Yearly Archives: 2023

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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

In our last column, we outlined the criteria for eligibility to seek compensation or monetary damages for injuries you sustained in an automobile accident due to another driver’s negligence. We also explained the initial steps necessary to make such a claim. Now it is time to discuss how to evaluate your claim and negotiate with the insurance company insuring the at-fault party who caused the accident. 

Indeed, the first question we, and other lawyers, are often asked is, “How much is my case worth?” Although cliché, the answer is virtually always “It depends.” The truth is that there is no simple or easy answer to this inquiry, nor is there a tried-and-true method to develop a reasonable value for a given case. There are simply no established valuations for any particular injury, no charts to refer to, or answers even Siri can provide you. Among the many criteria for estimating a case’s value are the following:

• The severity of the injury itself

• Permanent disability due to the injury

• Age and occupation of the injured person

• If employed, time missed from work

• Ability to perform functions for daily life in the future (i.e., household chores)

• Ability to enjoy recreational activities, such as sports, that you participated in prior to the accident

• Expenses not paid by your No-Fault insurance carrier.

Several additional factors are considered when evaluating a particular claim; however, those enumerated above are the most important. For example, if the injured person is a construction worker who hurts his or her back in a motor vehicle accident, the effect may be a long period of time out of work. A computer operator who suffers a fractured hand or wrist and develops carpal tunnel syndrome may be disabled for longer than someone in a different position. The same goes for a doctor, electrician, or many other professions. In conjunction with these issues, the pain and suffering caused by the injury leads claimant’s attorneys and insurance companies to come up with monetary damage ranges and amounts.

While this is clearly far from an exact science, lawyers who handle personal injury automobile accident cases have many references they can utilize to evaluate these cases. These include publications reporting recent jury verdicts around the state for particular injuries or even significant settlements. Thus, the personal injury practitioner can get a sense of how much a claimant may expect to receive for a particular injury in each county in New York State, or what an insurance company would be willing to pay for such injuries. 

However, the exact amount your case may be worth is highly subjective and unique to your specific circumstances. Therefore, the claimant and their attorney must discuss the above criteria applicable to the case and start negotiating with the insurance carrier. 

It must be understood that insurance companies are under no legal obligation to pay a claim, although if they do negotiate, they must do so in good faith. This basically means that the insurance company runs certain risks if it makes woefully inadequate offers to settle your claim.

Our next column will answer more often-asked questions, like “Why do I need so much automobile coverage, if I have homeowners’ insurance or an umbrella policy?”

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

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By Raymond Janis

Thatch Meadow Farm is a scenic, historic property in St. James tucked away off a dirt path from Harbor Road.

Situated along 18 acres overlooking Stony Brook Harbor, the farm features a massive barn, an 18th-century era mansion, several cottages and farmhouses and a wide assortment of trees, shrubs, plants and other natural greenery.

Supervising this vast estate is Constance “Conky” Nostrand, who inherited the land from her grandmother along with her two sisters, both now deceased.

Following the death of her mother when she was a teenager, Nostrand moved to Manhattan to live with her father. She said Central Park “saved her life” during those years, its open space “what made Manhattan work for me.”

Now, as she walked the land which has been in her family all her life, the sole inheritor of this estate defined her life’s mission.

“My job is to save this property,” she said. “It’s my savior. It has saved me my entire life, and it’s the only thing that brings me such peace and happiness and serenity.”

Preservation pitfalls

Nostrand expressed fears that such open spaces throughout Long Island could soon be wiped out — paved over and developed.

“My vision is that eventually Long Island is going to look like Manhattan Island,” she said. “Everything is going to be concrete and gridlocked and sectioned off into squares of asphalt.”

She viewed the general trends taking place both locally and globally as moving away from the values of preservation and conservation.

“A lot of people don’t see preservation as it should be seen and the benefits of it — of open space, of quiet space, of land with flowers and trees,” she said. “There’s geese and deer and animals all over the place with butterflies and hummingbirds.”

She added, “It’s because of the nature around us that they’re all here. It’s a sanctuary.”

