Editor’s Note: According to Larry Nussbaum, President of RC Recreation Development, Supervisor Matt Slater and Yonkers Police Chief Robert Noble threatened his arrest when they arrived to remove him from the Par 3 golf course without a court order or eviction notice. Nussbaum writes,
Quotes directly from the Yorktown Police Department’s Police Report (Entry/CC#: BL-22-39001) dated December 1, 2022 at 795 Route 6 (Shadow Creek).
“YPD Dispatch received a call from Supervisor, Matt Slater, requesting police presence at the location. Supervisor Slater advised there was a resolution passed by the Town of Yorktown for the property to be vacated before 12/1/22 and the former contractor had been notified but was still at the location”
“A Yorktown Employee used bolt cutters and cut the lock and opened the entrance to the location. At this time we all entered the property and were met by Larry Nussbaum, the owner of the corporation which had the previous agreement with the Town of Yorktown.”
“Mr. Nussbaum continuously asked those present if we had a court order which order him off the property”
“Lt. Graham advised him that he possibly may be arrested”.
“Nussbaum ultimately got into his vehicle and left the scene without incident.” End of Quotes from the Police Report
“As I left the premises, I photographed Slater who was observing his orchestrated illegal forcible eviction from the Park and Ride walking away now that his forcible eviction was accomplished.
“In reality, I should have been able to call the Yorktown Police to assist me in stopping this forcible eviction, but in this case the Yorktown Police actually participated and became perpetrators of this illegal action.
“The Recover of Possession of Real Property Law (RPAPL) Section 853 states: If a person is put out of Real Property in a forcible or unlawful manner, or, after he has been put out, is held and kept out by force or by putting him in fear of personal violence or by unlawful means, he is entitled to recover triple damages in an action to the wrongdoer.
“Yorktown’s only legal process was to secure a court order delivered by a US Marshall to Recover Possession of this Property.
“Concerning the Yorktown Police Department’s participation is clearly problematic for Chief of Police Noble. I assume Chief Noble is aware that the police power originates primarily from State Law,
Yorktown Local Laws and Ordinances. The police department participated based on a Yorktown Resolution. A resolution is a formal expression of opinion, will or intent voted on by the Yorktown Town Board. Municipal resolutions are adopted in written form to document the opinion, will or intent of the Yorktown Town Board.
“Resolutions are not law or ordinances. Generally, Yorktown exercises police power by adopting laws and ordinances in order to: promote public welfare, provide for the safety and comfort of its inhabitants and declare and prevent nuisances.
“The Yorktown Police Department’s participation in the eviction by “resolution“ specifically, does not refer the right on the Yorktown Police to act in the manner they did on Dec. 1, 2022. The expectation of a Municipal Police Department is to uphold their pledge to uphold the law and not be a PRIVATE POLICE FORCE FOR SLATER.
“RC initiated an additional lawsuit based on Yorktown’s egregious behavior and Slater’s continuing efforts to replace RC with one of his cronies, without providing any compensation to RC for the magnificent Club House and the Superb Greens, Tee Boxes and Bunkers constructed with the best golf course material available.
“As Slater moves to Albany, he leaves the citizens of Yorktown holding the bag and monies due to RC.Who is advising Slater, the Town Board and Police Chief Noble on conducting an illegal forcible eviction of RC RECREATION DEVELOPMENT LLC?” writes Nussbaum.
