Ross Sandler

William J. Dean, lawyer, New Yorker, pickup basketball player and volunteer for the homeless, recounts his life in 83 wonderful essays now available in his book, My New York: A Life in the City (2013) (available on Amazon). I purchased my copy directly from the author, a friend for 30 years, who sold his book from a booth in the Union Square Farmer’s Market, a dispensation granted for Dean’s years of service as lawyer to the Market sponsor.  The essays first appeared in the New York Law Journal, Christian Science Monitor, the Wall Street Journal and other publications. The essays are charmingly told, unforgettable in detail, and perfect as tales of New York City. Readers will fall in love with Dean’s City, both its beauty and its troubles.

Dean could only live in New York City. Dean owns a bike, but not a car. He knows precisely the number of steps (30) he descends daily to the subway. He never owned land, but owns the terrain of Central Park.  He buys his breakfast from a street vendor and consumes it while sitting on a City bench. He worries about the pilot light in his stove. He installs and removes his air conditioner with the seasons. He has been stuck in an elevator. (more…)

My friend, federal Judge Harold Baer Jr., in a new book recounts seven vignettes illustrating what happens to the rule of law when political forces undermine the independence of the judiciary; Judges Under Fire: Human Rights, Independent Judges, and the Rule of Law (ABA Publishing 2011). His point is that without independent judges citizens lack protection from arbitrary governmental decisions. Independent judges alone can counter the forces of official arrogance and tyranny.

Judge Baer need not belabor his point; he has lived it: ten years as a State Supreme Court Justice and eighteen as a federal district court judge in the Southern District of New York. Literally thousands of litigants and lawyers have appeared before Judge Baer, and can attest to his independence of mind, a formidable judicial presence, and hard work. No judge currently sitting on the state or federal trial bench publishes more written opinions than does Judge Baer.

Not everyone agrees with Judge Baer all the time of course, but that is his point. Of Judge Baer’s seven vignettes, the one with the most impact is Judge Baer’s own experience when, in 1995, he suppressed 34 kilos of cocaine, 2 kilos of heroin, and the videotaped confession of a woman delivering the drugs. This was not a popular opinion, and, to avoid losing the case, the police had to produce substantially more evidence on rehearing than it had produced during the original hearing.

Judge Baer, for more than sixteen years, has supervised the Benjamin decree overseeing prisoner rights at Rikers Island. In this capacity Judge Baer has compelled the City to focus on such matters as fire safety, cleanliness and access to lawyers and law books. I have written elsewhere that some judges handling similar prison cases have been too independent and crossed the line to become partisans, but that too is Judge Baer’s point. Judges are supposed to be an independent force protecting prisoners and others under state control, an argument which he made directly in a law review article criticizing my position. See 52 n.y.l. sch. l. rev. 3 (2007-8).

Judge Baer is now a senior judge, but continues to act with independence. In 2010 Judge Baer helped start a reentry program to help ex-offenders get started and avoid being rearrested after their release from custody.

Ross Sandler

Borough President and community board had raised concerns about odor, traffic and views from nearby park. The Planning Commission on July 25, 2007 unanimously approved the Department of Environmental Protection’s plan to upgrade and expand the Hunts Point water pollution control plant by constructing two, 130-foot tall, egg-shaped digester buildings. The plan includes the transfer to Parks of 1.2 acres of land which, during construction, will be used for staging. After completion of construction, Parks will add the 1.2 acres to Barretto Point Park, a new City park located immediately adjacent to the water pollution control plant along the East River. Constructed on former DEP land and opened in 2006, Barretto Point Park provides basketball courts, an amphitheater and a waterfront promenade.

The environmental impact statement completed for the project identified significant impacts to traffic and to the visual character of Barretto Point Park since the 130- foot high digester towers would be prominent and visible to park users. Bronx Borough President Adolfo Carrión raised multiple concerns over the control of odor from the plant, air quality impacts, and the noise, dust and traffic caused by the towers’ construction.

When the project reached the Commission for a public hearing, a DEP representative explained that state and federal regulations required the upgrade and renovation of the plant, which currently serves the Bronx, City Island, Hart Island and the north side of Rikers Island. Following the public hearing, DEP sent a lengthy response to the Commission, addressing each of the concerns set out by Carrión and Bronx Community Board 2. DEP, in the letter, agreed to take additional steps to further mitigate odor impacts, but primarily relied on the agreed-upon mitigation measures, which emerged from the FEIS process.

When the plan came for a vote before the Commission, Chair Amanda Burden’s comments focused only on the expansion of Barretto Point Park. Calling the park “one of the highlights of the Bronx,” Burden said that she was pleased to vote yes on DEP’s plan. The full Commission agreed. The City Council voted on August 6, 2007 to review the plan but has yet to set a hearing date.

ULURP Process
Lead Agency: DEP, FEIS
Comm.Bd.: BX 2, App’d, 17-5-2
Boro. Pres.: App’d
CPC: App’d, 11-0-0
Council: Pending

CPC: Hunts Point Plant / Barretto Point Park (C 070008 PSX – site selection); (C 070009 MMX – City map amendment) (C 070010 MMX – City map amendment) (July 25, 2007). CITYADMIN

Developers must expand Brooklyn jail along with new development on adjacent sites. The New York City Economic Development Corporation and the Department of Correction issued a request to gauge interest in the potential development of two vacant parcels in downtown Brooklyn located next to the Brooklyn House of Detention, a 759-individual- cell detention center, which the City closed in 2003. DOC hopes to reopen and expand the existing 10-story, 280,000-square-foot detention center located along Atlantic Avenue between Smith Street and Boerum Place. The request requires that interested developers refurbish the facade of the detention center, redevelop its first three floors, add 11,300 sq.ft. of retail to its Atlantic Avenue frontage and oversee construction of a 165,000- square-foot jail expansion along with any new development proposed for the adjacent parcels.

On the two empty parcels, located directly east and west of the detention center along Smith Street and Boerum Place, EDC calculates that up to 238,500 sq.ft. of space can be developed. It asks developers to propose either residential or commercial projects with 15,700 sq.ft. of ground-floor retail. EDC anticipates splitting and selling the lots to the developer. The developer would also own the Atlantic Avenue retail space within the detention center. (more…)

Manhattan Borough President Mark Levine speaks at the 179th CityLaw Breakfast. Image Credit: CityLand.

Today, May 13, 2022, Manhattan Borough President Mark Levine spoke at the 179th CityLaw Breakfast. Borough President Levine spoke on “Manhattan’s Recovery.” Professor Ross Sandler, Director of the Center for New York City Law provided opening remarks. Matt Gewolb, Associate Dean and Vice President for Institutional Strategy and General Counsel at New York Law School, led a closing discussion with Borough President Levine. This Breakfast was sponsored by ConEdison, Greenberg Traurig, and Verizon. This was the thirteenth virtual CityLaw Breakfast as in-person events are not feasible at this time due to the COVID-19 pandemic. (more…)