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Airport Saga Anew

Airport Saga Anew

Noise complaints up 133 percent so far this year
By
Joanne Pilgrim

A year after a court annulled town laws setting overnight curfews at East Hampton Airport, town officials opened discussions this week about whether to apply to the Federal Aviation Administration for permission to reinstitute restrictions in order to reduce aircraft noise. The process could cost up to $2 million, or more, and take two or more years.

“If the Town of East Hampton chooses to take this path and they succeed, they would be the first airport in the country to do so,” Bob O’Connor, an attorney who heads the aviation and airports practice at Morrison Foerster, a nationwide firm hired to guide East Hampton in addressing noise complaints, said at a meeting at Town Hall on Monday.

The attorney, along with Councilwoman Kathee Burke-Gonzalez, the town board’s liaison on airport matters, met with several groups on Monday. It was followed by a presentation at a town board meeting Tuesday about the requirements for the application process, known as a Part 161 procedure.

 Complaints about aircraft noise rose sharply so far this year, showing a 133-percent increase from January through July this year, although the number of takeoffs and landings in that period were about the same as in 2016. This year, from January through July, 30,821 complaints were lodged, compared to 13,234 complaints for all of 2016. However, because of the way some complaints are filed, it is impossible to determine how many individuals or households filed the complaints, Mary Ellen Eagan, a consultant, said this week.

In order to gain approval from the F.A.A. to restrict aircraft traffic, the town would have to meet a number of requirements under the federal Airport Noise and Capacity Act, which was instituted to ensure standardization of noise restrictions at airports nationwide, The law requires that proposed regulations comply with six standards: that restrictions are reasonable, nonarbitrary, and nondiscriminatory, that they do not create an unreasonable burden on interstate or foreign commerce or burden other airports, that they do not impede safety or conflict with the law, and that there has been sufficient public comment and involvement. Proposed restrictions would be developed by the town board in consultation with its airport advisers and the public over the coming months if the application process gets underway.

Overnight curfews are likely to be among the goals; in effect for two summer seasons before being overruled by the court, the town believes they were effective and generally accepted by the aviation community.

“The curfews worked,” Ms. Burke-Gonzalez said on Tuesday, “but we need to find something that would get us [able to limit] frequency. That’s the other piece of the puzzle.” A once-a-week limit on visits to the airport by noisy planes, adopted with the curfews in 2015, was barred at the outset by the court after the aviation industry sued. Also to be decided would be which aircraft would be restricted, based on standardized ratings of how noisy they are, from Stage One (noisiest) through Stage Three (quietest).

Only seven airports have attempted to gain F.A.A. permission for local regulation under the federal law, known as ANCA, and none have attempted to regulate Stage Three aircraft, likely to be the focus of East Hampton’s effort. Of the seven, two of the completed Part 161 applications were denied, four were abandoned by the airport owners, and one — from Naples, Fla. — was approved, for Stage Two jets. Naples spent five years on the process at unknown cost. Because many aircraft, including helicopters, fall into the Stage Three category, Mr. O’Connor suggested that East Hampton target them. 

The two Part 161 applications that were fully reviewed and then denied by the F.A.A. were filed by Los Angeles International Airport and the Burbank-Glendale-Pasadena Airport, also in California. Ruling on these applications took 9 and 10 years and cost $3 million and $7 million, respectively.

While the outcomes of previous attempts might “seem to be very daunting and discouraging,” Mr. O’Connor said, the airports in question were “much larger commercial airports” with more extensive and complex issues to be considered.

“I want to emphasize some of the unique circumstances of this airport and this community,” the attorney said. East Hampton has the advantage of having already tracked and compiled reports on airport operations and noise complaints, he said. He noted that in a ruling regarding a mandated helicopter route along Long Island’s North Shore, the F.A.A. had acknowledged the validity of noise complaints as a legitimate problem caused by air traffic.

And, although the Second Circuit Court of Appeals ruled against the town’s curfews, saying they could not be adopted without going through the Part 161 process, one of the panel’s judges called the overnight ban on takeoffs and landings reasonable, given the town’s data on disturbance to the community.

“The pros and cons will look very different,” Mr. O’Connor said. “I do believe the restrictions will provide great benefit to the community.”

