Long Island Contractor Arrested For Underpaying Wages On Port Authority Project

The Robert E. Thursday announced the arraignment of a Long Island on two felony and two stemming from the underpayment of wages to 13 laborers in excess of $25,000 on a public .

Gerard Ippolito, president of Service, Inc., and his corporation face numerous charges, including Offering a False Instrument for Filing in the First Degree the a Class E felony – and Failing to Pay Wages, a misdemeanor. The defendants entered not today in .

According to court papers, between October 18, 2004 and December 31, 2005, employees of Services, Inc. worked on a Port Authority project involving landscaping for the John F. Corridor , which followed the path of the .  The contract was subject to the state’s prevailing wage law, which dictates the hourly rates that must be paid to employees on public work projects.

The weekly certified submitted by the defendants in the case showed the workers being paid the legal hourly of $51.11 per hour.  However, the contractors’ employees were actually paid much less then the prescribed hourly rate.  The defendants are charged with filing false certified in an effort to conceal underpayments of $27,484.72 to 13 employees.

The case was investigated by the ’s Office and then referred to the New York ’s Office for prosecution.

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Friday, June 20th, 2008

Flights limited at Newark airport to cut delays that boomerang nationwide

WASHINGTON The federal government is reducing the number of flights during peak hours at New Jersey’s Newark Liberty Airport to ease delays in the New York City-area that routinely spread nationwide.

Newark will be limited to 83 flights per hour during peak periods, Department of Transportation Secretary Mary Peters said Monday.

That is the same cap that will start on Saturday at New York’s John F. , which is down from about 100 flights per hour that had been scheduled last summer. Similar flight caps already exist at New York’s LaGuardia Airport. The caps are a temporary solution to alleviate record-high delays.

The , which runs all three airports, knew the caps at Newark were coming since Peters announced the move late last year, but the government had not released the specific number until Monday.

JFK, LaGuardia and Newark last year had the nation’s lowest on-time arrival rates; aviation officials say delays there cascade throughout the system.

The flight caps are designed to result in fewer flights being scheduled when delays are worst during peak hours, and to create more options during the middle of the day, Peters said. The Air Transport Association, which represents the nation’s largest airlines, and the Port Authority prefer flight-path changes and improvements aimed at increasing the flight capacity at airports over the caps.

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Monday, March 10th, 2008

Passengerrights law running into trouble in court

NEW YORK A federal appeals court appeared impatient with arguments supporting the first law in the United States requiring airlines to provide food, water, clean toilets and fresh air to passengers stuck in a plane delayed on the ground.

The three judges on the federal panel expressed skepticism Wednesday that states should be allowed to impose such a law on an industry already subject to extensive federal oversight. It was likely, they implied through their questions, that federal authority would pre-empt state laws on the issue.

New York’s law requires relief for people who have been trapped in a plane on the ground for at least three hours. It was passed after passengers at were stranded on planes for more than 10 hours with no food and overflowing toilets.

The court did not immediately rule on the constitutionality of New York’s Airline Passenger Bill of Rights.

The judges said they were sympathetic to the needs of passengers on planes, but they seemed to agree that only the federal government can regulate airline services.

Judge Brian M. Cogan said New York’s law might lead to multiple solutions by states nationwide that would subject airlines to all kinds of requirements.

Judge Debra Ann Livingston agreed.

“There is a patchwork problem in that every state should be concerned about this and probably would write different regulations,” she said.

Even though the judges had not yet ruled, Judge Richard C. Wesley defended their apparent stance.

“This is a pre-emption issue. Judges aren’t heartless people in black robes. Three judges must decide whether New York stepped over the pre-emption line,” Wesley said.

The law was challenged before the appeals court by the Air Transport Association of America, the industry trade group representing leading U.S. airlines.

Seth Waxman, a lawyer for the trade group, told the judges that a dozen other states were considering laws similar to New York’s law. He said Congress was considering its own legislation.

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Saturday, March 8th, 2008

Court skeptical of passenger rights law

NEW YORK –A federal appeals panel seemed impatient Wednesday with arguments supporting the first law in the nation requiring airlines to provide food, water, clean toilets and fresh air to passengers trapped in a plane delayed on the ground.

The three judges expressed skepticism that states should be allowed to impose such a law on an industry already subject to extensive federal oversight. It was likely, they implied through their questions, that federal authority would pre-empt state laws on the issue.

