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Glens Falls TODAY: Morning Brief – Episode 71: Indictment Dismissed in Fatal Hit-and-Run | 12/22/22

Today, Gary discusses the dismissal of an indictment in a fatal hit-and-run trial. Also, an arrest has been made in connection with this week’s TD Bank robbery, the Lehigh Cement plant in Glens Falls announces the timeline for its closure next year, and a cat was reunited with its owner recently after five months of being missing.

00:02 – Intro
00:32 – Ad Break 1
01:37 – Story 1: Arrest Made in TD Bank Robbery
03:36 – Story 2: Lehigh Announces Closure Timeline
05:02 – Ad Break 2
05:26 – Story 3: Indictment Dismissed in Fatal Hit-and-Run
08:14 – Story 4: Cat Reunited with Owner
11:36 – Outro

Stories Cited:
Arrest Made in TD Bank Robbery – Post Star
https://poststar.com/news/local/crime-and-courts/arrest-made-in-td-bank-robbery-in-hudson-falls/article_f6523376-815b-11ed-b11e-278796293a59.html

Lehigh Announces Closure Timeline – News 10
https://www.news10.com/news/north-country/lehigh-to-lay-off-glens-falls-employees-in-april/

Indictment Dismissed in Fatal Hit-and-Run – Post Star
https://poststar.com/news/local/crime-and-courts/indictment-tossed-in-fatal-hit-and-run-crash-that-killed-retired-glens-falls-teacher/article_b08a0a38-80a4-11ed-ad03-eb84745073bf.html

Cat Reunited with Owner – Post Star
https://poststar.com/news/local/cat-is-reunited-with-owner-before-christmas/article_f8adbd64-8149-11ed-a4b2-c36a40edd60e.html

“Ghost” Bill A8378 Stirs Vaccination Controversy

Stock Photo

The COVID-19 pandemic has altered our lives in previously unimaginable ways… From the early days of quarantine to today, different variants and strains of the virus continue to mutate and affect people’s lives in different ways. As a society we continue to live with COVID-19; and as the virus mutates and changes, so does our societal and governmental response to it. Assemblyman Jeffery Dinowitz recently put forth a bill in the New York State Assembly to include the COVID-19 vaccination in the mandatory vaccinations needed for schools; however, this bill never reported out of the Health Committee! A bill is assigned to a committee for discussion and analysis; if a majority of members on the committee support it, the bill is reported to the floor. If not, the bill is said to have “died in committee”.

This bill, which has been sponsored by Assemblyman Jeffery Dinowitz and co-sponsored by Assemblyman Phil Steck and Assemblyman Richard Gottfried, has caused opposition, especially on social media – a petition against the bill, which is on Change.org, has been circulating around Facebook for about a year. This petition reads: “New York State Parents Against Bill A8378 Requires Immunization for Kids K-12” and  currently has just under 100,000 signatures; the goal of the petition is 150,000 signatures.  

Since the COVID-19 pandemic began, the Federal Government has declared a public health emergency –  a Public Health Emergency (PHE) was initially declared by the Secretary of the Department of Health and Human Services (HHS) in late January of 2020, pursuant to Section 319 of the Public Health Services Act. A PHE lasts for 90 days, and must be renewed to be continued; the PHE for COVID-19 had been renewed as recently as October of 2022, and is scheduled for the next renewal mid-January 2023.

This proposed bill A8378 would add the COVID-19 vaccination to the list of required vaccinations to attend school. The summary of the bill reads: “Authorizes the commissioner of health to develop and supervise the execution of immunization against COVID-19 for purpose of state aid to schools; requires immunization against COVID-19 for attendance at school”. 

