Yearly Archives: 2019

D. None of the Above: To wave or not to wave, that is the question

by Daniel Dunaief - February 28, 2019

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By Daniel Dunaief

Wait, was that at me? How am I supposed to know? She’s still waving. I could wave back, but what if she’s waving to someone else. Should I put my stupid hand in the stupid air and risk the possibility of looking stupid?

Yes, this happened to me many times during my adolescence. How was I supposed to react when someone I kind of knew, or maybe wanted to know, was waving in my direction? Sometimes, I pretended I didn’t see the person waving, while I casually looked around to see if anyone near me was responding. I probably looked like I had a neck twitch, as I scanned the area to see if it was safe to wave.

These days, the waving conundrum has taken a different form, especially after we moved away from the tristate area. It appears that the Northeast and Southeast have different rules for waving. In the Northeast, we wave when someone we know well walks by us in the car. If they don’t see us, perhaps we offer a quick and polite tap on our horn, just to let them know we saw them and we’ll likely text or email them later.

If someone we’re pretty sure we don’t know waves, we immediately assume that someone else is the recipient of their gesture — they have a small dog on the loose and we better slow down, or their children are playing a Nerf gun game and might dart into the street. If they continue to wave, we squint for a while, trying to figure out if maybe they’ve lost weight. It could be they’re someone we might have met casually at one of our kids sporting events, or they want us to sign a petition, or even buy a product we’re sure we don’t need because we can’t stand all the crap we already have in our own house.

Of course, if we have our defensive curled upper-lip action going too quickly, we might scare away our son’s teacher, our daughter’s assistant coach or a new neighbor who has introduced herself to us four times.

In the Southeast, however, the rules are different. Most of the people in the passing cars wave when I walk the dog. Yes, we have a dog and, no, you can’t pet him even though he’s pulling as hard as he can to get to you because I have to bring him back inside so I can do some writing. I’ve stopped trying to figure out the source of the amicable gesture and I wave back. My son, who sometimes accompanies me on these dog walks, wondered, “Hey, do you know that person?” He is still playing by the rules of the Northeast.

I explained that I wave at every car, even the likely empty parked vehicles in case someone is sitting in them, because that’s what you do here. I told him I’ve conducted my own experiment, where I don’t wave and I see what happens. More often than not, the person slows down and waves even more vigorously, as if to say, “Hey, I’m waving here. Now it’s your turn.”

Kids in the modern era seem to have solved the waving problem. They do a quick head nod, which could be a response to a similar gesture from someone else or it could be a way of reacting to music no one else hears. Then again, they’ve probably figured out how to make a thinner, acne-free virtual version of themselves wave at cartoon versions of their friends.

Editorial: School districts, tighten your belts

by TBR Staff - February 28, 2019

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effects_of_high_stakes_testing-e1429797999258 — Girl doing school work in classroom

This year, more than ever, Long Islanders are about to find themselves in a jam when it comes to taxes.

It’s been a little more than a month since employees received their 2018 W-2 forms. While that extra $20 or maybe $60 in each paycheck felt great to pocket in January 2018 due to passage of President Donald Trump’s (R) Tax Cuts and Jobs Act, it probably doesn’t feel quite so good now.

Thousands of middle-class residents are facing a sobering reality upon calculating their 2018 tax returns. Many are finding out their anticipated tax refund has turned into an IOU to Uncle Sam. It’s in part thanks to the elimination of several federal deductions of moving expenses, home equity loan interest or, particularly, the $10,000 cap on state and local taxes deduction.

It’s the SALT cap that is playing a major factor in reducing or elimination people’s anticipated federal tax return. The average property taxes for Suffolk homeowners is $9,333, according to a 2017 analysis by ATTOM Data Solutions. It’s even higher for many property owners along the North Shore in Setauket, Huntington and Smithtown. Now, there’s nothing to help offset Suffolk’s high taxes.

