Queens cries for Sandy hero








Rockaway residents rescued by a daring surfer during Hurricane Sandy are now grieving over the tragic drowning of the young man, who risked his life doing “what he thought was right.’’

Dylan Smith, 23, who used his surfboard to float six of his neighbors to safety, died Sunday in Puerto Rico when massive waves pulled him under as he surfed there on vacation

“My heart bleeds for his family. He didn’t deserve this. He saved my sister, and he didn’t want to be thanked,’’ Ray Marten Jr., 15, said yesterday.

“He just did it because that’s what he thought was right,” the teen said, recalling how Smith pulled Ray’s 13-year-old sister, Lauren — struggling to stay afloat in the storm-fueled waves — onto his board and paddled to land.





‘ALWAYS THE GOOD ONES’: Donna Moroney (below) is consoled yesterday over the death of her nephew, Dylan Smith (above), who was hailed for using his surfboard to rescue Rockaway residents from Sandy.

Ellis Kaplan





‘ALWAYS THE GOOD ONES’: Donna Moroney (below) is consoled yesterday over the death of her nephew, Dylan Smith (above), who was hailed for using his surfboard to rescue Rockaway residents from Sandy.






On other trips, he carried five people — some of whom had been trapped on their porches — to safety.

Smith’s family was devastated.

“All Mary and Timmy and Jake want is Dylan home for Christmas,” said a family friend, referring to Smith’s mom, his FDNY dad, and his younger brother.

The hero’s aunt, Donna Moroney, said his mom “doesn’t have his body to hold. She wants to hug and kiss him. She just lay in his bed all day yesterday.”

“Why is it always the good ones?” she asked. “He saved all those people; he put his life at risk.’’

Moroney said Smith had been on the island four days when he died.

Other surfers were nearby when he was pulled underwater said Puerto Rican National Police spokesman Ruben Alvarez.

When Smith resurfaced, surfers paddled him to shore. One of them, a doctor, began CPR but was not able to revive him.

“It was pretty dangerous out there. The waves were big, and the current was strong,” Alvarez said.

Smith was named one of People magazine’s Heroes of 2012 for his bravery the night of Sandy.

In addition to saving his neighbors, he also helped them rebuild.

“Dylan was helping people even after this. He was helping neighbors clear out their property, rip out basements,’’ Ray Marten Sr. said.

“Whatever was needed, he was there doing.”

Neighbors couldn’t bear the thought of Smith’s family suffering during the holiday.

“It’s Christmas Eve. The timing is just awful,” said local resident Emalia Cann, 51.

“I haven’t even gone in and seen the family yet. What can I say to them? I could just give them a big hug,’’ she added.

“I’ve known Dylan since he was 6 years old. He’s a hero. He saved so many people the night of the storm.”

jsaul@nypost.com










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New generation of judges serving on federal bench in South Florida




















For a fleeting moment this fall, U.S. District Judge Robert N. Scola Jr. declared in jest that he wished he were “king of the world.”

If he had such power, Scola said from the bench, he would deny a defense lawyer’s request to travel to Pakistan to question a group of defendants charged in a Miami terrorism case along with two Muslim clerics. Since the missing defendants weren’t present, the judge considered them “fugitives.’’

But the judge let the defense team make the upcoming trip against fierce opposition from prosecutors, because case law allows such extraordinary depositions, he found.





Scola, a former Miami-Dade prosecutor and state circuit court judge, relishes his role as one of three new members on South Florida’s federal bench, which is experiencing a generational sea change as the result of several retirements and presidential appointments.

“I knew I wanted to be a judge when I was 10 years old; my father was a judge in Massachusetts,” Scola said, during a brief December interview wedged between verdicts in the South Beach “bar-girls” trial and the sentencing of a mental-health clinic director convicted of Medicare fraud.

Over the past few years, the federal court in the Southern District of Florida has seen the departure of four judges — Daniel T.K. Hurley, Paul C. Huck, Alan S. Gold and Patricia A. Seitz — who have gone on “senior” status, meaning they handle lighter caseloads. Another federal judge, Adalberto Jordan, was confirmed this year as a member of the 11th U.S. Circuit Court of Appeals in Atlanta.

Those five vacancies, in one of the busiest federal districts for criminal and civil cases in the country, accounted for about one-third of all the positions on the federal bench in South Florida.

The retirements have generated coveted openings that have been filled by Scola, 57; Kathleen M. Williams, 56, a former Miami federal public defender; and Robin S. Rosenbaum, 46, a former Fort Lauderdale federal magistrate judge. Rosenbaum, also a one-time federal prosecutor, was sworn in as a new U.S. district judge Dec. 13.

