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Small Utilities Credits Are Just the First Step, a Commission Says

On Oct. 30, much of Manhattan was without power because of damage and disruptions caused by Hurricane Sandy.Charles Sykes/SYKEC, via Associated Press On Oct. 30, much of Manhattan was without power because of damage and disruptions caused by Hurricane Sandy.

Would a credit of $3 or $6 appease utility customers who are still steaming about how long they went without power or heat after Hurricane Sandy?

New York state utilities regulators know that it wouldn't, and they want the customers to know that they know. So, before approving the credits at a hearing on Thursday, the members of the Public Service Commission insisted t hat the small credits represented just the first small step toward seeking compensation from the utilities.

“This doesn't end anything,” said Garry A. Brown, the chairman of the commission.

Indeed, Mr. Brown said the commission plans to conduct its own investigation into how utilities prepared for the storm and responded to the damage it caused. But that will come after the Moreland Commission, appointed by Gov. Andrew M. Cuomo, completes its investigation.

The Moreland Commission has issued subpoenas to Consolidated Edison and the Long Island Power Authority and has begun holding hearings on the performance of those utilities. The state regulators could levy fines of their own after their investigation next year.

The credits approved Thursday were more of a good-will gesture from the utilities, whose executives are seeking to improve the images of their companies after millions of customers lost power in the storm and many went two weeks or more without electricity or gas afterward.

Con Edison will give back about $6 million to its customers for part of the fixed monthly charge for the delivery of electricity. That amounts to $3 for each customer in Manhattan affected by the storm and $6 for each customer affected in the rest of the company's service area, which includes the rest of the city and most of Westchester County. The credits will come from the company's funds and will not cost the ratepayers, a Con Edison spokesman said.

Three other utilities in the state agreed to give similar credits worth a total of about $1.5 million to customers whose electric or gas service was disrupted by the storm. The Long Island Power Authority was not included because it is not regulated by the commission, but LIPA has proposed similar credits for its customers.

The commission also approved an extension of the waiver of any penalties customers affected by the storm would normally incur for failing to pay their bills on time. That waiver applies to customers on Long Island, in New York City and in six counties north of the city.



Even the Best City Hall Partnership Ever Can Have Differences

Christine C. Quinn, the City Council speaker.Bebeto Matthews/Associated Press Christine C. Quinn, the City Council speaker.

There has never been a mayor and a City Council speaker who have had a better relationship than Michael R. Bloomberg and Christine C. Quinn - ever.

Or so says Ms. Quinn, who, far from distancing herself from a mayor who could be both her biggest asset and her biggest liability in next year's Democratic primary for mayor, embraced him unequivocally on Thursday.

“C'mon! The mayor and I get along fine and great,” she said, responding to reporters' questions at the end of a news conference at City Hall on two bills dealing with immigration. “Mike Bloomberg and I have an outstanding working relationship. I would argue we have the best working relationship of any speaker and any mayor in the history of the city of New York. And that has delivered more results for real New Yorkers than any two administrations, ever.”

Ms. Quinn's effusive praise of the mayor should hardly come as a surprise, given that her campaign strategy includes winning over pro-Bloomberg Democrats. But she has endured a bit of a rough patch in recent weeks, and on Thursday, she fielded questions that focused chiefly on a campaign finance bill that the mayor has blasted because he says it would tear a loophole in the city's election spending rules, and a pedicab bill that he, unexpectedly, opted not to s ign on Wednesday.

At first, Ms. Quinn continued her recent criticism of the Bloomberg administration, even suggesting that the mayor and his staff had not read the campaign finance bill correctly. “If you listen to what the mayor's statements were, they bore no relationship to what's in the bill,” she said.

Ms. Quinn also voiced surprise that the mayor had decided not to sign a pedicab measure intended to help consumers avoid getting cheated, especially because top Bloomberg aides had testified in Council hearings in favor of the bill. “I got no heads-up,” she complained. (In fact, Mr. Bloomberg wound up signing the bill after all, on Thursday, with a spokeswoman explaining that he needed a little time to study it.)

After expressing some unhappiness, Ms. Quinn reverted to form, and joked about how “cute” Mr. Bloomberg looked in a New York Post illu stration about the pedicab bill. And asked whether she and the mayor were still close, Ms. Quinn crossed her fingers and whispered, half-jokingly, “Like this.”



Comptroller Is Expected to Try to Upset Deal for New Taxis

Nissan's NV200 taxi.Itsuo Inouye/Associated Press Nissan's NV200 taxi.

City Comptroller John C. Liu is expected to announce on Friday that he will not sign off on the Bloomberg administration's contract with Nissan to provide New York City's next generation of taxis, according to people with knowledge of the matter.

Mr. Liu's decision not to register the contract is sure to be widely praised by advocates for disabled people who have been deeply critical of the deal because the chosen model, the Nissan NV200, is not wheelchair accessible. But it is likely to have little practical impact. The City Charter says the comptroller must register contracts before they can be executed, but if the comptroller objects, the mayor can eff ectively override him, according to several legal experts.

What basis Mr. Liu will cite in refusing to register the contract was unclear on Thursday, and his office declined to comment. He has scheduled a news conference for Friday at 11:15 a.m.

Mr. Liu has threatened to block the deal since it was announced in May 2011 unless the Bloomberg administration did more to provide wheelchair-accessible taxis for disabled riders. Less than 2 percent of 13,000 taxis currently on the road are handicapped accessible.

Other critics of the deal, including several elected officials, have asked for an investigation into the selection process, which they contend might have been tainted by conflicts of interest. The Bloomberg administration sharply dismissed the criticisms Thursday.

“The City Charter gives the comptroller no authority whatsoever here, but his disregard for the law in this area is nothing new,” said Julie Wood, depu ty press secretary for Mayor Michael R. Bloomberg. “We selected Nissan because they will make the safest and most rider-friendly vehicle. It's still unclear why the comptroller opposes giving New Yorkers the best taxi ever, but a press conference based on false allegations isn't going to matter, and the contract will go forward.”