For the average Suffolk homeowner, 60 percent of their annual tax bill is due to educational costs, according to the 2017 study. Or, more than half can be attributed to your local school district’s tax levy and annual budget.

As many North Shore residents come to the realization their property taxes alone exceed the SALT deduction limit of $10,000, school districts are starting to unveil their first drafts of the 2019-20 budgets. While most districts, if not all, anticipate a proposed budget that stays within the state-mandated 2 percent tax cap, any increase in taxes no matter how marginal will continue to put an increased burden on residents.

It is an undeniable truth that providing our children with a good, solid education in a safe setting is of the utmost importance. We must beg the question — is there some way to do it in a more cost-effective manner? We’re not asking school administrators to cut corners but think creatively when drafting their 2019-20 budgets.

Whether the state-mandated tax levy cap is 1.83 or 2.58 percent, we’re asking you to think of cost-saving measures — for example, collaboratively purchasing goods and services cheaper in bulk — to help keep the school taxes increases far below that cap. If we were to think of the state-mandated tax cap as a ceiling, we want to ensure there’s adequate space or gap between the budget’s ceiling and the annual increases.

Everyone has to pull together to keep living on Suffolk’s North Shore affordable, one part of which is keeping taxes as low as possible. As school district taxes make up the largest portion of our taxes, we have to ask districts to please tighten your belts a little more and keep those tax levies low.

Ward Melville Heritage Organization raises $5K for cancer research

by Rita J. Egan - February 28, 2019

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The Ward Melville Heritage Organization hosted A “Taste” of Stony Brook Village … Ladies Night In! Feb. 26 at WMHO’s Educational & Cultural Center. Gloria Rocchio, president of WMHO, said the organization reached the event fundraising goal of $5,000 for breast cancer research at Stony Brook Medicine.

The night featured a fashion show celebrating clothing store Chico’s 25th anniversary in Stony Brook Village Center, which was the chain’s first one in New York.

The night also included music by Roberta Fabiano, food sampling, hair and virtual reality demonstrations, raffles, giveaways and raffle baskets. Members of Roseland School of Dance were on hand to teach attendees how to dance the Macarena and the cha-cha slide, too.

Rocchio said WMHO raised $45,000 during its Walk for Beauty at the Stony Brook Village Center Oct. 21. She said the organization plans to present a check for $50,000 to Stony Brook Medicine in the near future.

VFW post invites community to help with fundraising goal

by Rita J. Egan - February 27, 2019

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VFW-Post-3054w — Photo from VFW Post 3054

Three Village veterans are hoping the community will stop by the pub Country Corner Saturday, March 2, for a fundraiser to benefit their Veterans of Foreign Wars post.

Members of Veterans of Foreign Wars Post 3054 are hosting a fundraiser March 2 to renovate parts of their Jones Street building. Photo from VFW Post 3054

Michael Salemi, vice commander of VFW East Setauket Post 3054, said money raised that day will go toward much needed renovations of the post’s building located on Jones Street. Admission to the fundraiser will include food and one beer, and there will be raffles with prizes donated by local businesses.

Salemi said, in the past, the post has raised money for fellow veterans, especially at local homes, but recently they needed to concentrate on gathering funds for work on their post building. The group raised $2,800 during a Feb. 5 fundraiser at Madiran The Wine Bar.

“This past fundraiser at the wine bar and this one coming up at Country Corner, it kind of helps get ourselves squared away,” he said, adding once they complete renovations they can return to raising money for local veterans.

Quartermaster Jay Veronko said the post is celebrating its 85th anniversary this year with the Jones Street building being approximately 90 years old. Historian Carlton “Hub” Edwards said he remembers attending Setauket High School, which housed first to 12th grade, on Jones Street in the 1940s when the current VFW building was used by the school for gym, carpentry classes and school fundraisers. He said for years it was referred to as the scout house because a Boy Scout troop used it as a meeting place.

