SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK xCITIZENS DEFENDING LIBRARIES, :EDMUND MORRIS, ANNALYN SWAN, :STANLEY N. KATZ, THOMAS BENDER, :DAVID NASAW, JOAN W. SCOTT, :CYNTHIA M. PYLE, CHRISTABELGOUGH, and BLANCHE WEISENCOOK,

Plaintiffs,

Index No.: 652427/2013

- against - AFFIDAVIT OFMILDRED SCHMERTZ, FAIA

DR. ANTHONY MARKS, NEIL L.RUDENSTINE, BOARD OF TRUSTEES :OF THE NEW YORK PUBLIC LIBRARY, :NEW YORK PUBLIC LIBRARY, ASTOR, :LENOX AND TILDEN FOUNDATIONS, :VERONICA WHITE, NEW YORK CITY :PARKS DEPARTMENT, CITY OF NEW :YORK, ROBERT SILMAN ASSOCIATES,:P.C., and JOSEPH TORTORELLA,

Defendants.

-and-

STATE OF NEW YORK, NEW YORKSTATE OFFICE OF PARKS,RECREATION & HISTORICPRESERVATION (NEW YORKSTATE DIVISION FOR HISTORICPRESERVATION AND RECREATION),

Nominal Defendants. :x

State of New York )..ss:

County of New York )

MILDRED F. SCHMERTZ, FAIA, having been duly sworn, deposes and says:

1. I am, and for approximately 40 years have been, an architect licensed by the State

of New York. I have been to the Central Branch of the New York Public Library, located at 42nd

Street and Fifth Avenue ("Central Library"), on multiple occasions and had the opportunity to

observe and consider, among other things, the "Stacks" (defined below) and the Rose Reading

Room situated directly above them. I submit this Affidavit in connection with the request for an

order, prohibiting any demolition of the Stacks.

MY BACKGROUND

2. As referenced above, I am a licensed architect, No. 009127-1. I am also a Fellow

of the American Institute of Architects. Fellowship is an honor bestowed by the American Institute

of Architects ("AIA") upon those who have made outstanding contributions to the profession

through design excellence, contributions in the field of architectural education or to the

advancement of the profession. Fewer than two (2%) percent of all registered architects in the

United States are elected to Fellowship in the AIA.

3. I have a Bachelor of Architecture from Carnegie Mellon University and a Master of

Fine Arts from Yale. From 1957 to 1990, I was a writer and editor for The Architectural Record,

and, from 1985 to 1990, I served as Editor-in-Chief for that publication. I was an

editor/contributor for six books on architecture and planning, provided introductory tests for

several architectural monographs, and, of course, served as a contributing writer on 33 years of

articles in the Architectural Record. From 1997 to 2010, I served as a contributing writer for

Architectural Digest. And I currently do the same work for The New Criterion.

4. In addition to my years as an architect, writer and editor, I have served as Visiting

Lecturer at the Yale University School of Architecture and the Parsons School of Design.

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5. From 1988 to 1991, I was a Commissioner of the New York City Landmarks

Preservation Commission, which has the jurisdiction to consider and regulate, among other things,

work performed with respect to landmarked buildings and historic districts throughout the City of

New York. From 1988 to 1989, I was a member of the Design Process Panel, appointed by

then-Mayor Edward Koch.

6. During the course of my work, I have visited the Central Library on multiple

occasions and had the opportunity to view and examine its structural, architectural and landmarked

features.

THE STACKS AND CENTRAL BRANCH

7. Construction of the Central Library was completed in 1911. It is among the most

iconic buildings in New York, and one of the most architecturally significant libraries in the world.

Designed by the architectural firm, Carrere and Hastings (the "Original Architects"), and

developed based upon the sketches of preeminent librarian, Dr. John Shaw Billings, the Central

Library was built to house millions of books and other resource materials which could be delivered

on an expedited basis to scholars and other members of the general public for immediate use.

Fundamental to the delivery system developed by Original Architects and Dr. Billings was the

creation of seven floors of book stacks, constructed floor to ceiling with Carnegie Steel (the

"Stacks"). Photographs of the Stacks are annexed as Exhibit 11.

8. The Stacks were constructed directly beneath the Rose Reading Room, a majestic

public space spanning 78' by 297' -- roughly the equivalent of two city blocks. Photographs of the

Rose Reading Room are annexed as Exhibit 12. Earlier this year, Community Board 5, which

represents Manhattan's central business district, requested that the New York City Landmark

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Preservation Commission designate the Rose Reading Room an interior landmark. According to

the NYPL's website, the Central Branch serves approximately 18 million visitors a year (Exh. 13).

9. The Stacks, situated directly beneath the Rose Reading Room, constitute an internal

skeleton for the Central Library, and provide direct structural support for the interior of the Central

Library building. Owing to the particular nature and features of the design and construction of the

Central Library, it should be obvious that removal of the Stacks would threaten the structural

integrity of the building. Worse, as I understand it, demolition and removal of the Stacks would

proceed while the Central Library would be in full use by members of the general public;

consequently, removal of the Stacks would pose a risk to the thousands of individuals who visit the

Central Library daily. Joseph Tortorella, the principal engineer engaged by the NYPL, publicly

remarked that, removing the Stacks while leaving the Central Library open to the general public is

like "cutting the legs off a table while dinner is being served" (Exh. 8). While a colorful metaphor,

Mr. Tortorella's descriptive reference constitutes a significant understatement; removal of the

Stacks while the general public continues to use the Rose Reading Room, for which the Stacks

provide the principal structural support, is akin to removing and replacing the foundation of

Yankees Stadium while a World Series game is played in front of a full audience of spectators. I

am not suggesting that it would be impossible, but the risks are considerable.

10. In addition to the hazards implied by the plan to remove the Stacks, there is also the

issue of disruption. The Stacks consist of more than 1,300 steel columns, the removal of which

would require workers to cut through steel (as well as the marble floors) for hours at a time. The

noise generated by such work could be deafening. I cannot imagine anyone, particularly scholars

and other serious users of the Central Library, being able to get any work done if removal of the

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Stacks proceeds.

11. Removal of the Stacks is apparently part of an overarching plan to convert a portion

of the Central Library into a circulating library; however, the Stack space, which would be made

available to the public under the new plan, is particularly inappropriate for such use. The narrow

strip windows near the Stacks face west, and are deeply set within a thick masonry wall and

provide inadequate natural light. And the space designated to be constructed for the revamped

library would require a huge amount of natural light.

CONCLUSION

12. The Central Library has been described as an architectural and engineering

masterpiece. I quite agree. And its hallmark feature (quite apart from the lions which grace its

entrance) is a design which provides both the structural support for the building, as well as

effective use of space to serve the Central Library's guiding purpose -- to make millions of books

and other resource materials promptly available to the public for research and other uses. The

Stacks are a critical and fundamental architectural component of the Central Library. Their

removal would reduce the Central Library to an empty husk of a building -- a veritable shopping

mall of a structure, the support mechanism for which would raise questions regarding public

safety, particularly, should the work proceed while the building (and particularly the Rose Reading

Room) is in active use.

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For the reasons set forth above, I strongly urge the Court to grant an immediate

restraining order and injunction to prevent removal of the Stacks.

ildred F. Schmertz, FAIASworn before me this5th day of July, 2013.

LAUREN A. HUDICKNotary Public, State of New York

No. 02RU8245314Qualified in New York County ,

Commission Expires July 18, 2032.

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