The Hezitorial: Threat of Additional Legal Action Exacts Vote of Indemnity of Yonkers Mayor Amicone by City Council By HEZI ARIS

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Yonkers' Benedict Arnold Revealed

It was a well-orchestrated ambush of the Yonkers City Council. A week after they conducted an Executive Session over the request of them by Yonkers Mayor Phil Amicone to indemnify him of his personal responsibility in a First Amendment lawsuit which he lost before Federal Judge Cathy Seibel and a jury of his peers, the Yonkers City Council was ready to take a vote over whether they should indemnify Yonkers Mayor Phil Amicone of his personal liability of $393,388.00 incurred when it was ascertained that it was he who directed Yonkers Police Officers and DPW personnel to take the blue metal newspaper dispensers owned by The Westchester Guardian from the authorized City of Yonkers placements they were situated. The property owned by The Westchester Guardian, but removed as directed by Mayor Amicone, caused the protection afforded Mayor Amicone to be pierced. Mayor Amicone’s directive was an act that was dismissive of the United States Constitution’s First Amendment guaranteeing the freedom of the press. By directing DPW and YPD personnel to remove the blue metal dispensers from their locations, Judge Cathy Seibel ruled that it was Phil Amicone who is personally liable to satisfy the debt demanded of him by the court, and not the responsibility of the City of Yonkers. Phil Amicone would not hear of it. The man voted into office, expected to be benevolent to the city in which he resides for all of his years except the first two, would turn on Yonkers and threaten its very viability were he not granted indemnification by the Yonkers City Council.

The ploy worked. The ruling of 5 votes to indemnify won over the 2 votes cast not to indemnify. Amicone seems to have concocted this ploy either on his own or with assistance, but that is of no consequence. The act of asking the Yonkers City Council to indemnify him was a ploy that kicked Judge Seibel’s ruling to the curb. There was never a challenge of her ruling after its initial rendering. One may only infer that is because the demeanor, conduct, professionalism, and execution of the law from her courtroom was and is impeccable.

Amicone threatened the Yonkers City Council by use of his surrogates, Yonkers Corporation Counsel, who argued that the Legislative body has purview in indemnifying the Executive branch of a federal court judge ruling. That is not the case.  It is a fabrication. There is no such precedent.

Yonkers Corporation Counsel inculcated this line of reasoning from the lawyers who represented Amicone before the federal court and failed in his defense. Yonkers Corporation Counsel pressed the point to the Yonkers City Council membership that there is no threat from the outside for further litigation should they indemnify the mayor. They would go on to say that costs would accrue should the Yonkers City Council not indemnify Phil Amicone. The reason why was never fully divulged.

Even so, it has been learned that the treasonous turncoat is none other than Phil Amicone. It is he who would direct Yonkers Corporation Counsel to engage in challenging Judge Seibel’s ruling by his demanding legal remedy through the courts. Amicone wants all mention of his trashing of the U.S. Constitution expunged from any record.  Yonkers Phil “Benedict Arnold” Amicone is the one who would cause this legal action against the City of Yonkers. It is he who would cause legal costs to be incurred despite Judge Seibel’s ruling that found him guilty.

Councilmembers John Larkin, John Murtagh,(Republican Minority Leader)  Dennis Shepherd, Wilson Terrero, and Patricia McDow (Democratic Majority Leader) swallowed this scam. They may not have known what they were doing; only Mssrs Lesnick and Murtagh are attorneys.  While speaking of potential legal challenge to the indemnification request by Mayor Amicone to absolve his personal responsibility from possible disparate litigants outside of government, not one Yonkers Councilmember exposed the fact that the fear was emanating from within City Hall, not from without. The Yonkers City Council members were in fear that Mayor Amicone would follow through on his threat to sue for legal remedy and the City of Yonkers would thereby suffer all future legal fees since the case would be initiated prior to his stepping down from office and would likely encumber CoY for many years in the court system.  Yonkers Mayor Phil Amicone revealed himself to be the culprit. He had become the turncoat; his threat of action may be described as akin to being treasonous. He would turn against Yonkersites because he could and he believes the taxpayer must bail him out. If they don’t, Mr Amicone will drag Yonkersites until he overturns the ruling against him or he bankrupts the City of Yonkers.

