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Calendar of Events
Last Updated: July 28, 2015
The following article - and more - can be found in our print edition:
Frank M. Flower Wins Appeal
• Loriann Cody
On Wednesday, July 22, the Appellate Division of the Supreme Court of the State of New York reversed the judgment of the Nassau County Supreme Court which vacated Frank M. Flower Oyster Company’s (FMF) underwater leases with the Town of Oyster Bay. This judgment is the latest in the ongoing battle between FMF and the North Oyster Bay Baymen’s Association (NOBBA), but it is perhaps the most final.
The original case brought by NOBBA members, alleged that the Town of Oyster Bay (TOB) has no right to lease 1800 acres of underwater beds located in Oyster Bay Harbor to FMF. In his October 2013 decision, Nassau County Supreme Court Justice Stephen A. Bucaria, nullified the 30-year TOB leases to FMF. In November of that year, FMF and the TOB appealed the decision, but in February 2014, the Town withdrew from the appeal. In March, 2014, Justice Bucaria denied FMF requests for a stay in the appeal, and later that month, FMF appealed Bucaria’s decision in the Appellate Division of the Supreme Court. FMF won their stay in April 2014, provided that they post a bond against any potential damage to the leased beds. In May 2014, Justice Bucaria set the bond at $2.3 million.
This latest court decision appears to be a major setback for the Baymen. The Appellate Division reached this decision relatively quickly, and ordered the Baymen to refund court costs to FMF and the TOB (not an uncostly decision.) The next logical step for the Baymen would be to appeal this decision to the NY State Court of Appeals, but that may prove to be very difficult. The Baymen must petition the court by asking it to grant a writ of certiorari. The petitioner must go in front of the court and ask the court to hear arguments, even though the Appellate Division has already issued their verdict in the case.
FMF, through their attorney Gary Ettelman, released the following statement, “The Frank M. Flower Oyster Company is happy to announce that they have won their appeal to the Appellate Division of the Supreme Court of the State of New York. In a decision handed down on July 22, 2015, the Appellate Division reversed the judgment of the Nassau County Supreme Court which vacated the Company’s underwater leases with the Town of Oyster Bay and granted judgment in favor of Flower recognizing the validity of its leases. The Flower company looks forward to many years of continued service to its customers and to the Oyster Bay community.”
As of press time, messages sent to NOBBA had not been returned.
BOZZELLO, Doris M. lifelong resident of Glen Cove, NY on July 27, age 93. Beloved wife of the late Louis. Loving sister of the late David Lombardi, Sr. Fond sister-in-law of Dolly, Aggie and Marion. Dear cousin of Doris and Ann. Also survived by many loving nieces and nephews. Visitation and prayer service held at Dodge-Thomas Funeral Home, 26 Franklin Ave. Glen Cove. Interment Holy Rood Cemetery, Westbury. www.DodgeThomas.com
CAPPIELLO, Anna of Glen Cove, NY on July 27, age 98. Beloved wife of the late Vincent J. Loving mother of Michael (Barbra) and Margaret Bobbish. Proud grandmother of Jean Portuallo (Thomas), Matthew (Kim), Karen Hayes (James), and John (Julia). Special great grandmother of 11. Also survived by many nieces & nephews. Visitation was held at the funeral home of Dodge-Thomas. www.DodgeThomas.com
DANFORTH, Theodore N passed away July 26th, of a heart attack in Southampton, NY. He is survived by his loving wife of 40 years Laura, and his five children Theodore Danforth Jr., Alexandra Danforth, Bryan Danforth, Laura Danforth, and Florence Danforth-Meyer; and two grandchildren Isabelle and Nicholas. He was born in Boston, Massachussets to William H Danforth and Hilma L Nelson. He graduated from The Hill School, Amherst College, and attended Harvard Business School.
He served on the boards of the J. Craig Venter Institute, North Shore LIJ – North Shore University Hospital, Manhasset, NY; Jupiter Island Medical Center in Jupiter, FL; and the Library Museum of the U.S. Golf Association. He served as trustee of the Village of Matinecock from 1970-1995.
