BY JEFF HARRELL and JUDY L. RANDALLSTATEN ISLAND ADVANCE

A Brooklyn federal courtjudge yesterday rejected thecity's bid to cap its liability inthe deadly Staten Island Ferrycrash, opening the door totens of millions of dollars indamage awards to relatives ofthose who perished and tothose maimed and injuredaboard the ferryboat AndrewJ. Barberi more than threeyears ago.

In a 25-page decision, U.S.Chief District Judge Edward R.Korman criticized the cityDepartment of Transportationfor its failure to enforce itsown safeguards, which mighthave averted the tragedy.

The city contended that thecrash of Oct. 15, 2003, in which11 passengers died and scoreswere injured, was covered byan 1851 act that limited a boatowner's liability to the value ofthe boat – $14.4 million, in thecase of the Barberi.

City corporation counselMichael A. Cardozo, in voicingthe city's "disappointment"with Korman's decision, saidthe crash could not have beenforeseen because assistantcaptain Richard J. Smith'smedical condition made him"unfit" to pilot the Barberi,and he "did not disclose that

fact to anyone." However,Korman's ruling pointed outthat the city had appropriateprecautions in place – includ-ing mandating two captains inthe pilothouse – but did notenforce them.

That point was hammeredhome yesterday by WestBrighton attorney AnthonyBisignano, who is representinga number of litigants, and bythe wife of a New Jersey mankilled in the crash.

"The city perceived the risksfrom the early 1900s," saidBisignano, noting the two-pilot rule. "But they had noformal procedure manual, justan eight-page pamphlet thatwas never disseminated" toferry workers. Bisignanonoted that the city's invoca-tion of the obscure act echoedthat of the owners of theTitanic, who sought to "limitthe amount of damages to thevalue of a couple of dozenlifeboats."

Bisignano accused the cityof "attempting to hide behinda legal loophole in maritimelaw," for trying to limit its lia-bility payouts to the worth ofthe boat.

"There's no question thatjustice was served and theright decision was made," saidBisignano, who scoffed at citycorporation counsel's claimsthat without a ceiling, futureawards to crash victims could

cost the city $3 billion in dam-ages.

"That's a gross misrepresen-tation. There's nothing furtherfrom the truth that that's theamount of money the city willhave to dole out," Bisignanosaid.

While 119 claims have beensettled to date for a total of$27.6 million – the highestbeing $8.9 million awarded inMarch last year to survivorPaul Esposito, of NewSpringville, who lost both legsin the crash – the city's attor-neys had sought to limit theamount of compensationavailable to the 80-100 remain-ing plaintiffs to the Barberi'sassessed value of $14.4 million.

But with no cap on liability,the question now is, howmuch?

INDIVIDUAL ASSESSMENTS

"This is not a case whichwill bankrupt the city,"Bisignano said, noting thatputting a dollar amount on anyfuture awards is impossible.

"You can't even ballpark it,"he said. "What we would haveto do is go to each claimantand make an assessment on anindividual basis. You can say itwill be in the millions, but youcan't say where in the millionsit will be.

"But this decision does pavethe way for these people to be

properly compensated with-out a ceiling, and without thecity escaping its responsibilityfor this tragedy," Bisignanosaid.

The 3,300-ton Barberiveered off course andslammed into a maintenancedock when Smith collapsed atthe helm while Capt. MichaelGansas was elsewhere on theboat, a clear violation of stan-dard operating procedurerules detailed in Korman'sdecision requiring two pilotsin the wheelhouse at the timeof docking.

Gansas, who has ties toStaten Island and resides inHazlet, N.J., was fired by thecity in November 2003. Smith,a Westerleigh resident, plead-ed guilty to 11 counts of sea-man's manslaughter in March2006 and was sentenced to 18months in the Federal MedicalCenter Devens inMassachusetts.

Yet Cardozo denied thecity's negligence and laidblame for the disaster squarelyat the feet of Smith.

"The accident occurred"because (Smith) took over theoperation and navigation ofthe Ferry, when he was unfit todo so, and did not disclose thatfact to anyone," Cardozo said.

