The New Albany, Ohio-based retailer says it will close 180 locations nationwide by 2015. It has not disclosed which stores.

Abercrombie CEO Mike Jeffries made the announcement during a call with analysts last week.

“Our results for the fourth quarter were below our expectations in an extremely challenging environment,” Jeffries said.

The retailer, known for its edgy advertising and trendy clothing, operates 1,014 stores nationwide.

The company has two Indianapolis stores, at Circle Centre and the Fashion Mall at Keystone. (Star report)

Article source: http://www.indystar.com/article/20120221/BUSINESS/202210309/Abercrombie-Fitch-close-180-stores-U-S-by-2015

The Columbus Dispatch

Wednesday February 22, 2012 11:17 AM

Abercrombie Fitch is again ranked among the nation’s best retailers after falling off the list last year when the company was dealing with a difficult downturn.

 The New Albany-based teen retailer climbed to the No. 45 position on Interbrand’s Top 50 Best Retail Brands for 2012. It had been No. 49 on the New York-based consulting firm’s list in 2010 and No. 27 in 2009.

“With sales up 22 percent, Abercrombie Fitch is returning to form,” said Bruce Dybvad, CEO of Interbrand Design Forum, a New York consulting firm. “It’s opening new stores around the world in cities like Paris, Madrid, Dusseldorf, Brussels and Singapore, bringing its distinct visual style to a broader audience.”

For a company to be included on the Interbrand list this year, the brand value must be at least $771 million. Abercrombie’s brand value was $962 million, the report said. Brand value is defined as the amount of profit that investors receive that is attributable to the brand itself.

 “There is no mistaking the Abercrombie Fitch visual style, which extends into social media, where the brand has a distinct presence and millions of followers,” the Interbrand report said, despite some parents’ disapproval of “the brand’s sexualization of young people.”

Abercrombie officials were not available to comment on the listing.

 In addition to Abercrombie, three other central Ohio-based retailers moved up in the rankings. Limited Brands’ Victoria’s Secret rose two places to No. 18, and its Bath Body Works chain moved up one place to No. 40.

Columbus-based closeout retailer Big Lots rose two spots in the ranking to No. 43.

Victoria’s Secret was praised for having “kept its advertising fresh with variety,” the report said. “Because Victoria’s Secret brand recognition is so high in countries without brick-and-mortar stores, its international potential looks huge.”

Bath Body Works, which moved up to No. 40, “continues its focus on its customers, engaging them to a high degree via social media, and delivering a consistent and rewarding brand experience,” the report said. “While it experienced some changes in executive leadership, Bath Body Works’ luxury for the masses continues to win.”

Big Lots won praise in the report for its efforts to attract higher-income shoppers and its strategy of moving into former locations of high-end stores.

While the company is committed to “delivering the right customer experience,” Interbrand commented that Big Lots seems to be shifting its focus from national advertising to its Big Lots Buzz Club loyalty program, “perhaps at the expense of (customer) awareness.”

The No. 1 most-valuable U.S. retail brand was once again Walmart, the report said, with $260 billion in U.S. sales, “and a legitimate claim to 1.7 percent of the U.S. GDP.”

tferan@dispatch.com

Article source: http://www.dispatch.com/content/stories/business/2012/02/22/abercrombie-back-among-top-u-s--brands.html

ThisWeek Community Newspapers

Wednesday February 22, 2012 8:53 AM

Columbus School for Girls swimmer Ranndi Grubbs defeated one of her best friends in the 100-yard freestyle in the Division II district meet Feb. 17 at Ohio State.

Teammate Rachel Politi maintained that she swam more with fun on her mind than pressure.

But the Unicorns let little get in the way of business, clinching seven automatic berths and one at-large spot to the state meet, which began Feb. 22 and continues through Friday, Feb. 24, at Branin Natatorium in Canton.

Grubbs, a senior, finished first in the 100 free (52.83 seconds) and second in the 50 free (24.32). She also helped the 200 free relay to second place (1:39) and the 200 medley relay to fourth place (1:51.8) and at-large berth.

The Unicorns scored 291 points to finish second behind Granville (475) and 13 points ahead of third-place Columbus Academy.

“Today was over and beyond our expectations,” coach Chris Chenault said. “Our girls went out of their minds today. In all my years of coaching, I’ve never seen anything like this. It was phenomenal for these girls. Every single girl just went after their race.”

Grubbs edged longtime friend Suzanne Hrabowy of DeSales in the 100 free by .03 of a second and lost to Granville freshman Abby Stone by .11 of a second in the 50 free. She teamed with freshmen Rachel Politi and Kirby Boes and sophomore Erin Balasky in the 200 medley relay and Politi, sophomore Meredith Swartz and junior Erin Smith in the 200 free relay.

“When you’re in the water, you’re competitors and you have to forget about the friendship,” said Grubbs, who is seeded eighth at state in the 50 free and 10th in the 100 free. “But once we were out of the water, (Hrabowy and I) were so happy for each other, and I’m so excited she made it to state with me.”

The top two individuals or relays in each swimming event and the top three divers earned automatic berths to state. In addition, 16 at-large berths were awarded in each swimming event based on times from all the district meets.

Politi won the 100 butterfly (56.65) and was second in the 100 backstroke (58.31). She is seeded fourth and sixth at state in those events, respectively.

“I focused on my own race and what I was doing and tried to zone out everything else,” she said. “It was more having fun than worrying about the stress of the whole meet. It’s just fun coming into this experience.”

Balasky, Smith, Swartz and junior Keiko Wilkins guided the 400 free relay to a second-place finish (3:49.22). They are seeded 24th at state, as is senior diver Hailey Armstrong, who finished third (265.1) to qualify.

The 200 free relay is seeded sixth and the 200 medley relay is ninth.

The Unicorns also earned an honor outside the pool when Chenault and Kelly Standley, who share coaching duties, were named Division II Coaches of the Year.

“It’s flattering,” Chenault said, adding that each swimmer achieved personal-best times at district. “We owe it all to the girls.”

•After a bye for the first round of the Division III district tournament, the basketball team will play fifth-seeded Johnstown in a second-round game at 2:45 p.m. Saturday, Feb. 25, at New Albany.

CSG did not play Johnstown during the regular season.

The Johnnies, who are 17-4, defeated Ready 65-52 in a first-round game Feb. 18. Sophomore guard Natalie Carpenter scored 16 of her game-high 23 points in the second half and the Johnnies forced 23 turnovers.

Johnstown, which was 4-17 last year, starts only one senior, forward Sarah Thomas.

After winning their opener, 28-26 over Grandview Heights on Nov. 29, the Unicorns lost their next 19 games by an average margin of 33.6 points. CSG, which went 0-8 in the CCL, is averaging 24.5 points.

Senior forward Jackie Carroll averages a team-best 7.9 points.

This will be the Unicorns’ first game since Feb. 11, when they lost 69-17 to Watterson in their regular-season finale.

Article source: http://www.thisweeknews.com/content/stories/bexley/sports/2012/02/21/swim.html

Eric George/ThisWeek

Ryan Shaffer of Olentangy scores on a layup despite the efforts of Orange’s Nick Deitsch on Jan. 31. The Braves play Delaware in their Division I tournament opener Friday, Feb. 25, at Jonathan Alder.

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ThisWeek Community Newspapers

Wednesday February 22, 2012 10:21 AM

It wasn’t an ideal situation for the Olentangy Orange High School boys basketball team, but it was the corner into which the Pioneers had painted themselves.

Orange trailed OCC-Capital Division-leading Mount Vernon by one game entering its league finale Feb. 17. That meant to win a share of their third OCC-Capital title in the program’s four seasons, the Pioneers would need to defeat Delaware and hope that the Yellow Jackets would lose at New Albany.

The stars fell into place as Orange won 63-46 and New Albany earned a 47-43 victory.

“We heard rumors at halftime that New Albany had won, but we couldn’t pay attention to that,” senior guard Matt Kurelic said. “We knew we had to come out focused and put away Delaware. That’s the only thing we could control.”

After taking a 19-9 lead after the first quarter, Orange led 36-29 at halftime. Senior post player Andy Bosley scored nine of his 25 points in the third quarter to help the Pioneers seize control of the game.

“We came into the game very focused with the goal we had in mind,” said Bosley, who had four dunks against the Pacers. “We knew we had to win this game to have any chance of winning the (league) title.”

Orange and Mount Vernon tied for first at 11-3, followed by New Albany (10-4), Big Walnut (7-7), Delaware (7-7), Hilliard Bradley (6-8), Franklin Heights (3-11) and Watkins Memorial (1-13).

“This is the first group we have had here for four years and now they have a banner to go with the other two,” coach John Betz said. “These guys really deserved this. They are a good group of guys, and even though we have had some bumps in the road, we knew this would happen if we stuck together.”

One of the bumps in the road made the trip to the title more difficult. On Feb. 10, the Pioneers lost to Bradley 67-62 in overtime, putting them one game behind Mount Vernon.

“That (loss to Bradley) had been eating at me all week. I wasn’t a fun guy to be around,” Betz said. “I thought we had let something go — something that was a life memory. Now they can come back 30 years from now, look at their numbers up there and know they were a part of something great.”

Junior guard Nick Deitsch had 20 points with four 3-pointers and Kurelic added 11 points against Delaware.

“We got out in front and were able to spread our offense out,” Betz said. “We knew we had to get off to a good start because we didn’t start well in any of our losses.

“We played pretty good help defense. Brady Harris doesn’t always get a lot of credit offensively, but he played great defensively.”

The postseason begins Thursday, Feb. 23, for the Pioneers, who open at 7:45 p.m. against Canal Winchester in the first round of the Division I district tournament at Marysville.

