affirmation of michael burger in support of defendant's motion to ...

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------------x
In The Matter ofthe Application of
LANDMARK WEST!, ARLENE SIMON, SUE MELLINS
and SOPHIA deBOER,
- against-
MANHATTAN BOROUGH BOARD,
Plaintiffs,
AFFIRMATION
MICHAEL
BURGER IN
SUPPORT OF
DEFENDANT'S
MOTION TO
DISMISS
OF
Index No. 116913/04
Defendant.
-----------------------------------------------------------------------------x
MICHAEL BURGER, an attorney admitted to practice before the Courts of the
State of New York, hereby affirms pursuant to Rule 2106 of the New York Civil Practice Law
and Rules ("C.P.L.R.")
that the following is true and correct:
1. I am an Assistant Corporation Counsel in the office of MICHAEL A.
CARDOZO, Corporation Counsel of the City of New York, attorney for defendant Manhattan
Borough Board. I submit this affirmation in support of the defendant's motion to dismiss the
plaintiffs' action pursuant to C.P.L.R. § 3211(a)(1) and (7). This affirmation is based on
personal knowledge, information contained in the books and records of the New York City Law
Department, conversations with employees of this and other City offices, and the Mfidavit of
Barbara Baer, sworn to December 21,2004 (the "Baer AfC').
2. Plaintiffs initiated this action seeking declaratory judgment nullifying the
resolution of the Manhattan
Borough Board, dated August 24,2004, approving the City's sale of
the building at 2 Columbus Circle to the Museum of Arts and Design (the "Museum"), and an
injunction prohibiting
sale of the building based on that resolution.

3. The building at 2 Columbus Circle, presently owned by the City, sits
vacant and in deteriorating condition on the south end of Columbus Circle, a central and
important part of the City that has otherwise experienced significant rejuvenation and
redevelopment.
The sale will allow the Museum to move from its current location at West 53rd
Street, where there is only enough room to host temporary exhibitions, to a larger space where
the Museum will be able to, among other things, display its permanent collection, open an
restaurant, and develop a Center for the Study of Contemporary Craft. The sale has already
undergone an extensive public review process pursuant to the City's Uniform Land Use Review
Procedure ("ULURP"), including public hearings before Community Board 5 and the City
Planning Commission,
and has been approved at all levels.
4. The proposal also underwent environmental review in accordance with the
State Environmental Quality Review Act and the Rules of Procedure for City Environmental
Quality Review. The environmental review for the project was challenged in an Article 78
Proceeding commenced
by these same plaintiffs, who claimed that the review did not adequately
address the historic and architectural value of the building. In an opinion dated April 15, 2004,
Justice Walter B. Tolub determined that a thorough environmental review for the project had
been completed, and that the review of historic and architectural
resources was entirely adequate,
and dismissed the proceeding. See Landmark West v. Burden, 2004 NY Slip Op 5033IU, 3
Misc. 3d 1102A (Sup. Ct. N.Y. Cty. 2004). That decision was appealed to the First Department,
where arguments were held on December
1, the same day this action was filed.
5. Pursuant to Section 384(b)(4) of the New York City Charter, final
disposition of the building requires the approval of the Manhattan Borough Board. A public
2

meeting was held by the Borough Board on August 24, 2004. At the end of the meeting, the
Board passed a resolution approving the sale to the Museum. See Exs. A, B.
6. Plaintiffs now claim that the Borough Board violated the New York State
Open Meetings Law (the "OML"), Article 7 of the Public Officers Law, because the public
meeting was held in late August, and because notice was allegedly not provided to the news
media. See Complaint, ~~ 29 - 31.
7. Plaintiffs, however, do not have standing to bring this action. Section
107(1) of the OML states that "[a]ny aggrieved person shall have standing to enforce the
provisions of this article against a public body." Plaintiffs were provided with ample notice of
the meeting, and neither allege nor have shown that they were aggrieved by any alleged statutory
violation. For instance, each plaintiff in this case is also a plaintiff in the related matter of
Landmark West! v. Burden, and is represented by the same counsel in both cases. A letter from
the New York City Law Department dated August 13, 2004 and copied to plaintiffs' counsel,
states that the sale of the building "is on the agenda for the August 24, 2004 meeting of the
Manhattan Borough Board." A copy ofthat letter is annexed as Exhibit D.
8. Moreover, telephone conversations, emails, personal meetings, public
notice and media coverage in the weeks leading up to the meeting ensured that plaintiffs were on
notice of the meeting date. See Baer Afr, ~~ 5 - 13; Exs. C - G. Plaintiffs were thus able to
mobilize and prepare for the meeting.
See Baer Aff., ~ 12; Ex. F. Kate Wood, executive director
of Landmark West, who had been personally notified of the hearing date by the Manhattan
Borough President's Office, actually appeared at the public meeting on behalf of plaintiffs and
read a prepared statement into the record; Arlene Simon, president of Landmark West and an
individually named plaintiff in this proceeding, was also present at the meeting. See Baer Aff., ~
3

4; Ex. F. In addition, notice of the meeting was published in the City Record, and an article
listing the meeting date also appeared in the New York Daily News on August 18, 2004. See
Baer Aff., ~~ 11, 13; Exs. E, G.
9. Because plaintiffs and their counsel received actual notice of the Borough
Board meeting well in advance of the meeting date, they cannot properly
argue that they were
"aggrieved"
within the meaning ofthe OML provision they now rely upon.
10. Plaintiffs have also failed to carry their burden of showing good cause to
void the Borough Board's resolution. The August 24 meeting was widely publicized and open
and accessible to the public. Plaintiffs were in no way prejudiced by the meeting's date or by
any alleged failure to notify the news media.
Even assuming there was a failure to notify the
news media, the fact remains that the New York Daily News published
an article a full six days
prior to the meeting that, among other things, listed the meeting date. Accordingly, even if true,
such an omission would be a technical one that is not grounds for validating the resolution.
11. On information and belief, litigation commenced by plaintiffs stands as a
significant obstacle to the completion of the sale of the building at 2 Columbus Circle to the
Museum of Arts and Design, and has the potential to negatively impact the transaction. This
complaint, lacking any merit whatsoever, should not be allowed to further delay, and thereby
jeopardize,
the broadly supported effort to rejuvenate both the building and the Museum.
12. For these reasons, defendant respectfully requests that the complaint be
dismissed with costs, and such other and further relief as the Court deems just and proper.
4

13. No prior application has been made for the requested relief.
Dated:
New York, New York
December 22, 2004
7·····' .<
/ "
,'- - .••..
"
.....
./'
_~
~.,-.
J / - .
~ .-

"
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------------x
In The Matter ofthe Application of
LANDMARK WEST!, ARLENE SIMON, SUE MELLINS
and SOPHIA deBOER,
AFFIDA VIT OF
BARBARA BAER
- against -
MANHATTAN BOROUGH BOARD,
Plaintiffs,
Defendant.
Index No. 116913/04
-----------------------------------------------------------------------------x
STATEOFNEWYORK )
COUNTY OF NEW YORK )
SS:
BARBARA
BAER being duly sworn, deposes and says:
1. I am Deputy Borough President for the Manhattan Borough President's
Office. I have been in this position for approximately one year. My responsibilities include
oversight of the Borough President Office's policy division; land use, housing and economic
development division; and communications division. I also serve as chair of the Manhattan
Borough Board in the absence of the Borough President.
2. I understand that the preservation group Landmark West and a few
individuals opposed to the City's sale of the building at 2 Columbus Circle to the Museum of
Arts and Design have commenced this challenge to the Manhattan Borough Board's
authorization of the sale, claiming that the notice provided was inadequate. I am fully familiar
with the facts of this case. I offer this affidavit in support of the Borough Board's response to the
challenge. This affidavit is based on personal knowledge, the records of the Borough President's
office, and conversations with employees of the Borough President's office.

