Courts

President of Strong Island Rescue Frankie Floridia, the Pit Bull Chocolate and SCSPCA Detective Jennifer Pape at the Animal Medical Hospital of Centereach. Photo by Kyle Barr

A dog who was maimed after a knife attack in Brentwood has found safety with a Centereach animal hospital and a North Shore-based animal rescuer.

At about 5:30 a.m. Nov. 20, Suffolk County police responded to a domestic dispute in Brentwood, according to a release put out by SCPD. Malik Fields, 25, was allegedly involved in a dispute with his girlfriend during which police said he stabbed two of the family’s six dogs. Detective Jennifer Pape of the Suffolk County Society for the Prevention of Cruelty to Animals was also brought onto the scene by SCPD when it was discovered one pit bull named Storm had been stabbed and was bleeding profusely, according to Pape. Fields’ family brought Storm to a West Islip animal hospital where he was euthanized.

“Stabbing cases are rare, but in a year we investigate about 3,000 animal cruelty complaints,” Pape said. “It’s heart wrenching — it’s why I do what I do. They’re innocent, it’s why we need to protect them.”

Several hours after the initial disturbance, after authorities had already left, Fields’ family discovered another pit bull named Chocolate had also been stabbed, according to Pape. The family called Frankie Floridia, president of Sound Beach-based Strong Island Animal Rescue League, seeing if he could help take the dog to a veterinarian. Floridia called Pape, who rushed back to the scene. Soon after, the family brought the dog to the Animal Medical Hospital of Centereach at about 1:45 p.m. where Chocolate immediately went into surgery.

“I knew one dog had passed away and so we had to go fast to make sure everything was OK with the [other] dog, that was my main concern,” Floridia said.

Chocolate received a 12 inch laceration across his left shoulder. Photo by Kyle Barr

Veterinarian Dr. Charles Greco said the dog had a 12-inch laceration deep along his shoulder that had cut into his left-side deltoid muscle. After being sedated, Chocolate was out of surgery after approximately 30 minutes. The veterinarian said he performed the surgery pro bono, yet this wasn’t the worst case he’s seen in his career.

“I had one case years ago where a dog was stabbed 40 times,” Greco said. “This dog had nothing to do with this [dispute], he just happened to be there.”

Chocolate is now in stable condition and is in the care of Floridia, who said he had been told by the family the dogs did not instigate or intimidate Fields. Despite the harm inflicted upon the young pit bull, Chocolate is still friendly and calm among strangers, willing to sniff their pants legs and walk around freely.

Fields was charged with two counts of aggravated cruelty to animals, according to the SCPD. He was arraigned Nov. 27, though Field’s lawyer could not be reached for comment. An order of protection was issued for the dogs by the Suffolk County District Attorney’s Office, which prevents Fields from interacting with the four other dogs, who were uninjured at the alleged incident and are still living with the family at the Brentwood house. In the meantime, Floridia did not want to give details on his plans for the dog, but he said he will work to make sure Chocolate goes to a caring home.

“We have good plans for him,” he said. “I’m going to do what’s best for the dog.”

Suffolk County District Attorney Tim Sini announces charges related to illegal dumping scheme. Photo from DA's office

Long Island homeowners who thought they were getting free, clean fill for their properties off Craigslist may have learned if the offer seems too good to be true, that’s because it was.

Suffolk County District Attorney Tim Sini (D) announced a 130-charge indictment Nov. 26 against 22 individuals and nine corporations who allegedly cooperated in a massive conspiracy to illegally dispose of solid waste in 24 locations spanning Suffolk and Nassau counties.

“What we’re dealing with here is an epidemic of illegal dumping in Suffolk County,” Sini said. “It’s gone on far too long, and our message is very clear: We will not tolerate this criminal conduct in our county. We will do whatever it takes to uncover illegal dumping.”

Smithtown resident Anthony Grazio acted as “dirt broker” in the island-wide dumping scheme. Photo from DA’s office

The conspiracy was allegedly led by Smithtown resident Anthony Grazio, 53, also known as “Rock,” who acted as a dirt broker by arranging for locations where trucking companies could illegally dispose of their solid waste and construction debris, according to Suffolk prosecutors.

