Outer borough metered cabs head to NY's highest court

This cab fight is going straight to the top.

The city has received permission to bypass the Appellate Division and go directly to the state's highest court -- the Court of Appeals -- to try to overturn a lower court ruling blocking a new class of 18,000 taxis that would be allowed to pick up street hails outside Manhattan.

"We are very grateful that this important case can move forward far more quickly..." said Corporation Counsel Michael Cardozo.

Still, it may be a while before there's a decision in the high-stakes case.

Michael Woloz, a spokesman for the Metropolitan Taxicab Board of Trade, said he expects that the high court won't hear oral arguments before April or May.

Alamy

A woman hails a cab in Manhattan.

"It really was a mutual decision," he said of the speeded-up schedule.

"We were all going to end up at the Court of Appeals any way."

The city has a lot riding on the outcome.

As part of his proposal to expand metered cab service to Brooklyn, Queens, The Bronx, Staten Island and northern Manhattan, Mayor Bloomberg also got to sell 2,000 more yellow cab medallions.

The sale was expected to haul in $1.46 billion over three years.

Both the taxi expansion and the medallion sale were approved by Albany.

But the taxi industry sued. In August State Supreme Court Justice Arthur Engoron ruled it was unconstitutional for the state Legislature to green light the mayor's plan without a "home rule" message from the City Council.

As a result, the mayor decided to remove the anticipated medallion revenue from this year's budget.

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Shoppers found bigger sales, smaller crowds

Shoppers who waited until the final days before Christmas were rewarded with big bargains and lighter crowds. But their last-minute deal hunting may hurt stores.

Although fresh data on the holiday shopping season aren’t yet available, analysts expect growth from last year to be modest. Several factors have dampened shoppers’ spirits, including fears that the economy could fall off the “fiscal cliff,” triggering tax increases and spending cuts early next year.

On Christmas Eve, Taubman Centers, which operates 28 malls across the country including Miami-Dade’s Dolphin Mall, reported a “very strong weekend.” But many last-minute shoppers in cities including New York, Atlanta and Indianapolis were spending less than they did last year, and taking advantage of big discounts of up to 70 percent that hurt stores’ profits.

Kris Betzold, 40, of Carmel, Ind., was out at the Fashion Mall at Keystone in Indianapolis on Monday looking for deals on toys, and said she’s noticed the sales are “even better now than they were at Thanksgiving.” She said the economy has prompted her and her husband to be more frugal this year.

“We under-budgeted ourselves by $400 for Christmas because we just wanted to put that money back in savings,” she said.

Dianne Ashford, 40, was at the Lenox Square Mall in Atlanta on Monday, said she was spending $500 on gifts this year, down from the $1,000 she normally spends.

“Times are hard,” said Ashford, who works for a film production company. The best deal she found this year was a guitar for her mother, half off at $79.

Other last-minute shoppers said they were holding off as much as possible for even bigger post-holiday sales.

Chris Ailes, a 37-year-old TV producer, also was at the Lenox Square on Monday to pick up last-minute gifts for his mom and grandmother. With the economy so shaky, he and his family are trying to cut back on spending. So he said he’s looking forward to discounts after Christmas.

“That’s when the sales are going on,” he said.

At Macy’s in New York, shopper Maureen Whyte had a similar game plan in mind. Whyte, a 33-year-old who works for an insurance company, was picking up last-minute stocking stuffers for her kids. For some toys, however, she was holding off for the post-Christmas sales and her kids understood why.

“I told them, `Whatever Mommy didn’t get you, you’ll get after this week,“’ she said, noting that her children, ages 5 and 10, are fine waiting as long as they know they’ll eventually get their toys.

That’s grim news for retailers, which typically get 40 percent of their annual sales in the critical November to December period. Although the week after Christmas is considered part of the season, by that time retailers are backed into a corner since it’s their last chance to get rid of items that have been sitting on shelves for months. The steep discounts during that time mean sales are less profitable.

