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By Linda Toga, Esq.

Linda Toga, Esq.

THE FACTS: 

My mother recently passed away. She had a will which named me as executor and provided that I was to get the bulk of her estate. The balance was to be divided between by two siblings. I found a copy of her will in a file with her other important papers but the original was not in the file. I believe my brother may have the original will since he was a signatory on her safe deposit box which he emptied before my mother died. My brother and I do not get along and he refuses to take my calls.

THE QUESTION:

Is there a way I can compel my brother to turn over the will so that I can petition the court for letters testamentary and handle the probate of my mother’s estate in accordance with her wishes?

THE ANSWER: 

It is unfortunate when there is no cooperation between family members when a loved one dies but it is not uncommon. If you have asked your brother about the will and he refuses to turn it over, file it with the court or provide any information about its whereabouts; all is not lost. You can ask the Surrogate’s Court in the county where you mother lived for an order compelling your brother to provide information about the will and to turn it over if he does, in fact, have custody of the document. 

You should have an experienced attorney prepare and file with the court a petition to compel production of a will. The court will need the name and address of the brother you believe has the will, as well as the names and addresses of all other interested parties. The court also requires an original death certificate and a proposed order. 

Once the Surrogate signs the order, a certified copy of the order directing your brother to participate in an inquiry about the whereabouts of the will and to turn over to the court the original will must be served upon your brother. Your attorney then has the authority to question your brother about the will. If he refuses to cooperate with your attorney, your brother has a date certain set by the court to either turn over the will or explain why he cannot do so. The court can then decide how best to proceed. 

Although your brother’s inheritance may be smaller if your mother’s will is probated than if an administrator is appointed, hopefully your brother will do the right thing when faced with a legally enforceable court order. 

Linda M. Toga, Esq. provides legal services in the areas of estate administration, estate planning, real estate and small business services from her East Setauket office.  Call 631-444-5605 or vising her website at www.LMTOGALAW.com to schedule a consultation. 

rapes have been found to reduce glucose levels. Pexels photo
Whole berries may reduce glucose levels the most

By David Dunaief, M.D.

Dr. David Dunaief

Type 2 diabetes is pervasive throughout the population, affecting adults, but also children and adolescents. Yet, even with its prevalence, many myths persist about managing diabetes.

Among these are: Fruit should be limited or avoided; Soy has detrimental effects with diabetes; Plant fiber provides too many carbohydrates; and Bariatric surgery is an alternative to lifestyle changes.

All of these statements are false. My goal is to help debunk these type 2 diabetes myths. Let’s look at the evidence.

Fruit

Fruit, whether whole fruit, fruit juice or dried fruit, has been long considered taboo for those with diabetes. This is only partially true. Yes, fruit juice and dried fruit should be avoided, because they do raise or spike glucose (sugar) levels. The same does not hold true for whole fresh or frozen fruit. Studies have demonstrated that patients with diabetes don’t experience a spike in sugar levels whether they limit the number of fruits consumed or have an abundance of fruit (1). In another study, whole fruit actually was shown to reduce the risk of type 2 diabetes (2).

In yet another study, researchers looked at the impacts of different types of whole fruits on glucose levels. They found that berries reduced glucose levels the most, but even bananas and grapes reduced these levels (3). That’s right, bananas and grapes, two fruits people associate with spiking sugar levels and increasing carbohydrate load. The only fruit that seemed to have a mildly negative impact on sugars was cantaloupe.

Whole fruit is not synonymous with sugar. One of the reasons for the beneficial effect is the fruits’ flavonoids, or plant micronutrients, but another is the fiber.

Fiber

We know fiber is important for reducing risk for a host of diseases and for managing their outcomes, and it is not any different for diabetes. 

