Police Report -Fireworks at Edgemont High School and a House Fire in Scarsdale
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Greenburgh Police Report: Unused fireworks were found on the grounds of Edgemont High School on Wednesday morning 12/22. This is not the first time fireworks were found and the school asked for additional monitoring. Dispute: On the afternoon of 12/22, Jimmy Derentits, the owner of the Gulf Station at 880 South Central Avenue reported that he had a verbal dispute with an elderly male driving a black Ford Escape. As the man drove away, the driver’s side mirror of the Ford struck Derentits in the shoulder. Though Derentits did not want medical help, police traced the owner of the car and found that it belonged to Lawrence Giordano of Poughkeepsie, New York. Police called Poughkeepsie Police who went to Giordano’s home.
Smokin: Krysten Snyder, age 22 of Elmsford was charged with unlawful possession of marijuana when she was found smoking with two friends in a parked car at 173 Central Avenue at on the night of 12/22.
Suspicious Car: An unidentified black town car was parked in the driveway of a home on Sundale Place in Scarsdale on 12/23. When the driver saw the housekeeper outside, he quickly drove away. The same town car was also spotted in a neighbor’s driveway, while the neighbor’s were on vacation.
Suspicious Man: Vinny Rivera of Sally’s Beauty Supply in Hartsdale called police on the afternoon of 12/22 when a customer left the store without paying for merchandise. Police canvassed the area and thought they found a man matching the description of the suspect waiting for a bus on Central Avenue. Though the man said that he had visited the store, he denied leaving with any merchandise and did not have the items with him. He was taken to the store and the manager said that she could not see clearly as her eyesight was not very good but that this was not the man in question.
Tripped: A Hartsdale woman came to police to report that she tripped on the sidewalk in Hartsdale on 12/20 and injured her wrist and got a black eye. When she returned to the spot she had fallen on 12/23 it appeared that the sidewalk had been fixed. Police advised her that she could pursue the matter in civil court.
Scarsdale Policie Report:
SCARVAC and the Scarsdale Fire Department removed an injured woman from the second story of her Ridgecrest East home on the morning of 12/27.
A Fox Meadow man was arrested for a hit and run accident in the past when he left the scene of the accident. He turned himself into police on the night of 12/30.
Snow trouble: Barry from Trapp Opticians called police on 12/28 to say that Harwood Court had been closed off all morning due to the snow. A Montrose Road man reported that a snowplow damaged his property at noon on 12/28/10. The plow driver lost control of his plow, jumped the curve and hit a tree at 35 Montrose Road.
Locked out: Crossway residents were locked out of their home on the night of 12/28. Police were able to enter the home through a garage door.
Locked in: A 3 year old girl locked herself into the bathroom of a Brewster Road home on the afternoon of January 2nd and was unable to open the door. Police were able to help her to unlock it.
Lost: On Colvin Road, on the morning of 12/23 a woman called to say that her husband, who suffers from Alzheimers, had left the house during the night and was missing, She later found him in the garage in good condition.
A distraught South Carolina woman was dropped off at the wrong address on Jefferson Road at 10 pm on the night of 12/26. She was found in the street awaiting a pickup from a friend.
Open Door: A concerned Ogden Road called police at 12:41 am on 12/29 when she noticed that her elderly neighbor’s front door was open. Police stopped by and checked the house and found the woman asleep in her bedroom and told her neighbor that she was fine.
Animals: on the afternoon of 12/23 an Ardsley man found a dog in front of the Scarsdale Police Trailer on Tompkins Road. The dog had no tags or id. It was placed in the dog pen and the New Rochelle Humane Society retrieved it.
Police responded to a report of a loose golden retriever at Park and Mamaroneck Road on the afternoon of 12/30. While they were searching the area, they were approached by Harrison Philipps, who had found the dog. While the dog was at Philipps home, police continued to search and found the dog’s owners.
A Sharon Lane resident found a sick raccoon by his front door on New Year’s Day. By the time police arrived, the raccoon had died and the homeowner agreed to dispose of the remains.
Disputes: On the morning of 12/22, A Colvin Road girl called police when her sister took her driver’s license and refused to return it. When police arrived their Mom had mediated.
On the afternoon of 12/22 police were called about a contractor who cut wires and threatened a homeowner on Aspen Road. The homeowner requested extra police ride-bys.