ShopperTrak, which counts foot traffic and its own proprietary sales numbers from 40,000 retail outlets across the country, last Wednesday cut its forecast for holiday spending down to 2.5 percent growth to $257.7 billion, from prior expectations of a 3.3 percent rise.

Online, sales rose just 8.4 percent to $48 billion from Oct. 28 through Saturday, according to a measure by MasterCard Advisors’ SpendingPulse. That is below the online sales growth of between 15 to 17 percent seen in the prior 18-month period, according to the data service, which tracks all spending across all forms of payment, including cash.

Marshal Cohen, chief research analyst at the market research firm NPD Inc., said retailers will have to be more aggressive than usual with discounts in the days after Christmas to get shoppers to spend. That could mean some stores will slash prices by as much as 80 percent to make shoppers believe the sales are a “once in a lifetime opportunity.”

“Consumers are going to be rewarded for waiting until after the holidays,” he said.

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Broward warns boaters of high number of manatees in waterways

During the current cold snap, Broward officials are asking boaters to lookout for the record number of manatees in the county’s waterways this year.

The staff of the Natural Resources Planning and Management Division has counted 477 manatees during the first week of December — more than twice the historical average for this time of year. That number has since decreased.

“The current cold front should cause the number to jump back up well into the hundreds,’’ said Pat Quinn, Marine Resources with Broward County NRPMD.

The county is urging boaters to strictly obey posted speed restrictions in manatee-protection zones.

To help spot the manatees, boaters should also wear polarized sunglasses and watch for the large telltale circular slicks on the surface of the water, called manatee “footprints,” that indicate the presence of manatees.

The majority of the manatees will be traveling south in the Intracoastal Waterway to the warm-water refuges of the Lauderdale Power Plant cooling lakes and Port Everglades' Power Plant cooling canal.

Besides the Intracoastal, other poplar manatee hubs are w the New River, South Fork of New River, Dania Cutoff Canal and surrounding waters of Port Everglades.

The 2012 manatee season runs from November 15 to March 31, 2013.

Statewide, 78 manatees have been killed by boats in 2012 with three of those deaths occurring in Broward.

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Obama joins mourners at memorial service for late Sen. Inouye in Hawaii

AFP/Getty Images

President Barack Obama and First Lady Michelle Obama stand in respect as the casket carrying the late Senator Daniel Inouye is carried past at the National Memorial Cremetary of the Pacific in Honolulu.

HONOLULU — President Barack Obama, Gov. Neil Abercrombie and other dignitaries attended a memorial service for the late Sen. Daniel Inouye on Sunday.

A 19-gun cannon salute was fired as Inouye's coffin arrived for the service at Honolulu's National Memorial Cemetery of the Pacific, the final resting place to thousands of World War II veterans. More than 400 members of the storied Japanese-American 442nd Regimental Combat Team — of which Inouye was a part — are buried at the site.

REUTERS

President Barack Obama hugs Irene Hirano Inouye, widow of the late U.S. Senator Daniel Inouye, after she receives the flag that draped his casket at the memorial service at the National Memorial Cemetery of the Pacific in Honolulu.

EPA

Senator Daniel Inouye died at the age of 88 Dec. 17. He was first Japanese-American elected to both houses of Congress and the second-longest serving senator in US history.

Several cabinet secretaries and a number of senators also attended the service, including fellow Hawaii Democrat Daniel Akaka and Senate Majority Leader Harry Reid.

"Daniel was the best senator among us all," Reid told those assembled. "Whenever we needed a noble man to lean on, we turned to Sen. Dan Inouye. He was fearless."

The 88-year-old Inouye died of respiratory complications on Dec. 17.

He was the first Japanese-American elected to both houses of Congress and the second-longest serving senator in U.S. history.

The past week has been marked by tributes and honors for Inouye, with services held in Washington and in Hawaii. He lay in state at both the U.S. Capitol Rotunda on Thursday and the Hawaii state Capitol on Saturday.

Inouye was a high school senior in Honolulu on Dec. 7, 1941, when he watched dozens of Japanese planes fly toward Pearl Harbor and other Oahu military bases to begin a bombing that changed the course of world events.