Speaking for the East Hampton Aviation Association during that group’s session on Monday, Kathryn Slye raised concerns about the veracity of data compiled by consultants on noise complaints logged in to one of two separate systems with differing procedures, and of an economic analysis of the airport and the effects of potential regulations, both of which would have to be assessed in the application to the F.A.A. “We need to make sure that the data is both objective and accountable,” Ms. Slye said.

“The aviation association has always supported reasonable restrictions,” said Gene Oshrin, also an aviation association member and its representative to the town’s airport advisory committee. The association had encouraged the town to undertake the Part 161 process from the start, he said, but “unfortunately the town was encouraged to go down a different route.” Based on a memo from the F.A.A. to then-Congressman Tim Bishop, and on the advice of Peter Kirsch, the town’s former aviation attorney, the board enacted the now-voided airport restrictions without applying to the F.A.A.

Current town board policy is to decline F.A.A. grants, which require the town to agree to assurances, or agreements, with the F.A.A. regarding the operation of the airport. The assurances still in place will expire in 2021, and freedom from them may allow the town greater ability to institute its own regulations.

But in the decision that struck down East Hampton’s regulations, the federal court ruled that the federal law applies “to public airport operators regardless of their federal funding status,” Mr. O’Connor said. With the court ruling that regardless of F.A.A. grants the ANCA law still applies, Ms. Slye asked why the town would not once again begin accepting F.A.A. grants to pay for airport maintenance or other projects. The only reason for the town to continue to decline F.A.A. money would be if officials want to keep open the option of closing the airport once all the grant assurances expire, Mr. Oshrin suggested.

“I think that gives us leverage with the F.A.A.,” Ms. Burke-Gonzalez said. “The last thing the F.A.A. wants to see is KHTO [East Hampton Airport] closed. “Our constituents,” said Patricia Currie of the group Say No to KHTO, (its name a reference to the aviation designation) come from “far beyond the town,” and have a “conviction that the only way to gain peace and quiet and restore quality of life — it has to close.”

Representatives of Montauk United also attended this week’s meetings, stressing that consideration of airport regulations at East Hampton must take into account their effect on traffic at Montauk’s private airport. “I would never consider doing something only to displace the problem elsewhere in my constituency,” Councilman Peter Van Scoyoc said.

Jerry Larsen, a Republican candidate for town board, and Manny Vilar, who is running on the same ticket for supervisor, raised an issue about the possible outcome of pending administrative proceedings before the F.A.A., which question the use of airport fund money for legal fees incurred to defend the 2015 restrictions. If the town is required to reimburse the airport budget for the money, or fines are levied, they suggested, the cost of undertaking a Part 161 study could fall on the taxpayers.

Airport-related costs are paid with revenue that comes in to the airport. “We are vehemently opposed,” Town Supervisor Larry Cantwell said, to using non-airport tax dollars for airport costs.

Should the town decide to proceed, the first step would be to engage consultants to do an economic analysis. A complete application could be readied by November 2018, Mr. O’Connor said, and, if no further submissions were required, the town could have a decision from the F.A.A. by the middle of 2019.

12 Years in Prison for Panoramic Ponzi Scheme

12 Years in Prison for Panoramic Ponzi Scheme

Gurney's Resort has taken over Montauk property that was once the Panoramic View
Gurney's Resort has taken over Montauk property that was once the Panoramic View
By
T.E. McMorrow

Brian R. Callahan, a hedge fund manager who bilked his investors of some $96 million in a Ponzi scheme involving Montauk's Panoramic Resort, was sentenced Friday at the federal courthouse in Central Islip to serve 12 years in prison, with three years' supervised release. Mr. Callahan, 47, pleaded guilty to securities fraud and wire fraud in 2014.

Before the real estate market crashed in 2007, Mr. Callahan, with his brother-in-law, Adam Manson, purchased the Panoramic View, a once-grand beachfront motel. Between December 2006 and February 2012, according to statements made in court, Mr. Callahan diverted some $96 million from his four hedge funds, promising investors that their money was safe in securities, hedge funds, and mutual funds, but in fact using the money to prop up the Panoramic, as well as to enrich himself. According to the prosecution, he spent some $6 million on houses in Westhampton and Old Westbury, on cars including a Range Rover and a BMW, and on golf club dues and other personal expenses.

