DOCSLIB.ORG

STANLEY BARRY, ) )Index No. Plain

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
STANLEY BARRY, ) )Index No. Plain Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF NEW YORK -------------------------------) 4 STANLEY BARRY, ) )Index No. 5 Plaintiff, )650838/2012 ) 6 v. ) ) 7 CLERMONT YORK ASSOCIATES, LLC, ) ) 8 Defendant. ) -------------------------------) 9 10 11 12 13 14 DEPOSITION OF H. THOMAS O'HARA 15 New York, New York 16 Wednesday, March 27, 2013 17 18 19 20 21 22 23 24 Reported by: JOMANNA DeROSA, CSR 25 JOB NO. 59591 TSG Reporting - Worldwide 877-702-9580 Page 2 Page 3 1 1 2 March 27, 2013 2 A P P E A R A N C E S: 3 11:25 a.m. 3 4 4 PARK & JENSEN 5 5 630 Third Avenue 6 Deposition of H. THOMAS O'HARA, 6 New York, New York 10017 7 held at the offices of Manatt, Phelps & 7 BY: DOUGLAS JENSEN, ESQ. 8 Phillips, LLP, 7 Times Square, New York, 8 JOSHUA ANDRIX, ESQ. 9 New York, before Jomanna DeRosa, a 9 10 Certified Shorthand Reporter and 10 MANATT PHELPS & PHILLIPS 11 Notary Public of the States of 11 7 Times Square 12 New York, New Jersey, California 12 New York, New York 10036 13 and Arizona. 13 BY: ANDREW MORRISON, ESQ. 14 14 15 15 WEIL GOTSHAL & MANGES 16 16 767 Fifth Avenue 17 17 New York, New York 10153 18 18 BY: JOSHUA AMSEL, ESQ. 19 19 20 20 21 21 22 22 23 23 24 24 25 25 Page 4 Page 5 1 H. O'HARA 1 H. O'HARA 2 H. T H O M A S O' H A R A, called as a witness, 2 Q. Okay. Have you ever been deposed 3 having been duly sworn by a Notary 3 before? 4 Public, was examined and testified as 4 A. Yes. 5 follows: 5 Q. Okay. So, let me just explain the 6 EXAMINATION BY 6 ground rules briefly to you. 7 MR. MORRISON: 7 A. Sure. 8 Q. Good morning, Mr. O'Hara. 8 Q. Everything that you say is being 9 A. Good morning. 9 taken down by a court reporter. She cannot take 10 Q. My name is Andrew Morrison. I'm a 10 down nods of the head, so please articulate your 11 member of the law firm of Manatt, Phelps & 11 answers. 12 Phillips. I represent the plaintiff, Stanley 12 If you don't understand my 13 Barry, in connection with the action that you've 13 question, please let me know and I'll try to 14 been subpoenaed in, and for which you are 14 rephrase the question. 15 appearing today pursuant to such subpoena. 15 A. Okay. 16 Before we start, first I want to 16 Q. Otherwise I'll assume that you 17 thank you. I know that you have some health 17 understood the question. If you need a break for 18 issues. And I appreciate you making the time for 18 any reason, just let me know. I don't think -- 19 this deposition. 19 well, we can deal with it later on, but I'd like 20 A. My pleasure. Thank you for working 20 to just try to finish with you without taking a 21 around it. 21 lunch break, but let's see how we go. 22 Q. Is there any reason today, any 22 So, Mr. O'Hara, are you a licensed 23 medications that you're on, where you're not able 23 architect in the State of New York? 24 to answer questions? 24 A. Yes. 25 A. No. 25 Q. And when were you licensed? 2 TSG Reporting - Worldwide 877-702-9580 Page 6 Page 7 1 H. O'HARA 1 H. O'HARA 2 A. 1995. 2 Q. Okay. And when did you sit for 3 Q. Okay. And is there a special 3 your architect's exam? 4 training that you need to do in order to obtain 4 A. '94. 5 your license in New York as an architect? 5 Q. Did you work for an architectural 6 A. Yes. 6 firm or for an architect prior to taking the exam? 7 Q. What training is that? 7 A. Yes, I did. 8 A. Education, work experience, and an 8 Q. Where did you work? 9 architectural exam administered by the State 9 A. In 1982 I worked at SLCE 10 Department. 10 Architects. 11 Q. Okay. And where did you go to 11 Q. Was that in New York? 12 school after high school? 12 A. Yes. 13 A. I went to Vassar College and I went 13 Q. And for how long were you at SLCE? 14 to New York Institute of Technology. 14 A. Seven years. 15 Q. And you graduated from Vassar? 15 Q. And then what happened? 