Stolen Torahs Returned in Time for Holiday

By Conor Greene

Eight Torahs stolen last month from a local Jewish synagogue were returned to the congregation this week, in time for Rosh Hashanah.

The Torahs were stolen from the Jewish Center of Kew Gardens Hills last month, with shocked congregants making the discovery during Saturday services. It was immediately suspected to be an inside job, since the scriptures were kept under lock and key.

On September 3, the temple’s live-in custodian, Eric Giraldo, and a friend, Alan Lozano, were charged in the theft after the Torahs were found in a closet in Lozano’s home. The men have been charged with grand larceny and criminal possession of stolen property. They face up to 15 years in prison and are due back in court this Thursday.

During the NYPD’s annual High Holy Days meeting at One Police Plaza on Tuesday, Queens District Attorney Richard Brown joined NYPD Commissioner Raymond Kelly in returning the Torahs to the Jewish center in time for the holidays.

“Ten days ago – at the time of the Torahs’ recovery – I said that we would make every effort, consistent to with our need to have the Torahs available for the prosecution of the case, to have them returned to the Jewish Center of Kew Gardens Hills in time for Rosh Hashanah,” said Brown. “I am delighted that we have now been able to accomplish that goal.”

Joining Brown and Kelly at the meeting was the temple’s honorary president, Alan Gerard, the NYPD’s Chief Chaplin Rabbi Dr. Alvin Kass and the temple’s president, Meredith Deckler.

Photo: Queens District Attorney Richard Brown (foreground, left) joins Kew Gardens Hills Jewish Center Honorary President Alan Gerard, NYPD Commissioner Raymond Kelly, NYPD Chief Chaplain Rabbi Doctor Alvin Kass and temple President Meredith Deckler at One Police Plaza. In the background are members of the NYPD’s Shomrim Society (the fraternal organization of Jewish members of the NYPD) holding the recovered Torahs.

KaBoom! Brings New Playground to HeartShare in Howard Beach

WaMu is Funding Partner for Project

By Patricia Adams

Carol Verdi, Vice President of Educational Services for HeartShare Human Services says she remembers the first time she got a call from KaBOOM! They were looking for non- profit organizations to build playgrounds for when Verdi informed the caller that they had to look no further.

Since then KaBOOM! has built three playgrounds for HeartShare, one in Bensonhurst at the St. Finbar Complex, another in Richmond Hill at the HeartShare Pre-School and finally, last Saturday at the Howard Beach site which houses a pre-school program for children with special needs and a Universal Pre-K.

For the Howard Beach site, HeartShare put in an application and was partnered with Washington Mutual as their funding partner. Both HeartShare and WaMu each brought more than 100 volunteers. The day kicked off around 9AM and went until 2:30 when the playground was completed. Additionally there was a prep day on the Thursday before the build.

According to Verdi, HeartShare has been “very blessed to get involved with KaBOOM!” “Not only did they organize and help with the playground, they also serve to oversee the fostering of a strong relationship between the community, its needs and local business,” Verdi said. “There are so many people we have to thank. ConEd sent out crews of men with heavy equipment to dig the holes and prepare the ground for the playground installation. Merchants from the boulevard donated food and water. It was just unbelievable.”

Among those who supplied food and beverages for the day were Ragtime Gourmet, Sapienza, Carosello, Beach Bagels, Waldbaums, Councilman Joe Addabbo and Pepsi. Angelo Gurino, owner of Ragtime, who supplied breakfast for the hundreds of volunteers, said, “Anytime we have the opportunity to do something for the kids of this community, we try to get it done.”

The day started for the volunteers at around 9 AM with breakfast being supplied by said Gurino. For the remainder of the morning and well into the afternoon, play structures were assembled and put into place, cement was poured, engineered wood fiber was put in around the play equipment for children’s safety, and planter benches were constructed. A DJ was on hand throughout the day to provide entertainment.

The new playground will provide more than 90 children daily with a safe place to play. The play space is one of more than two hundred KaBOOM! will lead across the country this year in an effort to provide a great place to play within walking distance of every child in America.

HeartShare Human Services of New York is celebrating its 94th year, as a nonprofit organization that assists more than 17,000 New Yorkers. Its wide spectrum of services provides counseling, after-school programs and assistance with foster care and adoption to children and families, supports people affected by HIV/AIDS, and administers energy assistance programs. It also helps individuals with developmental disabilities through numerous programs including childhood services, adult day programs, residential services, case management, recreation programs, family support services, and health services. KaBOOM! is a national nonprofit organization that has the vision that every child in

America should have a playground within walking distance of their homes. Over the past ten years, innovators at KaBOOM! have employed a community-build model that brings together the interests of the community and local business. Together these successful community partnerships have been responsible for the building of over 1,000 new playgrounds, skate parks, sports fields and ice rinks across North America.

“KaBOOM! has a wonderful mission which puts children and their needs before everything else. They have really made dreams come true for us. I can’t say enough good things about them,” said Verdi. “I think the biggest thing for us is that it not only offers the ability for the children to develop their growth motor skills and it also gives them opportunities for socialization and language development. The most important thing is to have fun.”

For those communities who wish to build a new playground on their own, KaBOOM! has made a wide variety of resources available. The organization has a strong online community, offers training on a regional and national basis and offers both grants and publications to potential playground builders.

If you would like more information on HeartShare Human Services or KaBOOM! You can visit their websites at www.kaboom.org. Or www.heartshare.org

Gang Activity Headlines Precinct Community Council Meeting

Gang Activity on the Rise, Capt. Pledges Long-Term Take Down Operation

By Nicole Turso

Police at the 106th Precinct say gang activity is on the rise in South Ozone Park.

Captain Joseph Courtesis, the precinct's commanding officer, would give only limited details on the police investigation at the crowded 106th Precinct Community Council meeting last Wednesday, but said it would be a “long-term take down operation”.

Capt. Courtesis has alerted the Queens borough-wide gang command to the increase in gang-related crimes, to which residents attribute violence and drug-activity in the neighborhood.

Residents of 106th Street also complained about recent shootings and stabbings on their block. One resident who lives of the block lamented that she and other neighbors are afraid they might have to sell their homes if the situation doesn’t improve.

Capt. Courtesis said the precinct is making strides with their investigation and
two arrests have been made in connection with a shooting on 106th Street before the summer. The district’s crime rates, however have been on the rise. CompStat statistics of the 106th Precinct obtained from the New York City Police Department website show murder complaints in the precinct have more than doubled in the last year. Rape and Grand Larceny complaints have also increased since 2007.

Noise Complaints

Capt. Courtesis said the precinct is “aggressively pursuing” noise complaints throughout the district, citing 159 summonses issued from Memorial Day through Labor Day. Roughly 300 alcohol related summonses were issued at these locations.

With 11 block parties on Labor Day alone, the precinct has made a big dent in noise problems over the summer; with complaints down 26 percent over Memorial Day weekend, and 15 percent from Memorial Day through Labor Day since last year.

Commercial Vehicles

“Commercial vehicles parking on residential streets overnight have been a growing problem this year,” said Capt. Courtesis.

A truck enforcement team sent out from the precinct in conjunction with efforts by the Department of Transportation, issued 1,440 summonses to illegally parked commercial vehicles — up 842 from the previous year. Some commercial vehicles, including 40-foot tractor-trailers, were booted and towed.

101st Street Parking Complaints

Residents of 101st Street off of Rockaway Boulevard in South Ozone Park complained of teachers at John Adams High School and parishioners of the local church parking in driveways and narrow spots in front of houses.

Courtesis said he understood the inconvenience, however, explained that both John Adams High School and M.S. 137 let out approximately 4,000 students per day at the same time during the school year; making students the main priority of the officers on duty.

88th Street Vandalism

Residents of 88th Street came to the 106th Precinct Community Council meeting in full-force to raise concerns of vandalism on their block in Ozone Park.

Residents say neighbors put garbage pails in front of their house to save parking spots, as the block is centrally located by the A-train 88th Street/Boyd Avenue Station.