In the Nurses’ Health Study (NHS) and NHS II, two very large prospective observational studies, plant fiber was shown to help reduce the risk of type 2 diabetes (4). Researchers looked at lignans, a type of plant fiber, specifically examining the metabolites enterodiol and enterolactone. They found that patients with type 2 diabetes have substantially lower levels of these metabolites in their urine, compared to the control group without diabetes. There was a linear, or direct, relationship between the amount of metabolites and the reduction in risk for diabetes. The authors encourage patients to eat more of a plant-based diet to get this benefit.

Foods with lignans include flaxseed; sesame seeds; cruciferous vegetables, such as broccoli and cauliflower; and an assortment of fruits and whole grains (5). The researchers could not determine which plants contributed the greatest benefit. The researchers believe the effect results from antioxidant activity.

Soy and kidney function

In diabetes patients with nephropathy (kidney damage or disease), soy consumption showed improvements in kidney function (6). There were significant reductions in urinary creatinine levels and reductions of proteinuria (protein in the urine), both signs that the kidneys are beginning to function better.

This was a small randomized control trial over a four-year period with 41 participants. The control group’s diet consisted of 70 percent animal protein and 30 percent vegetable protein, while the treatment group’s diet consisted of 35 percent animal protein, 35 percent textured soy protein and 30 percent vegetable protein.

This is very important since diabetes patients are 20 to 40 times more likely to develop nephropathy than those without diabetes (7). It appears that soy protein may put substantially less stress on the kidneys than animal protein. However, those who have hypothyroidism should be cautious or avoid soy since it may suppress thyroid functioning.

Bariatric surgery

Bariatric surgery has grown in prevalence for treating severely obese (BMI>35 kg/m²) and obese (BMI >30 kg/m²) diabetes patients. In a meta-analysis of bariatric surgery involving 16 randomized control trials and observational studies, the procedure illustrated better results than conventional medicines over a 17-month follow-up period in treating HbA1C (three-month blood glucose measure), fasting blood glucose and weight loss (8). During this time period, 72 percent of those patients treated with bariatric surgery went into diabetes remission and had significant weight loss.

However, after 10 years without proper management involving lifestyle changes, only 36 percent remained in remission with diabetes, and a significant number regained weight. Thus, whether one chooses bariatric surgery or not, altering diet and exercise are critical to maintaining long-term benefits.

There is still a lot to be learned with diabetes, but our understanding of how to manage lifestyle modifications, specifically diet, is becoming clearer. The take-home message is: focus on a plant-based diet focused on fruits, vegetables, beans and legumes. And if you choose a medical approach, bariatric surgery is a viable option, but don’t forget that you need to make significant lifestyle changes to accompany the surgery in order to sustain its benefits.

References:

(1) Nutr J. 2013 Mar. 5;12:29. (2) Am J Clin Nutr. 2012 Apr.;95:925-933. (3) BMJ online 2013 Aug. 29. (4) Diabetes Care. online 2014 Feb. 18. (5) Br J Nutr. 2005;93:393–402. (6) Diabetes Care. 2008;31:648-654. (7) N Engl J Med. 1993;328:1676–1685. (8) Obes Surg. 2014;24:437-455.

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. 

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Knights of Columbus Father Seyfried Council will host its annual community food drive on Saturday April 17, and Sunday, April 18 from 10 a.m. to 1 p.m. Donations will be collected at the KOC Hall located at 44 Church St. in Kings Park. Canned and packaged food such as cereal, pasta, peanut butter, jelly, soup, baby food, pancake mix and juice boxes are needed. Gift cards will also be accepted. For more information, please call 631-724-1410.

The Three Village Chamber of Commerce welcomed Koeppel Dental Group (A Dental 365 Company), Druthers Coffee and Jersey Mike’s Subs to the community with a celebratory ribbon cutting on April 5. All three businesses are located in Stony Brook Square at 1113 North Country Road in Stony Brook. 

The event was attended by New York State Assemblyman Steve Englebright, Kim Bryant from Suffolk County Legislator Kara Hahn’s office,  Town of Brookhaven Councilman Jonathan Kornreich and members of the chamber. 

