RC Development-“Yorktown is Behaving Totally Irresponsibly. Tom Diana Doesn’t Get it.”
By Dan Murphy
As former Yorktown Supervisor Matt Slater was sworn into his new position as Assemblyman for the -94th District on Jan. 4, the legal dispute over the Par 3 Golf Course that was under renovation by Development until Slater shut it down before leaving for Albany, continues.
The new Yorktown Supervisor is Tom Diana, but according to RC Development President Larry Nussbaum, “Tom Diana doesn’t get it, and Yorktown is behaving totally irresponsibly.”
Federal Judge Vincent Briccetti ruled on Jan. 3, 100% in RC’s favor, moving the entire case filed July 20 in NYS Court now back in its entirety in NYS Supreme Court, but with additional claims stemming from the removal of RC and Nussbaum from the golf course and additional claims and accusations that the Town of Yorktown purposely delayed the completion and eventually opening of the golf course for Yorktown residents and golfers everywhere to enjoy.
The suit claims that many of the “claims of purposeful delays for RC’s professional contractors,” came from the Yorktown Building Department, and Building Commissioner John Landi, at the order of then Supervisor Matt Slater.
The complaint filed in July of last year against The Town of Yorktown, Slater, Landi and Town councilman Sergio Esposito, states that Slater and the Town Board, “engaged in a coordinated and unjustified effort to derail the golf course development project with the intention of handing it over to one of his political cronies to burnish his own political standing.”
One meeting of interest to the court will be a Town Board meeting on July 5, 2022, when according to the lawsuit, “Slater set forth a series of unfounded complaints about the golf course development project, mostly centered on the length of time he perceived the development to be taking, several times stating his view that it “had gone on too long” and expressing similar statements.
Earlier this month, the Town released a statement claiming that “the court had rejected RC’s claims,” and “We look forward to the federal court rejecting the rest of RC’s claims.” Nussbaum and his attorney William Hurst called the statement “incomplete and misleading.”
The Judge’s Order Reads: The order from Judge Briccetti reads, ORDER TO REMAND: Accordingly, it is HEREBY ORDERED: 1. The Seventh through Tenth Causes of Action are DISMISSED WITHOUT PREJUDICE. 2. Pursuant to 28 U.S.C. § 1367(c)(3), since all claims over which it had original jurisdiction have been dismissed, the Court declines to exercise supplemental jurisdiction over the remaining claims in this case, all of which are claims brought pursuant to state law. As a result, the case must be remanded to state court. 3. The pending motion to dismiss (Doc. #13) is DENIED WITHOUT PREJUDICE. 4. The case management conference scheduled for February 2, 2023, is CANCELLED. 5. The Clerk is instructed to terminate the motion. (Doc. #13). 6. The Clerk is further instructed to remand this case to Supreme Court, Westchester County. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/9/2023) (mml) Transmission to Docket Assistant Clerk for processing.
“Tom Diana doesn’t get it, and this is the second time Tom Diana doesn’t get it. The first time was when Diana claimed that he never met me in May 2022, when he was present representing the town board on that Sunday morning in May 2022 meeting, where Diana approved the 2nd Amendment. Diana needs to be reminded that Negotiations are between corporations, not individuals.”
“Based on the RC legal positions of not breaching the concession agreements, affidavits of RC’s contractors claim purposeful delays by the Yorktown Building department, the Questioning SWIS’ rescinding of an electric approval certificate which the RC electric contractor’s affidavit claims was outright incorrectly rescinded without an a reinspection, Slater/Yorktown trying to steal without compensation after the multi-million dollar investment RC made in this Public Private Partnership and attempting to replace RC at a time that the Yorktown concession agreement was fully in force, THERE IS A GOOD CHANCE THAT THIS 3 PAR GOLF COURSE NEVER OPENS. The taxpayers of Yorktown should say, Thank you Matthew Slater,” said Nussbaum.
In November, the Town Board voted to revoke the contract with RC. Subsequently, Nussbaum and other RC employees were removed from the property without a court order. Since then, the property has been padlocked, and the greens have NOT been winterized, putting in jeopardy the work that the RC staff has made. It is also unknown, who if anyone, in the Town is responsible for the maintaining the property until the suit is resolved.
In an email dated Nov. 15 to Yorktown Parks Superintendent James Martorano, Nussbaum and his attorney write, “This email confirms our earlier conversation today, that should the Yorktown Town Board makes the decision today, please provide the following information-1-who will winterize the golf course -2-who will winterize the club house -3-how will you provide security for the building, golf course and garage?
“RC will add the illegal termination to our lawsuit against Yorktown and the 3 town officially individually. Yorktown has the responsibility to mitigate any damages to the property and the security of all the materials and equipment for the golf course and clubhouse. Please be aware of these responsibilities,” writes Nussbaum.
One of RC’s vendors, PCD Associates and design engineer Steven Costa, wrote to Landi on Jan. 5 asking that they be removed from the project, “Dear Mr. Landi, It has come to our attention that RC Recreation, LLC has been removed from the project @ 795 route 6, Yorktown Heights, N.Y., known as Valley Fields Golf Course. We are the design professionals of record for the club house building and bridges. Since we were retained by RC Recreation, and they are no longer the entity involved in completing our parts of the project, we respectfully ask to be removed, immediately as the design professional of record for any building items moving forward,” writes Steven A Costa, consulting engineer.
Nussbaum says because “the architectural firm that has the approval for RC with the Yorktown Building Department has withdrawn his official stamped approval of the Club House Design, building plans and execution of the plans, either the replacement vendor or Yorktown now need to get a set of plans paid for and approved. This project is now moving backwards and that is why I believe there is a good chance this Par 3 Golf Course never opens.”
