April 2009


Healthcare giant buys Stiefel Co.
GlaxoSmithKline pays $3.6 billion for maker of skin care products

The Daily Mail

April 21, 2009

DURHAM — Stiefel Laboratories Inc., which operates a facility in Oak Hill, was acquired by GlaxoSmithKline Plc for up to $3.6 billion the companies announced Monday.

Under the terms of the agreement, a new business, combining the British pharmaceutical and health care company and the Florida-based dermatology company, headed by Charles W. Stiefel, chief executive officer of Stiefel Laboratories Inc., will be created under the Stiefel name.

“The combination of Stiefel and GlaxoSmithKline will create a leading company in global dermatology with a strong presence in the prescription, consumer and aesthetic skin health markets,” Stiefel said in a press release.

Stiefel added that he will remain CEO and chairman of the board until the acquisition is complete and will lead the new business thereafter.

GlaxoSmithKline will buy Stiefel for $2.9 billion and will assume $4 million of net debt. GlaxoSmithKline may also receive $3 million in cash based upon the performance of the new company.

Stiefel stockholders approved the acquisition, which will close during the third quarter of this year.

Stiefel reported sales of $900 million in 2008. Sales of GlaxoSmithKline’s prescription dermatology products during that time were reported as about $550 million.

“The addition of Stiefel’s broad portfolio will provide immediate new revenue flows to GlaxoSmithKline with significant opportunities to enhance growth through leveraging our existing global commercial infrastructure and manufacturing capability,” Andrew Witty, chief executive officer of GlaxoSmithKline said in the release.

There was no immediate word as to how the sale would affect the 270 Stiefel employees of the Oak Hill facility, which opened in 1945.

“Cost synergies for the new business will come from combining manufacturing and administrative functions,” GlaxoSmithKline spokeswoman Sarah Alspach said.

She said the company was organizing an integration team to work out specific plans for combining the two businesses.

Stiefel Laboratories Inc., which is known for its anti-itch creams, acne treatments among other over-the-counter dermatology products, was founded in Germany in 1847.

As early as last month, the Blackstone Group, a publicly traded investment firm and partial-owner of the company, was reportedly authorized to look for offers to buy.

At the time, Johnson & Johnson, Novartis AG and GlaxoSmithKline, were rumored to be interested in purchasing the company, although as recently as the end of last month, Stiefel’s representatives said that the company has not decided to sell and has not received any offers.

In 1999, the Oak Hill production area was increased by 80,000 square feet, the warehouse was enlarged by 25,000 square feet, and 100 jobs were created.

More than 50 employees were laid off from the facility in 2007.

Stiefel employs approximately 3,000 people around the world and operates facilities in Brazil, Canada, Mexico, Pakistan, Singapore and in the United States in California, Florida, Georgia and Maryland as well as in Oak Hill.

Personnel at the Oak Hill facility were not immediately available for comment.

Failed co-pays costing Town of Cairo
The Daily Mail

April 18, 2009

CAIRO — Patients who fail to cover their co-payments on ambulance service may be costing the Town and taxpayers, according to an emergency service officer.

Reay Mahler, adviser for the Town of Cairo Ambulance Service, asked the Town Board to remind residents who use the ambulance service to contribute to their co-pay fees.

“It is a fairly common problem,” Malher said, although he could not say specifically how many patients do not make the payments or how much money the service owed by those who have not paid.

Insurance companies cover most of the cost of transporting a patient to an emergency facility, but insurance companies also require patients to contribute to a co-pay. Co-pays, Mahler said, can cost either $50 or $100, depending on the insurance provider.

Mahler said that a patient was brought to a hospital in Hudson, Albany or Kingston in roughly 60 percent of the 1,025 times a Cairo ambulance was dispatched in 2008.

Mahler said some residents do not think they are responsible for a co-pay because the ambulance service is administered by the Town.

The co-pays help the service cover its operating costs, which can reach $120,000 a year, or $10,000 a month, not including payroll expenses.

The Town Board, and ultimately taxpayers, must make up the difference for the unpaid fees.