Assemblyman Dinowitz represents the 81st assembly district in the Bronx. His district includes Riverdale, Kingsbridge, Van Cortlandt Village, Kingsbridge Heights, Marble Hill, Norwood, Woodlawn, and Wakefield. Via an email interview, Dinowitz said, “The COVID-19 pandemic has killed nearly 1.1 million people, including more than 77,000 New Yorkers. The vaccine is incredibly effective at reducing the risk of severe effects from a COVID-19 infection, and community immunity has a significant impact on reducing transmission of the virus. Children already have to be vaccinated against viruses like measles, tetanus, polio and many other deadly diseases. My bill would simply add the COVID-19 vaccine to the existing list once it receives full approvals from the CDC and FDA.”

For this bill to go to a full floor vote, it would have to be reported out of the Health Committee and subsequent committees, which has not happened. This is among the many hurdles that this bill faces – the vaccines are currently in use under an emergency use authorization, and need to receive full approval from the CDC and FDA before they would be considered for the bill.

Parents who have signed the petition to stop bill A8378 support the parental right to decide what vaccines are best for their child. The petition says: “The COVID-19 vaccine has not had sufficient study trials for children, nor has it been tested long enough.” Comments in the “Reason for Signing” section of the petition include, “I DO NOT CO PARENT WITH THE GOVERNMENT”, “Our children are not science experiments”, and “My kids my choice…my choice!” 

Assemblyman Matt Simpson of Assembly District 114 – which is Essex County, Warren County and parts of Saratoga, Washington and Fulton Counties – is not in favor of the mandate. He said via phone interview: “I am opposed to mandating the vaccine. I believe that is a parental rights decision.” Simpson is hopeful that we are on the other side of the pandemic, and that a vaccine mandate is not in line with the current status of COVID-19 – he pointed out that this legislation may be from the height of COVID-19, when some “Draconian” measures were being looked at to control the spread of the disease.

The petition has been circulating on Facebook for almost a year, and new signatures are constantly being added to it; within the last hour, two more people have signed the petition, showing an active public concern with the state of the issue.

Currently, the COVID-19 vaccine is still being used in an emergency capacity. The bill has not been reported out of committee, and therefore has “died in committee”; although this bill has been drafted, the State Assembly is not in session, and there are no State Assembly committees currently in session. This parental movement against immunization requirements continues to maintain their dissent of this bill as the petition continues to circulate on Facebook, with concerned parents continuing to sign it… As this issue continues to change and evolve, talking to local representatives is important – both Assemblyman Simpson and Assemblyman Dinowitz were very responsive to questions and inquiries about this issue.

Lake George, Lakefront Terrace Resort Sold for $7.4 Million

Ken McGurk sold the Lakefront Terrace Resort to family members recently for $7.4-million.  The property was put on the market after McGurk completed a multi-year $2-million renovation. McGurk bought the 73-room resort for $3.4-million in 2018. He then moved to Lake George, and ran the Lakefront Terrace for four years. The $2-million investment was used for paint, upgrading patios, and replacing beds, linens and floors throughout the resort. McGurk listed the 1.76-acre resort in September – the resort features a 150-foot private beach, and is located half a mile from Lake George Village. There were multiple offers prior to the sale agreement.

The Lakefront Terrace was purchased by a limited liability company called Tahoe LG, that is controlled by McGurk’s cousins Michael Menter, Chris Menter and Patrick Menter. The transaction closed December 14, 2022 according to the deed filed with Warren County clerk’s office. Glens Falls National Bank financed the mortgage. 

The three Menter brothers grew up in the hospitality industry. The Menter family has long-standing ties to the community: David and Teresa Menter (Michael, Chirs and Patrick’s parents) have restaurant and hotel holdings throughout the Adirondacks; they have owned Scotty’s Lakeside Resort in Lake George, and Country Inn & Suites hotel, which is near the Six Flags Great Escape in Queensbury. 

Other Lake George real estate holdings have stayed within families as well – on November 16, 2022, Dennis Quirk sold his Lake George real estate holdings and businesses to his daughter and son-in-law. The real estate in that deal was sold for $3.53-million, according to the Warren County Clerk’s office.  