New York’s law requires relief for people who have been trapped in a plane on the ground for at least three hours. It was passed after passengers at were stranded on planes for more than 10 hours with no food and overflowing toilets.

The court did not immediately rule on the constitutionality of New York’s Airline Passenger Bill of Rights.

The judges said they were sympathetic to the needs of passengers on planes, but they seemed to agree that only the federal government can regulate airline services.

Judge Brian M. Cogan said New York’s law might lead to multiple solutions by states nationwide that would subject airlines to all kinds of requirements.

Judge Debra Ann Livingston agreed.

“There is a patchwork problem in that every state should be concerned about this and probably would write different regulations,” she said.

Even though the judges had not yet ruled, Judge Richard C. Wesley defended their apparent stance.

“This is a pre-emption issue. Judges aren’t heartless people in black robes. Three judges must decide whether New York stepped over the pre-emption line,” Wesley said.

The law was challenged before the appeals court by the Air Transport Association of America, the industry trade group representing leading U.S. airlines.

Seth Waxman, a lawyer for the trade group, told the judges that a dozen other states were considering laws similar to New York’s law. He said Congress was considering its own legislation.

“If regulation is required in this area, it must be national to avoid what otherwise is a patchwork solution,” Waxman said.

Barbara Underwood, arguing in defense of the law, said it required minimal standards and protected the public.

She said planes in line for takeoff might, after three hours, be forced to return to the gate to pick up more food and water and empty its restrooms or need to summon a delivery service to perform those chores.

A recent federal report showed that about 24 percent of flights nationally arrived late in the first 10 months of last year, which was the industry’s second-worst performance record since comparable data began being collected in 1995.

Kennedy airport had the third-worst on-time arrival record of any major U.S. airport through October, behind the New York area’s other two major airports, LaGuardia and Newark, according to the report.

Wesley called it a health and safety issue.

“What it really is about is human dignity,” Underwood said.

Queens Assemblyman Michael Gianaris, a Democrat, the prime sponsor of New York’s Airline Passenger Bill of Rights, said after the arguments that he was not discouraged by the questions posed by the judges. He said he would welcome a national law protecting airline customers.

“I’m hopeful the judges will preserve the law,” he said.

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Saturday, March 8th, 2008

Air Jamaica increases seats to Barbados and Grenada

, Jamaica: Air Jamaica is increasing its seat capacity from John F. in New York to both Barbados and Grenada, effective April 1, 2008. Paul Pennicook, Air Jamaica’s Senior Vice President of Marketing and Sales, announced that the Caribbean carrier will continue to serve the New York-Barbados route with daily non-stop flights, upgrading the existing A-320 Airbus aircraft to the larger A-321 which carries an additional 38 seats. %26quot;Barbados will continue to have the most convenient schedule to the island from the northeast United States - we’ll be first on the beach and last off the beach,%26quot; said Pennicook, who explained that the fully dedicated Barbados flights from New York and Jamaica will not be shared with any other Eastern Caribbean nation. The airline executive explained that the new schedule also opens up daily non-stop flights between Barbados and , Jamaica - an important and profitable intra-Caribbean business route. %26quot;These changes are in keeping with our mandate for a leaner, viable airline,%26quot; said Pennicook, who added that onward connections from to the United States will also be possible. Air Jamaica will now serve Grenada with four weekly non-stop A-320 flights from New York, before continuing non-stop to . The airline will operate a fully dedicated Grenada service from New York on Mondays, Wednesdays, Thursdays and Saturdays, and return to New York on Tuesdays, Wednesdays, Fridays and Sundays. All flights continue from Grenada to , except on Wednesdays when the service returns non-stop to New York. %26quot;We are excited about bringing more seats into both Barbados and Grenada,%26quot; said Pennicook, who assured that connections to and from Miami via , which is an important service for Grenada, will continue to be %26quot;smooth and seamless%26quot;. Pennicook reassured passengers that while the Jamaican national carrier restructures, it remains committed to serving the Eastern Caribbean. %26quot;The new schedule into Barbados and Grenada presents an exciting marketing opportunity for the airline and the destinations to command a greater share of traditional tourist and Diaspora business,%26quot; he said, underscoring that the carrier also valued the loyalty of Barbadians, Grenadians and other Caribbean nationals who join Air Jamaica flights in the Caribbean. Air Jamaica operates both A-320 and A-321 Airbus aircraft (with 138 and 176 seats respectively in Lovebird Economy Class and 12 seats in Lovebird Executive Class) in the Eastern Caribbean.