But maintaining such a space requires continual upkeep and repairs. And while Nostrand, a former child care worker, says her retirement check has not increased, she sees costs skyrocketing everywhere else.

“It’s always going to cost money to fix things, and unfortunately everything is getting more expensive — except my child care retirement salary,” she indicated.

Nostrand also observed how the odds are increasingly stacked against Long Island’s aging population, who she said are having an even harder time staying put:

“I’m not sure how people are supposed to stay in their homes when they get older if they don’t get more money,” adding, “It’s really challenging how your taxes go up, but your income doesn’t go up.”

Conquinox music event

Given the sense of awe and tranquility the land has inspired in her, Nostrand has sought to share her “piece of heaven” with others. She noted the tradition of concert events held along the main lawns throughout the decades. 

“I like to share [the property] with others, which is one of the reasons I used to have these solstice parties,” she said. Through them, “I felt I was making lots of people appreciate this property because nobody sees it — we’re off the beaten path.”

Grappling with a high tax assessment on the property and related maintenance expenses, Nostrand forecasted her next endeavor as an adventure into “a new realm.”

Inspired by wineries along the East End, Thatch Meadow Farm is currently experimenting with transitioning the venue into an entertainment space. “The concept is to use the farm for flowers and music,” she said.

The farm will launch the inaugural Conquinox event on Saturday, Sept. 30. This four-hour concert will feature an all-star lineup, including Bakithi Kumalo’s Graceland Experience.

Reached via Zoom, Kumalo — who is best known for his fretless bass playing on Paul Simon’s famous 1986 “Graceland” album — outlined his deep connection to Long Island and Thatch Meadow Farm.

Kumalo, whose journey began in South Africa, spent nearly three decades living in Stony Brook before moving to Pennsylvania, where he currently resides. He highlighted the value that historic parcels, such as Thatch Meadow, could offer a community.

“A place like that, we need it for educational programs,” he said. “A venue like that can be used … all year round” to educate children about local history, while offering a space for musical performances.

Kumalo suggested that while he had observed many “problems with the system” while growing up in South Africa, music had always offered refuge from the societal ills around him. Now, given the difficulties facing the farm, he regarded the need for music as recurring for Thatch Meadow.

“For the music, you try to stay focused and not get distracted by the outside stuff,” he said. “It’s not about the money. It’s about the support, and I have a great team of people who are going to help me and play this music.”

But, he added, “We can’t do this without the community. Everybody has to pitch in.”

To learn more or purchase tickets for the event, visit www.thatchmeadowfarm.com.

An optimistic outlook

Despite the barriers, Nostrand said she remains committed to the cause for historical preservation of her family’s farm.

“It’s always going to be a struggle, but nothing is easy,” she said. “You have to fight for everything you want, and the fight has to be just,” adding, “There’s nothing more just than saving this property.”

In the face of adversity, she maintained an optimistic outlook. “I’m an optimist,” she said. “I’m going to hope and pray that all good things will happen, and that’s all I can do.”

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Police car. Stock photo

Suffolk County Police Department Safe-T, assisted by the New York State Police and the Suffolk County Sheriff’s Office, arrested three motorists during an overnight sobriety checkpoint in Huntington Station. Staff and volunteers for Mothers Against Drunk Driving (MADD) attended and handed out educational fliers to motorists who were stopped at the checkpoint.

Police officers from the Suffolk County Police Department’s Highway Patrol Bureau conducted a joint sobriety checkpoint operation with New York State Troopers and Suffolk County Deputy Sheriffs at the LIRR parking lot, located at Route 110 and Church Street, from 11 p.m. on Sept. 1 until 2:30 a.m. on Sept. 2. The checkpoint was part of an ongoing Labor Day holiday weekend enforcement crackdown targeting alcohol and drug impaired driving. A total of 403 vehicles went through the checkpoint.

The following were charged with two counts of allegedly Driving While Intoxicated:

  •   Claudia Primavera-Murphy, 61, of 2Huntington
  •   Jonathan D. Commisso, 30, ofHuntington Station
  •   Frank Arcarola, 50, of Huntington Station. Arcarola was additionally charged with Criminal Possession of a Controlled Substance 7th Degree.

