NEW ROCHELLE, NY — The attorney for the plaintiffs in a lawsuit over an old armory in New Rochelle have rejected a proposed settlement offered by a developer selected by the City to control future development of the site.
The lawsuit has been characterized as having been filed on behalf of veterans but attempts to unravel the precise nature of the identity of those plaintiffs has proven difficult.
On July 25, 2019, a lawsuit was filed against the City of New Rochelle, Twinings Properties, LLC and Letitia James as New York State Attorney General over the future of the New Rochelle Naval Armory.
The case has been marked by ambiguity since day one: who are the plaintiffs, and what exactly is the purpose of the lawsuit, both stated and unstated?
The Westchester County Veterans Service Agency estimates there are 56,000 veterans in Westchester County.
Only three veterans have ever signed on as plaintiffs in the case, including one who passed away soon after the case was filed and was then replaced by another veteran.
Westchester County Veterans Service Agency Director Ronald C. Tocci, who has played an active role in the case, has claimed that a dozen Veterans Service Organizations and committees were a party to the lawsuit. There is no evidence of this.
The American Legion Post in New Rochelle was initially added to the list of plaintiffs but quickly dropped out. One group, a Westchester County Veterans “Council”, does not appear to exist at all.
The original named plaintiffs in the 2019 case were “Robert Boddie, Sr, Westchester County American Legion” and “Robert McGuirl, Westchester County Veterans Council” and “American Legion Post #8” in New Rochelle.
American Legion Post #8 was added to the lawsuit without their approval, according to then-Post Commander Thomas O’Keefe. The complaint was amended to remove American Legion Post #8 as a plaintiff.
McGuirl, the only named plaintiff residing in New Rochelle, passed away on October 5, 2019. He was replaced by Dennis Starr, a New Rochelle resident and Vietnam Veteran but not associated with any Westchester County Veterans Committee or Westchester County Veterans Council.
There appears to be no such organization called the Westchester County Veterans Council.
Google search results display only two results: the lawsuit filed in the name of “Robert McGuirl Westchester County Veterans Council” and a Journal News article about the lawsuit filed by plaintiffs including “Robert McGuirl Westchester County Veterans Council”.
There is no “Westchester County Veterans Council” on the Westchester County website.
A Westchester County spokesperson said she was unaware of any Westchester County Veterans Council but was familiar with the Westchester County Veterans Committee which she described as an ad hoc group of veterans with no formal connection to the Westchester County government, although Ron Tocci is a member. She said the group meets monthly with Westchester County Executive George Latimer to discuss various issues of interest to veterans.
If there really is a Westchester County Veterans Council we could find no evidence of it to corroborate the claim that Robert McGuirl was part of or represented the Westchester County Veterans Council or that McGuirl was its Commander.
Veterans Service Agency Director Ron Tocci, claimed in a letter seen by Talk of the Sound, dated August 5, 2019, that nine Veterans Service Organizations who filed the lawsuit “with the American Legion” were AMVETS, Combat Infantryman’s Association. Disabled Veterans of America, Jewish War Veterans, Korean War Veterans, Marine Corps League, Military Order of the Purple Heart, Veterans of Foreign Wars, and Vietnam Veterans of America.
In our review of court records, Talk of the Sound could find no complaint or motion that stated that any VSOs other than the Westchester County American Legion (and Post #8 which was included without permission) were ever referenced as potential plaintiffs in the case or that any VSOs filed Amicus Briefs supporting the case.
Tocci told Talk of the Sound the name Westchester County Veterans Council and Westchester County Veterans Committee were used interchangeably and that group by either name voted to join the lawsuit as a lead plaintiff.
A review of minutes of the Westchester County Veterans Committee do not record any such vote. Requests to the group’s current Chairman for minutes documenting such a vote went unanswered.
A similar effort to obtain minutes or documentation of a recorded vote to join the lawsuit by the Westchester County American Legion was similarly unsuccessful.
If neither the Westchester County Veterans Committee nor the Westchester County American Legion acted formally to become plaintiffs in the case then Robert McGuirl and Robert Boddie, Sr, were acting as individuals in filing the lawsuit not under the color of any veterans groups, actual or otherwise. After his death, McGuirl was replaced by Dennis Starr, likewise a plaintiff in an individual capacity.
