Law
Office of John J. Tormey III, Esq.
John
J. Tormey III, PLLC
1636
Third Avenue, PMB 188
New
York, NY 10128 USA
(212)
410-4142 (phone)
(212)
410-2380 (fax)
jtormey@optonline.net
https://www.tormey.org
Sunday,
July 27, 2025
URGENT AND TIME-SENSITIVE
VIA
FAX: 1-855-237-2392, U.S. MAIL, and E-MAIL:
whistleblower@cfpb.gov
ethicshelp@cfpb.gov
Mick
Mulvaney, Acting Director
Consumer
Financial Protection Bureau (CFPB)
PO
Box 27170
Washington,
DC 20038 USA
VIA
FAX: 1-855-237-2392, U.S. MAIL, and E-MAIL:
info@consumerfinance.gov
invitations2cfpb@consumerfinance.gov
Sonya
White, Esq. - Deputy General Counsel
Office
of General Law & Ethics
Consumer
Financial Protection Bureau (CFPB)
P.O.
Box 4503
Iowa
City, Iowa 52244 USA
Re:
Bank
Financial Services Complaint Against:
-Manufacturers
and Traders Trust Company alias “M&T Bank”, 527 Piermont
Avenue, Piermont, NY 10968.
-Manufacturers
and Traders Trust Company alias “M&T Bank”, One M&T
Plaza, Buffalo, NY 14203.
-Jason
J. Bernheimer alias “JJ
Bernheimer”, M&T Vice President.
Dear
Attorney White, Director Mulvaney, and Colleagues:
I
am an attorney in New York and a resident of the Town of Orangetown in Rockland
County. I represent no client in this matter, and instead write as a concerned
private citizen. I am filing this Bank Financial Services Complaint against:
1. Manufacturers and Traders Trust Company d/b/a
“M&T Bank”
527 Piermont Avenue
Piermont, New York 10968 USA.
2. Manufacturers and Traders Trust Company d/b/a
“M&T Bank”
One M&T Plaza
Buffalo, New York 14203 USA.
New York
3. Jason J. Bernheimer alias “JJ Bernheimer”
Vice President - Property Manager - Corporate Services
Manufacturers and Traders Trust Company d/b/a “M&T
Bank”
527 Piermont Avenue
Piermont, New York 10968 USA.
Hereinbelow
and for ease of reference, I sometimes
collectively refer to the three above-listed complained-of parties as comprising
“M&T Bank” or, simply, “M&T”, since they thusfar appear to have acted
in concert and collaboration with each other in this matter. It appears that
M&T executed and filed up to four (4) false signed written statements with
a governmental entity here in New York. Those four (4) false signed written
statements were apparently filed with the Planning Board of the Village of
Piermont (“Village of Piermont Planning Board”) and then published on the
Village of Piermont’s governmental website at:
https://piermont-ny.gov/
As
of the date and time of this writing, the false statements are still published
to the Village of Piermont’s website at the above-referenced Uniform Resource
Locator (URL).
The
multiple false signed written statements apparently executed and filed by
M&T Bank, can be found here:
https://unhandpiermont.blogspot.com/2025/07/watch-this-bank-shot.html
All
page-number references hereinbelow are to the 58 pages (hereafter,
collectively, the “M&T-Filed Packet”) which I posted to the above-referenced
“unhandpiermont” blog URL - each page which I first carefully extracted from
the Village of Piermont’s website at the links below. You will see that the 58 pages
are numbered in the lower right-hand corner by hand, by me, for your ease of
reference.