Residents of one particular house vandalize the cars of those who move the garbage pails, said those in attendance at the meeting, citing the shooting of BBs through car windows and mustard being thrown on cars. Residents have tried calling both 911 and 311 with no results.

Courtesis said he would need “probable cause” to take action, but wrote down the address of those allegedly causing the damage to property and said he would look into the legal action that can be taken. “I promise you I will punish them to whatever extent that I can,” Courtesis said.

Man to be Sentenced for Brutal Park Muggings

String of Attacks Killed One, Left Another in a Coma

By Conor Greene

A Queens teenager will be sentenced next month for his role in a series of violent muggings in Flushing Meadows Park which left one man dead and another in a coma.

Yovanni Rivera, 19, who was living on the streets of Corona at the time of the robberies, will be sentenced on October 6 after pleading in Queens Criminal Court last week to second-degree murder and second-degree attempted murder. He will likely receive a sentence of 25 years to life, according to District Attorney Richard Brown.

An accomplice in several of the robberies, Marcos Polanco, 19, of 43rd Avenue in Corona, pled guilty to first-degree robbery in March and is expected to receive 20 years in prison when he is sentenced next Friday, said Brown.

As part of a pattern of muggings in late 2006 that left residents shaken, Rivera approached Carlos Flores, 40, of Ridgewood as he was walking alone through the park on December 4 and robbed him of $20 cash and a MetroCard before hitting him numerous times with and legs and gashes to the back of his head.

The body of Flores, an immigrant from Ecuador, was found the following morning half-submerged in a park pond near the Long Island Expressway.

In the second brutal attack, Rivera and Polanco approached 33-year-old Ja Woo Park while he was jogging near the Unisphere on the evening of December 25. The men punched, kicked and stomped him, causing severe head trauma before robbing him of cash and the keys to his 2007 Honda van.

Park, a student from Little Neck, was not identified until several weeks after the attack before his family members, who were in South Korea at the time, returned home to Queens and identified him. Park remains in a coma, and under the plea agreement Rivera won’t get additional prison time if his victim dies.

The break in the case came after investigators linked the Honda, found torched on the Horace Harding Expressway, back to Park through the registration. Rivera was badly burned while setting the vehicle on fire, according to authorities. Polanco was arrested at his home after being linked to the crimes after he used the victim’s credit cards.

“The defendant was involved in a string of brutal muggings in and around Flushing Meadow Park that left one man dead and another severely injured and in a coma,” said Brown. “The defendant’s admission of guilt ensures that he is held responsible for his actions and that he will serve a lengthy prison sentence.”

Police say Rivera was known as “Nyquil” because of his ability to knock somebody out with a single punch. The defendants told authorities that the robbed the victims for food money. They were initially charged in four attacks, but were believed to be responsible for as many as ten that took place in the park, including several using the machete.

“Residents of our community should not have to fear being brutally attacked or robbed by thugs whenever they enter one of our parks,” said Brown after the men were arrested. “Those who would commit such heinous crimes are put on notice that my office will vigorously prosecute cases involving attacks on park-goers to the fullest extent of the law.”

This Week's Forum West and South

Seminerio Charged in Corruption Scandal

Building Memories, Preserving 9/11

Civic Accuses Developer of Violating Stop Work Order

CB 10 Unanimously Rejects Group Home Proposal

Addabbo Calls on DEP to Clean Up its Act as Fish Continue to Die

Company Accused of Illegal Dumping at Newtown Creek

Another Death on Queens Boulevard

Stolen Torahs Recovered, Temple's Custodian Charged

Seminerio Charged in Corruption Scheme

By Conor Greene

Longtime state Assemblyman Anthony Seminerio was charged by federal prosecutors with accepting hundreds of thousands of dollars from groups doing business with the state, including executives from a local hospital.

The charges center on Seminerio’s consulting firm Marc Consultants, which he has run from his Ozone Park home since 2000. The charges were expected to be formally announced by U.S Attorney for the Southern District Michael Garcia and FBI Agent Mark Mershon at a press conference Wednesday.

Seminerio, a Democrat from Richmond Hill who has served on the assembly for three decades, was arrested that afternoon.

Authorities allege that more than $500,000 in consulting fees paid to Seminerio, 73, were actually payoffs made in exchange for political favors. He was able to prevent the scheme from coming to light sooner due to a state law not requiring him to reveal the names of his clients.

A witness cooperating with the federal investigation, reported to be disgraced former Assemblyman Brian McLaughlin, recorded conversations with Seminerio during which the politician said he was tired of doing “favors” for people who were “making thousands” of dollars. “Screw you, from now on, you know, I’m a consultant,” he said to the cooperating witness. He added that he would lose “sixty percent” of his consulting business if he were to leave the assembly.

Among the groups doing business with Seminerio was a hospital “whose funding was substantially affected” by the state’s budget. “The intercepted communications... demonstrated that on numerous occasions Seminerio took action... to benefit the hospital at the time he was receiving payments from the hospital,” wrote FBI Special Agent Julie Brown in the complaint.

At one point, Seminerio bragged to a hospital executive that he can provide the “kind of relationship you can’t buy for a million dollars.” Later that day, the hospital informed Seminerio that his check would be sent the following week. The “consulting” work came as hospitals were threatened with budget cuts which were considered to close projected budget deficits.

That hospital executive later complained that a state official “has not been such a great friend for us.” Seminerio told the executive, “You got to tell me those things, and I’ll break his balls, and I have to know what to break his balls about.”

As the investigation continued, the FBI had an undercover agent approach Seminerio about legislation needed to privatize probation services. The agent offered a payment, but was told, “Let me produce something for you... If I produce, then, we’ll you know, we’ll sit down and you’ll congratulate me.” The undercover later agreed to pay him “consulting” fees in exchange for setting up meetings with members of the legislature.

Seminerio, who was a city corrections officer before he launched his political career, was paid $79,500 for his work as an assemblyman.

Building Memories; Preserving 9/11

THE NATIONAL 9/11 MEMORIAL AND MUSEUM TAKES SHAPE

As the world remembers the seventh anniversary of 9/11, thousands will gather at a ceremony at two massive pools set within the footprints of the Twin Towers- with the largest man-made waterfalls in the country cascading down their sides. They will be a powerful reminder of the Twin Towers and of the unprecedented loss of life from an attack on our soil.

The names of the 2,980 who were killed in the September 11 attacks in New York City, Washington, DC, Pennsylvania, and the February 1993 World Trade Center bombing will be inscribed around the edge of the Memorial pools.

An eight-acre landscaped Memorial Plaza filled with more than 300 trees will create a contemplative space separate from the sights and sounds of the surrounding city. The design is unique in its use of ecological considerations which exceed sustainability standards.

As the Memorial Competition Jury explained its decision, "In its powerful, yet simple articulation of the footprints of the Twin Towers, "Reflecting Absence" has made the voids left by the destruction the primary symbols of our loss. It is a memorial that expresses both the incalculable loss of life and its consoling renewal, a place where all of us come together to remember from generation to generation."

Complementing the Memorial, a state-of-the art memorial will offer visitors an opportunity to deepen their experience at the site. The Museum will help facilitate an encounter with both the enormity of the loss and the triumph of the human spirit that are at the heart of 9/11.

Dynamic exhibitions including artifacts and personal effects; a resource center, contemplative areas, and innovative educational programming will convey responders, area residents, and witnesses.

The Museum, designed by Davis Brody Bond, LLP will have its primary exhibition space below ground. The Museum will be accessed through an entry pavilion designed by Snøhetta. As visitors descend below the Memorial voids, they will see the slurry wall - the wall that held back the Hudson River when the Towers collapsed - and other remaining structures at the foundation of the site where the tallest buildings in the world, a triumph of human ingenuity and aspiration once stood.

The remaining eight acres of the site will include the Freedom Tower, three other grand WTC Towers, retail development, the WTC Transportation Hub and a Performing Arts Center. The site also includes significant underground infrastructure, including PATH tracks, a chiller plant and other mechanical spaces.