An investigation dubbed Operation Pay Dirt, which involved the district attorney’s office, New York State Department of Environmental Conservation and Suffolk County Police Department, launched in February 2018 revealed Grazio was allegedly posting ads on Craigslist and other websites offering “free, clean fill — free delivery,” in addition to stating it was “certified and approved for residential and commercial use.” Grazio allegedly worked with Vito Fragola, 44, of Commack, to also post a sign on a tree outside a home on Wilson Boulevard in Central Islip to advertise “free clean fill,” in February 2018, according to court documents.

When a Long Island homeowner or business expressed interest in fill for landscaping projects, Grazio and owners or operators of nine different trucking companies would discuss the potential of the site and the amount of material that could be dumped there from New York City construction and demolition sites, according to the district attorney.

“The bigger the property, the better for the defendants as this scam was all about making money,” Sini said. “When an ideal property was found, Grazio could often be heard directing his co-conspirators to ‘hit it hard.’ Grazio approved material being dumped at residential locations even when notified that the material smelled like diesel fuel or had pieces of wood, asphalt, concrete, large boulders or even glass contained in the material.”

Investigators claimed after dumping contaminated fill on a property, Grazio and his co-conspirators allegedly went as far as to provide the homeowners with false laboratory reports stating the material was clean or cover it with a layer of topsoil to ensure grass could grow. In other cases, the truck owners and operators were allegedly caught having phone discussions on how to cover up the hazardous materials being moved about to prevent detection of the illegal dumping.

Out of the 24 locations identified to be impacted by the scheme, the district attorney’s office said 19 were residential properties, four commercial and one school in Roslyn Heights.

“They did this to make money, they did this to save on operating costs, and they did it at the expense of the health of our residents,” Sini said.

Testing performed by the DEC found fill at six locations was positive for acutely hazardous substances, mainly pesticides, with 17 sites containing hazardous substances under the state’s Environmental Conservation Law. These hazardous substances included arsenic, lead, copper, nickel, mercury and other metals.

Map of all illegal dumping sites. Photo from DA’s office

“Illegal solid waste dumping poses a serious threat to New York’s environment and burdens communities across Long Island,” said DEC Commissioner Basil Seggos.

Among North Shore individuals charged alongside Grazio and Fragola for being involved in this alleged scheme were: Alix Aparaicio Gomez, 50, of Huntington; Anthony Grazio Jr., 19, of Smithtown; Michael Heinrichs, 48, of Port Jefferson Station; Robert Hirsch, 43, of Commack; Joseph Lamberta, 68, of Hauppauge; Steven Nunez Genao, 24, of Port Jefferson Station; Milan Parik, 46, of Centereach; James Perruzza, 18, of Northport; Frank Rotondo Jr., 47, of Miller Place; Thomas St. Clair, 51, of St. James; and Robert Walter, 31, of Nesconset.

The top count on the indictment is second-degree criminal mischief, which is a Class D felony, and, if found guilty, carries a maximum sentence of up to seven years in prison.

A Larkfield Road home is at the center of a lawsuit by its two former owners against Town of Huntington, Councilman Eugene Cook and his two business partners. Photo by Sara-Megan Walsh

Two former East Northport landowners are suing Huntington Town, Councilman Eugene Cook (R) and his two business partners for $5 million over alleged loss of property rights.

A federal lawsuit filed Sept. 11 in U.S District Court for the Eastern District of New York claims that town officials have intentionally overlooked zoning code violations at a multi-family home on Larkfield Road — but only after it was purchased by TGJ 2014 LLC in 2014. The company is owned by Cook and two business partners, Huntington real estate agent Timothy Cavanagh and Commack attorney Joshua Price.

The former homeowners, Mary Ann Dellinger, of Huntington, and her brother, Carmen Tomeo, allege the town officials’ efforts to unfairly enforce zoning codes on the five-family dwelling caused them to lose money in the sale, according to their attorney Christopher Cassar. The house was purchased for $400,000 by TGJ 2014.

“This house was their primary asset,” Cassar said.

The plaintiffs claim the Larkfield Road home’s use as a multi-family dwelling predates the creation of Huntington Town code in 1934, according to court documents. Cassar said the family has a March 11, 2007 letter from the town which grandfathered the property’s right to be legally occupied as a five-family residence.