Beginning late next year, taxi medallion owners are expected to be required by the city's Taxi and Limousine Commission to buy the NV200, with a plan to phase the vehicles in over three to five years. The city has hailed the model as roomier and safer than its current taxis, with features that include transparent roof panels, phone chargers and “lower annoyance” horns, according to a presentation prepared by the commission for a recent public hearing.

The city selected the NV200 over vehicles proposed by Ford and the Turkish company Karsan Automotive in May 2011. But even before Mr. Liu's announcement, Public Advocate Bill de Bl asio, Marty Markowitz, the Brooklyn borough president, and Assemblyman Micah Kellner sent him a letter charging that the competition might have been unduly influenced by a company hired by the commission to provide technical expertise in the selection process. The company, Ricardo Inc., had previously done work for Ford and Renault, the French automaker that owns 43 percent of Nissan.

If the comptroller believes that corruption has tainted the contracting process, he can refuse to register it and ask the mayor to reconsider. If the mayor disagrees, the comptroller then has 10 days to register it. The provisions were put in place by the 1989 Charter Revision Commission to prevent comptrollers from blocking contracts for political purposes.

“We didn't want the controller playing politics with contracts,” said Eric Lane, dean of the Maurice A. Deane School of Law at Hofstra University, who was the commission's executive director and chief counsel. “If the co ntroller thinks it's corrupt, he tells the mayor, he can announce it, he can call a press conference, he can say I found corruption, and if the mayor still wants it registered, the controller must register it.”

In June, a federal appeals court panel ruled that the city's taxi system was compliant with federal disabilities law, rebuffing a class action brought by advocates for the disabled.

Despite the ruling, Julia Pinover, a staff lawyer for Disability Rights Advocates, which filed the lawsuit, said the litigation “was still very much alive.”

In an interview in September, after the taxi commission approved a set of standards governing the vehicle, David S. Yassky, the commission's chairman, defended the city's efforts to provide taxi accessibility. He noted that the commission had introduced a dispatch system allowing wheelchair users to arrange a ride in one of the city's roughly 230 wheelchair-accessible taxis.

He also said that Nissan was †œthe most fuel-efficient car of any of the vehicles submitted in our design competition.”

But Ms. Pinover said the commission missed an opportunity in not insisting that the design include wheelchair ramps. She noted that NV200 taxis to be introduced to London streets next year will include such features, while in New York, “they chose an iPod deck, a moon roof, but not a ramp.”



For Images of Impending Death, Context Is Crucial

Brandon Woodard, right, and the gunman who killed him moments after this surveillance-camera image was made.N.Y.P.D. Brandon Woodard, right, and the gunman who killed him moments after this surveillance-camera image was made.

Our post Wednesday seeking your thoughts on the differences between two widely seen - and differently perceived - photographs of men moments away from death drew an outpouring of responses, both in the comments and on Twitter.

We asked why The New York Post was so widely criticized for running its photo of Ki-Suck Han about to be struck by a subway train last week, while few people ob jected to the surveillance-camera still released by the police and published here and elsewhere of Brandon Woodard and his killer. You answered the question in many ways. Here is a sampling of what you said. Some of the comments have been excerpted or lightly edited.

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This is a photo of a man on his phone. We are not watching as the final thoughts of his life race through his head. He has no thoughts of his impending doom. He is just a man going about his life, which is about to abruptly end without his knowledge. (Also this got the image of the gunman out to the public).

The picture of the man in front of a train was one of a man in the throes of terror. To gaze upon it was to be a voyeur into the sensations that he must have experienced. It can be said to be akin to seeing images of torture. We know that he died, and that the suspect was not in the picture. The only things gained by looking at it are the absence of help, and the chance to witness someone reduced to helplessness in the face of their own mortality.
- Matt R., N.Y.C.

Hm! I'm more horrified by the man *not* knowing. Perhaps because “no man knoweth the hour .”
- ACW, New Jersey

In a word, inevitability. It's not that we can place ourselves in the shoes of the victim. Rather, it's that in the shooting case, we can imagine a version of the scenario where we could have saved the victim. In the train situation, we are forced to grapple with the unavoidability (at that point) of the man's death - and this makes us very uncomfortable.
- Rick, Chicago

I would add that people are generally less sympathetic to the victim of an execution style slaying like this. Perhaps this has to do with the feeling that they are unlikely to be in a similar situation, whereas th ey could easily imagine being pushed by a crazy person in front of a train. But this is a form of “blaming the victim” that we probably should question.
- Jake, DUMBO

I guess the question I would ask to level the field even more is if it would still be proper to run the photo if there was no way it could be used for identification purposes. I have trouble searching for a reason to say yes, it should still be run. As another person pointed out, maybe it is because Han knew he was about to die and it was a private moment of facing death, whereas Woodard did not. However, we all know at this point that they were both about to die, so not sure that justifies it.
- matt, LA, CA

Both images are highly disturbing, and in both cases it is debatable whether any legitimate interest was served by making the unedited photos public. In the case of the Woodard slaying, there is certainly a valid reason to publicize the image of the killer, but why was it necessary to keep his victim in the frame as well?

However, the subway photo is infinitely more unsettling because of the moral and ethical questions it raises. The subway photographer may have been in a position to help the victim; instead, whether by choice or by instinct, he photographed the man's impending death. Before making any glib judgments about this, by the way, consider other photos in which somebody is about to die - I keep thinking of Eddie Adams' famous photo of a Viet Cong prisoner about to be shot point-blank in the street - and ask yourself whether the photographer should have tried to intervene instead of taking the picture. Is the answer always “yes”? Is it “yes, unless you would be placing your own life at risk”? Or is it somethi ng more troubling than either of these? (Adams himself approved of the execution he witnessed, which raises an additional set of questions…)
- Chris Baum, Kew Gardens, NY

The photo of Brandon Woodard is the same sort of image Americans see ALL the time watching crime shows on TV. And the immediate conclusion was that it was a professional hit. I'd venture that most Americans do not fancy themselves eligible for such attention. Perhaps we could imagine that anyone eligible for a professional hit somehow “deserved it” by consorting with the wrong people.