3. Pursuant to § 384(b) of the New York City Charter the disposition of the
building by the City to the Museum requires the approval of the Manhattan Borough Board. The
Manhattan Borough Board consists of the Borough President, the district Councilmembers from
the borough, and the chairperson of each Community Board in the borough. Pursuant to § 85 of
the City Charter, the Board meets and regularly conducts business on a monthly basis throughout
the year.
Pursuant to the City Charter, a public meeting was required before the Borough Board
considered the disposition
of 2 Columbus Circle.
4. On August 24, 2004, the Manhattan Borough Board held a public meeting
on the sale of the building at 2 Columbus Circle. Representatives of Landmark West, including
its executive director Kate Wood and president Arlene Simon, and other individuals
were present
at the meeting, and were given time to voice their opinions regarding the proposed disposition.
A copy of the minutes of that meeting are annexed as Exhibit A. At the. conclusion of the
meeting, the Borough Board passed a resolution approving the disposition. A copy of the
resolution is annexed as Exhibit B. As with all of the Borough Board's public meetings, that
meeting was available for broadcasting
or cablecasting.
5. Plaintiffs in this case were provided ample notice of the August 24
meeting.
6. For instance, in or around May 2004 this office was contacted by Ms.
Wood, who requested that the office notify her when the Borough Board scheduled the hearing
for the disposition of the building. On or about July 23, 2004, this office received notice from
the New York City Economic Development Corporation ("EDC") that the disposition of the
building was ready to come before the Borough Board, and a request that the issue be placed on
the agenda for the August meeting of the Board. Shortly thereafter, the office telephoned Ms.
2

Wood, and notified her that the disposition
of the building would be included on the agenda for
the August meeting of the Board. The meeting was originally scheduled for August 19.
7. Ms. Wood acknowledged her receipt of this notice in an email to me,
dated July 28, 2004. A copy of that email is annexed as Exhibit C.
8. In addition, Ms. Simon, an individually named plaintiff in this case,
personally met with the Borough President on August 5 to discuss the disposition
of the building
and the upcoming meeting.
9. On or around August 9, 2004, the scheduled date of the Borough Board
meeting was changed from August
19 to August 24, and notice of the change was emailed to all
Borough Board members and Community Board District Managers. A reminder to the board
members and district managers was sent on August 13. Shortly thereafter,
this office telephoned
Ms. Wood and informed of her ofthe
change.
10. I personally had several conversations with Ms. Simon regarding the
upcoming meeting, during which we discussed the substance and procedure
of the meeting, and
the August 24 meeting date.
Ms. Simon voiced her objection to having the meeting in August.
However, as I informed Ms. Simon, because a major meeting on the Hudson Yards rezoning was
scheduled for the September Borough Board meeting, this office concluded
that there would be a
greater opportunity to discuss the disposition of the building at 2 Columbus Circle at the August
meeting.
11. On Wednesday, August 18, the New York Daily News published an
article titled "Lollipop licked?" in which it was noted that "Manhattan's borough board will vote
on Tuesday [August 24] on whether to authorize the sale of famous - but not landmarked - 2
Columbus Circle." A copy of that article, pasted in an email, is annexed as Exhibit E. The
3

article, which was published six days before the hearing, includes a quote purportedly from Ms.
Wood of Landmark
West, indicating her apparent displeasure with the scheduled meeting.
12. An email dated that same day and directed to an undisclosed recipient, but
apparently targeting Landmark West members and other members of the general public, makes
clear that Landmark West was perfectly aware of the August 24 meeting date. A copy of that
email is annexed as Exhibit F.
13. F~nally, in accordance with the standard practice of this office, Public
Notice was also posted in the City Record on August 19, 20,23 and 24. Copies of those Notices
are annexed as Exhibit G.
13c-~
BARBARA
BAER
I~ aa-1
. Sf
Sworn to before me this () I day of
December, 2004.
"'.../ ~(' crt~at .
( ~'~~
(' ~"J ;?
'No,ary Public
/1
(P~.(I(~_tJ
Judith L. Outlaw
Commissioner of Deeds
City of New York No. 2-6207
Certificate filed in Kings County
Commission Expires April!, ,}jOD b
4

;\:lIN['TES OFTHE j\;l.\~HATTTA~
August 2.;J. 200~
BOROl"GH BO.-\RD
In Attendance:
Presiding: Barbara Baer, Deputy Borough President, Roxanne Dodds. Director of
Community Affairs and Constituent Senices and Anne Strahle. Deputy Director of
Community Affairs and Constituent Services.
Council Members: Joshua Bocian (Brewer), Dirk ~lcCaH (Gerson). Hon. Robert Jackson.
Karny Santana (Lopez), Cindy Espinoza (IVlartinez), Jessica Lappin (Miller). Jenny Sedlis
(Moskowitz),Ed Sullivan (Perkins) and DanieUe DeCevso (Quinn).
Community Boards: David ~lcWater (CB3). \Valter Mankoff (CB4). Da\'id Diamond
(CB5)Jordi Reyes-1Vlontblanc(CB9), Daniel Perez (CBIO), Lino Rios(CBll), and I\Jartin
Collins (CB12).
Guests: Larry IVIcClean (CB9), Ross Moskowitz (Stroock and Stroock),Rick Bell
(American Institute of Architects),Rolf Ohlhausen (ODA Architects), Sherida E. Paulsen
(PKSB Architects), Holly Holruer (Nluseum of Arts and Design).HollyGreenfield
(Resnicow Schroeder Associates), Toni Eubanks (I\luseum of Arts and Design). Barbara
Tuber (Museum of Arts and Design), Hunter Palmer (Museum of Arts and Design). Kale
\Vood (Landmark \Vest), Arlene Simon (Landmark \Vest). Susan Chin (Department of
Cultural Affairs),8haron Fuchs (CALi) and Michael Henn Adams.
The meeting was called to order b}' Barbara
Baer.
The agenda was adopted and the July 200~ minutes \H're apprmed.
Borough President's
Report
Barnara Baer presented the Borough President'" report.
Recently. the Borough President called for a su mrnit of cit.\ leader'> [0 review the
recommendations of the 9/11 Commission R~port. In \lay. she asked the \L.l: or to he mort'
forthcoming in terms of the city's emergency prep

The 9111 Commission sited several breakdowns in the local response to the terror attacks
inyolYing communications command and control and detailed problems with the city's 9 I I
system. The ylayor has pledged a $1 billion overhaul of our 911 system. we need to know
what th3t '\.\'iI1entail and how will it incorporate the findings in the 9/11 Commission
report.
Also, the Borough President has called for a faster pace for the Citizen Emergency
Response Training (CERT) program. Only a handful of \"ew Yorkers have gone through
the training program and many citizens continue to wait for training. Ha\'ing more CERTtrained
residents could be valuable should an emergency' happen during the upcoming
Republican National Convention.
\15. Baer stated that the Borough President has again called upon the \layor to bring
together the Borough Presidents, Cit)" Council \Iembers and other ejected officials to brief
them on the City's counter-terrorism efforts and 9/11-related reforms.
Recently, the Borough President released a statement regarding the ongoing issues with the
CFE lawsuit. She believes it is outrageous that the CFE lawsuit issue has to go back to
court. After 11 years of discussion we are no closer to finding a formula that will reflect
student needs and improve the quality of ~ew York City's schools.
The lack of leadership from GO\rernor Pataki is disappointing and has left ~ew York City
schools underfinanced. \Ve look to the goyernor for leadership and solutions. Now, we must
again return to court because the Governor has failed to reach an agreement with the
legislature to resohre this decade-long battle for qU3lity education in our schools.
The Borough President and her Helicopter Task Force had a press conference and called
on the Federal Aviation Administration to implement new helicopter regulations
immediately'. They have demanded that helicopters will not fly below 1500 feet that they
have filed a flight plan and that air traffic control i~ in contact with them. Congressman
Weiner introduced legislation, but it did not pass.
Also, the Borough President cited a recent report h~ the good gO\ernment organization.
Cood Jobs \"en York and complaints receind b~ her office has called for the SUHt' and
City Comptrollers to review Lower \lanhattan De\ elopmrnt Corporation's (1.\ IDC I
records 3S they relate to the allocation of SepkmhH 11th recO\t'ry funds, The L\lDC
fecci\ed a total ofS3A billion to rnitalizt' lo\\a .\l~inhattan folln\\ing the Septemher 11th
attacks, Thus far. nearly $1.8 billion has Ol'en npl'nded fOf,U\:h item. __;1." ,~fants to
residents and businesses. marketing. technical clln"ulting. ;Jnd ft'a.,ihilit.\ "tudies. Of the
remaining Sl hillion there are discussions ft'!!;Jfdin,!.! ,;llllcaling mom:: for a \\orld I r;Hh'
Center rnt'morial and a rail link to Long Island ;jnd .IFK .\irport. The Borough Pre"idl'nl
\\ ants accountability regarding L\IDC.

