Yearly Archives: 2023

METRO photo

By Nancy Burner, Esq.

Nancy Burner, Esq.

A Descendants Trust (commonly referred to as an Inheritor’s Trust) is a trust that is created under a person’s living trust or last will and testament that only comes into effect upon the death of the creator (“Grantor” in the case of a trust or “Testator” if a will). When a person leaves an inheritance for a beneficiary, he/she can choose to leave the share to the beneficiary outright or in a further Descendants Trust. 

If left in a Descendants Trust, the inheritance: (1) can be protected from the beneficiary’s creditors, (2) will avoid becoming marital property subject to equitable distribution upon the beneficiary’s divorce, and (3) will be better preserved for future generations.

One advantage of a Descendants Trust is that if it is drafted correctly it can offer creditor protection for the beneficiary. Typically, the terms of the Descendants Trust will provide that income generated by the trust (e.g. interest, dividends) is distributed to the beneficiary annually/quarter-annually and trust principal can be distributed for the beneficiary’s health, education, maintenance, or support (“HEMS”) if the beneficiary is acting as his/her own trustee. 

Otherwise, an independent trustee (a person not related by blood or marriage to the beneficiary and is not subordinate to the beneficiary i.e. does not work for the beneficiary) can distribute trust principal for any purpose. By limiting distributions in this way, the trust property will be beyond the reach of the beneficiary’s creditors and protected from any potential judgments.

A second advantage of Descendants Trusts is that they are an effective tool of protecting the beneficiary’s inheritance in the event of divorce. Generally speaking, when people get divorced they each retain their “separate property” while “marital property” is equitably divided by the court. Separate property includes property received as an inheritance, but if that inherited property is comingled with other marital property during the marriage, it can be subject to equitable distribution upon divorce. 

However, if the inheritance is left in a Descendants Trust and the beneficiary keeps the inheritance in the trust and avoids comingling it, the property will be protected from the beneficiary’s spouse should they get divorced.

Another benefit of a Descendants Trust is that it is a good vehicle for preserving wealth for future generations. When property is left to a beneficiary outright, it simply becomes a part of the beneficiary’s own estate, and thus will pass according to his/her own estate planning documents upon his/her death. However, the terms of a Descendants Trust can stipulate the contingent/remainder beneficiaries so, for example, one can provide that upon a child’s death their share is to pass to his/her children in further trust. 

Additionally, for high net-worth individuals with taxable estates, by limiting distributions of trust principal for HEMS, as discussed above, property passing into the Descendants Trust will remain outside of the beneficiary’s taxable estate, saving the beneficiary potential estate taxes upon his/her own death.

A Descendants Trust can be a great option for those who want to leave property to beneficiaries with creditor issues, beneficiaries going through a divorce, high net-worth individuals, or simply for beneficiaries lacking fiscal responsibility where it would be best for their inheritance to be managed by another person as trustee. An experienced elder law attorney can advise you as to whether a Descendants Trust makes sense for your particular situation and estate planning goals.

Nancy Burner, Esq. is a Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Trusts and Estates. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.

Historical re-enactors Mort Rosen and Donna Smith at last year's event. Photo by Raina Angelier

By Rita J. Egan

For nearly 30 years, the Three Village Historical Society (TVHS) has brewed up ghostly fun with a twist of history at its annual Spirits Cemetery Tour. The popular event returns on Saturday, Oct. 21 with A Century of Chicken Hill. 

Attendees will visit 10 locations in the Caroline Episcopal Church of Setauket and Setauket Presbyterian Church graveyards, where they will learn about the lives of former Chicken Hill residents.

Mari Irizarry, TVHS director, said the society’s educational committee writes and develops the scripts for the annual event. While some dialogues could be reused in the past, all the scripts are original this year.

A scene from the 2022 Spirits Tour. Photo by Raina Angler

“This year, we’re going to see some characters with names that we definitely know like Ridgeway, like Golden,” Irizarry said. “People who were really active in the Chicken Hill community just 100 years ago, 120 years ago.” Joseph Ridgeway was a key investor in the Rubber Factory which once operated in Setauket, and the Goldens were third-generation Jewish residents in the Three Village area.

