Monday, September 17, 2012

The city really wants Jerry Delakas out of Astor Place

[Photo by James Maher from January. Find more photos here]

Apparently the city will stop at nothing to evict longtime Astor Place newsstand vendor Jerry Delakas. The Post reports this morning that the city has retained — for free — the services of powerhouse international law firm Proskauer Rose for the eviction process. Previously, the city used a Law Department attorney.

Said the steamed attorney for Delakas: "What this means is that while Proskauer could have used its pro-bono time toward protecting battered women or saving someone from execution, deportation or eviction. Instead, that time was taken up assisting the city in conducting an eviction!"

Delakas has been in the space for 25 years. He has been subleasing the newsstand from the family who held the license. However, in the eyes of the city, this is an illegal arrangement.

A city Law Department spokesperson told the Post: "The city must decide who can operate newsstands in a fair and evenhanded way. The fact that Mr. Delakas flouted the rules for so long cannot — and should not — be the basis for denying another vendor an opportunity that's rightfully his or hers."

As for retaining an attorney who works for a firm charging upwards of $800 an hour:

"The lawyer handling the matter worked on it while part of the city’s Public Service Program for young attorneys before she left to go into private practice," the spokesperson said. "It made complete sense for her to continue on the case given that she’d worked on it since its inception."

Does this make complete sense to you?

Read more about Jerry's situation at Jeremiah's Vanishing New York.

20 comments:

Anonymous said...

Yes, that does make complete sense. Why waste time and resources bringing another attorney up to speed on the case, and it also gives a young attorney a chance to get real, practical experience at an early point in her career. Arguing appellate cases is something that many attorney don't get to do well into their careers. This isn't an $800/hour attorney set to bring down Jerry. This is a young attorney who is merely continuing to work on a case she spent the better part of a year on already, before she stepped foot in the firm. Jerry's attorney is just looking for a headline and some sympathy.

esquared™ said...

In the eyes of Bloomberg's NYC, if one is not the highest bidder or a corporation, then it is an illegal arrangement.

Gojira said...

Nothing makes sense in this city anymore. Corporate developers are given the right to tear down centuries old historic buildings to benefit their bottom line and to house vacuous morons that would not have set foot in the New York of the 1970s or '80s. Landlords ruthlessly purge mom and pop stores so they can turn their spaces over to nightlife establishments, thereby making the quality of life for long-term residents poorer, but making the city more "fun' for transients. Established middle-class and -income housing like Grand Street, Stuytown/Peter Cooper Village and Mitchell-Lama are allowed to go market rate, thinning the already-struggling ranks of everyday Joes, and bringing in fresh floods of moneyed individuals. So while I am saddened and disgusted by the city's Hulk-like tactics against Mr. Delakas - who, again, ran that news stand when most of the shiny, pretty nitwits flooding our streets would not have had the guts to walk them - I am not surprised. There is no heart or soul in NY any more, which has been ruined by the megalomaniacal obsessions of a whiny, thuggish Boston prick to get his way in every single aspect of our lives, whether we want him in them or not.

Pumpkin Patch said...

It would seem that in a just world, the original lessee (who it seems IS abusing the system to make some bucks) would be fined and the City would work with Delakas so that he pays for his own license.

I've read a couple articles on this and I certainly get the feeling that there aren't any victims in this dispute.

bowery boy said...

What Jerry has been doing there probably is illegal, but there should be a statute of limitation for the City to act on this issue. At this point, the City should work the Jerry to legalize his situation. Too much time has passed for the City to look like they are in the Right. No one, not even the City, should get to be okay with lawbreakers one day and then want the law to work in their favor the next. Penalize the lease holder if they must, but Jerry should be legalized.

glamma said...

this makes absolutely no sense. seriously, wtf is wrong with this city?

Marty Wombacher said...

I agree with Bowery Boy.

nygrump said...

hey the City gets away with the forced drugging of the population (flouride in the water) so they certainly aren't going to step up for this poor guy.

Shawn Chittle said...

Esquared is right on the money.

Well, I don't buy the "legalize" thing. Not one bit. The city isn't going to buy that, clearly. They want him out.

So he should fight fire with fire and like the banks that claim to have all these foreclosed mortgages, force the city, as the burden of proof is on them!

SAVE JERRY!

Anonymous said...

Probably the city doesn't want to encourage other 62-year-olds who aren't CEOs or businessmen to think they could live and work here, too. Out with the old...

Pumpkin Patch said...

How much is a license now and how much is he leasing his current license from the actual license-holder?

I'd tend to be sympathetic to him if he is willing to pay the correct license amount and the City is just being vindictive.

Anonymous said...

City is taking a strong stand against senior citizens and 16 ounce sodas. We need protection from such atrocities. I just wish they would take a similar stand against puppy dogs and all things soft and cuddly. Enough is enough.

THE NOTORIOUS L.I.B.E.R.A.T.I.O.N. said...

There was just a segment on 7 news. The city had a VERY nasty response. I'll see if I can find it online. It seems they are treating this man unnecesarily harsh.

Anonymous said...

Since when does the city have such an intense focus on one small newsstand? Are they checking all newsstands in the 5 boroughs too or is it more likely that Jerry is in the way of their developer friends' Astor Place plans?
Way to go, harassing a guy who has been successfully providing a service here for 25 years- as others said, give this man an opportunity to straighten out the legal issues.
And the snide hall monitor attitude of "he's breaking the law!" just sounds like feeble bullshit to me. A lot of things are not entirely legal but where is the city there- ex. people making their apartments into illegal hotels or warehouses into illegal lofts- suddenly the city has no power and takes no action but this guy is a problem?

blue glass said...

as usual the city decides what is illegal depending on who is the "criminal". steal a $million, not a problem, be a news stand that is 4" too long, or is a sublet, woe is me, get these monsters out of the way and rent it to somebody that has respect for bloomberg's law and has the money to pay for it.
maybe these two news stands were selling soda in 24 oz bottles,
egads!

Uncle Waltie said...

This is what happens when a once great city elects a Mayor like Bloomberg. Small minded, petty bureaucrats now run the show.

Axis of Eville said...

law, government; they're for-profit businesses like the rest of them

Anonymous said...

Bloomberg is to the mayor's office what pink slime is to hamburgers. Sure will be glad when we don't have to swallow it anymore.

tourist said...

if we were smart we would pick an abandoned town upstate and all move there, and create our own economy there. Everyone could buy a house for $1,000 on ebay and live rent free.

John M said...

Gojira is right on. Well put. What a dumb fucking city this has turned into.