Yearly Archives: 2024

The cover of Beverly Tyler's latest book.

Reviewed by Jeffrey Sanzel

Imagine sailing five months on a ship from New York to China, while not knowing whether you will survive storms at sea or attacks by pirates.

Imagine living in a Japanese temple recently made over to accommodate British and American visitors in a country where most of the population has never seen a person from another country or another race.

Imagine exploring a country where you are not sure of your own safety and where many men, including Samurai warriors, carry two visible swords.

The cover of Beverly Tyler’s latest book.

These are just some of the thoughts posited by author Beverly C. Tyler in his latest book, Mary Swift Jones: Love and Letters from Japan, published by History Close at Hand and the Three Village Historical Society. The multi-hyphenate Tyler (writer-photographer-lecturer-local historian) is the author of Caroline Church, Founders Day, Down the Ways—The Wooden Ship Era, and Setauket and Brookhaven History (all reviewed in this paper). 

Mary Swift, who was Tyler’s great- grandaunt, married Captain Benjamin Jones sometime in the mid-1800s. In September of 1858, at only twenty-four years of age, she embarked with him from New York on an extraordinary journey on the Mary and Louisa, a 145-foot square-rigged medium clipper bark that was constructed in Setauket. 

The voyage would last three years and take Mary to China and Japan. While abroad, she wrote extensive letters to family and friends and returned with remarkable furniture, fine china, fabrics, and spices. Tyler touches on the ship’s traveling from port to port, carrying cargo between the Chinese ports of Hong Kong and Shanghai to the Japanese ports of Nagasaki and Yokohama. 

Mary’s letters give the perspective of an American in a world completely foreign to her knowledge and experience. She reflects on the Mary and Louisa’s shifting crew; she shows fascination with the citizens of the various towns and cities; she pays tribute to the breathtaking landscapes. 

Tyler highlights the appreciation of the countries and cultures with quotes from a range of visitors, often selecting lyrical passages from a variety of letters.

Voyages of this breadth faced storms, strong winds, illness, the threat of piracy, and the fear of the ship sinking. Additionally, violence was a shadow cast by the Japanese, who were less welcoming to a foreign presence. 

The Mary and Louisa

In his journal on April 15, 1860, a passenger on the ship, New York Tribune reporter Francis Hall wrote, “It seems odd to start out for a walk by putting a revolver in one pocket and a copy of Tennyson in the other.” The possibility of losing family members at home was something that deeply concerned Mary. Of course, the Civil War broke out during their time at sea. 

Tyler gives perspective on the perils of such undertakings. Quoting from the memoir of Egbert Bull Smith (the ship’s cabin boy, who later published Voyage of the Two Sisters): “Mrs. Jones did not know, nor did I, at the time, that when we sailed none of her friends expected to see her again in this life, and that all of the necessary articles for preserving her body had been placed on board.” 

Mary survived the journey but contracted consumption, dying shortly after her return to the States at the age of 26. She is buried in the Setauket Presbyterian Cemetery. 

Like all of Tyler’s work, the material is meticulously researched with exceptional documentation, details extracted from both primary and secondary sources. The book is highlighted with color illustrations, photographs, maps, and woodcuttings, giving his “narrative alive” tomes an almost three-dimensional quality.However, Tyler’s inherent sense of history and commitment to telling the American story are what truly imbue his works.

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Copies of Mary Swift Jones: Love and Letters from Japan by Beverly C. Tyler are available for purchase for $10 at the Three Village Historical Society’s gift shop at 93 North Country Road in Setauket. Tyler will also be selling  and signing copies of the book at the Three Village Farmer’s Market at the same location on Fridays from 3 to 7 p.m.

AI generated photo of voters at the ballot box. Pixabay photo

By Daniel Dunaief

With the rematch between President Joe Biden, 81, and former President Donald Trump, 78, no longer a possibility, local and national Democrats are tapping into a renewed political energy.

After President Biden announced that he was ending his bid for a second term and endorsed Vice President Kamala Harris, democrats not only contributed a record amount of money to the likely presidential candidate, but also showed more interest in local races.

“People are excited to be a part of something bigger than themselves,” said John Avlon, who is running against Nick LaLota to join the House of Representatives for New York’s 1st Congressional District. “We’ve seen an increase even over typical levels in both volunteerism and donations in the last 24 hours.”