"We believe that the Ferry'spolicies and practices weresafe on October 15, 2003, as

they have been throughout itshundred-year history,"Cardozo added. "We are con-sidering our appellateoptions."

The city has 30 days toappeal Korman's decision.

Maritime counsel James E.Ryan, who worked withBisignano and the plaintiff'sattorneys countering the city'smaritime lawyers, called thejudge's ruling "well-written,"legally "lock-tight," and leav-ing no room for appeal.

The boat belonged to thecity, Ryan reasoned. And therewas only one pilot in thewheelhouse during dockingwhen both the "1908 rules"and the "1958 rules" clearlystipulated "that a second pilotbe in the pilothouse."Enforcing the rule was cost-free and the city's failure to doso constituted a breach of theduty of care owed to theBarberi's passengers, whoentrusted their safety to thecity," the judge wrote.

"It doesn't take a maritimeexpert to figure it out," Ryansaid.

Some family members of thecrash victims held a brief con-ference outside the court-house immediately after theruling was released. KathyHealy of Middletown, N.J.,whose husband, John Healy,was among the 11 who died,

said, "This wasn't just aboutone person passing out behindthe wheel of the ferry. Thiswas about an entire crew, anentire department, from thedeck hands all the way up tothe commissioner of DOT, IrisWeinshall, simply not doingtheir jobs in providing a safetravel environment."

‘DO WHAT’S RIGHT’

"The city should step up tothe plate and do what's right,"added Mrs. Healy. "If thesepeople worked for a privatecompany, they would havebeen held responsible. ... Thiswas an accident waiting tohappen. And there are nomore excuses."

Added John Healy's sister,Patricia Roughan: "If the citydoes file an appeal it will bebecause they are trying to stallthings, hoping this will all goaway."

Attorney Sanford Rubinstein,who served as co-lead counselwith Bisignano, said the judge"did the right thing."

"Will the mayor do the rightthing?" Rubinstein asked. "Orwill it drag on even longerwith appeals? We hope themayor does the right thing andallows these victims to havetheir day in court now."

Jeff Harrell and Judy L. Randall are newsreporters for the Advance. They may bereached at harrell@siadvance.com andrandall@siadvance.com.

No limit on awards for victims in ferry crash

TUESDAY, FEBRUARY 27, 2007BREAKING NEWS ALL DAY ON SILIVE.COM PUBLISHED SINCE 1886 50 CENTS

TODAY’S INDEXADVICE C 10BUSINESS A 17CLASSIFIED B 8COMICS C 8-9COUPONS D 1CROSSWORD C 9EDITORIAL A 20-21GOSSIP A 18INSIDE OUT A 16

TELEVISION/MOVIES A 19OBITUARIES A 10-12SPORTS B 1RELATIONSHIPS C 1

TODAY INHISTORY A 12

YOUNGADVANCE B 12

Staten Island Advance on-line:www.silive.com

Alma Bisco of Dongan Hills

Mostly cloudywith a highof 42

COMPLETE REPORT ON A 22

WEATHER WATCHER

New N. Shore break-insas arrests are made inprobe of the crime spreeBy JOHN ANNESESTATEN ISLAND ADVANCE

Police are putting on a full-court press to apprehend theburglar who has plagued theStaten Island communities ofWesterleigh and WestBrighton for the last month —and who may have notched

two morejobs thispast week-end.

“Anyonewith ac r i m i n a l

background, we’re visiting andwe’re targeting,” said a policesource familiar with the break-in investigation.

The stepped-up effortsyielded two arrests, and thesource said both men hadbeen arrested in the past forburglaries.

On Friday, cops of the NorthShore’s 120th Precinct arrested26-year-old Douglas Sim-monds outside his Hart Boule-

vard home, catching him as hewas “about to light up a crackpipe,” the source said.

He was arraigned on misde-meanor drug charges and re-leased without bail the nextday. And on Saturday, cops ar-rested Louis Castro, 41, of the100 block of Winter Avenue inNew Brighton.