16 A. Yes, with a degree in economics. 16 A. I went to Costas Kondylis 17 Q. What year was that? 17 Architects. 18 A. '81. 18 Q. Around 1989? 19 Q. And then you took a graduate 19 A. Yes. 20 program at the New York Institute of Technology? 20 Q. Can you spell that, please? 21 A. The New York Institute of 21 A. C-O-S-T-A-S. The last name 22 Technology, '86. 22 Kondylis, K-O-N-D-Y-L-I-S. 23 Q. Any post-graduate courses after 23 Q. How long were you at Costas 24 NYIT? 24 Kondylis? 25 A. No. 25 A. Until 1997. Page 8 Page 9 1 H. O'HARA 1 H. O'HARA 2 Q. Then what happened? 2 A. Yes. 3 A. I opened my own firm. 3 Q. How many? 4 Q. Okay. Were you a partner at the 4 A. I'd be guessing, but around eight. 5 Costas Kondylis firm? 5 Q. Okay. And I should tell you that 6 A. I was a profit sharing senior 6 too. Please don't guess. 7 associate. 7 A. Then I don't know. 8 Q. How many architects were in the 8 Q. Okay. Thanks. 9 Costas Kondylis firm? 9 When you left the Costas Kondylis 10 A. 60. Well, it varied from 60 to 10. 10 firm to open your new firm, did you take some 11 Q. And when you -- I'm sorry -- in 11 clients with you? 12 1997 you opened up your own firm. Is that 12 A. No. 13 correct? 13 Q. Did you have clients in 1997? 14 A. That's correct. 14 A. Yes. 15 Q. And what was the name of the firm? 15 Q. Was The Feil Organization one of 16 A. H. Thomas O'Hara Architect, PLLC. 16 your clients? 17 Q. What does the PLLC stand for; if 17 A. Yes. 18 you know? 18 Q. How did you become introduced to 19 A. Professional Limited Liability 19 The Feil Organization? 20 Company. 20 A. I was -- they were out searching 21 Q. Were you the sole architect 21 RFPs. They came upon my name because we had an 22 employed by H. Thomas O'Hara, PLLC? 22 interiors division, and we started working on 23 A. I was the sole proprietor. 23 window replacements in lobbies for them. 24 Q. Okay. Did you have employees in 24 Q. For which buildings? 25 1997? 25 A. I don't recall. A couple buildings 3 TSG Reporting - Worldwide 877-702-9580 Page 10 Page 11 1 H. O'HARA 1 H. O'HARA 2 on the Upper East Side. 4 Park Avenue we looked 2 person, whose name escapes me. 3 at. I don't believe we proceeded with that, 3 Q. How did he know you in 1997? 4 but -- 4 A. Reputation. 5 Q. Did you have any personal 5 Q. Okay. Anything else? 6 connections with anyone affiliated with The Feil 6 A. No. 7 Organization in 1997? 7 Q. You had no personal contact with 8 A. No. 8 him prior to the first time you received an RFP 9 Q. Is it your testimony that they 9 from The Feil Organization? 10 found you through research that they did before 10 A. I didn't receive an RFP. 11 sending out an RFP? 11 Q. Okay. The first time that you 12 A. It's my testimony that I don't 12 heard from Mr. Ratner you received a phone call 13 know. 13 from him? 14 Q. Did one day an RFP appear in your 14 A. Correct. 15 office from a Feil Organization building? 15 Q. And what did he say to you on that 16 A. No. 16 phone call? 17 Q. How did they first contact you? 17 A. Oh, I don't want to guess. It's 18 A. They reached out. They knew one of 18 going back to 1997. 19 my employees. 19 Q. Can you recall in general what he 20 Q. Who knew -- who in The Feil 20 said to you? 21 Organization knew one of your employees? 21 A. In general? 22 A. Mr. Ratner, Mr. Andrew Ratner. 22 Q. Yes. 23 Q. And who did Mr. Ratner know in your 23 A. In general I believe he was going 24 company? 24 out to two or three different companies, and he'd 25 A. He knew myself and he knew another 25 heard of us. He had been, I believe, to a Page 12 Page 13 1 H. O'HARA 1 H. O'HARA 2 building and he liked our lobby that we designed 2 Q. Do you recall which Feil 3 for that building, and asked whether we'd be 3 Organization building was the first building you 4 willing to do an upfront little design study and 4 did work for? 5 compete against other firms, and they would select 5 A.
