CITYWIDE

9/11 FIREFIGHTERS’ FAMILIES LOSE RADIO LAWSUIT

Families of New York firefighters killed at the World Trade Center on September 11 failed yesterday to persuade the Supreme Court to allow them to go forward with a lawsuit against New York City and Motorola for supplying the rescuers with faulty radios.

The high court let stand a decision by a lower appellate court. The lower court dismissed a lawsuit blaming the city and Motorola for supplying firefighters with handheld communications devices that prevented them from hearing evacuation orders while they were in the north tower trying to rescue people.

A three-judge panel of the 2nd Circuit U.S. Court of Appeals said the families had waived their right to sue when they accepted money from the September 11 Victim Compensation Fund.

The fund was created when Congress passed the Air Transportation Safety and System Stabilization Act, which was designed to keep airlines from being ruined financially and sending the nation’s economy into further chaos.

The firefighters’ families argued that the lower courts had misinterpreted the law and Congress’ intent.

The families accused New York and Motorola of entering into a fraudulent, no bid contract that supplied firefighters with ineffective radios that city and company officials knew for years did not work in high-rise buildings.

– Associated Press

STATEWIDE

WHITE HOUSE CALLS CLINTON’S ATTACK ‘OUT OF BOUNDS’

The White House charged Senator Clinton with being “out of bounds” when she said Monday that the Bush administration was “one of the worst” in American history and compared the Republican House to “a plantation.”

White House spokesman Scott McLellan was asked about sharp remarks from two nationally prominent Democrats, Mrs. Clinton and former Vice President Gore.

Mr. Gore, in a separate Monday speech, called for an independent probe of the administration program that listened in – without a warrant – on Americans suspected of talking to terrorists overseas.

Asked about the criticism coming from the two high-profile Democrats on the same day, Mr. McClellan said, “Well, I think we know, one tends to like or enjoy grabbing headlines; the other one – sounds like the political season may be starting early.”

– Associated Press

WELD SAYS NEW YORK’S BUSINESS COMMUNITY NEEDS MUCH WORK

ALBANY, N.Y. – Former Massachusetts Governor Bill Weld had a grim picture to paint for New York’s business community yesterday.

A declining population, skyrocketing property taxes, and bloated government have made New Yorkers “vote with their feet” and move to other states, said Mr. Weld in a closed-door speech to the Business Council of New York State’s Board of Directors. Mr. Weld is one of several candidates seeking the Republican nomination for New York governor.

Touching on themes dear to the Business Council, Mr. Weld suggested cutting the state work force, asking new public employees to contribute to their pension plans, and moving more Medicaid patients into managed care programs. He wants to eliminate the state’s prevailing wage law that requires contractors to pay standard wages for a certain area and the Wicks Law, which requires multiple contracts on most local construction projects.

“New York taxpayers would save many billions of dollars a year if New York had an average number of public employees per capita, instead of being at the top,” Mr. Weld said. He cut 8,000 positions, or 10 percent of the state work force, in his first year as Massachusetts governor and said he would aim to do the same in New York.

– Associated Press

POLICE BLOTTER

TWO MEN ROB A COUNTERFEIT GOODS STORE

Police arrested a man who allegedly robbed a Manhattan store, but said his accomplice remains at large as of last night.

Derrick Bailey, 36, of Stanley Avenue in Brooklyn, was charged with robbery and criminal possession of a weapon yesterday after police said he and an 18-year-old accomplice robbed a store selling counterfeit goods, including counterfeit CD’s, and more. According to police, the two suspects entered the third-floor shop on Broadway in Midtown yesterday around 10:30 a.m., wielding a gun and demanding cash. Police said they tied up two male employees, and fled with some items from the store.

One of the victims freed himself and notified nearby police officers, police said. During a subsequent search of the neighborhood, police briefly chased Mr. Bailey, and apprehended him at the intersection of 30th Street and Eighth Avenue, police said. Police said they also recovered a loaded 40-caliber Smith and Wesson firearm. The victims and a police officer were taken to Bellevue Hospital with minor injuries.

Police said they did not know if additional arrests – of those associated with the counterfeit goods store – would stem from the incident, although an investigation is ongoing.

– Special to the Sun

MAN CRUSHED BY GRANITE SLAB

A man died yesterday after being crushed by thousands of pounds of granite, police said.

The accident reportedly took place at Caesar’s Stone, a masonry store on 19th Avenue in Astoria, police said. According to police, the victim was trying to break off icicles that had formed on top of the vertically-positioned granite slabs, when he may have slipped. Police said 2800-lbs. worth of granite pieces fell on top of him.

As of last night, police did not identify the man, pending family notification. Police said he was taken to Queens General Hospital, where he died. A co-worker who was reportedly distraught over the accident was also taken to the hospital, police said.

– Special to the Sun