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Thursday, February 28th, 2008

Airline defends conduct in woman#39;s death

NEW YORK –American Airlines defended its staff as professional and its equipment as sound Monday after a swift review of a passenger’s in-flight death, despite her family’s claims that the crew ignored her pleas until it was too late.

Carine Desir, 44, was pronounced dead Friday on a nearly full Haiti-to-New York flight by a pediatrician who said he tried to use the plane’s defibrillator on her as she faded, but her pulse was already too weak for it to work.

The doctor, Joel Shulkin, was one of several medical professionals who stepped in after flight attendants asked if any were on board. Shulkin said through his attorney, Justin Nadeau, that two emergency medical technicians performed CPR on Desir, a diabetic.

Sitting in the 10th row, four rows back from first class, Desir had complained of not feeling well and being very thirsty after she ate a meal on the flight home from Port-au-Prince to John F. , according to Antonio Oliver, a cousin who was traveling with her and her brother. A flight attendant brought water to her, he said.

A few minutes later, Desir, herself a nurse, said she was having trouble breathing and asked for oxygen, Oliver said. “Don’t let me die,” he recalled her saying.

But a flight attendant twice refused her request, Oliver said.

Airline spokesman Charley Wilson said Desir’s cousin flagged down a flight attendant and said Desir had diabetes and needed oxygen. “The flight attendant responded, ‘OK, but we usually don’t need to treat diabetes with oxygen, but let me check anyway and get back to you,’” Wilson said.

The employee spoke with another flight attendant, and both went to Desir within three minutes, according to Wilson.

“By that time the situation was worsening, and they immediately began administering oxygen,” he said.

Flight attendants are trained not to automatically give oxygen to every passenger who requests it but instead use airline criteria to judge when it’s needed, said Leslie Mayo, a spokeswoman for the union representing American’s attendants.

There were 12 oxygen tanks on the plane and the crew checked them before the flight took off to make sure they were working, Wilson said. He said at least two were used on Desir.

“Each tank worked properly. I cannot speculate as to why a second tank was used,” he said.

The Federal Aviation Administration requires commercial flights to carry no fewer than two oxygen dispensers. The main goal of the rule is to have oxygen available in case there is a rapid cabin decompression, but it can also be used for other emergencies. It is up to the airlines to maintain the canisters.

Oliver said other passengers - the 267-seat Airbus A300 was carrying 263, the airline said - aboard Flight 896 became agitated over the situation, and the flight attendant tried to administer oxygen from a portable tank and mask, but the tank was empty. Shulkin could not confirm whether the oxygen was flowing, his attorney said.

“It was working, and the defibrillator was applied as well,” Wilson said.

An automated external defibrillator delivers an electric shock to try to restore a normal heart rhythm if a particular type of irregular heart beat is detected. The machines cannot help in all cases.

Wilson and Shulkin said the defibrillator indicated Desir’s heartbeat was too weak for the unit to work. Shulkin declined to provide additional detail, out of concern for Desir’s family.

Oliver said he asked for the plane to “land right away so I can get her to a hospital,” and the pilot agreed to divert to Miami, 45 minutes away. But during that time Desir collapsed and died, Oliver said.

“Her last words were, ‘I cannot breathe,’” he said.

Wilson said three flight attendants helped Desir, but “stepped back” after doctors and nurses on the flight began to help her.

“Our crew acted very admirably. They did what they were trained to do, and the equipment was working,” he said.

Desir was pronounced dead by Shulkin, and the flight continued to New York without stopping. Desir’s body was moved to the floor of the first-class section and covered with a blanket, Oliver said.

With Desir’s body near the front bulkhead, all passengers left the plane through an exit behind the first-class section. Her body was then removed, Wilson said.

Desir died of complications from heart disease and diabetes, said Ellen Borakove, a spokeswoman for the medical examiner’s office.

FAA spokeswoman Alison Duquette said the agency’s Federal Air Surgeon’s office plans to discuss Desir’s death with officials at Fort Worth, Texas-based American Airlines, a unit of AMR Corp.

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Monday, February 25th, 2008

Snowstorm cancels 1100 flights in Northeast U.S.