The Stony Brook School. Photo from Facebook

By Samantha Rutt

The Stony Brook School, a private Christian college-preparatory school just off Route 25A in Stony Brook, applied as of July 12 to the Town of Brookhaven Board of Zoning Appeals for a proposed expansion to add three new buildings to the 55-acre campus.

The boarding and day school’s plan includes the construction of an indoor practice facility, a three-story dormitory building and a three-story STEM building. The school’s original application proposed installing a parking lot from campus near the sports facility with exit points onto Chub Hill Road, Stony Road and Woodbine Avenue, potentially resulting in an uptick in traffic in the neighborhood.

Over a dozen residents turned out at Brookhaven Town Hall Wednesday, Aug. 23, presenting a signed petition, copies of emails and a collection of pictures to the zoning board.

At the meeting, representatives from The Stony Brook School presented the board with an updated plan that slightly altered the soon-to-be-constructed building’s exit points, resulting in lower-grade disruption to the surrounding neighborhood.

Residents of the surrounding neighborhoods have begun an outreach effort opposing the expansion, placing fliers in mailboxes and alerting residents of the incoming project.

In addition to fliers, nearby residents created a petition in opposition to the prep school’s plan. The petition addressed the Town Board and further explained the collective concerns throughout the neighborhood. Over a dozen Stony Brook residents signed the petition.

“My neighbors and I are very concerned this will intrude on the quiet enjoyment of our homes and potentially diminish property values,” said Stony Brook resident James Orlando in an email to members of the ZBA.

“This connection creates a new entrance to the interior of campus, which will bring increased student, parent, sports team and other school-related traffic into our neighborhood,” he added.

“I have contacted local real estate agents who have all said my property value will decrease if these buildings are constructed in what is basically my backyard,” Jenny Lorenzen, a Stony Road resident, said.

Some residents considered the expansion plan a safety hazard and a disruption to the tranquility of their neighborhood, noting the potential for increased traffic congestion and noise, decreasing property values and environmental impact.

Lorenzen and other residents voiced concerns at the zoning meeting, centered around emissions from the facilities as they will be air-conditioned and in use year-round. She is also concerned about other potential environmental impacts, mentioning clearance from the Environmental Protection Agency and road surveys.

As is, the neighborhood boasts narrow roadways that poorly accommodate two-way traffic. In addition, public school buses from the Three Village Central School District cannot enter the area. Instead, children must walk to designated bus stops at Quaker Path, Cedar Street or Christian Avenue.

Following the Aug. 23 meeting, the ZBA adjourned its review of the prep school’s application until Sept. 20.

Runners take off from the starting line on Main Street in Stony Brook Village at last year's race. Photo from Dan Kerr
Registration underway for SOLES for All Souls Race

By Daniel Kerr

Historic All Souls Church has stood on the hill at the entrance to Stony Brook Village since 1896. Although much has changed in the village since then, the simple beauty of the building and the interior have remained true to Stanford White’s vision. 

Interestingly, life expectancy back then in the United States was less than 50 years, and accessibility for the elderly or handicapped was not part of the design. On Sunday, October 1st, the 15th SOLES for All Souls 5K Race/2K Walk will celebrate the role of the National Landmark chapel in the community and raise funds to make it accessible to all. 

Episcopal Bishop of Long Island Lawrence Provenzano stated, “Accessibility is an integral part of welcoming everyone in our communities into our parishes and we are proud to support this fantastic event with its goal to make All Souls a place that can truly serve everyone.” 

Three of the winners from last year’s race. Photo from Dan Kerr

Herb Mones, an All Souls Church member, and both president of the Three Village Community Trust and Land Use Chair for the Three Village Civic Association, recently observed “SOLES for All Souls is vital to raising the necessary funds for our accessibility project. I am hoping that the entire running and walking community turns out to support our efforts.” 

Richard Bronson, MD, former Suffolk County Poet Laureate, remarks, “How many times have I entered All Souls Church, felt its sanctity, marveled at its quiet beauty while listening to recited verse at the Second Saturday Poetry Reading? How can one not wish to participate in the SOLES for All Souls Race/Walk, an event that will raise funds to make this treasure accessible to all…and it is good for one’s health.”

