Yearly Archives: 2017

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Meagan Murphy digs out a serve receive. Photo by Desirée Keegan
Erika Benson slams the ball over the net. Photo by Desirée Keegan

Megan Murphy dug deep to pull out a win — quite literally Monday.

The senior libero threw herself all over the court to record 31 digs in a 3-0 sweep of Hauppauge Oct. 23, 25-14, 25-17, 25-10, to cap off Kings Park girls volleyball’s second straight undefeated League V season.

“Megan Murphy in the back row was strong on defense,” Kings Park head coach Ed Manly said. “Very rarely are you going to catch her off guard or get her to shank a ball during the course of play.”

With Hauppauge as close as 12-10 midway through the first set, three straight Kings Park points — a Hauppauge out-of-bounds hit, an Alexa Petraitis (eight kills) spike and a Kara Haas dump over — forced the Eagles to call timeout. The scoring streak was only briefly interrupted after the break, and Kings Park slammed home four more to make it 19-11. Murphy closed out serving on the last four of five Kings Park points, until an out of bounds serve made it 24-14 and a Hauppauge service error closed out the set.

“I don’t say this selfishly — we’ve been doing this for so long and I’m so honored to play with this team,” said Petraitis, a senior outside hitter. “Everything I do is because of my team, because of how much support I have. Hauppauge was great at getting the ball up, and we did great staying mentally focused, ready for it to come back over the net.”

Kara Haas serves the ball. Photo by Desirée Keegan

Hauppauge was strong serving, and returning it. In the second set, the Eagles were cruising right alongside Kings Park, forcing five ties. A Petraitis kill put the Kingsmen up 6-5, but Hauppauge bounced right back to tie the score at 8-8 and again at 10-10.

“Hauppauge is always extremely scrappy and they make it hard to put balls away,” Manly said. “Every time we tried to tip or do something unconventional they picked it up, but we stayed consistent swinging at the ball and keeping the offense strong.”

Manly said his team worked on defensive drills, like service receives, to prepare for Hauppauge, but he still thinks his team has work to do heading into the postseason.

“That’s my biggest issue with my team — we’re pretty powerful offensively, but we rest on our laurels and let down a little bit on the defensive side,” he said. “But we weathered the storm.”

Senior Erika Benson (12 kills) took the game over, as the middle hitter spiked the ball for a big kill and a 12-10 advantage that gave Kings Park the push it needed.

Haley Holmes sets up a play. Photo by Desirée Keegan

“I thought when times were getting rough — we were in a little bit of a slump — we worked hard to get out of it quickly to move on to the next play,” Benson said. “Coach tells us to get ready for the next point. We’re never thinking ahead, we’re just thinking of what we can do to get that point.”

Right up the middle the team began clicking, with Murphy returning the serve, Haley Holmes (39 assists) setting up the play and Benson driving shots to the ground.

“Haley Holmes did a nice job setting,” Manly said. “She sets a really consistent ball, she didn’t get called for any doubles, lifts or carries, and she spreads the ball on offense really, really well. Erika Benson overpowers people in the middle, and up the middle with our libero, setter and middle is where our bread is buttered and that pretty much carried us tonight.”

Kings Park is the No. 1 seed heading into the playoffs, which begin Oct. 30. The Kingsmen won’t play again until November thanks to a first-round bye.

Meagan Murphy celebrates Kings Park’s undefeated League V season. Photo by Desirée Keegan

“I’m really excited to see what happens with this team,” Murphy said.

Graduating just one senior from last year’s team, Benson said her team’s accomplishments, including helping to win the seventh straight league title for Kings Park, means a lot to the seniors, who are following in the footsteps of those in years past, losing just one regular-season game in their entire careers.

“Being able to keep this League V title is pretty special,” she said. “Every season we have one goal: to win states. It’s always in the back of our minds and it helps us push through to win every game.”

Manly said he doesn’t see the streak weighing too heavily on the girls, because they’re focused on that one goal.