Civic Accuses Developer of Violating Stop Work Order

Residents, JPCA, Continue Battle with Huang

By Conor Greene

Police were called to a Mazeau Street after work at a construction site there continued despite a stop work order, according to a local civic group.

Members of the Juniper Park Civic Association’s executive board recently observed workers on property at 57-39 Mazeau Street, where notorious developer Tommy Huang is building a multi-family house. Residents say the empty lot adjacent to the house construction is also owned by Huang, and is being used as a storage area for
heavy equipment.

The property has been the site of numerous violations. Earlier this year, the city forced Huang to remove the top floor of what was a four-story house after being pressured by the civic and Councilman Tony Avella (D-Bayside). The city Department of Buildings (DOB) issued a stop work order, which was partially rescinded recently so that the developer could clean up the site.

On Saturday, residents heard loud banging at the property at about 8:30 a.m. and saw several people trying to break the lock on the security fence. They called 911, and police responded quickly since it was a possible break in attempt, according to JPCA member Manny Caruana, who lives near the scene.

“Apparently what happened was, [the developer] has been storing heavy equipment on the premises,” said Caruana. The workers claimed they were there to clean up, but were moving heavy equipment from the site, according to Caruana.

“It’s being used as a transfer site for heavy equipment,” he said. “They do this all time. It’s not clean-up. They sent five guys there to load a truck and leave, but there’s nothing left to clean up.”

After several years of pressuring the city to force Huang to comply with building codes, residents are starting to lose patience, said Caruana. Several houses across from the site have been put up for sale, and another next to Huang’s property has been allowed to fall into disrepair. “People are getting fed up with this. It’s an ongoing battle, the thing is ugly as hell, and it was built illegally.”

While police responded to the scene, they are not equipped to deal with Buildings Department issues, said JPCA member Tony Nunziato, who is challenging Marge Markey for her seat on the state Assembly. “They come five hours later and they don’t know the regulations,” he said. “The DOB knows this area has been a problem for two years. The city has to have a system [allowing] people who are watching the developers to call and have an inspector come down within an hour.”

Huang’s checkered past includes a conviction for allowing 200 gallons of oil to spill into the basement of the landmarked RKO Keith’s Theater in Flushing and then lying about cleaning it up. As a result of Huang’s repeated violations, officials including Avella have demanded that the city refuse to issue him any future building permits, a request which has been ignored.

“The city has to step up to the plate and watch what is going on in the neighborhood,” said Nunziato, adding that the DOB must put an end to the self-certification process. “Where is the government that is supposed to protect people? Is it a payoff, or total ignorance by people who don’t want to work?”

CB 10 Rejects Group Home Proposal

Plans for South Ozone Park Facility Angers Board Members, Residents

By Nicole Turso

A unanimous vote against the addition of another community residence program group home in the Community Board 10 district marked the first monthly meeting of the board for the new season, held last Thursday.

Community Board 10 Queens was back in session after a summer off, meeting at the Knights of Columbus on Lefferts Blvd. Their first order of business was a presentation from St. Vincent’s Youth Residential Services to establish a children’s group home on 126th Street in South Ozone Park.

Chris Jones, a representative from St. Vincent’s, gave the presentation for the residents program, which would service eight disabled children from Queens, up to age 18, deemed suitable for community living. The home would serve as a transition ground for children plagued by social, emotional and behavioral difficulties with the intent to return to their families after a year.

A Queens designated Single Point of Access (SPOA), a government designated program for children and families used to identify children with the highest risk of placement in out-of-home settings, would place the majority of children in the facility, with an intake screening committee involved in placement decisions. Some children may also be placed through the Administration for Children’s Services (ACS).

Martha Taylor Butler, a representative from Assemblywoman Michele Titus’ (D-Queens) office attended on behalf of the community’s interest, denouncing the addition of another facility. “In our community we have too many residential programs. We’ve had enough,” she said. “We are against anymore residential beds in Ozone Park.”

Jones claimed at the meeting that there is no saturation of residential group homes in Ozone Park or its surrounding communities, but CB 10 Chairperson Betty Braton produced a list with the number of group homes established and running in zip codes-- 11420, 11417, 11419 and 11414. Just in the community of South Ozone Park alone there are 14 facilities.

“It seems that when people don’t know where to put something, they plant it in Ozone Park,” said Community Board member Margaret Finnerty, “Enough is enough in our community.”

St. Vincent’s planned to build an eight-bedroom, five-thousand square foot residential home, comparable to a one-family home already in place in Springfield Gardens that has been operating for six months. The home would be staffed with 15 full-time supervisors, and at least two to three staffers on duty at all times.

After hearing St. Vincent’s presentation, the board motioned to vote, and was followed by a unanimous vote to reject the proposal — the board viewing another group home as saturation of the zip code.

Photo: An overgrown empty lot on 126th street will serve as the site for a group home if St. Vincent’s Youth Residential Services has its way.

Addabbo Calls on DEP to Clean Up its Act

Residents, Elected Officials Angry Over Lack of Action

By Patricia Adams

Angry residents of Howard Beach gathered with Councilman Joe Addabbo on Monday afternoon at a press conference to address the dead fish that have been washing up in Shellbank Basin for the past two weeks. Some at the conference have lived on the canal for more than four decades and insist the problem has never been anything like this.

Addabbo was joined by Assemblywoman Audrey Pheffer, CB 10 chairperson Betty Braton and Democratic District Leader Frank Gulluscio. “We’ve seen the same problem for several weeks in a row,” said Councilman Addabbo. “That’s more than twice than it has ever occurred in the history of the area. Obviously something is wrong.”

Addabbo went on to express his sentiment that the situation was definitely not part of a naturally occurring phenomenon and that immediate action must be taken.

“I have sent letters to both the DEP and the DEC demanding a site meeting immediately,” said Addabbo. “We don’t want to meet with these agencies in our offices. We want to meet them right here where they can experience the same disgusting smell we’ve been forced to endure for weeks.”

Don Sclafani says he has been boating and using the canal since he was a teenager. Now more than 40 years later, the Howard Beach resident says the DEP still clears their tanks by dumping them every August leaving what he claims is a slick that resembles anti-freeze at the surface of the water.

“First they dump and then the fish die,” said Sclafani. “The DEP is lying to us. I have spoken to a retired DEP employee who confirmed for me that they [DEP] dump chlorine and chemicals in the water when they clean their tanks. I can’t give you his name,” Sclafani said, “I promised I wouldn’t give him up.”

Elected officials and residents agree that resolving the problem begins with dredging the mouth of the canal. Because the water at the mouth of the canal is very shallow and at the top of the canal is much deeper, dredging it would begin to fix the problem by making the water depth more even. The diverse layering of the water leads to problems with oxygenation, resulting in the fish kill.

“If the water was stirred up and the oxygen was distributed more evenly throughout the canal, there would definitely be a great benefit in dealing with this problem,” said Betty Braton, chair of CB 10 and a resident living on the canal for 50 years. “Dredging would not eliminate the problem completely, but it would certainly be a vast improvement,” said Braton, “in addition to which it would make it much easier and safer for boaters who use the mouth of the canal to navigate in and out of the waterway.”

Braton says that as a resident she has been sickened for the past weeks, trying to clear dead fish from her dock and boat. “I care for my 102-year-old mother and the only fresh air she gets is outside in her back yard. She has been in the house for the past few weeks because the odor here is so unbearable.”

And Braton is certainly not alone in vocalizing her disgust over the situation. For weeks, residents have been gathering at the parking lots of CVS and Starbucks, both of which overlook the most troublesome parts of the canal, to share their woes over the mess surrounding their homes. Many attended the press conference holding photos of the hundreds of dead fish they took from the decks off their homes.

Bob Giallanzo, a resident who lives on the canal was toting the photos of hundreds of fish that had washed up on the beach. “I called DEP to complain so many times. I even got routed to DEP in another state. Obviously they are an agency that needs to be supervised.”

