Family Remembers a "Great Son"

MV HIT AND RUN VICTIM LAID TO REST

By Patricia Adams

An honor guard of NYPD and auxiliary police in addition to more than thirty clergy members, including Bishop Nicholas DiMarzio and Robert’s uncle Monsignor Sean Ogle, celebrated the funeral mass of 16-year-old Robert Ogle at the Resurrection Ascension Church on Thursday morning.

During the eulogy of his nephew, Monsignor Ogle shared a story which possibly best personified his nephew. “Robert maintained a close relationship with school chums from all his years. Recently he was asked to be on a dodge ball team from a friend at another school. Not only did he accept,” explained the Monsignor, “but Robert had shirts made for the entire team. They were lettered with ‘The Average Joe’s,’ from the popular Dodge Ball movie.”

But on his return from the game when Robert asked how the team did he told his family that everyone thought they were going to be great because of the shirts. “But,” Robert explained, “We were eliminated in the first round. I guess the shirts should have read the “Below Average Joe’s.”

Brendan Ogle described the loss of his son as “someplace where very few people go.” The father of 16-year-old Robert Ogle, killed by a drunk driver last weekend in Middle Village, said his experience is best likened to “something from another dimension. It is a place that I have discovered a lot of friends — people who pray with me and those who just listen when I need to talk.”

Inflection was virtually absent in his voice as he spoke of the boy he had raised with his wife Mei for the last 16 years. “Robert had a way with people. In his short life he [Robert] made many friends. At the schools he attended - Resurrection Ascension, PS 49, Louis Armstrong Middle School, and Brooklyn Technical High School -Robert built relationships with others his father called “buddies.” He maintained them throughout the years of his life.

One of those relationships, with Timmy Fung, a school chum from elementary school at PS 49 was what took him to Fung’s house on 80th street the night of the accident. Robert had gone over to the Fung house to celebrate.

But the celebration was to end in disaster; Robert never returned home and the Ogle family life was shattered. Brendan says one of the last things he asked his son was “Is your phone charged?” With a smile Robert had answered him, “Dad, you worry too much.”

And the worry escalated somewhere around 11:30 PM when Robert had not yet returned home and his parents were unable to reach him by cell phone. “I just had a sense that something was wrong,” said Ogle, who decided to call the police when he could not contact his son. “The police came by around 12 midnight, but there was nothing they could do. We just had to wait.”

Hours later, sometime after 6 am, the Ogles wait was over. “The doorbell rang and three detectives came. “They were all wearing suits and ties,” said Brendan Ogle. “I knew what had happened. It was like when you see Marines go to someone’s home to tell them their son or daughter was killed in action.” When the Ogle’s answered the door the detectives told them there had been an accident — Robert had been hit by a car. “How is he?” Brendan Ogle asked. One of the detectives answered the father’s question, “Your son passed, he is gone.”

Days after the loss, those words continue to sting Brendan Ogle in an indescribable manner. He speaks of Robert not in the past but in terms of the type of boy his son was. The exceptional ability he had to interact with people of all ages, his love of sports, his academic prowess and his desire to be a journalist.

“He was a great son and a best friend to his brother, 15-year-old Sean.” Brendan Ogle spoke freely about the fact that his own son had been drinking on the night of the accident. “According to two of the boys at the party, Robert had been drinking some brandy at the party. He was not used to drinking. I would know it if he were — but he wasn’t.”

But according to witnesses at the party, Robert had consumed too much of the brandy brought to the party by one of the other boys and had become violently ill. By the time he was really sick and nearly passed out, one of the other boys, Alex Paul, who also lost his life on that night, decided to take Robert home. According to witnesses, Robert Ogle was so sick that he was unable to walk on his own and Paul carried him home.

Ogle remembered a recent wedding that the family had gone to in Manhattan. “Robert had noticed they were making these drinks at an open bar called a Blue Lagoon. They were made with vodka and some kind of blue dye,” explained Brendan. “I guess they added some type of dry ice and there was smoke coming out of them. He asked me “Dad can we try one of those, so I got it for him, knowing what would happen.” After taking a sip, Robert made a face of displeasure. Brendan Ogle had smiled to himself because the taste obviously did not bring pleasure to his son. “Remember Robert this stuff can kill you.”

And although some of the Ogle family life now wears a mask of normalcy, with Mei Ogle having returned to her position as a teacher at Brooklyn Tech High School where Robert attended and Sean Ogle returning to his classes, Brendan says the family goes in and out. “I am off from work this week and my wife and son will be off next week due to the public school holiday. I have to take off again next week because they don’t want to be alone.

Brendan Ogle moved back and forth during his conversation with The Forum, trying to make some sense out of what had happened but there seemed to be no corner of solace for the grieving father. “I loved having my son around. We had gone out and bought a 47-inch flat screen TV so that he could have his friends over to watch the Super Bowl on Sunday,” he said. “We even went out recently and ordered some new furniture for the basement so he could have his friends over. This way they’d be comfortable and we could take care of them while they were having a good time.” Now the TV and the furniture have been returned and cancelled in order to pay for funeral expenses.

The aftermath of losing a beloved son involves so many components that unless living inside the experience, they are hardly understandable. But for the Ogle’s now there is much emotion that needs to be resolved.

“We have hired an attorney to take civil action in this matter.” From the conversation with Brendan Ogle, it is surely not about money. “It’s about responsibility, rather the total lack of it,” said Brendan Ogle, “and negligence.” He spoke in quiet terms about the driver who left his car idling in front of a deli, leaving an opportunity for Kenneth Guyear to climb behind the wheel of what was to become a murder weapon. Then there is the Fung family who allowed teenagers to have the unsupervised run of their basement, bringing liquor into the house where the father slept upstairs and the mother was on vacation.

Calls to the Fung house seeking comment were not returned. Ogle’s voice drifts off into almost a whisper, “they didn’t even call me or come to my son’s wake.” Their son Timmy, whose party it was, came to the Ogle house the next day and returned Robert’s jacket and offered what Brendan calls “a semblance of an apology.”

“If they had just called me when Robert became so ill from drinking, if they had just called 911, but they didn’t. No, I am going to pursue action for the level of negligence for the driver who left his car idling and for the family who allowed unsupervised drinking by minors in their home.”

As for Kenneth Guyear, Brendan Ogle says, “He was laughing when they picked him up according to witnesses. He repeatedly accelerated to get Alexander Paul out from under his wheels,” said Ogle. “He would have killed someone else on 80th street that night. It was like he mowed them down like bowling pins.”

Brendan Ogle continued on Kenneth Guyear, “He is not a human being. He is infested with evil with no compassion for people. Looking at his picture you can see the emptiness in his eyes, there is no remorse because it is clear to see he is not a human being. He is an entity. A twisted entity.”

Ballot Challenges in 32nd District Stun Voters, Candidates

Two Knocked Off Ballot; Chapey’s Tactics Called "Witch Hunt"

By Patricia Adams

The supposed front runner for Joe Addabbo's council seat, Frank Gulluscio, was thrown off of the ballot by his opponent, Geraldine Chapey on Monday because of a legal technicality about the nature in which his validating petition was served.

The candidate quickly cried foul stating that, "the idea that this is a system meant to uphold democracy is preposterous when the signatures of thousands of voters can be rendered meaningless by a legal technicality. We must demand that we have a system where the will of the people cannot be overturned by lawyers."

"Geraldine Chapey has been on what can only be described as a witch hunt, dragging her opponents into court, causing us hours of wasted time and thousands of dollars in lawyer’s fees. She obviously feels that the only way she can win is to eliminate the competition using her lawyer, rather than in a fair election by the will of the people. I cannot imagine that the voters of the 32nd Council District would want to be represented by someone like that."

Also among the candidates not to survive the challenge was former NYPD Officer Glenn DiResto.

The hearing was originally scheduled today because Chapey's team was claiming Gulluscio did not have enough signatures to make it on the ballot. Gulluscio had vehemently denied this claim and came into court prepared with hundreds of signatures that he felt had been knocked off erroneously. However, before they had the chance to make their case, the judge threw out the entire case because of what she felt was an error in the service of the validating petition.

Gulluscio commented that, "Although I am disappointed by the tactics employed by my opponent, I look forward to pursuing all options to allow me to continue to serve the people of the 32nd Council District."

James Wu, a spokesperson for the Chapey campaign explained the matter this way, “Frank Gulluscio did not attain the ballot because he had insufficient signatures.”

Some confusion seems to have existed regarding what challenges were filed and what was ruled upon. While a challenge to the legality of Gulluscio’s use of a star on his petition was filed, that issue ultimately was never considered or ruled on. The objection to the use of the five-point star was that it’s a recognized symbol of the Democratic party, which is not allowed in the non-partisan special election petition process.

As the Elections Commissioners resumed with their regular meeting on Monday morning, before the Executive Session, there was a second call in which they decided that Gulluscio simply did not make the signature requirement. And so it was, with a swift and final decision that the candidacy of Frank Guluuscio was ended on a technicality, that which the candidate continues to maintain was in no way a fair representation afforded to the voters of the 32 Council District in the upcoming special election.

