plaintiff claimed that during a period of incarceration at the Westchester County Jail, he
was denied adequate medical care, including the failure to provide him with proper medication. After
discovery, the County moved for summary judgment based on the Plaintiff’s failure to satisfy the
exhaustion requirements of the Prison Litigation Reform Act, 42 U.S.C. Section 1997, and the case was
dismissed in its entirety.

Donald Mack Bennett v. Dr. Tracey James, et al.
                                                        41
When Initiated: 2008
Current Status: This case was dismissed against all County Defendants.
Dollars Saved: Plaintiff sought damages in the amount of $1,000,000.00.
Description: Plaintiff claimed that during a period of incarceration at the Westchester County Jail, he
was denied adequate medical care, including the failure to provide him with proper medication. The
County moved for judgment on the pleadings which the court converted to a motion for summary
judgment and dismissed the case in its entirety based on the Plaintiff’s failure to satisfy the exhaustion
requirements of the Prison Litigation Reform Act, 42 U.S.C. Section 1997.

Donald Mack Bennett v. Edith Onua, et al.
When Initiated: 2009
Current Status: This case was dismissed against all County Defendants.
Dollars Saved: Plaintiff sought damages in the amount of $5,000,000.00.
Description: Plaintiff claimed that during a period of incarceration at the Westchester County Jail, he
was denied adequate medical care including the failure to provide him with proper medication. The
County moved for judgment on the pleadings and the court dismissed the case in its entirety based on
the Plaintiff’s failure to satisfy the exhaustion requirements of the Prison Litigation reform Act, 42
U.S.C. Section 1997.

Shateek Amin Bilal v.New York City Department of Correction and the Westchester County
Department of Correction, et al.
When Initiated: 2008
Current Status: The case was dismissed against the County.
Dollars Saved: It is difficult to estimate the dollars saved by the dismissal of this case, however
dismissal at this early stage certainly saved the County tens of thousands of dollars that would likely
have been spent conducting discovery.
Description: In this civil action pursuant to 42 U.S.C. § 1983, Plaintiff alleges that while a detainee at
the New York City Department of Correction and the Westchester County Department of Correction,
staff violated his Eighth and Fourteenth Amendment rights by failing to provide him his prescribed
seizure medication on multiple occasions during Plaintiff’s incarceration at Rikers Island and at the
Westchester County Jail.

Plaintiff alleges to have suffered a seizure while being transported from a court appearance and
sustained head, back, and shoulder injuries. The County, defending and indemnifying Dr. Poradowski,
pursuant to an agreement between the County and the Westchester Healthcare Corporation, prevailed on
a Motion to Dismiss and the case was dismissed with prejudice as against the County of Westchester.

Indira Bowen, Individually, and Indira Bowen, on behalf of her minor children, Raylin Fairclough and
Mia Bowen v. the County of Westchester, Town Of Greenburgh and Police Officers John Does 1-10, in
their Individual and Official Capacities.
When Initiated: 2007
Current Status: The case has been dismissed against the County.
Dollars Saved: The Plaintiffs sought compensatory and punitive damages as well as attorney fees.
Description: Plaintiffs claimed that the Defendants conspired to and did deprive them of liberty without
due process of law, used excessive force and unreasonabley searched and seized their person and their
residence. The Plaintiffs also asserted state law claims including negligence, false imprisonment,
assault and battery, and intentional infliction of emotional distress.

                                                        42
On October 7, 2007, Greenburgh SWAT team executed a Westchester County Probation Department
warrant for probationer Fairclough at the Plaintiffs’ Greenburgh residence. The Plaintiffs claimed that
the Defendants knew that Fairclough did not live at the residence and were overzealous when they
executed the warrant because of the Plaintiffs’ race. The County moved for summary judgment. By
Opinion and Order dated March 31, 2010, the Court granted the County’s motion and dismissed the
Complaint.

Kelvin Brown v. Dr. Poradowski, et al.
When Initiated: 2009
Current Status: The case was dismissed against the County. This office defended and imdemnified Dr.
Poradowski pursuant to an agreement between the County and the Westchester Healthcare Corporation.
The County , prevailed on a motion for summary judgment and the case was dismissed with prejudice
by order of the Court on October 1, 2010.
Dollars Saved: It is difficult to estimate the dollars saved by the dismissal of this case.
Description: In this civil action pursuant to 42 U.S.C. § 1983, Plaintiff alleges that while an inmate at
the Westchester County Department of Correction, he was the subject of cruel and unusual punishment
through the denial of necessary dental treatment/oral surgery. The Court granted the County’s motion
for summary judgment and dismissed the case in its entirety.

Paul M. Cote v. John Mark Reimer, Individually, Gary Angel Sauls, Individually, Paul Perez,
Individually, Derrick Turner, Individually, Christopher Gannon, individually, Joseph Spano,
Individually, Joseph Polowalski, individually, Peter Jackowiak, Individually, and the County of
Westchester, New York.
When Initiated: 2009
Current Status: The case has been dismissed against all County defendants.
Dollars Saved: The Plaintiffs sought compensatory and punitive damages as well as attorney fees.
Description: The Plaintiff alleges that the Defendants retaliated against him in violation of his
constitutional rights as guaranteed by the First and Fourteenth Amendments and under 42 U.S.C. §1985
for having spoken out concerning overtime in 1999 and for submitting information in 2001 concerning
a coworker’s use of racial slurs by conspiring to have him falsely indicted and convicted for assaulting
an inmate. The Plaintiff was convicted of assault in the second degree in 2001 and sentenced to three
(3) months incarceration. The inmate subsequently died from injuries that he sustained as a result of
the assault. The Plaintiff further alleged that the Defendants pursued their retaliatory plan by
encouraging the US Attorney to prosecute the Plaintiff for violating the inmate’s civil rights resulting
in his conviction by a federal jury on September 20, 2006. The County moved to dismiss the
Complaint. By Stipulation of Discontinuance and Order dated February 25, 2010, the Court dismissed
the Complaint with prejudice.

Maurice Covington v. Westchester County Department of Correction
When Initiated: 2009
Current Status: The case was dismissed against all County defendants.
Dollars Saved: Plaintiff sought compensatory and punitive damages against the County. Description:
Plaintiff brought this action claiming the Department of Correction negligently caused his slip and fall at
the jail and violated his civil rights by failing to provide appropriate medical care. The County
successfully argued on summary judgment that the existence of a wet floor at the jail did not alone
support a claim of intolerable prison conditions in violation of the Due Process clause of the 14th
Amendment. Also, the County successfully argued that Plaintiff failed to show the County demonstrated
a deliberate indifference to a serious medical condition in violation of his civil rights. Plaintiff’s state
                                                           43
claims were dismissed for failure to comply with New York General Municipal Law.