“The more that people do not pay their co-pays, the more the taxpayers have to make up that difference,” he said.

He said that the people who use the service should help to pay for that service. The ambulance service participates in mutual aid calls and stand-by calls as well as responds to events within the Town limits.

Town Supervisor John Coyne asked that those who require the ambulance service remember to settle their co-pays.

Councilman, clerk play name game over minutes
Rumpf says that, by law, she is not required to record names

The Daily Mail

April 17, 2009

CAIRO — Controversy came to a head when Cairo Town Councilman Richard Lorenz requested to Town Clerk Tara Rumpf that the names of residents who speak during the public comment period be included in the Town Clerk’s meeting minutes.

Rumpf responded that the Open Government Law does not require that residents be named and that someone on the state Committee on Open Government advised that it was best not to print the names.

The law requires that motions, proposals, resolutions and any other matter formally voted upon, as well as any votes, be recorded. Public comments do not have to be recorded in meeting minutes, under the law.

“I have always done the minutes to reflect historical happenings in the town,” Rumpf said, “I report everything that goes on in these meetings.”

She added that Lorenz has complained about her minutes for ten years.

Councilman Raymond Suttmeier sided with Lorenz, arguing that the minutes are an historical record and without the names of the residents who speak, it falls short.

“Six months from now, if someone wants to know what happened tonight, they are not going to talk to [Supervisor] John [Coyne], or Richie or I, they are going to go to the minutes,” Suttmeier said, “if I read these minutes that just said ‘a resident,’ who is that? I would have no idea who it is.”

Rumpf noted that Lorenz has had a problem with her minutes every month for 10 years.

“We went through a whole year where we didn’t even approve your minutes,” Lorenz said.

Rumpf responded that does not need to approve meeting minutes. She said that in the future, she will print copies of the previous meeting’s minutes for the public audience.

Lorenz also stated that the Board does not receive the minutes in what he would consider a timely manner. He said the minutes usually are finished the day before the next Town meeting.

Councilwoman Janet Schwarzenegger proposed that the Board could ask a second person, not a Town Clerk, to take more detailed meeting minutes.

Rumpf suggested that the Town look into purchasing equipment that will transfer spoken words into type.

She said she has spoken with Coyne about purchasing the costly technology because of all the litigation in which the Town in involved.

“It is a considerable amount of money,” Coyne said, “and if we don’t get it through a grant, I don’t think we are in the position to get it.”

Rumpf takes notes during meetings and listens to a playback tape of the meeting while she works on the minutes.

The tapes, she said, are kept for four months.

Coyne said he would like the names of residents who spoke during the public comment period to appear in the minutes.

“I agree with Ray, it is useful for historical reasons,” he said.

Rumph said she understood that people would like to see their names in print.

Coyne said he understood that Rumpf had to follow certain guidelines as Town Clerk.

Rumpf said that the business portion of the minutes from the March 18 meeting had been completed quite quickly. It was the public comment period, she said, that took over a week to record.

Coyne and Rumpf agreed that in the future, meeting minutes could be finished in a more timely manner.

Town forms grant panel
Group to seek funds for fountain restoration

The Daily Mail

April 17, 2009

CAIRO — An active group of Cairo citizens has taken over the duty of applying for grants the Town removed its grant writer last November.

The group, which was organized by Councilwoman Janet Schwarzenegger and has met formally only a few times, has applied for grant money for recycling bins and for fountain restoration work.

Schwarzenegger said the group is also exploring the New York State Preservation grant, the Climate Smart Community Project, which is in its infancy, and a New York State Preservation Grant, “Seven to Save,” for historic landmarks such as Historic South Street Seaport, in New York City, and a sunken ship in Lake Chaplain, as well as historic homes and other buildings.

Town Supervisor John Coyne said that the time has come for grant applications to come from an appointed committee.

“If we are going to have this grant committee go forward,” he said, “I think as a Board we are going to need to make appointments to this committee,” Coyne said.