Veronko said even though the building has been renovated over the years, the post members are hoping to make it compliant with the Americans with Disabilities Act and general renovations are needed, especially in the kitchen and women’s bathroom. The post has no income, Veronko said, as they are conservative about renting out the house for parties to the general public due to it being located in a residential area.

The quartermaster said the members were appreciative of Suffolk County Legislator Kara Hahn (D-Setauket) who recently coordinated a visit with local trade union representatives to the post. Hahn said it was during a visit to a VFW post in Medford that she learned that sometimes trade unions donate their time to renovate VFW posts, and many local skilled laborers want to volunteer and use their skills to help veterans, which helps defray the cost of labor.

Hahn said she recognizes the appreciation residents feel for veterans, and believes they feel it’s important local posts have what they need to continue serving vets.

“I’m just trying to help however I can as a reflection of what I know is strong support from our community as a whole,” she said. “It’s everyone’s duty to help a little bit these folks who gave so much.”

Veronko said the hope is that one day the post, which hosts the East Setauket Memorial Day Parade and Veterans Day memorial service, as well as a fall chicken barbecue fundraiser, will be able to organize more community events like flea or farmers markets.

“We’ve been part of the community for a long time,” he said. “We try to be a good neighbor, and we’re trying to reach out a little bit more.”

Country Corner is located at 270 Main St., Setauket. The fundraiser begins at 4 p.m. March 2, and admission is $30 per person. For those unable to attend the event and would like to contribute, donations can be sent to the post at 8 Jones St., East Setauket, NY 11733.

Suffolk County asks the question: What to do about marijuana legalization?

by Kyle Barr - February 27, 2019

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marijuana-hearing-6 — A crowd packed the auditorium of the William H. Rogers building to speak on legalized marijuana Photo by David Luces

By David Luces

When it comes to legalizing recreational marijuana, the debate continues in Suffolk County.

More than 100 people filled the Suffolk County Legislature chambers Feb. 25 for a public hearing on the legalization of recreational marijuana and its potential impact. The over two-hour meeting fueled a contentious debate between attendees, with supporters pointing to the tax revenue the county could gain from possible legalization and the health benefits attributed to marijuana. Opponents argued that it is a quality of life issue and their view of the plant as a gateway drug, supporting the idea of the county opting out.

“When it comes to the young developing brain there are no such things as safe drugs.”

— Kym Laube

County legislators on the health committee held the hearing to gather input from the community as New York State inches closer to legalization. Gov. Andrew Cuomo (D) expressed his support for legal recreational cannabis in his inaugural address in early January.

John Durso, president of Local 338, a union that represents close to 300 workers in the NYS medical cannabis industry, said he supports legalization and views it as a potential source of economic development in the county — if done right.

“As we got to know more patients, caregivers and medical professionals, we learned even more about the benefits of medical cannabis,” Durso said. “In easing symptoms for those who are ill or those who suffer from chronic pain, [it gives them] the ability to live more fulfilled lives.”

Durso added the legalization of cannabis is an opportunity to expand beyond the 5 percent of the New York population who are currently enrolled in the state program and allow more to benefit from its effects.

Kym Laube, executive director of the nonprofit social services organization Human Understanding and Growth Services, said instead of focusing on just one drug we as a county need to address all drug use for the sake of children.

“When it comes to the young developing brain there are no such things as safe drugs,” Laube said. “Schools across Long Island are fighting this — I just don’t think we are ready today to allow this to come [into the county].”

At first, her stance was a strong no for recreational marijuana, but now with legalization potentially on the horizon she hopes it can be delayed as long as possible.

“Let’s think of how we can build our drug prevention infrastructure,” she said. “Let’s ensure before we roll this out that every youth has access to prevention as much as they have access to drugs.”

Troy Smith, deputy director of the Empire State NORML, an advocacy group for the regulation and safe sale of marijuana, said he is not advocating for legalization, rather regulation to an existing industry and safe access to the plant.

“I would like to urge you all to just say ‘no’ — don’t opt out,” he said.