“This has been a special group from day one and now we hope to make a district run,” said Betz, whose team is the ninth seed.

The teams have not played this season. The Indians enter the game at 10-10.

“(Winning a share of the league title) will definitely help with momentum,” Bosley said. “Now we just have to put our mind toward the tournament. We have reached one goal, now we have to work on another.”

The winner plays Reynoldsburg in the second round at 6 p.m. March 1 at Marysville. The Raiders had a first-round bye and finished the regular season at 11-9.

“It has been very, very intense.” senior guard Blake Hoskins said. “We knew since May of last year that we had a chance to do this. We reached our first goal, which is winning the league. The second is winning a district title. I can’t wait to get started working on that.”

•Olentangy opens the Division I district tournament against Delaware at 6 p.m. Saturday, Feb. 25, at Jonathan Alder.

The Braves finished the regular season 10-10 after losing to Westerville North 68-61 on Feb. 17 in an OCC-Cardinal game.

Liberty won the league title at 12-2, with North and Westerville South tied for second (11-3). Westerville Central (7-7) was fourth, followed by Dublin Scioto (6-8), Olentangy (6-8), Dublin Jerome (2-12) and Marysville (1-13).

During the regular season, the Braves defeated host Delaware 64-54 on Dec. 30 in the Larry Eberst Classic. Stephen Walczak scored 18 points, Ryan Shaffer had 16, Jordan Gingery had 14 and Seth Clark had 10.

Michael Wells scored 24 points to lead Delaware in the first meeting. Wells is averaging 25.2 points per game.

The winner plays sixth-seeded Newark or Marysville in the second round at 7:45 p.m. March 2 at Jonathan Alder.

Article source: http://www.thisweeknews.com/content/stories/olentangy/sports/2012/02/21/orange-earns-share-of-league-championship.html

Wiseman’s Union Appliance and Furniture in downtown New Albany sits next to what will be the start of the Rails to Trails project.

Wiseman expects a boost in traffic and business from the trail which is expected to attract hundreds of local and out of town bike and walking enthusiasts every year.

“People may know someone in the area, even if they’re far away, they may know someone and spark up a conversation about our area,” Wiseman told WCBI-TV (http://bit.ly/zXeqGg).

The Tanglefoot Trail will be a 44-mile stretch of former railroad, which will be made into a 10-foot wide paved path for bicyclists and pedestrians from New Albany to Houston, Miss., through Union, Pontotoc and Chickasaw counties.

“As far as city of New Albany is concerned, it’s very important, ’cause anywhere else in the country where they have done this they have noticed a big tourism increase and a lot of people who ride bikes are serious cyclists; they travel the country just to ride different trails,” said New Albany Mayor Tim Kent.

Organizers expect a host of economic advantages.

For example, the 40-mile Longleaf Trace between Hattiesburg and Prentiss has led to an increase in businesses catering to exercise enthusiasts and tourists.

The $9.6 million north Mississippi project is funded through a federal grant and state money. Each city and county along the path will provide money for ongoing maintenance and upkeep.

“As far as city of New Albany is concerned, it’s very important, ’cause anywhere else in the country where they have done this they have noticed a big tourism increase and a lot of people who ride bikes are serious cyclists; they travel the country just to ride different trails,” said New Albany Mayor Tim Kent.

Work is expected to progress quickly. The old railroad near downtown New Albany is already being removed. Paving will start soon with plans to complete the 44-mile trail within a year.

___

Information from: WCBI-TV, http://www.wcbi.com

Article source: http://www.therepublic.com/view/story/c701d9036879428da826b69ffd38edf1/MS--Tanglefoot-Trail/

Chris Parker/ThisWeek

Elly Gleason is a member of the girls 200- and 400-yard freestyle relays that will compete in the Division I state meet from Thursday, Feb. 23, through Saturday, Feb. 25, at Branin Natatorium in Canton.

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ThisWeek Community Newspapers

Wednesday February 22, 2012 10:07 AM

Chase Honeycutt wasn’t taking any shortcuts when the New Albany High School boys swimming and diving team practiced this week in preparation for the Division I state meet.

The senior knows all too well that the simplest mistake can trip up a swimmer at state, which will be held in Canton’s Branin Natatorium from Thursday, Feb. 23, through Saturday, Feb. 25.

“Two years ago (at state) an official didn’t like a turn we made (in the 200-yard freestyle relay) and we (were disqualified),” said Honeycutt, who advanced this year in three events, including the 50 free. “So this week is more about the details, really, making good turns and everything and just fine-tuning our strokes.”

Honeycutt and teammates Frederick Jenny, John Angell and Phillip Smoyer are seeded 18th in the 400 free relay after finishing sixth (3 minutes, 15.42 seconds) at the district meet, which was held Feb. 17 and 18 at Ohio State. The same group is seeded 19th in the 200 free relay after placing fifth (1:27.95) at district.

Honeycutt, who anchors the 200 free relay and leads off the 400, also is seeded 19th in the 50 free after placing fourth (21.67) at district. He nearly qualified in a fourth event, but his 11th-place showing at district in the 100 butterfly (53.71) fell short of the final qualifying time (53.0).

“Leading off has more pressure, I think, because you’re setting the tone for everybody,” Honeycutt said. “When you anchor, it’s just racing.”

David Dinsmore, a freshman diver, is New Albany’s highest-seeded competitor at state. He finished second (494.6 points) at district behind Worthington Kilbourne’s Hunter Atha (502.55) and is the fifth seed for state. Atha is seeded second behind Hudson’s Alex Obendorf (513.4).

Jenny, a senior, is seeded 17th in the 100 breaststroke after he finished fifth (59.03) at district behind champion Trenton Harper (58.36) of Thomas Worthington. Like Honeycutt, he’s a veteran when it comes to competing at state, having previously qualified in relays.

“I definitely know what to expect and that should help,” Jenny said. “At district, (the 100 breast) was one of the closest races I’ve ever been in (as the top six finishers all advanced). The difference between first and fifth was like (.67). I was also noticing how fast the (qualifying) times from the other districts were, too (led by top-seeded Jack Pohlmann of Beavercreek in 56.0), so it should be a great race.”

The Eagles totaled 134 points at district to finish fifth behind champion Upper Arlington (435).

•The girls team placed 10th (92) at district as UA (522) captured its 13th consecutive title. The Golden Bears will be taking aim at an eighth consecutive state title this weekend.

The Eagles qualified the 200 and 400 free relays comprised of Elly Gleason, Taylor Berend, Haley McLellan and Stephanie Jones. The 200 free relay finished fifth (1:39.69) and the 400 was seventh (3:40.66) at district. Those relays are seeded 15th and 24th for state, respectively.

“We’re excited,” said Jones, who is the team’s only senior. “We got on the podium, and we knew our times might get us to state. That’s always been the goal, and it’s really great when you accomplish that.”

At district, Jones also competed in the 50 free (24.69, sixth) and 100 free (53.4, 10th) and set school records in both events. They previously were held by Molly Dengler, who won the 200 individual medley in the Division II state meet as a senior in 2009. Jones’ time in the 100 free fell short of qualifying to state by .06. The final qualifying time was 53.34 set by Strongsville’s Jenna Barrus.

“I still had a pretty good day,” Jones said. “Personally, the 100 free was great for me. I was real happy when I saw the time, but I knew I’d be on the edge (for) making it to state.”

Jones has qualified to state every season of her career with relays.

“I still get nervous, though,” she said. “I got on the podium my freshmen year (as the 400 free relay placed third) when we were (in) Division II. Division I is a lot tougher, of course. It’d be really great to get there in Division I.”

Article source: http://www.thisweeknews.com/content/stories/newalbany/sports/2012/02/21/eagles-contingent.html

Judge Ciparick

ALBANY - A tenant is not justified in withholding all of his rent when a landlord makes only a minimal unauthorized use of a portion of the property, the Court of Appeals ruled on Feb. 21.

And in separate cases, the Court agreed with Orange County that a couple’s due process rights were not violated by a notification procedure used during the taking of property under a tax lien foreclosure, and it declined to extend Labor Law §240(1) to include people injured in falls while cleaning manufactured goods before their shipment.

In the landlord-tenant case, a 6-1 majority decided that while the “full abatement” of rent is a common law concept dating from feudal times, there are instances of “trifling” inconvenience for a tenant that do not warrant such a “draconian remedy.”

“For an intrusion to be considered an actual partial eviction it must interfere in some, more than trivial, manner with the tenant’s use and enjoyment of the premises,” Judge Carmen Beauchamp Ciparick (See Profile) wrote for the majority in Eastside Exhibition Corp. v. 210 East 86th Street Corp., 21.

The majority said that while the total abatement of rent for an actual partial eviction is a venerable concept in New York case law—it cited a Manhattan Supreme Court case from 1826, Dyett v. Pendleton, 8 Cow 727, as an early example—the rule is not an absolute one.

The judges cited another 19th century case, Lounsbery v. Snyder, 31 NY 514 (1865), in which the Court of Appeals ruled that “not every intrusion amounts to an eviction which warrants a full rent abatement and damages are an appropriate remedy when there has been no substantial interference with the use of the premises.”

At issue was the disputed payment of some nine years of rent by Eastside Exhibition after its landlord, 210 East 86th Street Corp., installed cross-bracing in the lobby of a four-screen movie theater on Manhattan’s Upper East Side in December 2002.

Eastside Exhibition argued that it did not give the landlord permission to put in the cross-bracing, which was installed in anticipation of adding two more stories to the seven-story building.

210 East 86th Street Corp. argued that the lease allowed it to perform improvements and other work on the building without Eastside Exhibition’s permission and it would not be liable for abatement of rent or payment of damages for the loss or interruption of business.