“They’re a pretty relaxed bunch — they’re more focused on their goals than about what’s happened in the past,” he said. “They’re focused on every point, every set and every match. I love my team very much, I think they’re extremely talented and I think the sky is the limit for them as long as they stay humble and hungry and don’t overlook anybody. They have the capability to do some pretty special stuff.”

Lt. Katherine Biggs aboard Comfort, a U.S. Navy hospital ship administering aide to Puerto Rico. Photo by Stephane Belcher

A Naval emergency medicine physician from Port Jefferson Station is trying to provide comfort while aboard a ship named for it in Puerto Rico.

Hurricane Maria made landfall in September as a historic Category 5 storm, devastating Puerto Rico with sustained gusts nearing 200 mph. When Lt. Katherine Biggs, a resident at Naval Medical Center Portsmouth in Virginia currently receiving training in military-specific medicine, was offered the chance to travel to the storm-ravaged island, the 2006 Comsewogue High School graduate said it was an opportunity she couldn’t pass up.

Lt. Katherine Biggs and other sailors aboard the Military Sealift Command hospital ship USNS Comfort treat a patient from Centro Medico in San Juan, Puerto Rico. Photo by Stephane Belcher

Biggs is one of five from the residency program aboard the Military Sealift Command hospital ship Comfort, which reached Puerto Rico Oct. 3 and does not have a scheduled return date, working on the boat’s casualty receiving area administering medical aide to those affected. Catastrophic flooding, damaged infrastructure and a lack of supplies, drinking water and electricity have created a dangerous situation for most Puerto Ricans trying to restore their regular routine.

“We’ll be here as long as directed and as long as needed,” Biggs said in a phone interview from Puerto Rico. “I’ll stay here as long as they’ll let me.”

She called the trip thus far a great learning experience, and said it’s been a change of pace helping people with severe respiratory and heart issues, for example, because she’s used to providing medical attention to those with traumatic, combat-related injuries. Biggs has treated some with broken bones, but said many of the patients she has been tasked with treating are people with chronic issues that are flaring up because they’ve been unable to take their prescribed medicines for various reasons.

The lieutenant said she knew when she was in ninth or tenth grade at Comsewogue that she wanted to pursue a career in medicine as a way to help people in need. After four years at Binghampton University as an undergraduate, she moved on to medical school at New York Institute of Technology in the College of Osteopathic Medicine, graduating in 2015. Biggs said she was able to afford the schooling thanks to the Health Professions Scholarship Program, a financial assistance offering from the U.S. military, which she heard about from a neighbor. She is in the third year of her residency in Portsmouth, and it is a rarity for residents to be asked to go on a trip like the one she’s on now, according to residency program director Commander John Devlin.

“This opportunity may be tough in the sense of the people struggling, but it is allowing my daughter to do what she was meant to do — help people in need.”

— Laurie Biggs

“I say it’s win-win,” Devlin said in a statement. “The people of Puerto Rico are getting more emergency medicine physician manpower than they would have had, had we gone with the original plan. And from the resident standpoint and the Navy’s standpoint, we are getting five junior physicians that, for their entire career, will have this experience base to carry forward to apply to missions in the future.”

With the help of the “Sea Knights” of Helicopter Sea Combat Squadron, Biggs and the other residents have been able to personally assist in medical evacuation missions around the island to return people to the ship for treatment via helicopter.

“When I heard about Katie’s plans to head to Puerto Rico I was incredibly proud,” Biggs’ mother Laurie said in an email. “I remember reminding her that this is why she joined the Navy and wanted to become a doctor. This opportunity may be tough in the sense of the people struggling, but it is allowing my daughter to do what she was meant to do — help people in need.”

Biggs’ mother added she knew from an early age her daughter, who is the oldest of four, was a caring and helpful person, ever aware of helping the less fortunate.

“To us she will always just be Katie, the daughter and older sister that is always there when you need her,” she said.