Gregory Garland v. Westchester County Department of Corrections, Department of Corrections Doctor
Medical Department, Chronic Care Medical Dept. and Dr. Goldberg.
When Initiated: 2009
Current Status: The case was dismissed against all County defendants.
Dollars Saved: Plaintiff sought compensatory and punitive damages against the County defendants.
Description: In his Complaint, the Plaintiff, a former detainee at the Westchester County Department of
Correction, claims that the Defendants did not properly treat a cyst on his back resulting in the cyst
subsequently bursting causing him pain and suffering. On October 30, 2009, the County moved to
dismiss the Complaint on the basis that the Plaintiff failed to exhaust existing administrative remedies
and on the basis that the Plaintiff failed to state any cause of action. By Order dated February 11, 2010,
the Court dismissed the Complaint.

Bridget Gladwin v. Rocco Pozzi and Westchester County
When Initiated: 2006
Current Status: The case was dismissed against the County Defendants.
Dollars Saved: Plaintiff claimed damages in an amount in excess of $1 million.
Description: Bridget Gladwin was a former Deputy Commissioner for the Department of Correction.
She filed an action in federal court alleging that her termination was a pretext for gender and race
discrimination. The case was dismissed on summary judgment. The matter is now on appeal.

Glen Hockley, Martin B. London, Citizens for Glen Hockley v. Reginald Lafayette, Carolee Sunderland,
Dennis Power, Jeannie L. Palazola, and Douglas Colety, in their professional and individual capacities
When Initiated: 2009
Current Status: All claims against the County Defendants were dismissed.
Dollars Saved: The Plaintiffs sought compensatory and punitive damages as well as attorney fees.
Description: Plaintiffs alleges that the County Defendants deprived Glen Hockley of his right to have
his name appear on the ballot as an independent candidate and interfered with and/or manipulated
Hockley’s write-in candidacy during the November 3, 2009 general election. County Defendants moved
to dismiss the Complaint on the basis that: (1) the Plaintiffs’ claims were barred by the doctrine of res
judicata; (2) there existed, and Hockley availed himself of, an adequate post deprivation remedy; (3) the
complained of “garden variety” election irregularities during the general election did not rise to the level
of a constitutional violation; and (4) the appropriate remedy to challenge the results of a general election
was a proceeding in quo warranto. By Memorandum Decision and Order dated September 23, 2010,
the Court dismissed the Complaint as against all County Defendants.

Daniel McGuire v. Village of Tarrytown, et al,
When Initiated: 2008
Current Status: The case has been dismissed against all County defendants.
Dollars Saved: Plaintiff sought compensatory damages against the County.
Description: Plaintiff commenced this Federal lawsuit in the Southern District of New York against the
Village of Tarrytown, its Mayor, Village Administrator, Village Justice and a number of Village Police
Officers, as well as against ADA Shameka Taylor, Westchester County and the District Attorney’s
Office.

Plaintiff alleges that he was falsely arrested and maliciously prosecuted with respect to a dispute that he
had with his neighbors on or about June 8, 2007. He claims that his neighbors were employees of the
                                                         44
responding Police Department and that he was unable to have his cross complaint filed because of this
"conflict of interest". County Defendants filed a motion to dismiss based on absolute immunity. The
Court dismissed all of Plaintiff’s claims against County Defendants and the Village of Tarrytown and its
officials. The case continued against the individually named Tarrytown police officers.

Prince Rodgers v. County of Westchester, et al.
When Initiated: 2009
Current Status: This case was dismissed as against the County of Westchester.
Dollars Saved: Plaintiff sought compensatory damages against the County.
Description: Plaintiff pro se claims that he was falsely arrested by the White Plains Police Department
and improperly detained by the County of Westchester. In response to Plaintiffs’ claims, the County
submitted a motion to dismiss the action for failure to state a claim upon which relief could be granted.
The Court dismissed the action as against all Defendants.

Derek Sloane v. PO Joseph A. Kraus et al.
When Initiated: 2006
Current Status: This case was dismissed after a non-jury trial.
Dollars Saved: Plaintiff sought damages in the amount of $750,000,00 and if he prevailed, he would
have been entitled to attorneys’ fees.
Description: In this federal action, Plaintiff, alleges excessive force under 42 U.S.C. Section 1983 and
asserted claims under New York state common law for assault, battery, and intentional infliction of
emotional distress, naming as defendants P.O. Kraus, the Westchester County Department of Public
Safety (hereinafter “Public Safety”), The County of Westchester (hereinafter “County”), Detective
Frank Tirri (“Det. Tirri”), Detective Simone Giuseppe (“Det. Giuseppe”), and Sergeant John Lodge
(“Sgt. Lodge”).

Plaintiff alleges that while asleep on May 7, 2006 at the homeless shelter owned by the County and
operated by the Volunteers Of America, he was awakened when Sgt. Lodge, Det.Giuseppe and P.O.
Kraus entered his room and P.O. Kraus struck him repeatedly about the legs, placed a hard object in his
back which he believed to be a gun, and left him restrained in leg irons and handcuffs for several hours
without food or use of a bathroom while he was detained at the County’s police headquarters. He
further alleged that P.O. Kraus punched him in the face while he was being transported for arraignment
at the Mt. Pleasant courthouse. Plaintiff claims to have sustained injury to his back and nerve damage to
his right hand as a result of the alleged actions by the officers. This office was successful in dismissing
all claims against the County and Public Safety on or about May 11, 2010, pursuant to a motion for
summary judgment.

On July 26 and 27, 2010, the Court held a two-day bench trial, at which time Plaintiff sought
compensatory damages totaling $750,000 and counsel fees. By Opinion and Order issued on September
3, 2010 the Court dismissed the action. Plaintiff filed a Notice of Appeal.

Valle v. Investigator Thomas Moran and Investigator Dale Brickwood, of the Westchester County
District Attorney's Office
When Initiated: 2007
Current Status: The case has been dismissed against all County defendants.
Dollars Saved: Plaintiff did not claim specific amounts of damages but sought compensatory and
punitive as well as attorney fees.
Description: Plaintiff filed this lawsuit pursuant to 42 U.S.C. Section 1983 alleging that Defendants
                                                         45
(DA Investigators) falsely prosecuted and imprisoned the Plaintiff and deprived him of his right to
liberty and property without due process of law. In late 2005, Plaintiff was criminally charged with
various counts of assault, reckless endangerment, official misconduct, endangering the public health,
safety and environment, knowingly violating an industrial pre-treatment standard under the
Environmental Conservation Law, criminally negligent violation of an industrial pre-treatment standard
under the Environmental Conservation Law, and criminally reckless violation of the environmental
conservation law. Plaintiff was acquitted of the criminal charges, and alleges that, but for false
testimony and instigation of the prosecution by defendants, criminal charges never would have been
pursued. The Court ordered limited discovery on the issue of absolute witness immunity after the
Plaintiff filed an Amended Complaint. Defendants made a motion for summary judgment and/or for
judgment on the pleadings on the grounds of absolute witness immunity and failure to state a claim. On
September 30, 2010, the Court dismissed all of Plaintiff’s federal claims.