Eastside Exhibition sought to withhold payment of the full amount of rent since the cross-bracing was installed, which amounts to $633,827 for nine years, according to the Court.

Both sides sued, with Eastside Exhibition seeking compensatory and punitive damages of $4 million and 210 East 86th Street Corp. seeking payment of the rent.

An Appellate Division, First Department, panel found that there is no “de minimis” exception to the partial eviction rule, but that full rent abatement was a “harsh and oppressive” remedy.

It decided that the payment of damages for business lost by the tenant due to the intrusion was the proper remedy, but a Supreme Court justice later declined to award Eastside Exhibition damages, saying the loss of business due to the cross-bracing could not be quantified.

Chief Judge Jonathan Lippman (See Profile) and Judges Victoria A. Graffeo (See Profile), Eugene F. Pigott Jr. (See Profile), Theodore T. Jones Jr. (See Profile) and Robert S. Smith (See Profile) joined in Judge Ciparick’s ruling.

In dissent, Judge Susan Phillips Read (See Profile) called the majority ruling “schizophrenic” because it both criticized the full rent abatement rule as being “harsh and outmoded” while declaring that the common law rule never suspended a tenant’s obligation to pay rent in the first place.

“Put another way, in the majority’s view the common law has always sanctioned total rent abatement as a remedy for any unauthorized taking no matter how small, so long as not too small,” Judge Read wrote. “This is, at the very least, confusing, if not downright contradictory.”

She predicted that the ruling would prompt more litigation.

“Now it is very risky for a tenant to withhold rent where the landlord wrongly appropriates any portion of the leased premises because it is left up to the courts to determine whether the ouster is merely trifling in amount and trivial in effect,” Judge Read said. “This determination will inevitably require expensive, protracted litigation with an uncertain resolution.”

David Rosenberg of Marcus Rosenberg Diamond represented Eastside Exhibition.

Mr. Rosenberg said in an interview that the Court “seems to have abandoned” its long-standing principle that “stability and predictability were the watchwords” in New York courts, especially when it comes to real estate law.

Mr. Rosenberg said he was studying the ruling to see if there are any avenues left for appeal or reargument.

Howard Grun of Kaufman Friedman Plotnicki Grun argued for 210 East 86th Street.

Mr. Grun said that the Court took a “very practical view” of the issue and produced a “fair result.”

He said he believes he called Lounsbery to the Court’s attention in his brief.

“I kept digging and digging until I found what I was looking for,” Mr. Grun said. “It really honed in on my argument.”

Lounsbery concerned granting damages over a landlord’s storing of fire wood in space rented by his tenant.

Eastside Exhibition has been paying its rent under a court-approved agreement that it would not prejudice the case against the theater.

Tax Lien Foreclosure Notice

Also on Feb. 21, a unanimous Court agreed that a couple’s due process rights were not violated when Orange County took possession of two acres without informing the couple directly of a local law allowing them to buy back the land if all taxes, interest and penalties were paid.

The Court determined that Jeanette and Ola Helseth had proper knowledge that a tax lien foreclosure was pending on the property and that a municipality is not obligated to give proper notice during every stage of the foreclosure process.

“We agree with the County and hold that it was only obligated to give singular notice of the foreclosure action as that was the underlying governmental action threatening the Helseth’s property interests,” Judge Jones wrote for the 7-0 Court in Matter of the Foreclosure of Tax Liens by Proceeding in Rem Pursuant to Article Eleven of the Real Property Tax Law, by Orange County Commissioner of Finance v. Helseth, 9.

The Helseths had argued that repeated notice during a foreclosure is needed to satisfy property owners’ due process guarantees, citing Jones v. Flowers, 547 U.S. 220 (2006).

But Judge Jones said the county’s notification that a repurchase option for the property might be available—the county legislature would have had to sign off on such a transaction—”was not the underlying taking or an extension of such action, but a subsequent, optional measure.”

The county had argued that upholding two lower court rulings allowing the Helseths to move for repurchase after the option had expired would impose a new burden on foreclosing municipalities and conflict with case law in tax foreclosure matters.

Matthew J. Nothnagle, an assistant Orange County attorney, represented the county.

Jonathan B. Schloss of Daniel E. Bertolino P.C. in Upper Nyack argued for the Helseths.

Nassau Review Board

The Court held unanimously that Nassau County Executive Edward Mangano did not have the authority to dismiss the nine members of the county’s Assessment Review Commission, as he tried to do in January 2010 soon after taking office.

Mr. Mangano explained that he wanted the commission, which reviews assessments of real property, to be made up of members who favor his goals of cutting costs and reducing problems in the property assessment system.

But in Matter of Sedacca v. Mangano, 16, the Court of Appeals said in an unsigned ruling that it was the state Legislature’s intent to create a commission insulated from partisan political pressures. To that end, it noted that commission members were elected for five-year staggered terms and the Legislature decreed that no more than six members could be from the same party.

It was clearly the will of the Legislature that members only be removed for cause before their terms end, the Court concluded.

“It is evident that the fixed, staggered terms of office along with the requirement that all of the commissioners must not be members of a single political party, are designed to promote stability of membership and political diversity,” the Court wrote.

The rules are “meant precisely to avoid a wholesale change of membership” such as Mr. Mangano attempted to do, the Court said.

County Attorney John Ciampoli argued for the county.

Kenneth L. Gartner of Lynn, Gartner, Dunne Covello, LLP in Mineola represented three commissioners who challenged their firings.

Labor Law

A unanimous Court declined an injured worker’s request for it to further expand Labor Law §240(1) by applying it to instances where workers were hurt during falls while cleaning equipment as it was manufactured or readied for shipment.

Judge Smith said he could not find a single case by either the Court of Appeals or Appellate Division in the “vast” volume of §240(1) litigation in which a worker recovered under such circumstances.

With a single exception, which concerned cleaning a railway car, Judge Smith said the only cleaning activity recognized under §240(1) has been window cleaning.

Allowing Michael Dahar to recover would allow §240(1) to encompass virtually every “cleaning” of any “structure” in the broadest sense of the word, Judge Smith wrote in Dahar v. Holland Ladder Manufacturing Company, 23.

“Every bookstore employee who climbs a ladder to dust off a bookshelf; every maintenance worker who climbs to a height to clean a light fixture—these and many others would become potential Labor Law §240(1) plaintiffs,” Judge Smith wrote. “We decline to extend the statute so far beyond the purposes it was designed to serve.”

Mr. Dahar was cleaning a steel wall module before shipment to a nuclear waste treatment plant in Washington when he fell from a ladder at a plant in Cheektowaga.

Two lower courts also dismissed the claim.

John A. Collins of Lipsitz Green Scime Cambria in Buffalo represented Mr. Dahar.

William G. Ballaine of Landman Corsi Ballaine Ford in Manhattan and Julia M. Hilliker of Hodgson Russ in Buffalo were among those representing defendants.

Family Feud

All seven judges agreed with the First Department that former teacher Ronald Posner can proceed with a $13.5 million lawsuit charging that his father-in-law, a former chief executive officer of The New York Times Company, maliciously engineered the loss of Mr. Posner’s job after he refused to give up his rights to ever again see his daughter.

While the unanimous Court found Mr. Posner’s action for prima facie tort and tortious interference with prospective contractual rights should not be dismissed in Posner v. Lewis, 7, the panel varied widely on reasoning.

In March 2008, Mr. Posner’s wife, Erin, told her father, Russell T. Lewis, the former Times CEO, and her brother David, a lawyer who was then at Proskauer Rose, that her husband had had a long-standing affair with another teacher.

Mr. Posner at the time taught at the Sinoway Elementary School in Pelham and was about to come up for tenure review. His wife was a tenured teacher in Chappaqua. The teacher with whom he had an affair was a substitute teacher in Pelham whose child was at one point a student in Mr. Posner’s class.

Mr. Posner contends that when he refused to give up his parental rights, his father and brother-in-law began a successful campaign to have the school district refuse to grant him tenure by telling officials he had had an extramarital affair with the mother of one of his students.

He also argued that he refused to go along with an attempt by Russell Lewis to bribe or blackmail him to sign away his parental rights.

The Lewises contended that they were shielded from civil liability by Brandt v. Winchell, 3 NY2d 628 (1958). In that case, the Court had ruled that two defendants, including columnist Walter Winchell, were immune from liability for instigating an investigation into the handling of money at a cancer fund run by a rival.

The Lewises argued that no matter their motivation, their actions were absolutely privileged because they concerned a matter of public interest.

A four-member majority of the Court said Brandt does not apply because in addition to alleging a malicious intent against the Lewises, Mr. Posner is asserting that a blackmail scheme occurred.

“In light of the intimidation and threatening conduct allegedly directed at Posner, we conclude that the absolute privilege articulated in Brandt should not be extended to protect the course of conduct alleged in this case,” Judge Graffeo wrote.

Judges Lippman, Ciparick and Jones joined Judge Graffeo’s ruling.

In a concurrence in which he was joined by Judge Pigott, Judge Smith said the actions alleged by the Lewises are outside the scope of the Brandt privilege because they “did not involve either a matter of public concern or an accusation of serious criminal conduct.”

In a separate concurrence, Judge Read said she agreed with Judge Smith insofar that he found who Mr. Posner slept with were not matters “warranting public exposition.”

Thomas J. Kavaler of Cahill Gordon Reindel represented the Lewises.

Geri S. Krauss of White Plains argued for Mr. Posner.

@|Joel Stashenko can be reached at jstashenko@alm.com.