Avlon suggested that the feeling on the ground has changed fundamentally, with Democrats becoming more “fired up” about the prospects in the White House and in the House of Representatives, where toss-up seats like the first congressional district could determine which party has a majority.

A potential repeat of the contested 2020 election had made many democrats uneasy, particularly after a disastrous debate performance by Biden, who validated concerns about his age with awkward silences and uninspiring replies.

The likely ascendance of Vice President Harris, who received endorsements even from those considered potential candidates for president and who has secured enough delegates to be the Democratic nominee, has generated attention and interest among the voting public and has raised the prospect for greater voter turnout in an election that is just over 100 days away.

The change at the top of the ticket provides a “good opportunity to engage voters even beyond the Democratic party,” said Rebecca Kassay, the Democratic candidate for state Assembly District 4, who is running against Republican Ed Flood. She feels the focus on politics from the president to local elections has given her more of an opening to speak with independents and unaffiliated voters and get their thoughts on local issues.

The increased energy and interest around politics, where people in supermarkets, restaurants, gyms and coffee houses are suddenly eager to discuss the changing landscape at the national level, has provided a “great opportunity for local candidates to not have to worry about exciting democrats,” which gives them a chance to reach out to unaffiliated voters and republicans who might consider voting for a democrat, said Keith Davies, Suffolk County Democratic Committee campaign manager.

Davies added that candidates don’t have to spend as much time fielding questions about President Biden’s cognitive abilities.

To be sure, Avlon acknowledged that the political winds, at a local and national level, are bound to blow in different directions as the election approaches.

“There will be good and bad days ahead,” he said. “We shouldn’t over index any one moment.”

Kassay added that the national winds can blow one way or another, with little local control.

Nonetheless, local democratic leaders suggested that this unprecedented decision by an incumbent president, occurring so close to the election, and the immediate effort to rally around Harris and to come together before the Democratic National Convention creates positive momentum.

A new energy

Local democratic politicians appreciated Biden’s efforts to build infrastructure, to lead a coalition to repel Russia’s aggression in the Ukraine and to continue to build jobs in a post-Covid economy.

“There was so much hand wringing because people were saying, at the same time, that Joe Biden did a great job,” but they weren’t confident in his ability to lead for another four years, said Brookhaven Town Councilmember, Jonathan Kornreich. Biden “made this rather courageous decision” to end his campaign.

The effect has been to inspire the democratic political base.

“Everybody who I talked to is energized,” said Steve Englebright, Suffolk County Legislator for the 5th Legislative District. “The implication is that we’ll have enthusiasm and interest, and that will translate into strong turnout.”

Englebright suggested that the number of democratic voters has wider swings in turnout than the number of republican voters, with democrats varying by as much as 30 percent, or more.

Democrats around Suffolk County not only expect higher voter turnout, but also anticipate that more voters would listen to the candidate platforms and make informed decisions.

“There’s a new sense of optimism and that’s palpable,” said Englebright. “That’s going to translate into more people participating and getting involved.”

Higher voter turnout also means that residents can vote on two propositions that will be a part of the 2024 ballot in New York.

The first would add protection against various forms of discrimination, such as sexual orientation, gender identity and pregnancy, to the state constitution. The second would extend and revise the Suffolk County Drinking Water Protection Program. This proposal would establish a Water Quality Restoration Fund, that would be supported by a sales and use tax of 1/8 of a percent.

Female candidates

Democratic leaders were also excited to support the second woman to run for president, after Hillary Clinton’s unsuccessful 2016 campaign against Trump.

“I see the ascension of a democratic candidate at the top of the ticket, who is a woman of color, a woman of substance, in terms of her accomplishments, as validating the idea that women are equally ready” to serve in any political office, said Englebright.

Kassay is excited to be on the same ballot with other women, including Senator Kirsten Gillibrand, state Senate District 1 candidate Sarah Anker and Harris.

“I’m energized and inspired to be running with our first potential female president,” said Kassay. “That, for me, is an honor and historic.”

