Vote Today March 19 at Scarsdale Public Library
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- Written by Joanne Wallenstein
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(This letter was submitted by Joe Zakierski, Scarsdale Citizens Non-Partisan Party’s Campaign Committee Chair)
When I volunteered to assume the responsibility of chairing the Scarsdale Citizens Non-Partisan Party’s Campaign Committee on behalf of the Citizens Nominating Committee of Scarsdale (CNC), I did so with conviction, driven by several compelling reasons. Foremost among these was my unwavering confidence in the candidates meticulously selected by the committee. As many residents are aware, the CNC dedicates countless hours to meeting with and vetting numerous candidates each year to curate the slate of trustees, a responsibility that extends to the Village Justice position this year. Guided by rigorous discourse and a thorough selection process aimed at identifying the most suitable candidates, I left our final meeting brimming with excitement and hope for our town's continued stewardship over the next two years under the leadership of Jeremy Gans, Ken Mazer, Jeremy “Jerry” Wise, and Michael Curti.
Since January, bolstered by the support and assistance of numerous members of our community, we embarked on a journey to delve deeper into the individuals vying for these positions. I discovered that this slate of candidates embodies not only capability, drive, and exceptional qualifications but also warmth, gratitude, and compassion. Each candidate harbors a profound love for our town and an unequivocal commitment to excel in their roles. They shoulder a sense of responsibility toward their children, grandchildren, and fellow Scarsdalians, propelling them to make prudent, albeit arduous, decisions to push our community forward.
Becoming Village Trustee or Justice is not a popularity contest or a lifetime achievement award.
These candidates are equipped to confront the challenges ahead because of their extensive experience in relevant fields or direct service to our community and beyond. They also happen to be very well liked by many people from all walks of life, so maybe they could win a popularity contest or two!
Jeremy Gans, Ken Mazer, Jeremy “Jerry” Wise, and Michael Curti epitomize the qualities we should all seek in local leaders—they confront the demands of navigating varied personalities and perspectives with courage and integrity, all with the common goal of securing our collective future.
They have the full support of our committee, and I look forward to them having your support as well on March 19 from 6:00 AM – 9:00 PM in the Scott Room at the Scarsdale Library.
-Joe Zakierski, Scarsdale Citizens Non-Partisan Party’s Campaign Committee Chair
Meet the Village Justice and learn why he is sometimes called to court in the middle of the night
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- Written by Joanne Wallenstein
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Village Justice Michael Curti along with candidates for Village Trustee Jeremy Wise, Ken Mazer and Jeremy Gans are on the ballot for election on Tuesday March 19, 2024Scarsdale's Village Justice Michael Curti is on the ballot for election on Tuesday March 19, 2024. Find out more about him below and remember to vote for Curti and the candidates for Village Trustees on Tuesday March 19 at Scarsdale Library from 6 am to 9 pm.
Tell us how you came to serve as Scarsdale’s Village Justice and why you would like to continue to serve?
In early 2022, after Justice Alemany announced his retirement, I saw a notice advertising for the position of Associate Village Justice. I had applied previously for the position and had been interviewed by the Judicial Qualifications Advisory Committee but never expected to be selected since we had two terrific judges in Justice Alemany and Justice Dunne. With Justice Dunne’s appointment to Village Justice, there was a vacancy in the Associate Village Justice position. Thereafter, I was interviewed by Mayor Veron and the then Board of Trustees and subsequently appointed as Associate Village Justice. In 2023, I was reappointed as Associate Village Justice by Mayor Arest and the current Board of Trustees. With Justice Dunne’s retirement in late 2023, I was appointed to serve the remainder of her term.
There are three reasons why I am standing for election to serve a full term as Village Justice. First, I am very passionate about public service. I have spent most of my career in local government and always achieved the most personal and professional satisfaction in the daily problem solving and solution building that comes with the territory of working in the public sector. Second and equally important is the people at the Court. Scarsdale is fortunate to have an exceptional team in our clerks, stenographer and court officers and I’m privileged to be their colleague. I have practiced in a lot of local courts in this county and I can say, without reservation, that we have the best Court staff. They work tirelessly and have a commitment to their craft that is inspiring. We are always working on improving our court processes to stay on top of the latest trends in the law. Apart from spending time with my family, going to Court is the highlight of my week. Lastly, I enjoy the subject matter that the Court handles. My law practice is primarily municipal law and I’ve lectured at Pace Law School and around our state on topics that routinely come up when I sit. Until I became a judge, my time in the state court system as a law clerk was the most intellectually fulfilling of my career. Once again, I get to think, research, and write about the law. I find that to be professionally rewarding.
