Friday, February 15, 2008

Craigslist scams targeting renters desperate for affordable apartments

The apartment sounded too good to be true.

A fully furnished two-bedroom with a balcony in Bay Ridge, Brooklyn, going for $950 instead of the $2,200 it would normally fetch because of the tenant's sudden job transfer.

The catch: You have to take it sight unseen - and send a security deposit.

The bogus rental was even more of a steal than unsuspecting would-be tenants thought, part of a growing number of scams cooked up to profit from gullible people desperate for affordable housing in the city, according to Internet fraud and security expert Craig Solomon.

"It is becoming more common because New York apartments have become such a hot commodity," said Solomon. "People are so desperate that they aren't always thinking clearly."

This particular listing on Craigslist.org, the go-to site for frazzled city dwellers, featured appealing photos and a quick response to inquiries from a scam artist who used the alias "JoAnn Rinaggio" and a tale about being transferred to North Carolina.

"I will like to tell you that we are doing this based on trust and I would like you to trust me as I trust you. ... You can see the beautiful apartment in the pictures, but not in person yet," she writes, asking prospective tenants to wire a $550 security deposit and promising a return envelope with the apartment keys.

According to Solomon, "countless" victims fell for this ruse, sent money, never heard back from "Rinaggio" and learned the hard way that the address for the dream apartment, 8235 Fourth Ave., also was bogus.

Documents obtained by the Daily News show the phony name was used by a convicted serial rubber-check writer, JoAnne Smith, who was convicted nine times between 1986 and 2004 for fake checks totaling $20,000.

"Craigslist is made to sell local, and whenever anyone from out of state is involved, red flags should immediately go up," said Solomon. "Avoiding the scam is simple. Try to always do business face-to-face, and never, ever, wire money anywhere."

This is also the advice posted under "avoiding scams and fraud" by Craigslist on its Web site, which urges users not to wire money, give out personal financial information or respond to any offers requiring you to provide escrow money.

"Know that only a scammer will 'guarantee' your transaction," Craigslist warns.

Beth Ann Bovino, a senior economist at Standard & Poor's, found herself caught up in such a scam when someone posted her address and photos of it as a bargain rental.

"Rents are higher and people are in real need of an affordable place to live," said Bovino. "It is sad to say, but these kinds of scams appeal to desperation and greed."

"People need to remember that if it sounds too good to be true, it probably is."

Smiles, big appetites at restaurant owned by Gambino informant's wife

BY MATTHEW LYSIAK and BILL HUTCHINSON
DAILY NEWS WRITERS

Monday, February 11th 2008, 4:00 AM

The only sign of mobsters Sunday at the Staten Island restaurant owned by Trisha Vollaro, the wife of mob rat Joseph Vollaro, were the photos on the walls.

A mug of Robert De Niro, who played Al Capone and a young Vito Corleone, was prominently displayed next to one of Joe Gannascoli, who played the gay "Sopranos" mobster.

Customers of Docks Seafood Pasta in Tottenville seemed more interested in the chicken parmigiana and zuppa di clams than the proprietor's link to the downfall of the Gambino crime family.

Murals depicted a peaceful Italian fishing village, but behind the scenes, federal authorities contend, Joseph Vollaro has left the Gambinos crashed on the rocks.

Just days after the feds revealed Vollaro was the informer who helped build the case against the top bosses of the Gambinos, it was business as usual at Docks.

At least 100 people showed up for a baby girl's christening, ordering 16-ounce New York strip steaks and fillet of sole.

A copy of Sunday's Daily News with Vollaro and his wife, Trisha, on the front page sat folded near the bar. Several customers inquired about the welfare of Trisha Vollaro, who is pregnant with twins. Her trucking company owner hubby vanished on her last week, likely into the witness protection program. Her family told The News she knew nothing of her husband's mob ties.

The Vollaro drama did little to dampen the spirits at Docks last night as the place bustled with the sound and laughter of 17 babies and toddlers on hand for the party.

Subway platform collapse puts teen on tracks; MTA still hasn't fixed it

BY MATTHEW LYSIAK and ADAM LISBERG
DAILY NEWS WRITERS

Monday, February 11th 2008, 4:00 AM

Avi Katz, with mom, Rena, says Q platform crumbled under his feet.
A Borough Park teen said a subway platform crumbled under his feet and sent him sprawling in front of an oncoming train - but the MTA still hasn't fixed the problem.

Avi Katz, 14, said he was heading home from his Brooklyn yeshiva and standing on the outdoor Kings Highway station when he stepped onto the edge to look for the Q train. Suddenly, he tumbled to the tracks as the wooden platform cracked under his feet.

"The wood snapped and I fell on the tracks," Avi said yesterday at a news conference with his mother and Assemblyman Dov Hikind (D-Brooklyn).

"I was laying on the tracks and I was really scared," Avi said. "My yarmulke fell off and I didn't even care. I saw the train coming and all I could think was, 'Get up, get up - this isn't how I want to die.'"

The closest light bulb was burned out, he said, so no one could see him. He said he scrambled to safety seconds before a train barreled into the station and is too scared to ride the subway again.

"I'm still real sore and I can't run as fast as I used to" after the Jan. 29 incident, Avi said. "Every time I see a train pass by I think of me on the tracks."