NEW YORK The first big storm of the season burdened the metropolitan area with up to 9 inches of snow Friday, forcing airlines to cancel more than 1,100 flights and making travel miserable on highways and .

A winter storm warning was canceled at midafternoon, as the snow changed to rain in the city, but sleet and freezing rain were predicted for overnight.

Mayor Michael Bloomberg said that his army of 2,000 snowfighters was expecting as much as 10 inches by Saturday morning and that it would cost $1 million an inch to clear away.

The storm’s impact was felt far from New York, as airports around the country were hamstrung by canceled incoming flights.

“There are no weather problems in Kansas City today, but if that plane from New York to Kansas City is five hours late, then that flight out of Kansas City has no plane,” said AccuWeather meteorologist Tom Kines.

By midafternoon Friday more than 1,100 flights had been canceled at the region’s three airports, including nearly 550 at LaGuardia Airport alone, spokesman Steve Coleman said. Flights were delayed up to three hours at LaGuardia and up to 2 1/2 hours at John F. and Newark Liberty International Airport, he said.

So far, the storm isn’t having a major impact on flights at Sea-Tac airport, but passengers traveling to and from the New York area should check online (portseattle.org) or call ahead for departure and arrival times, says airport spokesman Perry Cooper.

“We don’t have 100 people sitting around the terminal waiting to get on a flight,” he said. “But [weather] like this can happen at any time. Our big message to passengers is constantly to check to see whether their flight is on time.”

The Federal Aviation Administration Web site (www.fly.faa.gov) indicates delays of about an hour for flights headed from Seattle to JFK Airport in New York and about half an hour for flights to La Guardia Airport. Flights to Philadelphia are experiencing delays of about one hour and 45 minutes.

The National Weather Service measured 6 inches in New York’s Central Park by noon, when the storm was still going strong. Staten Island, Floral Park and Croton-on-Hudson had 8 inches and Stratford, Conn., had 9.

Times Square was a mess of gray slush by afternoon, but that didn’t matter to Sydney Cooper of Kingsport, Tenn.

“It’s great,” said Cooper. “We don’t get snow in Tennessee, so I prayed for it. I was supposed to leave this morning but my flight got canceled.”

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Saturday, February 23rd, 2008

New Delta service between NYC and Antigua starts in June

ATLANTA, USA: Eager to go snorkeling or scuba diving this summer? How about bird watching in the morning and sunbathing in the afternoon? Delta Air Lines will continue to take travelers to more places in the Caribbean with new nonstop service between New York’s John F. and Antigua and Barbuda, starting on June 12. Located in the middle of the Leeward Islands in the Eastern Caribbean, Antigua and Barbuda offer excitement for travelers seeking the thrill of snorkeling or scuba diving among coral reefs. The islands also offer sheer relaxation to those simply wanting to enjoy sandy beaches and sun. The little island of Barbuda is a perfect spot for bird watching enthusiasts, as it has become a significant bird sanctuary in the region. %26quot;Delta continues to be the fastest growing airline to the Caribbean. We have added more than ten destinations in the last two years,%26quot; said Christophe Didier, Delta’s vice president of Sales and Government Affairs for Latin America and the Caribbean. Delta’s new flight will operate Thursdays and Sundays, beginning on June 12. The flights are now available for sale at delta.com and other ticketing channels. To celebrate the new service, Delta is offering a one-way special fare of $189, for purchase by January 21, with travel completed by September 4, 2008. A round-trip ticket purchase is required and additional taxes/fees/restrictions apply.

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Saturday, February 23rd, 2008

Snow cancels hundreds of flights in Northeast U.S.

NEW YORK The biggest storm of the season dumped a half foot of snow on the city Friday, snarling traffic, canceling hundreds of flights in the region and delaying others for up to five hours.

“The airports are a mess,” said Mayor Michael Bloomberg. “It’s really hard to fly in and out.”

The National Weather Service predicted 6 to 9 inches for New York City, with up to a foot in suburban Westchester and Rockland counties. Up to 10 inches was forecast on Long Island before the storm passed out of the region late Friday.

“Already, this is the most significant storm of the season for New York City,” said meteorologist Jim Connolly. The biggest previous accumulation was 2.8 inches on Feb. 12.

