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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