Meanwhile, the government charged, he was operating a "large-scale" Ponzi scheme, commingling money from his various hedge funds to pay millions of dollars in redemptions to investors to keep the scam going, "causing some to lose their life savings, and to delay their retirements," said Acting United States Attorney for the Eastern District Bridget M. Rohde. Like Bernie Madoff, he sent fake statements to the investors indicating that their money was making more money.

On Friday, Judge Arthur D. Spatt ordered Mr. Callahan to pay over $67 million in restitution to the victims, many of whom wrote letters to the court describing the damage done to them.

"He will do this again," wrote Janice Witt, a small-business owner who lost $45,000. "He is a destructive predator who cuts a wide swath."

Mary Thomajam, who lost $400,000, wrote, "When I encountered Brian Callahan, I was 58 years old and single. I had saved my money for my lifetime and I was on the cusp of my life dream of opening a foundation to contribute to and facilitate good works on the planet. That dream is far behind me now. Just a few months after investing, I received the letter that the S.E.C. was investigating Mr. Callahan for engaging in a Ponzi scheme . . . Brian Callahan with his calloused malfeasance has robbed my fortune, my dreams, and destroyed my life."

Another who wrote the court was a psychologist, Scott Johnson. "I am emotionally as well as financially devastated. I am in constant fear that I will not be able to take care of myself in the coming years, that I might be blind one day, and I try not to worry, but I do not sleep at night with concern for my future."

The Panoramic, which Mr. Callahan and Mr. Manson bought for $32 million, has since been sold, for $63.9 million, to the owners of the neighboring Gurney's Resort, who have since folded the property into Gurney's. That sale netted over $40 million for a fund set up for Mr. Callahan's victims. His brother-in-law, who has pleaded guilty to one charge of conspiracy to commit securities fraud, is scheduled to be sentenced on Sept. 29.

 

Update: Officials Prepare for Wind, Flooding as Hurricane Jose Passes By

Update: Officials Prepare for Wind, Flooding as Hurricane Jose Passes By

Tony Medeiros and Ray Gilliam of the East Hampton Village Department of Public Works secured garbage can lids in anticipation of high winds associated with Jose.
Tony Medeiros and Ray Gilliam of the East Hampton Village Department of Public Works secured garbage can lids in anticipation of high winds associated with Jose.
Durell Godfrey
By
Taylor K. Vecsey

Update, Sept. 19, 10 a.m.: East Hampton Town officials have advised residents to continue to monitor the track of Hurricane Jose, which is expected to pass 200 miles east of Long Island. The town is expected to be under a tropical storm watch through Wednesday. 

The National Weather Service expects winds between 30 and 40 miles per hour, two to three inches of rain, heavy surf, and a two to three-foot tidal surge peaking around high tide at 9 a.m. on Wednesday.

Original, Sept. 18, 5:16 p.m.: Government officials are closely monitoring Hurricane Jose, which is expected to bring tropical storm-force winds and rain to the East End as early as Monday night while it passes several hundred miles south-southeast of Montauk. A tropical storm watch is in effect for both Suffolk and Nassau Counties.

Low-lying coastal areas throughout both East Hampton and Southampton Towns may experience flooding. A two to three-foot tidal surge, peaking during high tide Wednesday at 9 a.m., is possible. An expected 3 to 5 inches of rainfall Tuesday and Wednesday are in the forecast, along with winds of 25 to 35 miles per hour, with gusts up to 45 m.p.h.

In East Hampton, Supervisor Larry Cantwell met with town emergency personnel to discuss preparations and possible impacts from the storm. In Southampton Town, Police Chief Steven Skrynecki convened a meeting with fire and emergency medical service chiefs to go over coordination. Southampton Town's emergency operations center will open at noon on Tuesday to field storm-related calls.

To prepare, residents should take in lawn furniture and other loose outdoor items or tie them down. Stocking up on supplies like water, food, batteries, and gas for generators has been advised. As a reminder, generators and grills should only be used outdoors.