SOLES For All Souls is perhaps the most inclusive race/walk on Long Island.  Serious runners compete for gold, bronze, and silver medals in age groups from under 13 to over 80 and receive their hard-won medals in an Olympic-style awards ceremony. Dogs are welcome to accompany their masters and students from Stony Brook University and others often come in costume. Senior citizens with walking sticks line up at the starting line along with parents pushing their kids in strollers. 

Looking back on last year’s race, East Patchogue resident and Overall Winner Adam Lindsey commented, “I love the opportunity to run in Stony Brook Village. The hills are the right amount of challenging yet very fun with lovely scenery. All Souls is such an integral part of Stony Brook Village, and it is a joy to run in a race to support them.” 

Port Jefferson Station resident Margaret Kennedy shared, “I look forward to this race every year, eager to see familiar faces and the creative costumes. The matched pair of peanut butter and jelly comes to mind. It is the camaraderie and fellowship that keeps us coming back to collect a new color in our t-shirt rainbow. Everyone is welcome, whether running up the challenging hill or walking with a team. This race is truly a labor of love.” 

The event is also a food drive for St. Gerard Majella’s food pantry. Brookhaven Town Supervisor Ed Romaine encourages runners and walkers to feed the hungry: “I am proud to support the SOLES for All Souls and I urge everyone to donate to the ‘Lend a Hand, Bring a Can’ food drive. There are so many of our less fortunate neighbors who experience food insecurity and they rely on donations to feed themselves and their families. If we all chip in and do our part, we can help so many people in need and make a real difference in our community.”     

Registration for SOLES for All Souls 5K Run/2K Walk is through the ACTIVE.COM website (Search: SOLES for All Souls) or register on Race Day at the Reboli Center for Art & History, 64 Main St., Stony Brook from 7:30 a.m. to 8:45 a.m.; the race/walk begins at 9 a.m. Complimentary pre and post event stretching will be provided by Progressive Personal Training.  Local musician Bill Clark will perform throughout the morning.  

Please call 631-655-7798 for more information on the event or if you would like to be a sponsor. Donations dedicated to Handicap Accessibility Project can be mailed to All Souls Race, P.O. Box 548, Stony Brook, NY 11790.

Daniel Kerr is the Director of SOLES for All Souls Race/Walk.

Ward Melville High School. File photo by Greg Catalano

By Mallie Jane Kim 

The Three Village Central School District Board of Education will have only six members this year, as one member resigned due to a career change making participation impossible.

At an Aug. 23 meeting last Wednesday, BOE president Susan Rosenzweig announced the change, explaining that the former board member in question, Jennifer Solomon, would not be replaced during this term. A special election would cost an estimated $25,000 to $30,000, diverting funds allocated to serve the school children, she explained. 

“Each of those dollars that we would have to use for something like that is taken out of the pocket of a child, so that didn’t interest any of us in any way,” she said, adding that appointing someone didn’t seem fair.

The chosen option is to do nothing, keeping the board at six trustees as they aren’t concerned about gridlock. “We all work very collegially and collaboratively together,” Rosenzweig added. “We’re not too worried about the even number.”

Last year was Solomon’s first year of a three-year term, but at a board meeting on April 26, she shared that this outcome was a possibility. During that meeting, a board member read an emailed public comment that mentioned rumors a board member planned to resign after the election, and suggested that person should step down before the election instead to allow the community to choose someone in their place. 

At the time, Solomon spoke up. “I suspect the author of that letter is referencing me,” she said, and explained the school district she was working for had cut her position, so she was forced to look for employment elsewhere. “Being on the Three Village Board of Education is a role that I care about deeply, and it’s my intention to continue on the board, provided my circumstances allow me to,” Solomon said.

As Rosenzweig shared at last week’s meeting, Solomon “has taken a position that precludes her from continuing her service to the board.”

