Silver on Filtration in Park: I'll Defer to Jeff Dinowitz By JORDAN MOSS
In a meeting organized by Assemblyman Dinowitz at the request of members of the Northwest Bronx Community and Clergy Coalition, Sheldon Silver, the speaker of the State Assembly, told community residents and park advocates that if the filtration matter comes before him he will refer it to Dinowitz, whose district includes the golf course. "He indicated that when it comes to park alienation legislation he we will defer to the member whose district it's in'' Dinowitz said. "That's me.'' That stance effectively means that it is highly unlikely that such legislation will be introduced. Theoretically, Dinowitz, a vociferous opponent of the city's plans, said another member could introduce the measure, "but all indications from the meeting are that the leadership would look towards me as far as what direction the Assembly should go on this issue." Whether or not the issue will come before the legislature depends on the ruling of Federal District Judge Nina Gershon, who will decide on two lawsuits brought by residents and park supporters, which argue that state legislation is necessary before the city can build facility in a public park. Silver's position cheered filtration opponents. "As long as Jeff [Dinowitz] is on our side, which he is, there will be no way that that land will be alienated," said Karen Argenti, a Kingsbridge Heights resident and veteran of the filtration battle, who attended the meeting with Silver. Other meeting attendees included Msgr. Patrick Boyle, pastor of St. Brendan's Church in Norwood; Myra Goggins, president of the Northwest Bronx Community and Clergy Coalition; Paul Sawyer, executive director of the Friends of Van Cortlandt Park; and Elizabeth Cooke, executive director of the Parks Council. Fay Muir, a Norwood homeowner and plaintiff in one of the lawsuits who also attended the session in Silver's Manhattan office, said she was pleased with Silver's remarks and now looked to Gershon. "I would hope that the judge says the legislature has the right to make that decision." Gershon held a hearing in her Brooklyn courtroom earlier this month, where city lawyers argued that approval from the legislature was unnecessary because the plant is being built underground, and is therefore exempt from the state statute governing park alienation. Lawyers for the filtration opponents rebutted that claim, arguing that the plant will rise 30 feet above the current grade of the park and that there is no underground exception to the public trust doctrine, the statute in question. Whatever Gershon's decision, either side could appeal the ruling. But Dinowitz took the long view. "If we are successful in court," he said, "it will force the city to rethink this whole process and to come up with better idea that would not involve destruction in Van Cortlandt Park."
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If
a judge decides that a city plan to build a filtration plant
at Mosholu Golf Course in Van Cortlandt Park requires the approval
of the state legislature, the Giuliani administration will face an
uphill battle in Albany. 