The lawsuit appears to be something other than what it has been represented to be: two veterans out of 56,000, only one of whom resides in New Rochelle.
We sent a series of questions to Michael Amodio, the attorney who filed the lawsuit, to clarify who precisely he claimed to represent.
He declined to answer our questions:
Mr. Amodio,
I am writing about the lawsuit (Index No. 61010/2019) you filed against the City of New Rochelle, et al., regarding the New Rochelle Naval Armory.
Are any of the following VSOs — at the national, County or local level — named plaintiffs in the lawsuit (Index No. 61010/2019)?
- American Legion
- AMVETS
- Combat Infantryman’s Association
- Disabled Veterans of America
- Jewish War Veterans
- Korean War Veterans
- Marine Corps League
- Military Order of the Purple Heart
- Veterans of Foreign Wars
- Vietnam Veterans of America
Did any of the following VSOs at the national, County or local level file an Amicus Brief supporting the lawsuit (Index No. 61010/2019)?
- American Legion
- AMVETS
- Combat Infantryman’s Association
- Disabled Veterans of America
- Jewish War Veterans
- Korean War Veterans
- Marine Corps League
- Military Order of the Purple Heart
- Veterans of Foreign Wars
- Vietnam Veterans of America
Are any of the following VSOs at the national, County or local level involved directly or indirectly in the lawsuit (Index No. 61010/2019) and, if so, how and on what basis?
- American Legion
- AMVETS
- Combat Infantryman’s Association
- Disabled Veterans of America
- Jewish War Veterans
- Korean War Veterans
- Marine Corps League
- Military Order of the Purple Heart
- Veterans of Foreign Wars
- Vietnam Veterans of America
At a pre-trial conference on July 14, 2020, the judge in the case asked if any progress had been made in resolving the matter since the first pre-trial conference on April 3, 2020.
Sitting in Amodio’s office, both Amodio and Tocci responded, on the record, by telling Judge Lawrence H. Ecker via a remote video call that Tocci had spoken with New Rochelle Mayor Noam Bramson. Tocci told Judge Ecker he asked “if (Bramson) wanted to engage in conversation to see if there was something that we could work out that would avoid further litigation”.
Bramson emphatically denied such a conversation took place.
“The Mayor states definitively that he has had no substantive conversations with Mr. Tocci during this time period or at any time since the lawsuit was initiated,” said a City Spokesperson.
Asked about this, Tocci said he encountered the Mayor at a Memorial Day event in front of New Rochelle City Hall in May 2020 and again at a restaurant in New Rochelle. Tocci said on both occasions he attempted to discuss settling the Armory lawsuit but was put off by the Mayor.
Reached for comment, the Mayor repeated his denial that he had any substantive conversations with Tocci. The City spokesperson went beyond our request for comment saying the same went for substantive conversations with Tocci including City Manager Charles B. Strome and Corporation Counsel Kathleen Gill.
To step back, the matter today known as “Starr, Dennis, et al. v. City of New Rochelle, et al.,” is a civil lawsuit filed in New York State Supreme Court over a dispute on the planned future development and use of the New Rochelle Naval Armory by Twining Properties,
Judge Lawrence H. Ecker initially presided over the case, but he retired in 2020 and was replaced by Judge Charles D. Wood.
At a pre-trial conference on April 3, 2020, Judge Ecker asked that the parties discuss a negotiated settlement and set a return date of July 14, 2020.
Present via an online video meeting on July 14, 2020 was Judge Ecker along with Irene Bindel, a court stenographer, Michael P. Amodio, plaintiff’s attorney, Mitchell Rutkin, attorney for defendant Twining Properties, Lalit Loomba, attorney for defendant City of New Rochelle, Rachel Zeffrann for the State Attorney General’s Office. Dennis Starr and Ron Tocci were in Amodio’s office and introduced to Judge Ecker by Amodio.
In the transcript of the pre-trial hearing on 7/14/20 before Judge Ecker, Amodio was asked by Judge Ecker whether he had contacted the City of New Rochelle to negotiate or mediate a resolution to the dispute in the case.
MR. AMODIO: …But as far as discussions with the City or any further communications, I have not heard anything from the City at all.