Committee members would be appointed by the Town Board through an application and interview process, similar to the way in which Planning Board and Zoning Board of Appeals appointments are made.

The grant group, which Schwarzenegger described as a mutual support, or sharing, organization, includes members of the Planning Board, the Zoning Board, of the Chamber of Commerce and of the town, among other entities.

It meets at 7 p.m. on the second Wednesday of the month in the Kaaterskill Associates office on Main Street.

Members have varied experience in writing grants.

Grant group member and Cairo Chamber of Commerce Executive Director M.A. Tarpinian said Schwarzenegger approached her to participate in the group after Tarpinian wrote a letter of intent to what was Greene County Tourism Department in order to procure funding for the Chamber’s Quadricentennial project.

She said that having a committee in charge of grants would be good for the community.

“There are a lot of talented people in Cairo,” she said.

Grant group member and Town Historian Robert Uzzilia said that the Cairo Taskforce, a non-profit organization, did some similar work as the grant group.

In the mid-1990s, he and the group photographed and categorized the buildings on Main Street between Slater’s Great American and the divide between Route 23 and Route 145.

He is currently researching the state Preservation League grant as a possible funding source for work at St. Edmund’s Chapel in Acra. The space, he said, could work well as a cultural center and has fairly good acoustics, although no determination for how the building and the grounds could be used has been made.

Uzzilia said he and the other group members have put a lot of hard work into their grant research so far.

Another group member, Mary Kames, said she had voiced interest in joining the group while attending a Chamber of Commerce meeting even though she had no grant-writing experience. She helped write the grant for the recycling bins, which the Town Board approved earlier this month.

“I really liked writing this one, so I hope to do more in the future,” she said.

The Town Board will accept letters of interest for the grant committee from current grant group members as well as from any interested resident until April 20.

Letters of interest for seats of the Planning Board, the Zoning Review Board and the Assessment Review Board, which all have open seats, are also due that day.

Lawsuit costs town $13,000
Coyne: Future grant funding may be jeopardized

The Daily Mail

April 16, 2009

CAIRO — The Town Board approved Wednesday night a contentious resolution to examine how the Town might be able to recover legal fees incurred by the Town in the recently dismissed Article 78 lawsuit.

Councilman Richard Lorenz moved that Town Attorney Tal Rappleyea be authorized to aggressively take steps to recover some of the legal fees from the Plaintiffs in the lawsuit.

“It is my opinion as a Town Board member that the taxpayers of Cairo should be reimbursed for these unnecessary costs,” he said.

The Town, he said, has incurred over $13,000 in legal fees defending itself against the arguments of Plaintiffs Ellsworth “Unk” Slater, Cairo First and the Cairo Township Taxpayers Association.

In the suit, the plaintiffs, who also includes J. Triple S. Inc., claimed that the Town Board, the Planning Board, various state entities and the developers of the residential and retail project, The Views at Alden Terrace, failed to follow lawful procedures to obtain sewer system improvement funds, failed to conduct proper State Environmental Quality Review Act procedures and failed to hold required public hearings.

Greene County Judge George J. Pulver Jr. threw out the lawsuit last month, but the Plaintiffs have indicated their intention to appeal the decision and to move for a reargument.

Councilman Raymond Suttmeier seconded Lorenz’ motion.

“I think we owe it to the taxpayers of Cairo to try to recoup that money,” he said, “I think we would be negligent in our duty if we did not try to recoup it.”

Councilwoman Janet Schwarzenegger argued that in attempting to recover money for the fees, the Town would be suppressing any future challenges to the decisions or actions of the Town Board, Planning Board or another municipal entity.

“That is the residents and the taxpayers’ right, so I would prefer not to stifle people’s rights,” she said.

She pointed out that Pulver has the right to award the winning party in such a lawsuit if the lawsuit was frivolous. Pulver did not do this, she said.

Councilwoman Alice Tunison said she was uncomfortable voting on a resolution to allow Rappleyea to look into how fees could be recovered. She said she would like to discuss with Rappleyea and the Board the ethical implications of the resolution before she voted in favor or against the motion.