As
background, and as you will also see in the attached, M&T Bank, as
“Applicant”, recently filed the M&T Packet with the Village of Piermont
seeking “Site Plan Approval” and “SEQRA determination” for “proposed exterior
improvements” at M&T’s facility located at 527 Piermont Avenue in Piermont,
New York. The raw documents apparently filed by M&T Bank to that end and
then published by the Village of Piermont, can be accessed by re-tracing these below
electronic Internet URL paths in sequence, if you prefer to work with the
original documents as opposed to the copies that I blogged thereafter today:
https://piermont-ny.gov/departments/index.php
https://piermont-ny.gov/departments/planning_and_zoning_board.php
https://piermont-ny.gov/departments/zoning_board_documents/index.php
https://piermont-ny.gov/departments/zoning_board_documents/index.php#outer-1065
https://piermont-ny.gov/departments/zoning_board_documents/index.php#outer-1066sub-1354
https://piermont-ny.gov/departments/zoning_board_documents/index.php#outer-1066
https://cms9files1.revize.com/piermont/Planning%20Agenda%20AUGUST%2011,%202025.pdf
https://cms9files1.revize.com/piermont/August%202025/75.54-2-24%20Application%2005-20-25.PDF
https://cms9files1.revize.com/piermont/August%202025/75.54-2-24%20M&T%20Bank%20Board%20Pkg.pdf
https://cms9files1.revize.com/piermont/August%202025/2406-5-27-25%20Letter%20to%20Piermont%20-%20signed.pdf
https://cms9files1.revize.com/piermont/August%202025/2406-5-15-25%20Construction%20Drawings%20for%20Planning%20Board%20-%20signed.pdf
https://cms9files1.revize.com/piermont/August%202025/75.54-2-24%20%20SEAF%20Part%201%20-%20Complete%20-%20signed.pdf
Here
is the heart of the matter. You will please note that on both Page 5 and
also Page 16 of the M&T Filed Packet, the Applicant identifies the
“Zoning District” as “CBM” [emphasis added]: ... and then signs-off on that factual
representation under the signature of one “Jason J. Bernheimer” on May 20,
2025. “CBM” is a shorthand acronym deployed by the Village of Piermont to
signify “Central Business Multi-Use”. Similarly, on Page 10 and Page
21 in the “Application Review Form”, M&T, the Applicant, deposes and says
that the “[p]remises affected are in a CBM zone [in the] Village of
Piermont…” [emphasis added]:
Yet
each of these Applicant M&T Bank statements are false statements. In
point of fact, last year, on October 10, 2024, Justice Hal Greenwald of the New
York State Supreme Court ordered and adjudged that the CBM zone was null, void,
and jurisdictionally-invalid. Please see Janice Young et al.
v. Village of Piermont et al., (Case Number/Index No. 032252/2024,
Rockland County Supreme Court, April 24, 2024):
https://unhandpiermont.blogspot.com/2024/04/how-to-access-court-file.html
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/residents-sue-piermont-village-board.html
https://unhandpiermont.blogspot.com/2024/10/the-courts-decision-in-young-v-village.html
https://unhandpiermont.blogspot.com/2024/10/newsbreak-residents-sue-piermont.html
https://unhandpiermont.blogspot.com/2024/10/newsflash-humiliated-piermont.html
https://unhandpiermont.blogspot.com/2024/04/newsflash-piermont-new-york-residents.html
https://unhandpiermont.blogspot.com/2024/11/rockland-county-to-piermont-mayor-bruce.html
In
other words, the “CBM” zone does not even exist, and actually never existed. The
“CBM” zone was extinguished nunc pro tunc by the New York State Supreme
Court and Justice Greenwald. The “CBM” zone is an illegal zone. The
malevolent acts of Piermont Mayor Bruce Tucker and his Piermont Village Hall
sycophants to try to legitimize the “CBM” zone were themselves illegal acts.
Mayor Tucker even made the village government he controlled, enact a fake
“Local Law” to create the illegal “CBM” zone.
Thankfully, citizen resident
litigation stopped Mayor Tucker, which was not a simple feat considering that
the Village of Piermont is comprised of only about 2,500 residents, and Mayor
Tucker spent an amount estimated to be in excess of US$100,000 in taxpaying-citizen
resources litigating this dog of a case against his very own voters, constituents,
and neighbors. Bruce Tucker has been an ethical cancer on the body politic of
Rockland County since he took office as Piermont Mayor in 2018.
Incidentally,
I indicate above that M&T filed “up to” four (4) false statements above
since it is not yet clear whether two (2) separate false statements were simply
repeated in the record by result of document-copying - or alternatively,
whether the M&T false statements were actually written and submitted to the
Village of Piermont four (4) separate times:
https://unhandpiermont.blogspot.com/2025/07/watch-this-bank-shot.html For
the time being, though, I am presuming the worst as against M&T, since even
two (2) false statements alone are bad enough to evoke this Complaint letter. I
am hoping that your further investigation and the law enforcement tools which
you have at your avail, will reveal the correct numerical answer.
Perhaps
even more concerning to M&T Bank itself, to Mr. Bernheimer, to the Village
of Piermont, and to you and me, is the manner in which M&T’s Vice President
Mr. Bernheimer has the utter audacity to warrant the “truth” of the subject
written M&T statements, as follows, at Item #6 on Page 11:
“6. I [Jason J. Bernheimer] do hereby depose and say
that all the above statements and statements contained in the papers submitted
herewith are true, knowing that a person who knowingly and intentionally violates
this section is guilty of a misdemeanor.” [Emphasis added]:
To
similar effect, on Page 19:
“I, Jason J. Bernheimer hereby depose and say that all
the above statements contained in the papers submitted herewith are true”:
Similarly,
on Page 21:
“I, Jason J. Bernheimer, being duly sworn, hereby
depose and say that all the following statements and the statements contained
in the papers submitted herewith are true and that the nature and extent of any
interests set forth are disclosed to the extent that they are known to the
applicant”:
Since Justice
Greenwald shut down Mayor Tucker and his enablers last October 10, 2024, though,
Mayor Tucker and that ill-intentioned crew have since been seeking to insinuate
the fake “CBM” district back into Piermont parlance and practice in myriad
ways, including by causing the insertion of repeat references to that
non-existent “CBM” zone into the Village’s recently-enacted Comprehensive Plan
this year in 2025.