File photo by Raymond Janis

Big thanks to local good Samaritans

After completing our shopping trip at the Trader Joe’s store in Lake Grove last week, my daughter and I placed our purchases in the trunk of my usually-reliable automobile. This time it decided not to start. The electrical system was completely dead. We couldn’t even open the trunk to retrieve our frozen food (note to automakers: please install a manual trunk release in all vehicles).

Yet almost as soon as we raised the hood, passersby began to stop to offer help. A succession of kind souls provided jumper cables, moved their vehicle so that it would be in position to give us a jump, offered advice, went into Trader Joe’s to ask for help and even offered us a snack. (Unfortunately, the jump didn’t work.) The AAA roadside assistance person came quickly and was equally kind (and proficient). This note is a thank you to all of the good Samaritans in our community. We will pay your kindness forward.

Marci Lobel

Setauket

Local public transport has benefited from Americans With Disabilities Act

Let us all celebrate the 34th anniversary for the Americans With Disabilities Act (ADA). This was signed into law by President George H.W. Bush [R] on July 26, 1990. The Federal Transit Administration has done an excellent job during this period when it comes to investing in public transit to bring capital assets into compliance with ADA.

Billions of dollars in FTA grants to over 900 transit agencies across America, including the MTA Long Island Rail Road, Suffolk County Transit Bus and Huntington Area Rapid Transit (HART) Bus, have paid for tens of thousands of buses, paratransit vans, light rail, subway cars, commuter rail and ferries that are ADA accessible. Numerous subway, light rail and commuter rail stations, bus and ferry terminals, along with other transportation facilities, are accompanied in many cases with elevators and/or ramps and have also become ADA compliant.

Larry Penner

Great Neck 

From left, John Ashton, Eddie Murphy and Judge Reinhold reunite in the fourth installment of Beverly Hills Cop. Photo courtesy of Netflix

Reviewed by Jeffrey Sanzel

Beverly Hills Cop (1984) introduced Eddie Murphy’s Axel Foley, the street-smart Detroit detective who comes to Beverly Hills to solve the murder of his best friend. The blockbuster won the People’s Choice Award for Favorite Motion Picture, along with nominations for a Golden Globe for Best Motion Picture and an Academy Award for Best Original Screenplay. More importantly, Murphy garnered a nomination for the Best Actor Golden Globe. His two previous films—48 Hours (1982) and Trading Places (1983)—made the stand-up comic a household name. Beverly Hills Cop made him a superstar. 

Two sequels followed: Beverly Hills Cop II (1987) and Beverly Hills Cop III (1994). After several aborted attempts at a new installment (including a television series), Netflix presents Beverly Hills Cop: Axel F.  Murphy is joined by Judge Reinhold, John Ashton, Paul Reiser, and Bronson Pinchot, reprising their roles from previous films in the series, joined by Joseph Gordon-Levitt, Taylour Paige, and Kevin Bacon. Mark Molloy makes his feature film debut, directing the serviceable screenplay by Will Beall, Tom Gormican, and Kevin Etten. 

The film opens in Detroit, where Axel (Murphy) stops a changing room theft during a Red Wings hockey game. This leads to the first of many of the film’s car chases—here with Axel driving a city snowplow. After the usual dressing down at the station, Axel receives a call from cop-turned-private investigator Billy Rosewood (Reinhold), who is pursuing a case involving a young man (Damien Diaz) framed for a cop’s murder. The boy, a drug mule, is the nephew of a cocaine trafficker (a flamboyant Luis Guzmán). Foley’s estranged daughter, Jane (Taylour Page), represents the young man, but powers-that-be threaten Jane, leading Billy to reach out to Foley, who gets on the next plane.

His first drive through Beverly Hills effectively contrasts with the Detroit opening, emphasizing Axel’s fish-out-of-water vibe. Like the entire movie, it does not aim for subtlety but makes its point about California’s mecca of facades. (There seem to be myriad pampered canines whose presence permeates restaurants, cars, and sidewalks.) A predictable but wholly enjoyable action comedy follows with the requisite number of car chases, shootouts, and generic hoodlums. At the center is a corruption ring led by a dirty cop, Captain Grant (Kevin Bacon, in a performance that seems lifted from Gotham City). The entire plot hinges on a missing SD card and a page Axel rips from a calendar. 

