The QUeeNS CoUrier •JANUARY 3, 2013 for breaking news visit www.queenscourier.com CITY OF NEW YORK SCOTT BARON’S STAR OF QUEENS PUBLIC LEASE AUCTION star January 23, 2013 queensOF Retail Space at 8501 & 8509 Fifth Avenue Bay Ridge, Brooklyn Unimproved Land Available including M Zoned Queens Sites (102,732 sf & 15,838 sf) For information on these and other sites Call (212) 386-0335 ask for Lease Auction or visit the DCAS Website at: nyc.gov/auctions DoLores orr COMMUNITY BOARD 14 CHAIR COMMUNITY INVOLVEMENT: As chair of Community Board 14, Dolores Orr oversees happenings all over the Rockaway peninsula. She works with the com- munity board staff and city agencies to address quality of life issues, such as zon- Advertorial ing problems, economic development and, most recently, post-Sandy clean up. Legally Speaking PERSONAL: Born and raised in Rockaway, Orr is the third generation ofOrr is also the president of the Rockaway Beach Civic Association. “civil servants” throughout the peninsula; her father grew up just blocks from By: Scott Baron, her grandmother was one of the first Gold Shield detectives in the 1930s. Onewhere she grew up. Both of her grandparents were members of the NYPD, and Attorney at Law of seven children, her family still lives in the Rockaways, just blocks from her home on Shore Front Parkway. A POLICE OFFICER’S ADVANTAGE FAVORITE MEMORY: Orr’s favorite memory is also what she considers to be Q: As I drove my patrol car on the Thruway, on duty, I was suddenly struck by a her greatest accomplishment – the Arverne By The Sea project. Advertised as pedestrian driver which caused my vehicle to strike a third vehicle. The pedestrian claimed “New York City’s hottest new oceanfront community,” Orr and the community a tire rim suddenly appeared after a curve in the road and she instinctively turned her board saw the project through from the space being a vacant lot, to now being vehicle right to avoid it. I feel that either the pedestrian was speeding or wasn’t paying a completely occupied, luxurious living facility. attention. INSPIRATION: Orr believes that her inspiration comes from a combination of being raised by “civil servants” and also believing in community service as part A: Under the emergency doctrine, when a driver or other person is faced with a sudden of your everyday life. and unexpected circumstance – leaving little or no time for thought, deliberation or “I just love where I live, and I want it to be better,” she said. consideration, or causing the driver reasonably to be so disturbed that the driver must BIGGEST CHALLENGE: Because of its geographic isolation, an increase in make a speedy decision without weighing alternative courses of conduct – the driver is not public transportation is what Orr said is the “number one need.” negligent if her actions are reasonable and prudent in the emergency context. “We need more transportation for both growth and for people in the borough and Accordingly, it is difficult to hold the pedestrian responsible for the actions she took in the city to come out and enjoy Rockaway,” she said. after her emergency situation arose. Rather, your best legal position is that the pedestrian, She also said that there is a need for better schools – now, many students travel off due to something like excessive speed or inattention, failed to see debris in the road that of the peninsula for high school, and Orr knows that a greater focus on education could she should have seen. result in children staying local for school. Because you were a police officer on duty, you can proceed under General Municipal Lately, a challenge for Orr has been dealing with the “many more layers of govern- Law § 205-e rather than under general principles of common-law negligence. The ment” after the storm to ensure that their shoreline is restored better than before, and disadvantage of section 205-e is that you must identify a specific governmental statute also jumping over the “many road blocks” to help residents and small businesses get or ordinance with which the pedestrian failed to comply. Mere ‘failure to use due care’ back on their feet. will not suffice. BY MAGGIE HAYES “proximately caused” by the pedestrian’s violation. The statute requires only that a police brought to you byThe advantage of section 205-e is that you need not prove that your own accident was officer’s own accident “occurs directly or indirectly as a result” of the violation. The courts deem this a degree of connection that is easier for you to meet than proximate cause. SCOTT BARON & ASSOCICATES, P.C. Attorneys & Counselors at Law The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. Copyright © 2012 Scott Baron & Associates, P.C. All rights reserved. 1-866-WAS-HURT (866) 927-4878159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710 718.738.9800 718-738-9800, 914-337-9800, 1-866-927-4878
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