With the field now narrowed to four candidates, one of the remaining contenders, Mike Ricatto had this to say, "I am extremely disappointed that some candidates have been thrown off the ballot for the upcoming 32nd Council District Special election. The democratic process is about giving voters a choice and the opportunity to vote for candidates who share their values, ideals and vision for better government. I am against eliminating candidates from the ballot for legal technicalities. Geraldine Chapey and her legal team along with Eric Ulrich and his handlers Tom Ognibene and the Haggerty's have successfully tied up candidates in court preventing them from reaching voters. I am glad this unfortunate episode is over and I can continue my efforts to speak to voters throughout the district about the important issues that concern them."

The third candidate who remains on the ballot is Democratic District Leader Lew Simon, Geraldine Chapey’s co-leader on the Rockaway Peninsula. There is much speculation as to why Simon’s petition volume did not fall prey to Chapey’s challenge axe, but nonetheless, Simon is very disturbed over the fact that any candidates were removed from the ballot during the process of the special election.

“I have been co-leaders with Geraldine for the last 15 years. Never once during that time did she produce more than 100 signatures for the district leader race. I find it shocking that she was able to gather these many signatures but I firmly believe that there should have been no challenges in the special election, especially due to the time constraints of the process. The bottom line, according to Simon is that he was disappointed and shocked to see that people were knocked off the ballot.

Simon also raised serious questions about why there has been no record of filings at the Campaign Finance Board. “It’s obvious that Geraldine has spent money on posters, literature, mailing and staff and that nothing has been reported. I would be most interested to see an audit conducted to see if these expenditures are in tact.”

The fourth and remaining candidate, Republican District Leader Eric Ulrich was quick to express that his feelings about the process is that it is “antiquated and that our state officials really need to re-examine the rules so that citizens have the right to get on the ballot and run in an election.”

Ulrich maintains that one of the first steps toward ensuring better government in the city and state is to make ballot requirements less stringent. “It is truly unfortunate that Geraldine felt it was up to her to select her opposition instead of affording that opportunity to the voters in the 32nd to whom it truly belongs. She felt it was her choice and not theirs.”

Avella Questions New Building Regulations

Construction Plans Will be Available Online

By Conor Greene

The city Department of Buildings has announced reforms intended to increase public scrutiny of construction projects, but one local official argues the new rules will actually diminish the ability of citizens to contest illegal projects.

The new guidelines, announced recently by Mayor Michael Bloomberg and DOB Commissioner Robert LiMandri, are intended to “give New Yorkers a stronger voice in the development of neighborhoods, create greater transparency and clarify the process for the public and for developers.”

As part of the new process, New York will become the first city in the nation to require that developers place diagrams of new buildings or major alterations online so the public can view the size and scale of a proposed project.

In addition, a new 30-day formal public challenge period will be implemented “to give the public a greater voice in the development process and provide clarity for developers about when and how a project can move forward,” according to a release issued by the city.

However, Councilman Tony Avella (D-Bayside), who is challenging Mayor Bloomberg this fall, immediately issued a statement voicing concerns with the new regulations. He argues it will limit the public’s ability to fight illegal projects due to the 30-day statute of limitations created by the review window.

“While I believe that the posting of online diagrams for proposed development on DOB’s website is definitely a step in the right direction and leads to greater transparency, I completely disagree with the new development challenge process,” said Avella. “Despite being touted… as empowering the public with greater oversight over new developments, it is actually diminishing the ability of residents to contest new construction by creating a defacto statute of limitations through the implementation of the 30-day comment period.”

Avella, a fierce critic of the DOB who has made fighting overdevelopment a focal point of his time on City Council, is worried that the procedure “will in effect actually benefit unscrupulous developers who will simply wait out the clock to avoid community challenges.”

When announcing the reforms, Mayor Bloomberg insisted they would “inject a much-needed dose of transparency and accountability into a critical area of construction and development – zoning compliance… The reforms center on the public’s right to challenge any approved development if they think it violates local zoning regulations.”

Under the regulations, diagrams for any new building or major enlargement approved by the DOB would be uploaded to the agency’s website. Residents would then have 30 calendar days to review and challenge the development approval. Once that window closes, the DOB Borough Commissioner will address any challenges to the project that have been lodged. If a challenge is determined to have merit, “appropriate enforcement action will be taken, including issuing Stop Work Orders, revoking of permits and requiring redesigns of the proposed construction.”

If the Borough Commissioner determines that a challenge is invalid, the public will be given an additional 15 calendar days to appeal to the First Deputy Commissioner. Once that decision is rendered, the public can appeal to the Board of Standards and Appeals(BSA).

The provision granting the BSA final determination also concerns Avella. “It is extremely inappropriate for the final appeal in the public review process to have to be brought before the Board of Standards and Appeals, which throughout its existence has essentially been a rubber stamp for developers,” he said. “BSA repeatedly ignores the public’s opinion and there is no reason to believe that they will act differently in this process.”

Locally, the BSA recently came under fire after granting a cellular company permission to install a radio tower on top of a two-story home in a residential area of Maspeth.

“This is just the latest example of the Bloomberg administration’s failed attempts to reform this agency,” said Avella. “In order to have true reform, DOB needs to be held accountable for their actions and must also allow greater community involvement, both of which will not be accomplished by this development challenge process that actually substantially limits the ability of New Yorkers to submit complaints or question the actions of DOB.”

Willets Point Group: Use City Money Elsewhere

A group of Willets Point business and land owners is arguing that $400 million the city has set aside to redevelop the gritty industrial area near Shea Stadium could be put towards better use, given the current economic crisis.

During his most recent budget announcement, Mayor Michael Bloomberg announced that the city must take severe measures, including drastically cutting vital services, in order to balance the city’s finances. According to the group Willets Point United Against Eminent Domain Abuse, the $400 million set
aside by the city to acquire private property should be put towards better use to soften the blow of impending budget cuts.

A partial list of proposed cuts includes $48.9 million from police, $20.1 million from libraries, $17 million from the fire department, $5.3 million from senior centers, $91.2 million from education, $3.3 million from ambulance services, $5.6 million from parks and $3.4 million from jails, according to the group’s first press release, issued last Thursday.

“The taxpayer money set aside for property acquisition at Willets Point could easily be redirected towards these agencies to prevent these cuts,” said Jerry Antonacci, president of the coalition of business and land owners. “There would also be enough left over to install a sanitary sewer system to fix the roads at the Iron Triangle and allow the property owners to stay, expand their businesses and let the area redevelop naturally.”

Last November, the City Council approved a plan that would remove existing businesses from Willets Point and allow a private developer to build a convention center, hotels, retail and housing on the 64-acre site near the new stadium being built for the Mets. The city has said that, if necessary, it will use eminent domain to take possession of the private properties and then turn the land over to a yet-to-be-chosen developer.

Willets Point United Against Eminent Domain Abuse represents more than two dozen property owners who are fighting the city’s plan to acquire their property. Antonacci, owner of Crown Container, had reportedly struck a deal last year to sell his 23,000-square-foot property to the city. Under the agreement, the waste transfer company started by his father in 1959 would have moved from 34th Avenue in Willets point to a property in Maspeth. However, the deal was never formerly announced by the city and eventually fell apart last September.

“Why is there $400 million set aside to force business and property owners off their land while jobs for police, fire and teachers are being eliminated?” asked Jake Bono, owner of Bono Sawdust Supply Co. and a group spokesman. “Why in an economic downturn is the city spending money not only to destroy businesses and jobs, but to destroy the American dream of owning property? Government-abetted private land grabs were not what our founding fathers envisioned when they wrote the Constitution.”

Will the "Real" Gil Grissom Please Stand Up?

Note, in case you have trouble seeing the names, that's Fogarty on the left and McNeill is on the right, with William Petersen, AKA Gil Grissom, in the center. Let us know in the comments field below who looks most like Petersen: Fogarty or McNeill.

By Mickey Hornung

The great Gil Grissom run off is afoot! Our contestants both hail from around the Howard Beach area and on many occasions me and other have said that either man look like Gil Grissom of CSI. Has he ever been here alone? We CSI watchers know that Gil Grissom hooks up with Sara at the end of his run in the Dominican Republic – aaahh! But has he been secretly undercover in the guise of one man of the other? I would banter with both men by saying, “You know who you look like?” and their response would be, “I know, Gil Grissom of CSI” but to take it a step further I would then say, “No you look like" the other person’s name. Like our contestant number one, Randy McNeill, owner of Bluesky Landscaping and Deacon of St. Barnabas Church and our second contestant, Patrick Fogarty, whose families are much engrained in Old Howard Beach and Hamilton Beach. Now Gil and Sara went home after their reunion. Has it been to our quaint little Old Howard Beach? I know I have done many a double takes on both men.