Five excessed teachers recalled

The administration recalled five of the teachers whose positions were previously eliminated due to budgetary issues, according to Superintendent of Schools Kevin Scanlon, in some cases to keep class sizes low in each of the primary schools. 

Teacher contracts require the district to keep the average class size in each grade below a certain number, but individual class sizes can vary within that average. 

“We don’t want there to be an imbalance between one school and another school,” Scanlon said. 

But the administration had to get creative to find that balance. “In order to get to those numbers, it’s not as if there was a magic pot of money,” he said. “We actually had to make cuts in some areas.”

For example, the administration cut three permanent substitute teacher positions — a year-to-year appointment — to make room in the budget to reinstate one section of second grade at Setauket Elementary as well as to help cover costs for special areas, such as physical education, art, health and music.

Scanlon also mentioned the district’s declining enrollment, a concern that spurred ongoing considerations to reorganize the schools, is still happening — but at a slower pace. He said there are 77 fewer students enrolled this year compared to last year; last year’s decline was 140 students and the year prior was over 200.

A major factor in enrollment fluctuation is families moving in and out of the district. According to district data, there are more families in the district this year compared to last, but fewer kids. 

“That’s a very unusual thing to contemplate, but it’s just that the families are having less children,” the district superintendent noted. “A family used to have three or four children. They’re now having maybe one or two children.”

King Quality of Bohemia recently donated a new roof to Hope House Ministries in Port Jefferson. The dedication ceremony took place on Aug. 16. 

The endeavor was made possible not only through King Quality’s contribution but also through the generous material donations from ABC Supply Company and GAF Materials Corporation.

“I am truly thankful for King Quality, because over the years Jeff has stepped up and stepped forward to assist us when things happen,” said Father Francis Pizzarelli, founder and executive director of Hope House Ministries.

“Father Frank and Hope House have been changing and saving lives one at a time for over 40 years,” said King Quality CEO Jeff Brett. “A miracle happens every day at Hope House. I’ve been blessed by my association with Hope House and it is such an honor to be able to give back and help a place that helps so many.” 

 

Doctors warn against swimming in brackish water and advise wearing protective gear when handling raw shellfish, among other safety measures to guard against vibrio vulnificus. Photo from CDC

In mid-August, Suffolk County recorded its first death in seven years from vibrio vulnificus, often referred to as “flesh-eating bacteria.”

A man over the age of 55 who had underlying health conditions was admitted to a local hospital with a leg wound and chest pain in July. He died the following month due to a bacterial infection.

Dr. Susan Donelan, medical director of health care epidemiology at Stony Brook Medicine. Photo from Stony Brook Medicine/Jeanne Neville

“People that are at risk should be more aware” of an infection they can get from raw shellfish or brackish water, said Dr. Susan Donelan, medical director of health care epidemiology at Stony Brook Medicine. That includes people who have liver disease, poorly controlled diabetes, are considered immune suppressed because of a condition or are taking medication that can cause immune suppression.

At the same time, Connecticut reported that three people died from contracting the potentially deadly bacteria. Two of them died from wound infections, the third contracting the bacteria from handling raw oysters.

To be sure, most people are not vulnerable to contracting the disease or from its effects.

“The general public is not at an increased risk,” said Donelan. “In most cases, [infections] are mild or moderate.”

Those who might be vulnerable to vibrio can avoid it by not handling or eating raw or undercooked shellfish, staying away from shellfish juices, covering up wounds or not swimming in brackish waters.

People can shuck shellfish with gloves to minimize any injuries to their hands and can wash their hands before and after coming in contact with raw shellfish.

“Some people like putting raw oyster juice into different drinks,” Donelan said. “You want to avoid doing that.”

Area doctors and health officials urged people with wounds — which could include cuts, new body piercings or tattoos — to avoid swimming in brackish or salt water.

“The bacteria thrives in brackish water, where fresh water meets ocean water,” Dr. Gregson Pigott, Suffolk County health commissioner, said in an email. “It would be best to avoid those waters if you have an open wound or a chronic health condition.”

Donelan also suggested that people who go in the water with such wounds cover them up with a waterproof bandage.

Symptoms

People who contract vibrio typically develop a host of symptoms.