Police found Castro onNorth Burgher Avenue inWest Brighton, carrying agravity knife, two sheet rocksaws, seven screwdrivers, sixpliers, a wrench, five drill bits,a wood chisel and a puttyknife, all in a backpack.

They charged him with pos-sessing burglar’s tools andcriminal weapon possession.He’s being held on $7,500 bail,and faces larceny, stolen prop-erty, trespassing and drug-re-lated charges in several pastcriminal cases.

It’s unclear if either man hasanything to do with thescourge of burglaries, but thesource said investigators arehoping the arrests might leadto more information about thesuspect, or even put a stop to

Police sweepanxious streetsin burglar hunt

No limit onawards forvictims inferry crash

SEE HUNT, PAGE A 7

By JEFF HARRELLand JUDY L. RANDALLSTATEN ISLAND ADVANCE

A Brooklyn federal courtjudge yesterday rejected thecity’s bid to cap its liability inthe deadly Staten Island Ferrycrash, opening the door totens of millions of dollars indamage awards to relatives ofthose who perished and tothose maimed and injuredaboard the ferryboat Andrew

J. Barberimore thanthree yearsago.

In a 25-page deci-sion, U.S.

Chief District Judge Edward R.Korman criticized the city De-partment of Transportationfor its failure to enforce itsown safeguards, which mighthave averted the tragedy.

The city contended that thecrash of Oct. 15, 2003, in which11 passengers died and scoreswere injured, was covered byan 1851 act that limited a boatowner’s liability to the value

Reported firston silive.comyesterday,at 5:02 p.m.

By JUDY L. RANDALLSTATEN ISLAND ADVANCE

Debra Canini said she gotthrough yesterday as she didthe day before, and the day be-fore that: The best she could.

“You breathe,” she said.“You work.”

Mrs. Canini’s husband, Pio,died in the crash of the ferry-boat Andrew J. Barberi, andyesterday, the Annadale moth-er of three took a day off from

her duties as a school busdriver to go to federal court inBrooklyn, where a judge hand-ed down his decision on thecity’s liability in the 2003 acci-dent that killed 10 people be-sides Canini and injuredscores.

“It’s a step in the right direc-tion; I just wish it had hap-pened sooner,” said Mrs. Cani-ni of the ruling that denied thecity’s request to limit theamount of damages it has to

pay to victims and their fami-lies.

“I guess it’s a step in theright direction for closure,”she added, her hands shakingas she fingered a tiny photo-graph of her husband, whichshe has attached to a keychain.

For the family of victim Dar-ius Marshall of St. George, thedecision rendered by Chief

SEE AWARDS, PAGE A 6

STATEN ISLAND ADVANCE/IRVING SILVERSTEIN

Kathy Healy, whose husband, John, was among the 11 who died, said of the ferry crash ruling: “The cityshould step up to the plate and do what’s right. If these people worked for a private company, they wouldhave been held responsible.” At right is West Brighton attorney Anthony Bisignano.

For families, ruling soothes the pain, a little

SEE FAMILIES, PAGE A 6

By TOM WROBLESKIADVANCE POLITICAL EDITOR

Democratic North ShoreAssembly hopeful DanielLavelle has closed down a My-Space.com page he sharedwith his wife, fearing that itcould embarrass his campaign.

“As a candidate, I didn’t feelit was an appropriate forum,”Lavelle told the Advance. Thepage, which contained refer-ences to allegedly beingcaught shoplifting a CD and ajoke about drug use, andwhich described Lavelle’s eth-nicity as “cracker,” was off the

MySpace siteas of Friday.

Lavelle islooking to suc-ceed his latefather, Assem-blyman JohnLavelle, in theNorth Shore

seat.Democrats will meet

tonight to choose their nomi-nee. Lavelle is seen as amongthe favorites for the nod, alongwith Supreme Court deputychief clerk Robert Olivari, alongtime friend of the Lavellefamily, and 2006 state Senatecandidate Matthew Titone.

Daniel Lavelle said the My-Space site was launched fol-lowing the birth of his daugh-ter, Julia, now 14 months old,so that off-Island family mem-bers and friends could keeptrack of her progress.