Now, it’s up to you to decide which man most resembles Gil Grissom. You can vote right here by entering your choice in the comments field below.

The results will determine who most looks like and could be the missing Gil Grissom now that he has left the show. The winner will receive a nice free pizza complementary of our friends at Neighborhood Pizza in Colman Square. Join in the action by casting your vote!

And for all you civic-minded people, come on out to the Howard Beach Civic Association’s upcoming meeting on Tuesday, February 24 at 7:30 p.m. in the basement of St. Barnabas Church. Come down and speak up about Howard Beach’s concerns. And, don’t forget about the debate on February 12 at 7:30 pm, also at St. Barnabas. Hear your candidates speak about the upcoming special election to fill the City Council seat vacated by Joseph Addabbo, now a State Senator. If you can’t make that, get out and vote in the election for out good friend of Howard Beach, Frank Gulluscio.

See ya around the beach!

Former Queens Woman Sentenced to 20 Years for Fla. Child Abuse

Previously Sentenced to 11 Years In New York

By Conor Greene

A former Queens woman – already sentenced to nearly 11 years for defrauding New York city and state through an adoption scheme – has been sentenced to 20 years in prison in Florida for abusing her children there.

Judith Leekin, 63, of Port St. Lucie, Fla., pleaded no contest last Wednesday to four counts of aggravated child abuse and four counts of aggravated abuse of disabled adults. She was later sentenced to 20 years in prison in accordance with a plea agreement, and under Florida law must serve at least 85 percent before becoming eligible for parole.

Using four aliases, Leekin adopted 11 children while living in Queens between 1988 and 1996. Most of the children had mental or physical disabilities, meaning Leekin received state subsidies to help pay for their care. She moved to Florida with the children in 1998, where she was accused of forcing them to live in squalid conditions and survive on a diet of Ramen noodles and peanut butter and jelly sandwiches.

A detective from the Port St. Lucie Police Department testified that numerous zip-ties and handcuffs were found at the house and had been used to restrain the children. In addition, the children were forced to sleep in a small storage room, were regularly beaten and denied medical care and schooling.

Leekin apologized several times during the hearing, and according to her attorneys, still loves the children. She entered into the plea agreement to spare the children the ordeal of testifying against her.

However, despite the plea agreement, there are still questions regarding the fate of at least one of the children Leekin adopted. She received money to care for Shane “Moo” Graham for about seven years after he was no longer under her supervision.

According to police, Leekin allegedly was seen taking the boy – who suffers from Down Syndrome, autism and sickle cell anemia and cannot walk or talk – from her apartment in 2000 and then returning without him. Several of the other adopted children told police they thought the boy was dead; police are now seeking the public’s help in finding him.

Last year, Leekin was sentenced to 10 years and 10 months in prison for defrauding New York state and city out of $1.68 million through the adoption scheme.

The abuse allegedly began in Queens, with Leekin forbidding the children from going outside or attending school. Several were restrained in bed to prevent them from getting up. After moving to Florida, the children “lived in a similar manner,” according to authorities.

The Florida judge determined that about half of Leekin’s 20-year sentence will run concurrently with the term she received here last year. She won’t be eligible for parole until she is at least 80 years old.

Ridgewood Man Sentenced for '06 Murder

VICTIM SHOT OUTSIDE WOODSIDE STRIP CLUB

By Conor Greene

A Ridgewood man has been sentenced to 25 years to life in prison for the murder and attempted murder of two men outside a Woodside strip-club more than two years ago.

Victor Gavalo, 26, of 1816 Stephens Street was sentenced last Friday by Queens Supreme Court Justice Arthur Cooperman. He was convicted last month of second-degree murder, second-degree attempted murder, first-degree assault and second-degree criminal possession of a weapon following a week-long jury trial.

Gavalo was convicted of exiting a minivan he was sitting in on October 1, 2006 outside Club Phenomenon at 62-43 30th Avenue, which is located adjacent to the Brooklyn Queens Expressway in an industrial section of Woodside. Gavalo walked in front of a Honda and began shooting into the front windshield and passenger side window.

Ernesto Salgado, 22, of Sunnyside was killed after being struck at least once in the chest, while driver Tony Morales, 24, of Woodhaven was critically wounded. Gavalo then fled from the scene in the minivan. The incident occurred after the victims had left the Fantasia nightclub, which is located in the same building as Club Phenomenon.

“The defendant, having been convicted of the cold blooded shooting of two young men as they sat defenseless inside a parked car, has forfeited his right to live in society,” said Queens District Attorney Richard Brown following the sentencing. “The lengthy prison term imposed today is right and just.”

Gavalo, who is unemployed, had faced as much as 50 years to life in prison. He was arrested and charged in the shootings about three months after the incident.

Salgado marked the third person to be fatally shot outside the club in a three-year period, and the eighth shooting victim there overall. In December 2006, the Club Phenomenon and Fantasia were shut down in accordance with the city’s nuisance abatement law following five-month investigation by the District Attorney’s office.

Over the course of a year, undercover officers made nearly three dozen arrests there for offenses including gun possession, drug sales and prostitution. That year, the club’s owners paid $15,000 in fines stemming from nearly two dozen citations for infractions such as noise complaints and disorderly conduct. “Far from being the ‘gentlemen’s club’ it presumes to be, the club has long been a hotbed for drugs, prostitution and gunplay and the subject of numerous complaints,” said Brown after the building was padlocked.

However, the club reopened for business last month, during the same week in which Gavalo was convicted for the shooting. A billboard on top of the building visible from the adjacent expressway advertises the reopening of Perfection Upscale Gentlemen’s Club.

Assistant District Attorney Karen Ross of the DA’s Homicide Trials Bureau prosecuted the state’s case against Gavalo. “I hope the victims’ families find some closure in knowing the person responsible for shooting their loved ones has now been held accountable for his actions and will probably spend the rest of his natural life in prison,” said Brown following last month’s guilty verdict.

Eight Charged with Illegal Dumping

Eight men, including a Woodhaven resident, were busted in January by the city for illegally dumping building debris and other items at locations throughout the city, announced Sanitation Commissioner John J. Doherty.

The DSNY Task Force, comprised of plainclothes police officers from the Sanitation Department, monitors known dumping locations and seizes vehicles used to violate the law. The January impoundments included three in Brooklyn, one in Manhattan and three in the Bronx – including a location where a Woodhaven man was busted.

When the department catches an illegal dumper, its officers can make arrests and impound the vehicles used. The vehicle owner is subject to severe fines and is held responsible for any actions involving the vehicle – regardless of whether they are present or not. Fines currently start at $1,500 and range as high as $20,000 per violation. In addition, the dumper must pay the city a cleanup cost for the materials, generally about $150 per cubic yard.

In January, the following individuals were charged with illegally dumping materials:

Francisco Morales, of Brooklyn, was caught dumping about 20 cubic yards of rocks and dirt in front of 929 Dean Street on January 12 using a 2009 Peterbilt flatbed truck.

Youlan Zhang, of Brooklyn, was caught dumping about two cubic yards of black bags containing commercial waste opposite 125 51st Street in Brooklyn on January 27 using a 1997 Chevrolet van.

Michael Petersen, of the Bronx, was caught dumping about 16 cubic yards of dirt and rocks opposite 157 Columbia Street in Brooklyn on January 29 using a 2000 dump truck.

In Manhattan, James Cole was caught dumping about two cubic yards of milk crates at W. 155th Street and Bradhurst Avenue on January 14 using a 2001 Ford E-350.

Luca Gambardella, of Yonkers, and David Reynosa Milord, of Woodhaven, were caught on January 12 dumping about four cubic yards of dirt and rocks in front of 3640 Provest Avenue using a 1998 dump truck.

Ted Hurst, of the Bronx, was caught on January 22 dumping about one cubic yard of black bags in front of 3531 Bronxwood Avenue using a 1990 Toyota box truck.

On January 30, Michael Rallis of Staten Island was caught dumping about three cubic yards of construction debris in front of 4359 DeReimer Avenue in the Bronx using a 1999 Dodge Suburban.

One of DSNY’s resources for combating illegal dumping is the Illegal Dumper Tips Program, which allows residents to fight back without placing them at risk. For details, call 311 or check nyc.gov/sanitation.

”Illegal dumping is against the law,” said Commissioner Doherty. “If you do it, you will get caught. The Illegal Dumping Task Force is the city’s front line defense against illegal dumpers who shamefully use our streets and lots as their personal dumping grounds.”

This Week's Forum South and West

Two Killed in DWI Hit and Run

Cops: Suspect Stole Car Before MV Wreck

By Conor Greene

A 16-year-old Middle Village boy was laid to rest today in St. John’s Cemetery after he and a friend were run down by a man who cops say sped down 80th Street in a stolen car while drunk and high on pills.