State Cases

Samuel A. Abady v. Westchester County Board of Elections, Wilson Soto and Jose Alvarado,
Individually, and Reginald A. Lafayette and Carolee Sunderland, in their Official Capacities as
Commissioners of the Westchester County Board of Elections
When Initiated: 2010
Current Status: The case has been dismissed against all County defendants.
Dollars Saved: It is difficult to estimate.
Description: By Summons and Complaint dated January 20, 2010, Abady attempted to commence a
“hybrid special proceeding” seeking, inter alia, to: (1) cancel Wilson Soto’s (“Soto”) voter registration;
a new primary election in the 17th County Legislative District based upon the defendants’ purported
violation(s) of Arab voters’ First, Fourteenth and Fifteenth Amendments rights and the Voting Rights
Act during the primary election in the district; (2) recover “wasted” funds paid by Yonkers in salary to
Soto when he was a Yonkers City Council Member; and (3) compel the Westchester County Board of
Elections ( “Board”) to answer all Freedom of Information Law (“FOIL”) requests including two (2)
pending requests filed by Abady.

The Board moved to dismiss the Complaint with prejudice on the basis that: (1) Abady failed to
properly commence a special proceeding in that he failed to file and serve a notice of petition and
petition along with his Summons and Complaint; (2) Abady lacked standing to raise any of his claims
with the exception of the FOIL claim; (3) Abady’s claims were time-barred; (4) the Court lacked
jurisdiction to order a new election; (5) Abady’s claims were barred as res judicata as his claims were or
could have been raised in, Annabi v. Board, an election matter dismissed four (4) months before; (6) and
Abady failed to exhaust his administrative remedies under FOIL. By Decision and Order dated June 30,
2010, the Court granted the Board’s motion and dismissed the Complaint.

Dennis Aquilar a/k/a Andres Escobar v. County of Westchester
When Initiated: July 2009
Current Status: Petition denied by Supreme Court
Dollars Saved: It is difficult to determine the dollars saved. However, inasmuch as the claims of the
underlying tort action were predicated on NYS Labor Law violations, the County avoided the possibility
of strict liability for Petitioner’s alleged injuries.
Description: Petitioner served an Order to Show Cause to file a late notice of claim against the County
seeking monetary damages for a crushed third digit on right hand sustained while he worked on the
Music Tower Theatre at Rye, Playland. At the time of his accident the Petitioner was an employee of
                                                         46
RLJ Electric Corporation, a contractor hired to perform renovations on the Tower. Petitioner alleges
that his injury occurred on February 13, 2009. The Petitioner sought court permission to file the notice
of claim approximately 6 weeks after the New York State law allows. The County Law Department
opposed the petition. The Court ultimately ruled in favor of the County and denied the relief sought by
the Petitioner. The Petitioner then filed and served a notice of appeal to overturn the lower court’s
decision. However, the Petitioner never timely perfected his appeal.

Conte v. County of Westchester, et al
When Initiated: 2009
Current Status: This case was dismissed with prejudice as against the County of Westchester.
Dollars Saved: Although it is difficult to determine the amount of damages Plaintiff would have been
entitled to, had she prevailed at trial, the current lease between the County and Riverdale Riding
Corporation could have been declared void.
Description: As a preliminary matter, it is important to note the Plaintiffs’ counsel in this matter is
Roxanne Torres Beecher, the Plaintiff in the state and federal Beecher v. Riverdale Riding Corp. matters
referenced above. In this state action, Plaintiffs (who like Ms. Beecher board their horses at River Ridge
Equestrian Center) seek judgment declaring the September 8, 2006, lease agreement between the County
of Westchester and Riverdale Riding Corporation null and void and unenforceable; enjoining the
County from making any further consideration to Riverdale under the lease agreement; and ordering
Riverdale to remit and pay to the County the fair and equitable use and occupancy of the premises for
the period of February 1, 2006 to date. In response to Plaintiffs’ claims, the County moved to dismiss
the Complaint, arguing that the claims are barred by collateral estoppel and res judicata and that
Plaintiffs have failed to state a cause of action upon which relief may be granted.

The Court dismissed Dobre, V. Powrie and Gindick as barred by the doctrine of res judicata.
Specifically, the Court found that Dobre, V. Powrie and Gindick could and should have challenged the
lease agreement in the prior state Article 78 proceeding (see Carr v. County of Westchester, below).
With respect to the remaining Plaintiffs, Conte and T. Powrie, the Court found that the essential
character of the lease agreement was to provide specialized services and thus, was not a contract for
public works. Therefore, the remaining Plaintiffs’ claims were dismissed as they were not subject to the
public bidding requirements of the General Municipal Law.

Oscar Davis, Jr., Chanese V. Stephenson, Eselyn J. Nembhard, Damon K. Jones and KD Wilson v. The
Westchester County Board of Elections and Henry G. Thomas, Sandra J. Melville, Willie D. Johnson
and Karl A. Scully
When Initiated: 2010
Current Status: The case was dismissed against the County.
Dollars Saved: It is difficult to estimate.
Description: Petitioners sought to validate designating petitions purportedly designating them as
candidates for the office of Member of the Democratic County Committee in the City of Mt. Vernon.
The Westchester County Board of Elections ( “Board”) invalidated the petitions because they did not
contain the requisite number of signatures. At hearing, the Board moved to dismiss on the basis that the
Petitioners failed to timely institute the proceeding and on the basis that the Petition failed to state any
cause of action. The Court dismissed the proceeding.


Alma De Leon v. Westchester County Board of Elections and Theodore L. Strauss
When Initiated: 2010
                                                   47
Current Status: The case was dismissed against the County.
Dollars Saved: It is difficult to estimate.
Description: Petitioners sought to invalidate designating petitions designating Theodore L. Strauss and
Peter T. Giner as candidates for the office of Trustee of the Village/Town of Mt. Kisco in the
Independence Party Primary Election. At hearing, the Board moved to dismiss on the basis that the
Petitioners failed to timely institute the proceeding. By Decision and Order dated August 6, 2010, the
Court dismissed the proceeding.