During previous tours, actors playing the spirits would talk directly to attendees and describe their character’s life. While a few will do the same this year, overall, guests will walk in on conversations taking place among Chicken Hill spirits.

“You will listen in on a conversation they are having about maybe the shipyard off Shore Road or about the new railway that’s coming to Stony Brook,” Irizarry said.

With descendants of some of the former residents depicted on the tour still living in the area, the society’s director said they had the opportunity to confirm a fact about one spirit with a great-grandchild who lives in Stony Brook. “We don’t get to do that very often,” she said.

This year marks the first Spirits Tour Kimberly Phyfe, TVHS development coordinator, has worked on and will experience. She said she is excited to see it and knows regulars will, too.

“Even if you have come to the Spirits Tour in the past, year after year, you’re going to see new characters, you’re going to meet new spirits,” Phyfe said. “We have different locations. Even though, obviously they’re in the same church graveyards, it’s a totally different experience, because it’s all new scripts and a lot of new actors, a lot of returning actors, too.”

She added that researching using the historical society’s archives with Scott Ferrara, collections and exhibits coordinator, was fascinating.

Donna Smith portrays Maria Smith Williamson during previous Spirits Tour

“We were able to reference pieces in our archives that directly relate to and support the scripts of the Chicken Hill characters,” Phyfe said, adding among the items are the Ridgeway family bible, and items listed in a ledger that Rubber Factory laborer and Chicken Hill community member Jacob Hart’s wife, Hannah, bought at the Tyler General Store and more. 

“Just knowing that our archives are in direct relation to the program that we are putting on is really incredible to be a part of,” she said. “lt’s living history. It’s not just in a box on the shelf somewhere. We’re able to bring that out into the community.”

Phyfe added characters not depicting a specific person will be based on the types of people they have documentation on.

Among those who played a part in writing and editing the script were Town of Brookhaven Historian Barbara Russell and professional editor Stephanie Sakson.

Sakson has portrayed spirits twice in the past and helped with the scripts. She said for the Chicken Hill dialogues, she fine-tuned them and added some more history and humor. She said researching Chicken Hill was interesting.

A scene from a previous Spirits Tour. Photo by Beverly C. Tyler

“I really didn’t know anything about Chicken Hill,” the Port Jefferson resident said. “I told my friends ‘you have to come see this!'”

She hopes attendees will gain “an appreciation that history is a living thing” and be inspired to do further research by visiting places such as the historical society and library.

“It’s not like it happened and it’s over,” she said. “You can see around you the effects of history, and how it has shaped how we feel about where we live and gives us an appreciation of how colorful and rich the place where we live is.”

The 29th Annual Spirits Tour will be held on Saturday, Oct. 21 (Rain date Oct. 28). Tours, which are approximately 1 hour and 15 minutes long, leave from the Setauket Presbyterian Church, 5 Caroline Ave., Setauket every 15 minutes starting at 5 p.m. The last tour departs at 7:30 p.m. 

Irizarry urges all tourgoers to arrive early, dress for extended time outdoors, wear comfortable walking shoes and bring a flashlight. An exhibit with additional information on Chicken Hill will be on display at Setauket Presbyterian Church throughout the night and complementary apple cider from Ann Marie’s Farmstand in Setauket and donuts donated from local supermarkets will be served.

Tickets in advance at www.tvhs.org are $25. Tickets on the night of the event, if available, are $30. For more information, call 631-751-3730.

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Do you recognize this man? Photo from SCPD

Suffolk County Crime Stoppers and Suffolk County Police Sixth Precinct Crime Section officers are seeking the public’s help to identify and locate the man who allegedly damaged a vehicle in Port Jefferson Station last month. 

A man driving a black Chevrolet Silverado allegedly struck a Toyota Camry in the parking lot of ShopRite, located at 5145 Nesconset Highway, on September 21. The suspect fled the scene. 

Suffolk County Crime Stoppers offers a cash reward for information that leads to an arrest. Anyone with information about these incidents can contact Suffolk County Crime Stoppers to submit an anonymous tip by calling 1-800-220-TIPS, utilizing a mobile app which can be downloaded through the App Store or Google Play by searching P3 Tips, or online at www.P3Tips.com. All calls, text messages and emails will be kept confidential.