Kids: At 1:30 am on 12/24 a Secor Road woman came home and found her 19 year-old son in the house with multiple guests. She questioned him about inviting people over without her permission and he got upset. The boy agreed to spend the night at a friend’s house/
There was a report of kids throwing eggs out of a car at Sheldrake and Mamaroneck Road at 10 pm on 12/28. Police searched the area but were unable to locate the car.
At 3 am on New Year’s Eve police were called about a fight on Bell Road. When they arrived they spoke with a man who was out in the street smoking cigarettes with friends. They all agreed to leave the area.
Also on New Year’s Eve, a River Road girl called police at 11:30 pm for help in getting uninvited guests with alcohol to leave her house. And shortly after midnight, police were called when a group of kids were throwing snowballs on Greenacres Avenue. Police did not find the suspects.
Identity Theft: A Cushman Road resident went to the ATM machine and found that her debt card was not working on 12/21. When her husband called the bank he learned that someone had gained access to their account and changed the mailing address, email address and passwords of his account. The bank put a hold on the account until the issue could be resolved.
Accidents: At 7:53 pm on 12/26, Jiyin Yang of Avenue D, New York, lost control of his Toyota Suburban traveling down Greenacres Avenue in the snow. The car did a full spin and then hit a telephone pole in front of 18 Greenacres Avenue. The car was too damaged to drive and was towed, and Con Edison deemed the pole to be safe and intact.
A 2006 Toyota, parked in a driveway on Johnson Road was damaged on 12/21 when a rock or another hard object flew in the passenger side window, ricocheted and exited through the moon roof. A company called All American Tree was working nearby, removing a tree stump for Scarsdale Village. Police believe the object was thrown by the tree company’s machinery. Damage is estimated at $500.
Fire: On Christmas Day a fire broke out in a home at 5 Sage Terrace. Police were able to put out the fire by spraying water into the home through the living room. A living room wall and the ceiling of a basement bathroom had to be knocked down, resulting in damage to the living room and basement. There was also smoke damage throughout the house.
Scarsdale Shovels Out of the Blizzard of 2010
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Over a foot of snow descended on Scarsdale on Sunday, December 26, covering the town in a white powdery mix. The blizzard conditions kept everyone inside on Sunday, but Monday arrived bright and sunny allowing kids to sled at the high school and view the mountains of snow created by the plows. On Monday, many of the stores in the Golden Horseshoe and Heathcote Five Corners were closed, but Balducci's and the gas station were open for business. Downtown Scarsdale was shutdown with the exception of DeCiccos and Starbucks. Though the storm snarled some people's travel plans for others it was an excuse to take a lazy day off. Take a look at these dazzling photos of Scarsdale in the snow and send your own snow photos to scarsdalecomments@gmail.com and we will post them. Happy shoveling!
Article and photos provided by Angela Manson.
Mara Liasson of NPR Addresses the Scarsdale Forum
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NPR’s Mara Liasson returned to Scarsdale on Sunday December 12th to address the Scarsdale Forum at the Scarsdale Woman’s Club. Liasson, a well-known voice on NPR’s All Things Considered and Morning Edition can also be seen on the Fox News Channel were she is a political contributor. She graduated from Scarsdale High School in 1973 and spent the following day there speaking with current students.
Clearly at ease in front of an audience, Liasson spoke without any notes giving her observations on the political scene in a talk called “A View From Washington.”
She discussed politics, and drew laughs when she explained that the word politics is derived from “poly”, meaning “many” and “tics,” meaning blood-sucking insects. Discussing the recent tax compromise, she told the group that it might be a better deal for Democrats than it appeared, as it will extend unemployment benefits and tax cuts for the middle class. She recounted her surprise when President Bill Clinton appeared in the briefing room when Obama was announcing the compromise. Clinton, who Liasson called “the ultimate Huckster,” clearly enjoyed taking the stage to let the press know that this was a great deal.
Liasson went on to discuss the recent election and noted that this was the third consecutive midterm election when the President lost the support of Congress. In her view, the election results display real volatility for Democrats as Republicans swept the Midwest and will control redistricting.
Despite the losses, Liasson contends that there remain good opportunities for Obama to work in a bipartisan fashion to define the fundamental role of government, correct our financial system and address education. In her view, Obama will need to educate the public about how we can cut the deficit and bring constituents into the decision-making process.