Ed Sullivan of Councilman Perkins office asked if there was a landmarks Presen

\lr. Smith stated it is just a financial mechanism for the :\Iuseum to pay the purchase
price. it is a mortgage.
\Is. Brewer stated does it mean the \luseum does not h:ne to. pay the Sli million. \lr.
Smith explained that the \luseum does have to pay and it is just like a mortga~e. a securit!
interest in the propert~·. There is a penalty if they do not pay. a late fees or takl:' thl:'
property back.
\15. Brewer asked that EDC let the Borough President's office know on a regular basis if
the \Iuseum does make payments according to the outlined schedule attached'? :\lr. Smith
believes that it would not be a problem to inform the Borough President"s office and the
Borough Board.
\15. Dodds thanked :VIr. Smith for his presentation.
Barbara Baer proceeded to call the public speakers regarding this issue. She explained to
everyone that they had three minutes to speak.
Holly Hohlraer, Director of the l\'luseum of Arts and Design stated that the ~Iuseum has
raised the money and is ready to begin construction in April 2005. \Ve have out grown our
current space and in the last six years, we have increased our visitors b)' 100 9'c. we sene a
large number of students and families and work closely with our communit)'. 'Ve do not
have the space to continue our growth and we are the only institution that represents the
contemporary crafts decorative arts and design in the United States. \,"e are also advocates
for artist and we will have artist studios. Getty and \Iellon foundations along with the
Federal government will probably fund its Center for Arts and Design which will be an
international project.
Councilwoman Brewer stated that she does support the :\luseum and it has a wonderful
opportunity to show its craft and the education programs. but what is the rush. I am one of
the individuals who support having the meeting in September. What is the need to have the
meeting right now.
\15. Hohlraer stated that she could not speak to the timing of the Borough Board. Ho\\ e\ loT.
she believes there was another major issue on the table for September and we might h:H I:'
been moved to Octoher. \'ie are Yer~' committed to hegin as soon as pos ..•ible. We ha\t' h'en
delayed for eight months and there is desire h~ the cil! t(1han the Circle completed in
,\'o\ember. If ••.••. ·e started constructiun toda~ Wt \\ ill not he optned ror another l\\ 0 and eLl!i
Years.
Kate \\"ood! Executive Director Landmark \\"est re~d thl:'

Toni Eubanks.
•
Member of the Board of Governors of the Museum of Arts and Desion
~
f
stated that the Museum has rational reasons to be part of Columbus Circle. It will benefit
the community as well as ~ew York and visitors. The \luseum is planning to expand its
educational programs. research center for students. scholars. artists. etc. Also. the \Iuseum
serves bilingual and disabled students. \Ve urge the Borough Board to ,,"ote in favor of the
selling of the building.
Fredric Bell, Executive Director of AlA .\ew York Chapter read the attached statement.
Sherida E. Paulsen, a principal of PasanelJa. Klein, StoIzman and Berg Architects. Chair uf
the Historic Buildings Committee of the American Institute of Architects and former
Chair of Landmarks Preservation Commission read the attached statement.
1\Iichael Henry Adams, a historian architect and who wrote a book titled Harlem Lost and
Found. He stated that 2 Columbus Circle is similar to what happened to the Audubon
Theater in Harlem. The former Manhattan Borough President negotiated to presen:e the
building. Mr. Henry also stated that still today this countr)" has a problem with due
process. The Landmarks Commission was established to hold hearings to say if this
building should be protected or not. In Boston. it has a law that each time you are going to
destroy a building that is over 50 years old automatically there is a hearing. !\Ir. Henry
asked the Board not to approve the propose sale of the building. Two former chairs of the
Landmarks Preservation Commission who refused to protect this building and even to
consider to landmark. He stated that this is wrong and he urged the Borough Board to do
the right thing.
Barbara Tober, Chair of the Museum of Arts and Design urged everyone to vote in favor of
the building. The building sits like a gray lad)', it needs attention and love. "lany non-code
regulations of the floors and walls. The building needs love and attention. The people
invoh'ed with this building understand the need not to destroy. but enhance doing it the
right way. \Ve have obtained a famous architect to work with us on the building. l'rge
eHryone to allow us to it.
\Ionica Blum President of Lincoln Square Business read the attached statement.
Roxanne Dodds thank the speaker, then read tht:' Resolution and ashd the Borough Board
to also read their cop)'. \Is. Dodds asked if there \\as d motion to~upp()rt the Resolution.
Councilwoman Brewer st.ated motion to support.
Councilman Jackson asked \\hat the current le:...:al st:Hus of the caSe j". hate \\ ood "Llt\:d
that the case is in the Appellate Dhision of the 'e\\ York St.ate Suprem;.' Court.
6

Ed Sulliyan (Councilman Perkins) sUited tha t the explanation that the yote has to be in
August is inadequate and a small delay would be appropriate. Also. all code yiolations ca;l
be taken care of and there is not reason to redesign the building.
Councilman Jackson stated that he is curious that the representatiH of the \luseum is a
certified expert by the court. \Vho did she tes tify in court on behalf of?
.\ls. Paulsen stated that she was asked by the court to testify.
Cindy Espinoza (Councilman :\lartinez) askerl when was the first request to landmark the
building . .\ls. Paulsen stated it .•••as in 1996.
Councilman Jackson stated that reading the documents it shows that Landmarks has
reviewed it several times.
Councilwoman Brewer stated that on Februar:y 21, 2003, she and other elected officials
wrote a letter to the Mayor asking to support any efforts to landmark this building. She
received a repl)' on April 24, 2003, stating tha t the Landmarks Commission had reviewed
this building over a period of time b)' Landmarks' professional staff and agreed not to
recommend the property for designation. Councilwoman Brewer stated she has called
Commissioner Tierne,y ten times requesting a hearing.
Councilman Jackson stated that after hearing from Mr. Michael Henry Adams and the
advocates who are asking that the Borough Board delay the action; that Landmarks has
failed to act and there is no indication that they are going to act.
Ed Sullivan (Councilman Perkins) stated he was concerned that Landmarks refused to
have a hearing on this matter. He believes a vote by the Borough Board to go forward
ratifies this notion. \"e are taking a step allow ing agencies to make decisions without
hearings -it is a Hr}' dangerous step.
Councilman Jackson ,",,'asconcerned why this meeting could not he held in Septemher.
\ls. Baer st.ated that in September we will he hearing ten l'LCRP applications for the
\\"estside (Hudson Yards). Also, ",,·ereall:- did consider Septemher and it wa...•our opinion
that the question was un the sale of the properl~ and that there \-\-ould he adequate
representation on both sides of the issue to hol d the meeting.
Jt.'SSiC3 Lappin of Speaker \liller's office stated thi ...i...• -.;uedid not just (orne up. Thi" j" ...u\.'
has heen in the press for several yenrs. This i" eln important pLlrt of the proce and till'n'
has heen community hoard. city council and ci I~ pL.Hlnin;.: l'ornmis-.;ion hearin~s.
\ Is. Dodds read the question and took the" ok:
­I

Councilwoman Brewer - Yes- Stated that she joins her colleagues for a September yote and
that she called the Borough President to have the meeting in September .. -\150. stated that
the Westside is galloping to fast for development and that the building remains a cultural
center. Councilwoman Brewer stated that she supported the Resolution.
Councilman Gerson - Yes
Councilwoman Lopez - Yes
Councilman Martinez- Yes
Councilman Miller- Yes
Councilwoman ~loskowitz- Yes
Councilman Perkins- ~o
Ed Sullivan stated that the Councilman asked that if the
questions he asked were not answered to vote no.
Councilwoman Quinn- Yes
Councilman Reed- Absent
Community Board 5- Yes
Councilman Jackson - Yes
He stated that he read the materials and listened to all the
parties, the reasons and wishes there was a solution. In
the City Council we vote with the Council person,
and this is in Gale's district.
The "'ote was nine (Yes) and one (No).
Barbara Baer thanked everyone for attending and stated it was a great meeting.
Roxanne Dodds also thanked ever)'one and moved the agenda to request the Communit~·
Board Reports.
Communitv Board Reports
.lordi Reyes-:\lontblanc of CB9 stated that the Board's Piers& Economic Committee h~...
been meeting throughout the summer. Also. the 197.-\ Committt'e has

Roxanne Dodds thanked :\1r. Reyes-;\Iontblanc for his comments and stated that the
Borough President has a :-;YCHA Task Force and \ls. Johnson is the Chair of the Task
Force.
Dahd McWater of CB3 stated that he and the District \Ianager are trying to get the oftice
organized. The Board has been meeting with EDC on the waterfront issues. The Board is
concerned with the buses parking In the community.
\Valter Mankoff of CB4 stated that he Board has been extremely actin and \\:orking also
on Sundays. The reason is the rezoning of Hudson Yards. He distributed copies of the
Board's comments (46 pages) that they submitted to City Planning regarding Hudson
Yards. The report was completed by volunteers (community board members) and a small
staff. The City did not limit height on buildings and the first time the City is disposing land
without public review. \Ve have a major campaign for affordable housing.
Roxanne Dodds stated that the Borough President appreciates all their work and thanks
the community board members.
1\lr. i.\lankofT stated that the Board is short of communit~· board members. Currently', they
only have 42 members instead of 50 members.
Dirk ylcCall of Councilman Gerson's office stated that the Councilman and the City
Council passed legislation regarding Dignity in all schools. The Councilman and
Community Board 2 opposed having the l\ew York Book Country' Fair in \Vashington
Square Park.
Dan Perez of CBlO stated that this is the first time in IS years the Board was off for the
summer.
Daivd Diamond of CBS no meetings in Au~ust. However. in July voted on Hudson Yards
and submitted in their recommendations to Community Board .t. Also. ~athy Kinsdla.
District :\Ianager will be resigning in October. He stated Ihat the Board is really going to
miss her and she has been a great asset to the Board.
Lino Rios of-cBll stated that the Board has h'ld it."firq

