PAGE FOURTEEN LONG ISLAND TRAVELER-WATCHMAN THURSDAY, JULY 31, 1975 This Week In The Courts Denies YO Treatlhent Four y oung mc^i, who facc s e n t e n c ing in Nassau County Court were given live y e a r s tate prison terms last riuirstiay in SutTolk County Court. County Judge Frnest Signorelli im posed the harsh term s on the four after turning down the request of their attorneys that they be given youthful offender treatm e n t. The youthful offender treatm e n t would have meant lesser jail time, a clean record, and closed court proceedings. All four had pleaded guilty to robbery third degree charges, in satisfaction of an indict nicnt charging they held up the Bay Shore Laundra- niat in .hily, 1974. They facc sen tencing in Nassau for several stickups including the August 2, 1974, hold up of a gift shop in Elniont. The four, who have been in jail for several m o n ths, a re William Gcanies, 20, of W y a n d a n c h , LutherGlover, 17, of Central Islip, Otis Plaver, 17, of Bay Sliore, and Anthony Troiano, 21 of Central Islip. hi other action before .hidge Sig norelli Thursday. Gary E. Holstein, 29, who e s c a p e d from a Florida chain gang live years ago, and was picked up by Riverhead F\ilicc May 18. pleaded innocent to a 12 count in dictment charging him with robbery and grand larceny for a string of stickups, including the hold up of a Rocky I’oint tavern, three months ago. Holstein was stopped May 18 and when he could not p roduce his license and registration, he was a r r e s ted. He was using the name of J o h n Cannon at the lime, and a coniputor check indicated he u sed that alias in Florida years ago. H e 's accused of the May 13 stickup of H a rry's Bar in Rocky F’oint. where he allegedly fled with $277 which he took from the patrons with a gun. S e e k s R e l e a s e F r o m I n s t i t u t i o n Lawrence Lublin. 38. who at one time lived at 7 Glouster Ave., W y a n danch, charged with the brutal m u r der of his wife in 1971 but was acquitted because of insanity two years later, this week began serious efforts to get himself out of Central Islip State Hospital. Lublin’s lawyer, Donald Leo, M o n day asked County J u d g e Oscar Mur- ov to order a psychiatric hearing to determine that Lublin is not danger ous to society and should be freed. Leo also claimed that Lublin, who he now insists is sane, will have a job with relatives if he is released. Assistant District Attorney Robert Folks, in opposition, noting that the State Commissioner of Mental Hy giene opposes Lublin’s release, claiming he could be a threat to the public. Folks wants Judge Murov to allow the DA’s office to have a psychiatrist examine Lublin. While Leo claims Lublin’s rela tives will help Lublin, even to getting him a job, those sam e relatives and the p a rents of Lublin’s m u r d e r e d wife are seeking to e n t e r the legal action to join in with the DA’s office in opposing his release. Judge Murov received all legal briefs from lawyers for the parties, and scheduled a h e a ring for S ept. 15. Lublin was charged with stabbing his wife Sheila. 32, 80 times with an awl. and then kicking and beating her. on October 4. 1971, A few minutes later he dove off the Deer Park Avenue overpass over the Long Island Expressway in Dix Hiljs but lived, suffering a broken back and other injuries. After a long, non-jury trial, he was found not guilty by reason of insanity by then County Judge Pierre G. Lundberg, and was ordered commit ted to a mental institution. C l a i m s L i n e R e p a i r s W e r e D r a g g e d O u t On behalf of the \$2 Bettor” . Suffolk OTB Corp. president Syd Askoff initiated a d a m a g e suit a g a inst the New York Telephone Co. for alleged foot-dragging in making re- apirs to out-of-order phone lines at the corporation’s Farm ingdale p a r lor. Askoff. at a press conference at Sniithtown OTB headquarters, said the two p h o n e lines that service the 10 computerized betting machines were out from 10:25 p.m . Saturday to 8 p.m. Sunday. \T h e y were out again yesterday (July 21) from 8 a.m . to about 1:30 p . m . , \ Askoff said. What irked Askoff was the shuf fling he said he got from phone company officials when reporting the trouble. \O n Sunday, it’s easier to get a doctor to make a house call than to get a phone company official,\ Askoff said. Suffolk OTB lost an estim a ted $13,000 out of the usual $30,000 mutual handle at the Farmingdale branch Sunday. Askoff said the suit would be only for \ a few thousand dollars\ in revenge and salary losses for the employees during the time the m a c h ines were inoperative. But. he a d d e d , \W e want