CLOSE
Government

by -
0 3217
Elected officials, scientists and environmentalists filled the legislative auditorium of the William H. Rogers Building last year to provide testimony against offshore drilling in the Atlantic Ocean. Photo by Maria Hoffman

Long Islanders filled the legislative auditorium of the William H. Rogers Building in Hauppauge Feb. 14 to let the federal government know that the Atlantic Ocean is not the place for offshore drilling.

In a public hearing, state legislators, including Assemblyman Steve Englebright (D-Setauket), listened to more than five hours of testimony provided by nearly 50 local elected officials, scientists and environmentalists. The hearing followed the Jan. 4 announcement made by the U.S. Department of the Interior proposing plans for expansion of natural gas and oil drilling along coastal waters. The plan includes the potential lease of acreage in federal offshore areas such as the Atlantic region.

In the Jan. 4 announcement, Ryan Zinke, secretary of the interior, said developing resources on the Outer Continental Shelf would provide billions of dollars to fund the conservation of coastlines, public lands and park. He noted that not all areas are appropriate for offshore drilling and laid out the plan for hearings across the country in the areas that may be affected.

“The important thing is we strike the right balance to protect our coasts and people while still powering America and achieving American Energy Dominance,” Zinke said in the statement.

Assemblyman Steve Englebright addresses the crowd before a Feb. 14 hearing in Hauppauge concerning the proposal of offshore drilling in the Atlantic Ocean. Photo by Maria Hoffman

“The Atlantic Outer Continental Shelf is not an appropriate area for offshore drilling, period,” Englebright said in the beginning of the Long Island hearing. “There are many reasons for that, and we’ll hear some of those reasons, I’m sure, today, but the risks associated with drilling, including oil spills, far outweigh any potential benefits. Especially since the state is currently working to advance renewable energy projects on our continental shelf area rather than climate change inducing, fossil fuel-oriented projects such as the drilling.”

While the federal government chose to hold a public hearing in Albany Feb. 15, Englebright said the location, as opposed to coastal areas in the state, was not the right spot for such a hearing as inland would not be impacted like coastal areas would be if offshore drilling would occur in the Atlantic. He also said many who live by and are worried about local waters may not have been able to travel to the federal hearing.

Speakers during the Long Island hearing touched on the ramifications drilling would have on the area in regard to water quality, marine life, coastal management and more.

Brookhaven Town Supervisor Ed Romaine (R), who wrote two letters to Zinke, one opposing drilling in the Atlantic and Arctic oceans and another one requesting a hearing on Long Island, read from one of the letters.

“Brookhaven Town has the largest coastline of any town on Long Island with three distinct coastal waters; ocean, bay and sound,” Romaine said. “As supervisor, I do not support drilling in waters off our coastline.”

The supervisor said he supported forms of renewable energy such as wind, solar and geothermal because an oil spill anywhere along the Atlantic coast could decimate large portions of the town’s coastline and negatively affect the coastal economy.

“The 1970s called, and they want their energy plan back.”

— Adrienne Esposito

“The Long Island coastline supports nearly 350,000 jobs and generates millions of dollars through tourism, fishing and other industries,” Romaine said, adding he was also concerned about the potential environmental harm to Fire Island.

Romaine said he’s also concerned about the expiration of the 9-cent per oil barrel tax which funds emergency cleanups of spills. He said the lack of a congressional plan to extend the tax makes ocean drilling riskier than ever.

Adrienne Esposito, executive director of Citizens Campaign for the Environment, also suggested more modern energy solutions.

“The 1970s called, and they want their energy plan back,” she said.

Esposito cited a 1990 study that was conducted after the 1989 Exxon Valdez oil spill in Prince William Sound, Alaska. She said the study showed a $19 million decrease in tourism dollars the summer of the oil spill in Alaska and 43 percent of businesses in the Gulf of Alaska significantly or completely shut down. Esposito said the ocean generates $24 billion into New York’s economy every year. She also raised health concerns, calling crude oil a toxin.

“It causes kidney liver and lung damage and can even kill people,” Esposito said. “It can cause neurological damage and endocrine disruption — things that are vastly overlooked.”

Speakers also highlighted the effects of seismic testing, which uses air gun blasting to locate underwater fossil fuels. Guy Jacob, conservation chair of the Nassau Hiking & Outdoor Club, said seismic booms are among the loudest underwater noises recorded and the proposed plan would give businesses permission “to fire seismic air guns every 10 seconds, 24 hours a day for months.” He said that a single vessel could deploy up to 96 air guns, which in turn is damaging to marine life and the fishing industry.

“Seismic blasts drive commercially-viable fish literally running for their lives. While the fossil fuel industry profits, our fishing industry suffers.”