THE COURT: Did you attempt to initiate the conversation?
MR. AMODIO: Mr. Tocci did.
THE COURT: Okay.
MR. AMODIO: With the Mayor but
nothing took place.
Judge Ecker put Ron Tocci on the record and asked Mr. Tocci to elaborate after which Mr. Loomba, the attorney representing the City of New Rochelle responded.
THE COURT: Does Mr. Tocci want to go on the record and advise me of what occurred? Have him to come forward near the computer and let’s see what we have found out.
MR. TOCCI: I actually asked the Mayor if he wanted to engage in conversation to see if there was something that we could work out that would avoid further litigation and he said, well, I have to talk to my attorneys, and I never heard anything after that, Your Honor.
THE COURT: Mr. Loomba, are you familiar with such a conversation?
MR. LOOMBA: No, I am not. I am hearing about it the first time this morning, Your Honor.”
Amodio declined to comment on Bramson’s denial that any such conversation as characterized by Amodio or Tocci ever took place.
A bigger question is, if Tocci is not a plaintiff in the case, on what basis was he sitting in on a pre-trial conference and going on the record to offer testimony, or negotiating with City officials?
It has never been made clear whether Tocci is acting in his capacity as the Westchester County Veterans Service Agency Director or a private citizen. Tocci is also an ex-officio member of the Westchester County Veterans Committee, purportedly a group that voted to sue the City of New Rochelle, and a member of the New Rochelle Veterans Advisory Committee.
Amodio did not respond to questions about the existence of a “Westchester County Veterans Council”.
Neither Tocci nor Amodio were willing to explain how, if the Westchester County Veterans Committee (or Council) voted to be a plaintiff in the lawsuit, how the Westchester County Veterans Committee (or Council) came to be dropped out of the case following the death of Robert McGuirl. Dennis Starr, who replaced McGuirl, is not listed as a member of the Westchester County Veterans Committee (or Council).
While it remain unclear just who Amodio represents, what is clear is that on January 28, 2021, Amodio told Judge Wood in a letter seen by Talk of the Sound that his clients have “declined to execute the final version of the Stipulation of Settlement”. Amodio has requested a status conference.
On October 12, 2020, Tocci reported to the Westchester County Veterans Committee both that a court date was set and “May have to go to trial”. No court date has been set.
Tocci told the committee he “called state of NY – inquiring on how to activate the ‘reverter clause.” Court transcripts make clear the reverter clause is not an option New York State wishes to pursue.
Tocci told the Committee that the City of New Rochelle would not meet unless “lawyer and developer present”. It is difficult to make sense of this statement; the matter is pending litigation between two plaintiffs against three defendants (City of New Rochelle, NYSAG, Twinings) so of course the defendants would not want to meet to discuss the lawsuit without their attorneys present. It is again not clear why Tocci is talking about meeting or not meeting with defendants regarding a case to which he is not party.
Tocci told the Westchester County Veterans Committee of a “possible compromise”.
1200 square feet to rent for Veterans
6000 sq. ft. and 100 parking sports for Veterans purposes
Talk of the Sound has obtained a far broader list of concessions offered by Pratt Landing Partners / Twining Company:
• Preserve and restore the entire Armory building, including the adjacent Annex building (also called the administrative building)
• Lease between 2,000 and 4,000 sf of space within the Armory Annex to a Veterans Service Organization (VSO), which space shall be selected at that organization’s choosing.
• Provide parking spaces for the VSO(s) per New Rochelle code (one space per 250 sf or about 18 spaces)
• Provide at least 3.5 acres of publicly accessible open space across the Pratt Landing development.
The stated primary purpose of the lawsuit at the time it was filed was to save the armory from being knocked down by Twinings or the City of New Rochelle.
Twinings has publicly committed to preserving the Armory and offered to memorialize that in a Stipulation Agreement in the New York State Supreme Court. The proposed agreement provides acres of parkland, parking, space for veterans to use and even sublet.
The company has already completed more than $1.2 million in repairs to the drill deck roof, a major complaint raised by “save our armory” proponents for more than a decade.
Not only does it remain unclear who Amodio actually represents but what exactly those he claims to represent, seen and unseen, actually want out of their lawsuit.
Why don’t you take another nip off that bottle of yours and we will leave it at that.