to show the people somebody can fight a big monopoly.” He said a s u m m o n s was served on a telephone company official July 21. Attorney Fights WHB Appeals Board Ruling Supreme Court Justice Thomas M. Stark Thursday reserved deci sion of a prominent attorney against the W e s t h a m p t o n B e a c h Z o n ing Board of Appeals, over the board’s denial of his request to subdivide his one-and-one-half acre property on Main Street, and then sell the parcel containing a barn, which would be renovated into a home. The Zoning Board, in turning down the request of attorney Ste ph e n F. G r i f f i n g , J r . , said he sh o u l d m o v e th e b a r n off its concrete slab deeper into the prop erty, and should provide a screen of shrubs and trees. Griffing, represented by attorney Richard DePetris, said Griffing’s p r o p e r t y c o n t a i n s 63,000 sq u a r e feet, and that the zoning in the area requires 40,000 square foot lots with 150 feet of frontage. He hopes to have one lot containing 39,000 square feet with 146 feet of frontage, where his own home is located; and would have the second lot of about 24,000 square feet, w ith 88 fee t o f fro n t a g e . The property is located at 268 Main St., W e s thampton Beach. DePetris said Griffing’s property is worth $165,000, but if subdivided would be worth $180,000. He said there are many non-conforming lots in the area, and contended Griffing would suffer economic hardship if the zoning board’s denial is allowed to stand. DePetris said the vote to turn down the application was 3 to 2, adding that one of the m e m b e rs who vo t e d a g a i n s t th e re q u e s t , agreed that there was an economic hardship. Attorney Allen M. Smith, repre senting the zoning board, in opposi tion, said it had been suggested that Griffing move the barn and plant screening but that he refused. He term e d the claim of economic h a r d s h i p “ a c t u a l l y a m a r g i n of profit. T h a t ’s what it’s all about,” Smith argued. He said that Griffing could renovate the barn, and use it as a garage, or a guest house. ‘‘W e ’re really talking about how much he can make on the sale,” Smith said. And then DePetris charged that to move the barn would require the d e s t r u c t i o n o f m a n y tall sta t e l y trees. Both attorneys w e re given time to subm it additional evidence supporting their claims. For the most complete selection ot: Lamps - Lighting Fixtures Lampshades - Gifts X Cards , W „ Gift Wrap Party Items f f o h n h o e f e r : Brentwood District Has To R e h ire T e a d iers Supreme Court Justice William R. Geiler on Friday, in two deci sions ordered the Brentwood School District to reinstate ten elementary school teachers fired by the District Board of Education on May 29, when it abolished positions in an economy move. Judge Geiler ruled on the law suit of Shirley H. Walker, who has taught in the district for five years, the first two years in speech and the next three varied teaching, all in e lementary classes. The Board in dismissing her, claimed she didn’t have the full three years tenure, holding the speech classes “ were a special area.” Judge Geiler agreed with her co n t e n t i o n th a t sp e e c h te a c h i n g ‘‘was not special,” and ruled she had five years tenure, more tenure th a n o t h e r te a c h e r s w h o w e r e retained by the district. The second decision dealt with the law suit of nine elementary school teachers, Dorothy Morris, Dorothy Janin, Mary Herman, Jean Geddes, Mary Rush, Lydia Bellino, Joan Rosenberg, Candida Sinclair, and Wendy Terris, who were also dismissed on May 29. Here, the Board of Education, in defending the dismissals, claimed they had ‘‘special t e n u r e ” because they were bilingual teachers. Judge Geiler, in his ruling held the nine teachers had more tenure and seniority than others who were retained, and ordered the reinstate ment of all. The District, the sixth largest in New York State, has approximately 21,000 s t u d e n t s , m a n y o f th e m Spanish speaking. J u d g e O r d e r s P s y c h i a t r i c E x a m i n a t i o n Thomas Shaw, 28, who last lived at Bayview Ave., Centerport, Fri day in Suffolk County Court, plead ed guilty to six indictments, charg ing him with a variety of crimes, including the attem p ted m u r d e r of a police informant, the extortion of a Huntington tavern owner, the burglary of a Huntington restaur ant. and the robbery of its owner. County Judge Ernest Signorelli accepted the guilty plea of Shaw and o r d e r e d him back to jail without bail, first to undergo a psychiatric examination, and then to face sentencing on