Robert Ogle, 16, of 62nd Avenue and Alex Paul, 20, of Cypress Hills, died after being hit early Sunday morning by a 2001 Kia Spectrum driven by 27-year-old Kenneth Guyear of Middle Village, according to police. Guyear had stolen the vehicle just minutes before the accident after its owner left it idling outside a deli on Woodhaven Boulevard.

Ogle, a student at Brooklyn Technical High School who aspired to become a journalist, died at the scene of the crime on 80th Street near 62nd Avenue – just blocks from his home, where the pair was headed after attending a nearby house party. Paul, described as an acquaintance of Ogle, was rushed to Elmhurst Hospital Center, where he later died.

Guyear, who police say admitted to drinking “five or six vodka drinks” and taking two Xanax pills earlier that evening, was charged with firstdegree vehicular manslaughter, first-degree assault, third-degree grand larceny and other charges. He faces up to 25 years in prison if convicted.

Ogle’s parents, Brendan and Mei, had become concerned when their son hadn’t returned from attending a house party on 80th Street and called police at about 12:30 a.m. At about 6 a.m., three detectives from the 104th Precinct showed up on their front door step with Robert’s school identification card to deliver the tragic news.

“You can’t even imagine this,” a distraught Brendan Ogle told reporters. “This is the worst thing we have ever dealt with.”

According to prosecutors, the events began at about 1:30 a.m., when three men left the Kia running outside a deli at Woodhaven Boulevard and Alderton Street. Guyear, who told police he is homeless, allegedly jumped into the vehicle and sped through the quiet residential streets of Middle Village towards 80th Street and 62nd Avenue where Ogle and Paul were walking.

Police say the victims likely didn’t see the vehicle before it struck them. After apparently trying to dislodge one of the bodies from the car, Guyear sped from the scene. Officers responding to the report of a stolen car stopped him near Dry Harbor Road and Woodhaven Boulevard, just blocks from where he stole the Kia. He was taken to the 112th Precinct stationhouse, where police say he later admitted to running the men down.

“I came from a party. I was drinking and got into a fight with my father and I stole the car,” said Guyear, according to statements released by the District Attorney’s office. “I drove and saw people. I slowed down and didn’t see them again… I have a drinking problem and a pill problem… I do three bags of cocaine per day and I smoke pot.”

Later in the interview, Guyear admitted to drinking “five or six vodka drinks” and taking two Xanax pills while at a party earlier that evening. “I stole the car that was parked on the street. I drove the car and saw the pedestrians but I didn’t think I hit anybody. I kept driving and then stopped the car and looked for blood on the car. I kept driving and the police stopped me.”

However, witnesses told the Daily News that Guyear put the car into reverse and drove forward several times in an apparent effort to dislodge one of the bodies. “Oh my God, there’s a body under the car,” the witness told the paper she recalled thinking. Witnesses also said that Guyear was laughing when cops arrested him about one block from the deli.

During his arraignment in Queens Criminal Court on Monday night, Guyear was ordered held without bail until his next court hearing on February 17. In addition, bail was set at $15,000 for an outstanding Brooklyn DWI felony case in which a warrant had been issued for his arrest.

According to police sources, Guyear has a long history of arrests and has been sent to Rikers Island eight times. He was arrested in October for stealing a motorcycle while drunk on Atlantic Avenue in Brooklyn, and was also arrested in 2006 for grand larceny auto, for which he served four months in Rikers Island. That year he was also charged with robbery and assault after participating in a robbery during which the victim’s ribs were broken.

“He shouldn’t have been out. It’s a shame,” lamented one police source. “Hopefully he will do a long time.” Those sentiments were echoed by Brendan Ogle. “Someone like that should be behind bars,” Ogle told the Daily News. “I hope there’s enough public outcry to put this guy and guys like him behind bars.”

During interviews with detectives, Guyear appeared defiant and without remorse. “I’ve been to Rikers a thousand times. I’m homeless. I live on the street,” he said, before telling one of the officers, “My attorney is going to have your job… You guys don’t know what you’re doing. You have nothing on me. You’re just locking me up for DWI? I’m gonna have your job. For a black cop you just follow what the white guy tells you.”

His myspace.com page contains repeated references to drugs and violence and contains images of Muppets holding guns. By Wednesday morning, that page’s privacy setting had been changed to restrict public access to it.

The Ogle family is well known in the neighborhood, and Robert was a top student at Brooklyn Tech, where his mother teaches foreign languages. He played football there until breaking his leg during his freshman year, and previously played with the Pop Warner Queens Falcons team. He had a part-time job at the New York Hall of Science in Flushing Meadows-Corona Park.

The family is a long-time member of the Juniper Park Civic Association, and Brendan Ogle, who works for the city’s Department of Information Technology, is an auxiliary police officer with the 104th Precinct. He has volunteered his services as an embroiderer to the civic association and with the Juniper Juniors group.

“This devastating case of two innocent young men being struck down by an allegedly drunken driver once again underscores the impact of a person’s decision to get behind the wheel of a car while under the influence of alcohol,” said Queens District Attorney Richard Brown. “Two families are now heartbroken.”

Senator Joseph P. Addabbo: "I'm Ready"

Pledges Tireless Service at Ceremonial Swearing In

By Patricia Adams

The official swearing in of Joseph P. Addabbo Jr. as state Senator took place in Albany on January 1. But the pomp and circumstance at the state capital could hardly replace the show of support and pride paid the new senator at a second ceremony held on Saturday morning.

The standing room only crowd comprised of family, friends and constituents filled the auditorium of PS 60 in Woodhaven, during the ceremonial swearing in for the new senator. Addabbo supporters were joined by a host of elected officials including Senator Chuck Schumer, Congressman Anthony Weiner, Manhattan Borough President Scott Stringer, former City Council colleagues John Liu, Liz Crowley, Eric Gioia, Assemblyman Andrew Hevesi and City Controller Bill Thompson.

One by one standing at the podium governmental colleagues showered praise on Addabbo. His commitment, fortitude, determination and integrity were all included their descriptive narratives. But then it came time to hear from the man himself Senator Joseph P. Addabbo. “Ladies and gentleman, thank you so much. The reason that we do ceremonial swearing in is to give me the opportunity to say thank you. Thank you, because you are the reason I am standing here today.”

Addabbo went on to thank the individuals who played pivotal roles in his campaign, his career and his life. He went as far back as his political science teacher from Archbishop Molloy, to the staff of PS 60 who painted the auditorium themselves for the special occasion, the choir of MS 210, his staff and the more than one-thousand volunteers who turned out on Election Day.

To his family Joe Addabbo gave the credit of not ever having been able to do it without them. But there were special thanks for one particular person. “I cannot do it alone. I definitely need someone behind me to support me 24/7,” said Addabbo. “And if you think I have a hard job, how about a working mother with a 2-year-old and a four-year-old. A husband in Albany—my wife is a phenomenal person and I want to thank Dawn for all she does and continues to do.”

Addabbo went on to thank all the elected officials who had spoken before him, joking that he would “pay them for their kind words later.” On a more serious note, the senator went on to thank one elected official who was not in the room, his father, the late Congressman Joseph P. Addabbo Sr.

“He taught me a lot about how to be a successful public servant and one thing he taught me was how to listen and act on what people are telling you; to look at a people’s problems not through our eyes but through their eyes. You can only see the magnitude and seriousness of the problem when you look at it from the person that comes to you.”

Sen. Addabbo went on to offer a pledge to his constituency---to listen to all the residents in his district and to act on their concerns and suggestions. “I promise to represent you to the best of my ability. That includes all the people, seniors, children, parents, the working people of my district, all of you.”

He also pledged to work tirelessly, every day and maintained that his policy of a 24/7 hotline will remain in effect because he believes that’s what the people are entitled to. And the new senator unveiled his plan and promises for the future. “I understand the job that I do. It has a long and strong impact on the people I represent. I understand the gravity of it all. So I’ll tell you this--- I’m ready.

Ready to make those hard decisions. Ready to stand up for education and to make sure we spend money properly for the programs in our schools and deal with mayoral control. That’s why we do our ceremony in a school today because education is so important.” Addabbo went on to cover more crucial issues.

“I’m ready to expand healthcare so that we can cover more people and make it more affordable. I’m ready to protect public safety throughout our community. Ready to protect the character of our communities and safeguard against destructive measures such as overdevelopment.”

And as he closed his remarks to the crowd, Addabbo offered a picture of the future. “We cannot let hard times stop us. We cannot be crippled we must move forward together and shape a positive future. We are New Yorkers. We face every challenge before us and we go forward. We must look at government differently; end party politics and work together to make things better for the people. That is the focus. When you come to me you will find an open hand, an open door and an open mind. I ask not only for your cooperation but for your patience. I am proud and deeply grateful to be your state senator.”

Ridgewood Assault Being Prosecuted as Hate Crime

By Conor Greene

Five Ridgewood residents have been charged with a felony gang assault for their role in the assault of a 17-year-old boy. Because the suspects yelled slurs at the victim during the attack, the attack is being classified as a hate crime by the Queens District Attorney’s office.