Assemblywoman Audrey Pheffer was quick to point out that in addition to area residents who must deal with the nauseating odor, there are also major consequences for business owners. “How is an establishment like Starbucks, where people want to sit by the water and have their coffee, supposed to deal with this,” Pheffer questioned. “In a community like this, where many businesses, especially eateries, use the waterfront as a selling point, there is a real problem. This situation has severe economic ramifications and is a major contributor to a decline in the quality of life for our residents.”

Among the areas of concern to those pushing for the meeting with DEP and DEC are whether or not the temporary de-stratification system is operational now and has been working through the summer, the current status of plans to construct a permanent facility and the protocol for timely cleanup should there be a similar event in the future.

Councilman Addabbo assured residents that he will not rest until the appropriate measures are taken to remedy the problem as quickly as possible. “I want an explanation from both DEC and DEP as to what is going on here, and I want this cleaned up now. Whether or not this fish death is a natural thing, the residents don’t care. We just want it cleaned up. Now.”

Councilman Addabbo donned rubber gloves to give the “reel feel” approach to the problem of dying fish in Shellbank Basin. Addabbo has promised residents that he will press the DEP and DEC for answers and results.

Company Accused of Illegal Dumping at Newton Creek

Riverkeeper, Gioia, Plan Lawsuit Against LIC Supply Co

By Conor Greene

A local City Councilman and environmental watchdog group are planning legal action against a Long Island City concrete manufacturer they claim illegally dumped waste into the Newtown Creek.

The environmental group Riverkeeper and Councilman Eric Gioia (D-Sunnyside) announced they have filed a notice of intent to sue NYCON Supply Corporation for discharging concrete waste into a tributary of the heavily-polluted Newtown Creek.

Riverkeeper, an independent organization dedicated to protecting waterways throughout the city, claims it observed NYCON employees dumping concrete waste into the Dutch Kills tributary of Newtown Creek without required Clean Water Act permits. The group also claims the company left piles of gravel and layers of concrete on the riverbed adjacent to the company’s facility.

The group filed a notice of intent last Thursday to sue NYCON, claiming the recent instance of dumping constitutes “an imminent and substantial endangerment to health and environment under the Resource Conservation and Recovery Act, which is the nation’s primary law governing the disposal of solid and hazardous waste.

“The pollution issues confronting Newtown Creek and other waterways surrounding New York City cannot be fully addressed without enforcing environmental laws and holding polluters accountable for their actions,” said Riverkeeper Investigator Craig Michaels. “We will continue to work with elected officials and government agencies to track down and protect environmental lawbreakers who threaten the environmental and public health of our communities.”

Both the Clean Water Act and the RCRA allow citizen groups to sue polluters, subjecting violators to up to $32,500 in penalties per day for each violation.

“For too long, Newtown Creek has been the forgotten waterway of New York City, and polluters have taken advantage by dumping with impunity,” said Gioia. “We’re here today to send a strong message that we will not stand for more dumping and more pollution in the creek. Polluters beware: we are watching, we are vigilant, and we will go after you.”

The Newtown Creek is a three-mile long tributary of the East River separating Brooklyn and Queens. It was the site of a 17-million gallon oil spill in 1950, which continues to be the center of numerous lawsuits against Exxon-Mobil by environmentalists and lawmakers. Pollution at the site dates back to the 1870s, when dozens of refineries were located along the creek banks.

The creek was recently identified by the federal Environmental Protection Agency as a contaminated area warranting further study for possible inclusion in the Superfund program.

Another Death on Queens Boulevard

Elderly Woman Struck while Crossing in Forest Hills

The notorious “Boulevard of Death” claimed another life when an 81-year-old woman was struck by a car and killed last Friday.

According to police, Shellie Parris was hit at about 8 p.m. while crossing in front of 109-15 Queens Boulevard in Forest Hills. An 83-year-old woman driving a Toyota Camry remained at the scene and was not charged in the accident.

Michelle DeMerse, who lives in a nearby apartment building, said she heard a loud “thump.” A short time later, she saw paramedics attempt to revive the woman. “You see CPR all the time on television but seeing it live is like getting hit with a brick. It’s shocking,” said DeMerse.

A section of Queens Boulevard was closed while the accident was investigated, and the driver held at the scene by police for nearly three hours, according to DeMerse.

The Forum Newsgroup/photo courtesy of MICHELLE DEMERSE

Stolen Torahs Recovered; Temple's Custodian Charged

By Conor Greene

Eight Torahs stolen from a central Queens synagogue last month have been recovered
and a live-in custodian has been charged in the thefts, according to police.

Eric Giraldo, 23, who has worked at the Jewish Center of Kew Gardens Hills for the past four years, was charged last week with grand larceny and criminal possession of stolen property. A friend, Alan Lozano, 28, was also charged in the theft after detectives found the stolen Torahs in a closet in his Fresh Meadows apartment.

The theft was discovered during Saturday morning services on August 16. About 60 members were shocked when the curtain over the ark was pulled back to reveal that the Torahs, worth more than $400,000, were missing. Since they’re kept under lock and key, congregants and police immediately suspected it was an inside job. “We couldn’t continue the service,” congregant Herman Saltzman told The Forum at the time. “I saw everybody just standing, bewildered. It was something we had never seen before.”

Authorities are currently in possession of the silver-plated Hebrew texts, but Queens District Attorney Richard Brown said his office hopes have the items returned within a week or two, in time for the High Holy Days later this month.

“Eric was a good employee. I personally liked him and so to me it was really a devastating blow,” the center’s Honorary President Alan Gerard told NY1. “I was sort of his patron and I trusted him with a lot of things.” Giraldo reportedly continued to show up for work in the
days following the theft, according to staff members.

Brown commended “the men and women of the 107th Precinct Detective Squad for their diligence and professionalism in bringing about the arrest of those allegedly responsible for the theft of the sacred Torahs... and for the recovery of those Torahs.

Authorities say Giraldo planned on selling the Torahs. The men face up to 15 years in prison if convicted. During their first appearance in Queens Criminal Court following their arrest on September 4, Giraldo was ordered held on $25,000 bail and Lozano on $10,000, neither of which had been posted as of Tuesday. They are due back in court on September 18.

This Week's Forum West and South

Something's Fishy in Howard Beach

Man Arrested in Ridgewood for Murder of Pace Student

Woman Sentenced to Six Months for Fatal Accident

Dispute Brewing Over VFW Hall's Liquor License

SUM Totaled: Graffiti Vandal Caught Thanks to Resident's Tip

Group Builds New Playgrounds at Two Local Elementary Schools

The Fianances of Cancer Care: Making Things a Little Easier

Something's Fishy in Howard Beach

DEP’s Temporary Facility Fails to Save Fish

By Patricia Adams

The sight and smell of what appeared to be thousands of dead fish in Shellbank Basin, the waterway which runs parallel to Crossbay Blvd. in Howard Beach, angered and upset local residents during the long Labor Day weekend.

City Councilman Joe Addabbo reported that a constituent, who had called 311 to report the problem, notified him on Friday after business hours via his 24 hour live hotline.

“That constituent was upset by being told a clean up would be in 10-14 days. That's not acceptable,” Addabbo said, “I responded by immediately going myself to the Starbucks vicinity to see the problem firsthand.” Addabbo then called the mayor's office, which responded by sending out DEP to clean up fish within 48 hours. "I'm thankful a constituent called my 24 hour service and that the mayor's office and DEP responded. I believe now we need to get answers from the NY State DEC as to how the situation occurred and how it can be avoided in the future."

That DEP was on scene and cleaning up was confirmed by Community Board 10 Chairperson Betty Braton. “My home abuts Shellbank Basin,” she said, “DEP's boat and personnel were there working throughout the holiday weekend.”

Similar occurrences in the past have been blamed on a lack of oxygen in the water, causing fish to die. One contributing factor is that the depth of the water in the northern end of Shellbank Basin is considerably deeper than it is further south in the waterway.

Braton also reported that the Community Board office had informed DEP, both by phone and letter; over two weeks ago that some water discoloration and odors were present; usually precursors to a lack of oxygen in the water. “We felt that perhaps the temporary destratification system was not working properly and asked them to investigate," she said.