Load more

Recommended publications
  • Assessment Actions
    Assessment Actions Borough Code Block Number Lot Number Tax Year Remission Code 1 1883 57 2018 1 385 56 2018 2 2690 1001 2017 3 1156 62 2018 4 72614 11 2018 2 5560 1 2018 4 1342 9 2017 1 1390 56 2018 2 5643 188 2018 1 386 36 2018 1 787 65 2018 4 9578 3 2018 4 3829 44 2018 3 3495 40 2018 1 2122 100 2018 3 1383 64 2017 2 2938 14 2018 Page 1 of 604 09/27/2021 Assessment Actions Owner Name Property Address Granted Reduction Amount Tax Class Code THE TRUSTEES OF 540 WEST 112 STREET 105850 2 COLUM 226-8 EAST 2ND STREET 228 EAST 2 STREET 240500 2 PROSPECT TRIANGLE 890 PROSPECT AVENUE 76750 4 COM CRESPA, LLC 597 PROSPECT PLACE 23500 2 CELLCO PARTNERSHIP 6935500 4 d/ CIMINELLO PROPERTY 775 BRUSH AVENUE 329300 4 AS 4305 65 REALTY LLC 43-05 65 STREET 118900 2 PHOENIX MADISON 962 MADISON AVENUE 584850 4 AVENU CELILY C. SWETT 277 FORDHAM PLACE 3132 1 300 EAST 4TH STREET H 300 EAST 4 STREET 316200 2 242 WEST 38TH STREET 242 WEST 38 STREET 483950 4 124-469 LIBERTY LLC 124-04 LIBERTY AVENUE 70850 4 JOHN GAUDINO 79-27 MYRTLE AVENUE 35100 4 PITKIN BLUE LLC 1575 PITKIN AVENUE 49200 4 GVS PROPERTIES LLC 559 WEST 164 STREET 233748 2 EP78 LLC 1231 LINCOLN PLACE 24500 2 CROTONA PARK 1432 CROTONA PARK EAS 68500 2 Page 2 of 604 09/27/2021 Assessment Actions 1 1231 59 2018 3 7435 38 2018 3 1034 39 2018 3 7947 17 2018 4 370 1 2018 4 397 7 2017 1 389 22 2018 4 3239 1001 2018 3 140 1103 2018 3 1412 50 2017 1 1543 1001 2018 4 659 79 2018 1 822 1301 2018 1 2091 22 2018 3 7949 223 2018 1 471 25 2018 3 1429 17 2018 Page 3 of 604 09/27/2021 Assessment Actions DEVELOPM 268 WEST 84TH STREET 268 WEST 84 STREET 85350 2 BANK OF AMERICA 1415 AVENUE Z 291950 4 4710 REALTY CORP.
    [Show full text]
  • August 7, 2015 Honorable Kathleen H. Burgess Secretary New York State
    140 West Street 6th Floor New York, NY 10007 Tel (212) 519-4717 Joseph A. Post Deputy General Counsel – NY August 7, 2015 Honorable Kathleen H. Burgess Secretary New York State Public Service Commission Three Empire State Plaza Albany, New York 12223 Re: Matter 15-____ – Petition of Verizon New York Inc. for Orders of Entry for 44 Multiple-Dwelling Unit Buildings in the City of New York Dear Secretary Burgess: Enclosed please find the Petition of Verizon New York Inc. for Orders of Entry for 44 Multiple-Dwelling Unit Buildings in the City of New York. Verizon has completed pre-installation surveys at each of the 44 properties. Verizon requests that orders of entry be issued by the Commission directing the owner of each building to permit Verizon to install cable television facilities, as provided in Section 898.4(b)(9) of the Commission’s Rules. Each respondent named in the Petition has been served with a paper copy of the Petition and accompanying Exhibit 1. Due to its size, a paper copy of Exhibit 2 has not been provided to each respondent. Instead, Exhibit 2 has been posted on a public webpage and can be found at http://www22.verizon.com/about/community/nypsc_petitions.htm. Respondents: If you believe that your building was included in this Petition in error or you are now willing to allow installation of Verizon’s cable television facilities, the quickest and most efficient way of letting us know is to send an email to [email protected]. We will review and follow up on your email promptly.