These can include “diarrhea, abdominal cramps, nausea and vomiting,” Pigott explained.

Dr. Gregson Pigott, commissioner of the Suffolk County Department of Health Services. File photo

Symptoms from consuming raw shellfish can start within 24 hours of a meal. A person exposed  through their skin can develop a blistering skin or soft tissue infection.

Pigott urged residents to seek help for gastrointestinal symptoms or a worsening skin infection.

Those who are unable to drink enough fluids to counterbalance the losses through the gastrointestinal tract could become dehydrated, doctors warned.

Lightheadedness and hypotensive appearances can be a warning sign that residents should seek medical help.

Wounds may become red, hot and tender with streaky marks leading away from them. These are “all concerning things” that might signal an infection, Donelan said.

People generally know how quickly cuts heal. A cut that gets visibly worse quickly, which could include blistering of the skin with a bolus that looks like murky fluid or blood beneath it should be “very concerning signs,” Donelan added.

Knowing that the bacteria is present in Long Island Sound and being aware of it could help people prevent exposure or react early to an infection.

This summer, area hospitals have not reported an unusual number of infections, according to Donelan.

Doctors said the bacteria typically lives in waters between 50 and 80 degrees Fahrenheit, which means that the longer the waters remain warm amid a hot summer and warming climate, the more likely the bacteria will be prevalent in waters around the Island.

Illness and travel

At this time of year, residents return from their seasonal travels. They sometimes bring unwanted microorganisms such as viruses or bacteria with them.

Health care professionals urged residents to notify their doctors about their travels prior to getting sick, so doctors can get an idea of where and how they might have contracted an illness.

When people return from cruises, plane trips or other travel, they should “help the emergency departments become aware of where they’ve been,” Donelan said.

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File photo

Update: Suffolk County Police arrested a Holtsville man on Sept. 1 for a hit-and-run crash that killed a pedestrian in Huntington Station on August 27. Following an investigation by Major Case Unit detectives, Kevin Galloway, 53, was charged with Leaving the Scene of an Incident without Reporting-Death.

Galloway will be held overnight at the Sixth Precinct and will be arraigned at First District Court in Central Islip on September 2.

Below is the original press release:

Suffolk County Police Major Case Unit detectives are investigating a hit-and-run crash that killed a
pedestrian in Huntington Station on Aug. 27.

Natividad Interiano was crossing Pulaski Road, at 1st Avenue, when he was struck by a dark colored
SUV traveling eastbound on Pulaski Road, at approximately 9:10 p.m. The driver of the SUV fled the
scene, continuing eastbound on Pulaski Road.

Interiano, 48, of Huntington Station, was pronounced dead at the scene by a physician assistant from the
Office of the Suffolk County Medical Examiner.

Detectives are asking anyone with information on the crash to call the Major Case Unit at 631-852-
6555 or call anonymously to Crime Stoppers at 1-800-220-TIPS.

 

By Steven Zaitz

Country came to Commack.

Nathan Dean & The Damn Band moseyed onto the Hoyt Farm concert stage Saturday night, Aug. 26, and thrilled the crowd of about 300.

Playing mostly original material as well as crowd-pleasing covers from Shania Twain and Tracy Chapman, the foursome headed by Dean on lead vocals/guitar had the crowd, young and old, up on their feet and dancing in front of the stage for much of the evening.

Founded in Arizona in 2005, Dean’s group plays well over 200 shows a year and tours across the country. The quartet has shared the stage with artists such Dylan Scott, LOCASH, Big & Rich, Cody Johnson, Randy Rogers Band, Diamond Rio and Eric Church. The Dean band was recently nominated for three Josie awards for entertainer, artist and group of the year. The Josie Music Awards honors excellence and outstanding talents and creativity across the independent music industry.

In the month of August alone, the band has graced stages in places like Jackson Hole, Wyoming, Chicago, and Grand Junction, Colorado. The group features Dean, Jason Judd (lead guitar and backup vocals), Bill Bogan (drums and backup vocals) and Chris Duke (bass guitar).

The concert was the finale of the Hoyt Farm summer concert series for 2023.