Unhand Piermont!: The Piermont Mayor Lies Through His Teeth, While Throwing Client 9's Brother Daniel Spitzer Under The Bus.

To say that Mayor Bruce Tucker and his Piermont village government malefactors are having a bad week, would be like saying that things used to get a little rough at Sparks Steakhouse in Manhattan.

You will recall that Mayor Tucker and his inept gang tried to steal Justice Greenwald’s thunder this past Thursday, in connection with the 447-477 Piermont Avenue project and illicit CBM Zone. Tucker and his buddies surrendered, but at the same time tried to arrogate the Rockland County zoning process and General Municipal Law (GML) to themselves:
https://unhandpiermont.blogspot.com/2024/10/newsflash-humiliated-piermont.html
https://unhandpiermont.blogspot.com/2024/10/piermont-garmento-mayor-tucker-violate.html

https://unhandpiermont.blogspot.com/2024/10/october-10-2024-piermont-referral-to.html

That led to the Judge slamming them on Friday morning with the upload of His Honor’s landmark Decision and Order against them. Justice Greenwald cleaned their clock:
https://unhandpiermont.blogspot.com/2024/10/in-shape-of-l-on-their-foreheads.html
https://unhandpiermont.blogspot.com/2024/10/for-immediate-release-piermont-ny.html
https://unhandpiermont.blogspot.com/2024/10/the-courts-decision-in-young-v-village.html
https://unhandpiermont.blogspot.com/2024/10/piermont-mayor-bruce-tucker-hides-from.html

Now, please have a look at the below 30-page October 10, 2024 packet of malicious fiction (herein, the “October 10 Packet”) which Piermont Village counsel attests was furnished to the individual known as “To Whom It May Concern” at “Rockland County Planning Department”[sic] on the October 10, 2024 date - again, a day before Justice Greenwald's written Decision and Order was rendered:
https://unhandpiermont.blogspot.com/2024/10/october-10-2024-piermont-referral-to.html

A few observations about the October 10 Packet, aside from the fact that Mayor Bruce Tucker wasted even more Piermont resident taxpayer money sending it through outside Westchester litigation counsel:

1. The Packet Issuance Was Premature, And Fails. Bruce Tucker's October 10 Packet should be treated as a nullity and a failure. It was issued to the Rockland County Department of Planning (the full and proper name of the agency) one day prior to Justice Greenwald’s October 11, 2024 Decision and Order which directed the General Municipal Law (GML) referral of the proposed CBM Zone:

https://unhandpiermont.blogspot.com/2024/10/october-10-2024-piermont-referral-to.html

Usually, you don't do something ordered by the court until the court orders it. Mayor Tucker and the Village of Piermont jumped the gun instead. Yet by doing so, they rendered the attempted referral in the October 10 Packet technically defective at best - but really, they rendered it null and void by mistiming it. Mayor Tucker and the Village of Piermont government are truly the gang that cannot shoot straight.

2. The Affirmation And Certification Of Daniel (“Scissorhands”) Spitzer Is A Lie. Bruce Tucker's October 10 Packet should be treated as a nullity and a failure for this additional set of reasons. On two separate undated pages printed below, one quitter of a Piermont public official known as Daniel Spitzer, by virtue of his name printed on both instruments along with a corresponding scrawl of a signature that is either his or Tucker's, is indicated as having signed-off on a “Short Environmental Assessment Form – Part 3 Determination of Significance”, as the “Name of [the] Responsible Officer in [the] Lead Agency”:

https://unhandpiermont.blogspot.com/2024/10/october-10-2024-piermont-referral-to.html

The two instruments included in the October 10 Packet inform us that Daniel Spitzer therein, or some flunky acting at Spitzer's behest perhaps, has checked the box indicating that he, Spitzer, has “determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts”. Of course, that assertion attributed to Daniel Spitzer is absolutely and utterly false. If Spitzer made the assertion in April 2024, it was false then. To the extent that Spitzer may have republished it or assented to its republication at any time up to and including October 10, 2024, it was false then. And the assertion is false now, too. The proposed action would obviously have massive adverse environmental impacts on the small Village of Piermont.

Daniel Spitzer was the Chair of the Planning Board of the Village of Piermont. Yet Daniel Spitzer quit the Planning Board in disgrace in late April of this year - half a year ago:
https://unhandpiermont.blogspot.com/2024/04/spitzer-quit-sir.html

By quitting in April, albeit in shame, Daniel Spitzer thought that he could somehow hide from Bruce Tucker and Tucker’s filthy real estate deal planned for 447-477 Piermont Avenue. But Daniel Spitzer can never hide from the dirty deal that he shepherded in collaboration with Tucker and others - nor can Spitzer hide from himself. Daniel Spitzer’s own bloody fingerprints are all over the CBM Zone file and bad-faith referral to the County – just look at the printed and full text of his two attestations and certifications below. The box that SHOULD have been checked is the box indicating that there COULD be potentially large or significant environmental impacts based on further environmental review. The check placed in the other box was therefore a lie, pure and simple:

The 447-477 Piermont Avenue location, the real focal-point of Tucker's intended and environmentally-injurious CBM Zone, is itself known to be the site of a former Sunoco gasoline station with underground gasoline tanks. his was known by the entire Piermont community back in April and in most cases, way earlier than that:
https://unhandpiermont.blogspot.com/2024/04/bringing-it-on-home-sunoco-gasoline.html
https://unhandpiermont.blogspot.com/2024/05/flashback-to-april-23-2024-first.html

447-477 Piermont Avenue is also known to be less than 800 feet from a Superfund site at 100 Paradise Avenue, for which there was a clean-up commenced in 2017:
https://unhandpiermont.blogspot.com/2024/05/why-dig-because-there-is-superfund-site.html

Yet according to the two instruments and, particularly, the check-boxes and scrawled signature therein, included in the October 10 Packet, Daniel Spitzer actually attested and certified that the CBM Zone "will not result in any significant adverse environmental impacts":

https://unhandpiermont.blogspot.com/2024/10/october-10-2024-piermont-referral-to.html

Even considering all the due diligence that Daniel Spitzer and his clownish fellow members of the Piermont Planning Board failed to perform on the proposed development and developer, already well-briefed at this Blog, Daniel Spitzer has at all times known full well of the multiple adverse environmental impacts the 447-477 Piermont Avenue development and CBM Zone generally would have on the small Village of Piermont.

Once Daniel Spitzer's imprimatur was rendered upon these two “Short Environmental Assessment Forms”, with an accompanying intent that they be submitted as false instruments, the lie was cast.

Then, Bruce Tucker and his cohorts submitted the two subject false instruments bearing Daniel Spitzer's printed name, government title, and an accompanying scrawled signature, to a Rockland County governmental agency on October 10, 2024:

https://unhandpiermont.blogspot.com/2024/10/october-10-2024-piermont-referral-to.html

Given the six-month gap since Daniel Spitzer last held office in Piermont, and if you believe that Tucker would actually authorize this without conferring with Spitzer about the October 10 "Referral" in advance, then Bruce Tucker really threw Daniel Spitzer under the bus when doing so. On the other hand, there is probably less than a 5% chance that Spitzer didn't know the packet would be submitted to the Rockland County Department of Planning on October 10.

All that said, both Bruce Tucker and Daniel Spitzer should be prosecuted criminally for the lies contained in the October 10 Packet. See:

https://www.nysenate.gov/legislation/laws/PEN/175.40
Section 175.40, Penal (PEN) Chapter 40, Part 3, Title K, Article 175.
§ 175.40 Issuing A False Certificate.

https://www.nysenate.gov/legislation/laws/PEN/195.00
Section 195.00, Penal (PEN) Chapter 40, Part 3, Title L, Article 195.
§ 195.00 Official Misconduct.

https://www.nysenate.gov/legislation/laws/PEN/175.30
Section 175.30, Penal (PEN) Chapter 40, Part 3, Title K, Article 175.
§ 175.30 Offering A False Instrument For Filing In The Second Degree.

https://www.nysenate.gov/legislation/laws/PEN/175.35
Section 175.35, Penal (PEN) Chapter 40, Part 3, Title K, Article 175.
§ 175.35 Offering A False Instrument For Filing In The First Degree.

https://www.nysenate.gov/legislation/laws/PEN/175.05
Section 175.05, Penal (PEN) Chapter 40, Part 3, Title K, Article 175.
§ 175.05 Falsifying Business Records In The Second Degree.

https://www.nysenate.gov/legislation/laws/PEN/175.10
Section 175.10, Penal (PEN) Chapter 40, Part 3, Title K, Article 175.
§ 175.10 Falsifying Business Records In The First Degree.

https://www.nysenate.gov/legislation/laws/PEN/195.05
Section 195.05, Penal (PEN) Chapter 40, Part 3, Title L, Article 195.
§ 195.05 Obstructing Governmental Administration In The Second Degree.

I would like to say that I was surprised to see the lies propagated under Daniel Spitzer's imprimatur. But I'm not. Given the unconscionable way in which Daniel Spitzer proceeded in the epic Rockland County medical malpractice and cover-up case of Jones and Jones v. Daniel Evan (Dan) Spitzer, M.D. et al., Index # 31649/2011 (Sup. Ct. Rockland Co. 2011), and even given the fact that the monetary damage award to the plaintiff-widower was later reduced - see:

Jones and Jones v. Daniel Evan (Dan) Spitzer, M.D. et al., Index # 31649/2011 (Sup. Ct. Rockland Co. 2011): Plaintiff Opening Statement.
https://unhandpiermont.blogspot.com/2024/10/jones-v-dan-spitzer-plaintiff-opening.html

Jones and Jones v. Daniel Evan (Dan) Spitzer, M.D. et al., Index # 31649/2011 (Sup. Ct. Rockland Co. 2011): Dan Spitzer Entire Testimony.
https://unhandpiermont.blogspot.com/2024/10/jones-v-dan-spitzer-spitzer-entire.html

Jones and Jones v. Daniel Evan (Dan) Spitzer, M.D. et al., Index # 31649/2011 (Sup. Ct. Rockland Co. 2011): Plaintiff Closing Statement.
https://unhandpiermont.blogspot.com/2024/10/jones-v-dan-spitzer-plaintiff-closing.html

