The Sea Cliff Village Board met Monday, May 1, on the lower level of Village Hall as the North Shore Environmental Alliance met on the second floor. Mayor Claudia Moyne began the meeting by reading from a prepared statement regarding the failed lawsuit against the Glen Cove ferry.

According to Sea Cliff Mayor Claudia Moyne, the only options available to the village are to appeal or not appeal the Nassau County Supreme Court's dismissal of the lawsuit filed by the North Shore Environmental Alliance and the village. Citing a concern over possible "adverse or detrimental consequences over the summer when the use of the harbor significantly increases, and the ferry use potentially increases," Mayor Moyne said that a decision had been made to file a Notice of Appeal in order to preserve the village's rights "to correct any safety or environmental problems which become obvious during the summer."

According to a local attorney with substantial experience in appellate practice, "Mayor Moyne's statement that the village needs to preserve its right to appeal in order to correct problems that may become obvious during the summer has no legal support. The broad and general rule is that an appellate court will not review on appeal any points not raised in the court below," he said. "What that means is that since the occurrence of any events this coming summer could not have been before the Supreme Court when it rendered its decision in April, they can't be the subject of the appeal."

"Basically, the only exception to the rule that an appellate court will not consider matters outside the record is where the particular matter involves something undeniable and would not generate factual issues needing trial-level resolution. If the Village of Sea Cliff decides this summer that the ferry has become a problem, whatever the reason, it cannot become part of the appeal from the original case because whether or not it is in fact a problem becomes a factual issue requiring trial. Perhaps Mayor Moyne is just confused about the nature of an appeal and what it can encompass," he concluded.

While giving his report during the meeting, trustee Phil Como said he, former trustee Vito Capuco and village administrator Tom Bellingham had met with officers in the Nassau County Sixth Precinct. They discovered that in four and one half months, 147 summonses had been issued in Sea Cliff for illegal parking, particularly overnight. Trustee Como said a village code enforcer will be on patrol from 4:30 a.m. to 5:45 a.m. and his instructions are to write tickets for parking violations. Trustee Como, the board's liaison to the building department, will be working with the department to combat illegal housing situations which he said are very likely contributing to the illegal parking situation. Trustee Como said he is interested in hearing from fellow Sea Cliff residents regarding any suggestions they might have on these two pressing problems.

Continuing with his report, Trustee Como, (later echoed by Joseph Mazzeo of Bart's Barber Shop), commended the Sea Cliff volunteer firefighters for their quick and expert response to a call on April 21. It was because of their efforts that a potentially fatal situation was averted on Sea Cliff Avenue, at the Packard building. A gas main and water line were broken when the main floor fell ten feet into the basement of the building during a heavy rainstorm. The Sea Cliff firefighters were on the scene within seconds and had secured the area ensuring maximum safety for all residents.

Bob Haim, the father of the 23-year-old second year law student who unsuccessfully took the recent Sea Cliff election to court, wanted to set the record straight regarding the recently mailed supplement to the Village Bulletin. Mr. Haim said Mayor Moyne had misrepresented the judge's comments in her statements made in the supplement. "The judge said the allegations were proven true and correct, they were not inappropriate and incorrect as you state, Mayor Moyne. The judge said while true, the allegations were not enough to overturn the election and not enough people came forward. The judge never said the suit was without merit. Dan did not want Mr. Reynolds on board in his lawsuit. And while you say [in the supplement] you always listen to anyone with concerns, we called Village Hall for three days after the election and you never called back. That's one of the reasons we went ahead and filed suit," said Mr. Haim. Mr. Haim also expressed gratitude at the compliments offered to the fire department since his son was one of the first on the scene.

Mayor Moyne said she differed with Mr. Haim's opinion and that she used the judge's decision for the information in the supplement. "The statement about calling me is incorrect. I can check that out. I did not receive any calls. I can subpoena the records or whatever you want."

John Ryan said any money used to file a Notice of Appeal should be used by trustee Como in the battle against illegal parking and illegal housing. Mr. Ryan asked if anyone had attended the Alliance fund raiser last weekend and if any politicians, like Senator Marcellino, Assemblyman Sidikman or Legislator Muellers had come to town for the event. Mayor Moyne said many people attended, but no politicians. To which Mr. Ryan responded, "Interesting. When the politicians come to Glen Cove they come bringing plenty of money for the waterfront, but no money for the Alliance."

Dr. Gorski asked the mayor why the village had waited for the statute of limitations to run out before filing the lawsuit against the Glen Cove ferry. Mayor Moyne said in her opinion the time had not run out. In continuing their animated conversation about how many tax dollars are/were/will be involved in the ferry suit, Dr. Gorski said he wasn't getting any straight answers and it was as if he were speaking to Richard Nixon. Trustee Como said the village doesn't contemplate spending any more money right now.

Ms. Martone complimented the mayor and board for their decision to file a notice of appeal thereby keeping options open and protecting the residents.

Mr. Foote asked Mayor Moyne if she had pursued meeting with Glen Cove Mayor Thomas Suozzi and if the village had created a database of information to be used in the appeal process. Mr. Foote said it would have been wise to have an independent environmental firm generate that data base.

Mayor Moyne said she had made Mayor Suozzi an offer originally to talk about alternatives for what she called a financially negative thing for Glen Cove. "The basic openness and trust doesn't exist with Glen Cove," said the mayor. Trustee Como said the board is open for dialogue and the level of discourse in the newspapers is low.

Doug Barnaby, chairman of the Civic Progress Party, complimented Mayor Moyne on the supplement which he said clarified the rumors and confusion about the lawsuit and elections circulating in Sea Cliff.