“The Three Village Chamber of Commerce is working to beat back the economic impact of COVID-19 by helping new businesses open and existing businesses safely reopen. As someone who knows just how difficult it is to start a small business, I applaud the entrepreneurs behind Druthers Coffee, Koeppel Dental Group, and Jersey Mike’s Subs for opening their doors here in Three Village,” said Councilman Kornreich in a statement. 

“Main Street America’s Small Business Day took place on April 13, and I’m optimistic that we will see more growth and opportunity across the First Council District,” he added.

F. William Studier

By Daniel Dunaief

People around the world are lining up, and in some cases traveling great distances, to get vaccinations to COVID-19 that will provide them with immune protection from the virus.

An important step in the vaccinations from Pfizer-BioNTech and Moderna, the two messenger RNA vaccinations, originated with basic research at Brookhaven National Laboratory in the 1980’s, close to 40 years before the pandemic infected millions and killed close to three million people.

At the national laboratory, scientists including F. William Studier, Alan Rosenberg, and the late John Dunn, among others, worked on another virus, called the T7 bacteriophage, which infects bacteria. T7 effectively corrupts a bacteria’s genetic machinery, turning it into a machine that makes copies of itself.

From top graphic, the T7 virus uses RNA polymerase and a promoter to start a process inside a bacteria that makes copies of itself; researchers use copies of the promoter and the polymerase to insert genes that code for a specific protein; the mRNAs are injected into our arms where human ribosomes make COVID-19 spike proteins. Those spike proteins train the attack dog cells of our immune system to recognize the virus if it attempts to invade.

Back in the 1980’s, Studier and Dunn in BNL’s Biology Department were trying to do something no one else had accomplished: they wanted to clone the T7 RNA polymerase. The use of this genetic region, along with a promoter that starts the process of transcription, enabled scientists to mimic the effect of the virus, directing a cell to make copies of genetic sequences or proteins.

The BNL researchers perfected that process amid a time when numerous labs were trying to accomplish the same molecular biological feat.

“Although there were several labs that were trying to clone the T7 RNA polymerase, we understood what made its cloning difficult,” said Alan Rosenberg, who retired as a senior scientist at BNL in 1996. The patented technology “became the general tool that molecular biologists use to produce the RNA and proteins they want to study.”

The scientists who worked on the process, as well as researchers who currently work at BNL, are pleased that this type of effort, which involves a desire for general knowledge and understanding before policy makers and funders are aware of all the implications and benefits, led to such life-saving vaccinations.

“This is an excellent example of the value of basic science in that the practical applications were quite unanticipated,” John Shanklin, Chair of BNL’s Biology Department, wrote in an email. 

“The goal of the work Studier and his team did was to understand fundamental biological principles using a virus that infects bacteria. Once discovered, those principles led to a transformation of how biochemists and biomedical researchers around the world produce and analyze proteins in addition to providing a foundational technology that allowed the rapid development of mRNA vaccines,” he wrote.

Shanklin described Studier, who recruited him to join BNL 30 years ago from Michigan, as a mentor to numerous researchers, including himself. Shanklin credits Studier for helping him develop his career and is pleased that Studier is getting credit for this seminal work.

“I am tremendously proud that the basic research done in the Biology Department has been instrumental in accelerating the production of a vaccine with the potential to save millions of lives worldwide,” Shanklin wrote. “I couldn’t be happier for [Studier] and his team being recognized for their tremendous basic science efforts.”

Steve Binkley, Acting Director of the Department of Energy’s Office of Science, acknowledged the importance of the earlier work.

“The fact that scientific knowledge and tools developed decades ago are now being used to produce today’s lifesaving mRNA vaccines for COVID-19 is a great example of how the Department of Energy’s long-term investments in fundamental research at our National Laboratories can improve American lives today and into the future,” Binkley said in a statement.