Roxanne Dodds requested that Mr. Collins follow-up with Carlos Rodriguez on this matter.
she is also available for assistance.
Lee Chong of the Borough President's Office spoke about the upcoming public hearing on
Hudson Yards. It will be held on r\Ionday. September 13. at FIT School. It begins at 6:p.m.
:\Is. Dodds spoke about the upcoming Community Board training. It will be held on
;\Ionday, October 4, at Baruch College at 5:30p.m. Information was distributed to all the
board members. She also stated that the office will try to go to individual communit~
boards for special customized training.
Ms. Dodds thanked everyone for attending and adjourned
the meeting.
10

THE CITY OF NEW YORK
OFFICE OF THE PRESIDENT
BOROUGH
OF MANHATTAN
C. VIRGINIA FIELDS
BOROUGH PRESIDENT
Meeting of August 24, 2004
MANHATTAN BOROUGH
BOARD
RESOLUTION
NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION PROPOSAL TO
ACQUIRE FROM THE CITY OF NEW YORK BLOCK 1030, LOT 1 FOR
CONVEYANCE TO THE MUSEUM OF ARTS AND DESIGN, INC. OR AN
AFFILIATED ENTITY PURSUANT TO NEW YORK CITY CHARTER SECflON
384(b)(4).
WHEREAS, the City of New York ("City") is the owner of certain real property
(the"Property") located within Community District #5 consisting of a certain parcel of land
identified as Block 1030, Lot 1 on the Tax Map of the Borough of Manhattan;
WHEREAS, the Museum of Arts and Design, Inc. (or an affiliate thereof) desires to
acquire the Property in order to rehabilitate the building thereon for use as a museum;
WHEREAS, The Museum of Arts and Design, Inc. plans to rehabilitate
Property in connection with its mission as a cultural institution;
and use the
WHEREAS, it is contemplated that New York City Economic Development Corporation
("EDC") will acquire title to the Property for conveyance to The MQseum of Arts and
Design, Inc. or an atrlliated entity, pursuant to Section 384(b)(4) of the City Charter;
WHEREAS, EDC has notified Community Board No.5 regarding the proposed
conveyance of the Property, and said Community Board has recommended approval of the
conveyance;
WHEREAS, the purchase price for the property is $17,050,000.
THEREFORE, BE IT RESOLVED that the Manhattan Borough Board hereby approves
the above-described transaction.
MUNICIPAL BUILDING • 1 CENTRE STREET • NEW YORK, NY 10007
PHONE(212)669-8300 FAX (212)6694305
""'~,I . 1'1

6S/16/2ee4 09:53 212-312: 316 NYC ECOtOvlIC F.4G[ 82
I
f
!
Io,I
I
1
I
f
I
I
I
I
l
!
. I
Meeting of August 24, 2004 I I
M.QlHA 1T AN BOROUGH B~ARD
!
RESOLUTION ;
..
; i
WHEREAS. The Museum of Arts and Design. Inc. (or an affiliate thereof)
desires to acquire the Property in order to rehabilitate the building thereon for use as a
museum;
"'- ..
WHEREAS. The Museum of Arts and Design,iJnc. plans to rehabilitate and use
the Property in connection with its mission as a cultural ~nstitution;
I
i
I .
WHEREAS, it is ce>l1templatedthat New York tity Economic Development
Corporation ("EDC") will acquire title to the Property f~r conveyance to The Museum of
Arts and Design) Inc., or an:affiliated entity, pursuant t9 Section 384(b}4 of the City
Ch~er. !
I
f
r
I
\
I
I
By
C. Virginia Fields
Borough President
_
I
I
!
I
I
r..ht'~~nico\ge.vwash\bofOICS

Page 1 of 1
Anne Strahle
From: Kate Wood [katewood@landmarkwest.org)
Sent: Wednesday, July 28, 2004 7:06 PM
To: bbaer@manhattanbp.org
Cc: Ichong@manhattanbp.org; astrahle@manhattanbp.org
Subject: 2 Columbus Circle
Dear Barbara:
This evening I spoke to Anne Strahle, who mentioned that you were investigating whether there is any time clock
that would require the Borough Board meeting regarding 2 Columbus Circle to go forward on August 19. I
compiled the following timeline to help clarify the sequence of events to date (please note that these dates are
from 2003, over a year ago!):
March 31, 2003: Disposition of 2 Columbus Circle from City to EDC certified for ULURP
May 8, 2003: Manhattan Community Board 5 voted to approve disposition, 18-8-1
May 27,2003: Borough President issued a report recommending approval of the disposition, but raising several
concerns including that there was (and still does not seem to be) a final design
July 2, 2003: City Planning Commission voted to approve disposition
In July 2003, the Borough President's office informed us that a Borough Board hearing was required according to
Section 384 of the City Charter. We anticipated that the hearing would happen in August 2003 and have kept in
contact with Anne Strahle each month since then. But, EDC did not move forward. Anne called me on July 14,
2004, to tell me that EDC had just requested that 2 Columbus Circle be put on the Borough Board's agenda for
August 19, 2004.
EDC has allowed this project to languish for more than a year after the City Planning Commission's vote. It's hard
to imagine that any applicable time clock, if such existed, would not have already expired. Postponing the hearing
by another month or two could hardly be considered a hardship for the applicant.
Please let me know if there is any additional information that might be helpful to you. Thank you very much for
your efforts.
Kate
Kate Wood
Executive Director
Landmark West!
45 West 67th Street
New York, NY 10023
0: 212-496-8110
F: 212-875-0209
~atewood @Iandmarkwest.orq
8/23/2004

MICHAEL A. CARDOZO
Corporation Counsel
THE CITY OF NEW YORK
LAw DEPARTMENT
100 CHURCH STREET
NEW YORK. N.Y. 10007-2601
(212) 788-1159
August 13, 2004
Honorable Catherine O'Hagan Wolfe
Appellate Division
First Department
27 Madison Avenue
New York, New York 10010
Re:
Landmark West! v. Burden. et aI.
(NY Co. Clerk's Index No. 119036/03)
Dear Ms. Wolfe:
I am of counsel to Michael A. Cardozo, Corporation Counsel of the City
of New York, the attorney of record for municipal respondents-respondents in the aboveentitled
appeal, as to which there is currently a motion and two cross-motions pending
before this Court. I am writing to inform the panel that is considering the motions about
recent relevant developments.
I have been informed by Senior Counsel for respondent-respondent the
New York City Economic Development Corporation ("EDC") that the EDC Board of
Directors approved the proposed saIeof 2 Columbus Circle by the City of New York to
EDC and by EDC to respondent-respondent the Museum of Arts arid Design, at its
August 3, 2004 board meeting. Additionally, the project is on the agenda for the August
24, 2004 meeting of the Manhattan Borough Board. Municipal respondents-respondents
will keep this Court informed of further developments.
Respectfully submitted,
~

...
cc:
Marcus Rosenberg & Diamond LLP
Stroock & Stroock & Lavan LLP

Page 1 of 1
Roxanne Dodds
From: Stephanie Kalinowski
Sent: Wednesday, August 18, 200410:18 AM
To; Comty Affairs & Const Svcs
Subject: FYI-NY Daily News-Lollipop licked?
New York Daily News - http://www~nydailynews.com
Lollipop licked?
Wednesday, August 18th, 2004
The city's sale of the lollipop building is moving forward, despite a pending appeal of a preservationists' lawsuit.
Manhattan's borough board will vote Tuesday on whether to authorize the sale of famous - but not land marked ­
2 Columbus Circle, which got its nickname from its lollipop-shaped columns. The board is expected to give its
approval; sources said. It's the final government action required before the controversial sale can take place.
The buyer, the Museum of Arts & Design, plans to tear down the building's white-marble facade - which infuriates
preservationists. So does the board's scheduling of the vote in late summer, when many of the lollipop building's
supporters are out of town.
"This is a dog-day sneak attack,· said Landmark West's Kate Wood.
8/18/2004