“I think it is premature,” she said of the vote.

The resolution passed in a roll call vote. Lorenz, Suttmeier and Town Supervisor John Coyne voted in favor of asking Rappleyea to investigate the issue. Schwarzenegger voted against the resolution and Tunison abstained from voting.

The vote was followed by five seconds of applause from members of the public audience.

During a public comment portion of the meeting, Cairo resident Lars Anderson asked whether a town typically requested a judge to ask the losing party to reimburse the winning party for its legal fees.

Schwarzenegger answered that a respondent could request the award upfront.

Marion Coyne, the supervisor’s wife, asked the Board if the litigation could affect any money the Town hoped to receive from the American Recovery and Reinvestment Act.

The supervisor responded that the package could be impeded if there was litigation against the sewer project.

“It could be hindered to the point where we might not get that at all, so we might want to keep that in mind,” he said.

Lorenz told the audience that the Town could receive as much as 75 percent of a project cost from the stimulus agreement, or about $1 million.

Schwarzenegger noted that the Town might not receive grant money through the stimulus plan, regardless of any litigation involving the sewer project.

Coyne added that the Town chances of receiving money through the stimulus package will decrease if there is litigation.

“I just hope with the new event doesn’t hurt any kind of funding, because that would be unfortunate,” he said.

Alden Terrace appeal expected
Plaintiffs intend to file motion for new arguments

The Daily Mail

April 15, 2009

CAIRO — Plaintiffs in the Article 78 lawsuit against town and state entities plan to file a Motion for Rearguement and a Notice of Appeal, according to a letter sent Tuesday to Greene County Judge George J. Pulver Jr.

Pulver dismissed the original lawsuit, which was filed by Cairo First, Cairo Plaza LLC, J. Triple S. Inc., E. Slater, Inc. and the Cairo Township Taxpayers Association.

The lawsuit claimed that the Cairo Town Board and the town Planning Board, state Department of Environmental Conservation, state Environmental Facilities Corp., state Division of Housing and Community Renewal, developer Charles Maggio, Charles Frank & Associates, Regan Development Corp., Benjamin Buel and Richard Buoniconto failed to follow lawful procedures in relation to obtaining funding for sewer system improvements, failed to conduct proper State Environmental Quality Review Act procedures and failed to hold required public hearings, on March 26.

The plaintiffs’ attorney Andrew Gilchrist, of Tuczinski, Cavalier, Gilchrist and Collura, P.C., argues in the letter that Pulver should have recused himself from the case because Pulver was once personally represented by Roemer, Wallens and Mineaux, the firm to which the Town of Cairo’s bond attorney, John R. Mineaux, belongs.

“This is an issue of conflict of interest as well as appearance of impropriety,” the letter states.

Mineaux prepared a bond package in December through which Cairo Town Supervisor John Coyne procured $750,000 from the Bank of Greene County for sewer improvements. The package included a “no-litigation” certificate bearing Mineaux’s signature that guaranteed that there was no pending litigation of any nature surrounding the project.

In February, Mineaux drafted a substitute document for inclusion in the bank’s file that indicated that the “no-litigation” document was incorrectly presented as part of the bond package.

Charles H. Schaefer, of Deily & Schaefer, presented Pulver with a sworn affidavit from bank President Donald Gibson during the March 6 oral arguments that indicated Gibson purchased the bond in good faith based on the package with which he was presented in December.

Pulver denied in his March decision Gilchrist’s motion to name the bank as a party in the case for its involvement in the bond’s approval.

Gilchrist’s Tuesday letter to Pulver contained information from the state Commission on Judicial Conduct that show Mineaux’s firm represented the judge during complaint proceedings in May 2004.

The Commission’s records indicate that Pulver was represented by James W. Roemer Jr.

The Commission ruled at that time to admonish Pulver for engaging in business dealings with an attorney who appeared in his court and for handling a custody matter involving relatives of another business partner.

