National Roundup

New York
11 groups sue city to stop expansion of NYU

NEW YORK (AP) — Eleven groups have sued the city for approving a plan to expand New York University’s footprint in Greenwich Village, a move that critics say could destroy the historic neighborhood.
The lawsuit accuses government decision-makers, including both the City Planning Commission and the City Council, of illegally turning over public land to facilitate NYU’s wishes. It also claims the approval process lacked transparency and denied the public meaningful input.
The suit requests the court to reverse the city’s approval. It also seeks to stop NYU from starting any construction.
The City Council gave final approval to the plan in July despite opposition from neighborhood groups and preservationists who warned that it could change the character of a beloved neighborhood that has nurtured artistic and social movements throughout the decades.
The area sports row houses and carriage houses dating from the 1820s to the 1850s. In the early 1920s and 1930s, the Greenwich Village Follies gave Martha Graham and Cole Porter their start. Among the artists who eventually lived or worked there were Jackson Pollock, Mark Rothko, Allen Ginsburg, Andy Warhol and Keith Haring.
The expansion plan calls for four new buildings in the area around Washington Square Park and the demolition of two low-rise buildings. After objections from residents and NYU faculty, the proposal was reduced by about 20 percent to 1.9 million square feet of new classroom space and other facilities for the more than 50,000 students at the nation’s largest private university.
Supporters have argued that the school’s ability to attract top students boosts the city’s economy because many stay in the area after graduating.
Plaintiffs in the lawsuit include NYU faculty members, Greenwich Society for Historic Preservation, Historic Districts Council, Washington Square Village Tenants’ Associated, East Village Community Coalition and others.
The NYC Law Department says it’s reviewing the lawsuit, which was filed Monday in Manhattan State Supreme Court.

Kansas
Judge sets sentencing date in sham marriage

WICHITA, Kan. (AP) — A federal judge has delayed the sentencing of a Jamaican woman convicted of entering into a sham marriage with Kansas soldier to get legal immigration status.
Shannakay Hunter had been scheduled for sentencing Nov. 5. She requested extra time to arrange care for her children and to travel back to Kansas from New York City, where she lives.
U.S. District Judge Monti Belot on Tuesday reset the sentencing for Nov. 26.
Hunter was convicted last month of conspiracy to commit marriage fraud, marriage fraud and lying to the government. She faces up to five years on each count but is likely to get far less prison time — if any — under federal sentencing guidelines.

Pennsylvania
Turnpike worker’s drunk firing suit rejected by court

PITTSBURGH (AP) — A federal judge in Pittsburgh has rejected the disability discrimination lawsuit filed by a Pennsylvania Turnpike worker who was fired two years ago when he missed work to seek alcohol treatment.
The turnpike commission argued the judge should dismiss Mark Schmidt’s lawsuit, in which he claimed turnpike officials used his work absence as a pretext to fire him instead of accommodating his disability — alcoholism.
But U.S. District Judge Cathy Bissoon noted that Schmidt, of Mars, had gone through alcohol treatment seven times before, including several times on paid leave. She says the turnpike commission had no obligation to accommodate his unannounced decision to enter treatment without taking leave.
The judge’s opinion says “there comes a point where demanding an employer to offer multiple, if not unlimited, opportunities for recovery veers outside the realm of reasonableness.”

North Carolina
Lawyers make cases in Jeffrey MacDonald case

WILMINGTON, North Carolina (AP) — A federal judge has the task of determining whether to overturn the conviction of a former Army surgeon in the murders of his pregnant wife and young daughters in 1970, a case that inspired a best-selling book.
Closing arguments in the Jeffrey MacDonald hearing ended in U.S. District Court in Wilmington on Tuesday, concluding six days of evidence and testimony.
Lawyers for MacDonald presented written statements and testimony that Helena Stoeckley repeatedly admitted that she was with a group of people who murdered the MacDonalds in their home on Fort Bragg in the early hours of Feb. 17, 1970. However, at MacDonald’s trial in 1979, Stoeckley denied on the witness stand that she had any role in the murders and couldn’t recall where she was when they occurred.
During closing arguments, U.S. District Judge James Fox heard from MacDonald lawyer Gordon Widenhouse, who focused on testimony from Jerry Leonard, who represented Stoeckley in August 1979, and on statements from Stoeckley’s mother.
Leonard testified Monday that Helena Stoeckley later said she was in the apartment but didn’t participate in the killings. Stoeckley died in 1983.
Widenhouse said MacDonald’s convictions should be vacated based on the Stoeckley statements and DNA evidence.

Alaska
Anchorage repeals law banning sidewalk-sitting

ANCHORAGE, Alaska (AP) — The Anchorage Assembly has repealed a section of a law that makes it illegal to sit or lie down on downtown sidewalks.
Two Assembly members who initially voted for the no-sitting provision sponsored an ordinance to repeal it. It passed on a 7-2 vote Tuesday night.
But Mayor Dan Sullivan told the Daily News Tuesday night he plans to veto the repeal. Eight votes are needed to overturn a veto.
Sullivan said earlier this month that police have issued no citations under the law.
The law approved in November makes it illegal to sit or lie down on downtown sidewalks from 6 a.m. through midnight Monday through Thursday, and 6 a.m. through 2:30 a.m. the next morning on Friday and Saturday. There are exceptions for medical emergencies, watching a parade or waiting for a bus.