Biggs said her biggest takeaway from the mission thus far has been the dedication of responders on the ground to do whatever it takes to help both individuals and the island as a whole return to normalcy. To contribute to the relief effort, visit the American Red Cross website at www.redcross.org/donate.

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Keren Collins is surrounded by her teammates following her three-set win to propel Ward Melville to a county team title. Photo by Bill Landon

By Bill Landon

The Patriots had been in this position before, but this time, all eyes were on senior Keren Collins.

Keren Collins returns the ball. Photo by Bill Landon

The Ward Melville girls tennis team’s chance at redeeming last season’s finals loss to Commack for the Suffolk County team title came down to the third singles match, and Collins came from behind 4-6, 6-0, 6-4 to claim the crown for the No. 1 Patriots with a 4-3 edging of No. 2 Half Hollow Hills East Oct. 23.

“At first, the pressure was nonexistent, but when I found out [I was in the last match of the day] and up by three or four games, I said to myself, ‘I’m going to use that advantage and get this, right here,’” Collins said. “Last year we made it to the finals and lost to Commack, but this year we were determined to make it happen and I wasn’t going to let the chance slip away.”

While Collins was competing on the William Floyd court, third doubles pair Ellie Berger and Sam Sloan were playing alongside her. The Patriots duo dropped the second set 1-6 after winning a commanding first 6-1, and eked out a 6-4 win in the third over Lauren Kornfeld and Emily Me taxas.

Denise Lai volleys. Photo by Bill Landon

After the win and even with the mounting pressure, Collins kept her pace and her power stroke strong as she wore down her opponent.

“I was able to hit down the middle and I kept going to every possible corner that I could,” she said. “But [Melissa Chen] was extremely athletic — she was able to get to almost everything, she was like a ball machine, so I had to tire her out as much as possible.”

Ward Melville head coach Erick Sussin said his three-time All-County player was a game-changer.

“Keren was able to change the dynamic of the game. What she lacks in mobility on the court she makes up with power,” he said. “With power — putting the slice in every so often — she mixed it up so that pace went from really fast to really slow, and that caught her opponent off=guard.”

Earlier in the match, Anna Ma won her fourth singles match 6-3, 6-1 and Denise Lai did her part in first singles, defeating Alexis Huber in convincing fashion 6-0, 6-2. But the two-time All-State player admitted she was nervous about whether her team could pull out a victory.

“I had some doubts,” Lai said. “Last year was kind of sad, we lost big time, but I’m so happy that we finally won.”

Julia Hu serves the ball. Photo by Bill Landon

Sussin said that changing wind conditions presented a problem, especially during Collins match, but said she seemed to take the gusts of wind in stride.

“It was a factor early on, especially in that second set, and she used the wind when she needed to —when the wind was at her back her slice was dropping in,” Sussin said. “And when the wind was at her face she was able to hit through it with all her pace.”

Julia Hu, a three-time All-County player, said she did not doubt Collins in the nail-biting contest, even through standing still in silence with her teammates.

“I knew she could pull it out — she has that amazing mental strength,” Hu said. “She’s been playing tennis for so long and she knows she has to get the job done, and won’t let her emotions interfere with what she has to do.”

Ward Melville now turns its attention to winning the Long Island title. The undefeated, 18-0 Patriots will play Port Washington at Half Hollow Hills West Oct. 25 at 3 p.m.

The Ward Melville girls tennis team took the Suffolk County team title with a 4-3 win over Half Hollow Hills East Oct. 24. Photo by Bill Landon

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Running back Richie LaCalandra scores a touchdown. Photo by Alex Petroski

Despite some tense moments late in the game, a fast start, a huge play on a fourth-and-25, and a key second-half touchdown drive propelled the Comsewogue football team to a victory in its homecoming matchup against Hauppauge Oct. 21. The Warriors move to 3-5 with the 28-21 win, which head coach Sean Tremblay called his team’s most complete performance of the season.

Quarterback Jaden Martinez throws a deep ball. Photo by Alex Petroski

“It was the first time we started and finished a game all year,” Tremblay said after the win.