Studier explained that his interests were more modest when he started studying this particular virus, which infects the bacteria E. coli.

“T7 was not a well-studied bacteriophage when I came to Brookhaven in 1964,” Studier, who is a senior biophysicist Emeritus, said in a statement. “I was using it to study properties of DNA and decided also to study its molecular genetics and physiology. My goal, of course, was to understand as much as possible about T7 and how it works.”

In an email, Studier said he did not realize the connection between his work and the vaccinations until Venki Ramakrishnan, a Nobel-Prize winning structural biologists from the Medical Research Council Laboratory of Molecular Biology in Cambridge, UK, told him.

“I am pleased that our work with T7 is relevant for fighting this world-wide pandemic,” Studier wrote. “History shows that some of the most useful discoveries come from basic research that could not have been predicted.”

While BNL is one of 17 Department of Energy facilities, it has conducted scientific research in numerous fields.

Several translational achievements originated at BNL, Shanklin wrote, including the thalium stress test for evaluating heart function, the development of Fluoro Deoxy Glucose for Positron Emission Tomography and the first chemical synthesis for human insulin, which allowed human insulin to replace animal insulin.

As for the effort that led to the T7 discoveries, Studier worked with Parichehre Davanloo, who was a postdoctoral fellow, Rosenberg, Dunn and Barbara Moffatt, who was a graduate student.

Rosenberg appreciated the multi-national background of the researchers who came together to conduct this research, as Moffatt is Canadian and Davanloo is Iranian.

Rosenberg added that while the group had “an inkling” of the potential usefulness of the processes they were perfecting, they couldn’t anticipate its value over the next 40 years and, in particular, its current contribution.

“Nobody really understood or thought just how widely spread its use would be,” Rosenberg said. “We certainly had no idea it would be an important element in the technology” that would lead to the Pfizer and Moderna vaccinations.

The Suffolk County Department of Health Services today issued an advisory to take precautions before recreating in the Nissequogue River and boat ramp parking area at/near the Nissequogue River State Park Marina in Kings Park.  This advisory follows a recent NY-Alert notification of an effluent discharge from a manhole within the conveyance network in this area. Though the effluent has been treated, there is potential for elevated levels of pathogenic organisms to be present in this area.

Corrective actions to mitigate the discharge have been initiated and full repairs are scheduled for Friday, April 16, 2021.

Suffolk County Health officials are working closely with the NYSDEC, which has jurisdiction over the permitting, enforcement, and management of the Kings Park sewage treatment plant.

Residents and fisherman are advised to avoid contact with waters from this area of Nissequgoue River as well as the boat ramp parking lot until full repairs of the conveyance network are made. NYSDEC already prohibits the harvest of shellfish from this area at all times.  Keep children and pets away from the area as well. If contact does occur, rinse off with clean water immediately.  Seek medical attention if after exposure you experience nausea, vomiting or diarrhea; skin, eye or throat irritation, or allergic reactions or breathing difficulties.

More information is forthcoming as health officials learn more about the situation.

Pictured from left, Scott Svitek, MD, Chair, Allied Foundation Board and Partner, Allied Physicians Group; Melissa Passarelli, Director of Programs, Docs for Tots & New York State Act Early Ambassador, Help Me Grow-Long Island; Heather Edwards, Executive Director, Allied Foundation; Marc Suntup, Vice President of Development, Island Harvest; and Shannon Karafian Volunteer and Community Relations Coordinator, Island Harvest

In partnership with the Allied Foundation Diaper Bank, Long Island’s only diaper bank, Help Me Grow–Long Island recently donated 53,250 diapers and 43,200 baby wipes to struggling Long Island families for distribution through Island Harvest Food Bank. Even before the COVID-19 crisis, approximately one in three U.S. families experienced diaper need, a public health issue exacerbated by the growing economic and unemployment crisis caused by the pandemic.

