Local Veterinarian Back in Court Over Broken Tree-Cutting Plea Deal

By Tessa Wheeler

Dr. Yosef Haroush appeared in New Castle Town Court recently to answer why he has failed to comply with most of the conditions of an August 2024 plea agreement related to the clear-cutting of hundreds of trees on his property.

On July 31, Haroush and his attorney Rocco D’Agostino were in a conference with Town Justice Noah Sorkin and Town Prosecutor David Levine regarding his inaction on four out of the six terms of the agreement with the town.

Haroush, a Chappaqua resident and Briarcliff Manor veterinarian, pleaded guilty on August 29, 2024, to 20 charges against him, most for illegal tree removal. Initial claims, however, alleged that Haroush removed over 500 trees from his property without permits.

The terms of Haroush’s plea agreement stipulated that he pay $42,000 to the town; provide a topographical survey to the town engineer; coordinate soil testing with an environmental expert and Town Environmental Coordinator Dennis Corelli within 30 days of the plea; complete the soil testing within 90 days of the plea; either “replant and revegetate” 292 inches of trees on his property or contribute to the town’s tree fund; and post a performance bond of $32,175 contingent upon the replanting and revegetation process. Upon completion, that performance bond would be reduced to a five-year maintenance bond that is one-third the amount of the performance bond. 

Another term of the agreement, although not an action item, was that Haroush’s wife, Rebecca Cole Marshall, be excused from the proceedings. 

At the time the plea agreement was reached, The Examiner reported D’Agostino was satisfied the proceedings were resolved, saying “We are going to have to work together and I think the town will be better for it.”

Back in Court

However, a letter sent on May 21 by Levine to Sorkin illustrated that the town and Haroush remained at odds. Levine requested a status conference with the court, stating that Haroush had failed to comply with all but two of the required conditions. He paid the $42,000 to the town and provided a completed topographical survey to the town engineer.

On July 31, Levine detailed the neglected items during the conference. While Haroush hired a soil expert, Levine said the expert failed to communicate with Corelli on testing parameters, so the resulting tests failed to screen for the full panel of contaminants. 

D’Agostino rebutted that “there was not the communication the court envisioned between my client and Mr. Corelli.” 

Levine also discussed a Zoom call that had taken place prior to the court appearance, expressing a desire to have the defendant’s hired soil expert work with the town to comply with the terms of the agreement. While open to working with Haroush, Levine also emphasized the time sensitivity. 

“This has to be addressed starting yesterday,” he said.

Money was a core point during the conference. The terms of the plea agreement, D’Agostino argued, are financially burdensome, especially the performance bond, saying he and Haroush “had no idea what that would entail.” After paying for the topographical survey and the $42,000 fine, a financial commitment like the performance bond would spread Haroush thin, D’Agostino argued.

“My client will continue to do everything he has to do,” he said, “but at some point, the money runs out.”

Sorkin reminded D’Agostino of the case’s conclusion a year ago. 

“There was a plea deal. There was a plea agreement,” he stated. “The presumption of innocence is no longer attached here.” 

Sorkin also promised further penalties if there were more delays.

“I’ll fine him more,” the judge said. 

At one point, Sorkin addressed Haroush directly, saying “I think you’re a decent, honorable man. I really do,” and implored him to comply with the remainder of the terms.

The prosecution and defense agreed to reconvene on Sept. 18 to receive a progress report and discuss next steps. 

“If we come back on the 18^th and I get the impression that nothing’s happening, there will be more fines,” Sorkin sternly warned the defendant.

The Examiner approached Haroush after court for a statement, but Haroush declined to comment.

Neighbors Left Reeling

The eastern corner of Chappaqua’s Pruyn Sanctuary bustles with quiet life as Anne Swaim follows a path deeper through the woods, taking care to point out ripe wineberries and quivering damselflies as she moves past them, while showing a reporter the grounds. Swaim, executive director of the Saw Mill River Audubon (SMRA), is familiar with the land; she often takes nature enthusiasts and eager birdwatchers on tours of the Pruyn Sanctuary, guiding them on marked paths through the 92-acre parcel. 

As Swaim walks, her hiking poles make divots in fresh mud. Birds take caution and avoid cutting close to the sounds of boots squelching against damp fallen leaves, yet still skip from tree to tree in the canopy above. The scene is serene.