----Original Message----
From: LANDMARKWEST! [mailto:landmarkwest@landmarkwest.org]
Sent: Wednesday, August 18, 2004 4:56 PM
To: Undisclosed-Recipient:,
Subject: 2 Columbus Circle: City Poised to Approve Sale
August Dog Days Sneak Attack: City Set to Decide on Sale of 2 Columbus Circle
After a year of unexplained delays, the City is poised to give final approval to the sale of 2 Columbus Circle. On
August 24, at 8:30 AM, the Manhattan Borough Board will convene to authorize a plan that will utterly destroy
Edward Durell Stone's original 1964 design, which leading preservationists at the city, state, and national levels all
agree deserves at least an open, public hearing to determine its merits for landmark status. To date, over 1000
individuals and organizations have signed on to urge the NYC Landmarks Commission to schedule this
hearing. Our pleas have fallen on deaf ears.
2 Columbus Circle deserves the chance for survival that a fair and due process is supposed to provide. The
message we've received -loud and clear - has been, "Due process be damned'"
If this sounds extreme, just remember - common NYC political wisdom has it that scheduling a hearing on a major
public issue during the last week of August is a deliberate effort to avoid meaningful public participation.
Many community supporters of preserving 2 Columbus Circle are not able to attend Tuesday's meeting (the
second to last week before Labor Day, the week before the Republican Convention takes over NYC). Those
of us who are in town feel strongly that we should not dignify this farcical meeting with our presence. Therefore,
we plan to send down a single spokesperson to read the statement below. As one of the 1000 advocates for 2
Columbus Circle to receive the due process it deserves. please em ail us and let us know that you would like to
co-sign this statement.
In unity, there's strength! Please contact us immediately: landmarkwest@landmarkwest.org or 212-496-8110.
Many thanks for your continued support of this landmark effort!
We, the undersigned, fOlmally protest the scheduling of a Borough Board meeting to review the proposel
sale 01'2 Columbus Circle for August 24,2004, and request that it be rescheduled to a date in September.
It is common New York political wisdom that to schedule a public matter in late August (in the
absence of a real emergency) is a deliberate effort to avoid meaningful public participation. It is

particularly outrageous in this instance since neither the Economic Development Corporation
CEDC)nor the City has moved this process forward in the full year since the City Planning
Commission's vote on July 2, 2003. Indeed, on February 27,2004, counsel for the City informed the
Supreme Court for the State of New York that the Borough Board was expected to act in May 2004.
In view of the foregoing, this sudden rush to judgment is unseemly at best - and highly
suspicious at worst. Two Columbus Circle deserves the chance for survival that a fair and due process is
supposed to provide.
• When the nation's premier pr~ervation organization, the National Trust for Historic Preservation,
names 2 Columbus Circle to its list of America's "Most Endangered Historic Places;"
• When the Preservation League of New York State includes 2 Columbus Circle on its "Seven to
Save" list;
• When every major preservation group in New York City aligns in S1.1pportof a public hearing
before the Landmarks Preservation Commission to determine 2 Columbus Circle's merits for
official Landmark status;
• When distinguished architect and Dean of the Yale School of Architecture Rohert A.M. Stem,
New York Times architecture critic Herbert Muscharnp, artists Chuck Close and LeRoy Neiman
and Franyoise GHot-Salk and Milton Glaser, New York notables such as Tom Wolfe and Joan K.
Davidson, not to mention more than 1,000 other signatories (see attached document entitled "The
Silent Majority"), United States Congressman Jerold Nadler and Congresswoman Carolyn
Maloney, New York State Senator Thomas K. Duane, and Assembly Member Scott Stringer and
other local elected officials have all called for a public Landmarks hearing to give 2 Columbus
Circle fair and due process (see enclosed copy of February 21,2002, letter),
To ignore this public outcry is reprehensible. Furthermore, because of the irresponsible timing of
the Borough Board's meeting and the fact that, as of Wednesday, August 18, only four business days
in advance, notice of this meeting has not appeared in the City Record, many supporters of
preserving 2 Columbus Circle are not able to attend. Such cavalier treatment of the important role of
public participation is a violation of the spirit of good government and must not be tolerated.
Please reconsider you determination to press fOlward in this cynical manner.
Respectfully,
***+*.*****************************************************************************~
IMPORTANT: This e-mail message and any attachments contain information intended fOl
the individual(s) or entity to whom it is addressed and may contain information that
confidential and/or exempt from disclosure under applicable law. If you are not the
hereby notified that any viewing, copying, disclosure or distribution of this inforn
restriction or sanction. Please immediately notify the sender by electronic mail or
by telephone (518)292-5180 or e-mail (adrninistrator@empire.state.ny.us) and delete t
Thank you.
***********************************************************************************~

TR:a CJTY UCOJUI
v~.r".OII+MO
VOLllllIB CXXXI NUMBER 181
PRICE $3.00
TABLE OF CONTENTS
PUBLIC BEA1UNGS •• MEETINGS
BrtJIU BorouJh Prelident ,3483
Manh.ttan BoJ'tNBh Pnlaid.nt 3483
CityCounclJ 3483
City Plannins Commillion 3484
Economic Development Corporation 3484
om.,. ofth. M.yor 3484
Paru and Recreation .. , , , .34S.C
Tran.portation , .3486
COtIBT NOTICES
Supreme CoUl't .. , ..•............... 3485
Rkhnwnd County 3485
Court Nolin Map< 3495-3497
Citywid. Adminiatrativ. Servlcea ..... 3486
DiuUlOfl of Mun.ieipal
Suppl~6
Sf!Tui..cf!8 •.' ••••••.•••.•••••••••• 3486
Environm.ntal Protection ..•......... 3486
Polic •............................ 3486
Port Authority of NY and NJ 3486
FIRST TIME PRoctmJ:MJ:NT ADS
PROctll1DDCNT
3487-3488
Adminiotraliv. for Children'. Servleu .3488
Queen. Borouah Prelident 3488
CityUnivenity 3488
Citywid. AdminUotrativ. Servion 3488
Divuion 0( MUf1icipal SupplJa
Serv~ •...................... 3"sa
... 3488
Economic: Development Corporation ... 34138
Contrad Adminirtration and
P1'OCur"'el?tJ!nl , ••••••••••••••• , ••• 3488
Education , ..•......... , 3489
Office ofl'urr:hOliJlK Ma""l/."'