Esquilin v County of Westchester
When Initiated: 2007
Current Status: After a trial on the matter, the jury returned a verdict for the County.
Dollars Saved: It is difficult to estimate. Plaintiff was demanding $200,000 to settle the case.
Description: This case involves a thirty-seven year old women who alleges she was injured while ice
skating at the “Kiddie Rink” at the Playland Amusement Park. Ms. Esquilin claims she lost her balance,
and fell down on the ice because of a 3 to 4 inch space between the hand rail and ice rink wall. As a
result of the fall, Ms. Esquilin fractured her arm. In addition to the obvious risks associated with skating,
there was a sign posted at the Kiddie Rink that stated “skating is at your own risk”.

The County filed a motion for summary judgment based upon the doctrine of assumption of the risk. On
June 23, 2009, the Court denied the County’s motion. The matter proceeded to trial and a Defendant’s
verdict on liability was rendered on January 27, 2010.

LeFloch v. County of Westchester & Town of Bedford
When Initiated: 2007
Current Status: After a trial, a jury returned a verdict in favor of the County.
Dollars Saved: It is difficult to estimate the savings, but jury verdicts valued the case at approximately
$150,000.00.
Description: On February 7, 2007, a personal injury claim was brought by Plaintiff in connection with a
single car accident which occurred on December 6, 2006. Plaintiff claims that the accident occurred on
Bedford Center Road in Bedford Hills, New York. Plaintiff alleges the accident was caused by the
roadway and attached guiderail. Plaintiff further claims that his car was caused to have left “the roadway
and become airborne from an improperly maintained, placed, designed guardrail/guiderail located
adjacent with the roadway”. Plaintiff claims to have sustained permanent injuries including facial and
rib fractures. After a trial, the jury returned a verdict in favor of the County of Westchester.

Vincent Lovallo v. County of Westchester and the Westchester County District Attorney’s Office
When Initiated: 2009
Current Status: The case was dismissed. A Notice of Appeal was filed.
Dollars Saved: Although Plaintiff’s complaint does not specify an amount, the notice of claim
demanded $1,000,000.
Description: Plaintiff commenced this action against Westchester County and the District Attorney’s
office in Westchester County Supreme Court. Plaintiff alleges false arrest, malicious prosecution and
abuse of process regarding his arrest and prosecution for five counts of Falsely Reporting an Incident in
the Third Degree (Penal Law §240.50[4]). These charges stemmed from Plaintiff allegedly calling the
State’s Central Registry on five occasions and falsely reporting that parents from his son’s soccer team
we abusing their children. The underlying criminal charges were dismissed and reinstated two times –
once because Plaintiff was allegedly not afforded a speedy trial, and again because of facial
insufficiency. County Defendants moved to dismiss Plaintiff’s claims based upon failure to state a
                                                        48
claim of false arrest, malicious prosecution and/or abuse of process. The Court granted County
Defendants’ motion in its entirety and dismissed Plaintiff’s Complaint.

Pagan v. County of Westchester
When Initiated: 2004
Current Status: The case was dismissed against the County.
Dollars Saved: It is difficult to estimate.
Description:     Infant Plaintiff claims to have been injured (avulsion fracture of the left ankle and a
laceration over the left ankle) when she slipped and fell on June 19, 2004 on the walkway and staircase
exiting and/or leaving the Rye Playland Plunge ride. It was alleged the accident was caused by the wet
and slippery condition of the walkway and steps. At trial, the County filed a motion in limine requesting
Plaintiff be precluded from allowing their liability expert from testifying due to the unreliability of his
offered testimony. The County’s motion was granted, Plaintiff moved to reargue, which motion was
denied. Plaintiff appealed the Decision to the Appellate Division. The Supreme Court’s Decision was
affirmed on appeal on January 5, 2010.

Steven Schwartz v. Peter Lane and Linda Bartus
When Initiated: 2009
Current Status: The case was dismissed against Westchester County Defendant Linda Bartus. An appeal
is pending.
Dollars Saved: The Plaintiff was suing for $1,000,000.00.
Description: Plaintiff alleges in his Complaint that following his DUI arrest in the City of Rye that he
was referred to and ordered by the Court to cooperate with the Westchester County Department of
Community Mental Health Treatment Alternatives to Street Crime (hereinafter “TASC”) Program.
Plaintiff further alleges that the intake interview conducted by County employee and TASC Program
Administrator Linda Bartus was “intrusive, contrary to law and violative of [his] constitutional rights.”
The County filed a motion to dismiss the Complaint for failure to state a cause of action against
Defendant Linda Bartus. The Court granted the County’s motion to dismiss.

David J. Squirrel v. Westchester County Board of Elections and Theodore L. Strauss and Peter T. Giner
When Initiated: 2010
Current Status: All claims were dismissed against the County.
Dollars Saved: It is difficult to estimate.
Description: Petitioners sought to invalidate designating petitions designating Theodore L. Strauss and
Peter T. Giner as candidates for the office of Trustee of the Village/Town of Mt. Kisco in the
Republican Party Primary Election. At hearing, the Board moved to dismiss on the basis that the
Petitioners failed to timely institute the proceeding. By Decision and Order dated August 6, 2010, the
Court dismissed the proceeding.

Vecchione v. County of Westchester & City of White Plains
When Initiated: 2006
Current Status: The case was dismissed against the County.
Dollars Saved: It is difficult to estimate the dollars saved.
Description: Plaintiff alleged to have been injured as a result of a trip and fall at the “crosswalk” in
front of 170 East Post Road, at the intersection of Mamaroneck Avenue in the City of White Plains. The
County presented evidence to the Court that it did not own, control, maintain, construct, repair, or
operate the location of the accident and moved for summary judgment. The County’s motion was
granted and the case against the County was dismissed.
                                                          49
Article 78

In the Matter of A-1 Medical Transportation, Inc. v. Westchester County Taxi & Limousine
Commission.
When Initiated: 2009
Current Status: The Petition was dismissed against the County.
Dollars Saved: It is difficult to determine the amount of dollars saved as Petitioner claimed
entitlement to a refund of all payments for previously issued summonses. If Petitioner prevailed, this
case would have set a bad precedent, compromising the Taxi & Limousine Commission’s authority to
regulate the operation of for-hire vehicles in the County.
Description: Petitioner operates a for-hire taxi and livery service with its offices in the City of
Poughkeepsie and County of Dutchess, New York. Petitioner was cited for transporting passengers to
and/or from locations within Westchester County without being licensed by the Westchester County
Taxi & Limousine Commission (“WCTLC”). Petitioner claimed that it is not subject to the jurisdiction
of the WCTLC and had not engaged in for-hire vehicle operation without appropriate WCTLC permits
because Petitioner’s passengers, who had been transported to and/or from locations within Westchester
County at the time of the violations, were not Westchester County residents. Petitioner commenced this
proceeding, inter alia, to restrain the WCTLC from enforcing its rules and regulations against Petitioner
and its drivers and to direct the WCTLC to refund all fines previously paid by Petitioner for unidentified
summonses. The County moved to dismiss the Petition. By Decision and Order entered April 7, 2010,
the Court dismissed the Petition in its entirety.