I have no idea why the Commander of American Legion Post #8 believes this sort of childish behavior enhances the reputation and standing of the Post he leads but I guess you have your reasons.
Since you brought it up, how much money was stolen from the American Legion and what has been done to recoup that money?
I was under the impression we had the ability to join in the lawsuit..If I am wrong and I can be at times I will seek out the information better..Why don’t you come to one of our meetings? What is your motivation here? Are you trying to help? Or is there something else? I haven’t made numerous claims they have been the same 3 claims and stick by them. What I am gathering here is that you are not trying to support any Veteran Causes but rather trying to sensationalize things. So with that unless you want to ask to attend a meeting and ask all the Board Members directly, I think that I am going to leave it at this with you. Otherwise it just sounds like a poor attempt at sensationalism like The National Enquirer but on a very small scale.
My job is not to “support” Veterans Causes (although I have done more that most New Rochelle residents on the front). My job is to gather news and information and share that with the public.
It is certainly news that after about two years of haggling an agreement was reached among the parties but at the 11th hour Michael Amodio tells the court his clients are refusing to sign the stipulation agreement he negotiated.
That raises the question as to who exactly are these plaintiffs. There is a great deal of ambiguity about that even to the point that you thought the organization you lead was a plaintiff when it was not.
I fail to see how it advances your cause to restore the financial integrity of Post #8 to hurl allegations and insults especially as it involves a lawsuit to which you are not a party.
Well Post 8 Submitted Money in the effort for this so, one way or the other Members of Post 8 agreed to it regardless. So I was under the impression The Post was..if that was due to the Former Commander then it will be rectified since the Former Commander was really not interested in the well being of Post 8 but for Himself.
You are simply adding to the ambiguity over who Amodio represents.
The plaintiffs in the case are Dennis Starr and Robert Boddie (supposedly on behalf of the Westchester County American Legion, which I doubt).
Post #8 is not a party to the lawsuit. I am not even clear an American Legion Post can be a party to a lawsuit like this and I would be curious what the New York and National offices would have to say about it.
I trust it is clear that Post #8 is not a plaintiff. If not, look up the case on eCourts (Index No 61010/2019 in Westchester Supreme Court).
That said, as Commander, it surprises me to hear that you have been operating under the impression that Post #8 is a Plaintiff when it is not.
As Post #8 is not a Plaintiff, I would be curious as to the grounds for authorizing the use of American Legion funds to pay the legal expenses for a PERSONAL lawsuit filed by Dennis Starr and Robert Boddie.
You have made numerous claims that your predecessor was engaged in financial improprieties. How is your redirecting funds meant to support the American Legion to pay the attorney for a personal lawsuit filed by Starr and Boddie any different?
Yes we took a formal Vote and Signed on as Plaintiffs to the Lawsuit..I hope that Helps.
Post #8 is NOT a plaintiff in the lawsuit.
If everyone is going to nitpick about any Public Servant using a Position..we can certainly point to many others who have been taken advantage of their positions to steer things. For example there is the Mayor of New Rochelle and certain handpicked individuals who took it upon themselves to get in front of the line to be vaccinated…but that’s another issue and or example. I don’t think this is something new. Can we ask how much the Developer is investing in any Political Campaigns or Offices in town to Steer Policy and Effort?
Pursue..be a Party to..Plaintiff, however stated, it was voted Unanimously by the Board with the exception of O’Keefe the Former Commander to authorize some Funds from our operational account to the Lawyer on the case.
“However stated”?
It is not semantics.
Becoming a Plaintiff in a lawsuit is a formal matter before a Court; it has absolutely nothing to do with donating some money to a lawyer.
It is a real simple question: did Post #8 vote, per its bye-laws, to be a plaintiff in the Armory lawsuit.
The answer appears to be NO based on the fact that Post #8 is not a plaintiff in the lawsuit.
Just for the Record, about a Year or so ago, There was a Vote via the Executive Board to pursue the Lawsuit. It was passed with the Majority of the Board with only Thomas O’Keefe Abstaining. There was a total of 14 people of the Board that showed at the meeting.
Pursue? No idea what “pursue” a lawsuit means.
Do you mean voted to be a PLAINTIFF in the lawsuit?