Glens Falls TODAY: Morning Brief – Episode 70: TD Bank Robbery | 12/21/22

Today, Gary discusses a robbery at the TD Bank on Main Street in Hudson Falls. Also, a fire burns down the home of Queensbury’s former Town Supervisor, Warren County announces recipients of its new ARPA funding, South Glens Falls High School announces their next Marathon Dance, and the Village of Fort Edward issues a boil water notice for residents of certain streets.

00:02 – Intro
00:39 – Ad Break 1
01:47 – Story 1: Queensbury Fire Burns Home of Former Supervisor
03:44 – Story 2: Warren County ARPA Funding Allocations
05:41 – Ad Break 2
06:05 – Story 3: TD Bank Robbery
07:50 – Story 4: 2023 South High Marathon Dance
09:43 – Story 5: Fort Edward Boil Water Notice
10:22 – Outro

Stories Cited:
Queensbury Fire Burns Home of Former Supervisor – Post Star
https://poststar.com/news/local/queensbury-fire-burns-down-former-supervisors-home/article_3d1944e4-809d-11ed-8be6-674b7511a7fd.html

Warren County ARPA Funding Allocations – News 10
https://www.news10.com/news/north-country/new-arpa-allocations-tackle-housing-suny-parks/

TD Bank Robbery – Post Star
https://poststar.com/news/local/crime-and-courts/td-bank-robbery-suspect-still-at-large/article_17df5a5e-80a4-11ed-a76e-efa0322a1342.html

2023 South High Marathon Dance – News 10
https://www.news10.com/news/north-country/south-high-marathon-dance-returning-home-in-2023/

Fort Edward Boil Water Notice – Post Star
https://poststar.com/news/local/fort-edward-issues-boil-water-notice/article_1968b086-8073-11ed-b8fa-375147f5a7db.html

Common Council Highlights Youth in our Community

Photo Provided: The City of Glens Falls, Adele Squadere

The Glens Falls Common Council meeting last Tuesday (December 13, 2022) was opened by Adele Squadere, a 6th-grade student at Abraham Wing School – Squadere sang the National Anthem to open the meeting.

The City of Glens Falls would like other singers or performers to open the meetings with the National Anthem, or a quick display of cultural dance or music! To participate in this program, reach out to Kate Roos at: ksroosgf@gmail.com

Mayor Bill Collins said, “We all were absolutely delighted with Adele’s performance, and I’m proud to be part of this new program. We have a solid history of promoting the arts in Glens Falls. It is especially important to include the talented young people in a community that has so many gifted artists and musicians. It provides our younger generation with an ability to learn and grow in a public setting while encouraging them to be part of the community. We all felt she added some energy to what typically is a formal setting.” 

Adele is one of the featured performers at the upcoming holiday concert  “Christmas Soul” at Abraham Wing School, on Wednesday, December 21st, 2022.

Saratoga Biochar Solutions Virtual Public Meeting December 19, 2022

Environmental Justice Area Map

On December 19, 2022, Saratoga Biochar Solutions held a virtual public meeting to discuss the proposed facility at the Moreau Industrial Park. CEO Raymond Apy, President Bryce Meeker, hired engineer Andrew Millspaugh, and Chief Operating Officer Lee Wulfekuhle hosted the virtual public meeting. This meeting was the first of several public information meetings to be held as part of the Department of Environmental Conservation’s application requirements. Community members had the opportunity to email their questions, or ask a question via the zoom meeting function, or through the phone; or, add a question to a chat stream. Each community member was given 2 minutes and 30 seconds to speak; however, that time limit was not enforced. Apy and his team went through the community’s questions until just after 8:00 PM on Monday evening. 

More than 100 area residents attended the virtual meeting. When the question and answer period began, the challenges of the virtual meeting format became apparent; the first participant in the public question and answer period was Tom Masso. That call was lost, but he was able to reconnect and successfully ask his question. Gina Laclair could not successfully enable her microphone, and was not able to comment. Apy and The Baker Public Relations team worked to communicate with community members and try to direct community members on how to enable their microphone and camera. 