— Guy Jacob

“Because water is such an excellent conduit for sound, seismic blasts become weapons of mass mutilation maiming and slaughtering organisms, from the largest whales to the most diminutive invertebrates throughout the web of marine life,” Jacob said. “Seismic blasts drive commercially-viable fish literally running for their lives. While the fossil fuel industry profits, our fishing industry suffers.”

Kevin McAllister, founder and president of the nonprofit Defend H2O, spoke of the ecological impacts from oil spills at the hearing. He said after the 1969 Santa Barbara oil spill, 36,000 birds and hundreds of marine mammals died. McAllister said only 10 percent of the oil was effectively cleaned up after the Exxon Valdez spill, and as of 2007, more than 26,000 gallons of oil remain in shoreline sentiments. According to McAllister, the 2010 Deep Water Horizon oil spill in the Gulf of Mexico impacted 68,000 square miles of ocean, the size of Oklahoma, and washed up on 1,074 miles of coastline.

During a phone interview after the hearing, McAllister said he felt the hearing was productive. He said he hopes other Atlantic states will join in a lawsuit against the federal government if New York state moves forward in filing one. During the hearing, Peter Washburn, policy adviser in the attorney general’s environmental protection bureau, said the New York State Attorney General is prepared to sue the interior department.

Englebright said a transcript of the hearing will be submitted to the federal government prior to March 9, the end of the comment period.

by -
0 1900
Suffolk County District Attorney Tim Sini during his inauguration. File photo by Alex Petroski

By Kyle Barr

Amid escalating gang activity in Suffolk County, District Attorney Tim Sini (D) announced the creation of a gang task force to combat the rise, specifically of MS-13, the group linked to six Suffolk killings in 2017.

The gang unit, which has already begun operations, exists inside the new Enhanced Prosecution Bureau within the district attorney’s office. Sini said during a press conference Feb. 7 that the unit will focus specifically on prosecuting gang members, even lower-level ones or members who commit non-gang-related crimes. Just before the event a meeting took place, which is said to be the first of many bi-weekly meetings, co-led by the DA’s office and Suffolk County Police Department.

“This is an enormous shift in paradigm — this will bring the fight to a whole new level.”

— Tim Sini

“Previously, when a gang member committed an offense, that prosecution issue was handled by any number of different bureaus within the district attorney’s office,” Sini said. “It created a system where gang members could fall through the cracks or be treated like any other individual. That is no longer going to be the case. We will be strategic in our prosecution against gang members.”

Though overall crime rates in Suffolk County have gone down, there has been persistent MS-13 activity, including the double homicide of young Brentwood residents Nisa Mickens and Kayla Cuevas, and the murder of four young Latino men in 2016. More than a dozen alleged gang members were arrested in 2017 and charged with their murders. Many more murders, attempted kidnappings and drug sales have also been linked to the gang.

The new focus on gang activity has become internalized in other law enforcement agencies, such as Suffolk County’s Sheriff’s Department, which plans to revamp its gang unit inside the office and expand its data analytics and predictive models relating to gang crime.

“Part of it is going to be a learning curve, because my staff is going to have to learn my ideals and how I want to look at things, and it will require more resources,” Sheriff Errol Toulon Jr. said. “The Suffolk County PD is assisting us with some technology that will allow us to look at these patterns differently, and not only patterns, but individuals as well.”

Sini said that with this change the county will be more effective in deciding whether a crime should be processed locally or federally.

The Suffolk County PD is assisting us with some technology that will allow us to look at these patterns differently, and not only patterns, but individuals as well.”

— Errol Toulon Jr.

“This is an enormous shift in paradigm — this will bring the fight to a whole new level,” Sini said. “In some instances, it may make sense to start a case in the state system where we’re able to develop probable cause in an efficient manner while it may take longer to build that federal case.”

The 14-member gang unit includes eight assistant district attorneys and six special investigators. The gang unit will be led by deputy bureau chief Kate Wagner, and the Enhanced Prosecution Bureau will be led by veteran prosecutor Christiana McSloy, who has previously worked on gang cases in Nassau County’s District Attorney’s office.

The assistant district attorneys assigned to the gang unit will be on call on a rotating basis. and available around the clock for when police need assistance or advice. One of the prosecutors speaks Spanish.

The district attorney’s office also announced a partnership with Suffolk County Crime Stoppers, which will still allow community members to send in tips on gang activity that, if leads to an arrest, offers cash rewards up to $5,000.

The new program was announced just over a week after President Donald Trump (R) made mention of MS-13 in his State of the Union address. He cited the rash of gang killings as reason for America to change its immigration laws. MS-13 activity in Suffolk also inspired the president to visit the Brentwood Suffolk Police Department Academy campus during summer 2017 in which he addressed a crowd of officers.

by -
0 65

Town to set up program that would provide energy audits, fund some upgrades for homeowners

Brookhaven Supervisor Ed Romaine. File photo by Alex Petroski

And Brookhaven Town said: “Let there be light.”