He volunteered for a special U.S. Army unit of Japanese-Americans and lost his right arm in a battle with Germans in Italy. That scratched his dream of becoming a surgeon and went to law school and into politics instead.

He became known as an economic power in his home state as part of the Senate Appropriations Committee, where he steered federal money toward Hawaii to build roads, schools and housing.

Obama eulogized Inouye during a service at Washington's National Cathedral on Friday, saying that Inouye's presence during the Watergate hearings helped show him what could be possible in his own life.

The president arrived early Saturday in Honolulu for his annual Christmas family vacation.

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Time’s up for holiday shopping procrastinators

Last minute shoppers like Josette Tyne are in luck this year.

With a long weekend before Christmas, retailers want to make it easier for procrastinators to finish their gift buying. Macy’s for the first time is keeping all its stores open around the clock from Friday until Sunday at midnight. Toys “R” Us and Walmart Supercenters will be open non-stop until Christmas Eve.

Even those retailers skipping the all nighter still have added extended hours often as late as 11 pm or midnight. Coupled with a flurry of last minute promotions, they hope to lure shoppers, many of whom have been largely sitting on the sidelines since Black Friday.

Tyne, 33, just starting her shopping this week at Aventura Mall, armed with a list of about two dozen people and the presents they wanted. The list would have been longer if the Fort Lauderdale resident hadn’t limited it to the kids in her family.

“I’ll probably be shopping every day from now till Sunday,” said Tyne, as she wheeled the youngest of her three boys around H&M in a stroller before heading on to Game Stop, Urban Outfitters and BCBG. “Whatever catches my eye. Luckily the kids usually like everything I get. I’m the awesome Auntie.”

A Consumer Reports Poll released earlier this week found that with just five shopping days left until Christmas, a whopping 68 percent of shoppers — a projected 132 million Americans — have yet to finish their holiday shopping.

With an early Thanksgiving leaving an extra week until Christmas and a long weekend before Tuesday’s holiday, shoppers have felt little need to rush. They also haven’t found December deals to be quite as compelling as the November sales.

Based on disappointing sales trends earlier this month, ShopperTrak said Wednesday it was cutting its holiday sales forecast. The company, which counts foot traffic and its own proprietary sales numbers from 40,000 retail outlets across the country, now expects a 2.5 percent sales increase to $257.7 billion, down from the 3.3 percent growth it initially predicted. The National Retail Federation is sticking with its prediction of a 4.1 percent sales increase.

Online sales trends are more encouraging, up 13 percent to $35 billion from Nov. 1 through Dec. 16, according to comScore, an online research firm. But that pace is below the forecast of 17 percent for the season.

“It’s coming down to the wire,” said David Bassuk, managing director and co-head of the retail practice at AlixPartners, a global consulting firm. “It’s going to require retailers to be more aggressive with their promotions than they were hoping heading into the weekend.”

While the economy is certainly in a better position than it was during the recession, many consumers still feel uneasy this year about their financial future. Some are worried about the U.S. job market and others fear the stalemate between Congress and the White House over federal “fiscal cliff’’ that could lead to tax increases and less disposable income for shoppers.

That was the case for Latonya Jones, on the hunt for bargains at Aventura Mall, coupon-loaded iPad in hand.

“I wasn’t going to buy anything this year, because I wanted to save money,” said Jones, 39, of Miami Gardens, who was shopping with her daughter Richelle, 12, this week in Macy’s. “But then I changed my mind.”

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The man behind the camera: legendary Miami photog Tim Chapman retires

Here is a Tim Chapman story, one of many concerning the Herald photographer who worked his last day this past Friday after 40 years on the job.

It was a frigid morning in South Florida. Tim, our roving a.m. shooter/newsgatherer, was out performing a humdrum chore: looking for a “weather photo.”

The call came in to the news desk around 9. It was Tim checking in from Bill Baggs state park, where the manager had just explained that on bone-chilling days, the park’s iguanas drift off into a trance-like state and go limp, plopping to the ground like ripe mangos. When the weather warms up, they reanimate and skitter away.