Press Accounts Of The Litigation And Initial Jury Verdict.

https://www.lohud.com/story/news/local/rockland/pomona/2019/08/12/pomona-woman-wins-55-9-million-malpractice-verdict/1922429001/
https://caselaw.findlaw.com/court/ny-supreme-court/114582018.html
https://www.provostlawfirm.com/56-million-award-surgical-mistake-paralyzed/
https://rmfwlaw.com/tag/quadriplegic
https://www.nydailynews.com/2019/08/12/paralyzed-woman-wins-56-million-verdict-against-rockland-doctors-after-botched-spinal-surgery/
https://www.usatoday.com/story/news/nation/2019/08/12/woman-wins-56-million-malpractice-verdict-after-botched-spinal-surgery/1994020001/
https://www.medicalmalpractice.net/blog/surgical-errors/woman-awarded-$56-million-after-spinal-surgery-left-her-quadriplegic
https://www.law360.com/articles/1191385/law360-s-tort-report-personal-injury-med-mal-news-in-brief
https://trellis.law/doc/32472507/affidavit-affirmation-in-support-cross-motion-motion-009
https://rmfwlaw.com/tag/medical-malpractice
https://topverdict.com/lists/2019/united-states/top-100-medical-malpractice-verdicts
https://topclassactions.com/lawsuit-settlements/personal-injury/medical-malpractice-case-results-in-56-million-award/
https://www.recordonline.com/story/news/2007/03/25/dan-spitzer-gov-s-brother/52945306007/

… No one should therefore be surprised that Daniel Spitzer's blessing would be lent to the certification of and attestation to wholly-fictitious statements in the two “Short Environmental Assessment Forms” printed above and below, included in Piermont’s October 10, 2024 referral packet issued to Rockland County. Actually, I would expect nothing less from the brother of disgraced former State of New York Governor Eliot Spitzer of “Client 9”, black socks, Ashley Dupré, and mistress-folded-into-hotel-luggage infamy.

3. Mayor Bruce Tucker And Piermont Village Government Filed False Instruments. Bruce Tucker's October 10 Packet should be treated as a nullity and a failure for this additional reason. Daniel Spitzer quit the Village of Piermont Planning Board in late April, 2024. Yet Piermont Mayor Bruce Tucker and his gang of merry pranksters, by including two undated Daniel Spitzer certifications and attestations in the October 10, 2024 referral packet as described above - without any attendant explanation therein of Daniel Spitzer's April 2024 departure from his government seat - have thereby misrepresented to the Rockland County Department of Planning that Daniel Spitzer somehow continues to hold the same office that he quit in disgrace half-a-year ago as the Chair of the Village of Piermont Planning Board:

https://unhandpiermont.blogspot.com/2024/10/october-10-2024-piermont-referral-to.html

By doing so, Tucker and his associates rendered the October 10 Packet attempted referral, technically-defective at best - and worse yet and again, Tucker and his associates thereby filed false instruments with a Rockland County governmental agency. See:
https://www.nysenate.gov/legislation/laws/PEN/175.40

Section 175.40, Penal (PEN) Chapter 40, Part 3, Title K, Article 175.
§ 175.40 Issuing A False Certificate.

4. Mayor Bruce Tucker And Piermont Village Government Made Additional False Statements. Additionally, Piermont Mayor Bruce Tucker should go to prison for his own false statements made to the Rockland County Department of Planning in the October 10, 2024 Packet:

https://unhandpiermont.blogspot.com/2024/10/october-10-2024-piermont-referral-to.html

Bruce Tucker therein attests that the referred CBM Zone will have either a “small impact” or else no impact on any of the following:

-Existing land use plans and zoning regulations.
-Intensity of land use.
-The existing community’s character.
-The existing community’s quality.
-Traffic.
-Infrastructure.
-Energy use.
-Water supply.
-Wastewater treatment.
-Historic resources.
-Architectural resources.
-Aesthetic resources.
-Natural resources like wetlands, waterbodies, groundwater, air quality, flora, and fauna.
-Erosion.
-Flooding.
-Drainage.
-Environmental resources.
-Human health.

These written statements made by Bruce Tucker are obviously preposterous and false. See:

https://www.nysenate.gov/legislation/laws/PEN/175.40
Section 175.40, Penal (PEN) Chapter 40, Part 3, Title K, Article 175.
§ 175.40 Issuing A False Certificate.

5. The Challenge To Daniel Spitzer. The challenge to Daniel Spitzer is now simple. Daniel Spitzer must recant those two attestations and certifications to false facts included in the below October 10, 2024 packet to which his name is affixed:

https://unhandpiermont.blogspot.com/2024/10/october-10-2024-piermont-referral-to.html

... and he must serve his own written apology for his falsehoods in writing upon all affected parties including the Rockland County Department of Planning, and ethically-bereft Mayor pro tempore Bruce Tucker. Spitzer needs to turn proverbial state's evidence on Tucker, to proverbially save Spitzer's own reptilian skin.