In East Hampton, storm-related non-emergency calls, like reporting a downed tree limb, should be reported to the East Hampton Town Police Department at 631-537-7575. In Southampton Town, non-emergency calls are being directed to 631-728-5000.

Residents should contact PSEG-LI to report any outages at 1-800-490-0075. Outages can also be reported by texting “OUT” to 773454.

For a list of storm-related cancellations can be found on The Star's website by clicking here.

The Coast Guard has advised mariners and swimmers along the coast to use caution throughout the week. Strong rip currents are expected. Boaters have been advised to double-check lines securing boats in the water.  

Princess Diner Owner, Manager Allegedly Stole Workers' Wages

Princess Diner Owner, Manager Allegedly Stole Workers' Wages

Richard Bivona, left, and John Kalogeras, right, were charged with withholding workers' wages at the Princess Diner in a 35-count indictment
Richard Bivona, left, and John Kalogeras, right, were charged with withholding workers' wages at the Princess Diner in a 35-count indictment
Courtesy of the New York State Attorney General
By
Taylor K. Vecsey

The owner and manager of the Princess Diner in Southampton were arrested following a 35-count indictment on charges that they withheld over $82,000 in wages from 13 employees and threatened the workers and their families when they asked to be paid. 

New York State Attorney General Eric T. Schneiderman announced the indictment on Tuesday. Richard Bivona, the owner of RJT Food & Restaurant L.L.C., and John Kalogeras, the manager and a former owner of the diner, were charged with repeatedly failing to pay restaurant workers and scheming to defraud those workers and harassment. According to Mr. Schneiderman, they continually lied to the workers about eventually receiving full compensation. 

According to the attorney general's office, Mr. Bivona, 57, of Water Mill, became the owner of the Princess Diner on Montauk Highway between Aug. 15, 2016, and Dec. 31, 2016. Mr. Kalogeras, 56, of Commack, had been the owner for many years and continued to run the day-to-day operations. Restaurant employees, including cooks, dishwashers, busers, and servers, many of whom had worked for the diner for over 10 years, also remained.

"The workers were allegedly paid far less than minimum wage and were often not paid any of their hourly wages on a weekly basis or at all," a statement from Mr. Schneiderman's office said. Prosecutors also asserted during the arraignment on Tuesday that workers did not receive overtime pay of time pluse one-half of their pay rate for their work, despite regularly working more than 40 hours per week. 

“A worker’s most basic right is the right to be paid for his or her work,” Mr. Schneiderman said in a statement. “These defendants allegedly engaged in a long-running scheme to not only steal their employees’ hard-earned money, but to intimidate and harass their victims when they attempted to speak up. We will not allow New York workers to be exploited and demeaned.”

The Princess Diner remained open on Tuesday afternoon.

The indictment, filed in Suffolk County, charges Mr. Bivona, Mr. Kalogeras, and RJT Food & Restaurant L.L.C., with nine counts of grand larceny in the third degree, one count of grand larceny in the fourth degree, one count of scheming to defraud in the first degree, all felonies; three counts of petty larceny, and 13 counts of failure to pay wages in accordance with the Labor Law, all misdemeanors. 

Additionally, Mr. Bivona and RJT Food & Restaurant L.L.C. are charged with one count of failure to secure workers’ compensation coverage, a felony; one count of failure to keep records in accordance with the Minimum Wage Act of the Labor Law, and two counts of willful failure to pay a contribution to the unemployment insurance fund. 

Mr. Bivona and Mr. Kalogeras were each charged separately with two counts of harassment, a violation.

Arraigned before Acting Supreme Court Justice Fernando Camacho, they were released on their own recognizance following arraignment in Central Islip. They are due back in court on Oct. 20.

The Attorney General said the New York State Department of Labor, the New York State Workers’ Compensation Board, the Suffolk County District Attorney’s Office, and the Southampton Town Police Department were involved in the investigation. 