Avi's mother, Rena Katz, said she complained to the token clerk, but the only change was a wooden plank nailed over the gaping hole. Now she said she is planning legal action against the MTA.

The MTA did not respond to requests for comments yesterday.

"Does someone have to die before something happens?" she said. "There is no excuse that this station is in such disrepair - my son could be dead."

alisberg@nydailynews.com

Animal groomer faces a year in jail over beating of small Burmese cat

By MATTHEW LYSIAK
DAILY NEWS STAFF WRITER

A sadistic Brooklyn pet groomer faces a year in prison on charges of beating a tiny Burmese cat - and handing her back to her owner in a blood-soaked plastic bag.

"We looked in the bag, and Nusha's entire face was covered in blood," said heartbroken pet owner Igor Kisil, 45. "Tears were coming from her eyes. I've never seen a cat do that."

Bechir Bejaoui, 23, of Bay Ridge, was charged with animal cruelty for abusing Nusha, a 3-pound cat, last summer. Bejaoui, who is awaiting trial next month, blamed the cat for being "bad," but a veterinarian said it was the worst case of animal abuse he's seen in 30 years.

"I have cats that have fallen out of very high windows that weren't this bad," said Dr. Roy Appel. "It was awful, just awful to see the cat suffering like it did."

The cat suffered severe trauma, internal injuries and hemorrhaging. She was in the hospital for two weeks and fought off two infections.

A spokesman for the pet grooming store said Thursday no one could remember the incident.

Nusha has recovered from her physical wounds, but is still skittish. "My Nusha just hasn't been the same trusting cat and probably never will be," Kisil said.

No skirting traffic rules, judge tells blind patient's husband

by Matthew Lysiak
daily news writer

Thursday, February 7th 2008, 4:00 AM

An elderly Brooklyn man slapped with a $115 parking ticket while picking up his blind wife from a dialysis clinic just got slapped again - this time by a judge, the Daily News has learned.

"These people are a nightmare," said Eugene Iannicelli, 84, who got the fine Dec. 19 after he couldn't find a parking spot near the Dyker Heights building where his wife Mary, 83, undergoes kidney dialysis. "Don't they have a heart?"

Just as Iannicelli double-parked near the center to escort his frail wife to the car, a traffic enforcement agent rolled up and wrote a summons.

The couple appealed the ticket, but Wednesday found out the city's bureaucracy could be just as cold as the heartless traffic agent.

City administrative law Judge Irwin Strum wrote that Iannicelli tried to "justify his conduct by reference to his wife's medical condition. ... While the moral obligation of a husband to an infirm wife is recognized, it is not a legal basis to excuse an individual's obligation to obey the New York Traffic Rules."

One good thing did come out of the Iannicellis' plight. City Councilman Vince Gentile (D-Bay Ridge) will today be joined by New Yorkers who read The News' story and plan to chip in to pay the fine.

"My office was flooded with calls from people, all strangers to the Iannicellis, but nonetheless outraged over how the city was treating an elderly couple trying their best to help each other through life," Gentile said.

Bay Ridge residents fuming over stench

BY MATTHEW LYSIAK
DAILY NEWS WRITER

Tuesday, February 5th 2008, 4:00 AM

The city emptied its sock drawer and now the whole neighborhood stinks.

Bay Ridge residents - coping with a stomach-churning smell wafting from the site of a former sewer pipe project - are telling the city to take out its dirty laundry.

The stink has been hovering over a stretch of Fort Hamilton Parkway between Marine Ave. and 99th St.

The city responded by tossing nylon socks filled with pine-scented deodorizer into the catch basin.

But outraged locals said the scent of raw sewage is now worse than ever.

"The city's smelly socks obviously aren't working, and that situation is now beyond the point of unbearable," said Kadmel Choutie, 67, whose Fort Hamilton Parkway house sits directly in front of one of the wafting grates. "Our entire block is repulsed and everyone wants to know what is taking so long."

The odor first cropped up in the summer of 2006, after the completion of a $6.9 million city project to combine the underground sewer lines there, residents say.

A Daily News story spurred the city to toss a few more socks into the sewage, much to the chagrin of local officials.

"Whatever they are doing down there isn't working," said Community Board 10 District Manager Josephine Beckmann. "These people have waited long enough. I mean that smell is just gag-inducing."

Residents are nauseated - and confused.

"I can't figure out what the city is doing over here," said Patrick Walsh, 80, who has lived on the odorous street for 40 years. "They keep telling us that the smell is going to be getting better, but then it just keeps getting worse."

Department of Environmental Protection spokesman Michael Saucier said the socks, which come in pine, cinnamon, vanilla and orange scents, were never intended to be a permanent fix, but just a stopgap until the agency can get to the root of the stench.

"I understand that this is a strong smell and I wish I had answers," said Saucier. "No one thinks the socks are the solution. They are just a temporary fix until we find the source of this odor."

Finding the source of a stench is always a matter of trial and error and the department is doing everything it can to sniff it out, according to Saucier.

"It is unusual that this much time has passed without us finding the source," he said.

"Believe me that we sympathize with these residents and are doing everything in our power to take care of this situation."

Jason Wilde, 30, who bought his condo a year before the stench arrived, said the odor has given him a case of buyer's remorse.

