24 The Queens Courier • may 22, 2014 for breaking news visit www.queenscourier.com Fresh Meadows residents, pols worry about sinking street THE COURIER/Photo by Liam La Guerre Fresh Meadows residents and politicians are complaining about the sinking roadway on 179th Street. BY LIAM LA GUERRE lguerre@queenscourier.com/@liamlaguerre Residents and politicians are complaining about a cracked and sinking street in Fresh Meadows and are calling for the Department of Environmental Protection (DEP) to repair it. The middle of 179th Street between Union Turnpike and 75th Avenue has sunk a few inches after underground support for the roadway collapsed, which residents have been complaining about since last May. Local politicians and civic leaders said the issue is getting worse and it creates a problem for pedestrians and drivers. Councilman Rory Lancman and Assemblywoman Nily Rozic held a press conference May 19 to rally the DEP to fix it. “DEP needs to figure out what’s going on in a timely matter, and homeowners shouldn’t be penalized,” Rozic said. “The DEP needs to take responsibility.” Cars driving on the street avoid the noticeable dip in the road and vehicles are parked at a slanted angle, The Courier observed during a recent trip to the site. The city agency has examined the collapse and found that its sewer line underneath the road is not the problem, but it may be a leak from a resident’s private sewer line that caused the issue, Community Board 8 District Manager Marie Adam-Ovide said at a recent meeting. The DEP is currently trying to find the source of the problem. “DEP has not identified any issues with the city’s water or sewer infrastructure and we have also investigated a number of private water and sewer service lines,” a spokesperson for the agency said. “There are also a number of private lines we have not been able to gain access to. Once we identify the source of the cave-in we will ensure repairs are made and the street is repaired.” The DEP has made quick fixes to the sinking street in the past, but residents are upset that they have had to deal with the problem for so long. “We want things to happen sooner rather than later, and it took a long time for it to get to this point,” Adam- Ovide said. 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Not to be combined with any other offer. • Lenses Duplicated • Motor Vehicle Exam • Prescription Filled • Adjustments Done At No Extra Charge • Lab on Premises • Tinting • Eye Exams Clifford Optical 38-19 BELL BOULEVARD, BAYSIDE • 718.229.8086 OFFERING THE LOWEST PRICES ON CONTACT LENSES Legally Speaking By: Scott Baron, Attorney at Law IN HOT PURSUIT Q: In the early evening, a police officer was sitting in his patrol car. He observed a van that fish-tailed and squealed its tires while making a turn. The officer decided to follow it. In response, the driver speeded through a stop sign. The officer activated his red lights. The van pulled away. The officer turned on his siren. The van drove into a lane for oncoming traffic and ran a red light. Then it collided with my car. A: Under the Vehicle and Traffic Law, the police officer is permitted to proceed past red traffic lights and stops signs, exceed the speed limit and disregard regulations regarding the direction of traffic – as long as she is not reckless. As long as she has not acted in reckless disregard for the safety of others, then her conduct in pursuing a suspected lawbreaker may not form the basis of civil liability to an injured third party, like you. The duties of police officers and other emergency personnel often bring them into conflict with the rules and laws that are intended to regulate citizens’ daily conduct. Consequently, where necessary to carry out their important responsibilities, police officers and the like are afforded a partial privilege to disregard those laws. Emergency personnel must routinely make conscious choices that will necessarily escalate the over-all risk to the public at large. So long as she is not reckless, the operator of an emergency vehicle is free to perform her duties unhampered by the precisely normal rules of the road. Split-second decisions must be made in the field under highly pressured conditions. In order to save life or property or to apprehend miscreants, emergency personnel are permitted to act decisively and to take calculated risks. Having observed erratic and dangerous driving on the part of the van driver, the officer was duty-bound to investigate, using all reasonable means, including pursuit, to stop the lawless vehicle’s forward progress. The conduct the officer observed was far more serious than whatever minor traffic infractions she may have committed. Under these circumstances, the officer had the right to use whatever means are necessary – short of recklessness – to overtake and stop the offending driver. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878
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