September 16, Assistant District Attorney Ed ward Connors, who handled the case, said he would recommend that Shaw be jailed for up to ten years, but Signorelli told Shaw he w o u ld not be g u i d e d by th a t recommendation, but by a proba tion report he ordered for Shaw, Shaw was picked up in California last January, after being the object of a nation-wide search, and was returned to Suffolk, He pleaded guilty to assault first-degree, grand larceny, two counts of conspiracy, and two counts of petit larceny. Shaw, once the maitre d ’ at Glynn’s Inn in Huntington, was charged with burglarizing the rest a u r a n t a n d ro b b i n g its ow n e r , Thomas Milano, was accused of shooting and wounding Ronald G. Miller of Mastic Beach, was c h a rged with threatening to burn down a Northport bar, and was also ac cused of taking part in a bank ro b b e r y in H u n t i n g t o n w h e r e a suspect was slain by police. After one of the indictments, he was released on $20,000 bail, which was forfeited when he disappeared. H e w a s tra c e d to B e r k e l e y , California, where he was working as a waiter in a r e s taurant. Claims Property Sold Twice A Brooklyn woman, last Friday in Suffolk Supreme Court, asked Su prem e Court Justice Thomas M. Stark to evict seven families from their homes in Selden, claiming she and her husband purchased the property the houses are situated on 24 years ago and still own it. Judge Stark received legal papers in the law suit of Mrs. Giacoma Miceli of 2045 Rockaway Parkway, Brooklyn, from her attorneys Evans Tilles and Frank Bronchick, and reserved decision. Mrs. Miceli, not only wants the families evicted from the homes they purchased in 1970 and 1971, and title to the houses and the property, but also seeks $575,000 in dam a g e s . In her papers, M r s. Miceli said she and her late husband Alberto p u r c h a s e d th e p r o p e r t y in 1951 from Charles and Marie DeMare. W h e n her husband died in 1960, sh e b e c a m e sole o w n e r o f th e ‘‘Miceli Real Properties,” her law yers claimed. It is alleged that the DeM a res sold her property again along with other land in t h e area to the Selden Land Corp. She charges Joseph W e instein of 120 W e s t Park Ave., Long Beach, purchased the prop erty from the land company in 1967 an d d e v e l o p e d it as “ H o liday E s t a t e s . ” In 1970, seven homes were built on her land, and then were sold for about $33,000 each. Mrs. Miceli wants the property an d th e h o m e s , th e s t r e e t th e houses are located on, Spruceton Street, and three land-locked parks, she claim s are still ow n e d by W e instein, She’s not only suing the home owners, but also seeks dam ag e s from W e i n s t e i n an d th r e e savings and loan institutions who have the mortgages. Attorney Samuel Kirschenbaum, who represents six of the home owners and the banks, Barry Segal, representing the other couple, in opposing the law suit, noted the homes are insured by the Home Title Division of the Chicago Title Co, Both lawyers asked the action be dismissed claiming there is a ten year statute of limitations on such a law suit, and contending the suit should have been filed within ten years of the time Mrs. Miceli and her late husband p u r c h ^ e d the property. Mrs. Miceli’s lawyers insist there is no statute of limitations, and claim they have been in touch with the title insurance company which has ‘‘refused to make any offer, and has exhibited a callous, off handed m a n n e r toward all parties.” After the law suit was filed the title insurance company, indicated it would protect the interest of the home owners, but Tilles has stated the company has offered only one tenth of what Mrs. Miceli thinks the property is worth. Main Road, Southold 765-2100 For Gnaranteed Resnits... g e t a big j u n t p on 1975 business w ith T r a v e ler-W a tchm a n Classified A d s, Calling In Yonr Clasi^ified Ad? Call the T r a v e ler office a n y d a y betw e e n 9 a n d 5, O u r deadline is 2 : 3 0 p m on Tuesday* O u r telephone no, is 765-3425, Fuel Oil Dealer Pleads Guilty A well-known Center Morichcs fuel oil d e aler, indictcd in May on chargos that could have resulted in his being heavily fined and jailed for up to 25 years, pleaded guilty to a m isdem e a nor charge of failing to register as a distributor of diesel motor fuel, Thursday in Suffolk County Court. County J u d g e Oscar Murov a c c e p t ed the guilty pica of Arthur C. Rumph, Sr.. 53. of Wilcox Rd., . Center Moriches, to the m isdem e a n or violation of the stale ta.K law. The plea was in satisfaction of two indict ments totaling