Erbi Kau, 20, Geri Duka, 16, Marsel Bode, 19, Eros Canaj, 17 and Emilian Gjikola,20, have been charged with second-degree assault as a hate crime, criminal possession of a weapon and menacing for allegedly attacking a teen on January 24 because they thought he was homosexual. Several other individuals involved were not apprehended.

According to the criminal complaint submitted by Officer Anthony Burzotta of the 104th Precinct, the perpetrators “intentionally selected” the victim due to their perception of his sexual orientation. As a result, the charges will carry a stiffer penalty due to the hate crime designation if the suspects are convicted. The victim told the officer that two individuals, who are still at large, approached him near the intersection of Fairview Avenue and Linden Street at about 3 p.m.

One of them called him a homosexual before punching him in the face. Eight other young men then approached him - including the five who were later arrested - and continued taunting and punching him. They fled from the scene when a witness yelled at them to leave the victim alone.

As he continued walking towards his home, the victim was again accosted by the large group of teens and young men. They all began calling him names and punching him until he fell to his knees. The suspects continued kicking and punching him while he was on the ground, causing a bloody nose, laceration to his cheek and substantial pain, according to the criminal complaint.

While on the ground, one of the suspects that remains at large swung a hammer at him, striking him in the back of the head. The victim was able to get the hammer away from his attacker and throw it to the side. The suspects again fled the scene when a witness yelled at them, and responding officers later recovered the hammer from the scene.

Except for Kau, who was held on $10,000 bond or $5,000 cash, the defendants were ordered held on $2,500 bond or $1,500 cash after their first appearance in Queens Criminal Court on January 25 and were due back in court this Thursday, February 5.

Restaurants to Post Letter Grades Under Health Inspection Rules

Customers will soon be able to tell what grade any of the city’s 25,000 restaurants received in their most recent health inspection simply by glancing at a sign posted in the window or doorway.

Mayor Michael Bloomberg and Deputy Senate Majority Leader Jeff Klein announced last weekend that the city is updating its restaurant inspection system in an effort to improve sanitary conditions and give consumers more information. About 1,000 people become sick each day from eating in city in restaurants, which serve about 800 million meals each year.

Under the new guidelines, the city Health Department will increase the number of inspections for less sanitary restaurants and will requiring all establishments to post letter grades in its window or vestibule. The latter measure has been championed by Senator Klein (D-Bronx), who has made restaurant safety one of his top priorities. Currently, the inspection scores are only available online or at the health department.

“Today’s announcement is a great step forward towards improving the overall public health of all New York City residents,” said Klein. “As someone who has spent years advocating for a more consumer friendly system, I am thrilled that New York City diners will finally have easy access to the latest inspection results of their favorite restaurants. Having a letter grade posted for all diners to see will provide a real incentive for restaurants with a ‘C’ hanging in the doorway to clean up their act.”

The new system will be phased in over the next two years to give restaurant owners time to comply with the requirements. In addition to using letter grades A, B and C to rate restaurants that pass inspection, the city will also increase the amount of times failing establishments are inspected.

“This approach will concentrate city resources on the restaurants that pose the greatest risk to public health and place no additional burden on establishments that maintain sanitary conditions,” the city said in a statement.

“We know New York City’s restaurants are the best in the world and we want them to also be the cleanest,” said Mayor Bloomberg. “This new system will encourage the less sanitary restaurants to clean up – and won’t punish the good guys. As sanitation improves, so will business. The more residents and tourists that can trust the food they buy in New York City restaurants, the more likely they are to patronize them.”

This year, Senator Klein plans to again introduce legislation that will require all local health departments across the state to implement a letter grading system, which is also used in Los Angeles. “Whether New Yorkers are dining out for a routine meal or to celebrate a special occasion, their only reservations should be to book a table,” he said. Since 2000, the senator has released regular reports called “Enough to Make you Sick,” which examines the sanitary conditions at city restaurants and supermarkets.

According to the city, extra scrutiny of city restaurants is warranted, as food-related illness “is a source of growing public concern” among residents. Complaints about foodborne illness have increased in recent years, and rodent infestations are a common problem in restaurants.

The Health Department reports signs of rodents in a quarter of restaurants inspected and estimates that more than 11,000 New Yorkers are treated in emergency rooms annually for restaurant-related food illnesses – at a cost of $130 million annually.

“By requiring restaurants to publicly post grades, the new food safety initiatives will help consumers make more informed choices about where to eat, while increasing restaurant operators’ motivation to stay clean,” said Dr. Thomas Frieden, the city health commissioner. “New York City will have safer restaurants and fewer cases of food poisoning.”

Research from other cities has found that requiring restaurants to publicly post inspection grades leads to increased business at establishments with higher grades, forces restaurants to improve their sanitary standards and results in fewer cases of food-borne illnesses.

The new model will also bring the city closer to the federal Food and Drug Administration recommended schedule of at least three full inspections every year for full service restaurants. Currently, most city restaurants are inspected just once a year.

Physician Admits to Role in Insurance Scam

Second Doctor Charged from Jamaica Clinic

A Middle Village physician has pleaded guilty to falsely charging insurance companies for costly medical tests never actually provided to motor vehicle accident victims.

Alexander Israeli, 57, of 61-59 Dry Harbor Road admitted on Monday to his role in the scheme, which took place at L&B Medical at 153-25 Hillside Avenue in Jamaica. He pled guilty to fourth-degree insurance fraud and is expected to receive a three-year conditional discharge when he is sentenced on February 25.

According to the charges, Israeli submitted seven insurance claims for costly nerve conduction studies and needle electromyopgraphs between January and December 2000 even though the procedures were never performed. The claims were submitted under the state’s no-fault law, which allows a person injured in a motor vehicle accident to receive up to $50,000 coverage for medical expenses incurred as a result. Most health providers are reimbursed directly by the insurance carriers for services provided.

As a result of the fraudulent claims submitted by Israeli, insurance companies paid out more than $21,000 to his employer, L&B Medical. Since he pleaded guilty to a felony, the New York State Department of Health’s Office of Professional Medical Conduct will commence action to revoke his license to practice medicine here. Among the insurance companies victimized by the scheme were GMAC, Kemper Auto and Home Insurance, Allstate and Geico.

“No-fault fraud and abuse is a billion dollar a year business in New York fueled by unethical health care professionals,” said Queens District Attorney Richard Brown. “Today’s guilty plea sends a clear message to those who are attempting to use the system for their own personal gain that law enforcement’s fight against insurance fraud is ongoing and those who cheat will be sought out and brought to justice.”

According to Brown, these types of cases are costing the average New York driver $300to $400 a year in higher insurance premiums “and are a major reason why New York’s automobile insurance coverage costs an average of nearly $2,000 per driver, the second highest in the nation.”

Israeli was the second physician charged, as a colleague, Dr. Yakov Raufov, was charged in May 2007 with grand larceny insurance fraud and falsifying business records. Dr. Raufov, 43, of Long Island, is scheduled to stand trial in March and faces up to seven years in prison if convicted. Israeli’s plea agreement came on the day his trial was scheduled to begin.

Man Convicted of '06 Home Invasion Rape

Linked to Richmond Hill Crime with DNA

A Far Rockaway man has been convicted of a 2006 rape in Richmond Hill after blood found at the scene was linked to his DNA, which was on file from a prior conviction. The man posed as a police officer while raping the woman at knifepoint.

Antonio Ortiz, 42, of 8502 Rockaway Boulevard was convicted last Friday of predatory sexual assault, first-degree rape, criminal sexual act, burglary and attempted rape following a three-week jury trial in Queens Criminal Court. He faces three consecutive sentences of 25 years to life in prison when he is sentenced on March 5.

“This case underscores yet again the crucial importance of DNA evidence,” said Queens District Attorney Richard Brown. “A drop of blood found at the crime scene was key to identifying the defendant and bringing him to justice. The maximum penalty is warranted for this defendant who is a violent predicate felon with prior convictions for both burglary and sexual assault.”

According to trial testimony, a 37-year-old woman was spending the night at a friend’s Richmond Hill home on August 24, 2006 when she awoke at about 3:30 a.m. and saw Ortiz – who had entered through a first-floor kitchen window. Ortiz, who was holding a knife, identified himself as police officer. When she tried to flee, Ortiz pushed her back on the bed and forcibly raped her. He then robbed her and the homeowner of jewelry, money and other items before fleeing.

A drop of blood recovered from the kitchen window ledge where Ortiz entered the apartment was matched to his DNA, which was on file with the national DNA databank following his conviction in a Brooklyn burglary. According to Brown, this also marks the first conviction in Queens County under the newly enacted predatory sexual assault statute, which enhances penalties for offenders who commit violent sex crimes while armed with a dangerous weapon.

The investigation was conducted by Detective Jon Hafner of the NYPD’s Queens Special Victims Squad with assistance from the 102nd Precinct.