When asked about the leading contenders for the Republican nomination in 2012, Liasson listed Mitt Romney and Sarah Palin and said that any Democrat who challenged Obama for the nomination would risk alienating the African-American vote.
She called Clinton the best politician of his generation and advised Obama, who tends to be introverted and cerebral, to co-opt more of his colleagues in efforts to win bipartisan support for his agenda.
Liasson was poised, eloquent and insightful and we thank her and the Scarsdale Forum for arranging this informative afternoon.
The Sunday Speaker Series programs are open to the public, free of charge and are underwritten in part by a generous grant from the Irving J. Sloan Education Fund, made possible by the Liz Claiborne-Arthur Ortenberg Foundation.
Trustees Amend Restrictive Pet Poop Law
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An amendment to a new pet law was reviewed by Scarsdale Village Trustees at a meeting on December 20, 2010. The Trustees Law Committee met to revise a recently enacted law that actually forbade pets from doing their business on Village streets and other public property. Under the amended law, pets will be permitted to defecate on any sidewalk, walkway, driveway, public park, playground or public place if the owner or person who has custody of the dog promptly removes any feces let by the dog. Under the amended law, no matter where a pet goes, no violations will be given as long as pet owners clean up after their furry friends.
The Trustees also discussed how long an unidentified dog will be held before being put up for adoption by the New Rochelle Humane Society. The New Rochelle Humane Society is contracted to provide the Village with municipal dog shelter service and does not kill animals.Under the law, unidentified dogs will be held by the Society for five days, and identified dogs will be held for a period of nine days while authorities attempt to notify the owner via phone and mail. Following that period, the dogs will be available for adoption.
A public hearing for the proposed amendments will be held on January 11, 2011 at 8 pm at Village Hall.
The Crisis in Judicial Nominations and Confirmations
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There is crisis in the Federal courts today -- an unprecedented absence of judicial nominations and confirmations. The numbers are startling: 104 current vacancies, 20 at the Circuit level and 84 at the District Court level, a vacancy rate of 11.9 percent, with 48 “judicial emergencies” as determined by the Administrative Office of the U.S. Courts. There are 18 more announced vacancies, where judges have publicly announced their imminent retirement.
There are numerous consequences of this crisis, many of which are known by the lawyers who try cases and judges who hear them: high vacancy rates lead to enlarged dockets, increased wait times, an overburdened judicial staff, and, perhaps, less instructive decisions than might otherwise result from less burdened judges. This will have a direct impact on thousands of ordinary Americans, who may see the desire for justice significantly delayed or denied altogether. Nominating and confirming individuals to fill judicial vacancies is critical to the smooth functioning of the judicial system.
What is the cause of this crisis? First and foremost, is the unprecedented delay in the confirmation process. In the current Congress, fewer than half of the judicial nominees reported out by the Senate Judiciary Committee have been confirmed. As of November 19, there were 54 pending nominations, of which 31 are pending hearing at the Judiciary Committee and 23 are pending on the floor of the U.S. Senate waiting for an up-or-down vote. Of the latter, six are at the Circuit level and 17 at the District Court level, one since October 2009 and many for as long as five months.
How did we get into this situation? Even more importantly, how can we extricate ourselves from it so that the Federal Courts can again be at full strength?
There is plenty of blame to go around. President Obama raised hopes among lawyers that, as a former law professor, he would move to fill the many vacancies that existed in early 2009. That hope was dashed as the president, perhaps preoccupied by other crises at home and abroad, was slow to make judicial nominations.
But delays in making nominations also are the result of action -- or inaction -- by other parties. Even before the president makes a nomination, senators (and sometimes representatives) from each state traditionally make recommendations to the president of potential nominees, and many delays have resulted from an inability or unwillingness of the relevant senator to make a selection. After a recommendation is made, the appointee must be vetted thoroughly by the FBI and Justice Department, as well as by the American Bar Association’s Standing Committee on the Federal Judiciary, processes that all contribute significantly to pre-nomination delays.