A number of years ago the NY City DEP initiated a temporary facility located at 158-35 Crossbay Blvd. and tested to see if a destratification system, essentially an aerator powered by a compressor, would increase dissolved oxygen levels. The agency thought a compressor introducing air into the water through tubes laid on the bottom at the deeper end of the canal would aid in preventing the de-oxygenation that periodically occurs.

The temporary system did help, according to local residents, and the instances of discolorition, foul odors, and fish kill lessened in recent years. As a result DEP sought to erect a permanent destratification facility. They selected a site located in the southern section of the Starbucks parking lot to install the system.

The city's planned acquisition of that site was approved by Community Board 10 in April 2007, by the Queens Borough President, Helen Marshall, in May 2007, and by the City Planning Commission in July of that year. Councilman Addabbo also supported the planned permanent facility.

According to Community Board 10, its District Manager, Karyn Petersen spoke with DEP officials on Tuesday. At this point DEP has not determined the cause.

At this point, some local leaders think the problem may be that the New York State Department of Environmental Conservation has not yet approved necessary permits to allow construction to start or has prevented the temporary facility from being operation during the interim. If that's the case, as one waterfront resident aptly commented, “It stinks and they better fix it.”

In another phone call with DEP on Tuesday afternoon from CB 10, DEP indicated that the temporary facility is in operation at this time. As of Wednesday afternoon, it appears however that there is still a major problem with a foul smell emanating throughout the neighborhood and thousands of dead fish floating on top of the water and washing up along the shores of the basin.

Man Arrested in Ridgewood for Murder of Pace Student

By Conor Greene

The search for the killer of a Pace University student ended on Onderdonk Avenue Tuesday with the arrest of a drifter who admitted to the brutal slaying, according to police.

Jeromie Cancel, 22, allegedly told police he shoved a plastic bag down 19-year-old Kevin Pravia’s mouth and then strangled the honors student with a television cord. After the murder, he remained in the victim’s Chelsea apartment for several hours, watching the horror movie “Saw” before stealing a laptop computer, cell phone and iPod.

The search for Pravia’s killer ended just before 1 p.m. on Tuesday, when Cancel showed up at his father’s apartment. The two had been estranged until June, when Cancel briefly moved with his father, Jesus Soto. However, just weeks later Cancel stole various electronics from his father and left the apartment.

He returned on Tuesday to brag to his father about killing Pravia, who he had met early Saturday morning in Union Square park. “All the time he was gloating, like it didn’t mean nothing to him,” Soto told the Daily News. “He was not remorseful, like he was happy with what he did. He had this big smile on him.”

As he was being led of out of the 10th Precinct stationhouse on Tuesday night, Cancel was asked why he murdered Pravia. “Because I wanted to,” he yelled to reporters. “You got a problem with that?”

Pravia, a sophomore at Pace, was last seen at about 5:30 a.m. Saturday, getting into a cab after leaving a party near the South Street Seaport. Cancel told police that he ran into Pravia about thirty minutes later, when he offered to sell the drunken student drugs. The pair then went to Pravia’s apartment on W. 15th Street, according to police.

Shortly after the men reached the apartment, Cancel decided to rob Pravia after the student fell asleep. He punched the native of Massachusetts in the face and stuffed the plastic bag in his mouth before strangling him. He remained in the apartment until about 11 a.m., watching “Saw” as Pravia lay dead nearby in just his boxer shorts.

Pravia’s body was discovered on Sunday by his roommate Josephine Madonna, who was an old friend from Massachusetts. The pair had reportedly just moved in the apartment two weeks before.

Some of his unpacked belongings were still in the hallway when police entered the building to investigate the homicide. An unidentified neighbor in the building said she ran upstairs when she heard screams coming from the fifth floor and found the victim’s roommate screaming hysterically, “He’s dead. He’s dead.” The woman said she saw Pravia “lying on his bed, not moving.”

According to a police source, Cancel began bragging about the murder after police arrested him on larceny charges. “When we locked him up, he starting saying he was going to be famous,” the source said. “He was very cocky about it all. He basically told the officers he had killed someone,” providing specific details only the killer would know, according to sources.

Pravia moved to the city from Peru, Massachusetts, which is about 10 miles from the New York border near Albany. A Facebook page dedicated to him was quickly put together by family and friends, and the principal of Pravia’s former high school remembered him as a “quiet, polite and respectful young man,” according to The Berkshire Eagle.

Woman Sentenced to Six Months for Fatal Accident

Killed Elderly Man While Driving Drunk on Metro Ave

By Conor Greene

A Glendale woman was sentenced to six months in prison for her role in a drunken hit-and-run accident on Metropolitan Avenue last year that claimed the life of an 81-year-old man.

In an emotional hearing in Queens Criminal Court last week that included statements by the victim’s son and daughter, Diana Toro was sentenced for the accident in Middle Village last October 8 that took the life of Franz Fuerch as his wife looked on in horror.

Toro, 30, pled guilty in June to second-degree vehicular manslaughter in exchange for a sentence that included a six-month jail term and five years probation. She initially had also been charged with criminally negligent homicide, drunk driving and leaving the scene of an accident.

During last Thursday’s sentencing in Queens Criminal Court, the victim’s daughter said she is “disappointed” to be a resident of a state that offers such “leniency” to an individual responsible for the death of another person. “As a daughter, I’m broken, and as a mother, I’m frightened,” she said. “Your actions, Diana Toro, had consequences to my family... You robbed my father of his life. He will not see another birthday because of your carelessness.”

The accident occurred just before 11 a.m. near 74th Street as Toro was driving her Plymouth Voyager minivan from work to pick up her daughter at daycare. She lost control of the vehicle and swerved into a parked car before hitting Fuerch, who was getting into his parked VW Passat.

After hitting Fuerch, Toro drove away from the scene but was detained several blocks away until police arrived. Fuerch was pronounced dead a shot time later at Elmhurst Hospital Center, and Toro was arrested after failing sobriety tests.

Before Toro received her sentence, Richard Fuerch, one of the victim’s sons, addressed the court. Unlike his sister, he didn’t express disappointment with the sentence that was about to be handed down.

“Diana Toro caused [my father’s death] by recklessly driving a car while intoxicated at 10:30 in the morning,” he said. “My mother witnessed his broken and bleeding body lying on the street.”

Fuerch recalled his father as a “dear husband” and “beloved father” who took joy from “the simple things” such as having lunch with his wife at local Polish restaurants or taking her to the bakery, which is what they were doing when he was killed. “Just taking Mom to the bakery for a loaf of bread was a cherished act,” he said. “He always greeted us with a huge smile of joy.”

The victim’s wife was not in court for the sentencing and has suffered greatly due to the loss of her partner, according to the family. “Her grief became so great that she had to be hospitalized,” said Richard Fuerch. “She can no longer tend to her needs.”

He said that Toro must “live with this fact that her actions led to my father’s death” and “must spend time in prison to reflect on her actions. “I miss my father deeply,” he said. “I think about him every day.”

Speaking through a translator, Toro said she knows she “did something cruel” and asked the family for forgiveness. “I’m prepared for what comes next and promise to be a better citizen,” she said.

Following the sentencing, Toro’s attorney, Robert DiDio said his client had finished working a midnight to 8 a.m. shift and had “a couple of drinks” with co-workers before heading home. He described her as a single mother who “has a spotless record” and is a hard worker. “Sometimes we made bad choices with tragic results,” he said.

Toro is expected to serve four months in jail before being released. She was also fined $1,000 and her drivers license was revoked. Queens District Attorney Richard Brown’s office refused to comment on the sentence Toro received.

Photo: Richard Fuerch (right) leaves Queens Criminal Court with family and supporters after the driver who killed his father last October was sentenced for her role in the wreck.

Dispute Brewing Over VFW Post’s Liquor License

Hearing During Wednesday’s CB5 Meeting

By Conor Greene

A dispute over outdoor drinking at a local VFW post has pitted neighbors who want peace and quiet, against local war veterans just trying to have a good time and relax with friends.