The town unanimously approved a resolution at its Feb. 8 board meeting authorizing the repurposing of unused funds received as part of a 2009 grant to the town-wide street lighting fixture replacement capital project.

The town began the process of replacing old, high-wattage street lights with LED, energy-efficient ones in 2013. In 2015, Brookhaven Supervisor Ed Romaine (R) announced a five-year, capital plan, called the Energy Efficiency and Sustainability Initiative, which was established with the goal of reducing greenhouse gas emissions by 50 percent by 2020. An estimated $1.45 million of that plan was slated for street lighting fixes. The Feb. 8 authorization to repurpose the funds added $943,000 to aid in the upgrades. The new LED street lights — white light that increases visibility for drivers and in turn increase safety for pedestrians and bicyclists on the roadways — increase energy efficiency and reduce costs for taxpayers by decreasing electricity used. Romaine said during a Feb. 5 board work session about 6,000 of the town’s 40,000 street lights have been upgraded, and are estimated to have a 15-year lifespan.

The unused money was left over from the Energy Department’s Energy Efficiency and Conservation Block Grant Program, allocated to the town in 2009 under the American Recovery and Reinvestment Act to fund the town’s green homes and go solar initiatives. Brookhaven received more than $4 million to fund the two — green homes seeks to help residents make their homes more efficient at little or no cost, and go solar pays town residents’ upfront costs for solar panel installation.

As a result of the funds being repurposed, Councilwoman Valerie Cartright (D-Port Jefferson Station) questioned whether or not this would be the end of the green homes and go solar programs. The money that will be saved will allow for funds to become available to create a replacement program that will aid in energy efficiency, according to Cartright.

“One of my concerns when I saw this was on the agenda, was that I was hoping this repurposing would not mark the end of these types of programs,” Cartright said during the meeting. “But I’m happy to announce after speaking to the supervisor and our Housing and Human Services Department, and of course our commissioner of finance, it looks like we may be able to create basically a town-sponsored grant, where there will be revolving loans, which would also help individual homeowners have more energy efficient homes, as well as including a component of upgrading sanitary systems. We’re looking into all of the details here and plan to form a committee.”

Romaine announced the plan is to establish a program that would allow for these initiatives to potentially continue, through energy efficiency audits made available for town homeowners, even providing funding to do upgrades. Romaine said the details are still being worked out and will be officially announced sometime in March. Romaine thanked Cartright for raising the concerns about the two long-running Brookhaven programs.

“It will apply town-wide,” the supervisor said about the soon-to-come program. “It will be to encourage homeowners in Brookhaven to do energy audits, and to provide the funding in either a low-interest or no interest loan to make those improvements and make Brookhaven the most energy-efficient town that we possibly can be.”

by -
0 2142
The TCJA enacts a number of important tax changes. Stock photo

By Nancy Burner, ESQ.

Nancy Burner, Esq.

The Tax Cuts and Jobs Act increased the federal estate tax exclusion amount from $5 million to $10 million indexed for inflation for decedents dying in years 2018 to 2025. This amount is indexed for inflation back to 2011. The exact amount of the exclusion amount is not yet known for 2018. However, it is estimated to be $11.18 million. This means that an individual can leave $11.18 million and a married couple can leave $22.36 million dollars to their heirs or beneficiaries without paying any federal estate tax.

This also means that an individual or married couple can gift this same amount during their lifetime and not incur a federal gift tax. The rate for the federal estate and gift tax remains at 40 percent.

The doubling of the basic exclusion also means that the generation-skipping transfer tax (GST) exclusion is doubled to match the basic exclusion amount of $11.18 million for an individual and $22.36 million for a married couple.

The sunsetting of the doubled basic exclusion amount after 2025 raises the prospect of exclusions decreasing in 2026. Taxpayers with estates over $11.18 million will want to discuss with their estate planning attorneys the potential for making transfers to take advantage of the larger exclusion amount before the anticipated sunset.

The act does not make changes to the rules regarding step-up basis at death. That means that when you die, your heirs’ cost basis in the assets you leave them are reset to the value at your date of death.

The portability election, which allows a surviving spouse to use his or her deceased spouse’s unused federal estate and gift tax exemption, is unchanged. This means a married couple can use the full $20 million exemption (indexed for inflation). To make a portability election, a federal estate tax return must be timely filed by the executor of the deceased spouse’s estate.

In 2018, the annual gift tax exclusion has increased to $15,000. This means that an individual can give away $15,000 to any person in a calendar year ($30,000 for a married couple) without having to file a federal gift tax return.

Despite the significantly larger federal estate tax exclusion amount, New York State’s estate tax exemption for 2018 remains at $5.25 million. New York State still does not recognize portability.

With the current New York State estate tax law as enacted in 2014, there is a limited three-year look-back period for gifts made between April 1, 2014, and Jan. 1, 2019. This means that if a New York resident dies within three years of making a taxable gift, the value of the gift will be included in the decedent’s estate for purposes of computing the New York estate tax.