The lawsuit alleges town code enforcement officers began to issues summonses in 2012 against the property owners demanding it be returned to a single-family home, despite earlier promises.

“Town of Huntington has permitted and tolerated a pattern and practice of unjustified, unreasonable and illegal use of the enforcement of town code against the plaintiffs,” the lawsuit reads.

Cassar said the town’s actions caused Dellinger and Tomeo to have difficulty selling the house, as two prior deals fell through. One potential buyer would have paid $900,000 for the property, according to Cassar, half a million more than Cook and his partners paid.

The former homeowners also claim the $5 million sought is for damages including loss of income from the property, loss of property value, embarrassment, harrassment, loss of liberty and infringement of their property rights, according to court records.

In 2015, town officials  hired attorney Edward Guardaro Jr., of the firm Kaufman, Borgeest & Ryan LLP, to look into the East Northport house, to determine whether it was a legal rental and if the work being performed was legal.

Cassar said the town has issued a summons on the property, since Cook and his company took ownership, over issues with an exterior staircase and debris. However, the attorney said the town did not ever issue a code violation against it for being a multi-family dwelling.

Huntington has not been served with the lawsuit as of Sept. 20, according to town spokesman A.J. Carter, and he declined to comment further on the matter. Cook also declined to comment on the lawsuit after the Sept. 19 board meeting, as did Cavanagh. Price returned calls but did not comment on the matter.

Congressman supports end of ‘dreamer’ policy, preaches sensible border security fix

U.S. Rep. Lee Zeldin. File photo by Kevin Redding

By Alex Petroski

The heated debate over immigration is nothing new in the United States, or in Suffolk County for that matter, but the discussion has been enflamed and accelerated by a decision President Donald Trump (R) floated, walked back and ultimately left in limbo regarding the Deferred Action for Childhood Arrivals program this week. Zeldin addressed challenges with improving immigration policy during an exclusive interview with TBR News Media at the end of August, and also weighed in on the possible phaseout of DACA this week.

The DACA program was enacted in 2012 during former President Barack Obama’s Democratic administration as a temporary solution to the dilemma about how to handle the immigration status of individuals who were brought to the U.S. illegally at a young age, rendering their decision to cross the border as out of their hands. The policy granted “dreamer” status to roughly 800,000 individuals, retroactively. This week, Trump announced via Twitter his intentions to phase out the program within six months, though few details were offered, and since then the president has backtracked, signaling to Congress he would like for them to come up with a solution.

“Many of these children involuntarily came to our country very young, have been here for a long time, go through our education system, love our country and are looking to stay here and greatly contribute to our economy and nation’s future,” Zeldin said in a statement. “What I struggle with the most is how you can possibly allow someone illegally in our country to be given preference over someone who is not in our country solely because that individual abroad is following the rules and respecting our laws, and as a result, they are not yet here.”

“If you want to come to America and pursue the American Dream, follow the rules.”

— Lee Zeldin

The decision by Trump has drawn criticism from both sides of the aisle for both the seeming lack of compassion for the group of mostly young people who have made a life in the U.S. and know the country as their home, and for the flippant nature of making the announcement on social media. Zeldin said it is a challenging issue because dreamers have established a life in America and were brought here involuntarily, though he said allowing them special treatment creates an unfair dynamic for those attempting to come to the U.S. legally.

“I support legal immigration,” he said. “I oppose illegal immigration. If you want to com se to America and pursue the American Dream, follow the rules. If you commit a crime and are deported, don’t come back. Every nation’s backbone is its rule of law. It is great to pursue the American Dream and to consider yourself a dreamer and everyone in the United States legally should consider themselves dreamers.”

Zeldin said in his statement and in August he would be open to discussion for ways to repair what he said he views as a flawed immigration system.

Referring to Trump’s campaign rhetoric and statements he has made since taking office, Zeldin said he wished the conversation on immigration and border security could get past “build a wall” versus “don’t build a wall.” He criticized Trump for a lack of publicly stated details regarding a border wall, citing natural barriers like rivers and mountains, which already secure large portions of the U.S.-Mexican border.

“If we sat down with [Trump] and had a conversation and he says, ‘We should put a 30-foot wall in the middle of the Rio Grande,’ that would be different,” Zeldin said. The 1st CD representative said he would be in favor of strengthening existing fencing in areas, building a new barrier in vulnerable areas and even utilizing some electric fencing to secure the border.