The massive system, which had brought everything from freezing rain to sleet to snow in parts of Kentucky, Missouri and Illinois on Thursday, lumbered eastward and northward overnight.

At LaGuardia Airport, 548 flights had been canceled; 40 flights were canceled at John F. and 330 at Newark Liberty International Airport, spokesman Steve Coleman said. Delays were up to five hours at Newark, three hours at LaGuardia and 1 1/2 hours at Kennedy, he said.

Westchester County Airport was closed temporarily at 10 a.m. Albany International Airport was open but 11 flights had been canceled before 10 a.m.

Several airlines, including JetBlue Airways and Delta Air Lines, were letting passengers flying to or from the area rebook their tickets without paying a change fee.

The storm isn’t having a major impact on flights at Sea-Tac airport, but passengers traveling to and from the New York area should check online (portseattle.org) or call ahead for departure and arrival times, says airport spokesman Perry Cooper.

“We don’t have 100 people sitting around the terminal waiting to get on a flight,” he said. “But [weather] like this can happen at any time. Our big message to passengers is constantly to check to see whether their flight is on time.”

The Federal Aviation Administration Web site (www.fly.faa.gov) indicates delays of about an hour for flights headed from Seattle to JFK Airport in New York and about half an hour for flights to La Guardia Airport. Flights to Philadelphia are experiencing delays of about one hour and 45 minutes.

With big flakes of snow still falling and sleet expected to follow, the Northeast storm made driving and even walking difficult. An oil tanker overturned on a residential street in suburban Greenburgh, and accidents on the New Jersey Turnpike were too numerous to count, officials said.

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Friday, February 22nd, 2008

Airline delays among worst ever in 2007

WASHINGTON Domestic airline delays in 2007 were the second worst on record, the Transportation Department said today.

Flights in the U.S. were late more than 26 percent of the time last year, a slightly better performance than in 2000, when airlines were tardy 27.4 percent of the time. The federal government began collecting airlines on-time data in 1995.

The industry’s poor performance reflects rising passenger demand coupled with congestion in the skies and on tarmacs as the Federal Aviation Administration grapples with a growing number of air traffic controllers nearing retirement age. In 2006, domestic flights were late about 24.5 percent of the time.

President Bush has demanded action to avoid another summer of record delays, but there is little consensus among airlines, airport operators, Congress and the administration on what should be done.

Transportation Secretary Mary Peters earlier this month said congested airports can charge landing fees based on the time flights land and traffic volume to encourage carriers to spread operations more evenly throughout the day. Airports serving New York City has some of the worst delays, which ripple through the nation’s air-travel system.

But the , which runs John F. , LaGuardia and Newark Liberty, said the new policy was a minor fix for a major problem. In 2007, those three airports had the lowest on-time arrival rates, and aviation officials say delays there cascade throughout the system and cause three-quarters of all flight delays.

The Air Transport Association, which represents the nation’s largest airlines, also said a more comprehensive fix is needed.

The trade group and the Port Authority prefer flight-path changes and improvements aimed at increasing the flight capacity at airports.

The airlines and the FAA are pressing for a new, $15 billion satellite-based air traffic control system, dubbed NextGen, that will take nearly 20 years to complete to improve operations. Last August, the FAA awarded ITT Corp. a contract worth up to $1.8 billion to build the first portion the system.

The nation’s 20 largest carriers reported an on-time arrival rate of 64.3 percent in December, down from 70.8 percent in the same month in 2006 and from 80 percent in November. December 2007 was the third worst month on record, but December 2000 was even worse with on-time performance of about 62.8 percent, which helped save last year from being the worst overall for delays.

In December, 43.6 percent of late flights were delayed by weather, up 12.6 percent from December 2006 and from 37.8 percent in November.

Customer complaints rose nearly 40 percent to 849 in December compared with the year-ago period, according to the government data. The rate of mishandled baggage rose slightly to 9 reports per 1,000 passengers from more than 8.9 reports a year ago.

American Eagle Airlines, which operates regional flights for AMR Corp.’s American Airlines, had the worst December with more than 46 percent of its flights delayed by at least . Aloha Airlines had the best on-time arrival rate in December at 93 percent.

Atlantic Southeast Airlines, a subsidiary of SkyWest Inc., had the worst on-time arrival rate for all of last year at 64.7 percent, while Hawaiian Airlines topped the list at more than 93 percent.

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Friday, February 8th, 2008