The Baker Public Relation team, who were on hand to assist with the meeting, could be heard giving direction so that the questions could be asked and concerns from community members addressed. On several occasions, CEO Ray Apy went back to community members who could not successfully connect and tried to reconnect with them and answer their questions. 

Community members voiced their concerns regarding the safety of the facility for their children and grandchildren. Questions were asked regarding the steps to take if community members did have complaints when the facility was opened, as well as truck traffic. After several failed attempts to connect, Therese Gillis – Co-founder of Hands Off Our Hudson (which Gillis clarified is not an environmental group) – was able to participate in the meeting. She spoke for almost 10 minutes, before the meeting ended just after 8:00 PM. Gillis mentioned the PCBs pollution caused by General Electric that the area is still recovering from.

 To view Saratoga Biochar’s 35-page Public Participation Plan, visit SaratogaBiochar.com, click on the menu, and Choose “PPP”.  

Queensbury Girls Varsity Basketball Takes On Glens Falls

Queensbury 47, Glens Falls 24: the Queensbury Girls Varsity Basketball team hosted the Glens Falls Indians on Monday night, with the tip-off at 7:00 PM. The Indians dropped their second game in a row, coming off the recent loss to the Schuylerville Black Horses.

 The Spartans out-scored the Indians in the first quarter, 14 to 6. At halftime, the Spartans had scored 24 points, and the Indians were held to 11 points. The third period was the most competitive for the Indians; they matched the Spartans point for point as each team scored 9 points. The Spartans then pulled away in the fourth quarter, scoring 14 points to the Indians’ 4 points. 

Dyllan Ray led the Spartans with 19 points, followed by Aislynn Dixon who scored 13 points. C.J. Lunt led the Indians with 9 points. 

Next, the Queensbury Spartans (2-3) will face the Bethlehem Central Eagles (5-0) on Tuesday, December 20th, in a non-league away game. On Thursday, December 22nd, the Glens Falls Indians (2-4) will host the South Glens Falls Bulldogs.

Glens Falls TODAY: Morning Brief – Episode 69: Concerns with Fort Edward Solar Project | 12/20/22

Today, Gary discusses local concerns around a solar farm proposed for Fort Edward’s grasslands. Also, local marijuana company Etain is sold to Canadian investors, the ADK Food Hub in Tupper Lake receives USDA grant funding, a new consignment shop opens on South St. in Glens Falls, and the Lake George Association hires a new Development Manager.

00:02 – Intro
00:36 – Ad Break 1
01:37 – Story 1: Etain Sold to Canadian Investors
03:39 – Story 2: ADK Food Hub Receives USDA Grant
05:15 – Ad Break 2
05:37 – Story 3: Proposed Solar Project in Fort Edward Raises Concerns
08:53 – Story 4: Fashion Follies
11:38 – Story 5: LGA Names New Development Manager
13:06 – Outro

Stories Cited:
Etain Sold to Canadian Investors – Post Star
https://poststar.com/news/local/etain-chester-based-marijuana-operation-sold-to-canadian-investors/article_dc5f7d2c-7e20-11ed-9d43-9fbc630236a3.html

ADK Food Hub Receives USDA Grant – Sun Community News
https://suncommunitynews.com/news/100428/adk-food-hub-receives-500k-usda-grant/

Proposed Solar Project in Fort Edward Raises Concerns – Post Star
https://poststar.com/news/local/proposed-solar-project-on-wild-bird-grasslands-in-fort-edward-raises-concerns/article_3cf8b572-7cb4-11ed-ad10-9b356790905f.html

Fashion Follies – News 10
https://www.news10.com/news/north-country/consignment-shop-another-new-fit-in-south-streets-expanding-closet/

LGA Names New Development Manager – Post Star
https://poststar.com/news/local/lga-names-danielle-brown-to-new-role-as-development-manager/article_8dc1c54c-7d73-11ed-a4ce-6f749dfc5049.html

Drinking and driving and the holidays. Let’s hope this doesn’t apply to you…

injury law

Today we are going to talk about what to do if you are hurt in  a car accident involving a driver who was intoxicated or under the influence of drugs. 