When asked if he thought Trump had the ability to advance immigration reform in a bipartisan fashion, Zeldin said he wasn’t sure because he hadn’t spoken directly with Trump on the issue, and his public statements lack specifics.

By Nancy Burner, ESQ.

Nancy Burner, Esq.

Being hyperfocused on avoiding probate can be an estate planning disaster. First, what exactly is “probate”? Probate is the legal process whereby a last will and testament is determined by the court to be authentic and valid. The court will then “admit” the will to probate and issue “letters testamentary” to the executor so that the executor can carry out the decedent’s intentions in accordance with the last will and testament.

That usually involves paying all funeral bills, administrative expenses, debts, settling all claims, paying any specific bequests and paying out the balance to the named beneficiary or beneficiaries. Avoiding probate can be accomplished by creating a trust to hold your assets during your lifetime and then distributing the assets at your death in the same manner and sequence as an executor would if your assets passed through probate.

Typically, this would be accomplished by creating a revocable trust and transferring all nonretirement assets to the trust during your lifetime, thereby avoiding probate at your death. Retirement assets like 403Bs, IRAs and nonqualified annuities are not transferred to revocable trusts as they have their own rules and should transfer after death by virtue of a beneficiary designation.

Retirement assets should not be subject to probate. The designation of a beneficiary is vital to avoid costly income taxes if retirement assets name the estate or default to the estate. The takeaway here is that you should make sure that you have named primary and contingent beneficiaries on your retirement assets.

If you name a trust for an individual, you must discuss that with a competent professional that can advise you if the trust can accept retirement assets without causing adverse income tax consequences. Not all trusts are the same.

Avoiding probate can be a disaster if it is not done as part of a comprehensive plan, even for the smallest estate. For example, consider this case: Decedent dies with two bank accounts, each naming her grandchildren on the account. This is called a Totten trust account. Those accounts each have $25,000. She has a small IRA of $50,000 that also names the grandchildren as beneficiaries. She owns no real estate. Sounds simple, right?

The problem is that the grandchildren are not 18 years of age. The parents cannot collect the money for the children because they are not guardians of the property for their minor children. Before the money can be collected, the parents must commence a proceeding in Surrogates Court to be appointed guardians of the property for each child. After time, money and expenses, and assuming the parents are appointed, they can collect the money as guardian and open a bank account for each child, to be turned over to them at age 18. The IRA would have to be liquidated, it could not remain an IRA and the income taxes will have to be paid on the distribution.

I do not know of a worse scenario for most 18-year-old children to inherit $50,000 when they may be applying for college and seeking financial aid, or worse, when deciding not to go to college and are free to squander it however they want.

If the grandparent had created an estate plan that created trusts for the benefit of the grandchild, then the trusts could have been named as the beneficiaries of the accounts and the entire debacle could have been avoided. The point is that while there are cases where naming individuals as beneficiaries is entirely appropriate, there are also times that naming a trust as beneficiary is the less costly option, and neither should be done without a plan in mind.

When clients have a large amount of assets and large retirement plans, the result can be even more disastrous. Consider the case where a $500,000 IRA names a child as a direct beneficiary. If a properly drawn trust for the benefit of the child was named as beneficiary, there would be no guardianship proceeding and the entire IRA could be preserved and payments spread out over the child’s life expectancy, amounting to millions of dollars in benefits to that child over their lifetime. If payable directly to the child, there will be guardianship fees and the $500,000 will likely be cashed in, income taxes paid and the balance put in a bank account accruing little interest and payable on the 18th birthday of the beneficiary.

The concern is that individuals are encouraged to avoid probate by merely naming beneficiaries but with no understanding of the consequences. At a time when the largest growing segment of the population is over 90, it does not take long to figure out that the likely beneficiaries will be in their 60s, 70s or older when they inherit an asset.

Thought must be given to protecting those beneficiaries from creditors, divorcing spouses (one out of two marriages end in divorce) and the catastrophic costs of long-term care. Whether the estate is large or small, most decedents want to protect their heirs. A well-drafted beneficiary trust can accomplish that goal.

Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office.

