Yursil: Personal Response to Bob McCarthy’s Lawyering Up

Some people may be receiving a response from Bob McCarthy which includes an attachment to a document by a lawyer. Here is my personal response, the lawyer quotes a resolution:

“At a Sidney Town Board Meeting held on August 12, 2010, the following issue was discussed:

Wheat Hill Road: The Town Board was informed that a second burial of a body was performed on private property located on Wheat Hill Road. On a motion by Mr. Schaeffer, seconded by Mr. McCarthy, and carried, Town Attorney Joseph A. Ermeti, Esq., was authorized to investigate, research and potentially commence a legal proceeding seeking an injunction prohibiting the burying of bodies on private property in violation of New York State Town Law. It was the Town Attorney’s preliminary opinion that the cemetery is being operated in violation of §1506(b) of the Public Cemetery Corporations Law which states in pertinent part that no cemetery shall be located in any town without the consent of the town board of such town. AYES: C.P. Cordes, P. Hamilton, E. Wilson. NOES: none.”

The article he is quoting from has an applicability section here:

§ 1503. Application

(a) Except as otherwise provided in subdivision (c) of section fifteen hundred seven and subdivision (m) of section fifteen hundred ten this article does not apply to (1) a religious corporation, (2) a municipal corporation, (3) a cemetery corporation owning a cemetery operated, supervised or controlled by or in connection with a religious corporation or (4) a cemetery belonging to a religious or a municipal corporation, or operated, supervised or controlled by or in connection with a religious corporation unless any officer, member or employee of any such corporation shall receive or may be lawfully entitled to receive any pecuniary profit from the operations thereof, other than reasonable compensation for services in effecting one or more of the purposes of such corporation or as proper beneficiaries of its strictly charitable purposes or unless the organization of any such corporation for any of its avowed purposes be a guise or pretense for directly or indirectly making any other pecuniary profit for such corporation, or for any of its officers, members or employees, and unless any such corporation is not, in good faith, organized or conducted exclusively for one or more of its stated purposes.

In other words, the entire document that he is considering in his ‘preliminary investigation’ doesn’t apply to us. Much less a particular line.

Further, they state on their FAQ:

Q: Are all cemeteries regulated by the State of New York?

A: No, the Division of Cemeteries and the New York State Cemetery Board regulate only those cemeteries that are incorporated under the Not-for-Profit Corporation Law.

Cemeteries that do not fall under our jurisdiction include religious, municipal, private,national and family cemeteries.

link: http://www.dos.state.ny.us/cmty/cemfaqs.html

And besides, we got town zoning approval
http://www.docstoc.com/docs/55628534/Sidney-Grave-Site. To date, no one has shown me a single form that would need to be filed that wasn’t filed, nor has anyone told me who signs off on this imaginary permit form.

Next he states:

“The resolution does not mention disinterment of bodies…”

The resolution may not state it, but the first interview on the matter (on record) by The Daily Star quotes him here:

“McCarthy said the second lawsuit is against the owner of a property that allowed two Muslim burials on the property, one last November and one recently.

“These burials were done illegally, without notifying local authorities or obtaining proper permits,” he said.

“We will be seeking to have these bodies disinterred and stop future burials,” he said.


Bob McCarthy states clearly, he has already come to a conclusion on what was done legally and illegally, in advance of any conclusion by the lawyer. He also concluded what he was going to do, which was to dig up Muslim bodies.

This, my friends, is the very definition of the behavior of a bigot, not a qualified elected official.

From: http://www.yursil.com/blog/2010/09/personal-response-to-bob-mccarthy-lawyering-up/


One response to “Yursil: Personal Response to Bob McCarthy’s Lawyering Up

  1. My husband and I moved to the Sidney area almost three years ago. While we are not a part of Sidney proper, our mail is through the Sidney post office and we try to do as much of our shopping in Sidney. We actually are in the Unadilla township and until recently I was proud to say I lived in Sidney.

    After reading about Mr. McCarty’s behavior at the recent Sidney Board Meetng, I was shocked and amazed that someone in his political position would make such one sided, biased comments, with what I consider complete disregard for other human beings. He apparently doesn’t think people should bury their dead anywhere other than a traditional cemetery. It appears from newspaper reports, and reports from some of those at the meeting that there was lack of research and information gathered by Mr. McCarthy prior to the initial comments made by him regarding this issue.

    Regarding the comments and attitude of Mr. McCarthy, I am absolutely disgusted that any elected official would interject their own feelings into the issue and act so unprofessional as to refuse to apologize for inappropriate and hurtful comments made to the Muslim community given this sensitive subject. Are we not in America where we have a system to hear all sides of an issue before passing judgment? Did Mr. McCarthy do all his homework on the who, why, what, where and when of this issue so he would be prepared to represent the people of Sidney in a way becoming of his title “Town Supervisor” of Sidney?

    Personally I am ashamed and saddened by this whole situation. I hoped that Sidney would reinvent itself and regain both the economic and population levels it once had. I hoped there would be something to put Sidney back on the map and cure our sad economical situation. How unfortunate that our claim to fame is now “Sidney Freaking New York” and our not so nice reputation is fodder for reporters. It seems that Sidney now has generated some interest in the community. Too bad it came at the expense of our good name.

    To Mr. McCarthy: Shame on you! Hope you hit your knees after your comments and attitude. And perhaps as the Town of Sidney Supervisor to consider anger management training for some elected officials.

    To the Muslim people in our community: I apologize that there is still this kind of mentality in our community that jumps the gun and goes after you. There are good people in this community and there are not so nice people. They need to remember that someone’s religious beliefs does not make them “right” or “wrong.” As a Christian woman I regret that an olive branch could not be offered in the form of an apology from Mr. McCarthy.

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