    [Show full text]
  • Voluntary Providers
    Voluntary Providers Allergy & Immunology Cardiovascular Disease Finegold, Ira MD Sindhwani, Rajeev MD 333 West Post Road DOCS Medical Practice of Yonkers White Plains, NY 10606 116 Fifth Ave (914) 997-1688 Pelham, NY 10803 12 East 60th Street, Suite 4C (914) 738-0005 New York, NY 10022 DOCS Medical Practice of Yonkers (212) 832-0320 2422 Central Park Avenue 25 Central Park West, IN Yonkers, NY 10710 New York, NY 10023 (914) 779-2995 (212) 541-9033Anesthesiology DOCS Medical Practice of Yonkers 3251 Westchester Avenue Agbonkpolo, Francis O MD Bronx, NY 10461 Obsa Medical Services (718) 792-7600Suri, Ranjit MD 140 Stevens Avenue Heart Rhythm Associates PLLC Mount Vernon, NY 10550 1421 3rd Avenue, 5th Floor (914) 530-2323Cardiovascular Disease New York, NY 10028-1899 (212) 390-1020 Ahmed, Hasan MD Child Neurology Westchester Heart and Vascular Adv. Physician Services, PC Fray, Cecile I MD 19 Bradhurst Avenue, Suite 38505 Hawthorne, NY 10532 280 North Broadway (914) 909-6900Alaie, Dariush MD Newburgh, NY 12550 (888) 361-1436 Dariush Alaie, MD, P.C. Colon & Rectal Surgery 12 North 7th Avenue Balakumar, Mala MD Mount Vernon, NY 10550 (914) 668-3806Price, Thomas MD Mala Murthy Balakumar 140 Lockwood Avenue, Suite 210 105 Stevens Avenue, Suite 603 New Rochelle, NY 10801 Mount Vernon, NY 10550 (914) 235-2329 (914) 664-4052Schneller, Stanley MD Dentistry 161 Fort Washington Avenue Barr, Alan S DDS New York, NY 10032 555 Newfield Avenue (212) 305-5490 Stamford, CT 06905 (203) 324-9800 1 Dermatology Diagnostic Radiology Di Pietro, Joseph MD Stein,
    [Show full text]
  • Transgender Specific Health Providers
    Transgender Specific Health Providers Comprehensive Healthcare Callen-Lorde Community Health Center 356 West 18th Street New York, NY 10011 212.271.7200 http://www.callen-lorde.org Complete transgender healthcare, personable medical staff, low cost for those without insurance. Cie Lambert Fenway Community Health 1340 Boylston Street Boston, MA 02215 617.267.0900 ext. 6589 www.fenwayhealth.org Healthy Transitions, LLC Dr. Lisa O'Connor, MD 1390 Valley Rd, Suite 1E Stirling, NJ 07980 908.647.1688 We are a private medical office that delivers care for transgender/ genderqueer/ gender expansive individuals. We provide education, support and a place to explore. Endocrinologists Robert Busch, MD The Endocrine Group 1365 Washington Ave, Suite 300 Albany, NY 12206 518.489.4704 Dara H. Cohen, MD Care Mount Medical 90 South Bedford Rd Mount Kisco, NY 10549 914.242.1370 Or Southeast Executive Park 185 New York 312 Brewster, NY 10509 845.278.7000 Endocrinologists, continued Erik Cohen, MD Albany Medical Center Endocrinology Group 1365 Washington Avenue, Suite 300 MC-212 Albany, NY 12206 518.489.4704 Matthew Leinung, MD - Chief, Division of Endocrinology Albany Medical Center Endocrinology Group 25 Hackett Boulevard. MC-141 Albany, NY 12208 518.262.5185 Irene Sills, MD Joslin Diabetes Center 3229 E. Genesee Street Syracuse, NY 13214 315.464.5726 Dr. Carolyn Wolf Gould Susquehanna Family Practice and the Gender Wellness Center FoxCare Center Suite 103 5432 State Highway 7 Oneonta, NY 13820 607.431.5757 Rachel Hopkins-- MD 25 Hackett Blvd MC 141 Albany,
    [Show full text]
  • Yr Boro Block Lot Owner Address Reduction Tc 2019 1