Carr v. County of Westchester, et al
When Initiated: 2009
Dollars Saved: Not applicable.
Current Status: Case was dismissed as against the County of Westchester, with prejudice.
Description: In this Article 78 proceeding, Petitioners seek a judgment: (i) annulling the decision of the
Westchester County Parks, Recreation and Conservation Board, which increased the boarding fees to
$1,200 per month per horse; (ii) requiring Respondents abide by the lease agreement between Riverdale
Riding Corporation and to make certain improvements to the River Ridge Equestrian Center; and (iii)
awarding attorney’s fees. In response to Petitioners’ claims, the County moved to dismiss the Petition on
the grounds that Petitioners lacked standing the proceeding. The Court found that the Petitioners failed
to show that they were suffering a direct harm by the rate increase different from the general public.
Consequently, the Court held that Petitioners lacked standing to maintain the proceeding.

Dominick Giorgio v. Westchester County Department of Health
When Initiated: 2009
Current Status: The Petition was dismissed.
Dollars Saved: It is difficult to determine the dollars saved by this dismissal.
Description: Petitioner brought a CPLR Article 78 Action seeking to annul and vacate the decision of
the Department of Health (“DOH”) to revoke a construction permit for a septic system and fresh water
well that was to service a single family home that Petitioner was building. Petitioner alleges that the
failure to hold a hearing on the revocation was unlawful and in violation of County Sanitary Code. The
permit was revoked by DOH when it was discovered that due to the size of Petitioner’s property, the
septic system and fresh water well could not meet minimum restrictive distances as required by DOH
Rules and Regulations. The County subsequently granted Petitioner a waiver to continue construction
                                                         50
based upon Petitioner’s revised plans to fortify the septic system and provide the County with a Hold
Harmless agreement. Eighteen months after the revocation of the original permit, Petitioner requested,
and was denied, a hearing pursuant to the Sanitary Code to review the determination to revoke the
original permit. The County successfully convinced the court that the statute of limitations seeking
review of the revocation began when the determination became final and adversely impacted the
Petitioner, not when his written request for a hearing was denied. The Court further agreed that the
decision to revoke the original license was not arbitrary and capricious, especially in light of the fact
that Petitioner sought the waiver and admitted that the original license failed to comply with regulations.

Golden’s Bridge Fire District v. Westchester County Department of Health/Board of Health.
When Initiated: 2009
Current Status: Petition dismissed, an appeal is pending.
Dollars Saved: The Board of Health’s civil penalty in the amount of $4700 was determined to be valid
and enforceable.
Description: Petitioner commenced this Article 78 proceeding seeking an order, inter alia, annulling a
determination of the County Board of Health finding Petitioner guilty of violations of the Public Health
Law of the State of New York and assessing a $4,700 civil penalty. Petitioner claims that the
Determination was arbitrary and capricious and violative of its procedures because the Board of Health
imposed a penalty of $4700 without allegedly considering (a) Petitioner’s claim of lack of notice of the
violations; and (b) Petitioner’s prompt remediation of the violations. The County Department of Health
(“DOH”) filed a motion to dismiss the Petition on the grounds that the Court lacked jurisdiction over the
person of the Respondent, the Petition failed to state a cause of action upon which relief can be granted,
and documentary evidence established a defense to the Petition. In March 2010, the Court found that
Petitioner failed to properly serve the DOH and that the Determination was not arbitrary and capricious.
Petitioner moved to reargue, and, upon reargument, the Court adhered to its original determination.
Petitioner filed a Notice of Appeal.


In the Matter of the Application of Greenburgh Central School District No. 7, Stephen Draper and
Peggy Zottola v. Westchester County Human Rights Commission
Current Status: The Petitioner was dismissed.
Dollars Saved: It is difficult to determine.
Description: In this Article 78 proceeding Petitioners sought an Order (a) vacating and reversing the
Human Rights Commission’s (hereinafter “HRC”) July 10, 2009 Final Determination and Order
(hereinafter Order”) finding the Petitioners discriminated against LaVerne Scarincii (hereinafter
“Complainant”) on the basis of her age and awarding damages against them. Petitioners argued that the
Order should be vacated because there was a lack of substantial evidence and they requested a
restraining order preventing Complainant from collecting the damages she was awarded. The County
filed a Motion to Dismiss and the Court issued a Decision and Order dismissing the Petition for lack of
personal jurisdiction. Petitioners filed a Notice of Appeal.

Michael Wojtusiak v. Westchester County Department of Correction, et al
When Initiated: 2009
Current Status: The Petition was dismissed.
Dollars Saved: It is difficult to determine, although had Petitioner prevailed, this case could have set a
precedent adversely affecting the County’s discretion when screening applicants for employment.
Description: Petitioner brought a CPLR Article 78 Action seeking a judgment annulling and reversing a
determination by the Department of Correction (“DOC”) disqualifying him from eligibility for
                                                        51
appointment as a County Correction Officer. The decision to disqualify petitioner was based on his
failure of the psychological screening conducted during the application process. The Court agreed with
the County that when considering the medical fitness of applicants, DOC is entitled to rely on the
findings of it medical personnel, even if those findings contradict the findings of a professional retained
by the Petitioner. The Court also agreed that there existed a rational basis to support its finding that
Petitioner was not qualified to be a Correction Officer.

State Division of Human Rights

Joyce Drummond v. Westchester County Department of Transportation
When Initiated: 2009
Current Status: This case was dismissed against the County.
Dollars Saved: It is difficult to estimate.
Description: Joyce Drummond filed a complaint with the New York State Division of Human Rights
alleging that she was discriminated against by reason of her disability in violation of the New York State
Human Rights Law (New York Exec. Law, Article 15, §296). Specifically, Ms. Drummond alleged that
on three separate occasions she was denied the right to board a Westchester County bus solely because
of her disability. She further alleged that, on at least one of the three occasions referenced in the
Complaint, the bus driver did allow non-disabled passengers to board the bus, despite the fact he would
not allow Ms. Drummond to board. After filing a response on behalf of the County, the State Division
of Human Rights rendered a decision in favor of the County finding that there was no probable cause to
believe that the County engaged in any unlawful discriminatory practice.