The following gifts are excluded from the three-year look-back: (1) gifts made when the decedent was not a New York resident; (2) gifts made by a New York resident before April 1, 2014; (3) gifts made by a New York resident on or after Jan. 1, 2019; and (4) gifts that are otherwise includible in the decedent’s estate under another provision of the federal estate tax law (that is, such gifts aren’t taxed twice).

Under the act’s provisions, most taxpayers will never pay a federal estate tax. Even with the enlarged exemption, however, there are many reasons to engage in estate planning. Those reasons include long-term care planning, tax basis planning and planning to protect your beneficiaries once they inherit the wealth.

In addition, since New York State has a separate estate tax regime with a significantly lower exclusion than that of the federal regime, it is still critical to do estate tax planning if you and/or your spouse have an estate that is potentially taxable under the New York State law.

Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office.

by -
0 157
Suffolk County Legislator Monica Martinez sponsored two bills regarding sexual misconduct and harassment in the workplace for county employees. Photo from Suffolk County

All those in favor say #MeToo and #TimesUp. In a unanimous 18-0 vote, county lawmakers passed legislation last week that will set better standards and practices regarding sexual harassment and misconduct in the workplace for county employees.

During its Feb. 6 meeting, members of the Suffolk County Legislature pushed forward two bills sponsored by Legislator Monica Martinez (D-Brentwood).

“My hope with these laws is that we become a safer county, that it gives something to build a foundation on and that people can feel comfortable in the workforce here,” Martinez said. “To me, it was mind-boggling that we didn’t really have anything set in the county, especially being one of the biggest counties and employers, so I’m proud of it and I really thank my colleagues for supporting me.”

“My hope with these laws is that we become a safer county, that it gives something to build a foundation on and that people can feel comfortable in the workforce here.”

— Monica Martinez

The first bill mandates the director of the Office of Labor Relations provide county legislators statistics on “the number, type and disposition of employee disciplinary proceedings” involving sexual harassment or discrimination for 2015, 2016 and 2017 within 90 days; and submits this information by Feb. 28 of each year, starting in 2019. The bill also states that the county attorney must issue a report that contains a list of all sexual harassment and discrimination claims filed against Suffolk County in court, plus the settlement of any litigation claims, for 2015, 2016 and 2017 within 90 days; and, again, submit this annually starting in 2019.

“The way the resolution in the policy is designed is that it would be broken down between county departments and, within each department, the division within that department will have a more concise gathering of data,” Martinez said, adding that names will be redacted from the data to protect the privacy of those involved. “This will really help us hone in on what’s going on and who we need to focus on in each department.”

She added she hopes the bill can help prevent sexual harassment lawsuits and reduce costs for taxpayers in the future.

According to Martinez and the elected officials who co-sponsored and supported the bill — including Presiding Officer DuWayne Gregory (D-Amityville), Legislator Kara Hahn (D-Setauket) and Legislator
Sarah Anker (D-Mount Sinai) — the legislative body as a whole has never been made aware of these kinds of settlements or given insight into how many active complaints there are or the nature of those complaints, until now.

“In the past, if you didn’t ask, you didn’t get it,” Anker said. “But basically, here, we’re not asking, we’re telling them.”

Gregory said this will help make things more transparent.

“This will give us information so that we can fully exercise our oversight function as a policy-making branch of government.”

— DuWayne Gregory

“If we see there are things going on and there’s a pattern, then we have to be sure that the proper training is being provided to the various departments, or [an] individual department,” Gregory said. “This will give us information so that we can fully exercise our oversight function as a policy-making branch of government.”

Hahn agreed, saying that all the women in the legislature are eager to crack down on this issue.

“We want to be sure that our voices are heard,” she said. “When we say ‘me too,’ we are protecting all the women that work for the county and work within the county, and we’re all looking for ways to do more.”

She said there’s no question there have been incidents at the county level.

“There’s clear understanding that there’s a pervasive problem in our society, and a clear recognition that those statistics are important for us to understand,” Hahn said. “The better question now is, do we know how many? Do we know how pervasive this is? Do we know if we need more training or better training?”

The other bill passed will create a county policy in which all employees hired will be given a “Know Your Rights” pamphlet, maintained by the Department of Civil Services and Human Resources and issued by the director of the Office of Labor Relations. All new employees will be required to sign a document acknowledging they have received the pamphlet.

This will inform new employees who to contact if an issue arises and provide accountability.

“We need to get people aware that there is information pertaining to protecting their rights and protecting them from sexual harassment or discrimination, or both,” Anker said. “It’s a proactive measure … we are taking.”

by -
0 65
One of the concerns Old Field Mayor Michael Levine and two trustees will face in the near future is whether or not to install a cellphone pole in Kaltenborn Commons. Photo by Rita J. Egan

By Rita J. Egan

Residents of the Village of Old Field are asking the mayor and trustees, “Can you hear me now?”