“We respectfully submit that given Your Honor’s retention of Mr. Mineaux’s law firm in the enclosed matter, and given that a Decision and Judgment invalidating the underlying Town of Cairo bonding resolution could expose Mr. Mineaux’s law firm to a potential claim by the Bank of Greene County, you should have recused yourself from this case,” Gilchrist’s letter reads.

Gilchrist wrote that his clients would have objected to the judge’s involvement in the case at the time of oral arguments had they been aware of Pulver’s relationship with Mineaux’ firm.

Cairo First President Erica Gravina, a plaintiff in the lawsuit, said Tuesday night that she and the other plaintiffs in the suit would appeal Pulver’s March decision based on the arguments in Gilchrist’s letter.

Another plaintiff, Ellsworth “Unk” Slater, owner of Slater’s Great American, had no comment other than to say that the letter speaks for itself.

Gravina said still objects to the manner in which the Town approved the residential and commercial development, The Views at Alden Terrace, and the sewer systems project.

The project’s developers have indicated that they are not interested in extending an option to purchase property for the project from Benjamin Buel, which will expire later this month.

“Just because Alden Terrace may or may not come be coming does not change that the town did not follow proper procedure,” Gravina said, “one thing does not have to do with another.”

Coyne had no immediate comment Tuesday evening.

Greene tallies military ballots
Murphy’s overall lead shrinks, but Tedisco holds serve in county

The Daily Mail

April 15, 2009

CATSKILL — Officials in Greene County counted more than 20 absentee military and special federal ballots Tuesday, two weeks after the special election for the 20th Congressional District seat.

The Greene County Board of Elections reported that Democratic Scott Murphy gained 15 votes and Republican Assemblyman James Tedisco received 8 votes.

The count went relatively smoothly and took about 50 minutes to complete, according to Democratic Greene County Board of Elections Commissioner Thomas Burke. Burke said two ballots were declared void by the official panel, which included himself, Republican Greene County Board of Elections Commissioner Frank DeBenedictus as well as representatives from both campaigns and election lawyers.

“There was no acrimony, no yelling and screaming,” Burke said.

Tedisco has held on to his lead in Greene County. Officials here have counted 5,704 machine and paper ballot votes for Tedisco and 4,583 for Murphy. Election Day returns showed Tedisco in the lead with 5,460 votes to Murphy’s 4,409 votes.

According to the state Board of Elections, Murphy had a 47-vote lead statewide, with 77,982 vote, over Tedisco’s 77,935 votes when counting ended Tuesday.

The County Board of Elections sent special federal ballots to 77 Greene County residents living abroad. Fifty-one ballots were sent to military personnel, according to officials.

The ballots were due back to the Board of Elections Monday so counting could commence Tuesday.

Bears to emerge from hibernation
Cats, horses and dogs to follow

The Daily Mail

Apr. 11, 2009

With winter melting into spring, artists in Cairo and Catskill are working hard to finish the bear statues that will stand and sit in front of various businesses in Cairo.

Each bear pattern includes a butterfly containing a letter or symbol that corresponds to a question about Henry Hudson. Visitors who can answer all the questions will win a prize from the Cairo Chamber of Commerce, which is sponsoring the exhibit.

The Chamber will install the bears all around town, rather than just along Main Street, to encourage people to explore each of the town’s hamlets.

Rip is reborn

Don Boutin is creating two bears that show the natural beauty of spring and summer and a small bit of Greene County lore. His bears will be placed across Main Street from each other this summer.

His “Blossom Bear” shows different brightly colored flowers growing along a white picket fence. These he patterned from flowers and a fence in his own backyard garden.

The other bear, which will stand across the street, will show the story of Rip Van Winkle, the most famous resident of Greene County who never was. Rip’s angry wife and her “to do” list, Rip and his dog and the Half Moon are all portrayed on the bear’s chest, belly and rump.

Boutin placed Rip Van Winkle in promotional materials for a local balloon festival in 1999 and an automobile revival in 2003. In other works, Rip fishes, skis and dozes in a hammock. But Rip’s image as a young man on Boutin’s bear is one of the few, if only, instances where he is without his identifying long white beard.

