Inside the Scarsdale Courthouse: Thief in Rehab, Explosion Violations, Hampton Rd. Returns

Here's a look at what happened during Scarsdale Court's April 7 session. This story was postponed when a camouflaged jogger shut down three elementary schools last week, our apologies for the delay. Court is in session every Wednesday at 9:30 a.m.

Alleged 7-Eleven Thief in Rehab

Frank Fraioli, 44, is charged with petit larceny after allegedly stealing a few packs of gum from the 7-Eleven on Garth Road in November. Fraioli was not in court Wednesday because he has entered an inpatient drug treatment program upstate and won't be out until April 19, according to his attorney, Jeff Rice.

According to Assistant District Attorney Cynthia Adimari, Fraioli has a rap sheet that includes 53 convictions for various crimes, including drug possession and larceny. He has an outstanding larceny case in the Bronx as well. Because of his record, Adimari said, the DA's office is seeking the maximum jail sentence for the 7-Eleven case. But Rice wants probation for his client.

"His efforts [to stop using drugs] are better served outside than inside," Rice said.

"Well, he could go into the solutions program in jail," Adimari said, referring to a rehab program operated by the county.

The case was adjourned to May 12, when Fraioli is expected to enter a plea to the charge.

Convicted Drunk Driver Skips Probation, then Skips Court

Glenn Suarez, 28, of the Bronx, pleaded guilty last year to DWI, unlicensed operation of a motor vehicle and marijuana possession. He was sentenced to a year of probation, but failed to report to his probation officer as scheduled.

He was back in court last week to answer to the charge, but his attorney couldn't make the date because of a scheduled appearance in Eastchester. This time the attorney showed up, but Suarez didn't. The court sent him a warning letter and moved the case to next week.

Homeowner Back Again in Neglect Case

By now, Miriam Kahn should have her own office at Village Hall.

The elderly Garth Road resident was back in court for the umpteenth time Wednesday to answer to a number of housing code violations, including sanitation issues, illegal storage, and creating an electrical fire hazard at an unoccupied home she owns on Hampton Road.

Village Attorney Wayne Essanason said there have been numerous complaints about the unsightliness of the home and concerns about its security, as doors and windows have been found broken and unlocked. A car in the back of the house is covered with a blue tarp, and doesn't have an engine in it, he said. On March 11, Kahn was slapped with the additional charge of having an unregistered vehicle.

Kahn's sister told Essanason that they have found two prospective buyers for the home.

David Pravda, the attorney for Kahn told Patch in a March interview, he felt some of the violations were overblown.

"We certainly don't want to just return to court indefintiely, we do want to see an end to it," he said. The vehicle in particular – which is parked far back on Kahn's property at the end of her driveway – was not within the court's purview.
"I took a picture of it standing on Hampton Rd. looking down the driveway – it's quite unobtrusive.  I don't know what the big deal is over this car issue - it's got to be some neighbor complaining.  I accused the building inspector  [Nunzio Peitrosanit] who was not present - I said this picture was staged, because the tarpaulin was off the car, so you could see it. I said, "that's not the way it looks, I personally was there. This tarpulin was down."

Additionally, he feels they are treating Kahn as if she's running a salvage yard out of her home. "I believe this statute that they're talking about was really aimed at preventing people from running junkyards in their property without a license," he said.  "I'm assuming the Village must be under some pressure of calls from somebody complaining," he added. "Who else would care or even be aware of it?"

Court Clerk Judy Bromley said the case was plugging along, however. "They're making progress, but they still have some things to work out," she said.

The case was adjourned, once again, to April 28 (see tomorrow's story.)

Owner of Home Damaged in Gas Explosion Faces Housing Code Violations

The interior of Seth Newlin's Drake Road home was severely damaged in a Jan. 2009 gas explosion, and the house has been vacant ever since. On Wednesday Newlin's attorney, Jeffrey Klein, was in court to answer to half a dozen housing code violations, including breaking the fire code and letting weeds overtake the front lawn. Klein said he and Newlin have been working with the village's Building Department to obtain a demolition permit for the home. The Historic Preservation Committee has already approved the plan.

"We're well along the road," Klein said.

Village Attorney Wayne Essanason said Newlin needs to shut off the water and gas lines to the home as soon as possible and return to court with a concrete time frame for demolition.