The Keeper’s Cottage was filled to capacity Feb. 13 with residents and bordering neighbors expressing concerns over the proposed installation of a cellphone tower at Kaltenborn Commons, a small park located at the intersection of Old Field Road and Quaker Path and surrounded by homes. This is the second time both residents and nonresidents had the opportunity to speak and ask questions about the tower; the first opportunity being at a Jan. 9 public meeting.

A board vote to approve signing a lease with telecommunications tower site developer Elite Towers was not held during the meeting. Mayor Michael Levine said with the upcoming March 20 village elections, two new trustees would be starting in April, and the board agreed the new members should weigh in on the decision.

Former board member John Von Lintig, who lives directly across from the park, presented a petition signed by 100 residents who are against the installation of the cell tower.

“The opposition of the cellphone tower, or pole as you call it, is primarily based on aesthetic reasons, which tie very closely to the impact on real estate immediately in the vicinity of the tower,” Von Lintig said.

“The opposition of the cellphone tower, or pole as you call it, is primarily based on aesthetic reasons, which tie very closely to the impact on real estate immediately in the vicinity of the tower.”

— John Von Lintig

He cited the National Institute for Science, Law & Public Policy’s survey of 1,000 respondents on the impact of cell towers and antennas on real estate properties. He said according to the survey, 94 percent responded that cellphone towers or antennas in a neighborhood would impact their interest in a property and the price they would pay. Von Lintig said 79 percent answering the survey said under no circumstances would they buy a home within a few blocks from a tower or antenna. He said the decline of real estate prices can be anywhere between 2 and 20 percent.

John Damianos said when the land was granted to the village by Hans V. Kaltenborn in 1950 it was meant to be used for recreational purposes. He said the addition of the pole would turn it into a commercial facility.

“When I moved here there were many naturalists and environmentalists,” Damianos said. “A lot of people talked about Flax Pond and other places. They were strongly in favor of preserving natural spaces, open spaces, including this one.”

Jeff Schnee, who recently attended a board of trustees work session to discuss the technologic alternatives to a tower, said a better solution would be using distributed antenna systems. He said there is one in front of Ward Melville High School, and it consists of a 14- to 15-foot microwave antenna and a controlling box.

“[The phone companies] can put that in our neighborhood about every 20 poles in the areas that need it and that’s not intrusive,” Schnee said. “You don’t have to look at it, it doesn’t put out much power.”

Schnee asked if a cellphone tower was necessary with 5G technology, which uses millimeter waves and not microwaves, on the horizon. He said the technology uses receivers and transmitters, which would be every cellphone, Wi-Fi-enabled car and cable box. He said an area such as Old Field, where people buy the latest technology, would be perfect for 5G, and it’s possible it might be available in 2020.

Deputy Mayor Stephen Shybunko said after further research the board found that 5G would not replace 4G entirely as 5G does not penetrate walls and windows and therefore would not work well for voice transmission. Schnee said he believes more research needs to be done and said the debate on the potential of 5G could lead to the formation of a committee of residents who could research the topic before a decision is made about the tower.

Residents and nonresidents of Old Field attend the Feb. 13 public village meeting to express their concerns over the proposed installation of a cellphone tower in Kaltenborn Commons.

Physicist Oleg Gang said a committee would be ideal to also research potential health risks. The scientist handed out a sheet with a list of studies regarding the effects of cell towers on health. Gang showed a meter he used recently when near a comparable tower in Belle Terre. He said the measurements of radio frequency power near the tower — 100 feet to 0.3 mile — indicate RF radiation levels a few times higher than holding a cellphone to one’s ear 24 hours a day, seven days a week.

Board members said they would be open to a committee comprised of Old Field residents. Levine reiterated what was covered at the last board meeting, that the lighthouse is not an option for the Village of Old Field to install a cellphone tower as the U.S. Coast Guard has not given approval. Also, if the village decides not to install a pole, there is still a chance that Stony Brook University will do so on its Sunwood Estate property as the university has filed a request for proposals to install a cellphone tower. If this occurs, the village would not have a say as to where the university installs it on the property and would not generate any revenue from the SBU pole.

Many residents in attendance said they would rather not have better cellphone service, or any service at all, if it negatively affects them and their neighbors in Setauket.

“I would rather pay higher taxes than shaft my neighbors down the road a mile and a half,” one resident said.

After the meeting, Von Lintig said he was optimistic and believed it makes sense to involve new board members in the process.

“As a former village trustee knowing most of the current members well, I believe they will take these concerns under serious consideration and do the right thing to preserve the bucolic nature of our village,” Von Lintig said.

by -
0 132
Suffolk County Sheriff Errol Toulon speaks during a media event at the Suffolk County Correctional Facility in Yaphank. File photo by Kevin Redding

Suffolk County Sheriff Errol Toulon (D-Lake Grove) has only been in office for six weeks but he’s wasting no time working on the issues he campaigned on and bringing change to his new environment.