Diaper costs are supported by a grant from The JPB Foundation through Connecticut Children’s Medical Center. This opportunity was made available by the Help Me Grow National Center to Help Me Grow–Long Island, an initiative overseen by Docs for Tots. The diapers are secured through the National Diaper Bank Network (NDBN). As a recognized member of NDBN, a national nonprofit, The Allied Foundation Diaper Bank is given direct access to high-quality diapers needed to help keep all babies clean, dry and healthy in their communities.

The Allied Foundation, a not-for-profit organization founded by Allied Physicians Group, based in Melville, has distributed 915,000 diapers to families in need in Suffolk, Nassau, Queens and Brooklyn since its inception in 2017. In all of 2019, the diaper bank distributed 45,000 diapers; however, because of the unprecedented demand for diapers, today the program is on track to distribute 1 million diapers in 2021 to help families who are less fortunate.

“Infants require up to 12 diapers a day, toddlers about eight making the cost as much as $80 per month, per baby. Clean, dry diapers are critical for ensuring good health to prevent illness and skin infection. More parents are struggling and simply unable to afford them due to loss of employment or other hardship caused by the COVID-19 pandemic,” said Allied Foundation Executive Director Heather Edwards.

“No state or federal child safety-net program allocates dollars specifically for the purchase of diapers,” explained Scott Svitek, MD, Chair, Allied Foundation Board and Partner, Allied Physicians Group.

“Since the beginning of the COVID-19 pandemic, over 95 percent of the families that contact us need help with diapers,” said Melissa Passarelli, Director of Programs, Docs for Tots and Help Me Grow–Long Island Coordinator. “We have been working with our partners connecting families with diapers. This grant from the JPB Foundation allows us to get diapers into the hands of families who need them most.”

“Diapers and baby wipes are items that are in high demand among parents struggling to make ends meet, even before the onset of the COVID-19 pandemic,” said Marc Suntup, Vice President of Development, Island Harvest Food Bank. “Thanks to the generous donation by The Allied Foundation, Help Me Grow–Long Island and Docs for Tots, so many parents can now provide such essential products to help keep their babies safe and healthy.”

To learn more about the Allied Foundation and the Allied Diaper Bank of Long Island, visit https://alliedfoundation.org/give/donate-diapers/ or call (631) 386-4185. For additional information about Help Me Grow–Long Island, log on to www.docsfortots.org/help-me-grow-long-island. For more details about Docs for Tots, please visit www.docsfortots.org. More information about Island Harvest is available www.islandharvest.org.

Steven Zaitz won first place in the Spot News Photo category for this picture which was featured on the cover of The Village Times Herald on Nov. 5, 2020

By Heidi Sutton

From news articles and feature stories to photography, special supplements and classifieds, Times Beacon Record News Media raked in 10 awards, including three for first place, from the New York Press Association’s annual Better Newspaper Contest. The winners were announced during NYPA’s annual, and this year’s virtual Spring Conference on April 8 and 9. Over 150 newspapers competed for awards in 64 categories. 

Editor Julianne Mosher won third place in the News Story category for her article titled “Local pharmacies concerned over Amazon Pharmacy.” The judge wrote, “Well done, with good interviews that give the reader the complete picture.” Mosher also won third place in the Feature Story category for “Local dance studios change shape in the age of COVID.”

“This story shows the other side of the COVID-19 pandemic,” commented the judge. “It may not be about health care workers, but it told a story of resilience on the part of businesses and young people looking to have some sense of normalcy.”

Photo by Steven Zaitz

Former editor Kyle Barr also did well, winning first place in the Feature Story category with his article, “History of Pride: LI’s first LGBT march reveals history of fighting prejudice.” The judge commented, “This piece was extremely well done and not only covered the history of the event, but brought the emotions of it to the forefront.” Barr also received an honorable mention in the News Story category for his article “Bars/restaurants on north shore struggle to comply with restrictions.”