Beverly Hills Cop: Axel Foley works because Murphy is not just in his element but is at home. Unlike in 2021’s painfully misguided Coming 2 America, the ageless actor easily lands every joke, quip, and aside. The writers crafted the screenplay to Murphy’s style, ably balancing the comedic with the human. After being arrested following the commandeering of a parking patrol vehicle, he shrugs, “I’ve been a cop for thirty years and black for a whole lot longer.” His response is smart, funny, and to the point—which describes the entire film.

One of the best moments is his reunion with Jane. After a beat, he says, “It is extremely good to see you.” The usually comical Axel is stiff and formal. His face registers a mix of pain, loss, and joy—but above all, a palatable discomfort, one of the most complex emotions to signal. The gifted Murphy shows himself as a great actor, infusing a single glance with a lifetime of regret. The lone “swashbuckler,” married to his job, yearns to know his only child. 

Finally, Murphy is one of the great cinematic scene partners. He not only connects but elevates the supporting cast. His rapport with Page is equal but wholly different from his wonderful work with Reinhold. While many stars seem to pull complete focus, Murphy allows us to see the other characters fully develop through Axel’s eyes. Page evokes a strong and human Jane—clearly her father’s daughter. Their scenes spark adversarial energy, underlaid with the need to connect. 

Newcomer Gordon-Levitt balances the snark and the concern in Jane’s ex-boyfriend, Bobby Abbott. While initially bland, he manages to grow the detective’s dimensions. The returning entourage makes the brief appearances work within the confines of some of the creakier writing: Reinhold is a mix of charm and caring. Ashton’s ulcerated Chief John Taggart is a blend of crusty and caring. Reiser’s retiring Deputy Chief Jeffrey Friedman is long-suffering and caring. Pinchot’s Serge is over-the-top and caring (if shockingly politically incorrect for 2024). 

Beverly Hills Cop: Axel Foley is a film with no surprises. There are no twists and no revelations. Even the refrain “a child is always the child, and a parent is always the parent” is not just projected but stated repeatedly. However, the thematic sentiment does not detract from a well-paced and thoroughly enjoyable two hours. In June, Murphy and Jerry Bruckheimer announced a fifth Beverly Hills Cop. If they can maintain the charm and energy of Axel Foley, it is worth the anticipation.

Rated R, the film is now playing in local theaters.

Jose Martinez-Vazquez and Tiffany Diaz-Cabrera

Jose Martinez-Vazquez Fatally Stabbed Benjamin Flores-Mendez While Tiffany Diaz-Cabrera, Served as a Lookout

Suffolk County District Attorney Raymond A. Tierney announced on July 25 that Jose Martinez-Vazquez, 25, and Tiffany Diaz-Cabrera, 21, both of Port Jefferson Station, pleaded guilty to their respective roles in the fatal stabbing of Benjamin Flores-Mendez, 39, also from Port Jefferson Station. Martinez-Vazquez pleaded guilty to Murder in the Second Degree, for fatally stabbing Flores-Mendez. Diaz-Cabrera pleaded guilty to Manslaughter in the First Degree, for acting as a look out while the stabbing took place.

“These defendants conspired to brutally take the life of Benjamin Flores-Mendez, and then did so in a place where Suffolk County residents should feel safe to walk, hike, or bike,” said District Attorney Tierney. “Violence is never the answer, and we will not rest until anyone committing such wanton acts are brought to justice.”

According to court documents and the defendants’ admissions during their guilty plea allocutions,

on June 17, 2021, Martinez-Vasquez followed the victim into the Port Jefferson Station entrance of the Setauket-Port Jefferson Station Greenway Trail. Martinez-Vazquez admitted to fatally stabbing the victim multiple times while Diaz-Cabrera, Martinez-Vazquez’s girlfriend, served as his lookout. The victim was later discovered lying in the entrance of the trail by Good Samaritans.

On March 5, 2023, Suffolk County homicide detectives arrested both defendants.

On April 22, 2024, Diaz-Cabrera pleaded guilty to Manslaughter in the First Degree, a Class B violent felony, before Acting Supreme Court Justice Karen M. Wilutis. Diaz-Cabrera is due back in court for sentencing on August 29, 2024. She is being represented by Luigi Belcastro, Esq.