“Every single day since I’ve started, I wake up very enthused and energetic to get to work,” Toulon said during a media roundtable discussion he hosted Feb. 9 at Yaphank Correctional Facility. “I want to break down the barrier between law enforcement and our community — I want residents to know who their sheriff is.”

Since Jan. 1, Toulon, a former Rikers Island corrections officer and captain, has visited five school districts across the county, from Huntington to Bay Shore, to speak with students about bullying, vaping, opioid use and gangs as part of a long-term initiative to, in his own words, “get to the kids before they get to me.” A more thorough “listening tour” will be held across local high schools during which Toulon will meet with specific students who face drug- and gang-related problems.

“I told him, ‘You’ve done more in six weeks than I’ve ever seen anyone take office do.’”

— Steve Kuehhas

“I am going to be very tough on crime,” he said. “I will, as I did in New York City, go after gang members and those distributing drugs illegally and I encourage the community’s support.”

He said he is in the process of creating an intelligence-gathering system within the correctional facility similar to one established in the gang unit at Rikers Island to help outside law enforcement partners, including District Attorney Tim Sini (D), track down criminals and better prevent and solve crimes. As part of the system, information will be  gathered from inmates through interviews, phone calls, visits and social media interactions that occurred before incarceration, with a focus on targeting particular crimes in certain towns and jurisdictions.

He said he will also be implementing a re-entry program for inmates leaving the jail focused on rehabilitation and counseling.

“We’re all in this together and that individual that’s in his cell today may be in Target tomorrow buying something,” he said. “So I want to make sure we treat everyone with fairness and respect, and assist them in keeping their dignity. I feel confident that, after four years, we are going to make a big difference in a lot of people’s lives by deterring individuals from joining gangs, reducing this epidemic involving prescription drugs and [reduce] the high rate of recidivism.”

Toulon said he is adamant about taking politics out of the sheriff’s office, insisting he will not be accepting any political contributions and that all employees will be evaluated solely on attendance and work performance.

He has already met with various members of his staff, and inmates in the housing area, to address any issues they may have faced in the past. In light of the nationwide #MeToo movement, he said he will be meeting with female deputy sheriff’s, correctional officers and non-uniform staff members to create a more open environment when it comes to addressing issues of sexual harassment and discrimination in the workplace.

Inside the Suffolk County Correctional Facility in Yaphank. File photo by Kevin Redding

While he admits to having a different management style than his predecessor, former sheriff Vincent DeMarco (C), Toulon said he is pleased so far by the way Suffolk’s two jails operate and will be holding onto many of DeMarco’s implementations.

This includes a controversial policy change in December 2016 to detain undocumented immigrants who have been arrested in Suffolk County, and are eligible to be released pending a trial, at the request of Immigration and Customs Enforcement agents so they can begin the deportation process. Before DeMarco implemented the change, the county needed a judge’s order, or warrant, to hold onto someone wanted by federal immigration officials.

At the time, DeMarco expressed concerns about the impact on public safety that could come from releasing immigrants who committed crimes back into their communities.

“ICE will stay in this jail,” Toulon said. “It’s a hot button topic, but my number one job is to keep the community safe. Looking at local charges of all undocumented inmates, these are really horrific crimes — if done by anybody. We’re talking about sexual assault, robberies, burglaries.”

Current Undersheriff Steve Kuehhas, a former bureau chief for the district attorney’s office who became second in command to DeMarco in 2016, is the only past employee of the office who will be interviewed for undersheriff in the new administration as Toulon seeks “an infusion of new and objective ideas.”

Kuehhas said he’s beyond impressed with the job Toulon has done so far.

“I told him, ‘You’ve done more in six weeks than I’ve ever seen anyone take office do,’” he said. “I know because I’m at his side all the time and the work is constant, which I love. It’s always busy. And this is just the beginning. He’s very honest when he says he wants to be transparent and always available to the public.”

by -
0 2532
When a person dies without a will, the law determines who the heirs of the estate are. Stock photo

By Linda M. Toga, Esq.

Linda Toga

THE FACTS: After my mother’s death I was approached by a man I will refer to as Joe who claims that my mother was his biological mother as well. According to Joe, before she and my father married, my mother gave birth to Joe and immediately put him up for adoption. Although Joe admits that my mother rejected his attempts to develop a relationship with her during her lifetime, Joe now claims that since my mother died without a will, he is entitled to a share of my mother’s estate.

THE QUESTION: Is Joe correct? Will my siblings and I have to share our inheritance with him?

THE ANSWER: Fortunately for you, Joe is wrong.