What did you do earlier in your career?
I went to law school right after college. Following law school, I worked in corporate law for a time but really wanted to be in the courtroom. I was fortunate to be appointed a Westchester County assistant district attorney. I spent most of my tenure handling cases in the various local and city courts in Westchester County, which was great training for what I do today. In fact, many of the lawyers who appear before me are former colleagues or adversaries. From the District Attorney’s Office, I served as a law clerk in New York State Supreme Court. Thereafter, I was appointed first as Deputy Corporation Counsel of the City of Yonkers and a few months later, Corporation Counsel. I’m the second former Corporation Counsel to serve as Scarsdale Village Justice in the last 40 years (Justice J. Radley Herold was the first). Among my duties as Corporation Counsel was overseeing many of the types of matters that come before our Court.
Is the position a full-time post? Can the Village Justice also engage in other professional activities?
The position is part-time. I sit on Wednesdays all day. The criminal calendar begins at 9:30 a.m. At 11:00 a.m., I hear landlord/tenant matters or matters pertaining to village code violations. At 1:00 p.m., we have the traffic calendar. At the conclusion of the traffic calendar, we have trials or hearings. Small claims are heard once a month on a Thursday. Occasionally, we schedule additional days for traffic and civil court as needed. My administrative duties are handled throughout the week in the morning or evening hours.
Local magistrates, like a Village Justice, are permitted to practice law since the position is not full time. I’m presently a partner in a law firm.
Have you been called in to court in the middle of night? Does this happen often and why is it necessary to bring suspects to court after hours?
Yes, including weekends and holidays. The frequency is not consistent. For example, I recall handling two arraignments on Veteran’s Day followed by no calls for a week or so. In addition to Scarsdale cases, I also serve as an “accessible magistrate” for the Youth Part of the County Court. Two weeks out of the year, I perform arraignments for that part when that Court is not in session.
One of the cornerstones of our justice system is the right to due process. Due process is the steps the government must take before depriving one of their fundamental rights, like the right to liberty. When someone is accused of a crime, it is important that they be brought before a magistrate (e.g. the Village Justice) as promptly as possible so they can be told the charges against them and what their rights are, like the right to have an attorney appointed for them if they don’t have the resources to hire one. The Village Justice must also decide whether that person should be released from custody on their own recognizance or whether a reasonable bail or remand is necessary.
Some cases take more than a year to be heard in Court. Can you explain why the long delay?
This is a great question. We hear almost 5,000 cases a year in our Court. Most cases that started in 2023 were closed in that same year. However, there are cases which take a little longer and there’s a few reasons for that. Some cases are complicated, involving novel legal issues which lend themselves to more intense discovery, motion practice and hearings. Some defendants have cases in other courts and there’s a desire to have a global disposition which addresses those other matters. That takes coordination and time. In the criminal part, a lot of what we do is pleas and sentences. I gave a lecture on this topic in Syracuse this past fall to the New York State Magistrates Association. In our state court system, unlike the federal courts, the judge, defense counsel, and the prosecutor are all active participants in the plea-bargaining process. Sometimes one of the parties won’t agree to proceed with a plea until a sentence condition, like a community service obligation or substance abuse treatment program, is near completion. That may, for good reason, delay the final resolution of the case.
I heard there was a jury trial in Scarsdale last year. How often do these occur and why was this one held in Village Hall?
There was a jury trial in the Fall of 2022. They are rare occurrences but do happen from time to time. Non-jury trials in the small claims and landlord/tenant parts, and hearings in the criminal part, are far more common. All our court proceedings are conducted in Rutherford Hall.
Why do you enjoy living in Scarsdale?
My wife had fond memories growing up and living in the Village and always wanted our children to share in that experience. I grew up in Westchester County and knew that this was an extraordinary place to live. It has not disappointed. The commitment to volunteerism and the public good shared by our friends and neighbors is inspirational. This community is filled with warm, decent, and generous people and we count ourselves truly blessed to live here.