Stephen Ruth Jr. reached a plea deal for tampering with red light cameras, which will place him on probation for a year in lieu of prison time. Photo from Stephen Ruth Jr.

The merry adventures of Suffolk County’s “Red Light Robin Hood” continued last week as the Centereach resident who took matters into his own hands by tampering with red light cameras across county intersections struck a plea deal with prosecutors. The agreement reached will place him on interim probation for one year in lieu of any prison time.

Stephen Ruth Jr., who has been crusading against the county’s red light camera program since 2015 in an effort to “take the power back” by exposing what he considers government corruption and helping save Suffolk resident’s lives — for which he’s been called a domestic hero on social media — pleaded guilty in Riverhead Feb. 8 to a felony charge of criminal mischief.

Red light cameras along Route 25A, which is where some of the cameras were located that Stephen Ruth Jr. tampered with. File photo by Elana Glowatz

Since the county first installed red light cameras at busy intersections in 2010, which snap flashing photos of cars that run a red light or don’t come to a complete stop before turning right on red, they’ve been widely opposed across the county.

Ruth, who’s become the boastful face of the opposition — as evidenced by his smiley mug shot after first tampering with the devices in 2015 —has consistently called for the program’s repeal before the Suffolk County Legislature. He said the cameras and shortened yellow lights, “shortened to cause red light running for a profit,” are responsible for fatalities and accidents on the roads, have been illegally constructed without an engineer signing off on them, and are nothing more than a Suffolk County “money grab.”

“I was willing to go to jail from the beginning because I’m sticking up on behalf of those people who don’t have a voice anymore,” Ruth said. “These cameras are completely illegal and the [county] is not allowed to collect any money off them whatsoever … I knew this was going on and made my own news.”

Under the plea deal, Attorney David Raimondo said if Ruth successfully completes his probation, the felony plea will be dropped to a misdemeanor.

Stephen Ruth Jr.’s mug shot. File photo from SCPD

The 44-year-old real estate salesman may also have to pay up to $85,000 in restitution for all the cameras and equipment he’d left inoperable — a charge that will be challenged during a restitution hearing in April. Raimondo said he and his client will fight because “we believe that the entire red light camera system program is illegal and every single ticket issued from day one is a nullity.”

In the wake of the court ruling, Raimondo acknowledged that it was a good plea.

“This is something the county has to atone for and will atone for in civil litigation … it is not Stephen’s or his family’s cross to bear,” Raimondo said. “Why should Stephen sacrifice his personal freedom for what I think is nothing more than enterprise corruption?”

As Ruth has always worn his criminal tampering and obstruction of governmental administration as a badge of honor — even proudly demonstrating on his YouTube channel how he uses a painter’s extension rod to reach high-positioned red light cameras to turn its lens away from the road — Raimondo applauded his client for always taking responsibility for what he’s done.

“While I absolutely don’t condone or approve of any form of violence or destruction of property, I admire Stephen’s willingness to bring attention to the public the failures in the engineering behind the camera and how it’s affecting the taxpayers as a penalty and tax,” he said. “I [especially] admire that Stephen brought to the public’s attention the fact that the yellow light times have been shortened by the engineers because unfortunately people have been seriously injured and perhaps killed as a result.”

Red light camera. File photo

Ruth, in calling for a full investigation into the camera program to prove it’s an illegal operation, also wants to spotlight that the county continues to delete videos of any and all accidents that take place at intersections.

James Emanuel, a retired Suffolk County police officer, has dedicated himself to researching and testifying against the program, and is one of Ruth’s avid supporters.

“I’ve spoken to a lot of police officers who privately are a big fan of what he did,” Emanuel said. “You get to the point where you have to push back against the system; you just don’t have a choice. The guy saw a danger and his attitude was, ‘I’m gonna push back.’ He turned himself in every single time and he didn’t have to do that.”

In regards to Ruth’s plea deal, he said the county wants to prevent the program from being put on trial.

“There are thousands of infuriated people,” he said. “How would they find a jury of 12 people that wouldn’t find Stephen not guilty?”

Suffolk County Leg. Leslie Kennedy (R-Nesconset) said she understands Ruth’s strong feelings and acknowledges that red light cameras, although useful in some intersections, are overused and costly.