Having learned the ploy and somewhat aware of the plot, it was incumbent for someone in the know to take this issue to the Westchester County District Attorney to find a legal method to put a stop to Mayor Amicone’s threat. Instead, Yonkersites are left holding the bag and the conduct of the Yonkers City Council will surely attract litigation by Yonkers residents who may engage Article 78, or another tenet to claw back the money allegedly extorted in public view by legal remedy that would conform to an Appellate judge and common sense.

Every measure of cost incurred must be exacted from Phil Amicone; his house, and anything else he may own to reimburse Yonkersites their coerced bailout of his First Amendment Rights violations.

Hezi Aris is the Yonkers Tribune's publisher / editor and The Westchester Guardian's editor. 

 

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eHeziThe Hezitorial: Threat of Additional Legal Action Exacts Vote of Indemnity of Yonkers Mayor Amicone by City Council By HEZI ARIS

Comments 13

  1. I’m no fan of Mike Spano nor could I ever find myself voting for a Democrat but the Amicone experience hopefully has taught both sides of the aisle a lesson.
    What really happened here? Nothing. The Amicone administration was about nothing. Nothing. Phil Amicone is Seinfeld. It’s an administration about nothing. Could Mike Spano be any worse? While we are all talking about devils and lawsuits and indictments, does it occur to anyone that some of the people getting arrested next year could just as easily be Republicans?
    Is anyone fooled by the way Phil Amicone didn’t help any mayoral candidate or the way none of the Republicans actually put together a real race?
    The lawsuit ensures that most of Amicone’s staffers will never work in government again (and pity the pathetic politician who plays patrons to these parrots). It further ensures that Amicone is finished.
    As for Hezi’s supposed conflict of interest, I refuse to throw any stones at him. I’m not without my own conflicts. Editorialize early and often~~~~

  2. Oh yes Plato… and if I’m not mistaken he died in his sleep with goodwill to all.
    And here we are in Yonkers
    Goodwill is gone with these Bastards and I’m intent on staying fairly well awake.
    So much so, the flashlight I’m carrying will likely shine up their arse.

  3. The evidence in this case was presented to the jury and based upon that evidence Amicone was found liable-if there had been no evidence he would have been acquited. The judge also could have dismissed some of the charges against Amicone if there was nothing there.

  4. Could someone please calculate how much this Mayor has cost the taxpayer. Not just in his salary, or the patronage mill on the second floor, but also in the handouts to developers, the countless lawsuits payed for by the taxpayer, the parking authority deals, the union contracts that allow for 3 hour work days, the cars, the tax increases.
    It’s a never ending list. It goes into the millions.
    As for SpaNO cleaning house, which one????

  5. the whole thing is so darn sleazy, and I do hope there will be a Federal probe into this situation. The Freedom of the Press rights of Yonkers’ citizens was violated by the Mayor and now we have to pay HIS fine? Oh come on!

  6. Mayor should go to jail along with YFD – Kai Irwin who stole money from the union – $100,000…but since he paid it back, some think its okay???

  7. CLASS ACTION LAWSUIT against CITY COUNCIL MEMBERS who voted to PICK UP THE TAB FOR AN INCOMPETENT MAYOR and AMICONE. Join in. Don’t let threats of appeals scare you off. No Appeal Court in its right mind would overturn the original verdict. First Amendment violations. By a Mayor? Overturned. Let him pay those appeal bills too. This has gone far enough. If we couldn’t get him while he was in office then get him now. Attach his house, his car (oh no, its OUR CAR), his bank accounts and the same goes for the CITY COUNCIL members that let him off the hook.

  8. Hezi
    You are not an attorney and you are crossing the line in this story. You also have a major conflict of interest in that your Master is Sam Zerkha. We really do not know what did or did not transpire as no facts with demonstrable proof have been placed in evidence.
    If the Mayor has done something wrong, haveno doubt that a Federal Judge is more than capable of dealing with it. If the Mayor and the Corp Counsel lied to the Council there should be legal penalties.
    Since this is the Federal Courts cool heads need to be prevail. Provocative innuendo without proof makes great copy but does nothing to deal with the issues at hand.
    Right now the Federal Judge is in control and I bet she does not care one whit what you or the acid tonged bloggers think.
    For the record I don’t work at city hall, and I think the mayor was dead wrong in what he did, and that the should pay at least a portion of the fine.

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