THE~CITY'RE,CORD
Official Journal
of !,he city of New York
nt& crT": JlZCO"D
O •• ..P••• D11 .•...•ag
VOLUME CXXXI NUMBER tSlI FRIDAY. AUGUST 20. 2004 PRICE $3.00
., .......
, ..
.... .3505 READER'S Bllrtau ... 3500 .3503 3510 ........ 3502
PROCUREMENT
Port FmSTAuthority COlltract Procurement/Materials of . Administration
NY and· .3504 3502
NJ , .3504
andPolice Ma.nagemellt
Housing Procunurunt SerfJi~u Preservation .........
and Development ........... 3502
..•........ of Public Advocate
Offiee of Pun:haaing .3502
Management
.3507
Education 3504 . .3507 .
Division TIME WasGUIDE Iewater
of School PROCUREMENT Treatmf1tt
Homelelll Facilitus ., .3505
.3499
........
Environmental ADS 3504
Protection .
Triborough Administrative AGENCY Bridge
Youth RULES for '.3508
Children'. and Tunnel Community · .3505 .3500
.3508
SPECIAL Health Campaign and MATERIALS
Finance
.........
Mental Hygiene Board . .3503
. 3501
.J50~
Service ...........
University •.. , , ..... . 3501
Citywide Citywide AdministTative Administrative .3507
... · ·.3506 .3509 .3510 3514
Services Labor Development
Service Houaing' Economic
City
Dillu;on Queens .3503 V.ndorLuu
Health PUrch08ill.g
Offl.C~of Relatiom
S~rvU:tS
Planning •..... Authority
and Borough
Development of
3503 Contract. Munic-ipol
Hospital,
3503 Finance ... ..................... "
, President .......
and . Supplu, Corporation ...•.•..•..... 3503 Changes in Personnel
Comptroller ....
Corporation
Procl4r~fM.nt , , ...
., .3504
~uenlU and Conn_ion ..... .
.. 3606
Sanitation Transportation .
THE CITY RECORD
MARTHA K. HIRST. Commisaioner, Department of Citywide Administrative Services.
ELI BLACHMAN, Editor o{The City Record.
Publi,hed Monday throullb Friday,_pt !.pIholidaY' by the Department of Citywide Adminiale811ve Serv; ••••
of the Clly ofN •••• York under Au_lity of section 1066 of the New York City Chorter.
Suboo:riplion-$4oo. year; daily, $3.00. top)' (k.oo by mail) Periodicaa Poatap Paid at N •••• York, N.Y.
POSTMASTER: Send .ddreal chancea 10 THE CITY RECORD, &om 2208 Municipal Building, New Yor!t, N.Y. 10007· 1602
EdI1oria1 0fIke
w:r.,~i~IY.I =inc
Telephone (212) 869-8252
PUBLIC HEARINGS AND
MEETINGS
BRONX BOROUGH PRESIDENT
• PUBLIC H&AlUN08
A PUBUC HEARING Ie ham, called ~1 the Preaident of the
Borough of The Bronx. Hon ••.• ble Adolfo Camon. Jr. OIl
Wedneaday. Aupat 25, 2004 at 10:00 •. m. ill the office of the
Borough i'rHident. 198 Eut 161n Blftet, (one block ••• t of
the Grand Concoune) 2nd Floor, The Bronx, New York, 10451
on the following item:
CD 3 ULURP APPLICATION NO: C 040442 HAlt • IN THE
MATTER or an .ppllcalion aubmltled by the Departmenl of
HouainJ Prne •••••lion and DeYeIop ••••••t (HPD~
11 N~Y:J. 'Sta~~;16 oI'the General Municipal La •• or
')~g;:'38;'E".:a~U:~~lo~~:~U:
Melroae Commona Urban Renewal Aro (Bloclr. 2407, Lou
23,27, and 28), •• an Urban Development Action Area; and
b) An Urban o..elopment ""lion Are. Project for ouch area;
and
2) punuant to Section 197-c oftbe New York City Charter lor
the diapolition of IUch property to • developer to be
•• Ieeted by HPD;
to racilitate coutruet.ion of an eilht-atory building 'tentatively
known aa Plazoleta Han, with .pproximately 54 unitea for
homele •• families and young adult.l _gin« out of fNter can. to .
be developed. under the HPD Supportive HOUIin. Program.
ANYONE WISHING TO SPEAK MAY REGISTER AT THE
HEARING. PLEASE DIRECT QUESTIONS CONCERNING
THIS MATrER TO THE BOROUGH PRESIDENT'S
PLANNING AND DEVELOPMENT OFFICE AT:
1718) 590-6124.
al9-2$
MICHAEL R. BLOOMBERG, Mayor
The CityofN •••• York Home P_
provide. Internet aece •• via the woJU.D
WID. WD to IOlicitauaDa and &warda
bttpl//www.nyc."",/eltynlcord
~~.:.::."!t1'.~~~:dc~~~:.~nor
contact the OfIice of the Manh.ttan Boroullb Preaident, 1
Cenln Street, 19th Floor. New Yorlc, NY 10007, (212) 869­
=1.ler than thne (3) buaine •• daya prior to the public
al9-24
CITY COUNCIL
_ ru••••.•••• JIKAJUNQ8
NOTICE IS HEREBY GIVEN THAT tIM matHr belo ••
•••• submitted to the Counell on Au.,m 12, 2004 ••• d
p_t to Seeilon 383-c 0' the Charter. a public
beuin. ahall be acbedulttd wltbln ninety day-.
""'-" authoriaintl resolullon aubmilled by the M.,.....
punuant to SeolioD 363 of the Charter for the _ting of
franchiMa for inata1I.lion of teleeommunlcaliona equipment
ADd facilltiet OD,over ud UDder the inalienable property of'
the City In conn_on with the pnwialon of
tel_Ilona
aarvicea.
WHEREAS. by heculive Order 25. deled Aucual23. 1996.
the Me,..... baa deaicnated the Department of Informalion
Technology and Te1eeommunlcationa •• the reaponaible
.pncy for the _w.. or telecommunlcaliona I'nnchlaa; and
WHEREAS. punuanllo Seolion 363 of the Charter ("the
Ch.orter'") of the City .fN •.•• York ("the City"). the
Commlaaioner of the Department of Information TrcImolou
and Telecommunlcaliona baa made the iDilia! detennlnallOll
of the need for fraDchi •• for i:ut.alJ.tion of
telecommunlcaliona equipment and facilillea "'" over and
under the Inalienable property of the City In connoclion with
the pruviaion or znoI>ia le-...w:.liona ...-ricH, and baa
prepared. propoaed .uthorl%ing •••• lulion for the _tin, of
auch f'ranchlaea: and
WHEREAS, the M.,..... baa auhmitled 10 the