The photo of Ki-Su ck Han showed a human caught in the chaos of life in the City, and that chaos was about to kill him. All subway riders have imagined what happened to Mr. Ki-Suck happening to them. It was a nightmare come true, and nobody “deserves” such a fate.
- Francisco Herrero, Washington, DC



Theater Talkback: The Short Life of \'Evita\'

Ricky Martin and Elena Roger in the Broadway revival of Sara Krulwich/The New York Times Ricky Martin and Elena Roger in the Broadway revival of “Evita.”

Are many tears being shed among Broadway lovers for the comparatively brief run of “Evita,” which announced a January closing on Tuesday? Probably not. The only people crying at the closing of this generally ill-received production are likely to be Ricky Martin fans who never made it to New York to catch the sw ivel-hipped Latin pop star on Broadway.

The original “Evita” ran on Broadway for more than three and a half years, and made stars of its two leads, Patti LuPone and Mandy Patinkin. The current production â€" the first Broadway revival â€" will close after 10 months, because the producers decided they couldn't recast the show with star power sufficient to replace Mr. Martin's. That he was the draw â€" as opposed to Elena Roger, the virtual unknown who played the title character â€" became clear when Mr. Martin went on vacation and the grosses for the show plummeted.

“Evita 2.0” illustrates two pernicious trends in regard to Broadway today. The first and less pernicious: the knee-jerk importing of virtually any show that makes a splash in London. Michael Grandage, a talented director of straight plays new and old, has not r eally evinced an affinity for large-scaled musicals, and his lavish but focus-free production didn't really have much new to say about the material.

But it was a hit in London, so instead of giving an American director a crack at the first Broadway revival of a show that, although written by British men, only became a worldwide sensation when it opened on Broadway, the Grandage production was shipped across the Atlantic, just as was the lackluster Trevor Nunn revival of “A Little Night Music” a couple of seasons ago.

It didn't turn out to be such a safe bet: the London star, Ms. Roger, who came with the production, was a small-scaled Evita who could not sing the role with sufficient power, or act it with sufficient intensity, to make anyone forget the megawatt majesty of Ms. LuPone's performance.

Knowing, of course, that Ms. Roger would not be a draw at the box office, the producers sought a big name for the role of Che, and found one in Mr. Martin. This, of course, brings us to Pernicious Trend No. 2: the insistence on casting movie, television or pop names in Broadway shows, regardless of their appropriateness for the role. Mr. Martin was a far too chipper Che, and while he danced well and sang passably, he signally lacked the fervor and sardonic bite the role required.

Might “Evita” have been a bigger hit if the producers had the courage to cast the roles with accomplished musical theater performers who lack a national profile? “Evita” is, after all, a well-known entity : a star in its own right, you might say.

There are certainly performers out there with the requisite talents: Karen Olivo (“In the Heights”), Idina Menzel (“Wicked”), Lea Michele (“Spring Awakening,” TV's “Glee”), to name three possible Evitas. Norbert Leo Butz (“Catch Me If You Can”) has the singing and dancing chops for Che, not to mention the wicked humor, and while he's not remotely Latin, well, neither was Mr. Patinkin. Will Swenson, who is currently starring opposite Ms.Olivo in “Murder Ballad” Off Broadway, strikes me also as a performer with the gifts to make a superb Che.

But we may have arrived at a point where even brand-name musicals cannot be mounted without importing celebrities from other spheres. The days when a Broadway musical could make a new star, instead of merely presenting an already established one, may be gone for good.

Could another approach to reviving “Evita” on Broadway have resulted in a more successful production? Are there performers you would like to have seen given a crack at the show's celebrated principal roles?

This post has been revised to reflect the foll owing correction:

Correction: December 13, 2012

An earlier version of this article referred incorrectly to the show in which Ricky Martin made his Broadway debut. He did so in "Les Misérables," not "Evita."



Concert Organizers Still Tallying Sandy-Relief Donations

A day after a star-studded benefit concert at Madison Square Garden for victims of Hurricane Sandy, organizers said on Thursday they had not yet tallied how much had been raised through online donations, a telethon, ticket sales, merchandise and other revenue streams.

The concert, dubbed “12-12-12,” brought in at least $30 million from the sales of tickets and corporate sponsors, chief among them JP Morgan Chase & Company, said David Saltzman, executive director of the Robin Hood Foundation, a charity that is distributing the money to aid groups.

That number does not include money donated to the Robin Hood Web site, nor money donated over the telephone by millions of people who watched the show around the world, Mr. Saltzman said. He predicted the proceeds would easily top the $35 million raised after the Sept. 11 attacks by the Concert for New York, which was organized by the same media-company executives: James Dolan of the Madison Square Garden Company, John Sykes of Clear Channel Entertainment and Harvey Weinstein, the filmmaker.

The show was broadcast on 34 channels in the United States and 24 global channels and will be broadcast throughout the country on Clear Channel radio stations. It was also streamed online. The producers estimated it would reach more than 2 billion households.

On Thursday morning Mr. Saltzman said his organization was still adding up the donations from the West Coast, where the show was broadcast with a three-hour delay, and the concert was to be rebroadcast in Europe on Thursday night, which could bring in another wave of donations.  He said the Robin Hood Foundation did not want to release a final number for the amount raised until the donations from Europe are tallied.

The musicians and bands who took part  included Paul McCartney, the Rolling Stones, Bru ce Springsteen and the E Street Band, Jon Bon Jovi, Eric Clapton, Roger Waters, Billy Joel, Alicia Keys, Kanye West and the Who.



Damien Hirst Leaves Gagosian

Less than a year after the Gagosian Gallery gave Damien Hirst all 11 of its spaces around the world to show his spot paintings, word comes that the bad-boy British artist will no longer be represented by Gagosian, where he has shown on and off for 17 years.

“We wish him continued success for the future,'' a statement issued by the gallery, confirming his sudden departure, said.

On Thursday, Science Ltd., Mr. Hirst's company, told the Financial Times that the gallery owner  “Larry Gagosian and Damien have reached an amicable decision to part company,” adding that the artist would continue his relationship with the White Cube Gallery in London.  But the question remains whether Mr. Hirst will look for another gallery to show his work in New York, where he has a large number of big collectors.