Smith said many law-abiding citizens partake in the consumption of marijuana, and legalization would lead to the existing business being regulated better so customers are protected. He also added by opting out the county would forfeit tax revenue and benefit drug dealers and criminals.

David Falkowski, owner of Open Minded Organics in Bridgehampton, which grows industrial hemp and sells CBD oil, echoed Smith’s sentiments of not opting out.

“I would like to urge you all to just say ‘no’ — don’t opt out.”

— Troy Smith

“If by chance the county feels like it needs to opt out, I just ask them that this decision is not left up to a small board of temporarily appointed representatives and that it goes to a referendum vote,” he said. His sentiments were followed by loud applause from pro-legalization supporters.

Some residents expressed concerns about quality of life and potential second-hand smoke hazards. If the county chose not to opt out, one resident asked representatives to outlaw and prohibit smoking in multiple unit-dwelling buildings to avoid the issue of people getting a contact high.

For Kimberly Miller of Deer Park, marijuana isn’t all about getting high — it is more personal.

As a recovering alcoholic and sexual assault survivor who suffers from depression, anxiety and PTSD, Miller said, for her and others like her, microdosing marijuana fills the gap traditional medicine doesn’t provide.

“Today I’m here asking you to fill one last gap for me,” she said. “Legalize and regulate marijuana, like you do with alcohol and tobacco. Let me buy it from a reputable business and let me pay taxes on it. Build some commerce. It’s a win-win for both of us.”

Suffolk sheriff tells PJ students to “say something” about potential shootings

by Kyle Barr - February 27, 2019

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Sheriff Errol Toulon Jr. and his deputies spoke on what students should do about school shootings. Photo by Kyle Barr

When Suffolk County Deputy Sheriff Brian Butler asked Port Jefferson High School students whether they felt safe in school, approximately half of the assembled ninth- to 12th-graders languidly raised their hands.

The county sheriff’s office has been conducting violence prevention classes with districts called Say Something as part of the national nonprofit Sandy Hook Promise campaign to mitigate school shootings. The presentation that was made to Port Jefferson middle and high schoolers Feb. 26 asked students to learn the warning signs of a person who may commit a violent act in or out of school, and then tell a teacher, school official or another adult about it.

“We’re not going to completely prevent a school shooting, but we can do a much better job,” Butler said.

“We’re not going to completely prevent a school shooting, but we can do a much better job.”

— Brian Butler

The deputy sheriff said one of the issues he has seen with kids being unwilling to come to adults with these comments is the aura of being called out as a “snitch.”

“We live in this, ‘I don’t want to be a snitch’ culture,” he said. “That’s a prison term.”

Butler said there were a number of warning signs students should look out for among their peers, including withdrawing from others, bullying, excessive anger, thoughts or plans of harming one’s self or others or other significant personality changes. Though the most obvious sign is a social media post, which in past shootings, shooters have used to explicitly announce their intentions days before the tragedies.

The department pointed to a recent event in Brentwood where Suffolk County police arrested a 16-year-old student Feb. 24 who allegedly posted a message on Snapchat saying he would be “shooting up the Brentwood Freshman Center” the following day. A student took a screen capture of the Snapchat message and sent it to officials, who arrested the young man on charges of making a terroristic threat.

While some could look at those warning signs and see a young person going through the normal emotional swings of becoming an adult, the deputies said the point of the presentation was to increase student’s awareness and to lighten the stigma of speaking up.

“This is not a paranoia thing,” Deputy Sheriff Keith Hoffman said.

Sandy Hook Promise was formed in part by parents of children involved in the Newtown, Connecticut, school shooting in 2012, where a 20-year-old man fatally shot six adults and 20 elementary school children, all of whom were 7 years old or younger. The nonprofit announced a partnership with the county sheriff’s office in August 2018. Since then, Butler said the department has been to more than 10 school districts and spoken in front of hundreds of children.

“It may not happen here, but it might happen somewhere else you might be.”

— Errol Toulon Jr.