Lanzetta v. Westchester County, Department of Social Services
When Initiated: 2008
Dollars Saved: It is difficult to estimate.
Current Status: Case was dismissed in its entirety.
Description: In this State Division of Human Rights matter, Claimant alleges that the County engaged in
an unlawful discriminatory practice relating to her alleged disability in violation of Section 296 of the
New York State Human Rights Law. Specifically, Complainant claims that, on January 3, 2008,
Respondent unlawfully discriminated against her on the basis of her alleged disability – carpal tunnel
syndrome – when the handicapped accessible entrance to the DSS Mount Vernon Center located at 100
East First Street, Mount Vernon, New York 10550 failed to open upon her pressing the entrance button.
Because the handicapped accessible entrance failed to open, Complainant alleges that she was forced to
gain entry through a revolving door, and thus suffered an injury. In response to Complainant’s claims,
the County requested that the claims be dismissed as being without merit. Specifically, the County
argued that Complainant was able to access the facility through a revolving door, as were other disabled
members of the community. By Determination and Order After Investigation, dated January 12, 2010,
the Regional Director of the SDHR found that the Complainant was able to enter the building through a
revolving door, as did other disabled people.

Alison Pinsley v. Westchester County, Department of Health
When Initiated: 2009
Current Status: The case was dismissed against the County.
Dollars Saved: It is difficult to estimate the dollars saved by this dismissal.
Description: Complainant filed a Notice of Charge of Discrimination with the New York State Division
of Human Rights (“SDHR”) alleging unlawful discriminatory practice relating to employment
purportedly based upon disability in violation of the New York State Human Rights Law (Executive
                                                          52
Law, Article 15) Section 296 and in violation of the Americans with Disabilities Act of 1990, as
amended. It appears that the “disability” to which Complainant refers is a “worker’s comp disability
11/08” or an alleged work related injury to her left leg for which Complainant never took any leave.
The County filed a position statement and the SDHR conducted a conference at which all the parties and
counsel were present. After the conference, Complainant agreed to withdraw the complaint.

Seving Senol v. Westchester County Department of Social Services
When Initiated: 2008
Dollars Saved: It is difficult to estimate.
Current Status: Case was dismissed in its entirety.
Description: In this U.S. Equal Employment Opportunity Commission matter, Complainant filed a
Charge of Discrimination with the EEOC on April 27, 2009 (the “Charge”), alleging that on or about
April 21, 2008, she was the subject of discrimination by Respondent based upon her race, national
origin, sex and for retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”).
Specifically, Complainant alleged that she was wrongfully terminated from her position at the
Westchester County Department of Social Services after she complained to a supervisor about sexual
harassment in the workplace. In response to Complainant’s claims, the County moved to dismiss her
claims for failing to allege facts giving rise to an inference that she suffered an adverse employment
action that was motivated by discrimination on the basis of her status as a foreign-born female. The
County also offered evidence of a legitimate and non-discriminatory reason for its termination of
Complainant’s employment – that despite being repeatedly counseled and cautioned of her poor
performance both verbally and in writing, after nearly a year of training, Complainant was unable to
independently perform the duties of the position of Senior Social Caseworker. By Decision, dated June
15, 2010, the EEOC dismissed the Complaint against the County, finding that it was unable to establish
a violation of any applicable law.


Recovery of Medicaid Claims/Liens

New York Social Services Law enables the County to procedurally enforce its substantive right to
pursue repayment from the responsible third parties by the placement of a lien for public assistance on
personal injury claims and suits against third parties to the extent of the expenditures made on the
recipient’s behalf. The Social Services Law also authorizes the placement of claims on estate assets for
any assistance received by the decedent ten years prior to the date of death. DSS’ recovery is realized
when the claim of the public assistance recipient is resolved and/or when the estate is settled by the
executor or administrator.


In the Matter of the Estate of Kenneth Belding.
When Initiated: 2009
Current Status: The County recovered $167,276.14 in Medicaid expenditures.
Dollars Saved: The benefit of the money recovered is difficult to calculate as, in
addition to the actual funds, the fact that a recovery was made constitutes evidence of compliance with
the State mandate to make efforts to recover such expenditures.
Description:      The Department of Social Services was a preferred creditor of the Estate of Kenneth
Belding for the sum of $418,773.76 (“Claim”) for assistance rendered pursuant to Social Services Law
§§104 and 369, and Surrogate Court Procedure Act (“SCPA”) §1811.

                                                       53
Mr. Belding was predeceased by his wife Zoe Belding. The sole estate asset is real property located at 112
Bedford Road,           Pleasantville, New York. Family Services Society, as the Court-appointed guardian
of Kenneth Belding pursuant to Mental Hygiene Law Article 81, prior to his demise entered into a contract
to sell the property for $305,000. However, upon the death of Kenneth Belding, Family Services Society no
longer had the authority to complete the sale, and the Administratrix did not complete the sale. The Village
of Pleasantville and Town of Mount Pleasant included the property in their in rem foreclosure proceedings
for tax delinquencies. If the property was sold at foreclosure, the Department would lose its claim. The
County submitted a Petition to the court seeking an Order and Decree: (a) revoking the Letters
Testamentary previously issued pursuant to SCPA Sections 711 and 719; and (b) appointing the Public
Administrator for Westchester County as Administrator dbn for the Estate of Kenneth Belding pursuant to
SCPA §1007.

By Decree dated September 8, 2009, the Surrogate granted the Petition and issued letters of administration
to the Public Administrator. In 2010, the Public Administrator sold the property and, upon approval of his
accounting, paid $167,276.14, representing the balance of the net estate assets, to the Department of Social
Services.


In the Matter of D.S.
When Initiated: 2009
Current Status: The County recovered $650,000 in Medicaid expenditures.
Dollars Saved: The benefit of the money recovered is difficult to calculate as, in addition to the
actual funds, the fact that a recovery was made constitutes evidence of compliance with the State
mandate to make efforts to recover such expenditures.
Description:      The infant compromise order, settling a medical malpractice claim of minor Medicaid
Recipient Davianna Bent-Sewell, failed to account for payment of Medicaid expenditures incurred as a
result of the malpractice.    Subsequent to settlement of the medical malpractice claim, the
Department of Social Services was noticed and participated in the appointment of a guardian for the
minor. In the course of the guardianship proceeding, the County negotiated the recoupment of $650,000
of Medicaid expenditures and the terms of a supplemental needs trust with provisions mandating
reimbursement of all Medicaid expenses upon termination of the trust.