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Article source: http://www.law.com/jsp/article.jsp?id=1202543064196&Minor_Inconvenience_Does_Not_Justify_Rent_Abatement_Panel_Says

By Terrence Dopp and Romy Varghese

(Adds comment from Christie in sixth paragraph.)

Feb. 22 (Bloomberg) — New Jersey Governor Chris Christie is betting on the sharpest revenue increase since 2007 to help finance his personal and business income-tax cuts and the biggest pension contribution in the state’s history.

Christie, a 49-year-old first-term Republican, proposed a $32.1 billion spending plan which counts on tax revenue rising the most since the longest recession since World War II began in 2007. The budget, which is $2.4 billion more than the plan enacted last year, would cut taxes while more than doubling the pension payment to $1.1 billion.

Nationwide, combined state tax revenue rose 6.1 percent from July to September, the seventh-straight quarter of growth, and the streak may have extended into the three months ended in December, according to a Jan. 26 report from the Albany, New York-based Nelson A. Rockefeller Institute of Government. Yet the gains appear to be weakening, the group said. New Jersey’s revenue missed forecasts in the six months through December.

“Everyone’s fanning any numbers that appear positive,” said Matt Dalton, who manages about $1 billion in municipal securities as chief executive officer at Belle Haven Investments Inc. in White Plains, New York. “Cheering for a better economy is an easy way to deal with the problem.”

Revenue Jump

Christie is calling for a 10 percent income-tax cut over 36 months. In his plan to spend the largest amount in five years, he predicts revenue will rise 7.3 percent in fiscal 2013, which begins July 1. He has said the levy reductions, which will cost more than $500 million in the first year, will spur the economy.

“We need to cut these taxes to keep the recovery going because it would change the psychology of New Jersey,” Christie said today at a town hall in Palisades Park. “This would be a revelation in New Jersey. People wouldn’t know what to do, and dramatically more people would come here to create jobs.”

Governments from New York City to California have begun crafting budgets based in part on anticipated revenue growth. Two Republican governors, Florida’s Rick Scott and Michigan’s Rick Snyder, have proposed higher spending. Scott’s budget relies on a $1.3 billion, or 5.7 percent, increase in general revenue. Snyder anticipates his state will begin fiscal 2013 Oct. 1 with a $670 million surplus and would raise spending 1.4 percent, including more money for schools and public safety.

Beating Mississippi

In New Jersey, Democrats who control the Legislature say Christie’s income-tax cut would favor the wealthy and that he should focus on easing property levies. Christie has said Democrats have ignored taxes and job creation while spending the past month on a gay marriage bill that he vetoed Feb. 18.

New Jersey is ranked 41st among U.S. states and the District of Columbia in the Bloomberg Economic Evaluation of States, just ahead of Mississippi. The index scores economic health and growth across categories such as employment, income, mortgage delinquencies and tax revenue.

Christie’s budget calls for the largest jump in revenue since collections increased 8.7 percent in fiscal 2007 from a year earlier. Yet in the first six months of fiscal 2012, revenue trailed forecasts by 3.2 percent, according to figures from Treasurer Andrew Sidamon-Eristoff.

Rising pension costs and a slow recovery prompted Standard Poor’s, Moody’s Investors Service and Fitch Ratings to lower New Jersey’s credit grade last year. While first-half revenue rose 3.2 percent compared with the same period a year earlier, it was $326 million less than targets.

Revenue Declines

New Jersey’s revenue dropped about 11 percent in fiscal 2009 as the economy slumped. It fell 3.5 percent the next year, before rising 2.9 percent in 2011, and is projected to rise 3.5 percent this fiscal year. The governor stressed that spending for 2013 remains below fiscal 2008 levels.

“We also have avoided overly optimistic assumptions about revenue,” Christie said. “These will only get us in trouble in the future.”

The $29.7 billion budget Christie signed last year has increased to $31 billion as the administration supplemented spending, in part because the Legislature underfunded some areas, Sidamon-Eristoff told reporters. His proposed plan for fiscal 2013 would be 3.7 percent more than the revised figure.

Michael Pietronico, who oversees $670 million in municipal bonds as chief executive officer at Miller Tabak Asset Management in New York, said he would like to see more details of Christie’s estimates on key signs such as foreclosures.

Pension Funding

Standard Poor’s rewarded California’s revenue assumptions by giving its credit rating a positive outlook on Feb. 15, Pietronico said. SP rates the Golden State as A-, its fourth- lowest investment grade and the lowest of any state. Perhaps Christie hopes to receive the same treatment, he said. The company rates the Garden State three steps higher at AA-.

“The assumptions are reasonable, but there are a lot of variables at play,” Pietronico said.

New Jersey’s estimated pension-funding deficit fell to $36.3 billion after Christie signed bills last year that raised workers’ contributions to the plan and health-care expenses, increased the minimum retirement age for new employees to 65 from 62 and froze cost-of-living increases. Yet the governor’s budget didn’t include the $3 billion recommended pension payment and the unfunded liability swelled to $41.8 billion for the 12 months through June.

Growing Deficit

A 2010 law required the state to phase in full payments over seven years after a decade of lapsed funding. Christie budgeted $484 million payment for the current fiscal year. Actuaries recommended the state put in $3 billion. His plan calls for more than $1 billion in payments in fiscal 2013.

The unfunded liability will continue to grow, however, because of the failure to make full contributions until fiscal 2018, Fitch has said. The company rates New Jersey’s general- obligation debt AA-, its fourth-highest grade.

The pension payment represents about 3.4 percent of the total budget this year, Christie said in his speech.

“My proposal of $1.1 billion for pensioners in this state reinforces my commitment to the security and financial future of all public workers,” he said. “Stand with me on this commitment. Let us live up to our word.”

Aid for Schools

Christie proposed school aid of $8.87 billion in his budget, an amount of spending on kindergarten to 12th-grade schools that he said is a “record level of investment.”

Even with the 10 percent tax cut, rates in many income brackets will be higher than those in New York, Connecticut and Pennsylvania, the governor said.

“We need to reverse our competitive disadvantage,” Christie said. “In the mid-Atlantic region, New Jersey needs to be the best home for growth.”

Democrats say a family with a $50,000 annual income would pay $80 less in taxes under Christie’s plan, while someone earning $1 million would save $7,200.

Democrats led by Senate President Stephen Sweeney, of West Deptford, and Assembly Speaker Sheila Oliver, of East Orange, said a central tenet of Christie’s spending plan may be in doubt as their party formulates a proposal to lower property taxes. Christie has “coddled” about 16,000 millionaires and Democrats won’t support any tax cut that favors the wealthy, Sweeney said.

“It’s not hard to figure out: He controls the numbers all the way around and he certifies the revenue,” Sweeney told reporters. “They play a lot of games with those numbers.”

Overestimate Gain

While 52 percent of registered voters support the income- tax cut, 76 percent would prefer reducing property taxes first, according to a Rutgers University Eagleton Institute of Politics poll released yesterday. Property taxes, the highest in the nation, rose 2.4 percent to average $7,759 in 2011, according to state data.

Voters overestimate how much money they would get from Christie’s tax cut, the poll showed, with 35 percent of respondents saying it would save them more than $500. A household would have to earn more than $150,000 a year to reach that level, the institute said. Only 14 percent said their household income was more than $150,000 annually.

The telephone survey from Feb. 9-11 compiled responses from 914 registered voters and the results had a margin of error of plus or minus 3.3 percentage points.

Political Career

Patrick Murray, who teaches politics and directs the Monmouth University polling institute, said since January both Republicans and Democrats have become “overly concerned with Christie’s political future.” In the process, the government is acting as if economic trouble Christie has warned of since taking office in January 2010 is over, Murray said.

“There’s a bit of a rosy picture in this budget,” the professor said. “It’s hard to see how any economy can rebound that quickly.”

Assemblyman Declan O’Scanlon, a Republican from Little Silver who serves as his party’s budget officer, said he isn’t concerned with Christie’s reliance on growth, considering the governor’s past record of balancing spending plans.

“It’s really the budget we’ve all been hoping for over the past few years,” he said in an interview. “We’re not now, once again, facing massive cuts which everyone agrees was a tough thing. Now of course we have to pay attention and be fiscally responsible.”

–With assistance from Chris Christoff in Lansing, Michigan; Henry Goldman in New York; and Michael Bender in Tallahassee, Florida. Editors: Ted Bunker, Mike Millard

To contact the reporters on this story: Terrence Dopp in Trenton, New Jersey, at tdopp@bloomberg.net; Romy Varghese in Philadelphia at rvarghese8@bloomberg.net.

To contact the editor responsible for this story: William Glasgall at wglasgall@bloomberg.net.

Article source: http://www.businessweek.com/news/2012-02-22/christie-betting-on-n-j-rebound-to-fund-tax-cuts-pensions.html

Crowds gathered at a New Albany Waffle House to cheer workers as the bridge carrying Interstate 64 traffic over the Ohio River reopened late Friday more than a week ahead of schedule, The Courier-Journal reported.

Later, at Keg Liquors on Market Street in New Albany, manager Charity Cochran was happy to find Kentucky driver’s licenses among those she was checking to make sure customers were old enough to purchase alcohol. She could recall seeing only one other Kentucky license since the store opened in November.

“I don’t know if it’s the weather or the bridge, but it is a lot busier down here this Saturday than typical Saturdays,” Cochran said.

She says she saw several Kentucky driver’s licenses among those of her customers that she checked.

Gov. Mitch Daniels ordered the closure of the nearly 50-year-old steel span connecting New Albany and Louisville, Ky., on Sept. 9 after an inspection turned up the crack in a load-bearing beam. The bridge had been used by more than 80,000 vehicles per day, but traffic diverted to two other Ohio River bridges, causing longer rush-hour delays.