Boutin’s Rip is recognizable from one painting or poster to the next, but Rip’s eyes and nose are familiar to anyone who has met Boutin.

“Everybody says when I do Rip, he has a likeness to me,” Boutin said.

Although Rip is a popular subject, Boutin also paints custom wall murals and scenes on benches and tables.

He first moved to the area in 1983, when he worked in the lacquer department at Sotheby’s in Columbia County, restoring and painting antiques. He used paint and putty to refurbish pieces and, in some cases, make them look like they were made of marble.

Boutin began painting his living room walls to look like beige stone shortly after moving into his Cairo home. The corners of the room have been made to look like wood and painted vines run along the faux beams. The room is complete with a bookshelf that looks three-dimensional.

He said his wife, Maureen, would sometimes wake up at 3:30 a.m. and find him working on the living room.

Boutin works in an upstairs studio in his Cairo home, surrounded by pictures of Rip, of cats and of flowers.

Toward the end of winter, a large nearly-finished painting of an explorer’s ship whose crew were bears and carried by butterflies — which promotes Cairo’s Quadricentennial — was propped on an easel.

Boutin said he had a very different idea in mind at first — the iconic Titanic. However, his daughter, who is away at college in Rochester, reminded him of an image she recalled from childhood of a ship with butterflies. And so, Boutin redesigned the painting.

Another Quadricentennial-themed painting, this one with Hudson’s Half Moon, adorns the cover of the most recent Greene County tourism guide. Hudson’s crew includes bears and cats. Rip appears, too, sharing a canoe with his own bear-and-cat crew. Friendly natives in their own canoe are paddling toward the Half Moon.

By late winter, Boutin was nearly finished with his two bears but was still planning for the cats he is creating for Catskill’s Cat’n Around celebration. One cat will show scenes from Catskill’s history, including the Catskill Mountain House and railroad tracks.

Boutin said he may borrow some settings from Thomas Cole’s famous works for the cat. He said he likes to incorporate Cole’s Hudson River scenes and mountains into the background of his own works of art.

His other cat will show the favorite, Rip, although the cat and bear will be different.

Boutin is not sure why he started to paint Rip relaxing, with Hudson’s legendary diminutive crew or ever as a mountainside waterfall.

“All of the sudden I started doing him,” Boutin said.

Father and daughter team up

Ken Richards, or Kenny Rich, created five cats for last year’s Cat’n Around exhibit and auction.

This year he will make two cats for Catskill and a rocking horse for Hors’n Around Saugerties — that village’s public art event.

Before work began on these projects, Richards and his 14-year-old daughter, Roxy, began designing their bears for Cairo’s interactive Quadricentennial street art project. Richards said he heard that Cairo was going to start its own project and asked if he could be involved. His daughter, who helped put together last year’s “Country Cat,” asked if she could create a bear, too.

Richards told her that she could submit a design and create the bear if her design was selected by a sponsor. Roxy submitted “Honey Bear,” a life-like bear whose pot of honey doubles as a bank.

“Honey Bear” went to the “Unibearsity of Honey,” Roxy explained, showing where she would print the alma mater on the bear’s red sweater.

Richards said he showed his daughter how to use different brushstrokes and painting techniques and tools, like a sponge and an airbrush, to create the bear’s fur and sweater details. The fur was created using four light and dark shades and the sweater has ribbing at the collar and cuffs.

Roxy said she is dedicating the bear to a friend on Long Island who loves Winnie the Pooh.

Roxy, who lives downstate, said all her friends there know about “Honey Bear.”

“They think it is really cool,” she said, “there is no opportunity like this on Long Island.”

The other bear being created by the Richards family is the “Gummy Bear,” a mate to last year’s favorite “Kit Cat.” The bear will resemble a gummy bear candy bursting out of its wrapper.