seven counts, that accused Rumph and his business, the Rumph Fuel Scrvice. Inc. of d e fr a u d ing the stale out of over $15,000 in slate diesel oil taxes. Rumph faces up to a y e a r in jail and a $5,000 fine when he appears for sentencing Oct, 30. He was continued free on $5,000 bail by J u d g e Murov. His c ompany also pleaded guilty to a charge of grand larceny, second- degree, and will be sentenced Oct. 30. Court aides said the firm faces a fine of up to $10,000. The case of Patrick Craig Leary, 30. of Osborne Ave.. East Moriches, and his company. Patrick C, Leary Truck ing. indicted on similar charges in May, was adjouned until Sept. 10. The indictments were handed up by a Suffolk Grand J u r y , following an investigation by Assistant State At torney General Allan N. Smiley, in chargeof the s t a t e ’s Special Prosecu tions Bureau. The indictments deal with Rum p h ’s h andling a n d selling of diesel fuel oil, also used by his own home heating oil trucks and Leary's trucks, and the failure of the two and their companies to pay the oil taxes imposed by the State. Smiley said. R o b b e r G e t s P r i s o n T e r m A 29 year old Brentwood man, convicted last month of charges of robbery first d e g ree and p o ssession of a dangerous weapon for the shotgun stick up of a jewelry store, Tuesday in Suffolk County Court was sentenced to a 12'/2-to-25 y e a r state prison term. ■ County Judge Ernest Signorelli imposed the h a rsh sentence on Sebas tian Roman, who last lived at 38 Suffolk Ave,, Brentwood. Roman and a co-defendant, Saavedra Adaoverte, 24, of 130 McNair St,, Brentwood, were convicted June 18, following a county court trial of c h a rges they held up a jewelry store at 83 Wicks Rd., Brentwood, on Oct. 17. 1974. They held the owner, J o s e Chacon , at bay with a sawed off s h o tgun and fled with $2,400 worth of jewelry, police charged. Chacon shouted to polic6. parked across the street, and officers soon c a u g h t the two in a h ouse nearby. The jewelry was recovered. Adaoverte. who is in jail without bail, is to be sentenced Sept. 15. Long W ait For Baci^ Alimonj, Child Support Suffolk C o u n t y S h e r i f f Phillip C o r s o say s d i v o r c e e s in Suffolk County whose ex-husbands have ‘‘flown the coop” will have a long wait for back alimony and child su p p o r t p a y m e n t s b e c a u s e of a backlog of 2,000 w a rrants in his departm e n t . The ten-m e m b e r sher iff’s staff serves about 100 of the warrants each month, Corso said, trimming the process a tedious job especially if the departm e n t has to seek cooperation from other states. ‘‘Some of these guys make a (Continued on Page 15) TARA’S BENEFIT - Last Thursday evening, friends of Tara Leighton held a barbeque at Founders Landing, Southold. The profit from the affair will be used to help defray hospital expenses incurred after Ms. Leighton was injured in an auto accident in late June. Charles Shedricl< of Greenport was one of many well wishers who attended the barbeque. Photo by Peter Stevens O’Brien Says The Vend Is Over The bitter feud between Suffolk County Police Commissioner Eugene Kelley and District Attorney Henry O'Brien has apparently come to an end. according to a prepared state ment issued Tuesday by O’Brien. Kelley, attending a New York State Chiefs of Police conferencc in Buffalo, could not be reached for comment. According to O 'Brien, he and Kelley met last Friday \ i n an effort to resolve certain administrative pro blems V hich in no way touchcd upon the investigation being conducted by this office of Commissioner Kelley.\ It was O'Brien who. on July 12, declared Kelley is \being investi gated for misconduct in office and other crim e s .\ And apparently that investigation will continue. O'Brien said that Kelley has agreed he will not transfer Detective Captain John Gallagher from the District Attorney's office, and before planning or making any future t r a n s fers Kelley has promised \ h e would consult with me as had been the practice in the p a s t . \ After 0 Brien made his charges, Gallagher was transferred, and then (Continued on Page 15) 2 5 % 5 0 % Off Fashions by the Yard Gottons, Rayons and More Cantin Fabrics 301 E. Main St. Riverhead 727-3048 SREEM T FORD See the new Pinto l£Gi 3 4 n , p s < ^ J 6 9 Mustang II THE CLOSER YOU LOOK, THE BETTER WE LOOK cajE 4-SPEED 34 m p 9 AUTO 30 mpg They’re here , . . those new save-as-you-drive Pinto and Mustang II MPG cars from Ford. Two small ones . . . both BIG on savings! Get our mileage first hand with a MPG TEST DRIVE PINTO 2 DR. SEDAN Call 477-0228 Daily Kenlals Roote 23 (jreenport, N.Y.