Mr. Hirst has never be en known for being monogamous, at least not when it comes to gallery representation. White Cube in London has also handled his work for years. In 2008 he snubbed both galleries, when Sotheby's in London sold 223 of his new artworks. The sale, which was held just as the financial markets were heading for disaster, included dead animals â€" sharks, zebras, piglets and even a calf â€" floating in giant glass tanks of formaldehyde; cabinets filled with diamonds; and cigarette butts.  And paintings â€" spin paintings, dot paintings, paintings with butterflies pinned under glass. More than 21,000 visitors flocked to Sotheby's on New Bond Street to see the work before the sale, which brought $200.7 million.

Ever the showman, he caused a sensation in 2007 at White Cube's gallery in Mayfair when he showed a human skull cast in platinum and covered with 8,601 diamonds.  At the time the gallery said the art work cost $23.5 million to make. During the five weeks that summer when it was on display in a small, blackened room at White Cube's Mason's Yard Space, crowds lined up with free timed tickets in hand to ogle the piece.  A nearby shop was doing a brisk business selling skull T-shirts and other Hirstian memorabilia. The skull was reportedly bought by a consortium of investors that included the artist himself. (It isn't the first time he has invested in his own work.  Mr. Hirst and Jay Jopling, the owner of White Cube, bought about 12 works from Charles Saatchi, former advertising magnate, in 2003 for around $15 million.)

Over the years Mr. Hirst has amassed a large fortune.  The Sunday Times of London has called him the world's richest artist, with a fortune estimated at about $346 million.

He is not the only artist to stray from Gagosian.  Last week while the contemporary art world converged on Miami Beach for the giant art fair there, David Zwirner, the Chel sea dealer, confirmed that in May he is planning to do a show of new paintings and sculptures by Jeff Koons, another superstar artist represented by Mr. Gagosian. Like Mr. Hirst, Mr. Koons has never shown any gallery loyalty. For decades he has also exhibited his work at the Sonnabend Gallery in Chelsea. Last week Rebecca Sternthal, a director of Gagosian who works with Mr. Koons said that Gagosian “still represents Jeff Koons.  He works closely with us and with Sonnabend.  In the past he has had shows in different galleries but we are still actively working with him and with his studio.''

 



As Time Goes By, What\'s This Piano Worth?

The piano made a brief but memorable appearance in Everett Collection The piano made a brief but memorable appearance in “Casablanca,” which came out in 1942, with Dooley Wilson, left, as Sam, Humphrey Bogart as Rick Blaine and Ingrid Bergman as Ilsa Lund Laszlo.
The piano as it looks today is being auctioned off by Sotheby's.Marcus Yam for The New York Times The piano as it looks today is being auctioned off by Sotheby's.

Here's looking at you, piano.

No one would mistake you for Ingrid Bergman, though you and she shared a moment. And what a moment it was. It made you one of the most famous pianos in movie history. You must remember that: The flashback scene in Paris, the one that turned“Casablanca” from simply a war story into one of the most enduring cinematic love stories ever told.

Now you are to be auctioned off at Sotheby's by an auctioneer who has sold other famous movie props - the “Rosebud” sled from “Citizen Kane,” for example. Sotheby's expects you to sell from $800,000 to $1.2 million in the auction on Friday. That is between 34 to 48 times what Bergman was paid for sharing top billing with Humphrey Bogart.

And she really had to work. She was in scene after scene. You appeared in only one, in the Parisian cafe known with the words “La Belle Aurore” on the window. Warner Brothers used a different piano in the scenes in Rick's Café Américain. That was the one that Bogart slipped those “letters of transit” into, not you.

You were not on camera for long - only about 1 minute 10 seconds. And while you were seen, you were not heard. Dooley Wilson, who played Sam, moved his hands up and down your keyboard as he sang. But he was not hitting the notes. Somewhere off camera was a real pianist, performing on another piano.

So moviegoers never really knew what you could do. Bogart implied that you might not have been the greatest. Later in the movie, much later, when he told Miss Bergman that he had “heard a lot of stories in my time,” his next line was: “They went along with the sound of a tinny piano…” But what did he know? You were the silent piano.

Finally, 70 years after the movie came out, you had your “Garbo talks” moment - the moment when your voice was finally heard - at Sotheby's. As your vaguely honky-tonk sound drifted through Sotheby's exhibition space, a line from a certain song came to mind: The fundamental things apply as time goes by. And time does go by - pianos get old. They can lose the bounce they had when they were young.

You are not really in tune, but not badly out of tune, either, and that is with no help from a piano technician. Sotheby's said the piano had not been worked on since it was delivered for display several weeks ago.

Considering that “Casablanca” was shot in black and white, a spoiler alert is probably in order here. Readers who want to keep imagining the movie in black and white should skip to the next paragraph. In real life, the piano is green an d tan. Sotheby's said it still had several coats of paint, apparently left over from appearances in other movies, when it was bought by a Los Angeles collector in the 1980s. He scraped off the layers, revealing colors that “Casablanca” audiences could only guess at.

The piano is weathered, and a bit sluggish. It cannot handle the thrill of a trill, as Michael Feinstein - the well-known pianist and singer, who, with Ian Jackman, is the author of “The Gershwins and Me: A Personal History in 12 Songs” - discovered when he tried it at Sotheby's on Monday. “It's not gratifying to play,” he said, “but that's not actually what it's about.”

No. As he said after playing “Someone to Watch Over Me,” this piano was a prop. Bogart, who stood 5 feet 9 inches tall, must have liked this piano because it, too, is rather short. He would n ot have towered over a conventional upright the way he towered this one.

It is also slimmer than most pianos. It has only 58 keys, 30 fewer than a conventional modern instrument. “It's a cafe piano,” said the auctioneer at Sotheby's, David N. Redden. “It was designed to be wheeled from table to table. The pianist would move it to the next table. It's rather like the violinist coming round to each table.”

In “As Time Goes By,” Mr. Feinstein was well aware of just how limited the keyboard was. “At a couple of spots,” he said, “I was reaching for notes that weren't there.”

