Willets Point United:
The court case, Sen. Tony Avella v. City of New York, is pending before Justice Manuel Mendez in New York State Supreme Court. Oral argument will take place on July 30, 2014 at 2:15PM at 71 Thomas Street, Room 210.
QDG must be so nervous about the prospect of an adverse court decision, that it has resorted to bringing in the ultimate New York judicial juggernaut – former Chief Judge Judith Kaye – to attempt to persuade the court to see things QDG’s way. Frankly, we think this is also a not-so-subtle attempt to intimidate Justice Mendez into siding with QDG, and to make it uncomfortable for him to do otherwise. After all, the legal issues raised by this case are clear-cut, and could be very well presented by any competent attorney who doesn’t happen to be a former Chief Judge of the New York State Court of Appeals. What, then, does QDG gain by retaining former Chief Judge Judith Kaye for this case?
Well, for Justice Mendez to rule in favor of Plaintiffs/Petitioners (against QDG and Willets West), he would have to disagree with not just any QDG lawyer, but with Judith Kaye, former Chief Judge of the New York State Court of Appeals. It is as if the former Chief Judge is telling Justice Mendez on behalf of QDG: “I find that this mega-mall is legal and may proceed. Who are you to disagree with me, the former Chief Judge at this state’s highest court, two levels above yours?”
With all due respect, it should be noted that Justice Mendez is at the Supreme Court – the lowest level of trial court in New York State. Above that is the Appellate Division. And above that is the Court of Appeals, where Judith Kaye was an Associate Judge from 1983 through 1993, and then Chief Judge for 15 years from 1993 through 2008, when she retired because of age restrictions. She is now of counsel, and apparently for hire, at the law firm Skadden, Arps, Slate, Meagher and Flom LLP.
We also note that Judith Kaye was first appointed to the Court of Appeals, and later designated its Chief Judge, by then-Governor Mario Cuomo – the same Mario Cuomo who, in 2012, brokered settlement talks on behalf of Mets owners including Fred Wilpon who were involved in Bernard Madoff’s Ponzi scheme. Bankruptcy trustee Irving Picard had sued the Wilpons to recover $386 million in swindle profits. Cuomo not only reduced the amount the Wilpons owe to $162 million, but also got Picard to drop his claim that the Wilpons were willfully blind to Madoff’s fraud. Now, Cuomo friend Judith Kaye is assisting the Wilpons’ Sterling Equities to lay claim to 40+ acres of Queens park land, to supplant it with a mega-mall.
We pray that Justice Manuel Mendez sees right through QDG’s attempt to strong-arm his decision in the Willets West matter by inserting former Chief Judge Judith Kaye into the case – and that Justice Mendez will have the fortitude to disregard undue pressure and render a decision that is based, as it should be, on the relevant facts and law.