“I didn’t want it to be therefor something it wasn’t meantto be used for,” he said, whenasked why he closed down thesite. “I didn’t want anybody togo on there to disparage me.”

Lavelle said he decided onhis own to shutter the site, andthat it wasn’t done at the sug-gestion of any supporters.

“I’m a potential candidate,”he said. “I have to be carefulabout what people are goingto post on it.”

The site featured photos ofJulia Lavelle, as well as

Dem hopefulfor AssemblyyanksWeb pagewith diceydata

SEE PAGE, PAGE A 7

GOP PICKSASSEMBLYCANDIDATE

Page A 7

By HEIDI J. SHRAGERand KIAWANA RICHSTATEN ISLAND ADVANCE

Not even a “good home” is asurefire defense against the n-word.

Just ask Lisa Payne, 41, of theWesterleigh section of StatenIsland, a teacher and a mother.

Unaccountably, her 17-year-old, Gabrielle, had begun touse the vile term. She’d greetfriends with it — even hermother, a time or two. The laststraw, according to Ms. Payne,was when Gabrielle went toher grandfather’s house andsprang the n-word on him.

“He called me up and said,‘You can’t believe what shejust said to me!’” recalled Ms.Payne, who promptly satGabrielle down for a goodtalking-to.

Gabrielle now realizes how

N-word’s spreadhas City Counciltaking a stand

SEE COUNCIL, PAGE A 7

Reported firston silive.comyesterday,at 10:13 a.m.

By KAREN MATTHEWSASSOCIATED PRESS

Filmmakers and re-searchers yesterday un-veiled two ancient stoneboxes they said may haveonce contained the remainsof Jesus and Mary Magda-lene, but several scholarsderided the claims made ina new documentary as un-founded and contradictoryto basic Christian beliefs.

“The Lost Tomb of Je-sus,” produced by Oscar-winning director JamesCameron and scheduled toair Sunday on the Discov-ery Channel, argues that 10small caskets, called os-suaries, discovered in 1980in a Jerusalem suburb mayhave held the bones of Je-sus and his family.

One of the caskets evenbears the title, “Judah, sonof Jesus,” hinting that Jesusmay have had a son, ac-

cording to the film.The claim that Jesus even

had an ossuary contradictsthe Christian belief that hewas resurrected and as-cended to heaven.

A panel of scholars thatjoined the filmmakers yes-terday at the New YorkPublic Library addressedthat criticism and others.

James Tabor, a professorof religious studies at theUniversity of North Caroli-na at Charlotte, said thatwhile literal interpreters ofthe Bible say Jesus’ physicalbody rose from the dead,“one might affirm resurrec-tion in a more spiritual wayin which the husk of thebody is left behind.” But Al-

bert Mohler, president ofthe Southern Baptist Theo-logical Seminary, saidChristianity “has alwaysunderstood the physicalresurrection of Christ to beat the very center of thefaith.”

Cameron, who won an

STRANGE TALE OF JESUS’ TOMB

ASSOCIATED PRESS PHOTOS

Professor James Tabor, left, chairman of the department of religious studies at the University of North Carolina at Charlotte, and filmdirector James Cameron with one of two limestone burial boxes found in a 2,000-year-old tomb in Jerusalem that they say may haveheld the remains of Mary Magdalene and Jesus of Nazareth.

Scholars, clergy criticize documentary on Holy Land discovery

This is the entrance to a burial cave in southern Jerusalem that’sthe topic of a controversial new documentary.

SEE TOMB, PAGE A 6

Where to watch“The Lost Tomb of Jesus,”is produced by Oscar-winner James Cameron.

DaySunday

Time9 p.m.