Public domain photo
Photo courtesy Rabbi Aaron Benson
By Rabbi Aaron Benson

I love Israel. I think the founding of the modern state in 1948 was a miracle, fulfilling 2,000 years of the Jewish people’s dreams.

“My eyes are dimmed with grief,” says Psalm 6. Images and stories of children, young adults, elderly and even whole families being kidnapped, beaten and murdered break me over and over since the war with the Hamas-controlled Palestinian enclave of Gaza began Saturday, Oct. 7.

I want justice done on their behalf and the perpetrators of such atrocities punished. But I know, even though I can’t imagine how, that there are people out there who see these things as justified, as necessary even, who think of the nation I view as a miracle as a curse.

And I know that if I talk to those people and cry out, “How can this possibly be right?” they will respond that it is. And they will mean it. That conversation will go nowhere, and that won’t stop anyone dying.

Back in college, I was very active in Jewish student life. I also took Arabic, at which I was not great. Often in college, we Jewish students would be demonstrating opposite Muslim students, including some of my Arab classmates, over Israel and Palestine. There was nothing about that topic the groups could say to each other civilly.

However, I could talk about homework with the other students from class. Not only because I could use the help, but because it made me and them human to the others on our opposing sides. 

In the past, many Egyptians and Jordanians spilled Jewish blood in their own fighting wars with Israel, to no avail.

Miraculously, the leaders of those countries took a chance — not on winning, not on convincing the Israelis to disappear, but on coexisting. Israel did, too. And, by and large, it worked. And in recent years, other countries in the Arab and Muslim worlds have done the same with similar results.

One doesn’t make peace with those you like, but with those you hate. You don’t even need to stop hating them to have peace. You just need to agree further bloodshed isn’t going to finally make someone right, it will just make someone dead.

There is a growing list of countries making peace with Israel to the benefit of all. Add this to the centuries of generally positive coexistence between Muslims and Jews throughout history, and you might come away thinking that if vindication isn’t possible, then peace isn’t a bad consolation prize.

I pray those kidnapped will be found safe. And I pray that the blood has already been shed of that final person whose death will convince the sides that coexistence — that peace — is the only resolution.

Please, God, may that be so.

Aaron Benson is the rabbi at North Shore Jewish Center, based in Port Jefferson Station.

Suffolk County District Attorney Ray Tierney. Photo from Tierney's office

Suffolk County District Attorney Raymond A. Tierney on Oct. 13 announced the arrests of two Internal Revenue Service employees, Tina White, 36, of Bellport, and Shawana Williams, 45, of Centereach, for allegedly unlawfully receiving thousands of dollars for allegedly filing separate, fraudulent Small Business Administration loan applications.

“These individuals are alleged to have stolen government funds by abusing a program intended to help legitimate small business owners pay their employees during the COVID-19 pandemic,” said District Attorney Tierney. “I want to thank the United States Treasury Inspector General for Tax Administration for working with my office to investigate and prosecute those who would steal taxpayer funds.”

According to the investigation, on May 7, 2020, and July 6, 2020, respectively, White and Williams allegedly filed COVID-19 Economic Injury Disaster Loan applications with the Small Business Administration in which they each claimed to be the owners of businesses in need of financial assistance due to the economic impact of the COVID-19 pandemic.

White allegedly claimed to be the Chief Operating Officer of an agricultural business, and Williams allegedly claimed to be the Chief Operating Officer of a medical services business.

However, neither business existed. White allegedly received $6,000 and Williams received $4,000 as initial cash advancements while their respective loan applications were being processed. Both loan applications were ultimately denied, but White and Williams never returned the illicit money they received.

White and Williams are each charged with one count of Grand Larceny in the Third Degree, a Class D felony. Additionally, Williams is charged with Offering a False Instrument for Filing in the First Degree, a Class E felony, and Falsifying Business Records in the First Degree, a Class E felony.

On October 12, 2023, White and Williams were arrested by investigators of the Suffolk County District Attorney’s Office and arraigned before Suffolk County District Court Judge, the Honorable Anna Acqafredda. Judge Acqafredda released both defendants on their own recognizance during the pendency of their cases. White is due back in court on October 23, 2023, and is being represented by Michael Brown, Esq. Williams is due back in court on October 26, 2023, and is being represented by the Legal Aid Society.

