Week in Rewind: ‘Outdoor dining will be here forever,’ judge dismisses Bruckner lawsuit, tragic collision on Major Deegan, NYPD arrests suspect for trashing GOP headquarters

meeting attendees stand up with their arms up at a rowdy meeting about the Bruckner rezoning
A judge dismissed a lawsuit intended to invalidate the Bruckner Boulevard rezoning.
Photo Aliya Schneider

The Week in Rewind spotlights some of the editorial work of the Bronx Times for the week of Aug.14- Aug. 18. Compiled by Camille Botello. 

Bon appétit: Adams declares ‘Outdoor dining will be here forever’ with new law extending the program throughout NYC

“Outdoor dining will be here forever,” Mayor Eric Adams exclaimed as he signed a bill on Wednesday that will extend curbside eating across the five boroughs.

Dubbed “Dining Out NYC,” Hizzoner permanently expanded outdoor dining across the city with the stroke of a pen by allowing any restaurant to purchase a permit for customers to eat outside of their establishment — whether on the curb or on the sidewalk. This comes after more than a year of negotiations between the Adams administration and the City Council, coupled with the restaurant industry and concerned residents weighing in. The mayor stated that the new program would resemble a scenic Paris street.

“We are not afraid to try something new and so those of us who have been in Paris, we are now outdoing it. You don’t have to leave New York anymore to enjoy it,” Adams said.

The big change will now allow these spaces to be set up across the five boroughs year-round on the sidewalk, while the curbside sheds will be permitted in the roadways from April to November. The fees for these permits will depend on the location and setup size in question.

The final rules as to the size and structure of the sheds that will be permitted have yet to be determined, although the law has created the framework. Many sheds, however, are likely to have to be pulled down when the new design specifications are determined. Furthermore, they have to be taken down seasonally.

Although Adams is touting the expansion as a major win for his leadership, not all restaurant owners are satisfied with the new law.

Several proprietors feel the cost to tear down the structures they have invested in is simply too steep, especially when they argue they are still suffering the financial strain dating back to the COVID-19 pandemic. Andrew Silverman, the operator of Penelope in Kips Bay, told amNewYork Metro that he spent between $3,000 and $4,000 to assemble his sheds.

Bronx City Councilmember Marjorie Velázquez is pictured with Mayor Eric Adams as he signs the "Dining Out NYC" legislation on Wednesday, Aug. 16, 2023.
Bronx City Councilmember Marjorie Velázquez is pictured with Mayor Eric Adams as he signs the “Dining Out NYC” legislation on Wednesday, Aug. 16, 2023. Photo Dean Moses

Judge dismisses Bruckner Boulevard rezoning lawsuit

A lawsuit hoping to overturn the Bruckner Boulevard rezoning plans was dismissed by Justice Leticia Maria Ramirez in Bronx Supreme Court on Monday.

The Article 78 lawsuit — a type of legal challenge that allows people to challenge government decisions — was filed by Buffalo-based land use attorney Richard Lippes on Feb. 13. Lippes is representing a group of Throggs Neck residents against the rezoning called the Bronx Coalition Against Up Zoning Inc., which is led by John Cerini, a 52-year-old accountant and insurance agent who runs local businesses Bronx Tax Man Corp. and Capital Shield Agency.

Lippes told the Bronx Times on Tuesday that he expects to discuss whether his clients want to appeal the case “fairly quickly.”

“We’re obviously disappointed with the decision, but this is a battle, not a war, and we hope to win the next battle, assuming my clients wish to continue,” Lippes told the Bronx Times.

Lippes would not say whether he believes an appeal would be effective, adding that he has faced successes and losses over the 53 years he has been practicing.

“It’s difficult to judge what a court would do, and prognosticating that is not a very worthwhile effort,” he said.