He was also aware of its little odor problem, not uncommon among old pianos with dust on the hammers, the strings and the soundboard. Mr. Feinstein said he could “actually smell the dust when the keys are depressed.”

The piano's life after “Casablanca” is “a little unclear,” Mr. Redden said. “It may have been used in other films, although we haven't id entified any.” There is a photograph from a 1943 War Bond drive. It apparently languished in a prop shop for years. (The other piano in “Casablanca,” the one from Rick's Café Américain, was sold to the same collector in the 1980s. Sotheby's said it is now on loan to the Warner Brothers Studio Museum in Burbank, Calif.)

Mr. Redden sold the “La Belle Aurore” piano in 1988 for $155,000, at the time the second highest price for a piece of Hollywood memorabilia. Prices for Hollywood memorabilia have soared since then. And just as Marilyn Monroe's dress from “The Seven Year Itch” was not bought to be worn when it went for $4.6 million last year, the “Casablanca” piano will probably not be bought to be played.

“This is memorabilia,” Mr. Feinstein said. “Nobody's buying this as a musical instrument. I mean, this is not something Lang Lang would want to have to play. But you can't put a price on what it is worth to an individual because there's o nly one of these. I've played many pianos through the years that people said George Gershwin played - ‘This belonged to George Gershwin' - and it's usually apocryphal. But this is the real thing, and so it's basically worth whatever someone's willing to pay for it. And it's going to be a lot.”

The piano could fetch as much as $1.2 million at auction, according to Sotheby's.Marcus Yam for The New York Times The piano could fetch as much as $1.2 million at auction, according to Sotheby's.


Man Accused of Mugging 85-Year-Old Woman in Elevator

Freddie Keitt, 33, has been charged with this mugging of an 85-year-old woman in an elevator. A security video caught the attack.N.Y.P.D. Freddie Keitt, 33, has been charged with this mugging of an 85-year-old woman in an elevator. A security video caught the attack.

A 33-year-old homeless man has been arrested and accused of mugging an 85-year-old retired actress in the elevator of her West Village building and robbing three other women, the police said Wednesday.

Freddie Keitt, the police said, is the man who was filmed on security video shoving the elderly woman, Yvonne Sherwell-Demakopoulos, to the floor of the elevator and grabbing her handbag on Saturday night.

Mr. Keitt is also being charged with three other elevator robberies - of a 58-year-old woman in Far Rockaway, Queens, on Dec. 4; a 28-year-old woman in the East Village on Dec. 8; and a 22-year-old woman in Gramercy Park on Dec. 9.

Ms. Sherwell-Demakopoulos was not injured in the attack in her building on West 13th Street, but said that the thief, who towered over her and weighed at least 200 pounds, also stole her wedding band.



After 2 Months of Rest, a Tiny Owl Returns to the Wild

A saw-whet owl found in Brooklyn in October was released by parks officials on Wednesday.Daniel Avila, N.Y.C. Parks and Recreation A saw-whet owl found in Brooklyn in October was released by parks officials on Wednesday.

“Here's an owl.”

Those words, spoken by an anonymous Samaritan, began a journey of recovery for an injured raptor found in a Sea Gate, Brooklyn, backyard in early October. Owl Jolson, as the tiny creature was dubbed, was delivered in a shoe box to the city parks department's headquarters in Central Park, stunned and unable to fly. The owl, a juvenile of undetermined sex, was identified as a northern saw-whet owl, a species native to Canada but known to enjoy New York City's relatively balmy winters.

The bird's injuries - head trauma, a droopy wing and some inflammation - were not deemed grave. After two months at wildlife rehabilitation center on Long Island the bird was released in Central Park on Wednesday afternoon, taking flight like a “Harry Potter” character with an urgent message to deliver.

Two park rangers, Rob Mastrianni, left, and Eric Handy, released the recovered owl at Central Park's Shakespeare Garden.Daniel Avila, N.Y.C. Parks and Recreation Two park rangers, Rob Mastrianni, left, and Eric Handy, released the recovered owl at Cen tral Park's Shakespeare Garden.


Coming to a Curb Near You: Yellow Cabs Summoned With Smartphones

TaxisPatrick Andrade for The New York Times

The city's Taxi and Limousine Commission approved a pilot program on Thursday authorizing the use of smartphone apps to hail yellow taxis.

In a 7 to 0 vote, with 2 abstentions, the commission cleared the way for the apps with the city's blessing in February, on a one-year trial basis.

The apps will be subject to some geographic restrictions. David S. Yassky, the commission's chairman, said that for trips in Manhattan's central business district, drivers and passengers will be allowed to connect electronically only if they are within a half mile of each other. For the rest of the city, trip requests can be m ade for any taxi within 1.5 miles.

With companies like GetTaxi, Hailo and Uber poised to enter the New York City market, the influx of apps was “not speculative,” Mr. Yassky said. “It is real, today.”

He added, “We should not ignore technology that's out there.”

The commission had initially been expected to vote Thursday on a permanent rule change to allow the use of apps for yellow taxi hailing. But as support on the commission's board appeared thin, officials began discussing a pilot option.

“Bringing apps into New York would be a change in the way people get taxis,” Mr. Yassky said in an interview before the vote. “It makes sense to see how that pans out and see if any of the supposed problems with that materialize before you make it permanent.”

Operators of for-hire vehicles have condemned the apps as a threat to their business model and a violation of the long-standing ban on prearranged rides in yellow taxis.

The city, never shy to trumpet its tech-friendliness, has been criticized in recent months by app developers and users for not moving quickly enough to allow the services.

But on Thursday, some board members expressed concern about the speed with which the commission was proceeding. Nora C. Marino, a board member who abstained from voting, said she could not approve the proposal because she had not had enough time to review it.

The decision to hold a vote on a pilot program, rather than on a permanent rule change that might not have passed, was only made in the last day or so, Ms. Marino said.

“I have three gadgets in front of me,” she told the other board members. “I'm all for technology.”

But the pilot program, she said, reminded her of a hasty marriage.

“Like a marriage,” she said, †œa lot of things are a lot easier to get into than out of.”