Tin, CITY RbCORD
VOLUlIIB CXXXI NUMBER 183
Official Journal of The City.oj /yew York
-'iI
MONDAY, AUGUST a3, aOO4
'I'D ern IlECOAD
0 .•.•.•• 011....-0
PRICE $3.00
TABLE OF CONTENTS
PUBLIC BEARINGS" MEETINGS
Board Meetinp 3515
Brooklyn Borougb President .3515
Brom Borough President 3515
Manhattan Borough President , 3515
City Planning Commi •• ion 3516
Education 3516
Parka and Recreation 3516
Tranaportation 3516
COUllT NOTICES
SupremeCourl 3517
RichmUhliehearing on the following matters
in the Community Room, Brooklyn Borough Ball, 209
Jora1emon Street, Brooklyn, New Yorll1l201,
commencing at lkOO P.M. on Wedneaday, September 1,
2004.
CALENDAR ITEM I
SCHAEFER WATER TAXI DOCKFACILlTY 460 KENT
AVE.
COMMUNITY DISTRICT 1
In the matter of an application submitted by the Department
of Park. and RecreatIon reqUeKting the issuance of a special
~~~~:r~ead:;,:I:rer:.:~:~~tA;:~:1J=~f3o..~ ~~1)
in the Williamsburg area of Community Di5:triC't 1.
(050006ZSK, 05OOO7ZCK) .
CALENDAR ITEM 2
DISPOSITION OF CITY OWNED PROPERTY
AMENDMENT OF THE BUSHWlCK II UIlBAN
RENEWAL
pLAl'-l - OZZIE wn..sON RESIDENCES
COMMUNITY Dl8TRICT 4
In the matter of an application submitted by the Department
of HOUJing PrHervation and Development {HPD}. for an
amendment to the Buahwick II Urban Renewal Plan.
designating 159 Covert Street (Block 3417. Lot 56).186,186
and 190 Elden S1. (Block 3417, Lots 6, 7 and 8), 567, 569,
571,573 and 575 Central Ave. (Blo

~ ' ~r
mr'llIl&'w'JI be '-:lid Iltha MaDhlltIII BorouP Pl'I!lide
0Il'ice located at ODe Centre Street, 191'1_ Sonth. .
The apnda will iDcIwIe the following item:
a) _lutloll on P"'J'OOO'! aal. of Block 1030, Lot I, 2
Columbus Circle (Community Board '5) to Muaeum of Arta
and Dea\iD (tha "MuaeumO) or an aftUiated entity by New
Yorlr. City _ IleYe\opment Corpora~ 0
"Community Board Fi'lll and City CoUDdJ Memben are
elltitlo4lO •••lAI••• thia item.
NOTE: ~ ~ aign..J.onguap inlAlrpr.tan or
other reaaonahI. a«ommodationa ror diaabilitiet lbould
conlal:t the 0fIIte or the Manhattan Borough President,
1 Centre Street, 19th Floor, New York, NY 10007,
(212) 669-4400, no lalAlr than lime (3) huain ••• daya prior to
the public bearinaal9-1ot
CITY PLANNING COMMISSION
NOJ'ICB IS HEREBY GIVEN THAT RESOLVTIONS
ha"" been adopted by the Clt)< P11Ul11l••• Ccnnmiaorioa
..,_aIlq pubUcr beariap on the foI1owl ••• matten to
be bald at S-"", u.u. II Rud. Street, New York,
N •••• YorIIl0007, on Wedaetlday, AIIpIt IS, JOO4,
comme-pciul at UhOO LIDo
CD 13
136.
BOROUGH OF QVEBNS
C08
C040358PPQ
IN THE MATI'ER OF an a~tion
Department or Citywide AdminiatratiY.
oubmitted by tha
s.m-, punuant to
Section 197 .•• oftha New Yortr. City Charter, rorthe
d1"l'Ooitlon of •••••• (1) ciiy-owned property located at
82-66 llKth Street (Block 66l58, Lot 1). purauant to zoninlJ.
COB
C0403S7ZSQ
EDUCATION
• mETING
BOBOUGH
OF BROOKLYN
C040llIlIPQK
IN THE MATI'ER OF an applicatio..lubmltted by the
Depaztmcrat of Sanitatioo and the Departmont or Citywide
Adminiatrati'lll Serriaa, punuant lO Soc:tion 197 .•• of the
New York City Charter, fitrthe ac:qulaition of~
located at 2012 Neptulle Avenue (Block 7018,.].ot I), for
Continued. UN U • garap.
BOROUGH OF MANHATTAN
CD4 C_a_
IN THE MATI'ER OF ••• appU_ oubmIued by
Vcrri_ New York, IIle. _t to SecrtI ••••• I97 ..••_
201 or the New YorII Clt)< Cbarter far •••••••••••••••••• t or
the ZonIat'Map, _OIl No. tier. crIuuIPq fIona aa MI.a
Diatrlet to a CI-4 Diatrlet ptDJI8I'ty boUDded by • line
m1d_y benreaII W•• 4lInd Streetlllld W•• .tIrd
Street, a1ille.cao teet waioterIy orBleY1tath A •••••••••
Weat.tlrd lItreet, _ El_th A•••••••• wlthlu the
Special CU_ Dbtrlet, u ohown em a dIacnm «or
llIuotrati'lll ~ ocr1y) dated Juae 7, 2004, and oUbjeet to
the conditlODa ofCEQR Declaration E-13e.
CD4
C __
IN THE MATI'ER OF an aUlllicatiem lubmitted by Verizon
New York.1nc. punuant to s.ictiooa 197 .•• and 201 oftha
New York City Charter lor aD ameadmeat of the ZoniDfJ
::£i~on NO.::;' c~..= b; ~ ~~ct to
Street, Twe~ .•• n~eat 48th Street, _EI ••••_th
Av_ •••• within the Special CIia_ D1otrict, u abown
2&:.:b~~U:-':'~~=~=~
IN THE MATI'ER 011' an application auhmltted by the N_
Margaret Yorlr. City Tiets HealthNurling and Hoopita1a and Rehabilitation Corporation Center and thep\lZllWUlt
~~~~~~~~f~i~L~Of
the ~ Reoolution to allow a 40-_ ••_ ••• home
i::'a=~~4~::J:::ml~~l.r;t~r~J~
Di.trict.
bo~~i::-.:d~:se: ~ea::~N,
New York.. N.Y. 10007.
YVE'M'E V, GRUEL. Calendar Officer
City Pla=ing Commioaion
22 Reade Street, Room 2E
New York. New York 10007
Telephooe No. (212) 720-3370
~\::n~~t.
al2-28
The Committee on Contracta will hold it. next meeting on
Augult 26, 2004 at 9:00 A.M. Item> to be diacu •• ed ana other
details are svailable online at
httpd/www.nyeenet.edulopmlaward&icontractnew.html
&20-28
PARKS
• JOINI" PlJBUC JlXAJUNG
AND RECREATION
NOTICE OF A JOINT PUBLIC HEARING between the
Franchise and Concession Review Committee and the
·1·JfJ!;CITY RECORD MONDAY, AUGUST 23, 2004
'1 l: ......•••. '~.
I Ilepll'llllelltofPU'b ami lla:ruliDn to be lleJd on Moaday, • ll'iDgwiU be held at 40 Worth Street, Room 814,
, ~1~ FIOoI:•••••••••••• 2004 of Manhattan, at Spector comm_ Hall, 22 !IeJOde at 10:00 Street, un. Main Wodaeaday, B••• "IiI of Mauhattan, September C01IlJDeIlCInr 8, 2004. lntenated 2:00partiea p.m. oncan obtain
re1atiYe to: copita of propooed apeementa or requett aign-hmgulge
ll'ITENT TO AWARD . tha tion and interpretera (with at I•••• tleveu daya prior notice) aHO
maiIltellanc:e of two (2;r~=:." on1:'Hu~ Worth Street, 9 South, New York, NY 10013, or by calling
lUver Parkway •••••• lhe Weatchater A•••••••• em, In the (212) ~O.
Bnmx,!or a U-lermatlUleell (15) yean to StJlICON,
North 1ne.. ~pa1 Ha ••••• CT offic:er: 06430. DaYid Monk) 75 Wuhintton Avenue, 'lID 910 Fifth the matter Avezo•••• or. Corp. propoHd to maintain ewcable and we consetit tha exiating authorizing
Ammmt·
Year 1,'72,000 _ K of _ ftOeipto
Y•••••• ''13,440 •••••• 8\{' 0( _ ftOeipto
Year" '74,9011.80 _ /I\{, or •••••• racelpta
Year 41 $711,408.97 _ /I\{, of_ receipta
Yaar I< '77,935.11 'Ill"'" of _ receipta
Year. t80,273.18'11lnU1 of_ racelpta
Year 7. $82,881.35 _ or _a racelpto
Year.$85,181.7he ••••• K o(_"lfteipta
Yaar" $87,718.1K _!lll. or_" .-ipta
Year 1111$91,225.30 YOnua /I\{,o( _ receipta
Year III $94,874.31 'IIlrIUI or _ raceipta
Year 121$sa,/l69.28 v•••••• 0(""" raceipta
Year 1. '103,602.74 •••••• K of _ ftOeipto
Yaar 141'108,782.87 veroua 6-. of_ ftOeipta
YaarU, $114,222.01_ 6-. of_ ftOeipta
Aatlcipated CapltallaY1tatmeDb "12,000.00
LOCATION
XlOl.o·R
lnlanstool putiea may _ a copy of tho propooed_
_t in Room 318 at tha Anenal, Centre! ParIr., 830
Fifth A_ •••• NY. NY 10021. _ CODtact tha Lop!
Department at (212) 380-1313 to oat up en appointment.
TELECOMMUNICATION DEVIcE FOR THE DEAF (TOO)
1 800-281-5722.
alk13
NO'1'ICE OF AJOlNT PUBUC HEARING _ the
FranclIioe and Conceao;an R..-lew Committee and the
Department olParIr.o and Recreation to be bald ••• Monday.
~~r~~~:.-m
•• laUn to:
iNTENT TO AWARD •• a __ tha coa.str=tioll,
=~;P:;d:,~~~rr::
U-lAIrm oftweaty (2O»)'eaR to Io1and TeDnia"-;tP. dIbIa
SPORTlME (~om.en: Claude Okin, Jeff Crowne,
Laurie HarIiIi, Baa Sch1anab. Jay Karl, and ~
KIcrpr) 11930. 32 Abrabama Path, 1'.0. Box 778, AmapnIett, NY
Amoaat·
~-:-~,ooo=~oltlyn. The propooed
_hie conaent II fitr a term of eJe.en yean !'rom July I.
2004 to June 30, 2015 and provideo, _ oth.r tenDO aod
coaditicml. for eompelllation pa,..ble to the City aceording to
tha folJowina ochedula:
For lhe period July 1, 2004 to June 30, 2005·116,541
For the period July 1, 2005 to June 30. 2006 - 116.954
Portbe period July 1, 2006 to J\Ul. 30, 2007 -'17,367
For the period July 1, 2007 to June 30, 2008 - $17.780
For the period July 1, 2008 to June 30, 2009 • '18.193
For tha period July 1, 2009 to June 30, 2010 • '18,606
For tho period July I, 2010 to June 30, 2011 • '19,019
For the period July I, 2011 to June 30, 2012 • '19,432
For the period July 1, 201210 June 30. 2013 • $19.84G
For the period July 1, 2013 to J\Ule 30, 2014 • '20,258
For lhe period July 1, 2014 to June 30, 2015 - '20.671
the maintenance of a eecurity depooit in tha Iwn or '30.000,
aM the fllJ". of an inourao

