Local Cases Dismissed in Mount Kisco

There is a backlog of cases in the Town of Mount Kisco court system and cases that have lingered for years without prosecution. One case , involving the alleged dumping of PCBs at 77 Smith Avenue has been in the court system for well over three years.

In the last several months, cases have been dismissed as a result of motions for summary judgment.

In August, according to a decision entered by Judge Farrell, charges against 93 West Main Street for “failure to keep the premises at 93 West Main Street free from hazardous conditions” were dismissed as a result of the charges lacked “allegations of fact supporting every element of the offense charged”. The conditions at 93 West Main Street were written about here in August 2009.

Charges against the Mount Kisco property known as Elman Tires were also dismissed. The conditions at Elman’s were written about here in July 2010.

Mount Kisco will not be able to successfully prosecute its local zoning and property cases unless it has a full-time or nearly full-time prosecutor. Many of the prosecutors appointed over the last several years have had connections to the Mount Kisco Democratic Committee. This trend began in 2003 when John Donohue, husband of then Mount Kisco Democratic Committee chairperson Joan Donohue, was appointed as prosecutor.

Of the last several prosecutors, Karen Schleimer has the most successful record. Part of her success was the result of the hours that she put into the job. Those hours are necessary to develop a case and have a successful prosecution that Mount Kisco now lacks.

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