D.E.C. Officers Target Another Party Boat

D.E.C. Officers Target Another Party Boat

D.E.C. officers dockside in Montauk after seizing what they said were about 1,800 undersized fish left by anglers who had been aboard the Viking Starship party boat on Sept. 16.
D.E.C. officers dockside in Montauk after seizing what they said were about 1,800 undersized fish left by anglers who had been aboard the Viking Starship party boat on Sept. 16.
By
Christopher Walsh

On Saturday, for the second time in three weeks, State Department of Environmental Conservation officers boarded a Montauk-based party boat and charged anglers with possessing undersize and over-the-limit black sea bass and porgies.

Benning DeLaMater, a D.E.C. public information officer, said in an email yesterday that the agency’s officers, along with a fisheries enforcement officer from the National Oceanic and Atmospheric Administration, had been on patrol in Montauk Harbor and inspected the Viking Starship when it returned to port. All the anglers were checked as they offloaded their catch, with 23 found to be in violation. 

Twenty-six tickets were issued, citing possession of undersize black sea bass, possession of over-the-limit black sea bass, and possession of over-the-limit porgy, among other violations. The captain of the Viking Starship, Dave Marmeno, a 30-year-plus employee, was cited for an unsecured sanitation device.

A subsequent inspection of the vessel allegedly turned up more than 1,800 additional fish in 9 coolers and 19 buckets, all of which had been abandoned. The abandoned fish were donated to the Riverhead Senior Center and the Bowery Mission in Manhattan. The tickets have an appearance date in East Hampton Town Justice Court in November. 

Under current regulations, the limit for black sea bass is 8 per angler, and 45 porgies for anglers aboard party or charter boats.

Orla Reville, the Viking Fleet’s business manager, took exception to the D.E.C.’s description of the incident and the numbers it cited. Some of the 126 anglers aboard the vessel, which left the dock at 5 a.m., had arrived at midnight, she said yesterday, and some were still on the boat at 7 p.m., as the D.E.C. officers had cordoned the area while they performed a lengthy inspection. “Quite a few customers left without any fish,” Ms. Reville said. “To say all 1,800 abandoned fish were from overfishing is not accurate.” 

Many of the anglers were Latino or Korean-speaking, she said, and may not have fully understood the regulations, and many others were African-American. Several passengers on Saturday’s trip subsequently reported feeling intimidated, she said, by what she called a heavy-handed action by armed officers.

“We make every effort to inform customers and enforce regulations, starting at the point of sale at the office,” Ms. Reville said. Size and possession limits are printed on the anglers’ tickets, and signs on the fleet’s vessels give the same information. A vessel’s captain announces that information at every location where fishing occurs, she said, and there are tools for measuring fish on each of the fleet’s vessels. 

“Our crew will not and do not handle undersize fish of any kind,” she said. “We will continue to be as vigilant as we are.”

Paul Forsberg, who operates the Viking Fleet, also disputed the statistics cited by the D.E.C., as reported in Newsday.

Environmental conservation law does not hold an owner or a captain responsible for the fishermen on his vessel, a D.E.C. spokeswoman said, unless D.E.C. officers witness staff assisting with or taking responsibility for the catch.

On Aug. 31, State D.E.C. officers observed fish being thrown overboard from another party boat, the Fin Chaser, and ordered the anglers aboard to stop what they were doing. The orders were ignored, according to a D.E.C. spokeswoman. 

In that incident, officers estimated that “hundreds of pounds” of illegal black sea bass, fluke, and porgy were dumped into Montauk Harbor. Once at the dock, they inspected the fishermen as they left the boat. The anglers were cited for possession of over-the-limit black sea bass, possession of over-the-limit porgy, possession of undersize black sea bass, possession of undersize summer flounder, and failure to stop dumping upon command. 

Seventeen coolers went unclaimed, according to the D.E.C., and the abandoned fish that could be saved were donated to a Long Island charity. Eight people were ticketed, including the captain, Keith Williams, who was cited for an incomplete vessel trip report. Seven violations were issued, as well as a misdemeanor for failure to stop dumping upon command.

Capt. Gene Kelly, who operates the website montauksportfishing.com, told The Star last week that he believes many anglers who fish for porgies on party boats take them home and sell them. Party boat captains, he said, “would probably lose a lot of business if the clients thought they couldn’t sell the fish.”