Presumably riding the adrenaline rush that comes with playing in front of a packed out, electric homecoming crowd, the Warriors jumped out ahead of the Eagles (0-6) in the first half.

Junior running back Reno Molina found the end zone in the first quarter to put Comsewogue up 7-0. The Warriors took to the ground early and often, producing more than 300 yards rushing on the afternoon, though one big pass play might have been the key to the win.

On a third-and-17 from the Hauppauge 22-yard line early in the second quarter, running right on an option play, sophomore quarterback Jaden Martinez kept the ball and eluded several Eagles on his way to what he thought was a score to put his team up two touchdowns. A holding penalty backed Comsewogue up and wiped the touchdown off the scoreboard, and on fourth-and-25 from the Hauppauge 30-yard line, the Warriors went to the air.

“I had seen something in coverage and I knew [Richie LaCalandra] was going to be open — we just needed to protect it and we did, and Richie got in,” Tremblay said of the play, which he called a momentum changer. He said he never considered attempting a long field goal or punting on the fourth-down play.

Richie LaCalandra celebrates after a touchdown. Photo by Alex Petroski

Martinez took the shotgun snap and rolled to his left, uncorking a perfect pass to the wide open senior LaCalandra running a corner route, who made the catch and skipped into the end zone to put the Warriors up 14-0. The play accounted for all of Martinez’s yardage through the air for the game.

“Richie’s just a great athlete,” the quarterback said of his running back. “He got himself open and I rolled out of the pocket, and he was just wide open.”

LaCalandra had 90 yards rushing and a touchdown to go along with two catches for 30 yards and the fourth-down score through the air. His rushing touchdown came on a reverse handoff from the Eagles’ 21-yard line in the final minute of the second quarter, as LaCalandra made a few Eagles’ defenders miss on his way to the goal line, where he lunged in despite having his helmet ripped off.

“We came out and worked hard in practice this week, and it all paid off when it came to the game,” he said.

Reno Molina celebrates in the background as Richie LaCalandra scampers into the end zone. Photo by Alex Petroski

The Warriors took a 21-0 lead into halftime, but a strong third quarter from the Hauppauge offense and two Warriors’ fumbles left the door open for a comeback.

“Defensively they were throwing the ball underneath our coverage,” Tremblay said of Hauppauge’s effective third quarter on offense. “We were so worried about them throwing the ball vertically that at times we were bailing just a little bit too much.”

With less than a minute remaining in the third, Comsewogue got the ball back up 21-14, and with junior quarterback Tom Tommaso under center, the Warriors engineered a drive that ended in a 6-yard touchdown run by sophomore running back Mike McGuire to put his team up 28-14.

“After we scored and made it 28, that kind of regenerated our fight,” Tremblay said of the key second-half drive. Molina intercepted a pass with seven minutes remaining in the fourth in Comsewogue territory to ice the game for the Warriors.

Comsewogue’s two turnovers were the fewest the team has had in any game this season, according to the head coach. He said it shouldn’t be a surprise that it led to a win.

The Warriors will be back in action Oct. 27 at East Islip for the final game of the season. Opening kickoff is slated for 7 p.m.

Indulging in a delicious, fresh specialty doughnut can be done guilt free in Port Jefferson this month.

East Main & Main, a doughnut shop in Port Jefferson Village that opened in June and is named for the intersection it overlooks, has embraced the spirit of national Breast Cancer Awareness Month. In October, among the shop’s made fresh in-house daily selections has been an assortment of pink-decorated themed treats meant to honor the occasion and raise money for a worthy cause.

Port Jeff annually recognizes breast cancer awareness thanks to the Fortunato Breast Health Center Services at John T. Mather Memorial Hospital, the driving force behind Paint Port Pink, a month-long community outreach effort in the village with the mission of raising awareness about breast cancer, sharing information and education and fostering solidarity in the community. Every day this month, East Main & Main owners Lisa Harris and Robert Strehle have brainstormed new pink doughnuts to offer to customers, and a portion of the sales for each of the commemorative pastries will be donated to the Fortunato center’s Fund for the Uninsured at the end of the month. The fund is comprised of money from community donations and fundraising initiatives to offer discounted or no-cost mammography screenings to qualified patients.