The shutdown slowed southern Indiana commerce near the bridge, affecting hotel bookings, restaurant meals and other business. Traffic congestion and delays became so bad that universities in both states reported enrollment declines. Horseshoe Southern Indiana Casino’s performance also showed a marked decline after the bridge’s closure.

The News and Tribune reported New Albany businesses are planning a bridge-opening celebration for the first weekend in March. Local wineries and breweries will offer samplings, and there will be live music. Some stores in New Albany already have begun offering bridge-opening discounts.

“We’re just really glad that the bridge is open again,” Mayor Jeff Gahan told The Courier-Journal after eating lunch downtown Saturday at La Rosita restaurant about 13 hours after the Sherman Minton reopened.

The Transit Authority of River City, which operates five cross-river bus routes, said it would resume normal services between Louisville and southern Indiana this week.

Article source: http://www.therepublic.com/view/story/49e27f7d221740abb5d42aa799621c8d/IN--Bridge-Reopens/

Three voting sites moved in New Albany

By CHRIS MORRIS

Chris.Morris@newsandtribune.com
The News and Tribune

Tue Feb 21, 2012, 11:16 PM EST

NEW ALBANY —
The Floyd County Commissioners approved a plan to move three New Albany voting sites at Tuesday night’s meeting.

The commissioners had concerns over a lack of parking at Riverview Towers, at 500 Scribner Drive, home to Precinct 1. That precinct will be moved to Scribner Middle School.

Since the Brown-Starks Building will be going through renovations in May, Precinct 21 will be moved to the 300 Building along Erni Avenue.

The last move was Precinct 24, at Beechwood Recreation Center, which will be moving to Fairmont Elementary School.

In other business:

• The commissioners agreed to pay $33,447 for 68 data cards for New Albany Police Department cruisers. The money was paid out of 911 funds.

The commissioners also approved 12 data cards for the New Albany Fire Department. The cards cost $335 a month from Verizon.

• The commissioners agreed to hold their March 20 meeting at Highland Hills Middle School. One item to be discussed that night will be replacing the bridge at John Pectol Road.

Steve Bush, president of the Floyd County Commissioners, said engineers will be on hand to provide an update on the bridge.

“It will be in an area where the bridge is located and I like the idea of having the meetings some place else from time to time,” Commissioner Chuck Freiberger said.

• Bush said the commissioners picked out carpet Tuesday for their new meeting room at the old Pine View Elementary School which is expected to be completed in June. The building will house the Youth Shelter along with other county offices.

The new room will seat 100 spectators and will be equipped with television screens for power point presentations. The room will also allow the commissioners to stream their meetings online.

• The commissioners hired Ron Tuell as a crew leader for the Floyd County Road Department prior to the meeting.

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Article source: http://newsandtribune.com/local/x1144836184/Three-voting-sites-moved-in-New-Albany

The New Albany Floyd County Animal Shelter is participating in World Spay Day Tuesday to promote the life-saving benefits of spaying or neutering pets.

To mark the day — called SPAY NOW OR STAY STUPID! — it will alter 40 felines for free.

Preregistration is required and is limited to Floyd County residents with proof of annual income of less than $30,000. Limits on the numbers of available spaces for males and females will be in place. All cats will receive a rabies vaccination and license, if needed, for $5 each.

“Spay/neuter saves pets’ lives while lessening the burden on animal shelters and taxpayers,” said David Hall, director of The New Albany Floyd County Animal Shelter.

“We are inviting our citizens to take advantage of this free spay or neuter day, or help by sponsoring the spay or neuter of at least one animal.”

Go to www.nafcanimalshelter.org to donate or for more information. The animal shelter is at 215 W. Market St. in New Albany. Its phone number is 812-948-5355.

Article source: http://www.courier-journal.com/article/20120222/ZONE12/302220022/New-Albany-Floyd-County-Animal-Shelter-alter-40-cats-free-Tuesday?odyssey=mod%7Cnewswell%7Ctext%7C%7Cp

New Albany murder trial set for next week

Jeffersonville man accused of shooting at Pillsbury

By MATT THACKER

Matt.Thacker@newsandtribune.com
The News and Tribune

Tue Feb 21, 2012, 09:09 PM EST

NEW ALBANY —
A Jeffersonville man accused of fatally shooting a man in the parking lot of the New Albany Pillsbury plant is expected to stand trial next week.

Freddie B. Love, 44, is charged with murdering 48-year-old Christopher Trowell on Aug. 5, 2009. He is also charged with class D felony criminal recklessness.

The incident began in the 2700 block of Navajo Drive where police allege Love fired shots into a house. According to a probable-cause affidavit, Tracey McWilliams told police that someone pounded on her door. She looked out the window and saw a Cadillac in her driveway. She said two shots were fired at about 7 a.m.

Trowell, who also lived at the residence along Navajo Drive, was working third shift at Pillsbury when he learned of the shooting. Prosecutor Keith Henderson said Trowell and Love encountered each other outside of Pillsbury and Love began to follow him in his vehicle.

The two crashed through the gate at Pillsbury. Video surveillance reportedly shows Love chasing Trowell through the parking lot and shooting him.

Trowell was shot at least three times with a .40 caliber weapon. Several co-workers identified Love as the shooter, according to police.

Love — who lived on the 4400 block of Fossil Court in Jeffersonville — had a history with McWilliams. She had reportedly taken out a protective order against him in July 2004.

There have been issues raised regarding Love’s mental health. In January 2010, he was deemed incompetent to stand trial following two psychological evaluations. He was committed at Logansport State Hospital, and in May 2010, he was found competent to stand trial.

His attorney, Bart Betteau, has filed a notice of intent to interpose an insanity defense.

A private conference was held Tuesday in Floyd County Superior Court No. 1. Attorneys discussed preliminary instructions and trial procedure. Jury selection will begin Tuesday.

Loves faces 45 to 65 years in prison on the murder charge and six months to three years on the criminal recklessness charge.

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Article source: http://newsandtribune.com/local/x560582598/New-Albany-murder-trial-set-for-next-week

State Comptroller Thomas DiNapoli said sales tax collections grew by 5 percent last year, raising that revenue in many parts of the state above 2008 levels. But DiNapoli noted that Tuesday’s figures reflect continued slow recovery, which is even slower than in 2010.

He said the higher sales tax collections “are a good sign for the economy, but continued caution is warranted,” DiNapoli said. “New York’s economy has improved over the past two years, but growth has been sluggish and unevenly distributed throughout the state. The degree to which local governments depend on sales taxes varies, but it is an important source of revenue for many.”

He also said sales tax revenue could become even more important to local governments as they adjust this year to a 2 percent cap on the growth in local property taxes imposed by Gov. Andrew Cuomo and the Legislature. The law effective this year includes an override provision by school district voters or local government boards.

The state sales tax rate is 4 percent, but counties and cities can set their own rates, usually 3 percent to 4 percent. Counties then distribute some county sales tax revenues to municipalities.

For counties increasingly dependent on their own sales tax revenue, DiNapoli reports a 4.1 percent increase in county collections in 2011 over the year before. That’s up nearly $7 billion.

Counties have regained the lost money from a nearly 6 percent drop in 2009.

New York City’s revenue grew by 6.1 percent to nearly $6 billion last year. Adjusting for local economic factors, that’s lower than the 2010 growth rate of about 10 percent.

“It means we’re not out of the woods yet,” said Stephen J. Acquario of the New York State Association of Counties. “We’re still struggling with the effects of recession.”

Acquario also notes that the sales tax revenue is boosted by a temporary increase in spending for construction following the flood damage in many parts of the state. Further, the state Legislature has refused requests to counties to increase the local sales tax, months after the Legislature and Cuomo increased the income tax on millionaires, part of which provided a small but rare break for middle-class families.

In addition, local governments lost about $1 billion in sales taxes during the recession and now must content with a cap on property tax growth. Further, Acquario said there is a still a fear jobs won’t return even with a recovery.

“That’s been a deep, long lasting and serious recession that hit this state and it is quite serious and alarming to just now be at pre-recession levels,” he said.

The strongest gain — 8.6 percent — was in the Southern Tier, pushed by construction after last summer’s flooding. Construction and repair after tropical storms Irene and Lee also contributed to 19 percent growth in sales tax revenue in Schuyler County.

However, communities hit by the late summer storms in the Mohawk and Schoharie valleys, the Catskills and Southern Tier continue to try to recover from damage to homes, schools and services that far exceeds the sales tax revenue. In all, the storms are blamed for more than $1 billion in damage to upstate New York, little of which was covered by individual or business insurance.

Assemblyman James Tedisco is a co-sponsor of a bill that would exempt flood victims from sales tax.

“It’s good news for our state’s economy that revenues appear to be on the upswing, but I don’t want to see state government profiting off of the misery of thousands of New Yorkers who sustained terrible losses,” said Tedisco, a Republican representing Schenectady and Saratoga counties. “Let’s continue to help these struggling families and small businesses get back on their feet.”

Article source: http://niagara-gazette.com/local/x402363976/State-sales-tax-collections-are-up

State Comptroller Thomas DiNapoli said sales tax collections grew by 5 percent last year, raising that revenue in many parts of the state above 2008 levels. But DiNapoli noted that Tuesday’s figures reflect continued slow recovery, which is even slower than in 2010. 

He said the higher sales tax collections “are a good sign for the economy, but continued caution is warranted,” DiNapoli said. “New York’s economy has improved over the past two years, but growth has been sluggish and unevenly distributed throughout the state. The degree to which local governments depend on sales taxes varies, but it is an important source of revenue for many.” 