“It’s pretty obvious that Robin is never going to make a decent living,” 11th Circuit Judge Stanley Marcus, for whom Rosenbaum once clerked, quipped about her public-service career during her investiture in Fort Lauderdale federal court.

But then Marcus struck a more serious note, describing federal district judges as the “crucible of justice” in the U.S. court system. “I have to say, Robin, this is work you were born to do,” he said.

Another recent nominee: Miami-Dade Circuit Judge William L. Thomas, a former assistant public defender in both the state and federal system. Thomas is scheduled for confirmation as a federal judge in 2013. If confirmed, he would become the first openly gay black man appointed to a federal judgeship in the nation.

Michael Caruso, the Miami federal public defender who replaced Williams in August, said the appointment of federal judges is in many ways a “president’s most enduring legacy.”

“All presidents strive to appoint smart, fair and hardworking lawyers,” Caruso said, commenting on the four nominated by President Barack Obama in South Florida. “President Obama, in addition to choosing women and men who share these traits, has chosen those who’ve been trial lawyers in the criminal justice system and who have devoted a significant portion of their career to public service.”





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Dozens of Android Games, Apps Discounted for Google Holiday Sale






The Google Play store — that’s the name of the Android “app store,” or the “Android Market” for those of you new to the change — is featuring dozens of game and app sales for Android smartphones and tablets. Well, actually, it’s not; you can see some of the discounted apps on the front page, but there’s no special section of the website or on-device market that says where the ones on sale are, or even how to find them. And the “Holiday Surprise” feature is only a handful of deals picked by Google itself.


Here’s a look at some of the major game publishers’ Android sales, along with discounted creativity apps and where to find more details.






Gameloft‘s “Android Christmas” sale


It may be too late for Hanukkah this year, but top-tier Android publisher Gameloft has put a dozen of its titles up for sale for Christmas just $ 0.99 . These games are normally in the $ 5-7 range, making them among Android’s priciest.


Besides its licensed games based on movies — like superhero films “The Dark Knight Rises” and “The Amazing Spider-Man,” and (inexplicably) “The Adventures of Tintin” — Gameloft is best known for creating mobile versions of popular PC and console games. Not in the sense that they are official ports, so much as that they’re remarkably similar, to the extent that they arguably could be official ports if the serial numbers were filed off. With that in mind, several of its Modern Combat (which are totally not Modern Warfare) and N.O.V.A. first-person shooters (which are totally not Halo) are included in the sale, although the most recent installment of the former — Modern Combat 4 — is not.


Superhero fans may also want to check out Marvel Games’ Avengers Initiative, which isn’t a Gameloft title but is also on sale for $ 0.99 .


Square-Enix’s “Winter of Mobile” sale


Best known for having invented the jRPG genre, Square-Enix has brought several of its most popular titles to Android, and most of them are discounted (from their extremely high launch prices) for the holidays.


Crystal Defender, Chrono Trigger, and Final Fantasy have all received numerous 1-star reviews on Google Play for technical issues, and reviewers complain that the titles haven’t been optimized for Android hardware. The Chaos Rings titles, however, fare much better with reviewers, and are much more steeply discounted as well, at $ 3.99 each compared to their usual price of $ 12.99. They’re ports of the iOS originals, which were Square-Enix’s first attempts at making “real” jRPGs for mobile devices.


SEGA’s Holiday Sale


SEGA’s games are on sale for the holidays across the board, on pretty much every platform. On Android, that mostly amounts to Sonic 4 (episodes 1 and 2) and Sonic CD, all of which are on sale for $ 0.99 . Strategy title Total War Battles and rollerblade platformer Jet Set Radio, meanwhile, are on sale for $ 1.99.


Creativity / productivity apps on sale


Android phones and tablets aren’t just for gaming. If you didn’t pick up Microsoft Office-compatible OfficeSuite Pro 6+ during Google‘s earlier $ 0.25 sale, it’s discounted to $ 0.99 now from its regular price of $ 14.99. Autodesk’s professional drawing apps, SketchBook Mobile and SketchBook Pro for Tablets, are $ 0.99 and $ 2.99 compared to $ 1.99 and $ 4.99 regularly, and the Jotter handwriting app — which requires a Samsung Galaxy Note — is half-off at $ 1.99.


Stay up to date


Many more Android games and apps are being discounted for the holidays. Apps such as (the aptly-named) AppSales can help keep you apprised of the latest additions. Meanwhile, the Android Police blog is maintaining an up-to-date “Enormous List” of all holiday sales.


Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.