DA Touts "Historic Decline" of Crime in Queens

Warns Officials of Impact Budget Cuts Would Have

At his recent legislative breakfast, Queens District Attorney Richard Brown boasted of the historic decline in serious crime in the borough, but warned that budget cuts could jeopardize this progress.

Brown held the annual breakfast for Queens elected officials last Friday in his Kew Gardens offices. Among those attending were city, state and federal officials, including Borough President Helen Marshall and Senate Majority Leader Malcolm Smith.

He began by announcing that crime in the county “continued its historic decline in 2008,” while at the same time Queens continues to lead the city in terms of prosecutions of many major categories. The trend includes a 3.7 percent decline in serious crime, led by a 10.9 percent drop in burglary. Overall, crime has been reduced by 34 percent since 2001 and 76 percent since 1993.

“Clearly, these figures – showing that the levels have remained near or below their historic lows – offer clear and compelling evidence that our law enforcement initiatives continue to have a profound impact in making Queens County one of the safest counties not just in the city but in the nation,” he said.

Brown attributed the dramatic reduction in serious crimes to several factors, including that criminal prosecutions – which include non-violent and quality-of-life offenses – in Queens County have now exceeded the 70,000 mark for the third straight year. In addition, Queens handles only 21 percent of the city’s violent felony prosecutions, but is responsible for nearly one third of the city’s violent felony convictions. The county’s felony conviction rate remains best in the city at 91 percent, while its dismissal rate of felony complaints and indictments was the lowest.

Looking forward, reducing gun violence continued to be among Brown’s priorities. To further this goal, he announced that he will hold a gun buyback program in the Rockaways on February 21. Individuals will be allowed to turn in guns no questions asked in exchange for $200. The program comes as homicides in Queens are on the rise, with 95 last year, 23 more than in 2007.

“In 2008, we took full advantage of recent state legislation that increased the penalty for possession of a loaded firearm – particularly with respect to repeat offenders,” he said. “Our success in this area is reflected in the fact that Queens County has the city’s highest conviction rate and second highest incarceration rate for gun possession.”

Brown also took time to tout several other “cutting-edge intervention and prevention programs” he has established. Among the programs are a felony gun court, a specialized gun trafficking investigative initiative, an Elder Abuse Project, which provides social service assistance to elderly crime victims, and an Elder Fraud Unit, which prosecutes crimes involving financial exploitation of the elderly, felony and misdemeanor drug courts, a fugitive enforcement program targeting bail jumpers, a school anti-violence program and specialized DNA-based prosecutions for sex crimes, burglaries and other offenses.

Not surprisingly in light of the national economic crisis, mortgage and real estate fraud has begun to be a significant program in Queens, said Brown. His Economic Crimes Bureau has been inundated with a growing number of such cases, many of which target the elderly. At the same time, other types of fraud and financial crimes have mushroomed in both number and scope, including identity theft and credit card fraud.

Last year, the Consumer Affairs Unit received nearly 1,200 reports from individuals and businesses who were victims of a variety of scams. “I am optimistic that by continuing the very successful strategies that we have employed in recent years we, together with our law enforcement colleagues, can make Queens County even safer in 2009,” said Brown.

He noted that more than 2,500 individuals visited the Family Justice Center in the first three months after it opened in July. “The families who have accessed the center receive case management, counseling, civic legal assistance and other services,” he said, noting that 38 percent of the clients were directed to his Domestic Violence Bureau for assistance in pursing a criminal prosecution.

Brown pointed out that his Domestic Violence Bureau has the highest conviction rate and the lowest dismissal rate of domestic violence cases in the city, and takes more pre-indictment felony pleas than the rest of the city combined. He also updated the officials on two pilot programs launched last year involving the use of electronic monitoring. Under Operation Exclusion Zone, certain individuals convicted of domestic violence are required to wear electronic ankle bracelets.

If an abuser crosses into a prohibited zone – such as near the victim’s house – an alert is transmitted to the monitoring company, which alerts the victim and calls 911so police can arrest the offender. A second program recently implemented uses a monitor to check whether an individual who has committed DWI or other alcohol-related crimes including domestic violence fueled by alcohol consumption – has an elevated alcohol level.

Brown used the meeting to remind the elected officials that the “repeated and substantial” city, state and federal budget cuts his office has suffered in recent years has continued due to the national fiscal crisis. “As a result of budget cuts since 9/11, we have been forced to substantially reduce costs just to maintain our core functions – things such as case intake, hearings, trials, appellate litigation and our highly specialized investigative initiatives,” he said. “And yet the reality is that arrests remain high.

Since 1993, arrests are up more than 70 percent. And new trends such as the increase of homicides and proliferation of gang activity and the increase of real estate and mortgage fraud cases require additional attention and resources.”

Brown concluded the meeting with a plea for help from the elected officials, who shape the budgets that fund his and other city prosecutor’s offices. “The bottom line is that we need you – more than ever before – to help us to get the resources necessary to continue to reduce the level of violence within the county and improve the quality of lives of our residents.”

Riders Give E Train a D-

The E Train has been given a D- grade by 4,511 customers who filled out Rider Report Cards in November for line, which runs from Lower Manhattan to Jamaica.

While the D- rating was unchanged from the line’s 2007 score, the 2008 customer satisfaction index of 81 percent was three points lower than the prior year. The top three priorities for improvement were adequate room on board during rush hour, minimal delays during trips and reasonable wait times for trains. However, because the line is at full capacity, those issues will not be resolved in the near future, according to the MTA.

“The E line, like the 2, 3, 4 & 5 lines, is at full capacity. Therefore, increased ridership on the line means increased crowding,” said NYC Trains President Howard H. Roberts, Jr. in a statement. “And therefore, we’re unable to make improvements with respect to our riders’ top three priorities. However, as more of the old subway cars are replaced by new R160 cars, our customers should experience more comfortable temperatures in cars.”

Until this week, all 11 lines for which a 2008 Rider Report Card has been issued received an overall grade of C or C-. So far, report cards have been issued for the A, B, D, J/Z, L, M and 2, 3, 4, 5 and 7 train line.

The program is in its second year and gives riders a chance to voice their opinion on a host of issues regarding the lines, including security, cleanliness of cars and stations and ability to hear announcements.

Several areas scored at least 90 percent: availability of MetroCard vending machines, ease of use of subway turnstiles, signs in stations that help riders find their way, lack of graffiti in stations, lack of graffiti in cars and sense of security in stations. However, categories for adequate room on board at rush hour and comfortable temperatures in subway cars declined from a D to D- and from C- to D+, respectively.

For details on the Rider Report Card, including a complete breakdown of scores, check mta.info.

This Week's Forum West and South

Residents Appeal to 104th Precinct for Help

Battling Burglaries, Vandalism, Drunks in Maspeth

By Conor Greene

Despite the bitter cold weather, a group of Maspeth residents descended on the recent COP 104 meeting to bring attention to issues including several recent burglaries and packs of unruly teenagers who they say terrorize the neighborhood after leaving a nearby bar every Monday night.

The meeting last Wednesday in Maspeth Town Hall began with a review of 2008 crime statistics within the 104th Precinct, specifically the seven major crimes: homicide, rape, robbery, felony assault, burglary, grand larceny and auto theft.

2008 Crime Statistics

Despite the major crime numbers being “through the roof in June,” the precinct finished the year down about two percent from 2007, according to its executive officer, Captain Ralph Forgione.

There were four homicides last year - all in connection with the Father’s Day fire on 69th Street - which equals the total from 2007. There were 18 rapes, up from 12 the prior year. In most cases, the victim knew the assailant, noted Captain Forgione. “It is not a serial rapist,” he told residents. “It wasn’t as bad as it seems.”

There were 297 robberies in 2008, down one incident from 2007. The precinct made big gains in fighting felony assaults, with 132 last year, compared to 159 the prior year, a 17 percent decrease. “We were very happy with that,” said Captain Forgione, adding that many of the incidents take place at or near bars.

There was also a large decrease in burglaries, with 387 last year compared to 456, a 15 percent decrease. “That is one of the hardest to fight,” said Captain Forgione. “You have two minutes to catch the person going in. The burglary team did an unbelievable job.”

One area that saw a spike in incidents was grand larcenies, which include theft of purses and other unattended property. There were 508 incidents in 2008, compared to 437 the prior twelve months, a 16 percent increase. “You would not believe how many people leave purses and wallets in their cars,” said Captain Forgione. There was a slight decline in auto theft, with 337 reported in 2007compared with 357 the prior year – a five percent drop.

However, the precinct scored a major victory in its battle against grand larcenies when officers from the 104th stationhouse apprehended a “career criminal” late last year. The man has been linked to 15 crimes within the 104th Precinct alone, and is suspected in upwards of 100 others just in this area. He had been grabbing wallets and purses from cars at gas stations as the victim was inside the store or pumping gas. He is wanted for incidents across Queens North and South, said Captain Forgione.