While the sheriff deputies said the likelihood of a school shooting happening in Port Jefferson is slim, Sheriff Errol Toulon Jr. (D) said the specter of the possibility hangs over students as they continue in school and even into higher education.

“It may not happen here, but it might happen somewhere else you might be,” Toulon said.

Still, many schools across Long Island have increased security measures. Port Jeff Superintendent Paul Casciano said the 2018-19 school budget included increases for the number of security staff, as well as funds for new security vestibules in both the elementary school and the combined high school and middle school building. These projects are currently awaiting review by New York State’s Department of Education and won’t likely be completed until this summer or later.

Other districts have taken the step of hiring armed guards for their schools, such as Mount Sinai and Miller Place, but Casciano said the point when security becomes overwhelming for students is when “kids feel like they’re going into a prison.”

“It’s a community decision,” he added.

Suffolk police, schools reach agreement on SRO’s job description

by Sara-Megan Walsh - February 27, 2019

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Huntington-High-School-w — Huntington High School. File photo

Exactly two months after a New York Times Magazine article about the deportation of a Honduran immigrant rocked the Huntington school community, Suffolk County Police Department and Suffolk County school superintendents have agreed on a job description for school resource officers.

Kenneth Bossert, president of Suffolk County Schools Superintendents Association, said his organization has been diligently working hand-in-hand with Suffolk police to craft the one-page document that sets out a 19-point bullet list outlining the roles and responsibilities of every school resource officer shared with TBR News Media Feb. 26.

“This document is intended to specify what these roles and responsibilities have been and is in no way intended to modify this existing program, which has achieved much success since it was established decades ago,” read a joint statement issues by Suffolk police and the superintendents association.

Suffolk’s SRO program was established in 1998, but there has never previously been a formal written document outlining the responsibilities of an SRO, according to Bossert. The issue has become a matter of pressing local concern after ProPublica reporter Hannah Dreier wrote in her Dec. 27 article that Huntington’s SRO officer Drew Fiorello was allegedly involved in providing evidence resulting in the deportation of Alex, a Huntington High School student accused of being involved with MS-13.

“[An MOU] is different from a list of roles and responsibilities, it has a legal seriousness to it different from those.”

-Josh Dubnau

“For years, I believed the [school resource officer] was placed there to protect us,” 2016 graduate Savannah Richardson said at Jan. 9 board of education meeting. “I was never aware information shared with the SRO would end up in the hands of ICE.”

At the top of new one-page policy document outlining of an SRO’s responsibilities is, “perform all duties, responsibilities, and lawful requirements of a duly sworn Suffolk County Police Officer.” This is immediately followed by the directive that SRO officers should, “Forge and maintain effective relationships” with all students and school staff.

Some of the outlined duties and responsibilities set forth in the SRO policy are very broad based and vague in details. For example, “Assist school officials when matters involving law enforcement officers are required” does not give any further explanation but seems open to individual interpretation.

Both Bossert and a police spokesperson made clear the document is not in any way to be construed or taken as a Memorandum of Understanding.

“If any individual district opts to take further action, that would be up to individual board of education and the SCPD,” Bossert said.

Huntington Superintendent James Polansky and the district’s board of education previously promised in a Dec. 28 letter to the community that they would seek an MOU as “such an agreement would establish formal procedural guidelines associated with the SRO position, as well as with information flow and restrictions.” The superintendent also expressed in January that any MOU would likely need to be individualized per school district.

Polansky did not respond to requests for comments on the new SRO policy outlining the position’s role and responsibilities.

Several requests made by Huntington school district parents, students and community members over the last two months for clear boundaries and restrictions on the SRO’s position are not reflected by the new one-page policy. There is no mention made of SROs receiving required training in areas such as cultural competency or restorative justice practices and nothing regarding privacy of students and their records. Notably, there was no community forum or event provided for residents as was repeatedly requested by Huntington parents and students to give their input on the agreement.