By late winter, Richards had only fashioned the foil wrapper around the bear’s neck and limbs and cut a large bite out of the bear’s right ear. But, when it is finished, visitors to the bear will be able to see little gummy bears inside the bear’s chest.
Richards is letting his 10-year-old son, Skylar, paint the bear’s solid-colored limbs and head.

Richards, who is a commercial artist and air-brusher, was just starting to work on his Catskill cat as his daughter was finishing her bear.

One cat is modeled after the 1953 Hudson Hornet hot rod, complete with flame decals and a seat in which a small pet can pose.

Once the body and the painting is completed, Roxy and her father can start giving their animals props, such as the hat and rake of the “Country Cat.”

“That is the fun part …” said Richards.

“… the accessories,” Roxy added.

He said he was trying to figure out how to attach side mirrors and other add-ons to the “Hudson Hornet” cat in a way that they will not get broken.

Richards said he watched adults try to pull the fake bullets and cell phone from his police cat last summer. This year, he said, he will put two bolts in all his attachments. He said he has also given advice to new participating artists on how they can make sure their creations are not vandalized.

Boutin, the Richards family and the other artists creating bears this year were required by the Cairo Chamber of Commerce to hide a butterfly in their patterns. But, they said, there were no other guidelines for the bears.

“That is the cool thing about these — anything goes,” Richards said.

Still time for Hudson artists

The city of Hudson is bringing back its “Best in Show” exhibit, which will open on Warren Street July 4.
The deadline for artist applications is April 24, and a sponsor-artist reception will be held April 30.

Interested sponsors and artists can contact the Columbia County Chamber of Commerce at 518-828-4417, or go online to www.columbiachamber-ny.com.

Horse breeder charged with cruelty to animals
Ernie Paragallo, 51, faces a year in jail if convicted

The Daily Mail

April 11, 2009

Climax horse breeder Ernest Paragallo was formally arrested Friday afternoon by state police and charged with 22 counts of animal cruelty.

Paragallo, 51, was charged with torturing and injuring animals and failure to provide sustenance on his Center Brook Farm under state Agriculture and Markets law.

He faces up to one year in jail and/or a $1,000 fine for each count.

Paragallo was arraigned before Town of Coxsackie Justice Thomas Fori and ordered held in the Greene County Jail in lieu of $5,000 bail or $10,000 bond, state police said Friday.

Paragallo, the owner of 1996 Kentucky Derby favorite Unbridled Song, who finished fifth, was arrested after driving upstate from his Long Island home to be questioned by investigators about the malnourished horses found Wednesday.

State Racing and Wagering Board Chairman John D. Sabini said that his board has terminated Paragallo’s privilege to participate in thoroughbred racing in New York State.

“I stand committed to enforcing the rules of thoroughbred racing and ensuring that those involved in the sport do not jeopardize the health and welfare of the horses we rely on to compete in the races we regulate,” Sabini said.
Sabini said that Paragallo has agreed to give up his position as an authorized agent for the horse-breeding enterprise Paraneck Stable next week.

The New York Racing Association has barred Paraneck Stable from entering horses at NYRA’s three racetracks — Saratoga, Belmont and Aqueduct, where his daughters’ stable has 40 horses. The move prohibits Paragallo from the tracks’ backstretch and paddock, but not its grandstand or other areas open to patrons.

“We want to make sure that the interests of the betting public, fans of the sport and other involved parties are protected,” said Racing and Wagering Board spokesman Joe Mahoney.

Paragallo is licensed with the state Racing and Wagering Board as the authorized agent for Paraneck Stable, which he founded but later turned over to his daughters Jennifer and Kristen in 2005, when the state revoked his owner’s license for financial irresponsibility.

NYRA officials said no member of the Paragallo family or current Paraneck employee are allowed to operate the stable. The Paraneck horses currently stabled at Aqueduct’s barns will be allowed to remain at the track.

The Racing and Wagering Board has launched its own investigation into Paragallo. Mahoney said the board is looking into whether it appears Paragallo has been acting as the stable’s owner, despite having his owners license revoked four years ago.