And, by God, it was true, Tim said, at least the falling-out-of-trees part. Instead of a carpet of leaves, Bill Baggs was blanketed by catatonic iguanas.

That sounds fishy, an editor told Tim, but he insisted it was so, and he is a very insistent guy. So, OK. We put a blurb online that said the weather was so cold in South Florida it was “raining iguanas in Key Biscayne.” Exaggeration? Maybe a tiny bit. But we figured what the heck. It’s Web only. It will never wind up in the paper.

Tim, though, was a little irate. Half an hour later, he stormed into the newsroom, stalked over to the news desk and threw down a limp, green, two-foot-long iguana like a poker player revealing a royal flush. Then he launched into a tirade about never, ever doubting him if we know what’s good for us. He was sort of kidding. Maybe.

After that admonition, Tim, ever the environmentalist, took the creature downstairs and (he swears) revived it with his lighter.

Late that night, Tim’s editor got a call on his cell phone from Tim, never a good thing. Tim had had a beer or two, and he was howling, like a grizzly with his paw in a trash compactor. Between threats and curses, he roared that “SOMEBODY is messin’ with our STORY!”

A subsequent call to the news desk revealed that the story had done so well on the Web that they’d decided to run it in the next day’s paper. Except a literal-minded night editor had gotten his mitts on it, phoned Tim and wanted to know how we could possibly say it was “raining iguanas”? Did we count the iguanas? Was it two? Five? Fifty? Shouldn’t we do a little more reporting before making such a bold, sweeping statement? Maybe interview an expert on animal physiology?

For Tim, who hates authority, hates being grilled, hates process, hates editors, it was too much.

The good thing about newsrooms is that they attract quirky, interesting, head-strong individuals. Tim is one. He despises bosses and corporations, loves the outdoors and nature, has no neck but fists like a sock full of rocks. He is fierce, fearless, funny, proud, and maybe a little crazy, but in a good way.

On a newsman’s salary, he helped put his son through medical school. He is retiring with Charlene, his new bride (they were married last month after 15 years together) to a home on stilts in Big Torch Key, miles off the main road, where he can enjoy a drink and smoke a cigar undisturbed while watching the sun sink slowly into still waters. He built that home with his own hands, over a period of years.

As a Herald photographer for four decades, he covered wars, hurricanes, riots, earthquakes, waves of refugees, kidnappings, plane crashes and the Jonestown mass suicide in Guyana.

And, on a cold day in January 2008, the one and only “iguana rainstorm” ever to hit Key Biscayne.

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Buzzmakers: New X Factor and Miss Universe Winners

What had ET readers buzzing this week?

1. 'The X Factor' Crowns A Winner!

And the $5 million recording contract goes to…

Tate Stevens! The 37-year-old country crooner beat out runner-up 13-year-old Carly Rose Sonenclar for the top prize Thursday night. 35 million votes were cast Wednesday to determine victory for L.A. Reid's mentee.

Near tears, the Raymore, Missouri native thanked his fans for their overwhelming support.

"This is the best day of my life," said an emotional Stevens.

Girl group Fifth Harmony, mentored by Simon Cowell, placed third in the competition. Earlier in the night, the holiday themed finale saw performances by One Direction and Pitbull.

Auditions for an all-new season of The X Factor USA have already begun online. In-person auditions will start on March 6, 2013 in Los Angeles.

The celebrity judging panel has yet to be announced, but L.A. Reid has already taken himself out of the running. Spears has expressed interest in returning to the show for season three, but nothing has been confirmed.

2. Miss Universe 2012 Crowned

Beauties from 89 countries strutted their stuff Wednesday night in pursuit of the Miss Universe crown, but only one woman would earn the coveted title.

In the end a panel of ten celebrity judges, including Cee Lo Green and U.S. Olympic gold medalist Kerri Walsh Jennings, appointed Miss USA Olivia Culpo the winner.

The 20-year-old Rhode Island native beat out Miss Brazil (Gabriela Markus) Miss Philippines (Janine Tugonon), Miss Mexico (Irene Sofía Esser Quintero), and Miss Australia (Renae Ayris) for the distinction.