“Cancer in general is a cause that’s near and dear to my heart and this was something we were definitely going to jump on board with and participate in,” Harris said during a phone interview. She said she has an aunt who is a breast cancer survivor and knows many others, so the decision to participate was easy. “We just look forward to getting more and more involved in the community in any way that we can, especially for causes we believe in.”

Harris said the pink doughnuts have sold out every day so far and the customer response has been enthusiastic. Some of the flavors have included pink guava, peanut butter and jelly, pink lemonade, a “pink diva” doughnut with gold glitter and many more. None of the flavors have been or will be repeated, and Harris said it has been a little stressful coming up with new flavors, which she said they do on the fly each day, but a dedicated team of kid tasters and other customers have offered feedback and suggestions to share the creative burden.

“It’s all sorts of fun,” Harris said of the creative process.

On Oct. 4, the shop featured a strawberry pomegranate frosted doughnut, and a satisfied customer commented on a photo of the creation on East Main & Main’s Instagram account: “Yumm! The best flavor! Can’t wait for it to reappear in the spring — hopefully?”

Also featured the same day was the Pink Party, a strawberry frosted doughnut dipped in rainbow sprinkles.

“Hands down the best pink-frosted donut I’ve ever had,” another Instagram follower posted. “Thank you for that magic.”

Harris suggested the success of the October promotion has inspired the owners to seek out more month-long features aimed at raising money and awareness for worthy causes in the coming months.

The American Cancer Society reports that the chance of a woman having invasive breast cancer sometime during her life is about one in eight. Since there is still no sure way to prevent breast cancer, increased awareness, education and early detection are critical components of breast health care. The Fortunato center recommends that women apply the following the guidelines for early detection of breast cancer: first mammography by age 40 and yearly mammograms after age 40; clinical breast exams at least every three years beginning at age 20 and annually after age 40; and monthly breast self-examinations.

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By Bill Landon

Jack Collins was the king of the Royals’ homecoming court.

Port Jefferson senior Jack Collins passes the ball during the homecoming football game Oct. 21. Photo by Bill Landon

The senior quarterback completed 23 of 30 passes for a whopping 356 yards and four touchdowns to lead Port Jefferson to a dominating 42-13 win over Southampton/Pierson Oct. 21, which ensured the Royals a playoff berth.

“The kids in the locker room cannot wait for this game,” Collins said. “At Port Jeff there have been times where we’ve lost big to these teams, but it’s different. This year our team’s a lot stronger, and these guys want to prove that. I, do too.”

To do so, senior running back Thomas Mark returned the opening kickoff 82 yards for a touchdown, and senior running Joey Evangelista capped it off with a 2-point conversion, also scoring on a 13-yard touchdown run of his own for a 14-0 Royals lead with just under five minutes left in the first quarter.

“We came out here knowing what we needed to do,” Evangelista said.

Collins threw three of his four touchdowns before halftime, on passes of 28 yards, 4 yards and 40 yards. A 2-point conversion was tried following all three, but only successful on the second, with senior running back Hunter Ginas running it in after Mark’s touchdown.

“It’s a great win; it’s a great feeling after coming off a tough loss last week,” Mark said, referring to Port Jefferson’s 45-8 loss at Elwood-John Glenn “During practice week all of the guys were really focused —put in a lot of work, and hard work pays off.”

Port Jefferson senior Marquis Feldman pushes to break free of a tackle during the homecoming football game Oct. 21. Photo by Bill Landon

Collins threw a 36-yard pass to Marquis Feldman for the senior wide receiver’s second touchdown of the game to open scoring in the third. Collins capped it off by throwing to Mark in the end zone for a 2-point conversion.