Reporter Daniel Dunaief won second place in the Feature Story category for his piece, “Health care workers become critical partners in viral battles,” which honored local health care workers who put themselves in harm’s way to offer comfort, cures and solutions for COVID-19. The judge wrote, “This story brought us the stories of health care heroes that have been so important in all of our communities this past year.”

Freelance photographer Steven Zaitz won first place in the Spot News Photo category for an emotional image captured at a Trump rally last October.“The moment that tells the whole story. Great shot to sum up all sides and be fair to all points,” commented the judge.

 

Zaitz also won third place in the Sports Feature Photo category. The image, which was featured in the article, “Let’s Play Two: Little League Holds Championship Games,” impressed the judge. “In our state (of Pennsylvania), it’s no longer allowed to tank the catcher. If the same is true in New York, at least this little guy got as much as he could out of his illegal action. The determined catcher’s expression completes the scene.” for an image that was featured in the article, “Let’s play two: little league holds championship games.” 

TBR News Media won first place in the Best Public Service or Non-Profit Special Section for its 2020 Graduation supplement. “What a fantastic section to put together for Senior Class, their families, and the community during a pandemic. Outstanding work!” gushed the judge. The paper won second place in the Innovative Ad Project category for its TBR Artist Coloring Book which the judges said was a “great idea to get the readers to interact with newspapers and doing a contest.” 

The paper also won second place in the Classified Advertising category. “This newspaper has created a classified section that does not feel overbearing or overcrowded. With judicial use of space and bolded type, the section is easy to read,” wrote the judge.

“We are, of course, thrilled to continue our winning ways in the annual New York Press Association Better Newspaper Contest,” said Publisher Leah Dunaief. “But some things must be said particularly for this year’s performance. First, as always, we feel so privileged for the chance to serve the community with our newspapers, website and social media. We are grateful for the support of both readers and advertisers in every season and especially now, during this unprecedented time of the COVID-19 pandemic, as we have struggled to fulfill our mission of publishing relevant news and information.”

“The staff and I have drawn inspiration from the people who live and work in the community. They have tirelessly delivered food, provided health care and ensured that everyone endured through a health and economic challenge we have never before seen but are now confronting. We have been deeply moved by the willingness to help each other that we have witnessed in order to get to a safer tomorrow. And finally, blessings on all our clearly talented staff members, without whose Herculean efforts we could not prevail.”

NYPA holds the Better Newspaper Contest each year during their spring conference. For a full list of winners and more information, visit nynewspapers.com.

 

'Keeping Up eith the Steins'

Temple Beth Chai, 870 Townline Road, Hauppauge invite the community to an outdoor movie night on April 17. “Keeping Up with the Steins” starring Garry Marshall and Daryl Hannah will be shown on a giant outdoor screen at 9 p.m. Snacks and beverages will be sold before the movie. Tickets are $36 per vehicle and must be purchased in advance by calling 724-5807 or by visiting www.bethchaiofhauppauge.com.

Suffolk County Community College students Jason Saravia, Gabrielle Flores, Kecia McKoy and Brian Higgins all received COVID-19 vaccinations at NYS Governor Andrew Cuomo’s announcement at Suffolk’s Michael J. Grant Campus on April 12 that New York State is taking its battle to defeat COVID-19 to college campuses, offering vaccines for students with direct allocations to schools, colleges and universities.

The Governor greeted each of the students after they received their vaccinations.

“Vaccinations are safe and effective and the best way to ensure that students don’t bring the virus home to family and friends. Vaccinations will also open the door to a return to campus and the college life students have been missing.” said Suffolk County Community College Interim President Louis Petrizzo.

Suffolk County Community College students who would like to be vaccinated can schedule a vaccination appointment by email at: [email protected]. The email must include contact information (cell phone number and college email address). A college representative will call to schedule an appointment.

Photos courtesy of SCCC