This case is being prosecuted by Assistant District Attorney Katharine D’Aquila of the Public Corruption Bureau, with investigative assistance by District Attorney Investigator Brian Wood of the Public Corruption Squad, as well as Special Agents Ellen Quackenbush and Kimberly Goldstein of the United States Treasury Inspector General for Tax Administration.

Photo by Raymond Janis

Green dreams, commuter realities

Greatly improved service along the Long Island Rail Road’s Port Jefferson Branch is possible and necessary.

The time is opportune. New York’s Climate Leadership and Community Protection Act requires state agencies to move toward zero-carbon emissions. Virtually all local leaders of both parties support green energy for the Port Jefferson Branch. It is among the highest priorities of the Long Island Sierra Club, and it would substantially improve our local economy and real estate values.

This issue needs the attention of Gov. Kathy Hochul [D] as it brings to light the Metropolitan Transportation Authority’s lack of initiative regarding the CLCPA.

There is also the issue of MTA/LIRR accountability to local communities. Relocation of the Port Jeff train station to the Lawrence Aviation Superfund site in Port Jefferson Station would eliminate two grade-level crossing bottlenecks and two rickety, narrow bridges — one of which the state has agreed to repair at great expense. 

The LIRR has spent hundreds of millions of dollars eliminating grade-level crossings in Nassau County. Moving the station to Lawrence Aviation would be vastly less expensive than any of the Nassau projects.

LIRR planners suggest they want to electrify and “double track” the Port Jefferson line – not in our lifetime. I believe this is a “deal killer” pitched to prevent anything from being done. The LIRR planners admit that more land must be acquired by eminent domain to double track. This clearly gives the planners an excuse to spend money elsewhere.

The LIRR planners state it is not feasible to electrify the Port Jefferson Branch because there is insufficient ridership to sustain the investment. What was the population density along the Ronkonkoma line when they electrified the Ronkonkoma Branch? The LIRR planners strip ridership off the Port Jefferson Branch and then tell us the ridership will not sustain the investment.

To the MTA and LIRR, create a “one-seat ride” for the people of the North Shore. A ride that can go from Port Jefferson to Manhattan, “a better ride.” It is time to put our feet in the starting blocks.

And remember: We pay taxes, too.

Bruce Miller

Port Jefferson

Kornreich’s advocacy efforts spur local victory

It’s not simply about what our elected officials promise, but what they actually do. I just read your article, entitled, “Local candidates appeal to Three Village voters at civic meeting“ [The Village Times Herald, Oct. 5, TBR News Media]. Councilmember Jonathan Kornreich [D-Stony Brook] is quoted in the article, stating that he has concerns with overdevelopment in the Three Village area, and he is particularly frustrated with the public notification process in the Town of Brookhaven. Well, I can tell you firsthand that he has done something about it. 

I recently moved into an established condominium complex in Setauket. Shortly thereafter I attended a meeting, set up by Kornreich wherein he informed my neighbors and me about a development proposal pending on a lot behind many of our homes. The development proposal was extremely ambitious and would have retired deed restrictions on several acres of previously covenanted, protected natural buffer (open space) in order to construct a new road. After the meeting, a few of us asked Kornreich to put us in touch with the developer of the project, which he did. We met with the developer and the councilmember several times over the last six months, in a process facilitated by the councilmember. We convinced the developer to dramatically change his proposed project in a way that would eliminate the need for the road and a new entrance (the project involves adding to an existing senior, luxury apartment complex). The outcome was a big win for the (our) environment, as several acres of open space were spared. 

Last night, Oct. 3, everything was formalized at the required public hearing at Town Hall regarding the project. The first town-required public notice had been mailed to surrounding land owners just a few weeks prior. At the conclusion of the hearing, the Town Board formally approved the rezoning required for the project, contingent on the non-disturbance covenants for which the developer originally sought relief staying in place. How did this happen? How did we end with a noncontentious hearing, an acceptable development project and preservation of threatened open space? It took early work with the community, long before the actual site plan and rezoning application hearing; early work initiated and enabled by Kornreich’s outreach to our community. That is actually ”doing.”