He also said sales tax revenue could become even more important to local governments as they adjust this year to a 2 percent cap on the growth in local property taxes imposed by Gov. Andrew Cuomo and the Legislature. The law effective this year includes an override provision by school district voters or local government boards. 

The state sales tax rate is 4 percent, but counties and cities can set their own rates, usually 3 percent to 4 percent. Counties then distribute some county sales tax revenues to municipalities. 

For counties increasingly dependent on their own sales tax revenue, DiNapoli reports a 4.1 percent increase in county collections in 2011 over the year before. That’s up nearly $7 billion. 

Counties have regained the lost money from a nearly 6 percent drop in 2009. 

New York City’s revenue grew by 6.1 percent to nearly $6 billion last year. Adjusting for local economic factors, that’s lower than the 2010 growth rate of about 10 percent. 

“It means we’re not out of the woods yet,” said Stephen J. Acquario of the New York State Association of Counties. “We’re still struggling with the effects of recession.” 

Acquario also notes that the sales tax revenue is boosted by a temporary increase in spending for construction following the flood damage in many parts of the state. Further, the state Legislature has refused requests to counties to increase the local sales tax, months after the Legislature and Cuomo increased the income tax on millionaires, part of which provided a small but rare break for middle-class families. 

In addition, local governments lost about $1 billion in sales taxes during the recession and now must content with a cap on property tax growth. Further, Acquario said there is a still a fear jobs won’t return even with a recovery. 

“That’s been a deep, long lasting and serious recession that hit this state and it is quite serious and alarming to just now be at pre-recession levels,” he said. 

The strongest gain — 8.6 percent — was in the Southern Tier, pushed by construction after last summer’s flooding. Construction and repair after tropical storms Irene and Lee also contributed to 19 percent growth in sales tax revenue in Schuyler County. 

However, communities hit by the late summer storms in the Mohawk and Schoharie valleys, the Catskills and Southern Tier continue to try to recover from damage to homes, schools and services that far exceeds the sales tax revenue. In all, the storms are blamed for more than $1 billion in damage to upstate New York, little of which was covered by individual or business insurance. 

Assemblyman James Tedisco is a co-sponsor of a bill that would exempt flood victims from sales tax. 

“It’s good news for our state’s economy that revenues appear to be on the upswing, but I don’t want to see state government profiting off of the misery of thousands of New Yorkers who sustained terrible losses,” said Tedisco, a Republican representing Schenectady and Saratoga counties. “Let’s continue to help these struggling families and small businesses get back on their feet.”

Article source: http://www.cbs6albany.com/news/sales-1290538-tax-levels.html

This program, sponsored annually by the League of Women Voters of New York State Education Foundation Inc., will run March 25-28.

According to the League, Students Inside Albany brings together high school students from across the state to learn more about how government works by participating in a series of lectures on topics such as the budget process, the role of lobbyists in the legislative process, citizens’ rights to access government information and how media impact the political process. Students will also get hands-on experience in government through touring the Capitol and shadowing their senators and Assembly members.

Valerie will be joined by Ithaca High School senior Carolyn Eggleston.

Agricultural summit

The Dryden VFW hall will be the site of the Tompkins County Agriculture Summit, which will be held from 9 a.m. to 4 p.m. Friday. The summit, presented by Tompkins County Agriculture Farmland Protection Board and Cornell Cooperative Extension of Tompkins County, will showcase the diversity and productivity of Tompkins County Farms for local officials and the general public. Featured speakers are Patrick Hooker, former New York state agriculture commissioner, and Phil Gotwalls, a noted agriculture and community development consultant. Local farmers will share their success stories as well.

According to Monika Roth, agriculture program leader at Cornell Cooperative Extension of Tompkins County, farms occupy more than a third of Tompkins County’s land base.

“There are two main forms of agricultural activity in our county,” she said. “One is focused on dairy and crops, the other on local foods. Having both be viable and growing in our county helps preserve our farmland, generates jobs and gives local consumers access to a variety of locally produced foods.”

Registration for the summit is $10 per person and includes lunch. For more information, call Debbie Teeter at Cornell Cooperative Extension of Tompkins County, 272-2292, or e-mail dlt22@cornell.edu.

Home show March 2-4

The Tompkins Cortland Home Builders and Remodelers Association will host its 24th annual Spring Home and Garden Show March 2-4 at Tompkins Cortland Community College, just north of the Village on Route 13.

This show will always have fond memories for our family. Whenever we’ve faced a major home project, this showcase of local business people has provided information and direction for us. With a 150-year-old home, major projects are a regular occurrence. Last spring, we were able to meet face to face with about half a dozen alternative energy providers at the show. What has been a 20-year dream is now a solar array producing our annual electric needs.

This year’s special guest speaker from the National Association of Home Builders is Esther Greenhouse who will focus on “Aging in Place and Universal Design,” or ways of designing homes to help people of all ages live independently in their own homes.

Admission for the three-day event is $5, with $1 of the admission going to Habitat for humanity. Children under age 17 get in free. The show runs from 3 to 7 p.m. Friday, 10 a.m. to 8 p.m. Saturday and 10 a.m. to 4 p.m. Sunday. For more information on the show, visit tcbra.com.

Around town

» Come join a long-standing Dryden tradition as the Dryden Presbyterian Church hosts its 113th annual Washington Day Dinner on Thursday at the Dryden Fire Hall, 26 North St.

A traditional Thanksgiving style dinner of turkey and stuffing, mashed potatoes, squash, coleslaw and homemade pie is served in two seatings at 5 p.m. and 6:30 p.m. Tickets may be purchased in advance at Rite Aid Pharmacy, Kinney Drugs and at the church office. They are also available at the door. The cost is $7.50 for adults, $4 for ages 6-12. Children 5 and under eat for free. Take-out is available between 5:30 and 6:45 p.m. at the fire hall.

» For the young and young at heart, the Southworth Library hosts Winter Escape, a delightful afternoon of songs and puppets with Dryden’s own Mrs. McPuppet.

This free event will be held at 1 p.m. Saturday at the Library, 24 West Main St. This program is sponsored in part by a generous grant from the Dryden Youth Opportunity Fund.

» The Varna United Methodist Church , 965 Dryden Road, ( Route 366) will host an Ash Wednesday service at 7 p.m. Feb. 22. This service recognizes the beginning of the 40-day period of Lent.

Article source: http://www.theithacajournal.com/article/20120221/NEWS01/202210326/Dryden-Town-Talk-Dryden-High-School-freshman-going-Albany?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cs

By Terrence Dopp and Romy Varghese

Feb. 22 (Bloomberg) — New Jersey Governor Chris Christie is betting on the sharpest revenue increase since 2007 to help finance his personal and business income-tax cuts and the biggest pension contribution in the state’s history.

Christie, a 49-year-old first-term Republican, proposed a $32.1 billion spending plan which counts on tax revenue increasing the most since the longest recession since World War II began in 2007. The budget, which is $2.4 billion more than the plan enacted last year, would cut income and business taxes while more than doubling the pension payment to $1.1 billion.

Nationwide, combined state tax revenue rose 6.1 percent from July to September, the seventh-straight quarter of growth, and the streak may have extended into the three months ended in December, according to a Jan. 26 report from the Albany, New York-based Nelson A. Rockefeller Institute of Government. Yet the gains appear to be weakening, the group said. New Jersey’s revenue has missed forecasts in the six months through December.

“Everyone’s fanning any numbers that appear positive,” said Matt Dalton, who manages about $1 billion in municipal securities as chief executive officer at Belle Haven Investments Inc. in White Plains, New York. “Cheering for a better economy is an easy way to deal with the problem.”

Christie is calling for a 10 percent income-tax cut over 36 months. In his plan to spend the largest amount in five years, he predicts revenue will rise 7.3 percent in fiscal 2013, which begins July 1. He has said the levy reductions, which will cost more than $500 million in the first year, will spur the economy.

Growth Era

“Today, we will both maintain our fiscal discipline, and drive New Jersey into a new era of growth,” Christie said yesterday in a speech to lawmakers. “It is time to put the New Jersey comeback into high gear.”

Governments from New York City to California have begun crafting budgets based in part on anticipated revenue growth. Two Republican governors, Florida’s Rick Scott and Michigan’s Rick Snyder, have proposed higher spending. Scott’s budget relies on a $1.3 billion, or 5.7 percent, increase in general revenue. Snyder anticipates his state will begin fiscal 2013 Oct. 1 with a $670 million surplus and would raise spending 1.4 percent, including more money for schools and public safety.

In New Jersey, Democrats, who control the Legislature say Christie’s income-tax cut would favor the wealthy and that he should focus on easing property levies. Christie has said Democrats have ignored taxes and job creation while spending the past month on a same-sex marriage bill that he vetoed Feb. 18.

Beating Mississippi

New Jersey is ranked 41st among U.S. states and the District of Columbia in the Bloomberg Economic Evaluation of States, just ahead of Mississippi. The index scores economic health and growth across categories such as employment, income, mortgage delinquencies and tax revenue.

Christie’s budget calls for the largest jump in revenue since collections increased 8.7 percent in fiscal 2007 from a year earlier. Yet in the first six months of fiscal 2012, revenue trailed forecasts by 3.2 percent, according to figures from Treasurer Andrew Sidamon-Eristoff.

Rising pension costs and a slow recovery prompted Standard Poor’s, Moody’s Investors Service and Fitch Ratings to lower New Jersey’s credit grade last year. While first-half revenue rose 3.2 percent compared with the same period a year earlier, it was $326 million less than targets.

Revenue Declines

New Jersey’s revenue dropped about 11 percent in fiscal 2009 as the economy slumped. It fell 3.5 percent the next year, before rising 2.9 percent in 2011, and is projected to rise 3.5 percent this fiscal year. The governor stressed that spending for 2013 remains below fiscal 2008 levels.