“It was awesome to see the fans come out, they really support us,” Collins said. “We came ready to play. It was a fun, good time.”

Feldman finished with 123 yards on eight receptions behind junior Jonathan Bachman’s nine catches for 154 yards. He said knows the importance of the Royals’ final game of the season at home against Shoreham-Wading River, especially for moving forward.

“This game’s in the past now, and we’ll get ready for the next,” Feldman said following the win. “We’ll work as hard as we can and won’t let up.”

Port Jefferson head coach Andrew Cosci said with Shoreham-Wading River being a little banged up he’s hoping it greatens his team’s chances, especially knowing the dominant history the Wildcats have over the Royals, but said not to count his team out of the Oct. 28 matchup.

“They’re a very good football team,” the coach said of his soon-to-be opponent. “We have our work cut out for us, but we have a different team this year — a team that believes they can play with the big boys.”

The streets of Stony Brook were filled with more than 300 runners and an estimated 460 walkers participating in the Walk for Beauty and Hercules on the Harbor 10K Run Oct. 22. Cancer survivors along with family members and friends collect donations to support their walk or run, which takes them through the scenic and historic Stony Brook. All proceeds go directly to a targeted research fund at Stony Brook Medicine for Breast Cancer Research and The WMHO Unique Boutique for wigs.

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Huntington's Eric Sands pushes through the pack. Photo by Jim Ferchland

By Jim Ferchland

A series of fortunate events led Huntington football to a homecoming victory Oct. 21.

Down the entire game, a 76-yard touchdwon toss from quarterback John Paci to Alex LaBella gave the Blue Devils their first lead of the game, 20-13, with 6:22 remaining in the fourth quarter. Then, with one minute left to play, Riverhead went for a 2-point conversion following a 3-yard touchdown run from Darnell Chandler that made it 20-19, instead of trying to tie the game with an extra-point kick. The ball was dropped by Riverhead’s Albert Daniels in the end zone on the attempt to hand Huntington the game.

Huntington’s John Paci pulls back to launch a pass. Photo by Jim Ferchland

“Winning is always something we look to do,” Huntington head coach Steve Muller said, adding he did not anticipate the game finishing in this fashion it did. “We take it game by game no matter who they are. We respect everybody. We’re trying to get into the playoffs.”

At halftime, Huntington was down 7-0 after a 40-yard touchdown pass from Christian Pace to Chandler in the second quarter. The Blue Devils offense was lifeless in the first half.

“We thought we didn’t play good Huntington football,” Muller said. “I said to my guys in the locker room that there’s really nothing to say, but we can take over this game if we want to. It’s how bad you want to be remembered for this homecoming.”

Eric Sands, a Top 25 rusher in Suffolk County, had two touchdowns in the second half. The senior said he just wants to go to work every time he steps on the gridiron.

“I’m always excited when my name is called,” he said of consistently getting the football. “I’ve got to do what I’ve got to do and stay focused.”

Sands has 611 yards on 87 carries and 11 touchdowns through seven games this season. He scored on runs of 5 yards and 2 yards in the win, and finished the game with 132 yards on 25 carries.

Paci, who completed four of eight passes for 123 yards, seemed to be the hero after heaving the big touchdown pass to LaBella for the advantage, but the junior was quick not to take all the credit.

Huntington’s Alex LaBella races toward the end zone. Photo by Jim Ferchland

“I was scared when the ball was in the air,” Paci said. “It had some arc on it, but I was so excited when LaBella caught it.”

His senior wide receiver was also sweating on the other side of the field.

“There was a lot of nervousness,” LaBella said. “I just had to keep my eye on the ball, run down the field and score.”

Luke Eidle, who had 11 tackles and an interception, also aided Huntington.

Huntington hasn’t lost a game since Sept. 23, a 20-17 loss at home against West Islip. With the win over Riverhead, the Blue Devils have won four straight and improve their record to 5-2.

“I’m always proud of my team,” Muller said. “They’re all great kids and they work real hard everyday. That’s all I could ask for.”