Best Medicine for a Weak Ed Koch May Be a Birthday Party With Friends

Edward I. Koch, seated, with, from left, Diane Coffey, his former chief of staff; James Capalino, a former city commissioner; and Christine C. Quinn, the City Council speaker, on Wednesday at a party at Gracie Mansion.Yana Paskova for The New York Times Edward I. Koch, seated, with, from left, Diane Coffey, his former chief of staff; James Capalino, a former city commissioner; and Christine C. Quinn, the City Council speaker, on Wednesday at a party at Gracie Mansion.

When former Senator Alan K. Simpson of Wyoming traveled across the Queensboro Bridge last week, he noticed that it bore the name of an old friend from his days in Congress: former Mayor Edward I. Koch.

So he called Mr. Koch, right away. And, according to a ver sion of the exchange that Mr. Koch recounted on Wednesday night, an impressed Mr. Simpson said: “I've never seen anything like this. How did you get them to do that?”

Mr. Koch, looking a bit puzzled, said he was very grateful that one of his successors, Michael R. Bloomberg, had backed the bridge's renaming. After all, he mused, give or take a salty adjective, “I never did a thing for Abe Beame.”

The occasion was Mr. Koch's 88th birthday party, in what has become an annual ritual under Mr. Bloomberg at a place Mr. Koch called home for three terms, Gracie Mansion. But this year, the party had more of a fingers-crossed emotional tenor, as Mr. Koch just checked out of a hospital on Monday after a few days of treatment for a lung infection.

And while Mr. Koch needed more assistance from longtime friends, and seemed more fatigued, than at previous parties, he stil l delighted the crowd, made up mostly of former staff members, with his trademark humor, and a dollop of wistfulness, too.

At 88, Mr. Koch still has a few jokes left in him.Yana Paskova for The New York Times At 88, Mr. Koch still has a few jokes left in him.

There were notable politicians, including former Senator Alfonse M. D'Amato, and three elected officials who are presumed to be seeking higher office in 2013 - Christine C. Quinn, the City Council speaker; Bill de Blasio, the public advocate; and Scott M. Stringer, the Manhattan borough president. There was a trailer from the forthcoming documentary “Koch.” And, after a warm introduction from a beaming Mr. Bloomberg, there was Mr. Koch himself.

“I wake up every morning and I say, Oh, I'm still in New York!” he said at one point.

But the story about Mr. Simpson produced some of the biggest laughs. So in a telephone interview afterward from his home in Wyoming, Mr. Simpson confirmed his conversation with Mr. Koch (the call was on Dec. 4) and said, diplomatically, that he could not recall Mr. Koch's specifically mentioning Mr. Beame. But the gist was there.

“I said, Ed, you old S.O.B. They haven't even named an outdoor toilet seat after me here in Wyoming,” Mr. Simpson said.

Mr. Simpson was glad to hear that Mr. Koch had left the hospital.

“I hope he heals up,” he said, adding that when he returns to New York in the next week or two, “I'll call him again, and this time, we'll do lunch.”



Average New Yorker Produces 3 Pounds of Garbage Per Day

Trash remains one of the city's leading exports.Richard Perry/The New York Times Trash remains one of the city's leading exports.

Garbage in, garbage out, the saying goes. But how much, and at what cost?

The average New Yorker produced nearly three pounds of residential refuse or recyclables daily in 2012, according to the city's Independent Budget Office (see chart below).

While that's the lowest amount since at least 2000, the cost of collecting and disposing of the garbage has remained relatively constant, ranging from a low of about 70 cents in 2002 to a high of more than 80 cents in 2008. In 2012, the average cost per person daily was about 75 cents. The cost figures are all in 2012 dollars.

Refuse accounts for most of the garbage, but recycling, which is more expensive per pound, makes up nearly half the daily expenditure.




N.Y.C. Garbage Production (PDF)

N.Y.C. Garbage Production (Text)



State\'s Top Court Raises Police Pensions in 3 Claims of 9/11-Related Cancers

The state's highest court on Thursday awarded enhanced pension benefits to two retired New York City police officers who said they had been sickened by their work at the World Trade Center site after the Sept. 11 attack, overturning a pension board's ruling that their cancers were not related to ground zero. The widow of another officer also won enhanced benefits.

The ruling is the first by the State Court of Appeals in Albany addressing the presumption that police officers who spent time at ground zero in the months after the attack and developed certain ailments, including cancers, had been sickened as a result of their exposure there. In a decision that is likely to be encouraging to other first responders, the court squarely gave the New York City Police Pension Fund the burden of proof to show the illne ss was not related to Sept. 11.

The three officers, Karen Bitchatchi, Eddie Maldonado and Frank Macri, had various kinds of cancer. Officer Bitchatchi and Officer Maldonado applied for accidental disability benefits, and the widow of Officer Macri, who died of cancer in 2007, applied for line-of-duty death benefits. The accidental disability benefits amount to a tax-free pension of three-quarters of the officer's salary, considerably more than the ordinary disability benefit, which has a taxable pension of one half of the officer's salary. A line-of-duty death pension is equal to the officer's full salary.

All three were borderline cases. Officer Bitchatchi and Officer Macri developed cancer within 13 months of the attacks, too soon in the eyes of some pension fund trustees to be connected to Sept. 11. Officer Maldonado had felt a lump on his thigh just before Sept. 11. By November 2001, it had grown and was diagnosed as cancer. He argued that the ground zero toxins had aggravated the cancer. The trustees, who include union and city appointees, deadlocked over the issue of whether the cancers were caused by ground zero, resulting in the lower benefits.

But the Court of Appeals ruled that the officers were entitled to the enhanced benefits under a “World Trade Center presumption” created by the State Legislature. Ordinarily, officers injured in the line of duty would have to prove a connection between their work and the injury. But the presumption was created, the court said, “because of the evidentiary difficulty in establishing that non-trauma conditions, such as cancer, could be traced to exposure to the toxins present at the W.T.C. site in the aftermath of the destruction.”

As a result, unlike ordinary disability claimants, “first responders need not submit any evidence â€" credible or otherwise â€" of causation to obtain the enhanced benefits.”

