V or V: a Clarification

Wednesday, April 23, 2014

V or V: a Clarification

Yesterday's OtBB entry contained the following:

"When Ms. Richman finally did show up in court, Justice Robert A. Kelly Jr. dismissed the charge because, well, that's what Gus does...."

While the "that's what Gus does" part is accurate, he does not seem to have done it in the cited instance, having recused himself from any cases involving Elyse Richman to avoid any perception of "a conflict of interest."

The Cupcake Truck on Main Street

It was in another case involving a sign code violation by a Main Street business operated by one Patrick Dempsey who regularly and ostentatiously parked his "cupcake-mobile" in front of the alleyway adjacent the Ben & Jerry's retailer.

As long as the vehicle was moved at regular intervals, it was not ticketed for a parking violation, but when Dempsey started placing a "sandwich board" sign on the sidewalk, he was issued a Summons by Code Enforcement Officer Bridget Napoli.

It was in this court case that Justice Robert A. Kelly Jr. dismissed the charges against Dempsey, and in his decision notoriously admonished Mrs. Napoli, finding it "troubling" that she properly and professionally performed her duties for the municipality which retains her.

There is much for which Gus Kelley has to someday answer, but Elyse's giant ice cream cone isn't one of them.

And while we're at it, another part of yesterday's entry, "[t]he Village Justice Court has not been an impartial judiciary," should not extend to current Associate Justice Francis Fineo who, in the less than ten months he has been on the local bench, seems to take seriously his responsibilities to both the public and the Village.


1. Terk said...

After reading all of the proceedings that occur in the Village of Westhampton Beach Justice Court, I can't imagine why the village has not desolved the court in compliance to Governor Cuomo's desires to eliminate duplication of services. Couldn't the Village save quite a bit of spending by turning the court system over to the Town of Southampton.

It's a viable plan, and I am aware that a number of residents... both those who keep an eye of Six Corners as well as the more fiscally conservative... have been making noises along those lines for several years now.

What needs to happen is for residents to show up at meetings and let themselves be heard on the matter... but few have the guts to do it, never getting past the grumbling stage at Eckart's or Bun 'n' Burger.
– Dean

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