“I think what Ruth thought he was doing was making a statement, and he clearly did make a statement,” she said. “But you have to stay within the parameters of the law to make a statement that’s not going to get you in big trouble.”

Frederick Staria III and Jason Kinlaw. Photos from SCPD

Suffolk County Police have arrested two Selden men in connection with multiple robberies that occurred earlier this week.

Following an investigation by Sixth Squad detectives, Frederick Staria III and Jason Kinlaw were arrested in connection with three robberies and an attempted robbery. Staria entered businesses, threatened the use of a weapon and demanded cash. He fled with an undisclosed amount of money. In one incident, the employee did not comply and Staria fled without proceeds. During two of the crimes, Kinlaw drove Staria to the locations.

The following businesses were robbed:

  • Gorgeous Salon, located at 1232 Middle Country Road in Selden, Feb. 12
  • QuickChek, located at 2686 Middle Country Road in Lake Grove, Feb. 13
  • Pizza Hut, located at 534-1 William Floyd Parkway in Shirley, Feb. 13

The attempted robbery occurred at:

  • Milk and Things, located at 815 Middle Country Road in Selden Feb. 13

Staria, 35, was charged with three counts of third-degree robbery, third-degree attempted robbery and four warrants. Kinlaw, 24, was charged with third-degree robbery and third-degree attempted robbery. They were held overnight at the Sixth Precinct for arraignment Feb. 14 at First District Court in Central Islip.

Echo Avenue. File photo

Suffolk County Police arrested two adults for hosting a party at their Sound Beach residence Feb. 11 after a teenager needed medical attention.

Seventh Precinct Patrol officers responded to a call from a parking lot across from 271 Echo Ave., at approximately 10:55 p.m., after a teenage girl became ill from alcohol consumption. The girl was coming from a party. When police arrived, there were more than 100 underage teenagers spilling out into the street. Alcohol was at the party.

The girl was transported to a local hospital for treatment.

Police arrested and charged the hosts, Charles Suomi, 40, and Farnelle Marseille 35, with violating the social host law. Both were issued field appearance tickets and released. They are scheduled to be arraigned at First District Court in Central Islip on April 12.

Alan Bauser. Photo from PIO

Suffolk County Police arrested a man for driving while intoxicated with his daughter in his car in Selden Feb. 11.

Alan Bauser was driving a 2008 Hyundai southbound on North Ocean Ave. and Middle Country Road, when he was observed by Sixth Precinct Patrol Officer Christopher Weiner failing to maintain his lane of travel, crossing the roadway’s lane marking and crossing onto the shoulder of the road numerous times at approximately 11:35 p.m. Officer Weiner initiated a traffic stop and conducted sobriety tests, which Bauser failed. Bauser also admitted to overusing his prescription medication. Bauser’s 12-year-old daughter was in the car.

Further investigation revealed the daughter had a Family Court Order of Protection requiring Bauser to refrain from misusing prescription medication in her presence. The daughter was released to a family member.

Bauser, 42, of Medford, was arrested and charged with driving while intoxicated, aggravated driving while intoxicated with a child passenger 15 or younger (Leandra’s Law), endangering the welfare of a child and second degree criminal contempt.

Bauser will be held overnight at the Sixth Precinct and was scheduled to be arraigned at First District Court in Central Islip on Feb. 12.

Javon Harrington. Photo from PIO

Suffolk County Police arrested a man in Selden Feb. 11 for driving under the influence of drugs after a two-vehicle crash.

Javon Harrington was operating a 2003 Infiniti on North Evergreen Drive at a high speed when he went through a stop sign at Pine Street and struck a 2009 Dodge, and then a tree. Harrington, 20, of Coram, and his passengers Elijah Quinitchette, 24, of Coram and Eddie Bray, 20, of Coram were transported to Stony Brook University Hospital via Selden Fire Department Ambulance. Bray suffered serious but non-life-threatening injuries. Harrington and Quinitchette suffered minor injuries.

The 19-year-old man driving the Dodge, and his two passengers, were also transported to Stony Brook University Hospital via Selden Fire Department Ambulance for observation.

Sixth Squad detectives arrested Harrington and charged him with driving while ability impaired by drugs. He was scheduled to be arraigned at First District Court in Central Islip Feb. 12.

Both vehicles were impounded for safety checks and the investigation is ongiong.

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