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“The jury’s verdict was not contrary to the weight of evidence,” a four-justice panel of the Second Appellate Division ruled Sept. 30.
“No competent adult who understood what the Terra conspirators were doing – much less a practicing attorney and CPA – could possibly believe that the Terra scheme had a shred of legitimacy to it,” prosecutors said.
The 1908 sale of the 33-acre parcel to a private individual, appellate justices ruled, “constituted an affirmative act of abandonment of the cemetery use of that property.”
The court found him guilty of misappropriation of funds by failing to maintain the correct balance in the client trust account, breach of fiduciary duty, disbursing client funds to himself, depositing funds into the wrong account, and failure to provide bank records.
“The fact that a private developer will receive an ‘incidental benefit’ as a result of the project to relocate the firehouse,” the panel of four justices concurred, “will not invalidate the condemnation.”
“The Open Meetings Law was intended, as its very name suggests, to open the decision-making process of elected officials to the public,” according to the justices.
Peter V. Spagnuolo owned the Desert Moon Café and a Nathan’s Famous Hot Dogs eatery at Westchester Mall in White Plains.