Therefore,
this latest discovery of multiple “CBM” reference in M&T’s application
papers could be yet another instance of that same morally-bereft Bruce Tucker
plan. Tucker is trying to resuscitate the dead CBM zone. He is, in effect,
seeking to “pull the pin” on his Piermont neighbors before he leaves office in
a few months. Although it is not yet clear what personal advantage Tucker may
gain from resuscitation of the CBM zone and the harmful 447-477 Piermont Avenue
development project, the smart money is on the proposition that the New York
State Comptroller’s audit and related attention from other agencies, will soon
find out.
In
any event, there is now great concern amongst Piermont and Orangetown residents
regarding Mr. Bernheimer’s and M&T’s assertions in the M&T Packet.
False assertions were made not just once but up to four (4) separate times in
the M&T Packet - assertions that the requested M&T “exterior
improvement” work was to take place in the known-to-be-unlawful “CBM” zone. Yet
we already know from reading the M&T Packet that M&T Bank has already
been in communication with Piermont Village Hall about the proposed M&T work
for which approval is sought.
Therefore, the false statements in the
M&T Packet may actually represent the last-gasp attempt by outgoing Mayor
Tucker and his minions themselves to reinstitute the null, void, and
jurisdictionally-invalid CBM zone in continued defiance of Justice Greenwald’s
October 10, 2024 binding decision. Yet whatever the case, Mr. Bernheimer and
M&T Bank should not in any event be allowed to make any public filing with
any governmental agency wherein they depose to affirm on-record illegality and
make repeated false statements about a non-existent “CBM” zone under penalty of
misdemeanor or otherwise – and I am certain that the banking regulations which
you enforce, prohibit all that.
Please
note that the reason why I have also filed this complaint with the banking regulatory
authorities located in both the State of New York and also in the State of
Connecticut, is because on Page 9 of the M&T Packet, Mr. Bernheimer or else
someone on his or M&T’s behalf identifies Mr. Bernheimer’s county of
residence as Fairfield County in the State of Connecticut:
https://unhandpiermont.blogspot.com/2025/07/watch-this-bank-shot.html Therefore,
it is possible that both the New York State and the Connecticut authorities
will want to assert concurrent jurisdiction over this matter, and perhaps even
effect an appropriate form of reciprocal discipline. That said, the Village of
Piermont and the subject real estate are both situated in the State of New
York.
Finally,
please note that the M&T Application for “Site Plan Approval” and “SEQRA determination” for “proposed exterior
improvements” at 527 Piermont Avenue is currently scheduled for a meeting
before the Village of Piermont Planning Board on Monday, August 11, 2025.
I will therefore appreciate your most expeditious response to this Complaint
under the circumstances. That said, under no circumstances should Mr.
Bernheimer or his employer M&T Bank be allowed to participate in or
cooperate with Piermont Mayor Bruce Tucker and the Piermont Planning Board in
illegal activity which is in rank violation and disregard of Justice
Greenwald’s October 10, 2024 New York State Supreme Court decision. I am asking
that your further investigation of this matter effect some much-needed justice
for the people of Piermont and Orangetown, and, at minimum, compel the removal
of all references to “CBM” from M&T bank officer Bernheimer’s ill-conceived
Application.
Thank
you for your prompt attention to this matter.
Very truly yours,
John J. Tormey III, Esq.