Culpo follows in the footsteps of Miss Angola, Leila Lopes, who earned the crown in 2011.

The two-hour show was broadcast live from Las Vegas with musical acts One Direction and Train lending their talents to the annual extravaganza.

3. Exclusive: Arsenio on His Late Night TV Return

Break out the Woof! Woof! fist pump: Arsenio Hall is coming back to late night TV in the Fall of 2013 after a 17-year break from the game, and only ET is behind the scenes with the timeless talk show host as he shoots his first-ever promo for The Arsenio Hall Show!

"[This is] the first time America will see anything on television about the show," says Arsenio. "Instead of a commercial where I do something like say, 'I'm baaaaack' -- and everybody's, 'Ugh' -- they've come up with a real, unique, creative angle that -- actually, I looked at dailies, and it scared me. I looked at the dailies and I frightened myself."

The trailer-length promo from CBS Television Distribution pays homage to horror movies and begins airing today on all Arsenio Hall Show affiliate stations, kicking off the campaign for the new late night syndicated talk show that will be seen all across the country next year.

"I'm real excited about this; so many things have changed in pop culture since I left the air," says Arsenio about his return to late night. "I can't wait."

The Arsenio Hall Show premieres on 9/9/13. Look for much more with Arsenio between now and then, only on ET!

4. Claire Danes Gives Birth

It's a boy!

Homeland star Claire Danes and her husband Hugh Dancy welcomed their very first child together on Monday, December 17, her rep confirms to People Magazine.

The proud parents named their bouncing baby boy Cyrus Michael Christopher Dancy.

Danes, 33, wed Dancy, 37, in 2009 after two years of dating.

5. President Obama is Time's Person of the Year

For 2012, Time Magazine has selected President Barack Obama as their Person of the Year.

"For finding and forging a new majority, for turning weakness into opportunity and for seeking, amid great adversity, to create a more perfect union, Barack Obama is Time's 2012 Person of the Year," Time's Managing Editor Richzard Stengel explained.

He also cited both of the president's re-elections, snagging over 50 percent of the popular vote, as one reason he received this honor.

This is the second year Time has tapped Obama as their Person of the Year -- he previously was selected in 2008 for becoming the first black president of the United States.

Time previously named the eight finalists for 2012's Person of the Year. They included: Bill and Hillary Clinton, Apple CEO Tim Cook, Malala Yousafzai (the Pakistani girl who was shot by the Taliban for her crusade for better girls' education), Yahoo! CEO Marissa Mayer, Egyptian president Mohamed Morsi and the three scientists who discovered the Higgs Boson particle.

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Staten Island man killed in early-morning house fire

A Staten Island man was killed when an early-morning fire swept through his home, police and relatives said.

Jameek Champagne, 23, died in the third-floor attic of the home on Osgood Avenue in Clifton. His brother and grandfather escaped the blaze uninjured.

A neighbor reported the blaze after seeing flames erupt from the house at about 5:40 a.m. He banged on the door in a frantic effort to awaken its residents.

The fire was extinguished about an hour after it started, according to an FDNY spokesman. Fire marshals are investigating what caused it.

About ten cars full of grief-stricken relatives and friends came to the scene to mourn Champagne. His devastated girlfriend said that the two had a newborn girl and a 1-year-old boy.

G.N.Miller/New York Post

The Staten Island house after it was damaged by the fire

“We’re just trying to find out how this happened,” Champagne's uncle said, weeping.

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Stand Your Ground motion denied in Janepsy Carballo case

It will be up to a jury to decide if Janepsy Carballo was justified in the killing of the man she said killed her husband.

The Stand Your Ground motion filed by her defense was denied on Friday, based largely on Carballo’s inadvertent confession to a confidential informant who was wearing a police wire to investigate an unrelated drug charge at the pain management clinic where she worked.

“The inescapable conclusion is that the defendant lured the victim to the home and killed him,” said Miami Circuit Court Judge Beth Bloom, reading in court from a statement explaining her decision. “The taped conversation between the defendant and the disclosed confidential source is compelling, incapable of being ignored, downplayed or interpreted in any other manner but one of revenge.”