It was up to the Po lice Pension Fund to provide sufficient evidence to disprove that the cancers were caused or exacerbated by work at ground zero, and that was not done in these cases, the court said.



Man Who Defaced Rothko Work Given Two-Year Sentence

The man who defaced part of a Rothko mural at the Tate Modern in London was sentenced to two years in jail on Thursday.

Wlodzimierz Umanets, 26, was arrested Oct. 7 after scrawling graffiti on the painting. He applied black paint to a small area and scrawled the phrase “a potential piece of yellowism.” (Yellowism is an artistic movement he co-founded.) Shortly after vandalizing the work he told the BBC that he was “not a vandal,'' adding, “I haven't done criminal damage.''

But later in October he pleaded guilty to just that: criminal damage valued at more than $8,000. A prosecutor said that restoring the painting would cost more than $300,000 and take up to 20 months.

Judge Roger Chapple of the Inner London Crown Court told Mr. Umanets that his actions “were entirely deliberate, planned and intentional,'' according to the BBC, adding that it was “wholly and utterly unacceptable” to promote the movement by damaging a work of art that had been “a gift to the nation.''

The defaced work, “Black on Maroon,'' from 1958, is one of a series of paintings originally commissioned as a mural for the Four Seasons Restaurant in the Seagram Building in New York. But Rothko, appalled by the restaurant's clientele, changed his mind and refused to deliver the paintings. Instead he ended up giving nine of them to the Tate.

Contemporary art experts have valued “Black on Maroon” to be worth between $8 million and $14 million.



Unprecedented Loan Show From the Prado to Open in Houston

Four centuries of Spanish history seen through the eyes of painters including Rubens, Titian, El Greco, Goya and Velázquez will go on view at the Museum of Fine Arts, Houston, on Sunday, in a blockbuster exhibition called “Portrait of Spain: Masterpieces From the Prado.'' It is the first time the Madrid museum has lent such a large and important group of works from its permanent collection to a museum in the United States.

Included in the show are more than 100 courtly and religious paintings. It is part of a two-museum tour that started at the Queensland Art Gallery in Brisbane, Australia, where it closed last month.

In Houston, where it will be on view through March 31, there will be 80 paintings and 22 works on paper organized according to themes within three distinct eras of Spanish history: 1550 to 1770; 1770 to 1850; and 1850 to 1900.



Carole King to Receive the Gershwin Prize

Carole King will be the recipient of the 2013 Gershwin Prize for Popular Song, the Library of Congress announced on Thursday.

“Carole King has been one of the most influential songwriters of our time,” the librarian of Congress, James H. Billington, said in announcing the award. He added, “Her body of work reflects the spirit of the Gershwin Prize with its originality, longevity and diversity of appeal.”

Ms. King, 70, is perhaps best known as the songwriter of hits like “You've Got a Friend,” “So Far Away,” “(You Make Me Feel Like) A Natural Woman” and “I Feel the Earth Move.” Her 1971 album “Tapestry” remains one of the best-selling LPs of all time and earned her four Grammy Awards, including album of the year.

But before that breakout album, she was one of pop's most prolific songwriters in the 1960s, churning out hit after hit with her writing partner and husband, Ge rry Goffin, starting with the Shirelles' single “Will You Love Me Tomorrow.” Their other hits included “Chains,” “The Loco-Motion” and “Up on the Roof.”

Ms. King will be saluted with a series of events in Washington next spring, including an honoree's luncheon and musical performance in the Library of Congress's Coolidge Auditorium. Past recipients of the Gershwin Prize include Paul Simon, Stevie Wonder, Paul McCartney and the songwriting team of Burt Bacharach and Hal David.



In Performance: Michael Learned of \'The Outgoing Tide\'

The actress Michael Learned performs a scene from “The Outgoing Tide.” Bruce Graham's play, at 59E59 Theaters through Sunday, is a drama about a blue-collar family facing issues of death and morality. In this excerpt, Peg (Ms. Learned) speaks to her son about his father, who is suffering from dementia.

Other videos in this new theater series include Shuler Hensley in a scene from Samuel D. Hunter's play “The Whale” and Aasif Mandvi performing an excerpt from Ayad Akhtar's drama “Disgraced.” Over the next few weeks watch for videos from Jackie Hoffman (“A Chanukah Charol”), Tracee Chimo (“Bad Jews”), Will Chase (“The Mystery of Edwin Drood”) and other actors.



Afghan Youth Orchestra to Visit America

Hopes to bring an Afghan youth orchestra to the United States appear to have solidified. On Thursday the organizers of the tour released details of the performances, to take place at the Kennedy Center in Washington on Feb. 7 and at Carnegie Hall in New York on Feb. 12.

The young musicians, who attend the Afghanistan National Institute of Music, will play side by side with players from the Maryland Classic Youth Orchestras in Washington and the Scarsdale High School Orchestra in New York, a news release said. Two traditional Afghan instrumental ensembles and a wind group will also perform. The violinist Mikhail Simonyan will serve as soloist in an arrangement of a traditional Afghan piece titled “Lariya.”

The United States Embassy in Kabul, the Carnegie Corporation, the World Bank and Afghanistan's education ministry are financing the trip. “Key U.S. decis ion makers are slated to attend the Washington performance,” the release said. In an interview in April the founder and director of the institute, Ahmad Sarmast, said the tour was partly intended to show the world some good news in Afghanistan, where music was banned by the Taliban in the 1990s.



Musical Inspired by \'Othello\' Coming to Public Theater

The “Othello”-inspired “Venice,” which Time magazine heralded as the best musical of 2010 during its run in Kansas City, Mo., will finally reach New York in May for a production at the Public Theater, executives there announced Thursday. Set in the near future, in a war-torn city weary of totalitarian brutality, “Venice” mixes romance, sibling betrayal and political allegory with a score that blends hip-hop and rock music.

The show is a collaboration of the book writer Eric Rosen and the composer Matt Sax; they wrote the lyrics together, and the work features additional music by Curtis Moore. Mr. Rosen and Mr. Sax previously collaborated on the hip-hop musical “Clay,” which ran off Broadway in 2008. Mr. Rosen will direct “Venice” at the Public; he first staged the show at Kansas City Repertory T heater, where he is artistic director, and then later in 2010 at Center Theater Group in Los Angeles.