Bill Spitz

Setauket

Jen Hebert’s vision for Huntington

Jen Hebert is running for the Huntington Town Board in the upcoming November election.

I strongly believe she’s the best possible candidate for the job. She brings vast experience from her nine years serving on the Huntington Board of Education. She also ran a local nursery school for many years, so she understands the challenges of being a small business in our town. Most importantly, Jen has experience representing her neighbors and being a voice for our community.

As a school board member, Jen fought tirelessly for Huntington students, staff and families. But she was also a careful and respectful steward of taxpayer money. Jen was completely dedicated to the job of school board trustee, almost never missing a meeting or event in the nine years she served.

During her time on the board, Jen worked to strengthen the curriculum, add extracurricular programs, improve and modernize district buildings, and build community trust in the board of education. Jen was also an integral part of the team that found a path to reopening the Jack Abrams school as an innovative STEM magnet school.

Huntington needs a proven leader like Jen Hebert on the Town Board. She’s an independent thinker, and has the experience and integrity we need and deserve.

Cathy Ribando

Huntington

Examining recent claims at Port Jeff village board meeting

I am compelled to address the comments made by trustee Drew Biondo during the recent Port Jefferson board meeting, specifically concerning alleged ethical violations of the previous administration. These statements, in my view, were not only unfounded but also potentially damaging to the harmony and trust of our community.

First, it is crucial to highlight that the current mayor, Lauren Sheprow, and Deputy Mayor, Rebecca Kassay, were both active and essential members of the very administration trustee Biondo criticized. They sat beside him during the meeting, serving as living reminders of their consistent dedication to the community’s welfare. Even more insulting was the fact that trustee Stan Loucks, another target of these accusations, was not present at the meeting to defend himself or respond. Such an approach is neither fair nor conducive to fostering an atmosphere of mutual respect. The trustees voted on all resolutions with integrity and a deep commitment to the community’s best interests. To levy such hefty accusations against them, especially when they were an integral part of the decisions made, is both dangerous and misleading.

The auditors have spoken, and their verdict is clear: The past administration has left healthy reserves of $1.8 million and a balanced budget. No violations or significant discrepancies were found. To publicly challenge these findings without substantial evidence is not just misguided but irresponsibly accusatory. It is imperative that we, as a community, ensure that our conversations and disagreements are rooted in fact, rather than conjecture or personal bias.

The placement of trustee reports after the public comment section in board meetings also deserves scrutiny. This order denies the public an essential opportunity to respond or reflect on the reports presented, undermining the spirit of community engagement and open dialogue.

But, beyond these immediate concerns, it is essential to note the broader implications.

Port Jefferson is at a pivotal moment in its history. Rather than becoming entangled in conspiracy theories and chasing elusive “smoking guns,” we should channel our energy toward tangible progress and collaboration. Clinging to unfounded accusations and creating obstacles only hinders our collective efforts to move the village forward. Our shared goal should be to build a stronger, connected community that thrives on mutual trust and shared ambitions.

Every comment, every decision and every action should move us closer to that goal. Let us put aside personal vendettas and focus on the broader vision for Port Jefferson — a village of progress, cooperation and shared dreams.

Let us work together, with facts and mutual respect, to ensure the bright future Port Jefferson deserves.

Traci Donnelly

Port Jefferson

 

It is often said that one play decides the outcome of the game and that’s just what happened when Shoreham-Wading River came calling on the Islip Buccaneers in a Division III soccer matchup Thursday Oct. 5.

Islip scored on a rebound from a penalty kick halfway through the first half to take the 1-0 advantage. The Wildcats mounted a late-game surge, getting off several shots on goal in the closing minutes of the game but failed to find the back of the net as time expired.

Shoreham-Wading River goalie Morgan Lesiewicz had five saves.

The loss drops the Wildcats to 8-2-1 (8-3-2 overall) for third place in the division, trailing Kings Park and Bayport-Blue Point.

The Wildcats have three more regular season games before postseason play begins Saturday, Oct. 21.

— Photos by Bill Landon

Are you looking to add to your baseball card collection? Perhaps you’re in need of new jewelry or a high-end watch.