HOW IT WORKS: Generally a child who is adopted out does not have the right to an inheritance from the estate of his birth mother. The order of adoption generally relieves the birth parents of all parental duties and of all responsibilities for the adopted child. At the same time, the order extinguishes all parental rights of the birth parent to the estate of a child who has been adopted, including the right to serve as administrator of that child’s estate and the right to inherit under the intestacy statutes.

Although Joe seems to be relying upon the fact that your mother died without a will and, therefore, did not explicitly disinherit him, his reliance is unwarranted. That is because the New York State intestacy statute and the domestic relations law govern how your mother’s estate should be distributed.

While the child of a decedent is generally entitled to a share of his parent’s estate if the parent dies without a will [Estates, Powers and Trusts Law §4-1.1 (a)(1) and (3)], the rights of an adopted child in the estate of a birth parent are governed by subsection (d) of the statute. It provides that the Domestic Relations Law, specifically Domestic Relations Law §117, controls.

Domestic Relations Law §117 (1)(a) and (b) provide that an order of adoption relieves the birth parent of all parental duties and responsibilities and extinguishes any rights the parent would otherwise have over the adoptive child’s property or estate. At the same time, the order terminates any rights of the adoptive child to an inheritance from the birth parent.

Although there are some exceptions to these laws, the logic behind terminating inheritance rights is to prevent people in Joe’s position from enjoying a windfall by inheriting from both his birth and adoptive parents and to prevent a birth mother from receiving an inheritance from a child that she did not support during her lifetime.

Under the circumstances, the only way Joe could inherit from your mother’s estate would be if she chose to name him as a beneficiary in a will or a trust or on a beneficiary designation form. If Joe decides to pursue a claim against your mother’s estate, you should be able to defeat the claim by providing the court with evidence that Joe was legally adopted as a child.

It would be wise to retain an attorney experienced in estate administration to assist you with this matter.

Linda M. Toga provides personalized service and peace of mind to her clients in the areas of elder law, estate administration and estate planning, real estate, marital agreements and litigation. Visit her website at www.lmtogalaw.com or call 631-444-5605 to schedule a free consultation.

by -
0 89
Flu season is hitting New York and the country as a whole especially hard this year. Stock photo

Flu season is hitting harder than usual across the United States this year, and New York has been no exception.

The New York State Department of Health Weekly Influenza Surveillance Report for the week ending Feb. 3, the most recent week available, said it was the ninth consecutive week that widespread influenza activity was reported. The “widespread” distinction means two or more additional lab-confirmed cases of influenza were reported in greater than 31 of the 62 counties in the state per 100,000 people. Nearly 16,000 lab-confirmed cases were reported for that week in New York, compared to about 5,300 for the same week in 2017.

More than 1,100 cases were reported for the same week in Suffolk County, bringing the season-to-date total to 3,301. The week ending Feb. 3 saw nearly identical numbers for the preceding two weeks in Suffolk combined. Three influenza-associated pediatric deaths have been reported in New York so far this season, and 63 nationwide.

A Feb. 9 update from the Centers for Disease Control and Prevention indicated influenza-like illness reached 7.7 percent, the highest rate since the 2009 H1N1 pandemic, or Swine Flu, which peaked at 7.7 percent. The overall hospitalization rate was higher for the past week than the rate reported for the same week in 2015, a high severity season, according to the CDC. Of the last six flu seasons, the 2017-18 hospitalization rate — 60 hospitalizations per 100,000 people — is the highest at this point in the season. Hospitalization rates have only exceeded 60 per 100,000 people over that span for nine weeks cumulatively — six weeks in 2015 and three weeks in 2017. Influenza-like illness has been at or above the national baseline for 11 weeks. During the last five flu seasons, influenza-like illness remained at or above baseline for 16 weeks on average, meaning the current flu season should be expected to continue for at least the next several weeks.

Flu prevention tips from the CDC:

1. Avoid close contact.

Avoid close contact with people who are sick. When you are sick, keep your distance from others to protect them from getting sick too.

2. Stay home when you are sick.

If possible, stay home from work, school, and errands when you are sick. This will help prevent spreading your illness to others.

3. Cover your mouth and nose.

Cover your mouth and nose with a tissue when coughing or sneezing. It may prevent those around you from getting sick.

4. Clean your hands.

Washing your hands often will help protect you from germs. If soap and water are not available, use an alcohol-based hand rub.

5. Avoid touching your eyes, nose or mouth.

Germs are often spread when a person touches something that is contaminated with germs and then touches his or her eyes, nose, or mouth.

6. Practice other good health habits.

Clean and disinfect frequently touched surfaces at home, work or school, especially when someone is ill. Get plenty of sleep, be physically active, manage your stress, drink plenty of fluids, and eat nutritious food.

“I think something that the public tends to forget from year to year is that influenza is a significant health issue,” said Dr. Michael Grosso, the chief medical officer at Huntington Hospital. “Were this any other kind of infection, we would be rather alarmed as a country. We’re sort of accustomed to the flu.”