Huntington will go on the road to conclude the season with a game at Bay Shore, which hasn’t lost its last two games, but only scored 10 points in that duration. The game will be Oct. 28 at 2:30 p.m.

Huntington football fans come out to celebrate homecoming. Photo by Jim Ferchland

A trustee must put the interests of the trust beneficiaries before their own

By Nancy Burner, ESQ.

Nancy Burner, Esq.

If you have been named as a trustee of someone’s trust, you may be wondering what you are supposed to do. It is important that the trustee understand his or her duties and responsibilities. The most important thing to remember as a trustee is that the trust assets are not your assets. You are safeguarding them for the settlor and/or beneficiaries, who will receive them after the settlor dies.

As a trustee, you stand in a “fiduciary” role with respect to the beneficiaries of the trust. As a fiduciary, you will be held to a very high standard. The trustee must read the trust document carefully, upon acting initially and when any questions arise. The trust is the road map and the trustee must follow its directions in administering the trust. A trustee should be aware that failing to abide by the terms of the trust document and mismanaging the assets can have serious financial repercussions for the trustee personally such as forfeiture of commissions and surcharge.

This very issue came up in the recent Suffolk County Surrogate’s Court case of Accounting Proceeding the Schweiger Family 2013 Irrevocable Trust decided on Sept. 7, 2017.

The subject trust stated that during the lifetime of the settlor, the trustees in their sole discretion may pay the net income to or for the benefit of the settlor’s beneficiaries or accumulate such income. With respect to principal, the trustees were given the discretion to pay so much of the principal to or for the benefit of the settlor’s beneficiaries. The trust did not require equal principal distributions and same may be made to any or all of the settlor’s beneficiaries.

Distributions made to any beneficiaries during the settlor’s lifetime shall be considered as advancements in determining the beneficiary’s respective share, unless waived by the remaining nonrecipient beneficiaries in writing. The trustees had no authority to pay principal to the settlor.

Despite the language in the trust document, the trustees made distributions to themselves and to individuals that were not beneficiaries, namely the settlor, their children/grandchildren and the spouse of one of the trustees.

In addition, the trustees indicated in their accounting that several of the distributions that were made to themselves as “per settlor’s request.”

After a review of the facts and the language of the trust document, the court held that even if the distributions to the trustees were at the settlor’s suggestion, those distributions were either impermissible gifts of trust assets by the settlor or distributions that the trustees should have assessed against their respective shares as advancements.

With respect to commissions, the court held that intentionally making distributions to individuals who were not beneficiaries of the trust is, in and of itself, a basis to deny commissions. Further, with respect to their self-dealing, either the trustees were in fact aware of the language regarding offsetting advance distributions and chose to disregard it or they were grossly negligent in their failure to seek professional advice to assist them in understanding the duties and responsibilities associated with being trustees. In the end, the trustees were surcharged approximately $230,000 for their self-dealing and failure to abide by the terms of the trust document.

The take away from all of this is that a trustee must follow the terms of the trust instrument and put the interests of the trust beneficiaries before their own. If this is not done the trustee is at risk of personal liability for any breach of duty in the form of denial of commissions or surcharge.

In addition, if you are the trustee of a Medicaid-qualifying irrevocable trust and fail to abide by the terms of the trust, not only do you run the risk of denial of commissions or surcharge, but you can also nullify any protections that the trust provides to the assets held by the trust. This would make all of the assets in the trust be considered an available resource when determining Medicaid eligibility for the settlor and could result in a denial of Medicaid benefits.

With a trustee’s personal liability at stake, it is advisable to retain an attorney to provide advice regarding the trustee’s fiduciary duties and obligations in administering a trust.

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

A WARM WELCOME Cantor Marcey Wagner in her office at Temple Isaiah Photo by Donna Newman

By Donna Newman

Spirituality has new resonance at Temple Isaiah in Stony Brook.