    YR BORO BLOCK LOT OWNER ADDRESS REDUCTION TC 2019 1 7 27 PH Water Street LLC 30 WATER STREET 32,750 4 2019 1 7 29 Sons of the Revolution in 26 WATER STREET 43,500 4 2019 1 7 30 Sons of the Revolution in 24 WATER STREET 69,700 4 2019 1 7 33 Sons of the Revolution in 101 BROAD STREET 94,000 4 2019 1 7 35 Sons of the Revolution in 99 BROAD STREET 95,800 4 2019 1 7 37 Sons of the Revolution in 58 PEARL STREET 97,550 4 2018 1 9 1 ONE STATE STREET, LLC 34 WHITEHALL STREET 6,294,550 4 2019 1 9 1 ONE STATE STREET, LLC 34 WHITEHALL STREET 4,879,600 4 2018 1 10 1 Franklin BH LLC 100 BROAD STREET 434,963 4 2019 1 10 1 Franklin BH LLC 100 BROAD STREET 438,150 4 2019 1 10 33 AL STONE GROUND TENANT LL 8 STONE STREET 1,693,750 4 2019 1 11 12 24 Beaver Street LLC 24 BEAVER STREET 238,950 4 2018 1 13 27 25 BROADWAY OFFICE PROPER 25 BROADWAY 1,334,600 4 2019 1 13 27 25 BROADWAY OFFICE PROPER 25 BROADWAY 1,542,050 4 2019 1 15 1102 The Downtown Club Condomi 20 WEST STREET 3,847 2 2019 1 16 15 DEMATTEIS BATTERY PARK AS 50 BATTERY PLACE 650,550 2 2019 1 16 140 American Express Company, 200 VESEY STREET 10,501,100 4 2019 1 16 225 BOP One North End Landlor 1 NORTH END AVENUE 14,474,650 4 2019 1 16 1301 GS Site 25 Hotel, LLC 102 NORTH END AVENUE 2,035,350 4 2019 1 16 2402 Hudson View West Condomin 300 ALBANY STREET 6,002 2 2019 1 16 2602 LIBERTY TERRACE CONDOMINI 380 RECTOR PLACE 13,179 2 2018 1 16 4601 LIBERTY LUXE CONDOMINIUM 200 NORTH END AVENUE 64,281 4 2019 1 16 8001 COVE CLUB CAR PARK LLC 2 SOUTH END AVENUE 344,350 4 2018 1 16 8004 The Cove Club Condominium 2 SOUTH END AVENUE 3,181 2 2019 1 16 8004 The Cove Club Condominium 2 SOUTH END AVENUE 7,079 2 2019 1 16 9002 URBAN COMMONS 2 WEST LLC, 2 WEST STREET 3,852,900 4 2018 1 17 29 JDM WASHINGTON ST.
    [Show full text]
  • Retailers Hit by CIT Fallout Exec's Crack Habit Damages L.I. Hospital
    20090727-NEWS--0001-NAT-CCI-CN_-- 7/24/2009 9:39 PM Page 1 INSIDE DOUBLE ISSUE An Agenda TOP STORIES to Fix Albany—Now Broadway’s hot Kathryn Wylde on spurring growth new hand annoys Carol Kellermann on cutting costs Dick Dadey on gerrymandering the old guard ® Joseph Mercurio on electioneering PAGE 2 Pages 10-11 Pressure mounts on Joe Moinian as VOL. XXV, NOS. 30, 31 WWW.CRAINSNEWYORK.COM JULY 27-AUGUST 9, 2009 PRICE: $3.00 big payments loom PAGE 3 Surprise! City restaurants see big THE ORGANIZATION MAN summer crowds PAGE 3 How union big SPECIAL REPORT Dennis Rivera REAL craftily shaped ESTATE G Banks bring Obamacare Park Avenue back to earth BY DANIEL MASSEY P. 15 G Small retailers find silver dennis rivera, the indomitable labor lining in property bust P. 15 leader, was on Capitol Hill in late June G Top first-half office leases to persuade members of a powerful and property sales Pgs. 18 & 20 House committee to include a public G Current crop of deals pales in insurance option in its massive over- comparison to last year’s P. 21 haul of the nation’s health care system. Karen Ignagni, perhaps the most feared lobbyist on the Hill,was there to BUSINESS LIVES sway the lawmakers in the opposite di- rection. Yet during a break in the hearing, Ms. Ignagni—whose group of insurers served up the “Harry and Louise” ads that helped kill the Clinton health care reform effort—walked over to Mr. Rivera, greeted him with a warm em- brace and asked to meet the following week.