"I'm embarrassed to have people over to my house because they think I live in a sewer," said Wilde.

Station paint jobs on track for spring

BY MATTHEW LYSIAK and PETE DONOHUE
DAILY NEWS WRITERS

Though it's not on NYC Transit's schedule for paint job, 14th St. stop on 1,2,3 line certainly could use one.
A stalled program to give subway stations across the city fresh coats of paint will be launched this spring, the Daily News has learned.

The $50 million stations painting program will begin in April with six stations getting brushwork, officials said. Another five stations will be spruced up later in the year, NYC Transit spokesman Charles Seaton said.

"It's vital from our customers' point of view that we make our stations as attractive as we possibly can," Seaton said. "A well-done paint job goes a long way towards accomplishing that goal."

The News recently reported that NYC Transit's policy for the most part was to not paint a station until it had a total overhaul.

Only a limited number of stations are subject to major rehabilitation annually because of budget constraints, officials have said.

Top transit officials in 2006 announced plans for a decade-long program, initially funded with $50 million in surplus money, to paint every station in the system. That would equal about 46 stations a year, including some being done as part of larger station rehabilitation projects.

Seaton said that schedule has gone "out the window" because the paint jobs are more involved and costly than planners of the program estimated.

The early estimates didn't fully calculate such problems as the extra requirements of removing and disposing of lead paint, Seaton said.

NYC Transit will paint about 12 stations a year under the new program. An additional six or so will get the work each year after total overhauls.

"This station needs new paint," agreed Andrew Snyder, 32, a food co-op manager transferring at the Utica Ave., Brooklyn, station on the A and C lines Monday.

The Utica Ave. station is in the second batch of stations getting painted this year.

Eric Hause, 30, of Bushwick, said "paint would be nice" but he had a higher priority for the Utica Ave. stop. "Getting rid of the urine smell would be even better."

Stations scheduled for painting beginning in April are 77th St. (R line), Brooklyn; Grand Army Plaza (2,3), Brooklyn; Canal St. (J,M,Z), Manhattan; Spring St. (C,E), Manhattan; 135th St. (A,C), Manhattan, and 163rd St. (A,C) Manhattan.

Wind knocks construction worker off 13th-story Brooklyn scaffold

BY MATT LYSIAK and DAVE GOLDINER
DAILY NEWS WRITERS

Thursday, January 31st 2008, 4:00 AM

Apowerful wind gustsent a Brooklyn scaffold worker plunging 13 stories to his death Wednesday, authorities said.

Jose Palacios, 43, a big-hearted father who sent money to his wife and daughter in Mexico, was installing stucco at the top of a Clinton Ave. building when the wind knocked over his scaffold. He fell 130 feet to the ground below, witnesses said.

"He was just a screaming blur," said laborer Ben Tee, 49, who was working a few floors down. "To pick a man up and throw him that far is unbelievable."

Another worker escaped with minor injuries when he fell to a landing one floor below just after 10 a.m. A third laborer cheated death when he managed to grab onto a roof bulkhead.

Ricardo Uribe was working on the seventh floor when he heard a "big whoosh" and a crash below. He rushed to help Palacios but found him motionless.

"This is a just a huge tragedy," said Uribe, 35. "That wind was like a whirlwind."

Forecasters said winds gusted up to 39 mphWednesday morning as a winter storm moved north of the city. Buildings Department officials said they issue warning advisories to contractors when forecasters warn of winds over 30 mph.

"This huge gust just tipped the scaffolding right over," said FDNY Chief Joe Woznic.

Buildings Department spokeswoman Kate Lindquist said investigators were looking into whether the scaffold - a type that is installed on the rooftop, instead of suspended from the side of the building - was adequately secured.

Inspectors issued a stop-work order at the site. A condo complex with a glass facade is being built on the property.

Palacios' relatives remembered him as a good father who sent money home every week to his wife, Virginia.

He lived with his niece and doted on her children, and loved chatting on the computer with his teenage daughter, Veronica. "He was very sweet," said Jasmine Solis, 28, Palacios' niece.

Palacios had been working construction jobs in New York for about three years. He planned to move back to Mexico at the end of the year. His body will be sent home for burial, his loved ones said.

The fatal accident was the city's second death plunge in the past two weeks. A worker died Jan. 14 when a floor collapsed at Donald Trump's 42story tower in SoHo.

Amid calls for better safeguards, the city plans to release new construction guidelines next week. At least 43 people died while working construction in the city in 2006, the deadliest year in at least a decade, the most recent federal statistics show. The toll was up 87% from 2005, when 23 people died.

Bay Ridge vets battle Health Dept.

BY MATTHEW LYSIAK
DAILY NEWS WRITER

Wednesday, January 30th 2008, 4:00 AM

They survived World War II and Korea, but now a group of veterans are making a stand against another formidable foe - the Health Department.

Battle lines have been drawn between a Veterans of Foreign Wars post in Bay Ridge, and Health Department agents who the soldiers say are trigger happy when it comes to citations.

"I faced some frightening fascists in my time, but I've never seen anything like this," said Angel Rios, a 79-year-old Korean War vet and post commander. "We served our country with honor - and now this city is spitting in our faces."

The call to arms came after the agency issued more than $4,000 in tickets and forced the vets to expel their beloved feline mascot, Baby, in a series of violations issued over the last 11 months that ranged from not displaying a "smoking permitted" sign to not having a Food Protection Certificate.