It comes in the voice of Marcey Wagner, who joined the Reform Jewish congregation last July, filling the dual roles of cantor and education director. The congregation will officially welcome her with an installation ceremony on Sunday, Oct. 29.

“I embrace the idea of new beginnings,” Cantor Wagner said during an interview in her temple office, “and I look forward to joyful things.”

Cantor Marcey Wagner in her office at Temple Isaiah Photo by Donna Newman

Wagner said she is pleased that many of her friends and colleagues gathered over her career will be present to celebrate and that the installing officer will be Dr. Cindy Dolgin, former head of the Solomon Schechter School on Long Island.

The addition of Cantor Marcey, as she likes to be known, is truly a joy according to her co-workers. Interim Rabbi David Katz views her as a valuable asset — both in the sanctuary and in the classroom.

“Cantor Wagner brings her vibrant nature to the bimah [clergy platform] and years of experience to the position of educational director,” he said. “She is a great addition to our staff, bringing beauty to our worship and creativity to our school.”

Temple Administrator Penny Gentile also sings Wagner’s praises. “It is a pleasure to work with Cantor Marcey,” said Gentile. “She is such a vivacious person — so full of energy that it’s absolutely contagious. I’ve heard so many positive comments from the Hebrew School students and their parents. She is truly a team player with a gift for identifying and nurturing strengths in everyone. And what a beautiful voice!”

Although ordained as a cantor, Wagner said she has not been “on the bimah” (i.e., she has not held a cantorial position) for eight years. Instead she has been focused on teaching, but she said that returning is like putting on a comfortable pair of shoes.

“I didn’t realize how much I missed it,” she said. “The audition felt like coming home.” Wagner said she loves seeing the children and hearing their voices and their laughter. For her it makes a synagogue come alive, which is why she has pursued education along with cantorial duties.

“Cantors spend more hours teaching than singing,” she said.

Wagner has been involved in all facets of Jewish education — teaching students from preschool through senior citizens. Before coming to Temple Isaiah she served as director of Youth and Family Education at Temple Israel Center in White Plains, New York. Her career included four years as principal of the Lower School of the Schechter School of Long Island and a decade as cantor and educator at the Jewish Congregation of Brookville in Nassau County.

Wagner received her investiture as hazzan (cantor) from the Jewish Theological Seminary of America, at which she also earned a master’s degree in sacred music with a concentration in education. She was selected to attend The Principals’ Center leadership seminar at the Harvard Graduate School of Education.

The board of directors at Temple Isaiah unanimously approved Wagner’s hiring and has been extremely pleased with her performance to date.

“Cantor Marcey is a breath of fresh air,” said President Jay Schoenfeld, “both on the bimah and in the religious school. Her energy is boundless and her warmth is evident in all the connections she’s already established with congregants, lay leaders and community members. A collaboration with Rabbi Katz to offer children’s services for the High Holy Days — open to the public and free of charge — demonstrates her devotion to Judaism. We are delighted to have her at Temple Isaiah.”

Cantor Marcey is delighted, too, and said she already knows she’s found a new home.

“It’s wonderful meeting people and seeing how warm and welcoming [the Temple Isaiah] community is,” she said. “I’m planning on staying a long time. I’ve been impressed with everyone’s organization and efficiency; I have a very positive feeling about this place. Everything has lived up to my expectations. It’s exciting when there’s a path to go on and you have congenial, capable partners with whom to make the journey.”

Wagner is committed to shaking things up, she said, to prove that Hebrew school can be fun. To elucidate she described last month’s opening session of the school program. Using a film clip from the movie “Babe’” in which the title character, a piglet, arrives at the farm, she led a discussion about new beginnings, which are exciting and scary — and complicated. The unconventional, unkosher protagonist, she said, was intended to make people think — and laugh. The session included students alongside their parents, and Wagner said she made sure everyone present took away at least one new bit of knowledge, to encourage discourse.

“One of the strongest ways to promote Judaism,” she said, “is to provide a venue for parents and children to discuss the important questions; to have the important conversations.”