Scarsdale Treasurer Answers Questions About the Tax Billing Process
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- Written by Joanne Wallenstein
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In the wake of the mystery of the missing school tax bills in September, 2023, we asked Scarsdale Village Treasurer Ann Scaglione some questions about the preparation and mailing of tax bills and here is what she shared:
-Please forward me photo of the mailing receipt for the bills:
Attached please find the postal receipt of the 2023 School Tax Bills. Please note, the number of pieces indicated by the Post Office agrees with the bills produced by the Treasurer’s Department.
-Do you have any samples of the bills in the window envelopes? I know from my many years of experience in direct mail marketing that sometimes the address portion slips or is not folded correctly and the address does not show through the window of the envelope causing the mail to be undeliverable.
For each collection that we prepare bills, we work with our software provider to ensure that the format is correct, which includes the standard folding that will align with our window envelopes.
-What is the Village’s procedure when undeliverable bills are returned to the Village? Are residents called? Are the bills re-mailed?
My department reviews mail returned. If the address is incorrect or outdated, we will update our system and send out the mail in a new envelope.
-For those who escrow their taxes, are the same bills sent to the banks in the same format or is this done electronically? Did we have any incidence of banks failing to receiving the paper bills?
We receive data files from the tax service organizations before each tax billing and upload this information into our database before the bills are prepared. This is listing identifies the parcel and the bank code assigned. Electronic billing files of the escrowed accounts are submitted to the tax service organizations, so they know the amount of taxes due on each parcel. We then receive bulk payments, typically on the last day of the collection, for these payments that we apply in our system.
-Has the Village given any thought to marking the outside of the envelopes, “Tax Bill Inside” so that people don’t mistake the envelopes for other communications?
This is not something that we have done here – great idea to consider! Thank you.
In Support of Curti for Village Justice and Mazer for Village Trustee
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- Written by Joanne Wallenstein
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(This letter was written by Tim Foley)
Dear Editor,
I have been privileged to get to know Michael Curti, the candidate for Village Justice running on the non-partisan slate this year, in two very different contexts.
When I first met him, I merely knew him as my new across-the-street neighbor. Over the years, it's been a delight to get to know him, his wife Gina, and his kids and watch them become a fixture of the neighborhood, particularly around holidays and the "town square" that is the morning school bus stop. I've experienced again and again what a fundamentally decent and generous person he is, and how supportive and even keeled his temperament has been in all my interactions with him.
Gradually I became more and more aware of his stature within the Westchester County legal realm, as our professional circles began overlapping more and more. I soon learned that everyone who I know who has encountered Michael, be it when he was Corporation Counsel for the City of Yonkers, or when he was a Westchester County Assistant District Attorney, or from a particular matter that appeared before one of the local Industrial Development Agencies, shared that he was the same person professionally as he was personally -- thorough, detail-oriented, and a first class legal mind combined with the same even-keeled temperament and quiet decency.
For Scarsdale, the proof is in the pudding. He has served admirably as Acting Village Justice. His career has been clearly focused on public service and the public good. With Michael Curti, what you see is what you get, and what everyone has seen is exactly the qualities we'd wish to have in a Village Justice. I encourage all of my neighbors to vote for him on March 19!
Tim Foley
73 Brown
(This letter was submitted by Michael Suzman)
Dear Scarsdale 10583,
I read the recent interview with Village Trustee Ken Mazer and was inspired by the dedication to service Ken and all our Village Trustees bring to our exceptional community. The countless hours our Trustees volunteer on our behalf are a model for governance, especially in a time where many of our national leaders seem unable to work with their colleagues in an effective manner.
Ken Mazer is a long-time friend and Scarsdale neighbor, and I am proud to support him for another term as a Trustee. His thoughtful approach to many issues, from housing development to water management to recreation opportunities, balances the needs of our community in a fiscally prudent manner.
We are fortunate to have leaders in our town like Ken who keep our Village one of the most desirable places to live in the country. I will be proud to vote in our upcoming election.