“We also have avoided overly optimistic assumptions about revenue,” Christie said. “These will only get us in trouble in the future.”

The $29.7 billion budget Christie signed last year has increased to $31 billion as the administration supplemented spending, in part because the Legislature underfunded some areas, Sidamon-Eristoff told reporters. His proposed plan for fiscal 2013 would be 3.7 percent more than the revised figure.

Michael Pietronico, who oversees $670 million in municipal bonds as chief executive officer at Miller Tabak Asset Management in New York, said he would like to see more details of Christie’s estimates on key signs such as foreclosures.

Standard Poor’s rewarded California’s revenue assumptions by giving its credit rating a positive outlook on Feb. 15, Pietronico said. SP rates the Golden State as A-, its fourth- lowest investment grade and the lowest of any state. Perhaps Christie hopes to receive the same treatment, he said. The company rates the Garden State three steps higher at AA-.

Variables to Consider

“The assumptions are reasonable, but there are a lot of variables at play,” Pietronico said.

The state’s estimated pension-funding deficit fell to $36.3 billion after Christie signed bills last year that raised workers’ contributions to the plan and health-care expenses, increased the minimum retirement age for new employees to 65 from 62 and froze cost-of-living increases. Yet the governor’s budget didn’t include the $3 billion recommended pension payment and the unfunded liability swelled to $41.8 billion for the 12 months through June.

A 2010 law required the state to phase in full payments over seven years after a decade of lapsed funding. Christie budgeted $484 million payment for the current fiscal year. Actuaries recommended the state put in $3 billion. His plan calls for more than $1 billion in payments in fiscal 2013.

Growing Deficit

The unfunded liability will continue to grow, however, because of the failure to make full contributions until fiscal 2018, Fitch has said. The company rates New Jersey’s general- obligation debt AA-, its fourth-highest grade.

The pension payment represents about 3.4 percent of the total budget this year, Christie said in his speech.

“My proposal of $1.1 billion for pensioners in this state reinforces my commitment to the security and financial future of all public workers,” he said. “Stand with me on this commitment. Let us live up to our word.”

Christie proposed school aid of $8.87 billion in his budget, an amount of spending on kindergarten to 12th-grade schools that he said is a “record level of investment.”

Even with the 10 percent tax cut, rates in many income brackets will be higher than those in New York, Connecticut and Pennsylvania, the governor said.

Reversing Course

“We need to reverse our competitive disadvantage,” Christie said. “In the mid-Atlantic region, New Jersey needs to be the best home for growth.”

Democrats say a family with a $50,000 annual income would pay $80 less in taxes under Christie’s plan, while someone earning $1 million would save $7,200.

Democrats led by Senate President Stephen Sweeney, of West Deptford, and Assembly Speaker Sheila Oliver, of East Orange, said a central tenet of Christie’s spending plan may be in doubt as their party formulates a proposal to lower property taxes. Christie has “coddled” about 16,000 millionaires and Democrats won’t support any tax cut that favors the wealthy, Sweeney said.

“It’s not hard to figure out: He controls the numbers all the way around and he certifies the revenue,” Sweeney told reporters. “They play a lot of games with those numbers.”

While 52 percent of registered voters support the income- tax cut, 76 percent would prefer reducing property taxes first, according to a Rutgers University Eagleton Institute of Politics poll released yesterday. Property taxes, the highest in the nation, rose 2.4 percent to average $7,759 in 2011, according to state data.

Overestimate Gain

Voters overestimate how much money they would get from Christie’s tax cut, the poll showed, with 35 percent of respondents saying it would save them more than $500. A household would have to earn more than $150,000 a year to reach that level, the institute said. Only 14 percent said their household income was more than $150,000 annually.

The telephone survey from Feb. 9-11 compiled responses from 914 registered voters and the results had a margin of error of plus or minus 3.3 percentage points.

Patrick Murray, who teaches politics and directs the Monmouth University polling institute, said since January both Republicans and Democrats have become “overly concerned with Christie’s political future.” In the process, the government is acting as if economic trouble Christie has warned of since taking office in January 2010 is over, Murray said.

“There’s a bit of a rosy picture in this budget,” the professor said. “It’s hard to see how any economy can rebound that quickly.”

Assemblyman Declan O’Scanlon, a Republican from Little Silver who serves as his party’s budget officer, said he isn’t concerned with Christie’s reliance on growth, considering the governor’s past record of balancing spending plans.

“It’s really the budget we’ve all been hoping for over the past few years,” he said in an interview. “We’re not now, once again, facing massive cuts which everyone agrees was a tough thing. Now of course we have to pay attention and be fiscally responsible.”

–With assistance from Chris Christoff in Lansing, Michigan; Henry Goldman in New York; and Michael Bender in Tallahassee, Florida. Editors: Ted Bunker, Mike Millard.

To contact the reporters on this story: Terrence Dopp in Trenton, New Jersey, at tdopp@bloomberg.net; Romy Varghese in Philadelphia at rvarghese8@bloomberg.net.

To contact the editor responsible for this story: William Glasgall at wglasgall@bloomberg.net.

Article source: http://www.businessweek.com/news/2012-02-22/christie-bets-on-n-j-economic-rebound-to-fund-tax-cuts-pension.html

ALBANY, N.Y. — New York’s top court says Nassau County Executive Edward Mangano (man-GAHN’-oh) lacks authority to fire the county’s Assessment Review Commission without cause.

The Court of Appeals concludes that the state Legislature intended to protect the board from political influence when it established the panel that reviews property assessments.

The law set staggered 5-year terms with no more than six commissioners in the same political party.

The top court, overturning lower courts, says Tuesday that Mangano lacked authority under the county charter to terminate all nine commissioners without a finding of misconduct.

In a 2010 letter, Mangano’s counsel told the commissioners the new county executive had to choose a new board to implement his administration’s plans and policies.

The court notes the commissioners have longer terms than the county executive.

—Copyright 2012 Associated Press

Article source: http://online.wsj.com/article/AP26cc35d7ecb74cb09ed48381e6105a3f.html

“What’s disconcerting is that while the state raises a number of possibilities, there isn’t any real clear sense as to what the path forward is going to be,” said Mark Brownstein, deputy director of the Environmental Defense Fund’s national energy program. “On an issue as important as this, all of us who commented from the environmental community are looking for greater clarity.”

There are three options for waste disposal in the state Department of Environmental Conservation’s 1,500-page environmental review and proposed regulations for hydraulic fracturing, or fracking, of deep horizontal wells for natural gas in the Marcellus Shale:

— Truck the millions of gallons of wastewater produced per well to a treatment facility and either discharge the treated water into a river or reuse it for another drilling project;

— Ship it out of state for deep-well injection disposal; or

— Recycle it on-site for drilling multiple wells.

The water that flows from active gas wells is contaminated with traces of chemicals used in drilling and fracking, which breaks up the shale to release natural gas. Many of the chemicals are known or probable carcinogens. The flowback water also brings up such naturally occurring contaminants as barium, strontium and radium.

In Pennsylvania, researchers have found increased levels of bromide in rivers used for gas wastewater disposal. Bromide, when combined with chlorine in municipal drinking water supplies, produces trihalomethanes, which have been linked in some studies to increased human cancer rates after years of exposure.

Environmental Conservation Commissioner Joe Martens says permit applications must include details about how wastewater will be handled. It’s up to the drillers to determine what method to use.

“All of those options have impacts; none of them is particularly benign,” said Kate Sinding, a staffer of the Natural Resources Defense Council. “What’s missing in the DEC review is, what’s the impact of each available technology? They shouldn’t be deciding on treatment options when issuing permits until they have the science on the impact of each option.”

NRDC and other environmental groups support legislation that would close a loophole exempting oil and gas waste from the hazardous waste law that applies to other industries. The bill was passed Feb. 13 by the Assembly but a companion bill in the Senate remains in committee.

Under a voluntary moratorium last May, Pennsylvania moved to stop municipal wastewater treatment plants from taking Marcellus waste because excessive salt concentrations were found downstream in rivers. The wastewater has more than 30 times as much salt as seawater. Treatment to remove the salt is energy-intensive and should be considered as part of the environmental review, Sinding said.

On Friday, Pennsylvania officials released 2011 data showing that 97 percent of the shale wastewater generated after the moratorium, in the last half of the year, was either recycled, sent to deep-injection wells or to a treatment plant that doesn’t discharge into waterways. The amount injected underground nearly tripled for the period, much of it going to Ohio.

Not evaluated are the impacts of deep-well injection, which involves slowly pumping the wastewater into an underground rock formation via wells regulated by the Environmental Protection Agency. Adverse impacts include potential earthquakes and the traffic of hundreds of tanker trucks transporting waste out-of-state — most likely to Ohio, which has 180 injection wells, while New York has none.

NRDC’s scientific consultants consider deep-well injection the “least undesirable” option for wastewater disposal, Sinding said.

To accept the wastewater, treatment plants must pre-treat and analyze for chemical makeup and radioactivity. After it’s treated, the effluent is usually discharged into rivers that also provide drinking water to communities downstream.

The treatment requirements would rule out any of the plants now in existence in New York unless they invest in new equipment.

Under permit from the DEC, brine from vertical wells in sandstone formations is commonly spread on unpaved roads in western New York for dust control and de-icing. But the agency says that won’t be an option for Marcellus wells, at least until additional data on radioactive content is evaluated.

