For Release: IMMEDIATE 

Contact:  Elizabeth Griffin / 518-465-0876
              George Carpinello / 518-434-0600

Historic Albany Foundation Takes Title to 
41 Ten Broeck Street
Building permit issued, stabilization work to begin

ALBANY, NY  (8/22/02) –  Two years ago – on August 29, 2000 – Historic Albany Foundation secured an injunction to halt the demolition of a vacant building at 41 Ten Broeck Street in Albany’s Arbor Hill neighborhood. Now, after years of negotiation and litigation, the Foundation owns the property – and has already begun work to stabilize the 157-year-old façade.

“The façade at 41 Ten Broeck is an integral element of this historic urban streetscape, and worth all our efforts and energy,” said Historic Albany Foundation’s executive director Elizabeth Griffin. A two-year court battle, with the City of Albany and the Foundation opposing Albany County’s efforts to demolish the building, ended this month with HAF taking title to the building and the county providing a $150,000 grant to stabilize the façade. The money will also defray the cost of demolishing what remained of the structure behind the façade to prepare the site for rebuilding. The county also agreed to indemnify Historic Albany Foundation for all lawsuits arising as a result of damages incurred during county ownership of the building. 

“Ownership of this property will present the Foundation and the community with a daunting challenge,” said Griffin. “We’re all going to have to pull together to make this plan work, and to find a buyer to restore 41 Ten Broeck Street to make it a functioning part of a neighborhood that is filled with potential.”

Editors Note: “Ten Broeck Timeline” follows, an outline of major developments in the neighborhood around 41 Ten Broeck Street from 1794 to present.

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Ten Broeck Timeline

1794 – The name “Arbor Hill” is used to describe this neighborhood on a city of Albany map drawn by Simeon DeWitt.

1798 – The Ten Broeck Mansion, at 9 Ten Broeck Street, is built for General Abraham Ten Broeck, who commanded the Albany County militia during the Revolutionary War. This Federal style home has been attributed to Philip Hooker.

1815 – Arbor Hill, a community of craftspeople, merchants, grocers and gardeners, is officially annexed to the city of Albany.

1840s – The Arbor Hill neighborhood is growing in population and prestige. Luxurious homes in the Italianate and Greek Revival styles are built for Albany’s wealthiest lumber barons.

1845 – The three-story, five bay home at 41 Ten Broeck is built for Lawson Annesley, a dealer in picture frames and looking glasses. The structure is built in the Greek Revival style – defined by austerity, and depending more on massing than architectural detail. The pilastered door surround is the primary feature of the façade that would originally have displayed six over six windows and louvered shutters on all the windows.

1860s – St. Joseph’s Church is built to serve the growing Irish Catholic population living in the vicinity and working on the Erie Canal.

1897 – The family of Lawson Annesley sells 41 Ten Broeck.

1900s  – The building is divided into apartments

1980 – The building becomes vacant.

May, 2000 – Albany County seeks permission to demolish 41 Ten Broeck from the City of Albany’s Historic Resources Commission, as the building had deteriorated and was deemed a safety hazard. 

Summer, 2000 – HAF and the city’s Historic Resources Commission work with Albany County to try to develop a plan to stabilze the façade and remove the rear of the building.

August 29, 2000 – Albany County begins demolition of 41 Ten Broeck Street. HAF’s attorney, George Carpinello, finds Supreme Court Justice Bernard J. Malone at a barber shop on New Scotland Avenue, and persuades him to sign an injuction to halt the demolition. The work stops at 6:03 p.m., but by that time, workers had already torn off most of the building’s cornice and top floor.

September 20, 2000 – Albany’s Historic Resources Commission hears arguments from Albany County Attorney Michael Lynch, seeking permission to demolish 41 Ten Broeck.

November 2, 2000 – The Historic Resources Commission unanimously denies Albany County’s request for a permit to demolish 41 Ten Broeck Street.

November 14, 2000 – The City of Albany orders Albany County to repair the façade at 41 Ten Broeck Street, and promises legal action if the County does not comply.

November 21, 2000 – Attorneys for the City, County and HAF offer oral arguments before Supreme Court Justice Bernard Malone regarding the fate of 41 Ten Broeck Street.

November 23, 2000 – After issuing an injunction to halt demolition of 41 Ten Broeck Street just three months earlier, Justice Malone reverses his decision and clears the way for the county to continue razing the property. HAF and City of Albany attorneys immediately appeal the decision.

November 27, 2000 – An Appellate Division judge extends the temporary injunction preventing further demolition of 41 Ten Broeck Street.

December 1, 2000 – HAF offers to take title to 41 Ten Broeck Street from Albany County if the County comes up with $85,000 to stabilize the façade. The County declines the offer.

January 5, 2001 – The State Appeals Court gives Albany County the go-ahead to remove 
crumbling side walls at 41 Ten Broeck Street, with the condition that a licensed engineer supervise the work to prevent further damage to the stability of the building’s façade.

April 27, 2001 – The Appellate Division of the State Supreme Court overturned the November ruling of Justice Bernard Malone. This precedent-setting decision underscored the fact that the county cannot “self-permit” for demolition of tax-foreclosed buildings in historic districts. Albany County appeals the decision.

January 10, 2002 – The State Court of Appeals declines to reconsider the ruling that Albany County cannot self-permit and must comply with the city’s Historic Resources Commission law.

May 13, 2002 – County Legislators Wanda Willingham and Nancy Wiley sponsor legislation that would convey 41 Ten Broeck Street to HAF, contribute $125,000 toward stabilizing the façade, and settle the lawsuit between the County, and HAF and the City of Albany.

July 8, 2002 – The Albany County Legislature votes 26-10 to give 41 Ten Broeck Street to HAF along with $150,000 to stabilize the remaining façade and demolish the crumbling building behind it.

July 26, 2002 – The five members of the Appellate Division of the New York State Supreme Court upheld its original ruling that Albany County was wrong to begin demolition of 41 Ten Broeck without proper permission, and that the County should further be held responsible for stabilizing what remained of the façade.

August 7, 2002 – HAF receives deed for 41 Ten Broeck Street and $150,000 from Albany County.

August, 2002 – Stabilization work begins at 41 Ten Broeck Street.