On July 25, 2024, Martinez-Vazquez pleaded guilty to Murder in the Second Degree, a Class A violent felony, before Justice Wilutis. Martinez-Vazquez is due back in court for sentencing on August 28, 2024. He is being represented by John Halverson, Esq.

This case is being prosecuted by Assistant District Attorney Elena Tomaro of the Homicide Bureau and Assistant District Attorney Tara Laterza of the Child Abuse and Domestic Violence Bureau, and the investigation was conducted by Detective James Hughes of the Suffolk County Police Department’s Homicide Squad.

By Toni-Elena Gallo

With President Joe Biden’s decision to end his reelection campaign, major players in the Democratic Party, including the president, Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, have officially endorsed Vice President Kamala Harris as the 2024 Democratic presumptive presidential candidate.

As a result, TBR News Media had a question for locals: “How will this change impact the race to the presidency?”

— Photos by Toni-Elena Gallo

Kaylee and Emily, Ronkonkoma

Both girls expressed shock, but excitement, at the decision.

“I couldn’t believe it, I just found out,” Emily said.

Kaylee thinks that Harris’ presidential bid has given hesitant voters an “opportunity” to vote for a candidate possibly more competent than Biden, and more competent and likable than former President Donald Trump (R).

“Kamala running has made this election more competitive and serious than before,” she added.

Kaylee also voiced that she thinks Harris will “surprise people” during the upcoming debates with her intelligence.

Vic and Sheila Meneghini, Ronkonkoma

Grandparents to Smithtown school district students, Vic and Sheila Meneghini expressed the opinion that if “Kamala stays the nominee, there won’t be much of a difference [in voter choice] because of her alignment with Biden.”

They think that more women may vote, as Harris has the chance to be our first woman president.

The couple, additionally, shared that voting for Harris will probably be more enticing than voting for Biden, if you are a Democrat, which will affect some change, regarding voting turnout.

Vic, however, doesn’t think there’ll be much movement in voting, “as people have already made up their minds” if they are going to vote Democrat or Republican.

Vic and Sheila declined for their picture to be taken or other personal information to be included.

Eric and Cole, Massachusetts and New Hampshire

Eric, a Stony Brook University visitor, is “glad someone [who is of advancing years] isn’t going to be in office anymore. But, I don’t really have a big political view.”

As someone in his 20s, he would appreciate younger presidential options.

In addition, Eric feels people are likely to vote for the wrong or shallow reasons — because they view the election as a popularity contest, don’t like the candidates as people, and vice versa.

He wants to see people focus “on the issues,” as he is a “middle-class guy” who wants to live a decent and prosperous life.

Neither candidate “is doing anything to help me, right now,” he said.

Cole echoed his friend Eric’s sentiments, saying, “It is interesting to have a different face, who is not as old, and will stir the pot a little bit. But whatever these candidates do is not really going to affect my day-to-day life much at the end of the day.”

David, Long Island

David thinks that this change will encourage “more women and people of color to vote.”

Also, he expressed that making Harris the Democratic nominee “will give the [party] a better chance of beating Trump,” but he does not foresee any major developments coming in the wake of Biden’s decision.

David declined for his picture to be taken or other personal information to be included.

'Right and Left,' 1850, by William Sidney Mount Image courtesy of the LIM

By Tara Mae

Art is more than a communion between artist and audience. It is a point of entry into understanding the past, assessing the present, and perhaps even informing the future. A Noble Art: A New Look at the Portraits of William Sidney Mount on display at Long Island Museum’s Art Museum (LIM) through December 15, examines this dynamic through a 27-piece exhibit.

Considered to be the premier American genre painter, William Sidney Mount (1807-1868), who was born in Setauket and spent much of his time in Stony Brook, was a prolific portraitist who expressed the emotional essence of a person and period. 

Mount’s first solo show at the LIM since 2018, A Noble Art encompasses paintings, lithographs, drawings, correspondence, and other artifacts from the 19th century Long Island artist.

“Not many museums in the country have this depth of materials for a single artist, including personal effects…The exhibit showcases rich archival materials and works,” said Joshua Ruff, Co-Executive Director at the LIM and the curator of this exhibit.