The post paid the fines, and members even attended a series of classes to gain certification on proper food handling, but they now say they want the Health Department off their backs and out of their club - permanently.

"They are coming into our home and telling us that ice is a food and that our little kitten is a hazard," said Rios. "Do they go into kitchens and ask people if they know how to use the automatic ice makers on their refrigerators?"

The veterans argued that they did not need the certificate because the 300-member post doesn't have a kitchen and only operates the ice machine for its bar, but the city remained adamant that ice is a food.

"While the establishment may not serve food to the public from a kitchen, ice does constitute food under the health code, because it is something that someone consumes," said Department of Environmental Protection spokesperson Sara Markt. "Ice machines have been implicated in foodborne-illness outbreaks elsewhere in the country."

The agency also cited other concerns involved in serving drinks, such as sanitizing glasses, but added that some of the smoking violations were "in the process of being withdrawn."

The news came as little consolation to the vets.

"We are a fraternal organization of dues-paying members and shouldn't be subject to any of these inspections," said Rios. "We earned the right to be left alone and we have the battle scars to prove it."

Rios said he wants to cooperate with the city, but is just looking for a little recognition.

"Little do they know that there wouldn't be a Department of Health without these brave men who fought for this country," he said.

Bay Ridge rage as cell phone towers rise near school

BY MATTHEW LYSIAK
DAILY NEWS WRITER

Call it reading, writing and radiation.

Parents at Public School 185 in Bay Ridge are outraged that six cell phone towers were erected directly across the street from the school over a recent weekend.

"I'm scared of what we don't know," said Elizabeth Juliano, whose 5-year-old son attends the school. "Without evidence either way, we should err on the side of caution. This is just stupid."

Calls from concerned parents flooded the local community board only hours after the towers were erected.

"They installed them when no one was around in hopes of falling under the radar," said Community Board 10 District Manager Josephine Beckmann of the towers, which appeared on the rooftops at 8701 Ridge Blvd. "Within hours, my phone was ringing off the hook with angry parents afraid that radiation . . . was going to give their kids cancer."

Scientists have said health risks from cell phone towers are slight because of low radiation levels - but that hasn't stopped people from being wary.

This most recent uprising could radiate throughout the five boroughs as state Sen. Marty Golden (R-Bay Ridge) may push legislation that would ban tower installation within 500 feet of schools.

"I strongly denounce the installation of a cell phone tower directly across from PS 185 and am reviewing my options legislatively," Golden said.

Golden first introduced the legislation almost two years ago, after parents of St. Anselm's School fought the construction of a Sprint/Nextel tower to be placed atop a nearby building at 8300 Fourth Ave. St.

Anselm parents also didn't know the tower was coming until a crane showed up late one night.

The legislation failed but the accompanying public relations were successful in halting the construction. Golden said the new towers across from PS 185 - two of which are pointed directly at classrooms - may be the final straw.

But the science on cell towers shows that signals emitted are no more likely to cause cancer than a television set. That's because the type of radiation emitted from the towers, which is more like radio waves than X-rays, is harmless, said Verizon spokesman David Samberg.

"[The cell phone industry] has been around for over 20 years, and no one has ever found that these signals can hurt people," Samberg said. "As for notification, we work transparently with the building owner, and if they request that we speak to the community, we do so gladly."

Fatal hit-run suspect delivered to cops

BY MATTHEW LYSIAK, KERRY BURKE and MICHAEL WHITE
DAILY NEWS WRITERS

Saturday, December 29th 2007, 4:00 AM

Four witnesses to a deadly hit-and-run crash in Brooklyn chased the cowardly driver for a block - then hauled him back to the scene in a cab, police said Friday.

Witnesses watched helplessly as the driver mowed down Francisco Guerrero, 73, while making an illegal U-turn at 52nd St. and Fourth Ave. in Sunset Park, cops said.

Lawrence Meyers, 38, who was dressed in a black suit and driving a blue minivan, attempted to flee the 3:30 p.m. crash, police said.

As he sped off, Meyers, who lived nearby, sideswiped a van driven by Chris Blake, 41, who began chasing the minivan. A gutsy city bus driver also helped, using the bus to corner the escaping minivan.

"[The bus driver] boxed him in from the front and I got him boxed in from behind," said Blake, of Bay Ridge. "He jumped out and tried to run. We grabbed him and held him. He slipped out of his jacket and two other guys grabbed him.

"I was glad we got the bastard. He killed a guy. He was meant to get caught. He deserves to go to jail."

The two good Samaritans piled into a cab with Meyers and returned to the scene, where cops arrested him.

Witness Efrain Santos, 26, who works with one of the brave men at Nuevo Estillo barbershop, said everyone in the shop was watching the drama unfold. "The taxi pulled out front. They put the cuffs on him and he looked real nervous," Santos said.

Early this morning, as he was led out of a police precinct, Meyers told reporters, "It was an accident. It was just an accident."

The victim, who lived nearby, died at Lutheran Medical Center, officials said.

"He's a nice guy. I can't believe that happened to him," said Daniel Feliciano, who owns a beer distributor company where Guerrero often redeemed empty cans and bottles.