So far this year, there has been an increase in house burglaries, including several reports in Maspeth and Ridgewood. In most cases, the perpetrator enters the home through a rear door or window. “People are still leaving windows open, doors unlocked,” said Captain Forgione. “They’re going in the backyard and checking – if it’s open, they’re goingin.” Several of the incidents were near Fresh Pond Road and Madison Street, with the suspect entering second and third floor apartments via fire escapes.

Problems in Maspeth

The remainder of the meeting was dominated by issues raised by a group of a dozen residents from the neighborhood bounded by Maurice Avenue, 69th Street and the Long Island Expressway. Not only have there been several home burglaries in the past few weeks, the residents were left feeling as though the responding officers didn’t take the incidents seriously.

In one incident, a resident noticed a suspicious person inside his neighbor’s home, which was supposed to be unoccupied at the time. When the officers arrived, neighbors had the house surrounded and were afraid the perp was still inside. In their view, the responding officers did not take the situation seriously enough. “We weren’t feeling any kind of support,” said one resident. “We had to embarrass the officer to go in.”

Another problem is vandalism in overnight hours, including graffiti, smashed windows and damaged cars. According to the residents, the majority of the problems occur late on Monday nights, when O’Neill’s restaurant and bar is filled with customers, including many teenagers, enjoying their weekly hot wing special. “They just completely wreck the neighborhood,” said one resident.

Said another resident: “We know that George O’Neill has to make a living, but the feeling among people living here is that he has the cops in his pocket. Nothing is done about the drinking and the 18 and 19 year olds speeding off.”

Captain Forgione told the residents that he would reach out to Queens North to see if their DWI task force can be assigned to the area. He also promised to send patrol cars through the area, particularly on Monday nights. “I’ve never heard this complaint before,” he said. “I don’t want to hurt anybody’s businesses, but I don’t want anyone hurt either.”

Nobody from O’Neill’s was in attendance to respond to the complaints. On Tuesday, restaurant assistant manager Melissa Meadows said that no underage patrons are served alcohol and expressed doubt that the vandalism is caused by O’Neill’s customers. She said that the restaurant has received several complaints in recent days from neighbors who refused to leave their names.

“We are aware of the situation and had a couple of friends in last night to keep an eye on this,” she said. “The worst part about it is, the complaints we are getting are due to the fact that they [the customers] are of a different color other than Caucasian… The neighborhood people don’t like the fact that we have n’s and s’s in our neighborhood.”

Meadows said part of the problem might stem from the fact that many groups have to wait about 20 minutes to get a table due to the promotion’s popularity. “If they have to wait, we take their name and number and what they do is probably walk around the block a couple of times,” she said. “We have been dealing with this situation; I sat down with [owner] George [O’Neill] this morning and he’s very concerned about it.

“I wouldn’t want a bunch of underage kids sitting on my stoop waiting to eat wings, but it’s a very prejudiced neighborhood,” continued Meadows. “We are part of the community, the place has been here since 1928. We’re not looking for a bad reputation.”

Hero Firefighters save Four from Woodhaven Blaze

Children Recovering, Mother, Grandmother in Critical

By Patricia Adams

Fire officials say a two-alarm blaze in the three-family row house at 97-12 93rd Street in Woodhaven may have been caused by a lit cigarette. Investigators say the fire began in the rear bedroom of the second-floor apartment, sending flames out the front and back windows, and filling the floor above with intense heat, smoke and carbon monoxide.

Shortly before 5 a.m. on Tuesday morning, a frantic Veronica Montero was screaming to the 911 operator. The 28-year-old mother of two was trapped inside with sons Dylan, 5, and Carlos, 10. The operator tried to talk to her. “Can you get out?” “No,” she screamed, “Please I have two kids.”

Less than four minutes later, Engine Company 285 arrived at the scene. Deputy Chief Paul Ferro said that there had been numerous reports on the way to the fire that there were people trapped inside on the third floor. Engine Companies 285 and 293 began extinguishing the blaze while the outside team from Ladder 142 raised the ladder tower to get to the victims trapped inside.

Firefighters Mike Czech and Ed Rissland rode the bucket up to the third floor windows; breaking through the glass, they climbed through the windows. Inside the bedroom, Czech started feeling around for victims. “The smoke conditions were extremely heavy," said Czech. “I felt a foot— I knew it was a child. One of the kids was on the floor and the mother and that child were huddled up. The second child was on the bed next to them pretty much all in the same area.”

“We knew we couldn’t get them out through the inside,” said Ed Rissland, “There were three victims and only two of us. So I went back out to the bucket and Mike passed them out to me.” At the same time, down on the ground, Lt. Mike Fitall of Ladder 143 was making his way up the interior stairs of the building to another victim. The 59-year-old grandmother lay motionless, face down on the floor, halfway in and out of the apartment’s front door.

Fitall was crawling on the floor when he felt the woman’s arm. With help from Doug Caffarone of Ladder 143, they got the woman out to Lt. Tim Murphy and Jay Griffiths, both of Engine 294. “When we got her downstairs, I knew she needed a breath,” Fitall said, “she was real red.” The victim was in cardiac arrest and Murphy and Griffiths administered CPR and mouth-to-mouth resuscitation. “It was a great thing to watch her come back to life,” Griffiths said.

Firefighter Doug Caffarone explained a part of the job that isn’t found in the training manuals or when working with mannequins. “When you have reports of children you get to a different level. You go into that mind-frame - you have to search a certain amount of rooms. You just go in there and do what you know how to do.”

Four victims were taken to area hospitals be- fore being transferred to Weill Cornell Burn Center in Manhattan for treatment in a hyperbaric oxygen chamber. As of Tuesday evening, the condition of both children was up-graded to stable, while their mother and grandmother were still listed in critical condition.

At the close of the press conference on Tuesday afternoon, Deputy Chief Paul Ferro addressed reporters and camera crews.

“I would just like to impress upon you that I was in front of the building and I witnessed the whole rescue. It was an extremely spectacular rescue,” Ferro said. “There was heavy fire underneath them and coming out the front and back windows. These guys placed themselves in very great danger.” Ferro continued on, “Watching children come out the windows was a very tragic thing, But it looks like it’s gonna turn out to be a great day in the city and a great day for the fire department thanks to these guys behind me.”

At the end of the press conference all the firefighters involved in the rescue were quick to shrug off their hero status. “This is a team effort. It’s wasn’t just Mike and me,” Ed Rissland said. “It was every guy here, doing what we do.”

“We’re just thankful that it turned out the way it did,” said Czech. “Whenever there are kids involved and things work out, you’re always thankful. Very thankful.”

And as though it had been officially adopted as the new motto of the FDNY, the corps of press heard it once again - the five words that explain simply how the lives of an entire family were saved. “It’s just what we do.”

Rally to Save Local Hospitals

Caritas Sends Notice of Pending Closings at St. John’s and Mary Immaculate

By Conor Greene

Shouting “Governor Paterson Shame on You” and waving signs to cars passing by on Queens Boulevard, hundreds of employees, residents and elected officials rallied outside St. John’s Hospital on Saturday in hopes of saving the bankrupt facility.

A similar rally was held on Tuesday on the steps of City Hall, and a third event is scheduled for Saturday in front of Mary Immaculate Hospital in Jamaica. Both hospitals are owned and operated by Caritas Health Care, which says it is forced to close the facilities because they are losing millions of dollars each year.

“We need to show Governor Paterson that St. John’s and Mary Immaculate are needed in the community,” said Myrna Bailey, administrative director of clinical services at St. John’s. “Losing 400 beds, a nursing home and trauma center is not acceptable.”

News of the hospital’s dire economic situation first came during Queens Borough President Helen Marshall’s state of the borough address several weeks ago. Caritas’ board of directors has since voted to give hospital executives permission to file for bankruptcy by the end of the month and close the facilities if “no other sources of funding can be identified,” according to a statement released by the health care system.

In addition, the board also authorized hospital executives to submit a draft closure plan to the state Department of Health, which is required before the hospital is allowed to close, and letters were mailed to all employees notifying them of the possible closures.

“Recognizing the serious, far-reaching consequences of these actions, the Board voted to take these measures reluctantly only after exhaustively examining all other options and determining that sufficient funds likely will not be available to present a viable alternative,” Caritas wrote. “Due to the unexpected financial difficulties resulting from the depth of the economic downturn, and its resulting unanticipated severe impact on the State and City’s ability to provide sufficient additional funding... a permanent shutdown of its operations may be necessary.”

The 2,500 employees at St. John’s and Mary Immaculate hospitals were informed in a January 23 letter from Caritas Chief Executive Officer John Kastanis that their employment with Caritas “will permanently terminate between February 14 and February 28” in the event of a shutdown.

Aside from the two hospitals, the closures would affect the 115-bed Monsignor Fitzpatrick Skilled Nursing Pavilion at Mary Immaculate and related medical practices and businesses in Elmhurst, Flushing and Jamaica, wrote Kastanis. In addition, Mary Immaculate is a level-one trauma center and also houses a cancer institute, while St. John’s is a certified stroke and heart failure center and has the only hyperbaric oxygen therapy unit in Queens.

