Update On Zoning Board/Faith Bible Lawsuit

So, as it were, I'm in the highest court in the land (of New York State).  Thankfully it's located in Brooklyn Heights, about 15 minutes from my office.  It's official title is:

The courthouse is such a stately building on a movie-set block of brownstones.  So I'm hanging out in the attorney's lounge, pictured below.  That's really about it.  I don't have much more to this story.

How cool are all those pictures of judges?  The clock being off center bothers me.  Or does it? Actually, I'm pretty cool with all the asymmetry in this photo.

Why am I telling you this?  Because it's after midnight and I just got through another day of busting my ass to prove to the Court that what's right is right, and that I'm right.  Will share my reply brief with you after it's complete.  Here's my brief, in the meantime. 

Oh, and for all you pro se petitioner's out there.  If you ever make it this far, and your adversaries reply to your brief by mail at the last minute--the normal 10 day period for you to serve a reply brief is extended to 15 days.  Thank the lord, because I really needed the additional time.  Since it lands on a Saturday I actually get 2 extra days and can serve and file on the 21st.  And that, Mohegan Lake, is today's lesson.

The Most Dangerous Game

And...we're back from an extended silence.  Lots of things to catch up on, including our lawsuit against the Yorktown Zoning Board of Appeals which is currently wending through the 2nd Appellate Division in Brooklyn. 

But first, we got this alert from LoHud last night about a Mohegan Lake man that shot a crossbow at a Mohegan Park employee (seems he didn't like staying there).  Stay alert out there, kids. 

And...We're Back

It's been a while Mohegan Lake.  We took an extended vacation this summer, rolling into the fall, but promise to keep bringing you all the Mohegan Lake news you can handle.



To get you up to speed, please be advised of the following:

• Lakeland athletics continues to be a powerhouse.  Both girls and boys soccer had respectable finishes.  You should make sure you cast your vote for our boys in this LoHud poll.  The girls field hockey team remains amazeballs.  Ranked number 2 in the nation.  Playing for their 6th straight state title, having won 50+ games in a row going back many years.  Stay up to date on the athletics schedule here. 
• The Mohegan Highlands Property Owners Association (MHPOA) is having their first annual Christmas Caroling Classic on Saturday, December 6th, 2014.  We'll have pre-Caroling refreshments at 5pm, with walking around the neighborhood and singing starting at 6pm.  If you're on our mailing list, you'll receive an email with details.  If not, email me at YorktownCode@gmail.com, and I'll hook you up.
• Word on the street is Evan's lawsuit against the Zoning Board of Appeals (ZBA) will be successful.  The court has been reviewing it an inordinate amount of time, likely meaning their having a hard time wording it so as not to hurt the ZBA's feelings.  Also, Silverberg Zalantis got run over by an ambulance they went chasing--but that's a long story for another day.
• The Planning Board approved Faith Bible Church's new building.  If Evan's ZBA petition is successful, it will be challenged in court.  So litigious, so exciting.
• The Mohegan Lake Improvement District (MLID) continues to be a force in actively bettering the health of the lake.  Most of the algae is washed away and the lake looks great, as of Tuesday at MHOPA.  This month's last Thursday meeting will likely be postponed to early December.  Stay tuned.

Marinate on those five issues, and we'll talk soon.

Amended Lawsuit Against My Zoning Board of Appeals

In its entirety:

AMENDED ARTICLE 78 PETITION

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF WESTCHESTER

----------------------------------------------------X

In the Matter of the Application of          :

                                                              :

EVAN DANIEL BRAY,                            :

Petitioner,                                               :

                                           :                   AMENDED VERIFIED PETITION

- against -                                               :

                                              :                            Index No. 1049/14

TOWN OF YORKTOWN                        :

ZONING BOARD OF APPEALS,           :

-and-                                                      :

TOWN OF YORKTOWN                        :

PLANNING BOARD,                              :

-and-                            :

TOWN OF YORKTOWN                        :

TOWN BOARD,                            :

-and-                              :

FAITH BIBLE CHURCH,                        :

-and-                             :

HUDSON VALLEY TEACHERS            :

FEDERAL CREDIT UNION                   :                                     :

Respondents,                                         :

                                                              :

For a Judgment Pursuant to Article 78  :

of the Civil Practice Law and Rules       :

----------------------------------------------------X

To THE SUPREME COURT OF THE STATE OF N

:(

I lost my lawsuit.  Details to come soon.  I'll scan and post the decision.

It reminds me of the first time I lost a wrestling match.  No one to blame but myself.  I got tossed on a technicality.  Lesson learned.

Gotta stay positive.  We have an exciting challenge coming up next month with the planning board.

Quick Update

Things will get a bit more lively on the site  soon.  The lawsuit is coming to a conclusion.  It'll still be a few months before anything is final.  I'm currently fending of a cross-motion to dismiss.  Hiiiiiiya!

I recently saw Laurence Dalfino, architect for my neighbor.  We were both attending a continuing education class on New York City Energy Code.  13 credits--that's good. It was actually held at my Alma mater, The Cooper Union.  Abraham Lincoln once delivered a speech in the same  room we had class; that speech basically secured his nomination.  I actually see Larry down at the DOB a lot, he actually has an office on 5th Avenue in the City.  Small world.  Small world.

What's Happenin' Now

2/24/2012: tomorrow, FBC's attorney is due in court at 9:30 in the "forenoon" [that's fancy lawyer-speak for "morning"]. He's trying to insert himself into the case because he doesn't think the Yorktown's attorney will do a good enough job.

2/28/2012, I will receive the town's motion to dismiss. They will argue that FBC should have been party to my lawsuit. There's still a snowball's chance that happens. 3/6/2012: Assuming I'm not thrown out of court for notifying FBC, I will have served my response to the town's motion to dismiss and reply to my petition to the court. I get the feeling it's going to be summer--at the earliest--before we have resolution. In the meantime, please enjoy this TV theme song instrumental. What'sHappenin' Now!! Oh no I didn't.

Too Legit To Quit

Wow. So, I formally filed my first lawsuit today. It's against the Town of Yorktown Zoning Board of Appeals and it challenges 3 of the 4 variances the ZBA approved for Faith Bible Church. I still have to serve the board; well, technically, because I'm party to the proceeding, I can't do it myself. It looks like I'm going to have to have my wife do it as she's the only other one in the house over 18 not party to the action (I'm accepting volunteers in the comment section, below). Once the zoning board of appeals has been formally served, I'll put the whole thing up on this website; it wouldn't be fair to give them a head-start, right? In other news, I wanted to mention that I have accepted an offer to opine on this subject for a local website. More on that very soon.