Nature Notes: Rare White Hummingbird

Nature Notes: Rare White Hummingbird

Alexandra Carr, a 13-year-old birdwatcher, was delighted to find an albino hummingbird at one of her family’s feeders in Amagansett earlier this month.
Alexandra Carr, a 13-year-old birdwatcher, was delighted to find an albino hummingbird at one of her family’s feeders in Amagansett earlier this month.
Lisa Ann Carr
Almost anyone who been in close contact with an albino has experienced a Zen-like sense of wonderment
By
Larry Penny

Some of you may remember seeing the pure white stag that occupied the Village of North Haven for several years in a row about 25 years back. There was another similar albino deer inhabiting the northeast side of Accabonac Harbor, a few years later.

There have also been several partially white deer, grackles, turkeys, and a handful of other wild animals around, not true albinos but leucistic, or partially white, including one spotted recently on Napeague.

Then there are a host of white birds we see all the time: mute swans, snowy egrets, great egrets, and various pigeons. Many species that live in the world’s boreal zone, such as polar bears, ptarmigans, snowy owls, beluga whales, ermines, and arctic foxes are white, but none of these are considered albinos. Whiteness in such species has its advantages, especially in snowy and icy habitats.

On the other hand, if you are white like the North Haven stag and living in a gentler climate, such as we have on Long Island, you become a target. Maybe, that is why we see many more leucistic, i.e., semi-albinos, than pure albinos.

Albinism is a complete absence of melanin. It can occur in humans, too, and makes exposure to the sun for long periods dangerous.

In all my years of communing with natural history, here, on the West Coast, and in Japan and New Guinea, I have yet to encounter a true albino among the millions of birds, mammals, lizards, snakes, turtles, salamanders, frogs, toads, and fish that I have come across in the wild. In other words, albinos are extremely rare.

Almost anyone who been in close contact with an albino has experienced a Zen-like sense of wonderment. To be young and see an albino out in the wild is even more stirring. That is the case with Alexandra Carr, a 13-year-old teenager who was checking out the wildlife around the family property north of Abram’s Landing Road in Amagansett. Already a budding naturalist for many years, she was astounded to see a pure white hummingbird at one of the family’s assorted hummingbird feeders. The hummingbird was normal in every other respect — size, flight pattern, etc. — but pure white with red eyes and a pink bill, the characteristics of true albinism.

Hummingbirds the world over are among the smallest of birds. They are superb aerial acrobats, can hover for minutes on end, zoom in or away in the blink of an eye, and even fly backward if they have to. Obviously, such a tiny bird that nectars on flowers in the open has to have special abilities to avoid predation, and the hummingbird does.

Both Alexandra and her mother, Lisa Ann Carr, watched the white hummingbird for several hours as it came and went frequently to feed. At times it would fight with a normally colored female over the feeder. Then, both would feed together, within a foot of each other, before they resumed fighting. 

The two took photos and videos of the tiny white bird. Alexandra went so far as to put a feeder in her hand as she sat motionless, letting the bird feed a few inches from her. I am reminded of the nuthatches, chickadees, cardinals, titmice, and downy woodpeckers that take seed from the outstretched hands of those visiting the Morton Wildlife Refuge. A combination of hunger and trust keeps such behavior going year after year. Obviously, the albino hummingbird trusted Alexandra to a similar degree.

It is the time for hummingbirds to migrate south. Some go all the way to Central America. The white hummingbird hung around for several days, but then disappeared. Maybe other humans to the south of here will be enchanted in the same way that Alexandra and her mother were as that tiniest of birds stops to feed along the way. 

When I was pursuing a master’s degree at San Francisco State University in the early 1960s one of my professors was Robert Bowman, an ornithologist. He spent a summer on the Galapagos Islands with a graduate student and related to me that he could walk up to one of the Darwin finch species and pick up the perch it was sitting on without causing a flurry of flight and other evasive activity. Wild birds are not dummies. They are as sensate as deer, chipmunks, and almost all other vertebrates.

Alexandra is not so different from her teenage friends, but has a special fondness for birds, deer, and the natural world. Her mother shares her daughter’s fascination with all things living, which is a special bonus. It was my late sister, Margie, who took me for walks when I was 6 and 7 years old and introduced me to May pinks (trailing arbutus) and other wildflowers. That little bit of sisterly nudging led me into the wonderful world of nature. 