    [Show full text]
  • Companies Play Spin the Balance Sheet
    20090629-A--0001-MAIN-CCI-CN_-- 6/26/2009 6:04 PM Page 1 INSIDE SPECIAL DOUBLE ISSUE TOP STORIES TRANSPORTATION TRADE TRADE TRADE Jobless TRADE teens moan summertime ® blues TOURISM ENTERTAINMENT TOURISM ENTERTAINMENT TOURISM ENTERTAINMENT DEMOGRAPHICS PAGE 3 DEMOGRAPHICS DEMOGRAPHICS VOL. XXV, NOS. 26, 27 WWW.CRAINSNEWYORK.COM JUNE 29-JULY 12, 2009 PRICE: $3.00 DEMOGRAPHICS Top 10 PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES reasons why CITY & STATE BUDGET CITY & STATE BUDGET New York City SMALL BUSINESS MEDIA SMALL BUSINESS SMALL BUSINESS SMALL BUSINESS SMALL BUSINESS MEDIA SMALL BUSINESS TECHNOLOGY MEDIA TECHNOLOGY should secede TECHNOLOGY MEDIA TECHNOLOGY TECHNOLOGY MEDIA TECHNOLOGY REAL ESTATE REAL ESTATE from NY state REAL ESTATE ECONOMY REAL ESTATE Coney Island keeper REAL ESTATE ECONOMY REAL ESTATE REAL ESTATE ECONOMY REAL ESTATE THE INSIDER, PAGE 3 REAL ESTATE REAL ESTATE REAL ESTATE ECONOMY REAL ESTATE REAL ESTATE ECONOMY REAL ESTATE Thor Equities’ Joe Sitt gives city a ride for its money REAL ESTATE REAL ESTATE Media feast REAL ESTATE ECONOMY REAL ESTATE REAL ESTATE ECONOMY REAL ESTATE on King of Pop’s EMPLOYMENT BANKING EMPLOYMENT BY AMANDA FUNG EMPLOYMENT BANKING EMPLOYMENT EMPLOYMENT BANKING EMPLOYMENT untimely end EMPLOYMENT BANKING EMPLOYMENT giving a reporter the tour of a half dozen of his Trouble is, many people simply don’t believe him. EMPLOYMENT BANKING EMPLOYMENT NEW YORK, NEW YORK, P. 4 EMPLOYMENT BANKING EMPLOYMENT Manhattan properties, Joseph Sitt stops in front of each, In 2000, Mr. Sitt sold his successful women’s apparel EMPLOYMENT RETAIL EMPLOYMENT reeling off details on everything from their architecture chain, Ashley Stewart, and announced plans to focus on EMPLOYMENT RETAIL EMPLOYMENT EMPLOYMENT RETAIL EMPLOYMENT A sweetheart deal to the history of their leases.