The musical will be part of the theater's Public Lab series, which usually presents scaled-down productions of new works and Shakespeare plays at low ticket prices; single tickets for “Venice” will cost $15. The show is scheduled to begin preview performances on May 28 at the Public's Anspacher Theater and officially open on June 13; it is scheduled to run through June 23.



Like a Fairy Tale: Hans Christian Andersen Story Is Found in a Box

A fairy tale about a lonely candle that wants to be lighted had been languishing in a box in Denmark's National Archives for many years. In October it was discovered by a retired historian, who now believes it is one of the first fairy tales ever written by Hans Christian Andersen.

The historian, Esben Brage, said on Thursday that he had unearthed the six-page manuscript at the bottom of a box while searching through the archives of some families from Andersen's hometown, Odense, in central Denmark.

“I was ecstatic,'' Mr. Brage told The Associated Press. “I immediately contacted the curator to tell him about my discovery. I never imagined this.''

The six-page manuscript, called “Tallow Candle,” is dedicated to a vicar's widow named Bunkeflod who lived across the st reet from Andersen's home. Ejnar Stig Askgaard, a Hans Christian Andersen expert, said the work was probably one of Andersen's earliest.

“I often get calls about stuff thought to have been off Andersen's hand,” he said. “Most of the time it is not. This time I was thrilled. This is a very early attempt at prose by Andersen, who was then 18.'' Mr. Askgaard explained that Andersen knew Mrs. Bunkeflod and visited her regularly, reading to her and borrowing books from her.

Andersen wrote nearly 160 fairy tales before his death in 1875, including classics like “The Ugly Duckling” and “The Little Mermaid'' that have been translated into more than 100 languages.



A Train Conductor\'s Empathy on the Local

Dear Diary:

Under the heading of something not to look forward to is the announcement I heard the other week on an Long Island Rail Road train that departed from Pennsylvania Station.

The conductor said, “You are on the painfully local train to Babylon.”

Read all recent entries and our updated submissions guidelines. Reach us via e-mail: diary@nytimes.com or telephone: (212) 556-1333. Follow @NYTMetro on Twitter using the hashtag #MetDiary.



Assessing the Financial Burden of Being an M.T.A Rider

With mass-transit fares about to go up - yet again, most New Yorkers would add wearily - this is a good time to pry a statistic out of the recesses of wonkdom where it usually huddles. It is called the farebox operating ratio, an unlovely phrase for calculating what riders pay out of their own pockets to keep a transit system going.

If that ratio is high, then government support for rail and bus systems is relatively low. With the Metropolitan Transportation Authority, you may not be surprised to hear, the figure is appreciably higher than that for other big American cities.

First, it must be recognized that subways and buses cannot operate solely on money taken from passengers. At least, it is impossible unl ess fares are raised to levels so high that they induce nosebleeds and incite the populace to rebellion. So governments have to chip in - a lot - to keep the wheels rolling.

One way to measure how they're doing is to look at the farebox operating ratio. For the transportation authority, it was 54 percent in September, the most recent reporting period. In other words, riders throughout the region covered more than half the cost of their commute.

Not all passengers are equal, though, in this regard.

The burden is significantly greater for New York City subway riders. Their ratio is 72 percent, according to an analysis by the National Transit Database, part of the federal Transportation Department. It means that nearly three of every four dollars needed to run the subways come directly from MetroCard swipes. For city bus riders, the comparable ratio is only 37 percen t. It is 49 percent for those who use the Long Island Rail Road and 59 percent for those on Metro-North.

The federal study also shows that the subway ratio is a good deal higher here than in other cities. In Atlanta, it's 34 percent, in Boston 50 percent, in Philadelphia 51 percent, in Chicago 53 percent.

There is an uplifting way to assess the numbers.

“What it indicates,” said Aaron Donovan, a spokesman for the New York authority, “is that the M.T.A. is more self-sufficient than almost any other transit agency in the country, if not any other, in terms of generating revenue from itself without relying on a taxpayer subsidy.”

Another way to look at it is that, on a percentage basis, New Yorkers pay a good deal more than others at the turnstile, and Albany and City Hall are less generous than state and local governments elsewhere. How useful is this sort of comparison? Well, said Gene Russianoff, staff lawyer for the advocacy group called the Straphangers Campaign, “it's the only metric that measures how much of a burden there is on the riding public on a nationwide basis.”

The burden for New Yorkers may yet grow heavier, with looming fare increases being but part of the problem.

In a broad tax deal reached a year ago, the governor and the Legislature exempted some businesses from a payroll tax that was created in 2009 to prop up the ever-troubled transportation authority. That payroll tax was exceedingly unpopular in many quarters, notably with suburban lawmakers. Those new exemptions cost the authority $310 million but, Mr. Donovan said, Albany made good on a promise to cover the losses by tapping other sources.

Over the summer, a new threat emerged, one tha t could cost the authority $1.8 billion, when a state judge on Long Island declared the entire payroll tax to be unconstitutional. But transit bosses, confident that the appellate courts will rule in their favor, seem unworried that the $1.8 billion is about to disappear.

Still, these battles in the courts and in Albany reinforce how creaky mass-transit finances can be and how tough it is to spread the burden so that riders alone don't take it on the chin.

Some ask why anyone who doesn't ride the subway should help pay for it. Actually, they don't ask so much as protest. The short response is that pretty much all New Yorkers benefit from mass transit, whether or not they use it.

They include businesses that would like employees to show up on time, stores that want customers to reach them, car drivers who don't wish the roads to be more clogge d than they already are and real-estate developers whose properties are enhanced by a sound transportation network. All of them are taxed or tolled for a reason.

Without subways that work, the city shrivels, and then so does the entire state. This is an economic fact of life.

“The whole philosophy of funding subways and buses is that everyone who benefits pays,” Mr. Russianoff said. That definitely includes the riders. But it shouldn't mean only the riders, he said.

E-mail Clyde Haberman: haberman@nytimes.com