“This document is intended to specify what these roles and responsibilities have been and is in no way intended to modify this existing program…”

— Joint statement

Huntington parent Josh Dubnau reissued his call for a full Memorandum of Understanding contract as “necessary” between the school district and Suffolk police at the Feb. 25 board of education meeting while wearing a T-shirt that read, “Agents of Change.”

“[An MOU] is different from a handshake agreement, different from a gentleman’s or woman’s agreement,” he said. “It is different from a list of roles and responsibilities, it has a legal seriousness to it different from those.”

Dubnau called for Huntington school administrators to give more specific details on what they have alleged were inaccuracies in the New York Times Magazine piece as well as what steps the district has taken internally to prevent a similar situation from occurring again.

“What internal investigation has taken place to figure out what went wrong and to identify what needs to change?” he asked. “What changes if any have unilaterally been put in place by the school to prevent children from being labeled as gang associated and to provide a process for families to be aware of that and challenge it if it indeed happens. “

Jennifer Hebert, president of Huntington’s board of education, reacted only to tell Dubnau that it was “not the forum to address this.” The board does have a policy of not responding to speaker’s questions during its public comment period. However, no trustee chose to address the issue during a time set aside for closing remarks by board members.

The next Huntington BOE regular business meeting is scheduled for 7:30 p.m. March 25 at Jack Abrams STEM Magnet School.

Medical Compass: Seeking healthy longevity

by David Dunaief - February 26, 2019

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supermarket-meat1 — Studies have shown that eating less animal protein may prolong your life. Stock photo

Plant protein trumps animal protein

By David Dunaief, M.D.

When asked what is more important, longevity or healthy aging (quality of life), more people choose the latter. Well, it turns out the two are not mutually exclusive.

The number of 90-year-olds is growing by leaps and bounds. According to the National Institutes of Health, those who were more than 90 years old increased by 2.5 times over a 30-year period from 1980 to 2010 (1). This group is among what researchers refer to as the “oldest-old,” which includes those aged 85 and older.

What do these people have in common? According to one study, they tend to have fewer chronic morbidities or diseases. Thus, they tend to have a better quality of life with a greater physical func-tioning and mental acuity (2).

In a study of centenarians, genetics played a significant role. Characteristics of this group were that they tended to be healthy and then die rapidly, without prolonged suffering (3).

Factors that predict one’s ability to reach this exclusive club may involve both genetics and lifestyle choices. Let’s look at the research.

We are told time and time again to exercise. But how much do we need, and how can we get the best quality? In a 2014 study, the results showed that 5 to 10 minutes of daily running, regardless of the pace, can have a significant impact on life span by decreasing cardiovascular mortality and all-cause mortality (4).

Amazingly, even if participants ran fewer than six miles per week at a pace slower than 10-minute miles, and even if they ran only one to two days a week, there was still a decrease in mortality compared to nonrunners. Here is the kicker: Those who ran for this very short amount of time potentially added three years to their life span. There were 55,137 participants ranging in age from 18 to 100 years old.

An accompanying editorial to this study noted that more than 50 percent of people in the United States do not meet the current recommendation of at least 30 minutes of moderate exercise per day (5).

Diet

A long-standing paradigm is that we need to eat sufficient animal protein. However, there have been cracks developing in this façade, especially as it relates to longevity. In an observational study using NHANES III data, results show that those who ate a high-protein diet (greater than 20 percent from protein) had a twofold increased risk of all-cause mortality, a four times increased risk of cancer mortality and a four times increased risk of dying from diabetes (6). This was over a considerable duration of 18 years and involved almost 7,000 participants ranging in age at the start of the study from 50 to 65.

However, this did not hold true if the protein source was plants. In fact, a high-protein plant diet may reduce the risks, not increase them. The reason, according to the authors, is that animal protein may increase insulin growth factor-1 and growth hormones that have detrimental effects on the body.

Interestingly, those who are over age 65 may benefit from more animal protein in reducing the risk of cancer. However, there was a significantly increased risk of diabetes mortality across all age groups eating a high animal protein diet. The researchers therefore concluded that lower animal protein may be wise at least during middle age.