    [Show full text]
  • Jean-Pascal Simon, M.D. P.O
    Jean-Pascal Simon, M.D. P.O. Box 2040 New York, New York 10021 Tel: 212-677-1000 Fax: 212-717-1631 June 26, 2020 John P. Asiello Chief Clerk New York Court of Appeals 20 Eagle Street Albany, NY 12207 - 1095 Re: Jean-Pascal Simon v. French-American Surgery Center, Inc., et al., New York County Clerk Index #162867/2014 Rule 500.10 Jurisdictional Response on behalf of Plaintiff-Appellant Jean-Pascal Simon Dear Mr. Asiello: I am Plaintiff-Appellant pro se in the above-referenced matter and a physician licensed to practice medicine in New York. I write in response to this Court’s request, dated June 17, 2020, for a “Jurisdictional Response” concerning i) whether the orders appealed from finally determine the action within the meaning of the Constitution; and ii) whether a substantial constitutional question is directly involved in the Appellate Division order. For the reasons set forth below, this appeal presents substantial constitutional questions to support the appeal taken “as of right” under CPLR § 5601(b) and this appeal concerns final determinations as set forth in the New York Constitution, Art. VI, §§3(1) and (2). Background The relevant background is detailed in my Appellate Division Motion for Leave to Reargue, dated January 3, 2020 (a copy of which is submitted herewith as Exhibit E), and I summarize it here only briefly. The matter concerns issues of Home Rule and Public Health arising in the context of a fraudulent scheme to secretly transfer the operating license of my for- profit ambulatory surgery center in Manhattan to Defendant Fifth Avenue Surgery Center, LLC, f/k/a Fifth Avenue ASC Acquisition, Inc.
    [Show full text]
  • WEB Register of Designated Historical Resources
    Historical Landmarks Designated by the San Diego Historical Resources Board NR - Nat. Register NHL - Nat.Historic Landmark CHL - CA Historical Landmark H.A.B.S. - Histoical American Building Survey District Mills HRB Contributor Name of Historic Site or Zip Comm. Plan Date Year Architect and/or Act Staff Report # ID Structure APN Street # Street Name Code Area Designated Designation Criteria Architectural Style Built Builder Historic Individ Misc. Notes Y/N Number 1 El Prado Area Designation 92101 Balboa Park 9/7/1967 amended 03/22/89 N Old Mission Dam & Flume 2 Padre Dam Father Serra Trail 92124 Navajo 2/1/1968 A Dam 1803 1874 dam repaired N Cosoy Way and 1846 rebuilt as a US 3 Fort Stockton Presidio Drive 92103 Old Town 2/15/1968 A Fort 1838 Army fortification N Site of the original Bounded by San Diego Presidio Taylor Street, and the base of Pine Street, operations for Harney Street, exploring routes into Arista Street, the interior of San Cosoy Way, Diego as well as the Jackson Street military headquarters and Presidio for southern 4 Presidio of San Diego Site Drive. 92103 Old Town 2/29/1968 A Park 1769 California. N Restored 1939 Converted into Washington Pioneer Memorial 5 Calvary Cemetery Site 1501 Place 92103 Uptown 2/29/1968 A Cemetery/Park 1876 Park 1970. N Pre-fabricated house shipped from New Engalnd around the Horn. Built by Heath Davis in an effort to spur growth in New San Diego. Located on the northwest corner of F and State Streets. New San Diego (Dunnell's Pre-Fabricated Early William Heath Davis, Willaim Heath Demolished Sept 6 Hotel) Site 348 West F Street 92101 Centre City 1/23/1969 A, B American 1850 builder Davis 1969.
    [Show full text]
  • 16500626 759420 4344 2001.09000 St. Luke's
    .- I~XIanr~rtt'~vOroFna~e OMBrv 154541047 Return of Organization Exe p rom Income Tax Form 990 Under section 501(c), 527, or 1947(a)(1) of the Internal Revenue Code (except black loop 200 bench[ trust or private foundation) o..~~,b,~ of the ud~ rr Open to Public Internal Rm.e s.~~a " The organization may have to use a copy of this return to satisfy state reporting requirements Inspection A Forthe2001calendaryeu,ortaxyear period beginning SEP 1 2001 and ending AUG 31 2002 B cn~ .r pl.,v C Name of organization D Employer identification number e use IRS Da~w°°°°ss ~a:~a T . LUKE'S CHAMBER ENSEMBLE INC . S1-O2O1S39 De~;c, t, Number and street (or P 0 box if mail is not delivered to street address) RooMSwte E Telephone number si-^=330 WEST 42ND STREET - 9TH FLOOR ( 212 ) 594-6100 Inswc 0 ;'; I., City or town, slate or country, and ZIP + 4 F A=onunp memos = can [E n.W NEW YORK NY 10036 0 °` 0~'a°°°^ *Section SOt(c)(3) organizations and 4947(a)(1) nonexempt charitable trusts H and I are not applicable to section 527 organizations must attach a completed Schedule A (Form 990 or 990-EZ) H(a) Is this a group return for alliliales? 0 Yes CKI No G Web site N A H(b) II Yes ; enter number of affiliates " H(c) Are allaflilutesincluAed? N/A ED Yes 0 No J Organization type kheaonhonelt EX-] 501(c) ( 3 )1 fi-~ ^~ ~ 0 4947(x)(1) or 0 527 (it 'No ; attach a list.) N Check here " E-j it the organization's gross receipts are normally not more than $25,000 The H(d) Is this a separate return filed by an or organization need not file a return with the IRS, but it the organization received a Form 990 Package an¢a6on covered b a grou p ruling? 0 Yes [y] No in the mail, it should file a return without financial data Some states require a complete return I Enter 4-dial GEN M Check 1 0 it the organization is not required to attach L Gross receipts Add lines 6b, 8b, 9b, and 10b to line 12 .