cc:
VIA
FAX: 1-518-473-9104, U.S. MAIL, and E-MAIL:
lcrisafulli@osc.ny.gov
Laura
M. Crisafulli, Assistant Counsel
State
of New York, Office of the State Comptroller (OSC) - Division Of Legal Services
New
York State Comptroller Thomas P. DiNapoli
110
State Street, 14th Floor
Albany,
New York 12236 USA
VIA
U.S. MAIL and E-MAIL:
bsheevers@osc.ny.gov
Brian
Sheevers
- Auditor 3 (Municipal)
State
of New York, Office of the State Comptroller (OSC) - Local Government and
School Accountability
New
York State Comptroller Thomas P. DiNapoli
33
Airport Center Drive, Suite 102 - Newburgh Regional Office
New
Windsor, New York 12553 USA
VIA
U.S. MAIL and E-MAIL:
lnewhall@osc.ny.gov
muni-newburgh@osc.ny.gov
LGSA-Audits@osc.ny.gov
Laura
A. Newhall – Auditor 3
State
of New York, Office of the State Comptroller (OSC)
New
York State Comptroller Thomas P. DiNapoli
33
Airport Center Drive, Suite 102 - Newburgh Regional Office
New
Windsor, New York 12553 USA
VIA
FAX: 1-518-473-8940, (1-212-681-4468), U.S. MAIL and E-MAIL:
contactus@osc.ny.gov
sgaaudits@osc.ny.gov
New
York State Comptroller Thomas P. DiNapoli
State
of New York, Office of the State Comptroller (OSC) – Albany Office
110
State Street
Albany,
New York 12236 USA
VIA
U.S. MAIL and E-MAIL:
jfreeman@osc.ny.gov
press@osc.ny.gov
Jennifer
L. Freeman, Communications Director
New
York State Comptroller Thomas P. DiNapoli
State
of New York, Office of the State Comptroller (OSC) – New York City Office
59
Maiden Lane
New
York, New York 10038 USA
VIA
U.S. MAIL and E-MAIL:
eburgess@strategen.com
Edward
Burgess – Director
Strategen
10265
Rockingham Drive, Suite #100-4061
Sacramento,
California 95827 USA
VIA
FAX: 1-518-408-3931, U.S. MAIL, and E-MAIL:
InspectorGeneral@osc.ny.gov
Lucy
Lang, Inspector General
State
of New York, Office of the State Comptroller (OSC) – Inspector General
New
York State Comptroller Thomas P. DiNapoli
Empire
State Plaza, Agency Building 2, 16th Floor
Albany,
New York 12223 USA
VIA
FAX: 1-518-408-3931, U.S. MAIL, and E-MAIL:
investigations@osc.ny.gov
Jennifer
Wood, CFE - Chief of Investigations
State
of New York, Office of the State Comptroller (OSC) – Investigations Division
New
York State Comptroller Thomas P. DiNapoli
59
Maiden Lane
New
York, New York 10038 USA
VIA U.S. MAIL and E-MAIL:
Aida.Vernon@ag.ny.gov
Aida Vernon, Esq. - Assistant Attorney General
Public Integrity Bureau
28 Liberty Street
New York, New York 10005 USA
VIA
FAX: 1-845-638-5298, U.S. MAIL, and E-MAIL:
info@rocklandda.org
District
Attorney Tom Walsh
Rockland
County District Attorney’s Office
1
South Main St, Suite 500
New
City, New York 10956-3549 USA
VIA FAX: 1-845-364-3435,
U.S. MAIL, and E-MAIL:
schuetzd@co.rockland.ny.us
schiafor@co.rockland.ny.us
Mr. Douglas J. Schuetz,
Acting Commissioner
Mr. Rich Schiafo, Deputy
Commissioner
Rockland County Department of
Planning
50 Sanatorium Road, Building
T
Pomona, New York 10970
USA
VIA FAX: 1-845-364-3435,
U.S. MAIL, and E-MAIL:
feidenl@co.rockland.ny.us
housmanm@co.rockland.ny.us
Larraine S. Feiden, Esq., Principal
Assistant County Attorney
Mark Housman, Esq., Principal
Assistant County Attorney
Office of Thomas E. Humbach,
County Attorney
11 New Hempstead Road
New City, New York 10956
USA
VIA FAX: 1-845-364-3435,
U.S. MAIL, and E-MAIL:
carsena@co.rockland.ny.us
Mr. Adam Carsen, Associate
Planner
Rockland County Department of
Planning
50 Sanatorium Road, Building
T
Pomona, New York 10970
USA
VIA U.S. MAIL
Jason J. Bernheimer
Vice President-Property Manager-Corporate Services
Manufacturers and Traders
Trust Company d/b/a “M&T Bank”
527 Piermont Avenue
Piermont, New York 10968
USA
VIA U.S. MAIL and E-MAIL:
lohara@mtb.com
Laura Proske O’Hara, Esq. – General Counsel and
Chief Legal Officer
Manufacturers and Traders Trust Company d/b/a
“M&T Bank”
One M&T Plaza - 345 Main Street
Buffalo, New York 14203-2308
USA
VIA U.S. MAIL
Bernard J. (Bino) Lanza, Architect
209 Old Route 9, Suite 5
Fishkill, New York
12524 USA
VIA U.S. MAIL
Village Of Piermont Planning Board
478 Piermont Avenue
Piermont, New York
10968 USA