You’re in luck—the SCPD will hold a property auction on Wednesday, October 18 at the Property Section, located at 30 Yaphank Ave. in Yaphank. Among the items being auctioned include jewelry, tools, landscaping equipment, electronics, bicycles, baseball cards, iPhones and more.

The auction will begin at 9 a.m. and will be held rain or shine. There will be a preview of jewelry and select property on October 17 from 9:30 a.m. to 11:30 a.m.

Participants must be at least 18 years old to bid. All items are sold in “as is” condition and must be purchased with cash.

For a full listing, visit www.suffolkpd.org

 

 

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File photo

Suffolk County Police Seventh Squad detectives are investigating a single car crash that killed a man in Moriches on Oct. 13.

A man was driving a 2018 Jeep Suburban westbound on Montauk Highway when the vehicle left the roadway and struck a utility pole in front of 245 Montauk Highway at 1:01 a.m. Upon impact the vehicle caught fire.

The driver, Daniel Darn Jr., 25, of Shirley was pronounced dead at the scene by a Mastic EMS officer.

Anyone with information on the crash is asked to contact the Seventh Squad at 631-852-8752. –

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Smithtown High School West. Photo from Wikipedia

By Sabrina Artusa

After years of alleged bullying, a Smithtown student is suing the school district, claiming inadequate handling of the abuse. An accused party is presumed innocent until proven otherwise.

According to the $6 million lawsuit, the 16-year-old was allegedly subjected to degradation, mockery and even physical assault, which was recorded and shared.

The lawsuit accuses the Smithtown Central School District, Smithtown High School West, Superintendent of Schools Mark Secaur and the district Board of Education of enabling the bullying by failing to punish the bullying students and allowing them to remain in school, consequently creating an unsafe environment.

The bullying allegedly began in 2018, when the unnamed plaintiff, “A.S.,” as the lawsuit refers to her, was in sixth grade. The Accompsett Middle School principal, Paul McNeil, was alerted.

A.S. made the varsity cheerleading squad upon entering high school in 2021, along with one of her alleged bullies, referred to as “A.M.” in the lawsuit.

At a party in the summer of 2022, A.S. was allegedly screamed at by a fellow cheerleader, pulled to the ground by another girl and beaten, all while another teenager filmed the event, the suit claims. The video was allegedly shown to several school officials, including Secaur. 

The lawsuit states that after a period of homeschooling, which was allegedly deemed below par by the school district, A.S. had to return to school, where bullying allegedly persisted. While A.S. quit the cheerleading team, the suit claims the bully was allowed to remain.

“The group of girls continued to target anyone who talked to [A.S],” the lawsuit alleges. They would tell her friends “not to be friends with her, right in front of her.”

The parents of A.S. communicated with school officials and were promised several times that a plan would be put into place and that she would be monitored by security, the suit reads. Additionally, a school counselor allegedly promised to support the girl but never did so, according to the lawsuit.

Smithtown High School West employees allowed a friend to escort her to her classes but, when pressed by parents for a solution, allegedly said there is not enough staff.

“Parents sent several emails, phone calls, texts to school administration, and all went unanswered for weeks,” the lawsuit suggests.

In another incident, A.S. was targeted in the bathroom, where she was found by an employee crying in a stall. She named her bully but was not believed by school officials, who told the parents that the girl A.S. named was not involved.

The bullying students weren’t removed from the school, according to the lawsuit, which argues that the school was negligent in allowing the bullying students to remain in school “despite knowing about these students’ vicious and aggressive propensities.”

Parents bought A.S. an emotional support animal, a horse, which was then put down by veterinarians for reasons undisclosed. This event was allegedly weaponized by the bullies, who started calling her “horse girl.”

The family’s attorney, Kenneth Mollins, told the New York Post that the accuser “threatened to kill herself if they forced her to go back to school.”

The accuser’s family filled out forms under the Dignity for All Students Act — once in 2019 and again against the three assaulters in May 2023 — all deemed “unfounded.” The Dignity for All Students Act is designed to ensure “a safe and supportive student environment free from discrimination, intimidation, taunting, harassment and bullying on school property.”

When questioned, the school district stated that it does not comment on matters pertaining to litigation.