While it’s not a topic that you want to think about, with the holidays come increased drinking and driving, and if you find yourself (or a family member) in a car accident caused by a driver who was intoxicated, you may be asking: What do I do now?

There are a couple of things that you need to think about if and when you are involved in an accident involving a drunk driver, or a driver who was under the influence of drugs, including marijuana which is now recreationally legal in New York.

The first thing to do following an accident is make sure that the police are called, so that a police report can be generated which identifies parties involved, witnesses and insurance coverage, and may even help establish fault.   In particular, if a driver is under the influence they will likely be issued tickets, which is important because it can help you establish liability down the road.

Following the accident you or your attorney will want to reach out to the local court or district attorney who is responsible for prosecuting any charges against the other driver, notifying them of the severity of your injuries.  

Why is that important? Because then the prosecutor is less likely to give a quick plea deal to the wrongdoer if the case involves serious injuries.  This may become very important later, because if there is an admission of wrongdoing (i.e. a guilty plea), it will help establish liability against the other driver.  

You’ll next want to be sure that the other driver had insurance, and that the relevant insurance companies are given notice of the potential claim.  This will help you determine the applicable coverage limits on the other driver’s vehicle.  

Once you determine the coverage limits of the other vehicle you may want to notify your own insurance company that you have a potential SUM or UM claim.   As we’ve discussed before, this is a claim that allows you to seek damages from your own insurance company in excess of the other driver’s insurance.

This is important because many times if you are hurt because of a drunk driver you will have sustained very serious injuries.  You may need surgery or significant medical treatment.  You may have a long recovery and miss work.  If the other driver has $25,000 or $50,000 in insurance coverage, it will likely be insufficient to wholly compensate you.

If you have sufficient SUM or UM coverage under your own insurance policy you may be able to make a claim against that coverage for damages beyond the other driver’s policy.  But remember that it is critical to notify your carrier, as part of your responsibility as an insured is to notify the insurance company that you have the potential for a SUM or UM claim. If you are unsure about your Sum or UM coverage, take a look at the declarations page on your auto insurance policy.  

In addition to everything else – and this goes without saying – get medical treatment.  You have to take care of yourself and your family so that you can move on from the accident. And the best way to do that is to get medical treatment immediately and as needed.

To learn more about how D’Orazio Peterson can help you, visit here or go to our website: www.doraziopeterson.com

*This article is informational only and is not intended as legal advice, nor does it create an attorney-client relationship*


ABOUT THE AUTHOR

Scott M. Peterson is the founding partner of D’Orazio Peterson, having left a partnership at a large regional law firm to limit his practice and focus on exclusively representing individuals in a small number of employment and serious injury/medical malpractice matters.

Glens Falls Schools Stay Open During Winter Storm

Friday, December 16, Glens Falls Schools stayed open while other area schools closed; Glens Falls did cancel after school activities, and postpone and reschedule games and meets. 

The Glens Falls City School sent out a district-wide email explaining their decision to community members: the email explained the variables that are involved in making the decision to close schools or keep them open. Current and forecasted weather is considered, as are the conditions of the roads, parking lots, and sidewalks.

The Glens Falls role in the community is also a consideration – the schools offer every student free breakfast and lunch. These meals are very important on Fridays and Mondays to students and families who face food insecurity, so providing these services is a factor in deciding to keep the facilities open. The school also provides winter clothes, boots, hats, and gloves to students in need through the HOPE boutique. The email said: “The learning, nourishment, social-emotional community, and consistency of schedule for students and families are important.” The goal of the Glens Falls City Schools is to keep every child in school – both safely, and consistently.