LIM houses the largest repository of Mount materials.  A Noble Art spotlights prize items of its collection, such as Right and Left, which has been displayed in previous shows, as well as four pieces that have not previously been on public view at the museum. Among that selection are portraits of Long Island’s reputed first millionaire Captain Jonas Smith and his wife Nancy Williamson Smith, acquired by the LIM at auction in 2022. 

In addition to new acquisitions, the exhibit also reflects new information gathered in the ongoing scholarship about the 19th century Long Island native’s work, particularly his portraiture and its subjects. 

“Our Mount artwork and artifacts are the jewels of our collection — something we are really fortunate to have. It has been a long time since we had an exhibit focused on Mount’s portraiture,” Ruff said. “There have been some changes in research and improvement of knowledge about the portraits’ subjects, so it feels like time to introduce them to visitors.” 

A primary motivating factor for assembling this exhibit is the new details that have been excavated about the individuals immortalized in Mount’s paintings. In recent years, especially with the publication The Art of William Sidney Mount: Long Island People of Color on Canvas by Katherine Kirkpatrick and Vivian Nicholson-Mueller, particular attention is being paid to the Black and Indigenous people who Mount represented rather than caricatured.

“These are sensitive, not stereotypical portrayals…when you really look, there is a lot going on, like subtle symbolic references to the backgrounds of his subjects and nuanced details,” Ruff said. 

From an artistic family, Mount’s most well-known portraits are frequently of people he knew, and their warmth adds elements of intimacy and liveliness. His portraits convey both dynamically diverse and culturally unifying insights into the persons, settings, and circumstances of Long Island during the 1800s. 

A Noble Art even offers context for Mount’s own kin. His family portraits from the 1840s provide a glimpse at a creative clan and further emphasize his progression as an artist. Mount’s sister Ruth and niece Evalina were talented artists in their own right. Mount’s brother Shepard was also a portraitist, and the show features one of his pieces. 

Yet, the heart of the exhibit remains Mount’s ability to forge a connection between creator, subject, and observer. Personable renderings illuminate the evolution of Mount’s artistic intricacies, spanning decades of his work from a self-portrait made when he was 21 years old to two of the three members of his musician series: The Banjo Player and Right and Left. (The third painting of this trio, The Bone Player is on display at the Museum of Fine Arts Boston.) 

His work invites the viewer to appreciate an eternal moment and recognize enduring  humanity. “With portraiture you might anticipate an element of sameness, but if you really look at Mount’s portraits there is a lot happening within them. We are excited to share this opportunity for discovery with the public,” Ruff said. 

The Long Island Museum is located at 1200 Route 25A in Stony Brook. Hours are Thursday to Sunday from noon to 5 p.m. Admission is $15 adults, $10 seniors and students, children under age 6 are free. For more information, call 631-751-0066 or visit longislandmuseum.org.

METRO photo

By Robert Cannon, Esq.

Robert Cannon, Esq.

Consider this scenario: a 75-year-old woman, Jane, began to exhibit signs of cognitive decline last year. She is widowed and has one child. Moreover, her financial advisor contacted a relative to advise that Jane was making unusual withdrawals and that there is a concern that she may be the subject of financial exploitation. The relative no longer believes she can take care of her financial affairs and is concerned that she is not looking after her personal needs. 

As a first step, the family tried to talk to her last year about meeting with an estate planning attorney, but she refused to do so. There are no known advance directives in place and her condition has deteriorated significantly. In addition, Jane has a 40-year-old son with Down syndrome who is entirely reliant upon her. What can be done?

First step is to determine if Jane has the capacity to sign advance directives including a health care proxy and power of attorney. If this is not possible because she has deteriorated to the extent of being unable to handle her affairs or appoint someone to do so, the family may need to explore the commencement of a Mental Hygiene Law Article 81 proceeding seeking the appointment of a guardian of the person and property of Jane.

The commencement of the proceeding involves filing a verified petition with the Supreme Court of the county in which she resides outlining the reasons why it is believed that she does not understand or appreciate the extent of her limitations and that she is likely to suffer harm if a guardian is not appointed for her. The appointment of a guardian in MHL Article 81 proceedings is based on functional limitations and not on medical diagnoses.

