JUSTICE DENIED IN SARATOGA DEMOLITION

JUDGE WAIT UNFIT TO RULE ON 
ANY PRESERVATION FOUNDATION ISSUES.

City Judge Jeffrey D. Wait, a contribution-paying supporter of the Saratoga Springs Preservation Foundation (SSPF), is now using his authority as sitting City Judge to actively delay/postpone/obstruct the demolition of Saratoga's most egregious Safety Hazard-- 
The FireTrap at 66 Franklin Street.

The most recent pro-SSPF ruling by Judge Wait is detailed here:

www.saratogian.com/articles/2012/08/23/news/doc5036d76ab3ab1188947760.txt

   

Judge Wait attended the 2012 SSPF Annual Fundraiser Dinner held WHILE HE WAS ASSIGNED the SSPF case. The photograph is from the May 11, 2012 SSPF dinner at the Saratoga Auto Museum:

The photo is titled "Kathleen Lucey & Judge Jeff Wait"...and was taken from the website of the Saratoga Springs Preservation Foundation. Here's the link--

http://www.saratogapreservation.org/news/uncategorized/2012-spirit-of-preservation-celebration-success

Before the SSPF removes the photo, here is what the SSPF's "Fundraiser Story" looked like online on August 29, 2012:

For those who question the truthfulness of SSPF, a local paper covering the 2012 SSPF Fundraiser wrote "The special evening is one of the foundation’s largest fundraisers of the year. Judge Jeff Wait was spotted at the event…"

http://www.saratogian.com/articles/2012/05/19/life/doc4fb7b970466fd329652990.txt

So it is an undisputed fact that Judge Jeffrey Wait voluntarily attended the SSPF major fundraising dinner of 2012. He did not attend as a featured speaker or to take a house tour. The ONLY question is did he contribute $65 to further the legal efforts of SSPF at the door that evening... or did he pay only the "member's rate" of $55 to the SSPF? The very very funny question is "Jeffrey Wait, are-you-now-or-have-you-EVER-been-a-member?" 

HOW JUDGE WAIT PERSONALLY STOPPED

THE LEGAL COURT-ORDERED DEMOLITION

OF 66 FRANKLIN IN SIX EASY STEPS:

  

STEP 1:

The City Charter and NYS Fire Code clearly authorize City Code Official Daniel Cogan and Public Safety Commissioner Richard Wirth to Order the demolition of unsafe structures "...without notice or hearing"--

STEP 2:

City Code Administrator Daniel Cogan prepares a thorough report with detailed substantiation requesting the demolition of 66 Franklin. In the report prepared on September 1, 2010 Mr. Cogan concludes "As a Public Safety Officer I feel that it is within my duties to ask for an order to demolish this structure (66 Franklin Street) in order to mitigate a serious safety hazard and remove the threat of harm."--

STEP 3:

City Judge James Doern reviews the report prepared by Daniel Cogan and issues a three-part Order in which he orders the Owner Joe Boff "...to demolish and remove said building (66 Franklin Street) from the premises and to make the premises safe." This Order is issued on September 3, 2010--

STEP 4:

Through some process, City Judge Jeffrey Wait takes control of the entire case from Judge James Doern. Wait orders a Hearing to nullify the Demolition Order issued by Judge Doern and in which Wait states "I strongly disagree even if the Code Enforcement could or would have the authority to order demolition." The Hearing is held on October 6, 2010--

STEP 5:

When Daniel Cogan learned of the Hearing held by Judge Wait and the dismissal of the demolition Order issued by Judge Doern, Mr. Cogan expressed outrage at the process, writing "If a Public Safety Officer, whether they be Fire Chief, Building inspector or any certified Code Enforcement Officer, does not have the authority to take action on behalf of the City (see "Step 1" above), then why have these people and positions in place." The single-page note was written on October 8, 2010--

STEP 6:

Judge Wait was apparently so irritated by the content of Cogan's letter that he ordered it removed from the official case docket or any further discussion, writing "I am sealing that letter and directing the parties to refrain from making further reference to it." Judge Wait issued his ruling on October 28, 2010-- 

UNCOMMON CONDUCT,

UNCANNY TIMING,

UNANSWERED QUESTIONS:

  

#1:

Judge Wait states on the record “He (Judge Doern) has asked if I wouldn’t mind handling this matter (the 66 Franklin case).” DOES JUDGE DOERN recall the conversation? If so, when did he “ask” Judge Wait to “handle” the matter?

#2:

Judge Doern’s Order on September 3, 2010 was an order to demolish the structure… thus bringing closure to the case. WHY WOULD JUDGE DOERN offer to hand over a case that was essentially closed and resolved?

#3:

DOES JUDGE DOERN recall Judge Wait asking for the case at 66 Franklin, or does he have any recollection of Judge Wait making inquiries about the status of the case prior to the handover of the case?

#4:

DID JUDGE WAIT EVER PRO-ACTIVELY SEEK OR SUGGEST the transfer of the 66 Franklin case from Judge Doern to his (Wait's) case load?

#5:

Judge Wait’s words indicate he was willing to lighten the work load of Judge Doern whom he called a “part time Judge.” WHAT OTHER CASES DID JUDGE DOERN “ask” Judge Wait to “handle” in September/October 2010? WHAT OTHER CASES DID JUDGE WAIT ACCEPT from Judge Doern?

#6:

HAS JUDGE WAIT EVER ATTENDED ANY SSPF FUNCTIONS in addition to the May 11, 2012 dinner?

#7:

HAS JUDGE WAIT MADE ANY OTHER FINANCIAL CONTRIBUTIONS to SSPF aside from the $65 or $55 May 11, 2012 dinner?

#8:

HAS JUDGE WAIT EVER BEEN A MEMBER OF THE SSPF?

#9:

ARE ANY MEMBERS OF JUDGE WAIT’S CLOSE FAMILY active members of the SSPF such as to give the appearance of impropriety?

The Judge has no business sitting on this case.

Any questions?