The City Council approved the rezoning unanimously on Oct. 12, 2022 after City Councilmember Marjorie Velázquez — who is up for reelection in November — turned on her long-held position against the project and encouraged her colleagues to approve it. The project is anticipated to bring 348 apartments to the low density East Bronx neighborhood of Throggs Neck, including 192 income-restricted — 99 of which are reserved for seniors and 25 for veterans. It has faced fierce backlash from local residents who have branded the project as an upzoning that will ruin the low density designation they enjoy in their slice of suburbia.

Kristy Marmorato, a Republican who will challenge Velázquez in the November election, called the ruling “very unfortunate.”

“Our community spoke and we will continue to fight to have our voices heard,” she told the Bronx Times.

sign lit up at night says 50th precinct
A Mount Vernon resident was pronounced dead on the scene on Sunday after being launched into traffic on the Major Deegan Expressway. Photo ET Rodriguez

One dead, one in critical condition after tragic collision on Major Deegan Expressway

A 22-year-old Mount Vernon resident was struck by a car Sunday morning after being hurled into oncoming traffic on the Major Deegan Expressway while he was assessing damage to his car.

At about 4:16 a.m. on Aug. 13, police responded to a motor vehicle collision on the Major Deegan Expressway near 238th Street within the 50th Precinct.

According to an initial  NYPD investigation, a 2018 Honda Accord was disabled in the left lane of the expressway after the driver lost control on the rain-soaked roadway and hit a wall.

The driver, 22-year-old Justin Francisco, exited the vehicle to inspect the damage.

While inspecting his car, a 61-year-old man driving a 2021 Subaru CTX southbound drove into it. The Subaru pushed the parked car forward into Francisco, throwing the young man over the center wall of the highway into oncoming northbound traffic.

Then, a 37-year-old man driving a 2021 Jeep Wrangler in the left lane northbound on the expressway hit Francisco.

The driver of the Jeep then lost control on the wet road, hit the right-side wall and the car turned over onto its passenger side. The car continued to slide along the road, partially pushing the driver out through the soft-top roof of the car.

EMS pronounced Francisco dead at the scene and the 37-year-old Jeep driver was brought to Saint Barnabas in critical condition. The 61-year-old Subaru driver and a 20-year-old passenger in his car, as well as two passengers in Francisco’s car — ages 22 and 23 — were not injured, according to the NYPD.

The Bronx GOP office windows are seen boarded up after a person threw a metal trash can through the glass on Wednesday, Aug. 9, 2023.
The Bronx GOP office windows are seen boarded up after a person threw a metal trash can through the glass on Wednesday, Aug. 9, 2023. Photo Christian Falcone

NYPD arrests suspect for trashing Bronx GOP headquarters in Morris Park 

The NYPD arrested a Bronx resident for allegedly vandalizing New York City Council Republican candidate Kristy Marmorato’s campaign office window at the Bronx County GOP headquarters in Morris Park on Aug. 9.

According to police, 48-year-old Louis Monroig was allegedly walking by the offices located at 1478 Williamsbridge Road early last Wednesday morning when he picked up a nearby metal trash can and hurled it through the left front windows, which had multiple Marmorato campaign posters plastered to the top.

Police arrested Monroig outside of 1429 Blondell Ave. later that same day after a security guard from Westchester Square recognized him and called the cops. He was charged with criminal mischief.

“I don’t know what the motivation was behind it,” Marmorato told the Bronx Times in an interview. “It’s unfortunate because we don’t deserve that.”

The political newcomer narrowly won the City Council District 13 Republican primary race earlier this summer and will face off against incumbent Democrat Marjorie Velázquez for the seat in November — although her opponents have criticized her endorsement from the Bronx GOP, accusing her of being a party nepotism pick. Marmorato’s brother Michael Rendino is the chair of the Bronx GOP, and her husband Gino Marmorato is the Republican commissioner for the city Board of Elections.

Marmorato, 44, is looking to become the first Republican to hold office in the Bronx since 2004.

The candidate told the Bronx Times that now being in the public eye as a political candidate has made her more conscious of her surroundings and the potential risks they impose, and said she was “concerned” after last week’s incident.


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