    [Show full text]
  • By Rights, Mail Intended for Future Residents of a Certain Luxury
    February 13, 2015 By rights, mail intended for future residents of a certain luxury condominium under construction on the Upper East Side should read “45 East 60th Street.” After all, the Grolier Club, which is right next door to the persistent din, is 47 East 60th Street. Letter carriers, please take note. Thanks to the purchase of air rights from its neighbors, and an $11,000 processing fee, the 54-story limestone building will be known as 520 Park Avenue. Christ Church, which occupies the corner lot, until recently claimed that exact address. Presumably, the house of worship had to junk a load of letterhead: Its new designation is 524 Park Avenue. “Most of the great buildings on Park Avenue end in multiples of 10, like 480 Park Avenue, 510 Park and 740 Park Avenue, and the developers are following that tradition,” said a spokesman for those developers, William and Arthur Zeckendorf. In the high-flying and logic-defying world that is New York City real estate, nothing succeeds like address. “All things being equal, an apartment on Park Avenue or Fifth Avenue can have a premium of 5 to 10 percent, compared to the immediately adjacent crosstown streets,” said Jonathan J. Miller, the president of the appraisal firm Miller Samuel. Consequently, developers frequently appeal to the office of the Manhattan borough president for what is known in the trade as a vanity address. As for buildings in less prestigious precincts, well, there are ways of burnishing their addresses, too. Nearly two years ago, the Zeckendorfs laid out the case for a new address in a letter to Scott M.
    [Show full text]
  • NOVEMBER 2015 Cityrealty Is the Website for NYC Real Estate
    SEMI-ANNUAL REPORT | NOVEMBER 2015 THE 100 CityRealty is the website for NYC real estate, providing high-quality listings and tailored agent matching for prospective apartment buyers, as well as in-depth analysis of the New York real estate market. Q2 2015 - Q3 2015 THE CITYREALTY 100 REPORT Additions to the CityRealty 100 The CityRealty 100 is an index comprised of the top 100 condominium buildings in Manhattan. Several factors—including a building’s sales history, prominence and CityRealty’s rating for the property—are used to determine which buildings are included in the index. This report tracks the performance of those buildings through September 30, 2015. Three buildings have been added to the index as of the third quarter of this year, reflecting the changing landscape of the city’s luxury housing market. The additions are as follows: 150 Charles Street The 91-unit condominium at 150 Charles Street, in the far West Village, was developed by the Witkoff Group and sold out while still under construction in 2013. The building, designed by CookFox, includes a 12-story addition to an existing three-story storage facility. Its many amenities include a landscaped courtyard and a 75-foot-long pool. https://www.cityrealty.com/nyc/west-village/150-charles-street 50 United Nations Plaza The 42-story 50 United Nations Plaza sits across First Avenue from the United Nations complex. The 88-unit building, developed by Zeckendorf Development and designed by Foster & Partners and SLCE, has amenities that include a waterfall in the lobby and on-site valet parking. https://www.cityrealty.com/nyc/turtle-bay-united-nations/50-united-nations-plaza One Riverside Park, 50 Riverside Boulevard This 33-story apartment tower at 50 Riverside Boulevard is the southernmost building of the Riverside South development, which stretches from 72nd to 59th streets.
    [Show full text]