93-year-old man struck twice and killed by two hit-and-run vehicles in Brooklyn, New York

 

 

 

A man one month shy of his 94th birthday, was struck by two vehicles and killed in Brooklyn. Both drivers fled.

 

JUNE 24, 2015

NEW YORK (MYFOXNY) - 

A man one month shy of his 94th birthday, was struck by two vehicles and killed in Brooklyn. 

Both drivers fled.

The pedestrian was attempting to cross Albany Avenue in the middle of the block when he was struck at 8:15 p.m. Tuesday.

The driver of a tractor trailer continued traveling after hitting the elderly man in Crown Heights, said police.

As the man lay in the street he was struck again by a four-door sedan. The driver of that vehicle stopped, approached the victim but then fled.

The pedestrian's name was not immediately released.

If you know anything about the hit-and-runs that could help police find the drivers, contact the NYPD Crime Stoppers at any of the following:

1-800-577-TIPS (8477)

WWW.NYPDCRIMESTOPPERS.COM or by texting their tips to 274637 (CRIMES) then enter TIP577.

The NYPD says all calls/texts are strictly confidential.

The New York City Department of Consumer Affairs is accusing large chain grocery store Whole Foods of overcharging customers for pre-packaged products.

Whole Foods accused of overcharging customers

JUNE 24, 2015

 

 

The New York City Department of Consumer Affairs is accusing large chain grocery store Whole Foods of overcharging customers for pre-packaged products.

 NEW YORK (MYFOXNY) - The New York City Department of Consumer Affairs is accusing large chain grocery store Whole Foods of overcharging customers for pre-packaged products.

The items include meats, dairy and baked goods.

The DCA launched an investigation of the upscale chain during inspections dating back to 2010, reported the NY Daily News.

According to the DCA, examples of overcharges include:

DCA inspected eight packages of vegetable platters, which were priced at $20/package. Consumers who purchased these packages would have been, on average, overcharged by $2.50—a profit of $20 for the eight packages. One package was overpriced by $6.15.

DCA inspected eight packages of chicken tenders, which were priced at $9.99/pound. Consumers who purchased these packages would have been, on average, overcharged by $4.13—a profit of $33.04 for the eight packages. One package was overpriced by $4.85.

DCA inspected four packages of berries, which were priced at $8.58/package. Consumers who purchased these packages would have been, on average, overcharged by $1.15—a profit of $4.60 for the four packages. One package was overpriced by $1.84.

“It is unacceptable that New Yorkers shopping for a summer BBQ or who grab something to eat from the self-service aisles at New York City's Whole Foods stores have a good chance of being overcharged,” said DCA Commissioner Menin. 

“Our inspectors tell me this is the worst case of mislabeling they have seen in their careers, which DCA and New Yorkers will not tolerate. 

As a large chain grocery store, Whole Foods has the money and resources to ensure greater accuracy and to correct what appears to be a widespread problem—the city's shoppers deserve to be correctly charged.”

In a statement to the NY Post, Whole Foods denied the accusations.

"Whole Foods Market has never intentionally used deceptive practices to incorrectly charge customers," said spokesman Michael Sinatra.

The Bad Neighbor: NY man uses backhoe to damage property in dispute

JUNE 24, 2015

 

HIGH FALLS, N.Y. (AP)

A Hudson Valley man has been arrested after police say he used a backhoe to get back at a neighbor he had been feuding with.

New York State Police say they were called to High Falls on Sunday for a report of a man using a backhoe to strike a home, dig a hole damaging the septic system and damaging a 10-foot cross structure.

Police say 51-year-old William Dalton used the backhoe to damage his neighbor's property because of an ongoing dispute. He was taken into custody Tuesday on charges of criminal mischief.

He's being held in the Ulster County Jail without bail. Dalton is due back in court on June 29. It couldn't be determined if he has a lawyer.