Suffolk County Executive Steve Bellone (D) and Health Commissioner Dr. James Tomarken announced last week the county is offering free influenza immunization to residents following Gov. Andrew Cuomo’s (D) declaration of a statewide public health emergency.

“The health and wellness of our residents is of utmost importance,” Bellone said in a statement, also thanking Cuomo for the emergency declaration, which resulted in the release of funding to allow for the free flu shots.

Tomarken and Grosso each stressed it is not too late in the season to obtain a flu shot.

“I think it’s important that leaders not ever send mixed signals about this,” Grosso said.

Cuomo also directed the Suffolk DHS to provide educational information to schools, colleges and other service providers about obtaining flu shots and other preventative measures, according to a letter from Tomarken dated Feb. 9 on the DHS website.

Suffolk County Legislator Kara Hahn (D-Setauket) is sponsoring legislation that would, for the first time, collect data on all deaths resulting from influenza virus, not just deaths of those 18 years and younger. If approved, the statistics would be reported monthly during flu season and would become the basis of an annual report on that year’s flu season due to the Legislature each May.

“Our understanding of annual influenza outbreaks is limited by the limited data being collected by national, state and local health officials,” Hahn said in a statement. “When the statistics used to monitor this epidemic excludes nearly 79 percent of Suffolk County’s population it is difficult to get a clear picture of its impact on public health. I know having complete information will aid county officials who need to make reasonable predictions based upon available datasets.”

Legislator William ‘Doc’ Spencer (D-Centerport) is also supporting the bill.

Northwell Health, a health system that oversees several area hospitals including Huntington Hospital, has instituted a new “biosurveillance” system to track and respond to the volume of influenza cases it’s handling this season. Among other benefits, the system enables Northwell Health to proactively manage the distribution of resources, including supplies needed to treat patients and protect staff, such as antiviral medications, rapid-flu tests, masks and gloves.

Grosso said the implementation of the statistics yielded from the new system is still coming along, and he said he anticipates it will be a useful tool during subsequent flu seasons.

Free flu shots are available for Suffolk residents age 2 and older at local pharmacies and for those at least 6 months old at pediatrician and healthcare provider offices. Additionally, the county is offering free immunizations for residents 6 months old and up Feb. 13 from 1 to 3 p.m. at the Riverhead Free Library and Feb. 15 from 5 to 7 p.m. at the H. Lee Dennison Building in Hauppauge. Residents are asked to call 631-787-2200 Monday through Thursday from 9 a.m. to 5 p.m. to schedule an appointment.

by -
0 43

Democrat, Republican parties to name their candidate for 10th District by Feb. 15.

File photo

A date has been set for a special election to fill the state Assembly seat formerly held by Huntington Supervisor Chad Lupinacci (R).

New York State Gov. Andrew Cuomo (D) announced Feb. 5 that special elections would be held April 24 for the two Senate and nine state Assembly seats left vacant
after November’s general elections. Cuomo’s announcement came after weeks of speculation whether the governor would hold the special elections before or after the state budget deadline of March 31.

“The one good thing is they are not going to leave the seat unfilled until November,” Lupinacci said. “I’m glad it won’t be left unfilled as I think it’s important to get someone in there to represent the 10th Assembly District.”

Over the next week, the major political parties will hold candidate screenings and nominating conventions, according to Nick LaLota, Republican commissioner for Suffolk County Board of Elections. There are no primaries, and the candidates are directly chosen by the party’s political leaders. The selected candidate must be certified with the board of elections by Feb. 15.

Independent candidates may petition to get their name on the ballot. LaLota said “the signature amount is high, and the reward is low.”

Suffolk County Republican Committee Chair John Jay LaValle will be holding the party’s convention Feb. 12, according to Lupinacci, and he will be part of the process.

“We are looking at several candidates, and I will be there most likely at the screening,” he said. “If the party leaders seek my input, I will most certainly be very vocal.”

The former state Assemblyman said he’d like to see a candidate who demonstrates an understanding of the issues important to his district, is responsive to constituents’ concerns and is willing to work across the aisle. The Republican Party is in the minority in the state Assembly, and that balance cannot be tipped by the nine seats up for grabs.

While the 10th Assembly District has long been held by Republicans, the Democrats have a number of potential candidates as well.

“We have a couple of people who have expressed interest, as far as I know, but we have not screened anyone yet,” said Mary Collins, chairwoman of the Huntington Town Democratic Committee.

The next representative for the 10th district will serve approximately 130,000 residents, according to the 2010 census data, and includes all or parts of Cold Spring Harbor, East Northport, Greenlawn, Lloyd Harbor, Lloyd Neck, Melville, Huntington and Huntington Station.

Prev1...111112113...187Next Page 112 of 187
TBR News Media is your local news and entertainment website.
We provide you with the latest breaking news and information for your community.
Contact us: [email protected]

Most Viewed

©