Alexandra, you go girl!

 

Larry Penny can be reached via email at [email protected].

Whittle’s East Hampton Holdings in Jeopardy

Whittle’s East Hampton Holdings in Jeopardy

By
Irene Silverman

The Suffolk County Sheriff’s Office has moved to enforce a judgment handed down recently in Suffolk Supreme Court against one of the largest landowners in East Hampton Village, the education entrepreneur Christopher Whittle.

Legal notice of the proposed sale of three separate properties belonging to Mr. Whittle, two on Briar Patch Road, where he owns an 11-acre estate bordering Georgica Pond, and the third on Irma Court off Gould Street, appeared last week in this newspaper and is scheduled to run again on Sept. 28, Oct. 12, and Oct. 26. According to the notice, all three parcels are to be put up for sale at 11 a.m. on Nov. 14, in the auditorium of the sheriff’s office in Yaphank.

The plaintiff is named as Sonny Varkey, who is described by Wikipedia as a Dubai-based billionaire. Mr. Varkey, the chairman of GEMS, a top-of-the-line network of for-profit schools in the United Arab Emirates, Great Britain, and his native India, is said to have lent Mr. Whittle an undetermined a sum of money several years ago, at the outset of a joint venture. It had not been repaid by Aug. 8, 2016, when judgment was first entered in New York County.

Mr. Varkey and Mr. Whittle first met in the United Kingdom in late 2007, according to published reports in the international press, while both were expanding their education empires there. Together, they planned to build a network of high-end schools in capitol cities worldwide, designed for the children of diplomats and executives who change jobs and cities every few years and need to uproot their families. All the schools would follow the same curriculum.

The financial crisis and recession that began in 2008 killed the partnership, which was to have been bankrolled, at least in part, by Mr. Varkey.

With his East Hampton holdings in jeopardy, the amount of the judgment against Mr. Whittle is surprisingly low, “between $2 million and $4 million,” according to the county sheriff’s office.

Rose Coveney of the office’s Civil Bureau, which placed last week’s legal notice in The Star, said on Monday that it had been meant to appear earlier, but that that publication had been canceled. “I was surprised he got this far, to advertise,” she said, apparently meaning Mr. Varkey. “I don’t understand why he didn’t settle.”

She cautioned prospective bidders to do “a lot of research” before venturing to Yaphank in November. “This is not a foreclosure,” she explained. “It’s a ‘judgment sale’ on his [Mr. Varkey’s] interest in the property, sold subject to any valid liens. We don’t give clear title but ‘sheriff’s sale deed.’ ” So, she said, a bidder would be wise to research mortgages and outstanding liens. “You have to be careful,” she warned.

Mr. Whittle’s Briar Patch estate has been on the market with an asking price of $140 million since 2014. Lawyers said this week that no one could buy it now, at least not while it is subject to the judgment.

Mr. Whittle could not be reached for comment. A woman who answered a call to the East Hampton house said he was not there and she did not know when he would be, and that “the manager” was not there either.

East Hampton Man Dies in Southampton Motorcycle Crash

East Hampton Man Dies in Southampton Motorcycle Crash

By
T.E. McMorrow

An East Hampton man who witnesses said was riding east on a 2016 Suzuki motorcycle Thursday evening "at a high rate of speed" died following a collision with an eastbound 2015 Ford Fusion on County Road 39 in Southampton.

The collision occurred west of the Shinnecock Golf Course. According to Southampton Town Police Lt. Susan Ralph, the Fusion was making a right turn from Greenfield Road onto County Road 39 after a full stop when it was hit by the motorcycle.

Police said the driver of the motorcycle, Allan Alvarez, 21, was not breathing when they arrived at the scene. Officers immediately began cardiopulmonary resuscitation in an effort to save the man, who was transported to Stonybrook Southampton Hospital, where he later died, police said. Milos Djurasic, 22, of Southampton, the driver of the Ford, was not injured in the collision. After interviewing witnesses, police declined to issue any citations.