THE CITY RLCORD
Official Journal of The City of New' York
,... CI'I'T 1IaCO&D
'0' .• , •••••••••••
VOLtIMB CXXXJ NUMBER 184
~AY,
~ >
AUGUST 1M,IIOCK
PRICE $3.00
TABLB OJ' CONTENTS
PUBLIC HEARINGS. MBBTINOS
Brooklyn Borouah Pruident 3531
Bronx Borough Pruldent 3531
Manhattan Borough Pruident 3531
City Planning Commioion 3531
Education 3532
Pariu and Recno.tion 3532
Tl'llmJIOrtation 3532
COURT NOTICES
SUpl'l!lDl!(Aurt 3532
Richmond (Aunt)' 3532
CD"" Hoela Mopo ...••.••••.. 3U1-3549
PROPDT1' D18J'08lTION
CltyWida AdmInittratiYt Strrieta 3533
Vi"ilion 0( MUIIlt:ipolSupp/iu
&rvi:Procurrment;
A,.ne:l' Rul ••
BROOKLYN BOROUGH PRESIDENT
• PUBIJC II1UJNlllI
UNlJ'ORM LAND USE REVIEW PROCEDURE
Noticei. hereby Pen that. punuant to 8eCtion. 82 and 197..c
of the New York City Charter, the Brooklyn Borough
President will bold • public hearin. on the followinc matten
in the Community Roo •••• Brooklyn Borough BaI1, 2011
JoralemoD Street, Brooklyn, Ne.••••York 11201,
commencing at 8:00 P.M. OD WednNday, September 1,
ZOO4t
CALENDAR lTEM 1
SCHAEFER WATER TAXI DOCK FAcn.1TY 480 KENT
AVE.
COMMUNITY DISTRJCT 1
In the matter of &11appllcetion aubrnitted by the Ilepe.rt:ment
of Pariu and Recreation requeot.lnl the iaautnee of a epecial
permit for the development oC. water t.ui I.anding on the
Eut River at a lite •••• t ofknt Avenue (Block 2134, Lot 1)
:~~i1~~icK)ofCommunity Diatrid 1.
CALENDAR rrEM 2
DlSPOSmON OF CITY OWNED PROPERTY
AMENDMENT OF TH1Il BUSHWICK 0 URBAN
RENEWAL PLAN • OZZIB WILSON RESIDENCES
COMMUNrrY DlSTRICT 4
In the matter of en applieation aublnitted by the Department
of Houeing Preeervation end Denlopment (HPD), for an
amendment to the Buahwick n Urban lIen •••. aI PIan,
designating 159 Covert Street (B1oc:k 3411, Lot 56),186,188
Iarp.ecaIa de¥eIopment in the DUMBO area of Community
Diatri Floor South. Preaident'l
The ,genda •• ill include the following item:
a) Resolution on proposed lale of Block 1030, Lot 1, 2
Columbul Circle (Community Boend tS) to Museum of Arts
and Design (the "Museum") Dr an affiliated entity by New
York City Economic Development Corporation.'"
"'Community Board Five and City Council Members are
entitled to vote on this item.
NOTICE IS HEREBY GIVEN THAT RESOLUTIONS
have been adopted by the City Planninll Commi.tion
~hedulin. public hearing. on the following matters to
be held at Spector Hall, 22 Reade Street, New Yorlt,
New York 10007, on Wedneaday, Augutt 28. 2004,
commeneing at tChOO a.m.
CD 13
BOROUGH
OF BROOKLYN
C040198PQK
IN TH1Il MA'lTER OF en .ppllcation aublnittad by the
Department of Sanitation and the Department of Citywide
Admini.atrative Servicea, punuant to Section 197-c of the
New York City Charter! for the acqui.ition or property
loeated at 2012 Neptune Avenue (Block 1018, Lot I). for
continued UN U a garage .
CD4
CD4
CDS
~g;TE~e~~~~~~lea~sc~~=~:~~~btit~~ili:Y:{. or
to
CD8
BOROUGH
BOROUGH
OF MANHATI'AN
OF QUEENS
C040249ZMM
IN THE MA'lTER OF an. application aubmitted by
Verizon New York, IDe. punuant to Sectiona197-e and
201 of the New York City Charter for an amendment of
~~~~:N~8c,~~u:!~m~1i~a3
midw.y~ Weal; 42nd ~ and welJt:Jrd
Street, aline 450 feet; wNterIy of Eleventh Avenue,
Wed "rei Street, and Eleventh Avenue, within the
Special Clinton District, aa shown on a diagram ({or
i1Iu.at.rative purpoee. only) dated June 7, 2004. and subjeet to
the conditione ofCEQR Declaration E-135.
YVETTE V. GRUEL, Calendar Officer
~~tk;2~~~~e~.O=~8J~n
New York, New York 10007
Telephone No. (212) 720·3370
C040280ZMM
IN THE MA'lTER OF en application aubrnitted by Vemon
New York, Inc. pureua1lt to Sectione 191.., and 201 of the
New York City Charter for All amendment of the- Zoning
Map, SediOll No. Be. ehanJllDlIlrom an M2-S diotriet to
an MI-5 Diotriet, property bounded by Wett 47th
Street, Twelfth Avenue, We. 48th Street, and Eleventh
Ayen •••• within tbe Special Clinton Dietrlet, •• Ihown
on. di.ap-am (for illustrative purpoaes ocly) dated June 7.
2004, and eubject to the conditione of CEQR Declaration E­
136.
C040356PPQ
IN TH1Il MA'lTER OF en application eubmitted by the
Department of Citywide Adminiatrative Services, pursuant
to Section 191.., of the Ne •• York City Charter, for the
diepotitlon of ODe (1) clty-owned property located at
82-68 164th Street (Block 6858, Lot I), punuant to •• ning.
C040357ZSQ
IN THE MATl'ER OF an application submitted by the New
York City Health and Hospitals Corporation and the
Margan:t Tieb Nunring and Rehabilitation Center pursuant
to Sectlona 191.., and 201 of the Ne •• York City Charter for
the grant of a special permit pursuant to Section 74-90 of
the Zoning Resolution to allow. 4()..bed nursing home
use within an eDating l()"story building on a 2:oning
lot located at 82--68164th Street (Block 6858, Lot i), in an
R4 District.
Plans for this proposal are on file with the City Planning
'Commission and may be seen in Room 3N I 22 Reade Street,
New York, N.Y. 10007.

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------------}(
In The Matter of the Application
LANDMARK WEST!, ARLENE SIMON, SUE MELLINS
and SOPHIA deBOER,
- against-
MANHATTAN BOROUGH BOARD,
of
Plaintiffs,
ORDER TO SHOW
CAUSE
Inde}( No. 116913/04
Assigned Judge:
IAS Part:
Defendant.
-----------------------------------------------------------------------------}(
Upon reading and filing the anne}(ed affidavit of Barbara Baer, sworn to
December 21, 2004, and the exhibits anne}(ed thereto; the affirmation of Michael Burger, dated
December 22,2004, and the e}(hibits annexed thereto; and the annexed memorandum oflaw, it is
hereby:
ORDERED that plaintiffs or their attorneys show cause at the IAS Part of the
Supreme Court of the State of New York, County of New York, located at the New York County
Courthouse, 60 Centre Street, New York, New York 10007, Room __ , on the 6th day of
January, 2005 at 9:30 a.m. or as soon thereafter as counsel may be heard, why an order should
not be made: (1) pursuant to C.P.L.R. § 3211(a) dismissing the action on the grounds that a
defense is founded upon documentary evidence and plaintiffs have failed to state a cause of
action, and (2) granting such other relief as the Court deems just and proper; and it is further
ORDERED that sufficient cause appearing therefore, let service of a copy of this
order, together with the papers submitted in support thereof, upon David Rosenberg, Esq., at
Marcus Rosenberg & Diamond LLP, 488 Madison Avenue, New York, NY 10022, attorney for

plaintiffs, on or before the 23rd day of December, 2004, be deemed good and sufficient notice of
this application; and it is further
ORDERED that any papers in opposition to defendant's motion to dismiss are to
be served, by hand, on defendant's counsel at 100 Church Street, New York, New York 10007
no later than 5 p.m. on the 4th day of January, 2005, and it is further
ORDERED
that any reply papers be served, by hand, on plaintiffs' counsel no
later than 5 p.m. on the 5th day of January, 2005, and it is further
ORDERED
that oral argument is directed on the Order to Show Cause on the 6th
day of January, 2005, at _o'clock _.m., or as soon thereafter as counsel may be heard.
ENTER
l.S.C.
2

AFFIRMATION
OF SERVICE
STATEOFNEWYORK )
: SS.:
COUNTY OF NEW YORK )
MICHAEL H. BURGER, an attorney admitted to practice law in the State of New York, affirms
that on the 23rd day of December, 2004, he caused to be served by hand the annexed Order to
Show Cause, Affirmation of Michael Burger, Affidavit of Barbara Baer, Supporting Exhibits,
and the Memorandum of Law in Support of Defendant's Motion to Dismiss upon David
Rosneberg, attorney for Plaintiffs, at 488 Madison Avenue, New York, NY 10022, being the
address within the State theretofore designated for that purpose.
~~L-f2v::/
fi-;c
MICHAEL H. BUR ER
Assistant Corporation Counsel
New York City Law Department

Index No. 116913/04
'" ,
SUPREME COURT OF THE STATE OF NEW YORK
Corporation New COUNTY Tel: 100 Attorney Counsel Church York, (212) N.Y. OF 788-0905 Street for ofNEW the 10007 the City YORK of of NewYork
York
AI/orney New MANHA -against- TT AN BOROUGH.................................... OfBOARD, Counsel: York. for N. .................................................................................................
Y...................................................................................... Michael Burger
.................... Defendant. Plaintiffs, 200 Esq. ...
In the Matter of LANDMARK WEST!, et at.
ORDER TO SHOW Due CAUSE and timely service MICHAEL is hereby admil/ed. A. CARDOZO
'\
}
•
.~..