The Adventists Health Study 2 trial reinforced this data. It looked at Seventh-day Adventists, a group that emphasizes a plant-based diet, and found that those who ate animal protein up to once a week had a significantly reduced risk of dying over the next six years compared to those who were more frequent meat eaters (7). This was an observational trial with over 73,000 participants and a median age of 57 years old.

Inflammation

In the Whitehall II study, a specific marker for inflammation was measured, interleukin-6. The study showed that higher levels did not bode well for participants’ longevity (8). In fact, if participants had elevated IL-6 (>2.0 ng/L) at both baseline and at the end of the 10-year follow-up period, their probability of healthy aging decreased by almost half.

The takeaway from this study is that IL-6 is a relatively common biomarker for inflammation that can be measured with a simple blood test offered by most major laboratories. This study involved 3,044 participants over the age of 35 who did not have a stroke, heart attack or cancer at the beginning of the study.

The bottom line is that, although genetics are important for longevity, so too are lifestyle choices. A small amount of exercise, specifically running, can lead to a substantial increase in healthy life span.

Protein from plants may trump protein from animal sources in reducing the risk of mortality from all causes, from diabetes and from heart disease. This does not necessarily mean that one needs to be a vegetarian to see the benefits. IL-6 may be a useful marker for inflammation, which could help predict healthy or unhealthy outcomes. Therefore, why not have a discussion with your doctor about testing to see if you have an elevated IL-6? Lifestyle modifications may be able to reduce these levels.

References:

(1) nia.nih.gov. (2) J Am Geriatr Soc. 2009;57:432-440. (3) Future of Genomic Medicine (FoGM) VII. Presented March 7, 2014. (4) J Am Coll Cardiol. 2014;64:472-481. (5) J Am Coll Cardiol. 2014;64:482-484. (6) Cell Metab. 2014;19:407-417. (7) JAMA Intern Med. 2013;173:1230-1238. (8) CMAJ. 2013;185:E763-E770.

Dr. Dunaief is a speaker, author and local lifestyle medicine physician focusing on the integration of medicine, nutrition, fitness and stress management.

Objects Found art exhibit opens in Huntington

by Heidi Sutton - February 26, 2019

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Evanescense by Gabriella Grama — 'Evanescence' by Gabriella Grama

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The Huntington Arts Council recently announced the winners of its latest exhibit, Objects Found. Juried by Tara Leele Porter of Red Lotus Fused Glass Art, artists were invited to submit work that incorporated salvaged materials like buttons, antiques, toys and textiles to complete their work.

Participating artists include Beth Atkinson, Lisa L. Cangemi, Kathleen Celestin-Parks, Janet Costello, Heather Gottfried, Naomi Diracles, Terry Finch, Jim Finlayson, Anindita Ghosh, Bill Grabowski, Jeffrey Grinspan, Lenore Hanson, Beth Heit, Julianne Jimenez, Julianna Kirk, Liz Kolligs, Stephen S. Martin, Martha McAleer, Glenn McNab, Kristen Memoli, John Micheals, Gabriella Grama, Gail Neuman, Ellen Paul, Jonathan Pearlman, Howie Pohl, Denis Ponsot, Meryl Shapiro, Sally Shore, Lauren Singer, Toxic/Nature Studios by Scott Schneider and Nancy Yoshii.

“Selecting for this show was challenging because of all the high quality artwork. The artwork varies from minimalist to maximalist with their narrative composed of everyday materials manifested in sublime ways and are like pieces of Jazz who found their form bebopping down the rabbit hole,” commented Porter.

Jeffrey Grinspan of Commack won Best in Show for “Parallel of Truths and Desire.” Honorable Mentions were awarded to Beth Atkinson of Northport for “Games People Play”; Ronkonkoma’s Gabriella Grama for “Evanescence” (see above); Jonathan Pearlman of East Quogue for “Skate Boys”; and Meryl Shapiro of Forest Hills for “Morning, Afternoon, Evening, Night.”

