Bethpage-Tribune_1984-12-13

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B C T H P A G C L I B R A RY
4 7 P O W E L L AVE
B C T H P A G C NY II7I4
Island Trees Plainedge
also serving
Seaford OldBethpage Plainview
VOL. 19 NO. 37 Week of Dec. 13 - Dec. 19,1984 20 cents per copy
Nassau County
Can Sue MTA
, Citing "direct, immediate pecuniary injury") to Nassau
County, the New York State Supreme Court in Albany
County has ruled that Nassau has a legal right to sue New
York State to recover state aid which the county claims has
been illegally cut off by the Metropolitan Transportation
Authority.
County Comptroller Peter T. King, who is a plaintiff in
the suit, hailed the ruling by Justice George L. Cobb as a
"significant first step on the road to ultimate victory over the
bureaucrats of the MTA."
The suit was commenced by King and County Executive
Francis Purcell in November 1983, after the MTA had
Cjaused the State to cut off $1.2 million in state per capita aid
fortlie sick and needy in Nassau County. The MTA ordered
the aid cut off when the County, based upon the findings of
Kipg$'s audii, withheld $1.2 million in improper MTA bil­lings
for L.J.R.R. station maintenance. Rather than nego­tiate
with the County or take the matter to Court to have the
matter decided on its^merits, the MTA invoked Sec. 1277
Public Authorities Law and ordered the State Comptroller
^ to cut off the state per CapUa aid. K, and Purcell ^ued the
State charging tlVa'tfhe'MTA's^^^ improper a'hd Sec.
1277 unconstitutional. The MTA argued that the County
had no right to sue and made a motion to dismiss the
County's case.
Iri hisruling. Justice Cobb rejected the MTA's argument
and held:
"(Nassau) seeks a determination 1 hat the county is entitled
to its appropriation for per capita local assistance. Where
there is a specific fund with title in the county, or an entitle­ment
to a fund, an action may be maintained ... Further­more,
where there is directly immediate pecuniary injury
there is standing to sue ... ,
This auction involves a;claim of entitlement to a specific
fund and it appears that there is direct,jmmediate pecuniary
injurycaused by withholding approximately 1.2 million dol­lars
... Accordingly, it is determined that the plaintiffs have
standing to sue. The motion to dismiss shall therefore be
denied."
King stated that he was "gratified that the Court recog­nized
the pecuniary damage which the County has suffered
and that the County will finally be able to have its rightful
day in Court."
King noted that the MTA has also directed the State
Comptroller to withold $2,018,887 in 1984 state per capita
aid to Nassau. "When and if that state aid is cut off," King
stated, "the County will immediately start another lawsuit
against the MTA."
M ichael Charton is the Deputy County Attorney assigned
to this case.
f?WMJ Refunds For
Illegal Heaters
Attorney General Robert Abrams today (Sunday)
announced that the Sands Salvage Corp., a Long Island
retailer that sells appliances and electronics, has agreed to
refund the full purchase price of kerosene heaters it sold to
consumers without informing them that the heaters are not
approved for residential or commercial use.
Consumers who purchased the Noble King heater will be
required to present a sales slip or to certify in writing that
they purchased their heater from Sands. According to the
Attorney General the.companys old more than 4,000 such
heaters.
According to Mr. Abrams, the most recent figures com­piled
by the federal Consumer Product Safety Commission,
show that in 1982, approximately 1,700 fires involving 50
deaths and 3S0 injuries were caused by kerosene heaters.
According to preliminary esfimates by the CPSC, thosfe
figures have increased for 1983. Fires caused by kerosene
heaters are more likely toresult in injuries than fires caused
by other types of heaters because of the use of liquid fuel.
- Under the terms of its agreement with the Attorney Gen-eraU
the canipany must place at least six advertisejnents in
newspapers iniherhonth of December in which the follow­ing
statement must appear: "Urgent safety information. If
you purchased a Noble King Heate from Sands, contact us
jnimediately." •' '\^.
The company will also bfe required to post conspicuous
signs in each of its stores which inform consumers of the
refund policy an alert consumers to the dangers of kerosene
heaters;
Sands has three stores in New York State which are
located at 2100 Route 110 (Broadhollow Road), Farming-dale,
N.Y.: 70 Emjay Boulevard, Brentwood; N.Y.;'and 21
Hammond Road, Centereach, N.Y.
I Do youT Chiistmas
I Shopping in
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Painela Genzardi from Bethpage, New York, a
recent cardiac patient at St. Francis Hospital,
Roslyn, New York is happy to receive her "Brave
Heart" award for having undergone successful
open heart surgery at The Heart Center. Present­ing
the award to Mrs. Genzardi is volunteer Helen
Miller from Manhasset, New York.
Pioneering open heart surgery for children in
the 1950's, St. Francis Hospital today performs
more open heart surgery pn infants, children and
adults than any other hospital in New York State.
The State's only designated cardiac specialty hos­pital,
St. Francis serves: as referral Center for
Long Island's community hospitals.
The Brave Hearts of St. Francis Hospital is a
supportive organization to help those who have
undergone open heart surgery. For further infor­mation
on the Brave Heart organization, please
call (516) 627-5047, 5084.
SetVipage
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