Friday, January 18, 2008

Nathan's being sued over 'Not Dogs'

BY MATTHEW LYSIAK and ADAM NICHOLS
DAILY NEWS STAFF WRITERs

Nathan's may be famous, but an upstate firm says it's top dog when it comes to "Not Dogs."

Rochester-based Northern Soy is suing the New York institution for selling rolls filled with clams, lobster, chicken or steak and calling them "Not Dogs."

Northern Soy's tofu-frankfurters have been marketed as Not Dogs for years - and it owns the name.

"We have been making Not Dogs for a very long time and our product is known as an excellent-tasting, healthy dog," Northern Soy Vice President Andrew Schecter said Tuesday.

"Our Not Dogs look like a hot dog, get put in a bun like a hot dog and get topped off like a hot dog, but they are Not Dogs.

"There is a huge difference between our Not Dog and the Nathan's 'Not Dog.'"

Nathan's frank alternatives are served in a hot dog bun, but they are more like sandwiches and come with lettuce and tomato.

Northern Soy, which trademarked the Not Dog logo in 1987, sued the downstate behemoth this month after a customer tipped the company that Nathan's was using the same name.

"Our customers were led to believe that we endorsed [Nathan's] product, which isn't the case," said Northern Soy's attorney, Stephen Salai.

A manager at a ­Nathan's restaurant on 86th St. in Bath Beach, Brooklyn, said Tuesday he'd been told to stop ­serving the rolls.

"I had to take it off the menu until they came up with a new name," he said.

Nathan's president, Wayne Norbitz, said only, "We've been making hot dogs for 92 years.

"We are confident it will be resolved."

Bay Ridge church to be torn down

BY MATTHEW LYSIAK
DAILY NEWS WRITER

Wednesday, January 16th 2008, 4:00 AM

Congregants of a 108-year-old Bay Ridge church are asking the public to help tear it down - literally.

The clock is now ticking on the landmarked Bay Ridge United Methodist Church, which is slated to be razed and replaced with a smaller church and a big apartment building in the next four months, church officials said.

"We should have the church demolished by May," said the Rev. Robert Emerick."We are going to take this crumbling building, which has become a financial albatross, and use the resources to continue our mission to work for God."

For residents looking to preserve a piece of the Green Church, the Rev. has a message: Step right up and grab a hunk.

"Everyone is welcome to come here and pull a chunk of rock off the church to save as a memento," said Emerick. "Come over and take as much as you want. The stones are literally crumbling right off."

The pending demolition comes despite a push by area preservationists to save the beloved structure, pitting them against church congregants.

"No one in this community wants to see this church demolished, except the congregants," said Bay Ridge preservationist Victoria Hofmo. "Another piece of our past is going to be demolished, and when it happens this community is going to be absolutely devastated."

The apartment building will include at least 50 units, said Abeco Management Corp. developer Abe Betesh.

"We are not going to build $900,000 luxury condos," said Betesh, who is in contract to buy the property and expects the building to be completed within two years of the demolition. "These will be affordable...with a lot of recreation room."

The old, 650-seat church may be coming down, but the new 150-seat "green church" will at least be preserving the trademark nickname it earned for its distinct green limestone facade.

"We are going to do everything in our power to reduce our dependency on oil in our new church," said Emerick. "This church will be truly green."

Church officials aren't releasing the amount of the sale, but did say it was under the $12 million asking price.

The money will be put into a trust with the accrued interest going towards charity organizations committed to helping the needy, said Emerick, who is expecting the sale to be approved this week. New York requires court approval for the sale of nonprofit properties.

Fear over Gravesend waste station plan

BY MATTHEW LYSIAK
DAILY NEWS WRITER

Tuesday, January 15th 2008, 4:00 AM

Assemblyman William Colton calls plans for a waste station in Gravesend 'unthinkable.'
A proposed waste-transfer station in Gravesend is dredging up bad memories from the past - and maybe a whole lot more.

"Putting a waste station at this site would dredge up 30 years of toxins to the surface," said Assemblyman William Colton (D-Bensonhurst). "To take such a blatantly hazardous path is unthinkable."

Many residents agree that it is a bad idea to stir up the mud.

"This is going to screw up my fishing," said James Carbonarow, 65, a war veteran and life-long Gravesend resident. "That spot was spewing out all kinds of awful gook."

But the Sanitation Department, which would operate the new facility, has said the construction would be safe and that any impact from dredging up the dirt would be immediately handled before it could be released into the community.

Like many things Brooklyn, this one is all about location.

To construct the marine transfer station, which would be on Shore Parkway at the foot of 26th Ave., Gravesend Bay would have to be dredged to permit bigger barges. Such dredging would release lead, PCBs, mercury, toxic ash and other contaminants into the water, spoiling boating and fishing in the bay and creating a health risk, Colton charged.

That's because it's also the same site as the former Southwest Brooklyn incinerator, which operated at the spot for more than 30 years.

The incinerator's debris has been blamed for everything from cancer to asthma, allegedly caused by the numerous pollutants still deep within the mud, according to Colton.

"It's only common sense to say that this could be a disaster," said Michael Picarello, who has owned La Casa Bella pizzeria, which is two blocks away from the site, for 14 years. "I am worried that the smells could cause people to move out and hurt my business."