Michael Suzman MD
Fox Meadow Resident
Residents Assessed Penalties for Late School Tax Payments
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(Updated February 18, 2024) Scarsdale is known for its high real estate taxes, but a suspected glitch in the tax notification process has caused some residents' tax bills to climb even higher. We got distressed calls from residents who only recently found out that they missed their first school tax payment – due by September 30, 2023 -- and the second, due on January 31, 2024 and were assessed high penalties. Some said they have lived here for years and never missed a payment, but this year they claim they never received a bill.
In fact, the Village Treasurer reported that the collection of the school portion of Village taxes is alarmingly slow this year. $13.6 million in school taxes that were due by January 31, 2024 remain uncollected. Since there are stiff penalties for late tax payments and the schools need this revenue to operate, this is a cause for concern among residents and the Village.
At the February 13, 2024 meeting of the Village Board, Village Treasurer Ann Scaglione said that only 91.24% of the school tax levy had been collected as of January 31, 2024, the lowest rate in the Village’s history. She said, “Our office has been focused on this for the last few weeks.”
In 2020 the Village moved to a two-part tax payment option. For school taxes, which are the largest portion of the tax bill, the Village mails one bill with two payment coupons the first due on September 30 and the second on January 31. For those who opt to pay in installments it is up to the resident to remember to pay the second installment by January 31. A second bill is not mailed. The same is done for Village taxes which are due on August 1 and December 31.
Scaglione said that in 2020, the first year the Village moved to the two-part installment option, 885 parcels were delinquent on their school taxes. Yet only 39 of those missed their first installment, with the balance, or 816 homeowners missing the second installment. This may indicate that everyone received their bill, but some forgot to pay the second installment.
However, this year Scaglione reported that 216 missed both the first and the second installments and 284 missed only the second installment.
Why did they fail to pay? People who are calling the Treasurer or coming to Village Hall say they forgot or they never received the original bill. Commenting online, residents blamed the Village, first for the failure of the mail and email notifications and second for not alerting them earlier that their first payments had not been received.
Residents who have been assessed thousands of dollars in penalties contend that something went wrong. In online comments they say that they never received their school tax bills in the mail in September (or to date) or email reminders and therefore they did not make a first payment. They only learned they were delinquent in January, some too late to avoid penalties on both payments. Penalties range from 2% to up to 12% for payments made after January 31, 2024.
Scaglione maintains that the office sent out paper bills and email notifications to all residents. She said her office has found that “it is not just one segment of people” who failed to be noticed. Her office is showing proof that the bills were mailed as well as providing the dates email notifications were sent to those who opted in for email reminders.
At the Village Board meeting Mayor Justin Arest made it clear that the Village does not want to collect penalties. He said, “We don’t want to collect this money – we don’t want our residents to pay penalties. That’s why we’re happy the Treasurer is sending out additional delinquent notices and hope that will bring in the revenues.” However, he said that the Village Treasurer’s office cannot waive the fees.
New York State law requires residents to pay their taxes, whether or not they are notified. It is the responsibility of the taxpayer to pay taxes on property they own. Even if the owner does not receive a tax bill, it is the owner’s obligation to secure a tax bill and make payment. The taxpayer, therefore, is liable for all penalties and interest on late payments.
Regardless of who is at fault, delinquent residents may still be liable for the penalties on their late school tax payments.
This is not the first time there was an issue with the tax installment payment plan. In 2020, there was an error in the printing process and though the coupons showed the correct amount to pay, the printed receipt showing assessed value and total tax information were not accurate. The Village did not send out new bills as the payment coupons were correct.
On Sunday night February 18, 2024, Mayor Justin Arest sent the following letter to those who had written to him about the tax issue:
Thank you for your email. I have heard from several residents with similar concerns. The Manager’s Office and I have started our own investigation (with the assistance of the Treasurer) into the matter. This will continue over the next week, and I hope to have more to share with the community soon. We are aware that many residents have stated that they never received their tax bills in the mail. We have been in communication with the USPS and have reached out to the regional post master. We have also spoken to our state elected representatives to see if there is any support they can provide. I am sensitive to the stress this is causing our residents, and we are doing everything we can to try to understand what took place and if there are any options moving forward. I am sorry I don’t have any more information at this time. It is my hope that more details will be forthcoming.
I expect to update the community at our next board meeting as well as via written communication.
Thank you for your email and for your patience as we examine what transpired.
Best,
Justin
Justin Arest
Mayor