In the Matter of N.C.
When Initiated: 2009
Current Status: The Final Order on the sale of the property was issued on February 23, 2010, and
the County recovered $59,431.53 Medicaid expenditures.
Dollars Saved: The benefit of the money recovered is difficult to calculate as, in addition to the actual
funds, the fact that a recovery was made constitutes evidence of compliance with the State mandate to
make efforts to recover such expenditures.
Description: Medicaid Recipient N.C. was ¼ owner of real property located in Mamaroneck, but was
residing in a nursing home. Medicaid had expended approximately $75,000 for her care. The owners of
the property, including N.C., had been involved in litigation for several years with respect to the true
ownership of the property. During that litigation, N.C. became incapacitated and a guardianship
proceeding was instituted. The County was placed on notice of the guardianship proceeding, and upon
identifying a potential sale of the real property in the companion lawsuit, perfected a lien against the
property. Despite attempts to seek a compromise of the County’s lien, the recovery of $59,431.53
represents the full value of N.C.s share in the real property.
                                                          54
In the Matter of J.D.
When Initiated: 2009
Current Status: The County recovered $20,000 in Medicaid expenditures.
Dollars Saved: The benefit of the money recovered is difficult to calculate as, in addition to the actual
funds, the fact that a recovery was made constitutes evidence of compliance with the State mandate to
make efforts to recover such expenditures.
Description: Medicaid recipient J.D., through his counsel, sought to avoid repayment of a $23,788.82
Social Services Law §104-b Medicaid claim against the proceeds of his personal injury settlement.
Following lengthy negotiations with counsel, the County recovered nearly 100% of the claim.


In the Matter of H.H., an Incapacitated Person.
When Initiated: 2009
Current Status: Petitioner’s motion was denied.
Dollars Saved: The County saved $17,360.50. in Medicaid funds.
Description:     H.H. is an incapacitated Medicaid recipient (“IP”)           institutionalized at Sky View
Healthcare Center. Sky View petitioned the Mental Hygiene Law Article 81 part of Westchester
Supreme Court, seeking a retroactive recalculation and reduction of the IP’s contribution to her nursing
home care to allow her income to be applied toward payment of the attorneys’ fees (incurred in the
previous petition to find her incapacitated in 2007) and to fund a pre-need funeral trust. The County
opposed the use of the IP’s income (as opposed to her resources) to fund a pre-need funeral trust, the
retroactive reduction of the IP’s income to pay the attorneys’ fees, and any retroactive reduction in the
IP’s contribution to her nursing care. The retroactive reduction in the IP’s contribution would increase
the Medicaid contribution to Sky View retroactively, and impose the obligation to pay the balance due
to SkyView in the amount of $17,360.50 upon the Department of Social Services as a Medicaid
expense. In April 2010, the Court denied the Petition in its entirety.


Johnson v. Department of Social Services
When Initiated: 2009
Current Status: The case has been withdrawn against the County and the County recovered
$5,807.65 in public assistance and $1,192.35 in Medicaid expenditures.
Dollars Saved: The benefit of the money recovered is difficult to calculate as, in addition to the actual
funds, the fact that a recovery was made constitutes evidence of compliance with the State mandate to
make efforts to recover such expenditures.
Description: Recipient Kim Johnson commenced a lawsuit against the Department of Social Services
seeking to avoid repayment of a $5,807.65 public assistance claim and $2,009.70 Social Services Law
§104-b Medicaid claim against the proceeds of her personal injury settlement. The County moved to
dismiss as the Department of Social Services is not an entity capable of being sued. Although the
motion to dismiss was denied, Ms. Johnson’s attorney recognized that the denial was not in accordance
with the applicable law cited in the County’s papers and subject to reversal on appeal, and voluntarily
withdrew the action. Despite the attorney’s prior position that he would not make any payments against
the claim, following the motion he agreed to pay the full value of the public assistance claim and more
than 50% of the Medicaid claim.


                                                        55
In the Matter of the Judicial Settlement of the Account Proceedings of the Estate of Dorothy Kearns
When Initiated: 2009
Current Status: By Decision and Order dated 10/23/09, the Surrogate’s Court ordered payment of
DSS’ priority claim from the monies remaining in the estate.
Dollars Saved: The County was able to recover $32,337.41 of the $44,331.81 total lien amount.
Description: Dorothy Kearns was a Medicaid recipient from approximately January of 1996 until on or
about the time of her death on January 2, 2006. As of Dorothy Kearn’s date of death, Westchester
County provided assistance to Ms. Kearns in the amount of $44,331.81. Accordingly, DSS has a lien on
the Estate in the amount of $44,331.81. On or about May 13, 2009, counsel for executrix of the Estate
filed and served a citation which requested that the Court reject the claim of DSS. DSS, a preferred
creditor, has a statutory obligation to enforce its Claim upon all the permissible and available assets of
the estate, and accordingly, the County filed Objections to the above citation. By Decision and Order of
the Surrogate’s Court, the Court adopted DSS’ position and ordered payment of DSS’ priority claim
from the monies remaining in the estate. The County has since been paid the balance of the funds
remaining in the estate and was able to recover $32,337.41 of the $44,331.81 total lien amount.


In the Matter of the Estate of M.P.
When Initiated: 2009
Current Status: The County recovered $35,121.63 in Medicaid expenditures.
Dollars Saved: The benefit of the money recovered is difficult to calculate as, in addition to the actual
funds, the fact that a recovery was made constitutes evidence of compliance with the State mandate to
make efforts to recover such expenditures.
Description: The fiduciary of the Estate of M.P., a Medicaid recipient, sought to reject the County’s
$97,742.00 Medicaid claim against the Estate. The sole beneficiary of the Estate produced evidence of
hardship and could have been construed by the Court to have a full and permanent disability, which
would bar recovery of Medicaid expenditures under Social Services Law §369. As a result, the matter
was compromised and the County was able to recover approximately 50% of the value of the Estate.


In the Matter of the Judicial Settlement of the Account Proceedings of the Estate of Fred Smith, Jr.
When Initiated: 2008
Current Status: The Surrogate’s Court ordered payment of DSS’ priority claim from the monies
remaining in the estate.
Dollars Saved: The County was able to recover $34,460.47 of the $243,760.84 total lien amount.
Description: As of Fred Smith’s date of death, Westchester County provided assistance to Mr. Smith in
the amount of $243,760.84. Accordingly, DSS has a lien on the Estate in the amount of $243,760.84.
On or about October 10, 2008, counsel for the estate filed and served a citation and accounting of estate
funds. Once said estate was settled, the County’s pursuit of its lien resulted in the recovery of
$34,460.47 of the $243,760.84 total lien amount.

In the Matter of the Estate of Vitina Sposito
When Initiated: 2004
Current Status: The Public Administrator has been appointed to finalize the Estate.
Dollars Saved: The monetary benefit of the matter is difficult to calculate as the fact that actions are
being taken to recover expenditures constitutes evidence of compliance with the State mandate to make
efforts to recover such expenditures.