But the proposed waste station, which is one of several included in Mayor Bloomberg's waste-management plan, was approved by the City Council - and Sanitation Department officials said the site has already passed all the environmental tests.

"The Department has conducted a thorough environmental review of the proposed facility and found that there are no significant impacts that cannot be mitigated," said Sanitation Department spokesman Matthew Lipani.

For one life-long resident, it was a practical matter.

"We live in a city and unfortunately people make a lot of garbage," said Gravesend resident Louis Santa, 71.

"It has to go somewhere."

Fear over Gravesend waste station plan

BY MATTHEW LYSIAK
DAILY NEWS WRITER

Tuesday, January 15th 2008, 4:00 AM

Assemblyman William Colton calls plans for a waste station in Gravesend 'unthinkable.'
A proposed waste-transfer station in Gravesend is dredging up bad memories from the past - and maybe a whole lot more.

"Putting a waste station at this site would dredge up 30 years of toxins to the surface," said Assemblyman William Colton (D-Bensonhurst). "To take such a blatantly hazardous path is unthinkable."

Many residents agree that it is a bad idea to stir up the mud.

"This is going to screw up my fishing," said James Carbonarow, 65, a war veteran and life-long Gravesend resident. "That spot was spewing out all kinds of awful gook."

But the Sanitation Department, which would operate the new facility, has said the construction would be safe and that any impact from dredging up the dirt would be immediately handled before it could be released into the community.

Like many things Brooklyn, this one is all about location.

To construct the marine transfer station, which would be on Shore Parkway at the foot of 26th Ave., Gravesend Bay would have to be dredged to permit bigger barges. Such dredging would release lead, PCBs, mercury, toxic ash and other contaminants into the water, spoiling boating and fishing in the bay and creating a health risk, Colton charged.

That's because it's also the same site as the former Southwest Brooklyn incinerator, which operated at the spot for more than 30 years.

The incinerator's debris has been blamed for everything from cancer to asthma, allegedly caused by the numerous pollutants still deep within the mud, according to Colton.

"It's only common sense to say that this could be a disaster," said Michael Picarello, who has owned La Casa Bella pizzeria, which is two blocks away from the site, for 14 years. "I am worried that the smells could cause people to move out and hurt my business."

But the proposed waste station, which is one of several included in Mayor Bloomberg's waste-management plan, was approved by the City Council - and Sanitation Department officials said the site has already passed all the environmental tests.

"The Department has conducted a thorough environmental review of the proposed facility and found that there are no significant impacts that cannot be mitigated," said Sanitation Department spokesman Matthew Lipani.

For one life-long resident, it was a practical matter.

"We live in a city and unfortunately people make a lot of garbage," said Gravesend resident Louis Santa, 71.

"It has to go somewhere."

Stabbing victim's mother says my son was a good Samaritan

BY MATTHEW LYSIAK AND TINA MOORE
DAILY NEWS WRITERS

Monday, January 14th 2008, 7:05 PM

Dyanne Byas, mother of Floronza Byas, who was stabbed to death in a subway mugging, said her son was trying to come to conductor's aid as she's comforted by her other son, Jiovanni.
The mother of a man stabbed to death in Harlem while apparently helping a mugging victim wants the world to know her son was a good Samaritan who always tried to help others.

"I'm here today because I wanted people to know the real side," Dyanne Byas said Monday in Brooklyn. "He was a man who was living the American dream and he was helping people in need. I'm not angry."

Her 28-year-old son, Flonarza Byas, was killed in the melee that ensued when three men attacked Maurice Parks, 39, as he headed home from his job as a subway conductor just before midnight Thursday.

"He saw a person in need and went to help," Byas said. "I have no bad feelings toward Parks. In such a frenzy, we do things."

She traveled to the city from upstate to deliver the message because of press reports suggesting her son might have been involved in the attack on Parks.

"That's not in his character," she said. "That's not how I raised him and I knew that was wrong," she said.

Cops said 15-year-old and two men attacked Parks from behind as he walked near 139th St. and St. Nicholas Ave., hitting him on the side of the head with an unknown object. Parks was knocked to the ground and the attackers, at least one of whom had a knife, tried to snatch his bag.

Parks, a martial arts expert, pulled out his knife and fought back. Cops believe he might have accidentally killed Byas, mistaking him for an assailant.

The Manhattan district attorney's office has not said if Parks would be charged. A medical examiner's report is pending.

The 15-year-old attacker and 21-year-old Hector Cruz, who was stabbed in the stomach, were arrested and charged. A third man, 18-year-old Edwin Bonilla, of W. 141st St., was arraigned on robbery and other charges this morning, officials said.

Parks, who is recovering from stab wounds at Harlem Hospital, took the NYPD exam four times and was disqualified. Cops wouldn't say why. The most recent year was 1994, the same year he shot and wounded a mugger in Queens.

Meter maid writes 'em a cruel ticket

By MATTHEW LYSIAK and TRACY CONNOR
DAILY NEWS WRITERS

Thursday, January 10th 2008, 4:00 AM

Eugene Iannicelli, 84, got a ticket when he helped his wife, Mary, from their car outside a dialysis center in Brooklyn.
When 84-year-old Eugene Iannicelli double-parked in front of a dialysis clinic so he could escort his blind, frail wife to the car, he expected a little understanding.