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Miami: We’re still busiest cruise port




















Florida’s ports are steaming bow-to-bow in the race to be the world’s businest cruise ship port.

Though some publications have reported Port Canaveral in the lead with 3,761,056 million for its fiscal year ending Sept. 30, PortMiami officials Monday said they had hosted 3,774,452 passengers during the same period, putting it slightly ahead. Fort Lauderdale’s PortEverglades reported 3,689,000 passengers for the period, putting it slightly behind the others in third place.

“We’re all very close,’’ said Paula Musto, PortMiami spokeswoman.





PortMiami has slipped below its previous high of 4 million plus passengers because of changing ship deployments, she said. That number is expected to again cruise past 4 million in 2013 as several new ships homeport in Miami.

Jane Wooldridge





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Afghan policewoman kills US adviser: police








KABUL, Afghanistan — An Afghan police official says an Afghan policewoman has killed an American adviser at the Kabul police headquarters.

Kabul's Deputy Police Chief Mohammad Daoud Amin says an investigation is under way to determine whether the killing Monday was intentional or accidental.

It was not known whether the victim was a military or civilian adviser. The NATO military command says it's looking into reports of the shooting but had no independent information.

At least 53 international troops have been killed by Afghan soldiers or police this year, and a number of other assaults are still under investigations. NATO forces, due to mostly withdraw from the country by 2014, have speeded up efforts to train and advise Afghan military and police units before the pullout.











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Police: 16-year-old shot and killed while riding bicycle in Miami




















A 16-year-old boy was shot and killed while riding his bicycle in Miami over the weekend, and on Monday his family will ask for help finding the killer.

Bryan Herrera was riding his bike Saturday afternoon, going to a friend’s house, when he was shot, according to Miami police. He was struck once, near Northwest 11th Avenue and 39th Street in Allapattah, police said.

Officers found him a few minutes after 11 a.m., after receiving a call to 911 saying a person had been shot and appeared to be lifeless on the ground.





Bryan was taken to Jackson Memorial Hospital’s Ryder Trauma Center, police said, where he died. Sunday night, police said they had very little information describing the shooter.

Bryan’s family is scheduled to speak to reporters Monday at Miami police headquarters.

Investigators asked anyone with information to call Miami-Dade County Crime Stoppers, anonymously, at 305-471-8477.





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RIM shares fall at the open after earnings






TORONTO (Reuters) – Research In Motion Ltd fell in early trading on Friday following the BlackBerry maker’s Thursday earnings announcement, when the company outlined plans to change the way it charges for services.


RIM, pushing to revive its fortunes with the launch of its new BlackBerry 10 devices next month, surprised investors when it said it plans to alter its service revenue model, a move that could put the high-margin business under pressure.






Shares fell 16.0 percent to $ 11.86 in early trading on the Nasdaq. Toronto-listed shares fell 15.8 percent to C$ 11.74.


(Reporting by Allison Martell; Editing by Gerald E. McCormick)


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Bethenny Frankel Separates From Husband of 2 Years

After two years of marriage, TV personality Bethenny Frankel and husband Jason Hoppy are separating.

"'It brings me great sadness to say that Jason and I are separating. This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family. We have love and respect for one another and will continue to amicably co-parent our daughter who is and will always remain our first priority. This is an immensely painful and heartbreaking time for us," the former Real Housewives of New York City star's rep said in a statement.

Frankel, 42, also tweeted: "I am heartbroken. I am sad. We will work through this as a family."

In 2010, the couple were married and had their daughter, Bryn. Frankel and Hoppy's relationship was then documented in two reality TV shows, Bethenny Getting Married? and Bethenny Ever After...

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90-year-old real estate baron Jay Kislak is forever young




















Real estate baron Jay I. Kislak discovered a Fountain of Youth of sorts that springs from an inquisitive and acquisitive mind.

At 90, Kislak is wheeling and dealing in real estate, and he’s exploring history and art with the fervor of a man generations younger.

The patriarch of The Kislak Organization marked 74 years in real estate this year, 59 spent in Miami.





While he has long since appointed a protégé, Thomas Bartelmo, as president and CEO of the diverse family-owned real-estate businesses, Kislak remains chairman. And he is a regular at the headquarters in Miami Lakes.

That is, when he’s not off to Maine for the summer.

Or busy chairing a blue-ribbon commission named by the U.S. Interior Secretary to orchestrate the 450th anniversary in 2015 of the founding of St. Augustine.

Or jetting off to evaluate a possible acquisition. (Kislak recently looked at the potential for real estate development in North Dakota, booming with shale oil, but decided to pass.)