                                                       56
Description: The County holds a $213,136.70 Medicaid claim against the Estate, which has liquid
assets and Ms. Sposito was partial owner of real property. The real property was owned by several
family members, two of whom were living in the property without the payment of rent to the Estate.
Due to this fact, there was little action taken by the Estate to sell the property, settle the Medicaid claim,
and finalize the Estate. In 2006, a fiduciary of the Estate died and the County petitioned to have the
Public Administrator appointed; that petition was denied by the Court. In 2010, the County petitioned
for the removal of the current fiduciary and for the appointment of the Public Administrator. Despite
submitting opposing papers, following a Court conference wherein the merits of the petition were
argued, the other parties removed their objections. The Public Administrator has been appointed and the
real property has been sold. The Public Administrator is reviewing the prior transactions in the Estate
and attempting to recover the liquid assets, which are allegedly being held by the attorney of the former
fiduciary. At such time as the review is complete, it is anticipated that the County will receive the full
value of its claim or the full value of the Estate, whichever is less.




FORECLOSURE

In the Matter of the Foreclosure of Tax Liens by Proceeding in Rem Pursuant to Article Eleven of the
Real Property Tax Law by the Town of Rye concerning Premises at 9 Bush Avenue, Port Chester, New
York.
When Initiated: 2009
Current Status: The County recovered $37,422.56 in payment of the balance due                  on a mortgage.
Dollars Saved: $37,422.56.
Description:      Petitioner, Town of Rye (“the Town”), commenced an action by Petition of
Foreclosure and Notice of Foreclosure of Tax Liens, pursuant to Real Property Tax Law Article 11,
seeking foreclosure of certain Town tax        lien(s) regarding, inter alia, a parcel located at 9 Bush
Avenue, Port Chester, New York 10573. The County served and filed its Answer asserting its
secured        interest in the parcel by virtue of a Mortgage executed on January 6, 1986, by the
owner’s predecessor in interest, Juemel Peay. Prior to the determination of the Town’s motion for
summary judgment, and after extensive negotiations, the owner paid the County the outstanding
mortgage balance of $37,422.56.




                                                         57
Family Court Bureau

    Name of Accomplishment: Westchester County Child Fatality Review Team (CFRT)
    When Initiated: January 1, 2006
    Current Status: September 2010 successfully applied for $74,000 for CFRT Coordinator.
    Dollars Saved: Grant will relieve current staff of coordination responsibilities. Prevention of
    future child deaths.
    Description: The mission of the CFRT is to improve the safety and well-being of children by
    changing systems that are failing to protect children. A secondary mission is to educate the
    public about how children die. This is accomplished through a collaborative effort by
    government and community based agencies. The emphasis of the CFRT is a team approach to
    review child fatalities, review processes and history of the family with WCDSS, to create a
    corrective action plan when needed, and to write all fatality reports. Westchester County is the
    only county in NYS to write its own fatality reports.

    Name of Accomplishment: Mount Vernon Board of Education Truancy Project
    When Initiated: January 2009
    Current Status: Active
    Dollars Saved: None
    Description: Truancy in Mount Vernon has lead to increased gang involvement and parents
    keeping children home when they are required to be in school. Since the truancy community
    education and program to get Mount Vernon children in school commenced Mount Vernon has
    greatly improved its attendance and Mount Vernon parents have been receptive to additional
    community and school support. Increased educational neglect reports have resulted in additional
    use of community services to families.

    Name of Accomplishment: Westchester County Multi-Disciplinary Team (MDT)/CAC
    When Initiated: May 2004
    Current Status: Active. Established an OCFS accredited MDT in early 2009. Received CAC
    accreditation from the National Children’s’ Alliance and NYS OCFS in late 2009.

                                                   58
Dollars Saved: The Westchester County MDT seeks to reduce trauma to child victims of abuse
by ensuring that allegations of child sexual and/or physical abuse are investigated in a
collaborative fashion. Collaborative sex abuse investigations eliminates duplication of efforts
and ensures successful Family Court prosecution thereby decreasing the amount of monies
expended by Westchester County for investigation and prosecution of child sex abuse matters.
Description: The Westchester County MDT members include the District Attorney’s office, the
County Attorney’s office, local police jurisdictions and DSS. It also includes the Children’s
Advocacy Center, and works collaboratively with the CAC to ensure timely case reviews, case
tracking and joint investigations. One seasoned Family Court attorney oversees all MDT
prosecutions.

Name of Accomplishment: Integrated Youth Court (IYC)
When Initiated: March, 2007.
Current Status: Active.
Description: One Judge, sitting as a Family Court Judge and a County Court Judge presides over
matters involving youth 16-19 years old who have both Family Court and Criminal Court
involvement. It is a dispositional court, granting the Judge the authority to use all Family court
dispositional alternatives in a criminal court matter. It is staffed by an attorney who is familiar
with criminal and JD matters.

Name of Accomplishment: Training Initiative – CAO, Probation and local school districts
When Initiated: .September 2010
Current Status: Active
Description: The training is designed to inform local school districts about Person In Need Of
Supervision (PINS) school referrals. Probation and the CAO designed referral forms for schools
to use as the schools have indicated that they do not know or understand the PINS process, and
have had difficulty accessing probation personnel for an explanation.

Name of Accomplishment: Training Initiative – Local Police Departments in Westchester
County
When Initiated: January 2007
Current Status: Ongoing
Description: In an effort to have juvenile matters identified properly and treated appropriately
the Family Court bureau attorneys continue to train local police departments as a need is
identified, and remain in continuous contact with the youth police officers in the larger police
jurisdictions.

Name of Accomplishment: Westchester County Attorney advising DSS in District Offices
When Initiated: March 2007
Current Status: Active
Dollars Saved: Not Applicable
Description: The CAO currently provides legal services at the DSS District Offices. These
services include staffing at the DO’s, and lunch and learn trainings as well as monthly to
quarterly meetings with senior DSS staff to review ongoing concerns. .

Name of Accomplishment: Yonkers Board of Education Truancy Project
When Initiated: January 2007
Current Status: Active
                                       59
Dollars Saved: None
Description: The increase in gang related activities in Yonkers was identified as resulting in part
from the high rate of truancy of students from Yonkers Public Schools. The CAO participated in
numerous meetings with Yonkers PD, DSS, the judiciary, Probation, and Yonkers school
personnel to address truancy issues, and helped draft a form to guide school personnel in calling
the State Central Registry to report educational neglect. Additional attorneys have been hired to
prosecute the increased educational neglect petitions that have resulted from this initiative.
expected to result from the increase in calls to the State Central Registry.

Name of Accomplishment: Order Scanning Project
When Initiated: July 2008
Current Status: Active
Dollars Saved: Previously all of the signed orders were copied and sent to DSS. Additionally
Family Court bureau attorneys would spend considerable time looking for previous court orders.
This initiative will save money and time, by providing the opportunity to search for relevant
court orders through the OnBase system.
Description: The Family Court proceedings generate thousands of orders a year. Many of these
orders are needed by DSS to comply with federal and state audit requirements. The Family
Court Bureau has scanned in all signed orders since July, 2008 and has indexed them to allow
DSS and other Family Court bureau attorneys’ access.




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