Instead, he got a $115 ticket.

The Brooklyn traffic agent who spotted the elderly couple couldn't summon up a shred of compassion for their plight.

Now the retired postman is fighting to get the ticket dismissed - and wondering how anyone could be so heartless.

"My wife is legally blind, can't walk, and is totally disabled," Iannicelli told the Daily News.

"For this meter maid to stand there and write me a ticket as I help her into the car - I call that cruel," said Iannicelli, who lives in Dyker Heights.

Iannicelli has a handicapped parking placard for his '92 Chevy, but when he got to the Dyker Heights Dialysis Center on Dec. 19, there were no open spots on 86th St.

"What was I supposed to do?" he asked yesterday. "There were no empty spaces and if she doesn't get this treatment she could die."

Plus, he was only going to be double-parked for a few minutes - the time it would take him to go inside and help his 83-year-old wife, Mary, a few feet across the sidewalk.

He was opening the car door when the traffic enforcement agent pulled up and began writing the ticket - continuing even after Iannicelli explained the extenuating circumstances.

He was hoping for some sympathy, but all he got was bureaucratic indifference.

"I asked her how she could be so thoughtless and she just smiled and told me there is no double parking," he said.

His wife, who undergoes the lifesaving but grueling dialysis treatments for her failing kidneys three times a week, was just as appalled.

"I am angry. How can anyone be so heartless?" she wondered. "This is a lot of money and all we are asking for is a little consideration."

NYPD officials said when the agent began writing the ticket, she did not see Iannicelli or his wife - and once a summons is written, it can't be torn up by the agent.

The police also said the Chevy could have pulled into the clinic driveway - but Iannicelli said it's actually an ambulette bay and it was occupied at the time.

The couple is pleading not guilty to the ticket and will make their case at a hearing if it's not dismissed by mail.

They've already got City Councilman Vincent Gentile (D-Bay Ridge) on their side.

"This is yet another example of the city's insatiable appetite for revenue," Gentile told The News.

"Mr. Iannicelli was merely assisting his disabled legally blind wife ... when the traffic enforcement agent, totally devoid of discretion and compassion, drove up and slapped a $115 ticket on Mr. Iannicelli's vehicle.

"When is enough, enough?" the pol asked. "When is our city going to realize that we must treat residents like partners, not targets?"

tconnor@nydailynews.com

With Alison Gendar

Bay Ridge rage as cell phone towers rise near school

BY MATTHEW LYSIAK
DAILY NEWS WRITER

Thursday, January 10th 2008, 4:00 AM

Call it reading, writing and radiation.

Parents at Public School 185 in Bay Ridge are outraged that six cell phone towers were erected directly across the street from the school over a recent weekend.

"I'm scared of what we don't know," said Elizabeth Juliano, whose 5-year-old son attends the school. "Without evidence either way, we should err on the side of caution. This is just stupid."

Calls from concerned parents flooded the local community board only hours after the towers were erected.

"They installed them when no one was around in hopes of falling under the radar," said Community Board 10 District Manager Josephine Beckmann of the towers, which appeared on the rooftops at 8701 Ridge Blvd. "Within hours, my phone was ringing off the hook with angry parents afraid that radiation . . . was going to give their kids cancer."

Scientists have said health risks from cell phone towers are slight because of low radiation levels - but that hasn't stopped people from being wary.

This most recent uprising could radiate throughout the five boroughs as state Sen. Marty Golden (R-Bay Ridge) may push legislation that would ban tower installation within 500 feet of schools.

"I strongly denounce the installation of a cell phone tower directly across from PS 185 and am reviewing my options legislatively," Golden said.

Golden first introduced the legislation almost two years ago, after parents of St. Anselm's School fought the construction of a Sprint/Nextel tower to be placed atop a nearby building at 8300 Fourth Ave. St.

Anselm parents also didn't know the tower was coming until a crane showed up late one night.

The legislation failed but the accompanying public relations were successful in halting the construction. Golden said the new towers across from PS 185 - two of which are pointed directly at classrooms - may be the final straw.

But the science on cell towers shows that signals emitted are no more likely to cause cancer than a television set. That's because the type of radiation emitted from the towers, which is more like radio waves than X-rays, is harmless, said Verizon spokesman David Samberg.

"[The cell phone industry] has been around for over 20 years, and no one has ever found that these signals can hurt people," Samberg said. "As for notification, we work transparently with the building owner, and if they request that we speak to the community, we do so gladly."

Illegal milk trade ring in Bay Ridge

BY MATTHEW LYSIAK
DAILY NEWS WRITER

Tuesday, January 8th 2008, 4:00 AM

The final deal goes down in a Bay Ridge apartment.

That's where the product can be scored, but the elaborate web weaves through the city.

"I know it's illegal, but that doesn't mean it's wrong," said one Brooklyn mom, one of 20 from the borough who pick the stuff up at the Bay Ridge pad.

The women aren't dealing narcotics, but illegal unpasteurized milk, and they have been organizing into groups that skirt federal law to get the goods.

"There are risks, but it's much safer than pasteurized milk," said another mom who regularly feeds her 2-year-old with milk straight from the udder.

Though it's against the law, more city mothers are signing on to a Web site that reveals dropoff points around the city where the raw milk can be picked up.