Joshi v. NTSB: Accident report cannot be considered a final order with legal consequences, it is not subject to judicial review

National Transportation Safety Board Accident Report Not Subject to Judicial Review: Cessna U206G, Yatish Air LLC, N120HS, Fatal Accident occurred April 20, 2006 in Bloomington, Indiana

Holland & Knight 

By Paul J. Kiernan


Agency actions may cause people pain and distress but there is not always a judicial remedy. In a decision issued on June 19, the D.C. Circuit rejected the request of a pilot's father to reopen an accident investigation into the plane crash that killed his daughter and her four passengers. Because the accident report cannot be considered a final order with legal consequences, it is not subject to judicial review. See Joshi v. NTSB.

In April 2006, five Indiana University students were killed in a small airplane crash. A subsequent investigation by the National Transportation Safety Board and the Federal Aviation Administration concluded that the error of the student who was piloting the airplane was the   probable cause of the crash. The pilot's father, who was also the owner of the airplane,  undertook his own investigation, including retaining an engineering firm to reconstruct the accident. The father's investigation concluded that another plane most likely interfered with the flight path, requiring the pilot to take evasive action that caused the crash. The father petitioned the NTSB to reopen its investigation. When the NTSB declined to change its report, the father went to court.

The D.C. Circuit wrote that its jurisdiction under the Federal Aviation Act is limited to review of "final orders" of the NTSB. An accident-investigation report is not such a final order. First, accident investigations are conducted to help determine measures to avoid similar accidents. They are fact-finding proceedings, not adversarial proceedings. Second, no legal consequences flow from the accident reports. The accident investigation's results are not admissible in court, and they do not lead to fines or other consequences.

The father argued that there were real harmful consequences flowing from the NTSB report and the refusal to revise it, including reputational harm and emotional harm. But the Court held that while "[t]he consequences Joshi alleges are surely realities he has faced following the release of the Reports…unless the NTSB's actions result in a legal consequence, we lack the power to review them."

- See more at: http://www.hklaw.com

http://www.cadc.uscourts.gov

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued March 24, 2015 Decided June 19, 2015
No. 14-1034
YATISH JOSHI, INDIVIDUALLY, AS EXECUTOR OF THE ESTATE OF
GEORGINA JOSHI AND MEMBER OF YATISH AIR, LLC,
PETITIONER
v.
NATIONAL TRANSPORTATION SAFETY BOARD AND FEDERAL
AVIATION ADMINISTRATION,
RESPONDENTS

On Petition for Review of a Decision of the National Transportation Safety Board
Brian E. Casey argued the cause and filed the briefs for petitioner. Timothy J. Maher entered an appearance.

Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief was Michael J. Singer, Attorney.

Before: GRIFFITH and MILLETT, Circuit Judges, and EDWARDS, Senior Circuit Judge.

GRIFFITH, Circuit Judge: After a tragic plane crash, the National Transportation Safety Board (NTSB) completed an investigation and issued a Factual Report and a Probable Cause Report identifying the pilot, Georgina Joshi, as the most likely cause of the accident. The pilot’s father, Yatish Joshi, filed a petition asking the agency to reconsider its conclusion in light of new evidence he gathered. The Board denied the petition. Joshi now seeks review of both the NTSB’s reports of its investigation and the response to his petition for reconsideration. Because neither the reports nor the response can be considered a final order subject to judicial review, we dismiss this case for lack of jurisdiction.

1 dead, 2 seriously injured in crash on IB Kennedy at Hubbard Cave in Illinois

 

 

JUNE 24, 2015

 

CHICAGO, ILLINOIS (WLS)

 

 

One person was killed and two others were seriously injured in a crash on the inbound Kennedy Expressway near the Hubbard Street Cave overnight.

Illinois State Police said a semi truck and a car collided just before 2 a.m. Wednesday. The roof of the car was crushed.

One person was dead at the scene, police said. Two people were transported in serious condition. One was taken to Northwestern Memorial Hospital and the other was taken to Stroger Hospital.

Police closed four of five lanes in the tunnel for about four hours early Tuesday morning to clear the crash and conduct their investigation.

Lanes began to open up around 6 a.m.