In May 2008, Carballo shot Ilan Nissim six times in the back and arm when she said he came to her house uninvited. Cellphone records show that she called Nissim three times that day, asking him to come over.

The shooting came one month after Carballo’s husband and toddler son were shot in front of her house. Her son survived; her husband did not. Nissim was a suspect in the murder.

Carballo said her 37-year-old husband, Orlando Mesa, was an “entrepreneur” who worked as a mechanic and was involved in drug dealing. Mesa and Nissim were involved in some business transactions including a $180,000 real estate deal, the defendant said.

Explaining her decision, Judge Bloom read from the transcript of Carballo’s 3 1/2-hour conversation with the confidential informant, quoting the 34-year-old defendant as saying, “An eye for an eye. I want his daughter to grow up without a father just like my son.”

Since the Stand Your Ground statute was passed in 2005, it has been used in “fake defenses” all over the state of Florida, Miami-Dade State Attorney Katherine Fernandez Rundle said in an interview.

The controversial law, which eliminated the duty to retreat when threatened, came under scrutiny in February when neighborhood watch volunteer George Zimmerman shot and killed Trayvon Martin, an unarmed teenager in Sanford. Police initially declined to charge Zimmerman when he invoked the Stand Your Ground statute. Zimmerman now faces charges of second-degree murder.

In response to national outcry surrounding the Trayvon Martin case, Florida Gov. Rick Scott commissioned a 19-member task force to make suggestions about the law. Their findings, presented to the state Legislature in November, did not suggest major changes.

Other states have enacted similar laws, which are supported by the National Rifle Association.

Two days before the ruling on the Carballo case, Sen. Chris Smith of Fort Lauderdale introduced a bill in the state Senate to amend the Stand Your Ground statute by removing immunity from prosecution for someone who initiates a confrontation or pursues a victim.

Fernandez Rundle also made suggestions to change the law, specifying that immunity should be granted only to someone “who does not initially provoke the force,” according to documents from the state attorney’s office.

“A lot of people are trying to abuse the good intentions of the statute,” Fernandez Rundle said. Although she declined to comment at length on the pending Carballo case, she said she “appreciated the judge’s order validating our position and our interpretation of the facts of the case.”

Carballo has been charged with first-degree murder. She goes on trial in April.

Follow Anna Edgerton on Twitter @AnnaEdge4.

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SaleSpider Media Gets Ready for 2013

SaleSpider Media had an extremely successful 2012 and looks to bring that success into 2013.

toronto, ON (PRWEB) December 21, 2012

SaleSpider Media had an extremely successful 2012 and looks to bring that success into 2013. Over the past year each of SaleSpider Media’s social networks have growth substantially. SaleSpider.com, North America‘s largest SMB social network, grew by over 500% in 2012. SaleSpider Media’s other properties, HomeOwnersCircle.com and WealthMason.com, each grew by over 2000% in traffic over the same time period.

The substantial growth of SaleSpider Media can be attributed to the company’s digital innovations in the past year, here is a quick snapshot:

SaleSpider Media looks to continue to bring great innovations to our social platforms and grow with our users in the coming year of 2013.

About Sales Spider Media:

SaleSpider Media is a leading internet company with multiple fast-growing, highly-related brands serving loyal consumer and business audiences…our mission is to harness the power of interactivity to make daily life easier and more productive for people all over North America and The World.

SaleSpider Media’s exclusive web properties have millions of unique visitors and opt-in members and are growing by over 90% each quarter. The company has deep reach to in-market buyers in Auto, Travel, Finance, Insurance, Technology, B2B, and many more!

SaleSpider Media works with top Fortune 100 companies and is a leader in…

• First Party Data Targeting reaching “ready to buy” consumers


• Reaching Business Decision Makers by company size, industry, title and geography


• Social Media, multiple platforms including the largest small business social network in North America

To learn more about SaleSpider Media, please see SaleSpiderMedia.com.

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Sales Spider Inc.
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