"I think people's fear and uncertainty in a time when everyone seems to be getting cancer, immune diseases and a variety of other ailments explains the quest for more natural products," said Maimonides Medical Center pediatrician Dr. Joanna Tsopelas.

The parents must first circumvent the law, because while possession of raw milk is legal, selling it is a crime.

Though it's also a violation of federal law to transport raw milk across state lines with the intent to sell it for human consumption, advocates claim the health benefits far outweigh the risks.

To get around the law, no money changes hands. It must all be done online - and only after the purchaser signs a form releasing the seller of all liability. After paying online, the specific milk pickup spots and times are revealed in Bay Ridge and five additional locations - in Williamsburg, in Queens, in the west 40s in Manhattan, in midtown/Flatiron and in Tribeca - where a milk truck waits.

Before it hits the street, the deal goes down first in cyberspace at www.wprice-nyc.org.

But drinker beware: An FDA report on illnesses caused by raw milk over the past five years says there have been 18 outbreaks of bacterial illness involving raw milk or raw milk cheeses in 15 states.

Those outbreaks have sickened 451 people, a few of those seriously enough to be hospitalized. The report lists diseases raw milk products can cause, such as tuberculosis, diphtheria, polio, strep throat, scarlet fever and typhoid fever.

"Although I am a huge believer in organic foods, I think we need to be careful where we draw a line," said Tsopelas, who added the diseases "can be potentially dangerous to individuals as well as unborn fetuses. ... Granted, all who drink raw milk won't get ill. But would you want yourself or your child to be the one?"

Marrow drive for young cancer patient

BY MATTHEW LYSIAK
DAILY NEWS WRITER

Thursday, January 3rd 2008, 4:00 AM

Little Rachel Rodin is hoping for a new year miracle.

The 7-year-old Public School 185 student was recently diagnosed with a recurrence of leukemia after a two-year remission, and now her family is calling on kindhearted Brooklynites to help find a matching donor for an urgently needed bone-marrow transplant.

"Our hope is that there is someone, anyone, out there who can help my daughter," said Rachel's mom, Elvira, 43. "So far we can't find a match, and the situation is getting very serious."

The bone-marrow transplant is vitally important because it is part of her treatment in combination with chemotherapy, which her doctors hope will rid her body of the cancer in her blood and bones once and for all.

To avoid rejection of the transplanted stem cells or severe graft-versus-host disease, the donor's marrow must match the recipient's, which can be like finding a needle in a haystack. That is why the family is now calling on the community in numbers.

The test is simple and requires only a swab from the inside of the cheek.

The donor drive is being held Jan. 19 at the Sheridan Council Knights of Columbus, 8417 Seventh Ave., Bay Ridge, from 9 a.m. to 1 p.m. to find a marrow donor and matches for the frequent blood and platelets Rachel requires. Marathon Bank has agreed to pay the $25-per-test cost.

The family, which emigrated from Belarus to Bay Ridge in 1991, says it is humbled by the show of neighborly generosity in Brooklyn.

"Its amazing how much love and compassion people have shown towards her," said Elvira Rodin. "People from all around have been testing to see if they are a possible match."

June Johnson, cochairwoman of the American Cancer Society's Relay for Life for Bay Ridge/Bensonhurst/Dyker Heights, described Rachel as a "cute, bright, little sweetheart."

"It's all about numbers, and 99% of the people who test won't match," said Johnson, who already gave platelets. "But if you do match, you realize that you are the one person in this world who can save Rachel's life."

Rachel is a patient at Memorial Sloan-Kettering Cancer Center in Manhattan. For more information on how to help Rachel, contact Marion Novack at (212) 639-8177.

Queens shooting victim's brother admits being the target

BY MATTHEW LYSIAK and MICHAEL WHITE
DAILY NEWS STAFF WRITERS

Monday, December 31st 2007, 12:54 PM

The older brother of an 11-year-old Queens boy shot point-blank in the door of the family's house admitted Monday he was the target - but denied knowing who was gunning for him.

"Someone wants me dead," 16-year-old Tony Falconer Jr. said.

"I don't know why. I think this is related to what happened three weeks ago. Try(ing) to send a message."

Authorities said Falconer was involved in a dispute three weeks ago in which someone was shot.

"Three weeks ago was over a girl," he said. "My cousin was shot in the eye."

He said he was scared and upset that his little brother, Tyshon, was attacked last night, but insisted, "It wasn't my fault that he got shot."

The gunman knocked on the door and at first asked for Tony Falconer Jr., before pumping a bullet into Tyshon's chest.

"He went to ... answer the door," said the boys' father, Tony Falconer Sr. "He thought it was his brother. He told his mom he's sorry he opened door."

Falconer Sr. said Monday that Tyshon, his mouth spilling blood, bravely managed to walk up the stairs before falling into his father's arms.

"Daddy, I think I got shot," Tyshon told his dad as they converged on the staircase after the shooting at the family's Springfield Gardens home.

"I met him halfway up the stairs. There was blood coming out of his mouth," Tony Falconer Sr. said. "I took off his shirt. I saw the hole in the middle of his chest.

"I would say [the shooter] is a coward. Pick on your own size."

Tyshon is listed in stable condition at Long Island Jewish Medical Center. No arrests have been made, cops said.

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