Members of Haspel Staab Post 551 on 60th Avenue have applied to the State Liquor Authority to extend the club’s liquor license to include the 20 foot by 40 foot paved side yard. Some nearby residents are opposed to the request and want the license to remain as is, restricting the drinking to indoors, according to Ralph DeSanto, who filed a complaint with the state and circulated a petition.

DeSanto has lived in the house next to the post’s building since 1962. He said that until two years ago, no events had ever been held in the side yard since the post occupied the building in about 1970. He claims that this year, events have regularly spilled into the yard, and also alleges that the post has rented the space out for non-member functions.

He did say that “the post has gotten quieter in August” after the state began investigating his complaint. However, he doesn’t want any outdoor drinking to be allowed. “These parties have adversely affected our families and our quality of life,” he said. “We cannot sit in our homes without what we consider excessive noise.”

A public hearing on the post’s request to expand its license will be held at Wednesday’s Community Board 5 meeting, even though it is not required, said District Manager Gary Giordano. On one side will be residents say the post’s gatherings interfere with their quality of life; on the other will be members who say the issue is overblown and has become a personal vendetta carried out by DeSanto.

As a result of the battle with some neighbors, the post has decided to put the building at 84-02 60th Avenue up for sale, according to its commander, Michael Brown. “This is so overblown,” he said of the dispute.

Brown said that the only events held at the hall this year were a Memorial Day barbecue and a party during the July 4th parade. A “small picnic” is planned for this Sunday, along with an October 18 “fundraiser for the troops,” according to Brown. He said the post “absolutely never” rented the hall out for non-member functions.

“It’s a very low key place – I would like to have them as my neighbors,” said Brown. “It’s just this guy has a viciousness against us.” He said that DeSanto’s brother was previously banned from the post for “inappropriate behavior.”

Brown said the “majority” of events are held inside the hall, with the yard mostly used for cooking. “We just wanted to get an amendment to the license in case of the Memorial Day parade, to cover our behinds,” he said, explaining that DeSanto called the police this year because of their party, but no tickets were issued.

The CB 5 hearing comes after residents supporting both sides submitted petitions, said Giordano. He said complaints “about people outside making noise is not going to get their liquor license revoked, but it might get the SLA to pay attention to them.”

The SLA wouldn’t confirm that it is investigating DeSanto’s complaints, but noted that the post doesn’t have any prior violations.

The Juniper Park Civic Association, which represents about 1,650 families in the area, opposed the post’s request in a July letter to the SLA. The civic’s president, Robert Holden, said the group has “received complaints from nearby neighbors who have stated that the post is already having parties outdoors, serving liquor and in general making noise that has disrupted the neighborhood.”

While recognizing the sacrifice made to the country by the military and the post’s “charitable efforts in our community,” Holden argues that “it is not right for this VFW Post to feel that they can disrupt their neighbors by extending their entertainment outdoors.”

The group’s vice president, Lorraine Sciulli, said in an interview that “constant outdoor partying is out of the question” and that “it is unfortunate that the VFW feels they have the right to these disruptive outdoor celebrations.”

In response, Brown said the civic has yet to approach the post directly with any specific complaints.

Thomas Monaghan, an attorney representing the post in the liquor license request, stressed that “no one has the right to use their property to the annoyance and harassment of surrounding property owners... But that doesn’t mean they can’t barbecue and sit out in the yard and have conversations and listen to music moderately. That’s what life is all about in the big city – we live shoulder to shoulder.”

For DeSanto, the solution is simple – keep the party inside. “Our block would be satisfied if the post returned to its traditional respect for the neighbors and kept the parties inside, as it has done for years,” he said. “Mike Brown is a good man who has been seeking to revitalize the post, but I think he made a mistake two years ago by bringing the noise and drinking outdoors.”

According to Brown, the post might end up leaving the neighborhood if it gets an acceptable offer for the building. “If the people don’t want us, we’re going to go,” he said. “We would really prefer not to, we want to be an asset to the community and try to help and do the right thing.”

In the opinion of Monaghan, who lives in Broad Channel and isn’t a post member, the issue has simply “gotten out of hand” and should end in an amicable manner. However, after several letters were exchanged between the post and DeSanto, the two sides were un- able to reach a compromise.

“Ironically, it was Fourth of July that broke the camel’s back, singing God Bless America,” said Monaghan. “I feel sorry for everybody as it could get messy and expensive. What’sthe point? I suggested they sit down and have a hamburger and beer and work it out. But not in the alley.”

Group Builds New Playgrounds at Two Elementary Schools

Out2Play Upgrades Equipment at PS 81 and PS 153

By Conor Greene

Children at two local schools will have brand new playground equipment to keep them active during recess this year, as part of an effort by a non-profit group to ensure that every city school features room for students to get exercise.

New playgrounds at PS 153 in Maspeth and PS 81 in Ridgewood have been completed in time for the school year, according to Andrea Wenner, founder of Out2Play. The organization, launched three years ago, transforms empty asphalt lots adjacent to schools into playgrounds and has turned its attention to Queens for the first time.

“When I first started it, we surveyed all of the elementary schools in the city and found that close to 300 didn’t have playgrounds,” said Wenner. “They had the space, which was just an empty lot sitting there, and the kids would go outside and just stand around and not be especially active while out there.”

Wenner’s vision was launched while she was in business school at Columbia University, after working with a group that rebuilds high school athletic fields as part of a public-private partnership.

“I used to live near an elementary school that didn’t have a playground and thought, ‘why not do the same thing at the elementary level,’” she recalled. “I initially thought it was a space issue, so my first vision was to build playgrounds on rooftops of schools. I realized that a lot of schools did have space at ground level, which made it infinitely easier.”

Out2Play uses a combination of public and private funding, with money coming from city council members, borough presidents, residents, foundations and corporate sponsors. The organization works with the individual school on a specific design for the playground, and then hires the contractor and manages the project until completion.

“The only thing the schools are responsible for once it’s done is maintaining the playground,” said Wenner. “Of course, we also want their input for the design.”

By the end of the fall, Wenner expects that Out2Play will have overseen the construction or refurbishment of playgrounds at 40 schools citywide over the past three years. Her goal is to install playgrounds at 160 schools by 2011, leaving her with about 120 to go. Last year, the group built 14 playgrounds in the Bronx, Brooklyn and Manhattan using $2.5 million. This year, it is working on 26 playgrounds using about $5.5 million.

“At the very outset we focused on the Bronx and got traction there,” said Wenner. “We then made a push to make it a citywide program and expanded to all five boroughs this year.” It turns out that the need has been greatest in the Bronx and Brooklyn, as many schools in Queens already have playgrounds, according to Wenner.

However, Wenner still recognized the need for playgrounds at some schools in Queens, and decided to include PS 153 and PS 81 in her effort to bring Out2Play citywide. “We got a lot of support from Helen Marshall and worked with her office to take a look at different schools in Queens that needed playgrounds,” she said.

The project at PS 81 includes upgrades to the large yard behind the main school building at 559 Cypress Avenue and installation of a metal play structure behind the annex building on Seneca Avenue, according to Wenner. Work there is expected to be completed by the end of this week and includes slides, climbers, trees, benches, chess tables and blacktop games such as hopscotch, four-square and volleyball.

The project at PS 153, located on 60th Lane, was finished last week. Along with slides, climbers, trees, benches and blacktop games, the playground there features a rock climbing wall.

“Our goal is to make sure that every elementary school in the city that needs a playground gets one,” said Wenner. “We’re looking for all the support we can get to achieve our goal, both from public and private [sources]. People always assume it is a space issue when they hear that schools don’t have a playground, but the fact is the majority of those schools do have some sort of outdoor space that hasn’t been developed into anything usable as far as a playground.”

For more information about the organization, check Out2Play.org.

SUM Totaled: Graffiti Vandal Caught Thanks to Resident's Tip

By Patricia Adams

The reign of the graffiti vandal known throughout the communities of Ozone Park, Richmond Hill and Woodhaven as Sum Z, ended with his arrest at about 4:30 a.m. on Saturday. Police in five precincts, four in Queens and one in Brooklyn, have been looking for the elusive bandit for nearly a year. Authorities say he is responsible for tagging hundreds of locations and his etchings have been seen as far as Gerritsen Beach in Brooklyn.