Hearings are then scheduled by the Senate Judiciary Committee. Unlike other aspects of the process, the Committee process has been relatively speedy: nominees under President Obama have waited an average of 42 days from nomination to being voted on by Committee, and reported to the floor, which is faster than Bush’s nominees were considered at a comparable time. More significant, however, have been the unconscionable delays in the Senate since January 2009, which have prevented many judicial nominees from coming to a vote by the full Senate. Judicial confirmation rates in this Congress have reached an all-time low. According to a Brookings Institute study, despite a Democratic Senate majority, Obama’s appeals court nominees have taken much longer than Bush’s nominees -- an average of 202 days versus 154. As of last April, four of Obama’s seven circuit appointees waited more than 180 days for confirmation. Since then, the delays have grown even longer.
To date, the Senate has confirmed less than half of the judicial nominees made by Obama. By contrast, at this point in the 107th Congress, the Senate had confirmed 61 percent of Bush's judicial nominations.
President Obama has pointed out that of the 23 judicial nominees on the floor sixteen had received unanimous support at the Judiciary Committee, a fact that should have suggested that the nominations were not controversial.
The most accurate explanation of this obstruction and delay seems to be that judicial nominations have become a pawn in the partisan battle that has enveloped 
Washington over the last several years. Judicial nominations are being held hostage to the views of the present Senate minority which is systematically objecting to unanimous consent to taking floor votes and is forcing a cloture vote on every nominee, whether controversial or not: unless 60 senators are present and will vote to close debate on a nomination, the nominee will not even come up for a vote.
The onerous process the Senate uses to bring a vote to cloture rules out other business taking place on the Senate floor. Strikingly, on those few occasions that cloture has been invoked, the nominees have then passed by unanimous or near unanimous votes, an indication of the arbitrariness of the delay efforts. On most occasions, once a single senator voices objection to the unanimous consent request to bring a nomination to a vote, the majority leader has not taken the step of seeking a cloture vote because of the press of other business.
What can be done to change the process to allow debate and votes on judicial nominees? The only solution presently being discussed is procedural reform. Sen. Majority Leader Harry Reid has promised that filibuster reform will be high on the agenda of the new Congress, and Senator Schumer, third-ranking senator on the Democratic side, has been holding hearings on filibuster reform. But the mid-term elections and the diminishing of the Democrat’s majority means that those interested in reform will face a daunting challenge.
There appear to be only two ways to change the rules. One is to rewrite Rule 22 itself. However, because of the present wording of Rule 22, any change to the sixty-vote threshold would itself require sixty-seven votes, truly a Catch-22 situation. A second route has been proposed by Senator Tom Udall -- relying on Supreme Court precedent that no Congress can set rules so as to bind a future Congress, Senator Udall argues that each new Senate may set its rules by a simple majority vote. That alternative has its supporters but even that route could well be an impossible one to pursue.
There have also been possible litigation solutions discussed from time to time, based upon the analysis that the use of the filibuster is unconstitutional.
The argument relies in part on the Supreme Court’s 1892 holding in United States v. Ballin that found that when a majority is present the house is in a position to do business and its capacity to transact business does not depend upon the disposition or assent or action of any single member or fraction of the majority present. Even assuming that today’s Supreme Court would follow that principle, however, it is not at all clear that a judicial nominee who was thwarted by the need to have a cloture vote taken to be confirmed would have judicial standing to raise any of these arguments in a constitutional litigation.
We are thus left with a crisis that grows worse as sitting judges grow older and retire. As Attorney General Holder recently warned, “Because of projected retirements and other demographic changes, the number of annual new vacancies in the next decade will be 33 percent greater than in the past three decades.” Indeed, with one-eighth the authorized seats vacant, there are more vacancies today than existed when President Obama took office. The institution of the U.S. Senate seems presently incapable of resolving the crisis. One can only hope that a sense of bipartisan cooperation, perhaps inspired by pressure on individual senators from those who are most affected, individuals, companies, and their legal representatives, by sitting judges, such as Justices Ginsburg and Kennedy, who spoke out recently about the crisis, and an aroused media, will return to that institution on this critical issue, if not on others, in the very near future.
David Brodsky has lived in Scarsdale with his wife Stacey and their two daughters, Izzy and Nell, since 1993. Nell. He has one son, Peter, by a prior marriage. Brodsky is a partner in the law firm of Latham & Watkins, a graduate of Brown University and Harvard Law School and he is a member of the Board of the American Constitution Society.
