Letter to the Governor and Attorney General

June 10, 2008

Below are excerpts of a 10 page letter from Rosenberg Calica & Birney LLP on behalf of Patricia Friedman. The original of these pages (from page 1, 2, and 10) is scanned in at the “letters” page of this site.

From:

Rosenbert Calica & Birney LLP
Garden City, NY

April 28th, 2008

Delivered via fascimile and FedEx to:

Honorable David A. Paterson
Governor, State of New York

and

Andrew M. Cuomo, Esq.
Attorney General, State of New York

Re: Trump on the Ocean LLC (“Trump”) at Jones Beach State Park

Honorable Sirs:

I represent Patricia Friedman, a resident of Nassau County, as well as two civic associations she represents. I am writing on behalf of my client and all other interested citizens of Long Island with an urgent request that you immediately investigate what appears to be highly questionable if not improper conduct with regard to the “Trump on the Ocean LLC” Project for Jones Beach State Park (hereinafter “Trump”), including the original “Request for Proposal” process which led to the State Parks Department giving a 40-year lease to Trump in September 2006 to build a large private luxury catering facility at historic and environmentally-sensitive Jones Beach State Park, with a “themed” merchandise store, nightclub, and lounge. Not only is it astounding that such a Lease was negotiated and signed without public knowledge and participation in the process, but the original concept articulated in the RFP of replacing the public Boardwalk Restaurant with a new public restaurant has evaporated, as the facility proposed by the Lesse shows that 90% of the building is for private luxury catered events, and less than 5% of the building devoted to a public restaurant — the very reason that the RFP was issued in the first place. Moreover, my client demands an investigation into just how an interest in this State-owned land could be used as collateral for Trump’s private venture and used to secure millions of dollars in financing for a private business, when the 2004 RFP unequivocally stated taht the lease could not be used as collateral. Thus, not only is Trump exempt from paying real estate taxes because the property is owned by the State, it has also given permission to use a lease of State property as collateral for a multi-million dollar loan. A review of the entire RFP process and lease is urgently required in the interests of justice and on behalf of the people, as it appears, among other things, that the RFP process was unfair, improper, and/or not conducted pursuant to the State’s Procurement Guidelines.

Equally troubling to my client, and of great urgency, are recent events concerning the litigation commenced by Trump against the State. It appears as though government officials, including the Attorney General’s office – is bowing to political or other pressures and has apparently indicated a willingness to cave in to Trump’s demand to build an excessively large catering hall as part of a “backroom deal” – which plainly calls into question the integrity of our governmental officials in connection with this entire project and is in derogation of the State Attorney General’s duty to the people of the State of New York to defend and uphold their interests. A summary of the relevant facts will establish why immediate investigation into this project is required…

The State Attorney General’s Office has a duty to enforce the laws of the State of New York…

On behalf of my client and the residents of the State of New York, I urge you to immediately investigate these issues, and prevent any attempts by government officials and agencies to amend or revise the terms of the Lease or the design and height limitations already imposed by the State. My clients do not oppose a restaurant at Jones Beach, but will continue to fight for the rights of Long Islanders who do not want to see an overcommercialization of Jones Beach State Park, particularly a facility which plans to devote less than 5% of its building for the public restaurant. We further request that the matter be referred as well to the Public Integrity Unit of the Attorney General’s office, whose purpose is to vindicate the public’s interest in honest government and the integrity of governmental officials at the state and local level. In closing, I note that this project appears to be extremely politicized, and that a number of State and local officials appear to be using their influence to see that Trump on the Ocean LLC is accomodated. The people of the State of New York deserve better than backroom politics, particularly when it involves the future of a pristine, historic, State Park that has been cherished by generations of Long Islanders. Thank you in advance for your careful consideration of this letter.

Respectfully submitted,

Rosenberg Calica & Birney LLP

Ronald K. Rosenberg

cc: Ms. Patricia Friedman

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