John Colasanti, a 35-year-old unemployed white male, was taken into custody after he was observed by a neighborhood civic member on his way home from work. Scott Jordan was driving home after 4 am on Saturday when he observed an 18-wheeler parked near the triangle at 87th street and Rockaway Blvd.

“I saw movement and then I saw a man and a woman. The man was spraying something on the truck. I moved my vehicle so the lights would shine on the truck and that’s when I saw the word SUM.” Jordan said he was overwhelmed with excitement over the sight because the graffiti vandal known as SUM had been plaguing his community and many others for many months. “All I could think was, we got him. We got him.”

Jordan called 911 and told the operator that he had one of the most notorious grafitti vandals Queens has ever known in his sights. “I stayed behind them, about 25 feet or so, and just kept calling the police.” At one point Jordan said the woman who was with Colasanti, identified as a 22-year old black female named Lindo Z., approached him in his truck to ask him if he wanted a date. “The woman was a prostitute. She thought I was looking for a girl.” Jordan said he let her know immediately he wasn’t at all interested in what she was selling.

When police from the 102 arrived at the scene they verified with Jordan that he had seen SUM and his girlfriend tagging the truck. “I saw him write out the Z and then she filled it in”. Jordan said that Colasanti was carrying two knapsacks, one of which was filled with cans of Krylon spray paint at the time of his arrest as well as a small bucket with a paint roller and a handful of stencils made from cardboard he used to outline his tags.

Jordan was recognized for his help in the arrest at a Town Hall meeting of the Our Neighbors Civic Association on Tuesday evening in Ozone Park. In addition to getting the reward offered by the NYPD for the arrest and capture of SUM, Jordan received citations from Assemblywoman Audrey Pheffer and Councilman Joe Addabbo.

The 106 Pct Graffiti Unit Coordinator, Officer Frank Reina, told The Forum that the capture of Sum Z was a tremendous coup for the police. “This individual was brazenly traveling around all of our neighboring communities and managed to tag hundreds of locations.” Reina, who is well known through- out the precinct for his continuous efforts over the years to wipe out graffiti in the 106, says Sum Z was the most challenging. “All that matters is that we got this guy. Now we are looking for the DA’s office to prosecute him to the fullest extent of the law.”

The commanding officer of the 102 Pct, where the actual collar was made, Captain Charles McEvoy, and Community Affairs Officer, John McCoy were both on hand to talk about the arrest. “Our success in this arrest is because of community participation and because of Scott Jordan,” said McEvoy. “This vandal has finally been put behind bars where he belongs.” Captain McEvoy said that the NYPD Vandals Squad and personnel from the 106 were called in and that all those involved went to DA Brown’s office collectively to offer prosecutors a complete picture of the widespread damage caused by the man known as SUM.

Officer McCoy was responsible for debriefing Colasanti back at the precinct and it was then that the vandal disclosed the origin of his tag. SUM was derived from the words awesome and handsome, allegedly suggested by Colasanti’s cousin. McCoy also explained to residents at the meeting that the reason some of the tags read only SUM was due to Colasanti being alone when he tagged them. When accompanied by his girlfriend he attached the Z for the first letter of her last name.

Colasanti remains incarcerated, having not posted the required $10,000 bail, and is scheduled to return to court on September 11.

Photo: Democratic District Leader Frank Gulluscio presents community activist Scott Jordan with a citation from Assemblywoman Audrey Pheffer.

The Finances of Cancer Care: Making Things a Little Easier

Having cancer is certainly difficult enough and when the crisis hits, the last thing you need be concerned with is money. You should not have to worry about health insurance and taking care of all the costs associated with cancer care. But the reality is you need to be prepared with how to deal with the monetary obligations associated with cancer.

Most hospitals and medical facilities have representatives who are able to deal with your questions and insurance problems. Look at your own policy to determine exactly what your coverage provides for. If you are not up to doing this yourself, rely on a family member or close friend who is up to handling the task for you.

There are laws that protect your rights as a patient, and you would do well to make sure you incorporate all of the benefits of these into your care program.

The Family and Medical Leave Act (FMLA): This act provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year beyond whatever sick leave you are entitled to at work. Under this law, your employer is required to maintain your health coverage during the leave.

The Consolidated Omnibus Budget Reconciliation Act (COBRA): This give workers and their families the right to continue group health insurance benefits for a limited time, usually 18 months, after they lose benefits due to a job loss, reduced work hours or other life events.

The Health Insurance Portability and Accountability Act (HIPAA): This prohibits discrimination against employees and their dependents enrolled in group health plans based on their health status, provides for coverage under group health plans that limit exclusions for preexisting conditions and allow individuals to enroll in a new plan under certain circumstances.

For more information on the above resources, go to the Department of Labor’s Web site at www.dol.gov

The Americans with Disabilities Act (ADA): This act prohibits employment discrimination in the private sector and in state and local government employment against qualified individuals with disabilities. For more information, go to the US Equal Employment Opportunity Commission’s Web site at www.eeoc.gov

If you do not have sufficient insurance to cover the costs of care or you need help with co-payments, here you will find some of the resources available to you to provide financial assistance to help you pay the bills.

The Health Well Foundation: This group provides financial assistance to patients with breast cancer, colorectal carcinoma, cutaneous T-call lymphoma, carcinoid tumors and chemotherapy induced anemia or neutropenia. If you qualify, the Foundation will grant you full or partial assistance for up to 12 months.

Please refer to www.healthwellfoundation.org for details.

The Patient Advocate Foundation: This co-pay relief program provides direct financial support for prescription co-payments to insured patients being treated for breast, lung, prostate, kidney, colon, and pancreatic cancers, head and neck cancers, malignant brain tumors, multiple myeloma and chemotherapy related complications. For more information go to www.patientadvocate.org

CancerCare Inc.: Limited financial assistance for pain medication, home care, childcare and transportation for patients with all types of cancers as well as limited assistance to pay for hormonal and oral chemotherapy is provided here, as well as anti-nausea medication, lymphedema supplies and durable medical equipment
for patients with breast cancer. See www.cancer- care.org for more information

The Chronic Disease Fund : The Fund offers to pay some out-of-pocket expenses for underinsured patients with breast cancer, colorectal cancer, multiple myeloma, and non-small cell lung cancer. The fund considers income levels by geographic area and the number of household dependents. See more at www.cdfund.org

Children’s Leukemia Research Association: They help to pay for care not covered by insurance. www.childrensleukemia.org

Bone Marrow Foundation Patient Aid Program: This program can cover the cost of donor searches, compatibility testing, bone marrow procurement, medication, transportation, housing expenses and many other ancillary costs associated with a transplant. Go to their web site at www.bonemarrow.org.

Free or Low Cost Prescriptions: Most of the major pharmaceutical companies and
biotechnology companies offer patient assistance programs (PAP’s) to uninsured patients to help you get needed cancer medications. There are income eligibility requirements to qualify for assistance, but the requirements vary widely.

Most PAP’s require and income ceiling of about twice the federal poverty level, but some go as high as $60,000. Biotech companies generally have higher income limits to qualify because their products can be more expensive. PAP’s also require patients be uninsured for drugs, a US citizen and proof of income.

Additional Sources of Information:

Amagen Reimbursement Connection: www.amgen.com/patients/assitance.html
Bristol-Meyers Squibb Patient Assistance Foundation: www.bmspaf.org
Genetech’s Single Point of Contact: www.spoconline.com
GlaxoSmithKline’s Commitment to Access: www.commitmenttoaccess.gsk.com
Lilly Cares: www.lillycares.com
Needy Meds: www.needymeds.com
Partnership for Perscription Assitance: www.pparx.org
RxAssist and Rx Outreach Patients Assistance Programs: www.rxassist.org
RxHope: www.rxhope.com
Together Rx Access: www.togetherrxaccess.com

While we hope to offer useful information and helpful tips about things that may make the process of coping with cancer easier, please remember that this feature series is in no way meant to act in place of medical advice or prescribed treatments. It is meant as a resource and a tool to be used in conjunction with other aides that patients, their families and caregivers may benefit from. Always speak to your doctor or a qualified medical professional before taking steps or making changes in your healthcare regimen.