Paragallo has agreed, at the board’s suggestion, to surrender his authorized agent’s license next week, Mahoney said.
State police and animal protection organizations seized the horses. Veterinarians examined the animals and found all of them to be in varying stages of malnutrition.

More than 60 of the 177 horses on the farm were transferred into the custody of the Columbia-Greene Humane Society/SPCA President Ron Perez said Friday evening.

“The SPCA will care for the other horses as well until the case is adjudicated,” Perez said.

He said that hay and food had arrived and that the horses had begun to eat. The farm lacked sufficient winter shelter, he said, adding that the horses were being properly rotated from shelter to field.

Perez said that in addition to being malnourished, many of the horses were infested with internal and external parasites, suffering from untreated lacerations, and in need of hoof care. He said broodmares were kept in stalls without proper bedding.

The horses will become available for adoption through the SPCA, he said.

“They’re on their way,” he said.

The SPCA, in conjunction with state police, executed a search warrant Wednesday on Paragallo’s 511-acre Center Brook Farm.

Equine veterinarians Dr. Jerry Bilinski of North Chatham and Dr. Danielle Sand of Rhinebeck examined the horses at the time and found them to be underweight and in need of medical attention.

“This is just a sad and unfortunate situation,” Coxsackie Town Supervisor Alex Betke said. “Hopefully the animals are really being taken care of now, and it sounds like they are.”

Unbridled Song won the 1995 Breeders Cup Juvenile, and in 1996 won the Florida Derby and the Wood Memorial to earn his status as Kentucky Derby favorite. Paragallo also owned Artax, the 1999 Eclipse winner as top sprinter.

The Associated Press contributed to this report.

4th St. kayak launch progresses, but criticism lingers
Not everyone in the village is pleased with the project

The Daily Mail

Apr. 10, 2009

ATHENS — Mayor Andrea Smallwood expressed optimism to the Village Board Wednesday night that the Fourth Street kayak and canoe launch will be operational before summer.

“It looks nice, it’s looking good,” she said.

She said, however, that not everybody in the Village is pleased with the two-year project.

Smallwood has heard from irate Athens residents who have had trouble putting their boats in the river at Fourth Street since the project began.

She said the launch was not designed for large boats, motorized boats or jet skis.

“We felt the project was perfect for small craft and kayaks,” she said. “We have the State launch for larger vessels that people can use.”

That launch, off Route 385 near the Murderers Kill, is roughly one mile up the river from Fourth Street.

According to a work schedule provided by Smallwood, paving of a 13-spot parking lot adjacent to the launch will begin later this month.

Athens Boat Yard LLC deeded land for the lot to the Village last year.

Landscape work will commence once the lot is finished, the schedule shows.

Chris Pfister, who worked on the project as a village trustee and has volunteered to remain as the project’s clerk of the works, said that work on the 30-foot retaining wall was completed earlier this week. He expected the patio to be finished Thursday.

Pfister said he will meet with a kayak group to discuss the configurations of an access ramp and the actual floating slip.

He said he was happy about the progress of the project in light of the constant worry that state grant money might not be available.

Pfister said he has been approached by residents who question whether the project violates a chapter of the Athens Code regarding blocking river access at Fourth Street.

“No boat, ship, canoe, sailboat or other type of vessel, vehicle or any other thing shall be left or deposited on that portion of Fourth Street lying easterly of the easterly line of Water Street so as to interfere with the free movement of vessels, craft or trailers into and out of the waters of the Hudson River adjoining said Fourth Street,” Section 2 of Chapter 13 of the Athens Code reads.

Vessels cannot be tied up or stopped in the river off of Fourth Street, the section reads, unless they are retrieving or discharging passengers or are not interfering with river access for longer than two hours.

During a comment period in February 2007, the Planning Board had made the recommendation that the Village Board may want to visit the issue of amending the Code, which was adopted in 1962, Athens Planning Board Chairman Mark Levenway said.

Smallwood said that portions of the Village Code may be revisited after the Board hears the Zoning Review Committee proposals as well as comments from the public.

“If this needs to be addressed, it will be addressed,” she said.

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