In light of the financial advisors concerns regarding potential financial exploitation, at the outset of the proceeding, it may be prudent to request that the Court appoint a Temporary Guardian to immediately take steps to secure Jane’s finances and prevent any further abuse.

The Court will set a hearing date and all interested persons will have to be notified, including Jane’s son and her living siblings. The Court will appoint a Court Evaluator to conduct an investigation, which will include meeting Jane in person, speaking with other friends and family members, and investigating her finances. In limited circumstances it may be appropriate for the Court Evaluator to request the permission of the Court to review medical records. The Court may appoint an attorney to represent Jane. The Petitioner would be required to testify at the hearing along with any other witnesses that will help demonstrate to the Court Jane’s need for a guardian. The Court Evaluator will also testify as to their findings and recommendations.

If appointed, the permanent guardian will step into your Jane’s shoes. The petitioner can request to serve as guardian or it can be a third party. The Court can tailor the powers granted to the guardian to meet Jane’s individual needs and can appoint a guardian of the person, a guardian of the property, or both. There are various safeguards in place to ensure that once a guardian is appointed, Jane will be protected, including the requirement that the guardian obtain a bond and file annual reports with the Court.

Once Jane is squared away, the family members will need to turn their attention to Jane’s son. The first inquiry should be if Jane or anyone else was ever appointed as her son’s guardian. If not, we must consider the possibility of commencing a SCPA 17-A guardianship proceeding in the Surrogate’s Court of the County in which he resides. Unlike MHL Article 81, the appointment of a guardian in a SCPA 17-A proceeding is driven by medical diagnoses. 

As part of the application, a licensed physician and licensed psychologist with a PhD are required to submit Affirmations certifying that Jane’s son is intellectually or developmentally disabled. A guardian appointed in this manner is granted broad decision- making authority over financial and medical matters.

As you can see, seeking guardianship for an adult in New York can be quite nuanced. Whether it be through the Mental Hygiene Law Article 81 or SCPA Article 17-A, it is possible to provide for the needs of these vulnerable adults.

Robert Cannon, Esq. is a senior associate attorney at Burner Prudenti Law, P.C focusing his practice areas on Elder Law and Guardianships. Burner Prudenti Law, P.C. serves clients from Manhattan to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.

Paula and Mel Blum

Mel and Paula Blum celebrated their 55th anniversary with a wedding vow renewal ceremony at Fountaingate Gardens in Commack on July 11. Both are New York City natives. While Mel spent his early years in Colorado until the age of 12, he frequently visited family in Brooklyn. Paula, on the other hand, grew up in Brooklyn, solidifying her roots in the bustling borough.

Paula and Mel Blum

Their paths converged in Manhattan, in a serendipitous street encounter involving a mutual acquaintance. This acquaintance, having dated Paula a few times and knowing Mel, failed to introduce the two. Paula took the initiative, prompting Mel to introduce himself, and from that moment, a connection was forged.

Their life together includes raising a daughter and building impressive careers. Mel was a chemical executive, while Paula’s professional journey spanned from teaching and college admissions counseling to serving as a field coordinator with the Nassau County Department of Senior Citizen Affairs. Later, Paula joined Mel’s companies, where she adeptly handled advertising, marketing, and personnel management.

Now, as founding members of the Fountaingate Gardens Independent Life Plan Community in Commack, where they moved in September 2022, they chose this perfect location to renew their vows. The ceremony was officiated by long-time friend Barbara Epstein and featured beautiful decorations and delicious treats. Following this special ceremony with their Fountaingate Gardens family, Mel and Paula will celebrate at a small gathering of family and friends in August.

Reflecting on their journey together, Mel and Paula offer this advice for a long and happy marriage: “Do not sweat the small stuff; it isn’t worth it. And make sure the bedroom is always the DMZ (demilitarized zone).”

Their story is a testament to love, resilience and the importance of making connections, no matter how unexpected the circumstances.

There are 8 grams of fiber in one cup of raspberries. Source: Mayo Clinic, Pixabay photo

Most Americans consume only half   the recommended daily fiber.

By David Dunaief, M.D.

Dr. David Dunaief

Based on an abundance of research, we should all be concerned with getting enough fiber in our diets (1). Most Americans are woefully deficient in fiber, consuming between 10 and 15 grams per day, which is about half of what we should be consuming. Probably not surprising, our consumption of legumes and dark green vegetables is the lowest in comparison to other fiber subgroups (2). This has significant implications for our health.