Kislak’s empire has gone through dramatic changes over the years. He built — and eventually sold — commercial banking, mortgage servicing and insurance firms.

Today, with annual revenue in excess of $28 million, his organization focuses on the commercial brokerage business started by his father, Julius Kislak, in Hoboken, N.J., more than a century ago; on owning a portfolio of apartments and other property (Kislak is on the prowl for more), and on managing funds of property-tax certificates, a niche created by the economic downturn.

Looking out his office window at a bustling interchange recently, Kislak mused: “I remember when they built the Palmetto Expressway and you could drive down it and never see another car.”

“The same thing with I-95: There was hardly any traffic,” said Kislak, a slender man with a signature mustache and a thick Hoboken accent that never faded.

Kislak moved to Miami in 1953 to grow the mortgage business, but his world view hardly dates to 1950s Florida. Already a book lover, he began pulling on a thread of Florida history, soon broadening his interest to the early Americas.

Over the decades, Kislak, bankrolled by a stream of brokerage commissions, mortgage fees and apartment rent, grew into a prominent collector of rare books and maps, manuscripts, artifacts and art to feed his fascination with the pre-Columbian era and the European exploration of America.

His wife Jean Kislak shares his passion for collecting. They met at a party for Andy Warhol; it would be her second marriage, his third. Their quest for art, history and collecting has taken them to all continents, even Antarctica.

“We don’t quit [collecting]. But we are going to quit,” said Jean, a former corporate art director. “Acquisition has always been a part of my life. I don’t know if it’s a sickness.”

In 2004, Kislak gave away much of the treasure. His foundation donated more than 3,000 rare maps, manuscripts, paintings and artifacts to the Library of Congress. The gift, estimated to be worth in excess of $150 million, is housed in the ornate Thomas Jefferson building in an exhibit that bears his name. Kislak also funds fellowships for studies of the collection, part of his diverse efforts over the years to support education. Among other things, his family foundation endowed the Kislak Real Estate Institute at Monmouth University, in West Long Branch, N.J., and has provided key support to a real estate program at Florida State University.





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True meanings of Christmas








There are certain Christmas traditions that seem like they’ve been with us forever, from putting aside December 25 to celebrate the birth of the sun, to our collective worship of the great god Woden.

On second though, maybe things have changed more than we like to admit.

“The History of Christmas,” a new e-book by Wyatt North, recounts the history of many of the Christmas traditions we take for granted, showing how so many of these customs are as amorphous as they are joyous.

Here are just some of the treasured beliefs North helps shed a bit of Christmas light upon.





AP



The Rockefeller Center tree — slightly taller than Martin Luthor’s original Christmas tree.






CELEBRATING ON DECEMBER 25

North points out that early Christians in Europe “were part of an agrarian, pagan culture,” and that their early traditions included a post-harvest winter celebration called Saturnalia which “paid homage to the gods who ruled all aspects of sowing, planting and harvest.”

Consisting of “feasts, festivities and festivals” that included “conspicuous indulgence” and “raucous behavior,” Saturnalia took place in mid- to-late December to “honor the god of the sun, Saturn.”

Several other pagan celebrations — including one praising the birth of “the unconquerable sun” and another that worshipped “Mithra, the god of fertility, who was the son of the sun” — took place on the birth date of their gods, December 25.

Early Christian converts, writes North, were torn between the massive (and enjoyable) pagan feasts they had come to know and the life of relative moral austerity to which they were committing. As such, Christian celebrations often carried pagan elements over from their prior beliefs.

Understandably, this caused dissension between strictly religious Christians and those with a more lax and nostalgic approach, especially as some Christians continued worshipping the sun. North tells of how, in the 5th century, “Pope Leo lamented in a sermon that upon entering the basilica to celebrate Christ’s nativity, worshippers turned on the stairs to face the rising sun and bowed.”

When an 8th century English bishop was “horrified” by the “pagan debauchery” he saw over Christmastime in Rome, he wrote to Pope Zacharias, who in turn unleashed a barrage of cruelty and violence in order to curb the practice, establishing a tradition of Saturnalia horror that lasted for centuries.

But within this, the holiday also evolved, with 1103 seeing the introduction of the Old English phrase “Cristes-Maesse,” meaning the Mass of Christ. That phrase eventually morphed into the word we know today.

While the celebration itself remained controversial for centuries, so too was the date of this worship, as North reminds us that “the exact date of Christ’s birth is a controversial topic.” December 25 had been revered by early pagans, but Christians long settled on January 6 as their day of “epiphany, meaning God’s manifestation to humanity.”



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