In 2008, St. John’s had 48,000 emergency room visits, 7,000 surgeries, 1,227 deliveries, 14,000 discharges and 50,245 clinical visits. Mary Immaculate’s emergency room served another 50,000 patients last year.

According to Councilman Tony Avella’s office, which organized Tuesday’s rally at City Hall, the state and Governor Paterson’s office have yet to provide an update on the possibility that emergency funding could be released to prevent the closures. Marshall’s office has also been in touch with the state DOH on a nearly daily basis, but didn’t have any additional information on the funding request. However, a source at St. John’s said that the hospital is prepared to begin the closing process this Friday, meaning it might begin accepting people on an elective basis only.

The rally in front of St. John’s last Saturday was attended by hundreds of staff members and residents, along with elected officials including Avella and City Comptroller William Thompson (both men are mayoral candidates this year), State Senator Shirley Huntley, Assemblyman Michael DenDekker, Senator Toby Ann Stavisky, Assemblywoman Marge Markey and Councilwoman Elizabeth Crowley.

“We have to make sure the people of this city are protected,” said Avella. “This shouldn’t be about money... This is a battle that must be won no matter what.” He called working to keep the hospitals open a “top priority this year and beyond.”

Huntley stressed that the hospital is needed in the area, and suggested that other public officials aren’t doing enough to protect healthcare facilities. “I’m concerned about this hospital because we have people who need this hospital,” she said. “It makes you sad when we elect people who could care less about healthcare. We need to think about that.”

“Don’t let them tell you it’s about money,” said Thompson. “It’s not just about dollars and cents, it’s about people. We are here today to say no... The state has put dollars ahead of people, and we’re not going to allow this.”

Dr. Salman Aly, chief resident at St. John’s, said the impact of a closure would be “tremendous,” especially considering the facility is “packed” on a regular basis. “It’s going to be a substantial loss. We serve an under-served community. We put our hearts and souls into serving the community. The public needs to realize that we need their help... You can say that Elmhurst [Hospital] can take care of it or Jamaica [Hospital], but they’re already overcrowded.”

The two hospitals are losing a total of about $5 million each month and have received $44 million in state grants and loans in the past two years.

News of the potential closures comes just months after the closure of another Queens facility, Parkway Hospital in Forest Hills, which had 251 beds. Officials at North Shore-Long Island Jewish Health System are exploring a plan to acquire the two failing hospitals and replace them with a state-of-the-art hospital in central Queens.

Forest Park Senior Center Funding Woes Puts Seniors at Risk

By Patricia Adams

A struggling economy and a “stretched to the limit” budget continue to threaten the delivery of crucial city services. But at the Forest Park Senior Center, patrons and directors are not only worried about ‘money problems future’. It seems they’re still plagued by ‘money problems past’---they haven’t received funding to run this year’s program, the money for which was promised from last year’s pot of money.

The center’s longtime director, Donna Catalbiano, says that the need for the money was close to forcing the doors shut. Out of almost $250,000 promised to the center through state and city money, including $100,000 from the Office of the Borough President, Catalbiano still hadn’t received anything.

But on Monday Catalbiano got a call from the State Department of Aging to inform her that the city funding from the office of the Borough President is being released. And so for the Forest Park Senior Center, help is on the way. With one crucial piece of the funding puzzle having been pieced together, Catalbiano says she is now working to get access to the other funds. “The $100,000 that’s coming from the city has to be used by June 30.” After that Catalbiano says, “the money is lost.”

Another large sum of funding the center is waiting for is a $75,000 allocation from the state Senate originally put in place by Serf Maltese. “We need to get that money down here as well,” said Catalbiano. The discrepancy she says is that the state has said that there are paperwork issues and that is why she hasn’t received the funding.

Senator Joseph Addabbo, who replaced Maltese with a November election victory, told The Forum that “The center has not lost the money. Once the paperwork is settled, my office will be happy to expedite the processing and get this funding where it belongs.” The new deadline for filing is February 2. Sen. Addabbo said his office is also available to help with the paperwork should the center need any assistance. Another $45,000 in member items, $30,000 from Assemblyman Anthony Seminerio and an additional $15,000 from Maltese still hangs in the balance but for now, the center will remain operational, without the threat of closure hanging over its head.

But even as the immediate threat of closing down fades away, the regular crowd of those who flock to the center three to four days a week, are still deeply upset with even the slightest possibility that they could lose what some say is the reason for existing.

Mary Galante, 82, spoke frankly about the center’s problems. “We’re not getting funded. That means the center will close. This is our second home.” Mary lives in the area and comes to the center faithfully four days every week. “I don’t know what I would do. I live alone and this is what I have to look forward to. This is family.”

She has been coming to the center for 18 years and says that so many wonderful friendships have been forged over the years. “If someone doesn’t show up for the day we call to see what happened and if everything is ok. We look out for each other. If someone is sick or in the hospital we call and send cards. And when someone passes away,” Mary explains, “we know about it and we deal with it together.”

The sentiment seems to flow through the room where everyone is accepted. An introduction by Mary to friends Tony Parisi, 86 and his wife Maria, 84 revealed that the couple has also been coming to the center for the past 17 years. “We walk 17 blocks to get here,” said Tony. “The exercise is good. This is my wife, Maria, today is her birthday,” he says with a loving gaze. Tony is well known throughout the center for his singing which he shows off usually on a Wednesday when the band is around. Tony and his wife often share a spot on the dance floor on Wednesday afternoons.

“You know, it would be so hard without the center,” Mary said. “It would be so boring. I mean your kids come to visit you but it’s not the same. You need your friends. And you need a place to hang out.” In the middle of explaining why the center is so important Mary is interrupted by Tony ---it’s time to serenade his beautiful wife for her birthday. Of course everyone joins in.

Hanging out senior-style at the Forest Park Center includes bingo, cards, trivia, movies, music, dancing, eating , sharing stories, and of course the opportunity to spend time with some very colorful characters. Take Louie “Cassanova” for instance. The 83-year-old travels by bus from his home in Ozone Park to get to the center everyday. “I come for the girls,” he quips. A smile on his face is quickly replaced with a stare that reflects what he is thinking---that the center may one day close because of budget problems.

But it seems that here there is a spirited group of seniors who stick together and whose friendships are prepared to outlast any financial crisis that comes their way. That spirit may best be personified by 83-year-old legally blind, Joseph Palladino, the notorious “Kissing Bandit.”

“Ask me for my business card,” Joe says, “come on and ask me.” And of course you fall for it. “OK Joe, may I please have your business card?” Suddenly you are being hugged and a kiss is planted on your cheek. In your hand you will find a white card with a red rose on it. It reads, you have been kissed by the notorious Joseph Palladino. Have you received your Vitamin K today? Vitamin K—kisses. Please don’t call 911. Call Joe.

Joe, Mary, Tony, Maria Louie and all of their friends may not have a wealth of funding but they have certainly found riches within each other and in their home away from home.

Weiner Rips State Child Support Fee

Single parents who turn to the state for help chasing down child support payments are currently hit with a $25 fee, something a local congressman hopes to change.

Rep. Anthony Weiner (D-Queens) held a press conference on Sunday to slam the fee, which he said affects hundreds of thousands of parents who rely on the state Division of Child Support for help receiving payments due to them.

“It is wrong to place an additional tax on struggling families,” said Rep. Weiner. “New York’s middle class are already getting hit with rising energy and property bills and spiking transportation and food costs. Our first reaction simply cannot be to raise another tax on these families.”

The problem started in 2005 when Congress cut billions of dollars in federal aid to child support enforcement. To cover the gap, Congress gave the states the option of passing the cost on to either the receiver of child support or the payer, or to simply pay the fee itself.

In October 2008, the state decided to charge a $25 fee to single parents and their children who collect child support. In New York State, an estimated 287,000 families - including 113,000 in the city - potentially pay this tax, according to Weiner. The fee only applies to families who receive at least $500 in support in a year and have not received public assistance.

At the press conference on Sunday, Lisa Bongiorno, a 44-year-old single mother from Queens who is juggling three jobs while trying to get her daughter through college, said it’s outrageous that money intended to help support her child was taken away. “Every cent towards these children counts. It is ridiculous that this fee is being imposed upon the children and literally taking food out of their mouths.” Bongiorno argued that dead beat parents who refuse to make payments should be responsible for the fee instead of parents receiving support.

Weiner is pushing for $1 billion to be included in the federal stimulus plan for the child support enforcement program. He also wants to prohibit states from charging the fee on to the receiver of the child support.

The bill will be co-sponsored by Senate-designee Kristen Gillibrand (D-Hudson), who was recently appointed by Governor David Paterson to fill the seat vacated by Hillary Clinton. “While families across New York are struggling with the effects of an economic slowdown, the government should not be taxing money intended to help children,” said Gillibrand. “The budget deficit should not be balanced on the backs of single parents."