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Image provided by: Guilderland Public Library
i-ff §. * i .£ vr\'.' m &j:W;j''W\-m:< ..i f J .I.,,.', - | '-,.! , {..... THEALTAMONT GOILKRLANDF 3 U6LICUBR«T * * * * * * KTQ TIC F * * * * * * DO NOT CLIP ANYTHING from newspapers. This is defacing library property, and anyone found doing this will be held responsible for the cost of the items defaced. /•' No. 47 - THURSDAY, JUNE 15,2006 For 121 years Albany County's independent newspaper m. Judge says 'Open ballots' By Jarrett Carroll ALBANY — After more than two years and many legal ma- neuvers, United States District Court Judge Lawrence E. Kahn ruled yesterday that two re- maining absentee ballots in a contested Albany County legisla- tor raoe be opened. Currently the race is tied — 508 to 508. The two remaining absentee ballots — to be opened today — will decide the race. The contested District 29 race in Guilderland's Fort Hunter area, between Democratic in- cumbent Gene Messercola and Republican challenger Lee Car- man, was heard in Albany's fed- eral court yesterday morning. This decision comes after the case was heard in state's Su- preme Court and then the state's highest court, the Court of Ap- peals. The Guilderland district re- mained without representation for several months before the Albany County Legislature, which is dominated by Democ- rats, made a unanimous decision to allow incumbent Messercola to resume his post until the elec- tion debacle was resolved. A similar situation in Colonie was resolved in court earlier this week when Republican William Hoblock was declared the winner of his district by four votes. The two ballots that Kahn ruled to be opened on Thursday were a part of 40 absentee bal- lots being contested from the 2003 special election, which was postponed to April of 2004 be- cause of a redistricting contro- versy taking place at the time. The two ballots being opened are not ensured to be valid as they will have to pass Albany County Board of Election stan- dards to be counted. Also, a valid vote for each candidate could result in another tie and would then have to be resolved by the county's legislature. Carman's lawyer, Paul DerO- hannesian, said that every vote should be counted regardless of who the vote is for. \It was through no fault of the voters that there were errors in processing the ballots,\ said DerOhanhesian. \That's been our position.\ When asked if there could be further delays in opening the remaining ballots and picking a winner, DerOhannesian told The Enterprise, \I can't see any justi- fication for not doing it tomor- row.\ (Continued on Page 26) Cook wins Insurance company must defend, court says By Holly Grosch ALBANY — The state's highest court, a panel of seven judges deciding on the last possible appeals, ruled last Thursday tha$ fijarksville na- tive Alfred Cooks insurance company must' defend him in a pending wrongful death civil suit. The court did not make a determination. on whether or not the company — Travelers Insurance, a subsidiary of Automobile Insurance Com- pany of Hartford Conn. — : has to also indemnify Cook if he loses the civil suit. The ruling is not as ground- breaking as lawyers and ob- servers had anticipated be- cause the Court of Appeals did not broach defining the law in regards to an insurance com- pany's duty when it comes to clients.acting in self defense. This case did not set a precedent in New York State, determining whether or not acts of self defense are consid- ered intentional acts — r pre- cluding coverage under a homeowner's policy. Rather, the Court of Ap- peals made a ruling in favor of Cook because the civil suit against him is claiming negli- gence and the insurance com- pany has to defend that. Cook shot and killed his long-time acquaintance and business associate Richard Barber, after Barber advanced on him inside his Dunbar Hollow Road home on Feb, 22, 2002. Cook was acquitted of all charges including murder in December of that year. The jury concluded that Cook had acted in self-defense. Barber's son, Andrew Pruyn, sued Cook in March 2002 for $1 million; since Pruyn was a minor, his mother, Victoria Pruyn, took action on his behalf when he was 13. The civil suit argues that the shooting was not justified and that there were other al- ternatives. The Pruyns' suit . makes two separate causes of action — one that Cook acted negligently and the second that Cook's shooting of Bar- (Continued on Page 27) The Enterprise — Melissa Hale-Spencer \Way up there, where peace remains,\ sings the choir at Farnsworth Middle School Friday, repris- ing the song by Tena Clark that Patti LaBelle sang at the memorial service in Washington's National Cathedral for the seven crew members of the Columbia space shuttle. The song was part of a ceremony dedicating the school's Space Shuttle Columbia Memorial Garden. See editorial on page 2. Dies at 85 Tymchyn, nuclear scientist with old-world ways By Saranac Hale Spencer ALTAMONT — Harry L. Tymchyn Jr. worked on nuclear reactors at Knolls Atomic Labo- ratory and made strawberry wine at home. He died of a heart attack on June 6 at the age of 85. Born in New Scotland and raised on a farm on Hawes Road, Tymchyn went to Altamont/High School through the 11th grade when he was drafted into World War II. Like many veterans from that era, said his son Harry Tymchyn III, he didn't talk a lot about the war. \He' didn't brag,\ said Mr.Tymchyn. \He just served his country.\ The USS California, which was docked in Pearl Harbor on Dec. 7, 1941, was the ship Tym- chyn would be on three years later in the Philippines during the Battle of Leyte. This was a decisive battle in the war and one of the bloodiest. Leyte saw the first use of Japanese kamikazes, one of which hit the deck of the USS California. The crash broke Tymchyn's back. \I know he was very disturbed about it,\ said Richard Tymchyn, another son, who also said his father didn't talk much about the war until last year. Tymchyn started working at General Electric when he came home, taking classes as the com- pany provided them. He worked his way up to Knolls Atomic Laboratory where he was a highly respected chemist and metallurgist. Most of his work there was classified, said his sons. \He took trips out to Snake River in Idaho,\ said Richard Tymchyn, where The Atomic Energy Commission had a test- ing station. The- station was used for testing and building nu- clear reactors. It was there, in 1951, that nuclear energy was first harnessed and, in 1955, it (Continued on Page 26) < ' 'l 1 if Inside this week's edition starting on page.... Opinion News jpage io| Community Calendar IP^ 16 ! Classifieds N^l Sports P^ 34 Jj ivl