USDA fiber intake recommendations vary based on gender and age. For adult women, they recommend between 22 and 28 grams per day, and for adult men, the targets are between 28 and 35 grams (2). Some argue that even these recommendations are on the low end of the scale for optimal health.

Though fiber comes in supplement form, most of your daily intake should be from diet. It is actually relatively painless to increase your fiber consumption; you just have to be aware of which foods are fiber-rich.

What difference does fiber type make?

There are a number of different fiber classifications, including soluble, viscous, and fermentable. Within each of the types, there are subtypes. Not all fiber sources are equal.

At a high level, we break dietary fiber into two overarching categories: soluble and insoluble. Soluble fibers slow digestion and nutrient absorption and make us feel fuller for longer. Sources include oats, peas, beans, apples, citrus fruits, flax seed, barley and psyllium.

On the other hand, insoluble fibers accelerate intestinal transit, which promotes digestive health. Sources include wheat bran, nuts, berries, legumes and beans, dark leafy greens, broccoli, cabbage and other vegetables. 

Many plant-based foods contain both soluble and insoluble fiber.

How does fiber affect disease progression and longevity?

Fiber has powerful effects on our health. A very large prospective cohort study showed that fiber may increase longevity by decreasing mortality from cardiovascular disease, respiratory diseases and other infectious diseases (3). Over a nine-year period, those who ate the most fiber were 22 percent less likely to die than those consuming the lowest amount.

Patients who consumed the most fiber also saw a significant decrease in mortality from cardiovascular disease, respiratory diseases and infectious diseases. The authors of the study believe that it may be the anti-inflammatory and antioxidant effects of whole grains that are responsible for the positive results.

A study published in 2019 that performed systematic reviews and meta-analyses on data from 185 prospective studies and 58 clinical trials found that higher intakes of dietary fiber and whole grains provided the greatest benefits in protecting participants from cardiovascular diseases, type 2 diabetes, and colorectal and breast cancers, along with a 15-30 percent decrease in all-cause mortality for those with the highest fiber intakes, compared to those with the lowest (4).

We also see a benefit with fiber and prevention of chronic obstructive pulmonary disease (COPD) in a relatively large epidemiologic analysis of the Atherosclerosis Risk in Communities (ARIC) study (5). The specific source of fiber was important. Fruit had the most significant effect on preventing COPD, with a 28 percent reduction in risk. Cereal fiber also had an effect, but it was not as great.

Fiber also has powerful effects on breast cancer treatment. In a study published in the American Journal of Clinical Nutrition, soluble fiber had a significant impact on breast cancer risk reduction in estrogen receptor negative women (6). This is one of the few studies that has illustrated significant results for this population. Most beneficial studies for breast cancer have shown results in estrogen receptor positive women.

The list of chronic diseases and disorders that fiber prevents and/or treats is continually expanding.

How do I increase my fiber intake?

Emphasize plants on your plate. Animal products don’t contain natural fiber. It’s easy to increase your fiber by choosing bean- or lentil-based pastas, which are becoming easier to find in general grocery stores. Sometimes, they are tucked in the gluten-free section, rather than with wheat pastas. Personally, I prefer those based on lentils, but that’s a personal preference. Read the labels, though; you want those that are made from only beans or lentils and not those that include rice.

If you are trying to prevent chronic diseases in general, aim to consume fiber from a wide array of sources. Ensuring you consume substantial amounts of fiber has several health protective advantages: it helps you avoid processed foods, it reduces your risk of chronic disease, and it increases your satiety and energy levels.

References:

(1) Nutrients. 2020 Oct; 12(10): 3209. (2) USDA.gov. (3) Arch Intern Med. 2011;171(12):1061-1068. (4) Lancet. 2019 Feb 2;393(10170):434-445. (5) Amer J Epidemiology 2008;167(5):570-578. (6) Amer J Clinical Nutrition 2009;90(3):664–671.

Dr. David Dunaief is a speaker, author and local lifestyle medicine physician focusing on the integration of medicine, nutrition, fitness and stress management. For further information, visit www.medicalcompassmd.com or consult your personal physician.