A third vehicle, a westbound 2011 BMW driven by Laurie Gianelli, 52, of Smithtown, was struck by debris from the crash. She, too, was unhurt, police said. The accident occurred shortly after sunset, though police said light was not an issue in the crash.

 

Forecast: Hurricane Jose Off Montauk on Wednesday

Forecast: Hurricane Jose Off Montauk on Wednesday

The center of Hurricane Jose is expected to be off Montauk by Wednesday, though its path could change substantially over the coming days.
The center of Hurricane Jose is expected to be off Montauk by Wednesday, though its path could change substantially over the coming days.
National Hurricane Center
By
David E. Rattray

In the latest forecast, Hurricane Jose could affect the Northeast coast on Tuesday, coming perilously close to Montauk and the Hamptons, as well and Nantucket by Wednesday morning.

The National Hurricane Center said that the center of the Category 1 storm would pass well east of North Carolina early next week with tropical storm-force winds.

"Farther north along the U.S. East Coast, the chance of some direct impacts from Jose is increasing, but it is too soon to determine their exact magnitude and location," David Zelinsky, a meteorologist at the National Hurricane Center in Miami, said in forecast discussion issued on early Saturday morning.

Hurricane Jose path models show it turning to the north on Saturday and growing larger. Large ocean swells from the storm were already affecting eastern Long Island with higher waves affecting Bermuda, the Bahamas, the northern coasts of Hispaniola and Puerto Rico, and the Southeast U.S. Dangerous surf conditions are expected along the mid-Atlantic, Long Island, and New England coast over the next few days.

The hurricane center said that people from North Carolina to New England should monitor the progress of Jose through the weekend.

Mr. Zelinsky said that Hurricane Jose's actual path could vary from the current predictions by as much as 175 miles on Wednesday. With the storm expected to be close to eastern Long Island by that point, just how much wind and rain can be expected is difficult to pin down. The National Weather Service expects tropical storm conditions in Montauk beginning late Tuesday.

Hurricane Jose is not expected to become a substantially more powerful storm, with sustained winds topping out at 85 miles per hour. Hurricane Irma, which devastated parts of the Caribbean and Florida last week, had winds in excess of 155 miles per hour and higher gusts.

Hurricane Bob, which skirted eastern Long Island in August 1991, had maximum sustained winds of 115 miles per hour, making it a Category 2 storm.

Tropical storm conditions are expected on Long Island on Wednesday, but the likelihood of a direct hit from the Category 1 Hurricane Jose remains low, the National Hurricane Center said in a Saturday forecast discussion.

 

Hurricane Jose's Path Shifts Away From Coast

Hurricane Jose's Path Shifts Away From Coast

A beachgoer stopped for a photograph at Indian Wells in Amagansett on Saturday afternoon.
A beachgoer stopped for a photograph at Indian Wells in Amagansett on Saturday afternoon.
Durell Godfrey
By
David E. Rattray

With three tropical weather systems churning in the Atlantic, people along the Northeast shoreline were able to relax a little after forecasters said the expected path that Hurricane Jose would take would be farther from the United States mainland than initially thought.

The National Hurricane Center in Miami said that Jose continued to pack 80-mile-per-hour winds on Sunday and that little strengthening was anticipated.

Weather conditions for eastern Long Island were still expected to worsen by Tuesday. Forecasters at the National Weather Service said that tropical storm conditions were likely on Tuesday, with rain and wind from the northeast up to 33 miles per hour.

A high-surf advisory was in effect for Long Island's ocean beaches. Building swells could lead to some dune erosion, localized washovers, and dangerous rip currents through the middle of the week, the weather service said.

Elsewhere in the Atlantic, the National Hurricane Center was tracking two other systems.

Tropical Storm Maria was expected to become a hurricane early Monday and threaten some of the Caribbean islands that were devastated by Hurricane Irma. Hurricane watches were issued for Antigua, Barbuda, St. Kitts, Nevis, Montserrat, Guadeloupe, Dominica, Saba and St. Eustatius, St. Maarten, and Anguilla. The powerful storm's projected path included landfall in Puerto Rico and the Dominican Republic by the end of next week.

Tropical Storm Lee, farther out in the Atlantic, was not expected to strengthen significantly or pose a threat to land.