“[This is] a wonderful compilation of artistic expression through a vast variety of objects and creative techniques,” said Executive Director Marc Courtade. “I certainly welcome everyone to stop by the gallery to see this exhibit.”

Objects Found will be on view at the Huntington Arts Council’s Main Street Gallery, 213 Main St., Huntington through March 23. Admission is free. For further information, call 631-271-8423.

Legally Speaking: Should you add a TOD designation to your bank account?

by Linda Toga, P.C. - February 26, 2019

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TOD_estate_planning — The distribution of the assets in an account with a TOD designation is independent of the terms of a will. Stock photo

By Linda M. Toga, Esq.

THE FACTS: My mother had a savings account which held nearly $50,000. About a year ago while my daughter was visiting my mother, my mother and daughter went to the bank to make a deposit. While there an employee of the bank advised my mother that it was important that she name a beneficiary on her savings account. The bank employee suggested that not having a beneficiary on the account would create problems when my mother died.

Although my mother has a will that provides that her grandchildren get equal share of her estate, my mother trusted the employee and signed a “transfer on death” designation naming my daughter as the recipient of the account following my mother’s death.

My mother recently told me about this visit to the bank and was quite upset to learn that the result of her signing the form at the bank was that my daughter would inherit approximately $50,000 more than her siblings and cousins.

THE QUESTION: What can my mother do to ensure that all of the grandchildren receive equal shares of her estate?

THE ANSWER: If your mother wants her grandchildren to receive equal shares of her estate when she dies, she has two options: she can change the transfer on death (TOD) designation or she can change her will.

HOW IT WORKS: Before detailing each option, it is important to know that assets passing under your mother’s will are not treated the same as assets passing pursuant to the TOD designation.

Assets passing under the will are called probate assets. Their distribution is controlled by the terms of the will. The assets in the account with the TOD designation are nonprobate assets and their distribution is independent of the terms of the will. As long as the TOD designation is in place, the assets in the account will not be governed by your mother’s will even if she makes an explicit bequest of those assets in her will.

With respect to the TOD designation, your mother can either revoke the designation entirely or she can change the designation form. If she revokes the TOD designation, the funds in her account will be deemed probate assets and they will pass under her will. The end result would be that each grandchild would receive an equal share of the account.

Alternatively, your mother may revise the TOD designation by adding her other grandchildren’s names to the form and stating that the funds are to be divided equally between the named beneficiaries. In this scenario, the funds in the account will still be considered nonprobate assets, but the bank will be required to pass an equal share of the assets to each of your mother’s grandchildren. Since the revocation or modification of the TOD can be done by simply going to the bank and signing a new form, changing or revoking the TOD designation is the easiest and least expensive way to address the problem.

The second option open to your mother to ensure that her grandchildren receive equal shares of her estate is for her to leave the current TOD designation in place and to revise her will. She would have to add language to the will that provides that the amount of the bequests passing to each grandchild under the will shall be adjusted to take into consideration any nonprobate assets they may receive.

For example, if your mother’s current will provides that $100,000 of probate assets is to be divided equally between three grandchildren, the provision would dictate that the $50,000 in nonprobate assets passing to your daughter should be added to the probate assets so that the total value of estate assets earmarked for grandchildren could be calculated. That total ($150,000) would then be divided equally between the three grandchildren. Using the figures above, the end result would be that each grandchild would receive the same amount of money from your mother’s estate; $50,000.

Your mother should seek the assistance of an experienced estate planning attorney if she opts to revise her will. She cannot revise her will by simply writing in the margins or making other notes in the will as to her wishes. Such handwritten attempts at changing a will are not enforceable and the end result would be that your daughter would receive a share of the probate assets plus any funds remaining in the savings account at the time of your mother’s death.

Linda M. Toga provides legal services in the areas of estate planning/elder law, probate and estate administration, real estate, small business service and litigation from her East Setauket office.

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