He was a member of St Andrews Royal and Ancient, Augusta National Golf Club, Piping Rock Club, Jupiter Island Club, Medalist Golf Club, The Meadow Club of Southampton, Racquet Club of New York, Seminole Golf Club, Shinnecock Hills Golf Club, Somerset Club, The Southampton Bathing Corporation, The Southampton Club.
The service will be held at the St Andrew's Dune Church on Gin Lane in Southampton, NY at 4 PM on Friday, August 7th. Please honor his memory with an act of kindness.
KLEBUKOWSKI, Ludmila of Glen Cove, on July 23rd, age 90. Beloved wife of the late Jan. Mother of Margaret Uhl (Carl) and Jan. Grandmother of Michelle Piontkovsky. She was born in Warsaw, Poland and was a Holocaust Survivor. Service and Interment were conducted privately through Dodge-Thomas Funeral Home, Glen Cove. www.DodgeThomas.com
LEUDESDORF, Madeline L. of Syosset, on July 26th. Beloved wife of the late Alvin D. Mother of Beth Leudesdorf LaBaw (Robert) of Glen Cove, and the late Lawrence. Sister of Jerome Gonicberg & the late Lillian. Grandmother of Axelle. Service at Dodge-Thomas Funeral Home Glen Cove 11AM Wednesday, July 29th. Interment Beth Israel Cemetery Woodbridge, NJ. www.DodgeThomas.com
MILES, Wesley Parker husband of Barbara Benchoff Miles, formerly of Woodstock, VA, died peacefully on July 18th, his 86th birthday, in Brooklyn, NY. In addition to Barbara, his wife of 59 years, he is survived by three children: Ann Miles and husband Peter Colgrove of Locust Valley; John Miles and wife Monica of Harrison; and Andy Miles and wife Sabine Vellucci of Charlotte, as well as three grandchildren: Matthew, Samantha, and Sebastian.
Wes’ family includes his sisters-in-law Ann Benchoff Stamm (Dr. Charles Stamm) of Schenectady; and Betty Benchoff Page of Woodstock, as well the extended family of nieces, nephews, and cousins.
Wes was born in Saxis, Virginia, the son of Mattie Young and Grover Cleveland Miles. He grew up in Huntington, graduated from Maryville College and received his Masters of Divinity from Princeton Theological Seminary. He served two Presbyterian churches, first in Geneva, from 1955 to 1959, and then in Hoosick Falls, from 1959 to 1966. The Miles family moved to Athens, Greece, in 1966 where Wes taught English as a second language at Athens College. They returned to the States in 1972, where he began a long teaching career at the Portledge School. Following his retirement in 1994, he and Barbara divided their time between Brooklyn and the Adirondacks, where Wes pursued his love of all things outdoors, especially sailing. He will be remembered fondly for his sense of humor, his tenacity and his kindness.
Funeral services will be held at Christ Church, Oyster Bay, on Saturday, August 1, 2015 at 11:00 am. A reception at the Parish Hall of the Church will follow. Memorial donations in lieu of flowers can be made to Grace Church, 254 Hicks Street, Brooklyn Heights, NY 11201, for the benefit of their endowment.
PASCUCCI, Rosemary of Glen Cove, NY on July 24, age 60. Beloved daughter of the late Ernest and Rose. Loving sister of Joseph (Helen), Robert (Lisa) and Ronald (Ann). Also survived by 7 nephews, 1 niece, 3 great-nephews, 1 great-niece and many loving cousins. A special thanks to the AHRC for many years of love and care. Visitation at Dodge-Thomas Funeral Home, 26 Franklin Ave. Glen Cove. Mass at the Church of St. Rocco, Glen Cove. Interment East Hillside Cemetery. Donations may be made to AHRC Nassau. www.DodgeThomas.com
PLATT, Henry B. of Palm Beach, FL and Manhattan, NY on July 22, age 91. Service held at St. John's Church of Cold Spring Harbor. Interment private. Arrangements entrusted to Dodge-Thomas Funeral Home, Glen Cove. www.DodgeThomas.com