On July 19, 2023, SMRA was informed by the Town of New Castle of damages to the Pruyn Sanctuary’s land and of charges against Dr. Haroush, whose property at 7 Mayberry Close shares a border with the SMRA-maintained property. Upon inspection, SMRA found its land near the property line in disarray, Swaim recounted. She said there were trees bulldozed into eight-foot-tall piles, massive boulders where there hadn’t been before, and natural valleys reformed into plateaus devoid of vegetation.

Furthermore, Swaim asserted the damage crossed the property line, and images show a hot pink boundary flag amid a pile of downed trees. Upon learning that the town wouldn’t be able to spur repairs or repayment to SMRA, the organization filed a civil suit in state Supreme Court in Westchester against Haroush and his wife.

Since then, SMRA’s civil suit has also dragged on. Despite a default judgment entered against Haroush last December, nothing has been determined with respect to damages. The matter was moved to mediation in May, but mediation proved unsuccessful, with the parties unable to reach a resolution. Haroush and the SMRA are set to meet again in court on Sept. 30 to determine next steps for a trial.

For Swaim, there is a sense of neighborly betrayal. 

“It’s been very frustrating,” she said. “We’ve never had a neighbor do that, you know.” 

She also noted that Haroush owns the largest property that abuts the sanctuary. 

“He had the most land, but it wasn’t enough,” Swaim said. 

Initially, SMRA was advised to clear the piles of trees left on their property, which it did, hopeful that there would be a settlement between the parties to discuss reimbursement and replanting to avoid litigation. However, that never materialized. Swaim said she regrets clearing the trees from the SMRA property, and regrets the organization was saddled with the expense and the ensuing litigation, which has reached tens of thousands of dollars.

While giving The Examiner a guided tour of the area, Swaim reaches a bend in the trail. Instead of continuing onward where the path is marked and cleared, she veers onto a lane of her own making, pushing branches and brambles out of the way as she walks. The forest begins to thin, with downed trees piled atop one another in the understory drawing more attention than the living ones looming overhead. A silence pulls at the air, characteristic of any suburban woodland precipice – a place where nature allows a human whisper to be heard through the trees. 

But as Swaim continues walking into the increasingly sparse woods, it seems more than a whisper fills the space. An absence wide enough to take the shape of a gasp comes into view, and Swaim stops for a second.

Haroush’s property was once heavily wooded, although one might not be able to tell by looking at it. Aerial photography from 2014 shows Haroush’s house as a barely visible roof amid a dense forest. However, aerial photographs captured after Haroush’s 2016 purchase of the property show the forest razed, once verdant land replaced with uniform silt. 

New Castle Environmental Coordinator Dennis Corelli, who reported Haroush’s unauthorized tree removal in 2022 and testified as a witness in the town’s case against him, confirmed that in the time Haroush has lived at 7 Mayberry Close, he’s never once obtained a tree removal permit. 

SMRA Board President Erik Andersen remains in disbelief over how events have unfolded since the litigation against Haroush began. 

“If this were private property instead of an open-to-the-public sanctuary, how would you feel if your next-door neighbor cut down your trees and then bulldozed all of the crap onto your property?” he asked The Examiner in an interview. “It’s astounding behavior to me.”

Haroush’s inaction has been a particular source of frustration for Swaim and SMRA members

“They got off lightly in court,” Swaim remarked, “and yet they still haven’t done the things they were supposed to do.” 

While the ecological ramifications of the property damage – such as contaminated soil runoff –are still a priority for SMRA, the amount of resources the organization’s civil suit requires is hard to ignore. 

“Time seems to be the game they’re playing,” said Andersen, commenting how Haroush and his lawyer seem to have drawn out the proceedings, and yet are still fighting the charges they already pleaded guilty to. “Given what it is, it seems ridiculously expensive to have to play this game, but we’re committed.” 

SMRA has not established a legal fund, nor has it explicitly asked for donations, but the group does enjoy supportive donors. Andersen stressed the importance of public support as well.

“We’re essentially funded by the public in our effort to safeguard the environment,” Andersen said.

Swaim and Andersen emphasized that they’ll continue fighting for the Pruyn Sanctuary, for the environment and the people who support their mission.

“We are dedicated,” Andersen promised, “to not being bullied or stalled out of not protecting the environment that we’re stewards of.”