It would appear that the article highlights that a public servant is using his position to steer policy and effort toward the Armory as a legitimate issue facing the veteran community. A slippery slope, especially when that public servant had previously been part of a bid for this very property.
I have intimate knowledge from reading the court documents as to what the plaintiffs are asking for and it would seem that the big issues were addressed by the developer at least so why not sign off? Is there something that we are missing… something unsaid? Is the lawsuit designed to overturn a bid process?
As far as the Armory as a building, yes Pete you are 100% right that the building was not cared for and it was in pretty terrible disrepair and the grounds are pretty overgrown. However, it seems that the two million dollars or so that the developer and the state have put into the building to stabilize it shows that there is progress. The proof is going to be in what happens next.
It’s fair to say that anything that has been given to the City of New Rochelle has been allowed to crumble, fall into disrepair or is conveniently destroyed by fire. The Armory, Ward Acres and Wildcliff Mansion. Coming originally from Sacramento California, I saw many Historical Buildings fall under the wrecking ball, or destroyed by a “Mysterious Fire”. There was a Local Developer who was always in the Mayor’s Office, his Daughter is now the Lt. Governor of California. A Large Portion of Old Sacramento from the Gold Rush Days was leveled for a Freeway Interchange as Macy’s Department Store said they would not open a Downtown Location without that exit. The Alhambra Theater, a Moorish Style Grand Movie Palace was torn down for a Super Market. A Block of the few Victorian Houses dating back to the early 1860’s were slated for demolition, after much heated debate from the neighborhood, and a lawsuit, the People won against the Developers who wanted to build a hotel. About 4 days later all burned down in the middle of the night, and the hotel coincidentally was built. Also Highway 80 was built through a section of East Sacramento where I spent the majority of my life before, and many historical Mansions and other building were destroyed to make that happen. The same has been happening in this town I have called home for the past 6 years. What did all this I wrote lead up to? How many Historical Buildings remain in town? What made New Rochelle what it is and why is it starting to look like White Plains? Where are all these people supposed to put their kids in school? When can we expect more school bonds and tax assessments while these developers pay nothing? What was the original intent and purpose of The Armory? Why was it allowed to crumble and fall into disrepair and why is it of such interest to Developers? I will go on record and say right here, right now that the Former Commander Of American Legion Post 8 Tom O’Keefe after many years of being in his position, was not interested in anything except what he could get out of The Legion to benefit himself, or in a capacity where he would get something. I have through the last 4 months beat myself up silly working hours and days to repair the building, at times out of my own pocket, seeking donations and getting them and working with Jim Kiloran of The Fuller Foundation to make Post 8 a more welcoming, repaired and cleaner venue for this City. You can ask anyone about me and what I am doing. I have nothing to hide or any secret agenda. There are Members of Post 8 and The VFW who would like to see Veterans Issues and Causes Handled BETTER than they have been at times. I am not a Politician or Running for anything, and I sure as Hell am not beholden to anyone and will not kiss anyone’s ring or butt, much less sell out any Members or the Organizations I belong to. It would be nice to see some Transparency and Honesty in regards to many things that should be done. I sometimes have to question the motives of certain people and publications to ask what really is in it for all of you? Do people really care? Or is it all going to be Political and Sensationalism? It’s like going to a Kabuki Theater and asking for what the Plan is, and getting the reaction of the Aragato Character that performs with his exaggerated histrionics. What say all of you then?
Peter Poulos Commander American Legion Post 8 New Rochelle
“ I sometimes have to question the motives of certain people and publications to ask what really is in it for all of you? Do people really care? Or is it all going to be Political and Sensationalism?”
I am certainly not going to defend how the City maintains its property but to portray the Wildcliff fire as a deliberate attempt by the City, in a cahoots with developers, to destroy the building through a criminal act (arson) is plain dumb.
To question my motives is just more flailing about on your part.
I have not written ANY articles that make reference to ANY financial improprieties involving Post #8. You seem to make a habit of it. I cannot say it instills confidence to learn of what sound like allegations that money was being stolen.
As I have not written any articles critical of Post #8 or you (I do not know you at all), I am confused as to what you are on about.
Why is that you read articles that are not about you as an attack on you?
I suggest you take a deep breath.