At least one upstate New York city is considering taking Marcellus Shale wastewater at its treatment plant to raise revenue. Earl Wells, spokesman for the Niagara Falls Water Board, said the city’s specialized plant was designed to handle chemical waste and has the capacity to take gas well wastewater. Wells said the industrial wastewater plant in nearby North Tonawanda also has the capacity. Both would need additional equipment, he said.

Once treated, the wastewater would be discharged into the Niagara River upstream of Niagara Falls or reused in drilling. Environmental groups and residents of Niagara Falls have spoken out against the proposal, saying they don’t want more tanker trucks of hazardous wastewater rolling through the city.

The EPA announced in October that it will draft standards for wastewater that drillers would have to meet before sending it to treatment plants.

A number of private companies are lining up to provide treatment services, including Siemens, General Electric, Ecosphere Technologies and Aqua Pure. Consultants say cost, borne by the drilling companies, is a key consideration.

GreenHunter Water, one of the companies marketing wastewater handling and treatment to the oil and gas industry, estimates that the 2011 water disposal market in the Marcellus Shale region was $1.3 billion to $1.7 billion and will rise to $15 billion to $22 billion in 10 years. It figures the cost of water treatment at more than $300,000 per well.

Advanced Waste Services has installed a new system created by Siemens Water Technologies at the AWS plant in New Castle, Pa., which has the capacity to treat up to 200,000 gallons per day of gas well wastewater. It removes solids, metals and other pollutants and returns the treated water to a driller’s pond or tanks for re-use in future wells.

The company also builds and operates treatment systems at drilling sites to clean wastewater for re-use and trucks away the resulting sludge to a hazardous waste landfill.

Aquatech, based in Canonsburg, Pa., is marketing a mobile wastewater treatment unit that distills water to remove impurities. The technology has long been used to desalinate seawater.

“The challenge is that you can filter out contaminants and then purify the water to the point that it can be discharged to a stream, but you’re still left with a solid that needs disposal such as landfilling,” said John Conrad, president of Conrad Geoscience in Poughkeepsie, an industry consultant.

Conrad, who worked for DuPont in the injection well business, anticipates New York and Pennsylvania will drill injection wells to handle some of the wastewater. Other geologists have said New York doesn’t have the right geology for such wells. There are about 170,000 injection wells across the country.

Environmental Defense Fund’s Brownstein said new technologies are being developed rapidly, so it’s better that DEC not require any specific treatment method because a better solution may come along.

Article source: http://www.cbsnews.com/8301-505245_162-57381678/wastewater-a-key-issue-in-nys-fracking-debate/

Ohio State operates the NCAA’s second-largest athletic department. Eleven Warriors is committed to keeping you informed of what’s happening with those sports that make Ohio State athletics more than just football and basketball. Around the Oval will be your bi-weekly update on these teams.

Good afternoon everyone and welcome back to “Around The Oval” here at 11W, our look at those talented men and women who comprise the portions of OSU’s athletic programs that don’t get the attention that perhaps they should.

It’s been a tough few weeks for fans of the scarlet and gray’s once swaggerific hoops team, so it doesn’t hurt too much to turn my attention away from them for at least a few moments. I am sure some of you feel the same way, and are also searching for distractions, so hopefully this can provide that for you.

While we won’t spend much time today talking about it, I wanted to make sure that the women’s hockey team gets a bit of love before we dive into the meat and potatoes of this week’s column. After getting beaten down 7-1 on Friday night, the unranked ladies went to Madison bounced back Saturday and for the first time in the program’s history, they knocked off the top-ranked team in the country when they upset the Badgers 4-2. 

Will that victory have the same effect on the skater chicks as this upset had for the fellas on the hardwood? It’s not likely, but it’s sure fun to speculate and hope and dream, ain’t it? 

The Lady Buckeyes will begin the WCHA play-offs when they travel to Minnesota-Duluth this weekend as the fifth seed in the tournament. 

Anywho, let’s get on with the rest of the show, deal?

We’re gonna start in my favorite place, the baseball diamond; where the Buckeye nine saw their season get started last week.

diamonds are forever

The best part of being a college baseball player at a northern school in February? Quite simply: road trips. 

The Ohio State baseball players got their first road trip action this past weekend, when they headed to Florida to participate in the Big Ten/Big East Challenge. In a three-game set, the Buckeyes squared off with three Big East programs, and came away from the weekend with a pair of wins.

The first game of the year saw the Buckeyes take on the Bulls from South Florida. Last year was head coach Greg Beal’s first season in Columbus, and the Buckeyes finished 26-27. The opener against unranked USF (25-29) a year ago, provided the Bucks an opportunity to get things moving quickly this time around. Unfortunately, the Buckeyes fell to the Bulls 5-3 in the season opener, so we won’t worry about that one right now, instead talking more about the two wins that followed.

Ohio State 14 Seton Hall 7 In the season-opening loss against USF, the Buckeyes collected nine hits, including four doubles, but only pushed across three runs; leaving 12 baserunners on the bags. In the season’s second game against the Pirates, the tides turned and it was Seton Hall who left 13 on base while the Buckeyes had 14 base knocks, including at least one from every starter while taking advantage of 8 Seton Hall walks as they scraped together 14 runs in the victory.

Brad Hallberg had a walk to go with three of the Buckeye hits in the win while driving in three runs. After three hits in the opener, first basemen Josh Dezse picked up two more hits while contributing two RBI of his own. Buckeye’s starter Brian King got his first win of the year, scattering seven hits over five innings, but was able to squirm out of trouble in a few frames, allowing only one (unearned) run, striking out three while walking one. 

The Buckeyes scored six runs in the first and second innings, but held only a 7-4 lead as they entered the 8th inning. Ohio State put 7 more on the board in the top of the 8th, and that was all she wrote for the Pirates, who fell to 1-2 on the young season.

Ohio State 9 Connecticut 5 (6 Innings, travel shortened) In Sunday’s finale, the Buckeyes took on the Huskies from UConn in what would a six-inning game that would be  shortened by travel requirements for both teams. Ohio State improved to 2-1 on the season, led once again by Josh Desze who added two more hits and four RBI, including the Buckeyes’ first longball of the season.

Tied at 4 heading into the 6th (and final) inning, the Buckeyes dented the scoreboard with five big runs on three hits in the final frame to pick up the W.

Desze finished the weekend 7-for-14, and drove in five runs to lead the Buckeyes in both categories. Mike Carroll, the Buckeyes left-fielder, also finished the weekend hitting .500, going 6-for-12. It was a good opening weekend for the Buckeyes, and Beals came away encouraged. Desze was named the B1G Player of the Week for his efforts.

“We have talked about how Sundays will always be tough games,” head coach Greg Beals said. “The team that will grind it out and compete will be the team that wins. We beat two teams that played in NCAAs last year and UConn even made a Super Regional. They are the teams we want to play and we want to beat so it’s good to get off to a good start against them.”

Ohio State will continue its southern-swing next weekend, when they travel to Atlanta to for a three-game series against the Ramblin’ Wreck of Georgia Tech. The Yellow Jackets, 9th in the national polls, were stunned in a season-opening loss against Kent State last weekend.

They see blaz rola, they hatin’

At 11-0, the third-ranked Buckeye tennis team got a chance to extract a bit of revenge against the last team to beat them in Columbus, the Virginia Cavaliers, but this time, they would take on the Cavs in Virginia, as part of the 2012 National Team Indoor Championship, being held in Charlottesville, VA. 

The tournament’s semi-final, Virginia, ranked #2 nationally, proved to be little competition for the Buckeyes; who were led once again by the duo of senior Chase Buchanan and sophomore Blaz Rola. Ranked as the 16th and 12th-ranked singles players, respectively, both of the Buckeye best handled their business in three sets, despite being upset in doubles play. Buchanan and Rola are ranked the nation’s top pair, but fell to the 12th ranked team of Drew Courtney and Jarmere Jenkins. Ohio State’s Peter Kobelt, an unranked sophomore from New Albany, Ohio got things rolling for the Buckeyes when he pulled off the upset of the tournament, knocking off Virginias’ Mitchell Frank, the nation’s top singles player.

When it was all said and done, the Buckeyes had taken care of business, upsetting the #2 Cavaliers by a score of 4-1, setting them up for a shot at the nation’s top team, USC in the tournament championship. 

In the finale, the Buckeyes, now 12-0, tasted defeat for the first time this season, when they lost to the Trojans 4-3. Rola and Buchanan bounced back on the doubles court, but Buchanan fell USC’s Steve Johnson in straight sets (6-3, 6-4) and the Buckeyes were unable to pull off a needed upset to secure the match. 

With the loss, the Buckeyes fall to 1-5 all-time against USC on the tennis courts, including a loss in the 2009 National Championship in Austin, Texas. 

Ohio State will get back on the horse this upcoming weekend, when they will host Kentucky and North Carolina.

Buckeye Bits

Natalie Spooner, a senior forward for the Buckeye women’s hockey team, is a nominee for the 2012 Patty Kazmaier Memorial Award, given to the nation’s premier women’s hockey player in the country. Spooner has scored 29 goals in 32 games to lead the Buckeyes, and has also recorded 19 assists, leading the team in scoring with 48 points on the year.

The #8 men’s volleyball team picked up a 3-1 win over Carthage this past weekend. The Buckeyes are now 11-4 on the year, and will travel to Illinois  this weekend for a couple of matches against Lewis and Loyola Chicago.

Congratulations go out to Buckeye senior Alayna Markwordt, who became the all-time leading scorer Ohio State women’s lacrosse history with four goals against Louisville on Sunday. She has scored a point in 52 straight games.

Six-time All-American diver Bianca Alvarez won her first B1G titles when she captured the 1-meter and 3-meter dives at the conference championships in Iowa.

Article source: http://www.elevenwarriors.com/2012/02/around-the-oval-0