This Week's Forum South and West

Baldeo Walks Away from Senate Race, Clearing the Way for Addabbo

Residents Fighting 20-Story Apartment and Hotel Proposal

Feds Agree to Study Newtown Creek Spill

Willets Point Critic Agrees to Maspeth Relocation

Fulfilling Her Vision, Teacher Opens Drama School in Maspeth

Woman Robbed and Raped at Gunpoint in Richmond Hill

State Releases Annual List of "Persistently Dangerous" Schools

Forest Hills: A Causalty of the Falling Economy

Baldeo Walks Away from Senate Race, Clearing the Path for Addabbo

By Patricia Adams

Unity was the order of the day last Friday when State Senate candidate Joe Addabbo received the unexpected endorsement of Albert Baldeo, his would-be opponent in the September 9th Democratic Primary. According to Baldeo, he arrived at his unique decision in the name of party unity.

Standing in front of Baldeo’s law office on Liberty Avenue to receive the official endorsement, Addabbo was joined by Queens County Democratic Party Leader, Congressman Joe Crowley, NY State Senate Minority Leader Senator Malcolm Smith and Congressman Gregory Meeks.

Baldeo said, “I’m proud to be supporting Joe Addabbo for State Senate and plan to work with him here in the district, and hopefully in Albany, for the good of my community. Joe Addabbo has been an outstanding Councilman and I have full confidence that he will bring that same spirit of openness and leadership with him to Albany. Joe Addabbo is the best candidate to beat Maltese in November, I encourage all my supporters to vote for Joe.”

Addabbo graciously accepted Baldeo’s ringing endorsement saying, “I applaud his [Albert’s] wholehearted embrace of the democratic process. The Democratic Party is the party of inclusion, it’s a big tent with room for everyone, and we are stronger for his efforts. I look forward to working together as we head into November to bring real reform to Albany and accomplish our shared goals of increased funding for education, better jobs and benefits, increased access to government services, and improving the lives of middle class and hard working people. The voters of the 15th Senate District deserve nothing less.”

“The best way for us to achieve our goals is by working together," said Queens County Democratic Party Chairman Joseph Crowley. “I look forward to a united Queens County Democratic party working to elect Councilman Joe Addabbo to the New York State Senate.”

Addabbo’s graciousness may have come as a surprise to many, given that in recent months Baldeo and some of his supporters have been blatant in their attempts to blacken Addabbo’s political and personal reputation. According to Democratic Party activist Betty Braton, “It shouldn’t surprise anyone that Joe is able to find a way to work together with an adversary. Addabbo’s a consensus builder who knows that people don’t always agree, so common ground must be found to move forward. That is one of his biggest strengths.”

Although the endorsement by Baldeo was seen by some to be a surprise twist in this hotly contested race, many say that recent track of campaign activity was a key indicator that Baldeo was getting ready to step aside. Voters throughout the sprawling district have received no phone calls or mailers from Baldeo while Addabbo has been placed at events in all parts of the district. While Baldeo did make some appearances, they were confined to one small section of the area.

In recent weeks the Addabbo for Senate campaign “has been in high gear with phone banks running, two campaign offices operational, and Joe knocking on doors discussing issues with voters all throughout the district,” said Democratic District Leader Frank Gulluscio. “We welcome Baldeo’s participation in our effort to insure better representation for the district by defeating the incumbent in November.”

Both Gulluscio and Braton have been strong supporters of Addabbo since his first run for public office in 1997. Like Addabbo, both have been on the receiving end of vicious attack and trash talk by Baldeo or his supporters since 2006. When asked why they could join

Addabbo in accepting Baldeo’s support, both indicated that although some people think insults are an acceptable part of politics, their view is that, as Addabbo said, “the Democratic Party is the party of inclusion” and there is common ground in the desire of Democrats of differing views in both camps to win the 15th State Senate seat in November.

“People all across this country are tired of division and polarization,” Gulluscio said, and “are calling for an end to the bitterness between the parties, less focus on ideology, and more focus on working together where there is common ground to get the people’s business done.”

“Our party has been listening to that call,” Braton said. “Within our own party, by unifying with Baldeo and helping Joe Addabbo take this seat, we’re taking a step toward putting acrimony and division behind us. It would be insulting to our country’s democratic process to not work collectively to accomplish what both sides agree on – winning in November.”

Clearly the message sent by local Democrats at the press conference incorporated not only their desire to send Addabbo to Albany, but addressed the grander scheme – to recapture the Democratic State Senate majority which has eluded them for more than 40 years.

Although Baldeo’s name will remain on the ballot for next month’s primary, he indicates he will be working with Addabbo in the effort to oust Senator Maltese and is urging all 70,000 registered Democrats to vote for Addabbo, not him, on September 9th.

Photo: A crowd of pleased onlookers, including Democratic District Leader Frank Gulluscio (left) and State Senate Minority Leader Malcolm Smith, applaud a handshake exchanged by Albert Baldeo and the man they hope to send to the New York State Senate, Councilman Joe Addabbo.

Residents Fighting 20-Story Apartment and Hotel Proposal

By Conor Greene

KEW GARDENS – Residents are fighting a proposal to build a 20-story hotel and apartment building near Queens Boulevard, but face an uphill battle since the so-called “monstrosity” is allowed under the current zoning.

Area residents and Councilman Tony Avella held a protest last Thursday at the construction site on 82nd Avenue to call attention to the negative impact they say the project will have on the area. The site is being developed by the owners of the Pasta Lovers Trattoria, and the building is slated to sit on land behind the business previously used for restaurant parking.

The residents, many of who live in the adjacent 134-unit Hampton House apartment building on 82nd Street, first learned of the project when a construction crew began digging a huge hole on the property on June 30, according to resident Natalie Dauphin. After they filed complaints with the city Department of Buildings, a stop work order and several violations were issued in July.


According to the DOB, the stop work order was issued on July 18 because the developer did not have a copy of the approved plans on site and due to inadequate guardrails next to the excavation. A permit was issued on June 27 for a mixed use residential and commercial building containing 20 stories and a cellar, according to the department.

The project will include 27 parking spaces and an office in the cellar, 17 parking spaces, retail and offices space on the ground level, a community facility and ambulatory care center on the second floor and hotel rooms and apartments in the remaining space, according to the residents.

Dauphin, who has helped organize the fight against the proposal, accused the developer of having a “lack of concern for our safety” and said residents “are afraid of having cranes in this neighborhood looming over these apartment buildings.” She is also “absolutely terrified” that the construction is damaging the foundation of the six-story Hampton House, which is 50 years old.

Avella (D-Bayside) said the area needs to be rezoned to prevent this type of out of character development. He the “neighborhood cannot handle the impact” of the project, including increased traffic and pollution. “We’re not going to give up until we get satisfaction with this project,” he said.

Janice Dillman, an 18-year resident of Hampton House, said that after the project’s plans were rejected three times, “all of a sudden it was approved” and digging began on the property, which was still being used as a parking lot for the restaurant. “They didn’t have fences up and still had people parking,” she said. “I just don’t think there is any concern for us.”

Several other community leaders were at last week’s rally, including a representative from Assemblywoman Nettie Mayersohn’s office and Mel Gagarin, a candidate to succeed Melinda Katz as the 29th District’s representative on City Council. Katz was in Denver this week and did not respond to a message left with her spokeswoman seeking comment on the proposal.

“We stand united today to draw a line in the sand, to let the owner of Pasta Lovers know, and to let developers across this city know, that our communities will not stand idly by while our neighborhoods are lost block by block,” said Gagarin.

“This will destroy what is supposed to be a great place to live,” said Dauphin.

Top: Councilman Tony Avella and residents Natalie Dauphin and Mel Gagarin speak at last week’s rally.
Right: Residents are concerned that the 20-story building will tower over their six-story building behind the construction site.