ChannelThe Discovery Channel

TUESDAY, FEBRUARY 27, 2007BREAKING NEWS ALL DAY ON SILIVE.COM PUBLISHED SINCE 1886 50 CENTS

TODAY’S INDEXADVICE C 10BUSINESS A 17CLASSIFIED B 8COMICS C 8-9COUPONS D 1CROSSWORD C 9EDITORIAL A 20-21GOSSIP A 18INSIDE OUT A 16

TELEVISION/MOVIES A 19OBITUARIES A 10-12SPORTS B 1RELATIONSHIPS C 1

TODAY INHISTORY A 12

YOUNGADVANCE B 12

Staten Island Advance on-line:www.silive.com

Alma Bisco of Dongan Hills

Mostly cloudywith a highof 42

COMPLETE REPORT ON A 22

WEATHER WATCHER

New N. Shore break-insas arrests are made inprobe of the crime spreeBy JOHN ANNESESTATEN ISLAND ADVANCE

Police are putting on a full-court press to apprehend theburglar who has plagued theStaten Island communities ofWesterleigh and WestBrighton for the last month —and who may have notched

two morejobs thispast week-end.

“Anyonewith ac r i m i n a l

background, we’re visiting andwe’re targeting,” said a policesource familiar with the break-in investigation.

The stepped-up effortsyielded two arrests, and thesource said both men hadbeen arrested in the past forburglaries.

On Friday, cops of the NorthShore’s 120th Precinct arrested26-year-old Douglas Sim-monds outside his Hart Boule-

vard home, catching him as hewas “about to light up a crackpipe,” the source said.

He was arraigned on misde-meanor drug charges and re-leased without bail the nextday. And on Saturday, cops ar-rested Louis Castro, 41, of the100 block of Winter Avenue inNew Brighton.

Police found Castro onNorth Burgher Avenue inWest Brighton, carrying agravity knife, two sheet rocksaws, seven screwdrivers, sixpliers, a wrench, five drill bits,a wood chisel and a puttyknife, all in a backpack.

They charged him with pos-sessing burglar’s tools andcriminal weapon possession.He’s being held on $7,500 bail,and faces larceny, stolen prop-erty, trespassing and drug-re-lated charges in several pastcriminal cases.

It’s unclear if either man hasanything to do with thescourge of burglaries, but thesource said investigators arehoping the arrests might leadto more information about thesuspect, or even put a stop to

Police sweepanxious streetsin burglar hunt

No limit onawards forvictims inferry crash

SEE HUNT, PAGE A 7

By JEFF HARRELLand JUDY L. RANDALLSTATEN ISLAND ADVANCE

A Brooklyn federal courtjudge yesterday rejected thecity’s bid to cap its liability inthe deadly Staten Island Ferrycrash, opening the door totens of millions of dollars indamage awards to relatives ofthose who perished and tothose maimed and injuredaboard the ferryboat Andrew

J. Barberimore thanthree yearsago.

In a 25-page deci-sion, U.S.

Chief District Judge Edward R.Korman criticized the city De-partment of Transportationfor its failure to enforce itsown safeguards, which mighthave averted the tragedy.

The city contended that thecrash of Oct. 15, 2003, in which11 passengers died and scoreswere injured, was covered byan 1851 act that limited a boatowner’s liability to the value

Reported firston silive.comyesterday,at 5:02 p.m.

By JUDY L. RANDALLSTATEN ISLAND ADVANCE

Debra Canini said she gotthrough yesterday as she didthe day before, and the day be-fore that: The best she could.

“You breathe,” she said.“You work.”

Mrs. Canini’s husband, Pio,died in the crash of the ferry-boat Andrew J. Barberi, andyesterday, the Annadale moth-er of three took a day off from

her duties as a school busdriver to go to federal court inBrooklyn, where a judge hand-ed down his decision on thecity’s liability in the 2003 acci-dent that killed 10 people be-sides Canini and injuredscores.

“It’s a step in the right direc-tion; I just wish it had hap-pened sooner,” said Mrs. Cani-ni of the ruling that denied thecity’s request to limit theamount of damages it has to

pay to victims and their fami-lies.

“I guess it’s a step in theright direction for closure,”she added, her hands shakingas she fingered a tiny photo-graph of her husband, whichshe has attached to a keychain.

For the family of victim Dar-ius Marshall of St. George, thedecision rendered by Chief

SEE AWARDS, PAGE A 6

STATEN ISLAND ADVANCE/IRVING SILVERSTEIN

Kathy Healy, whose husband, John, was among the 11 who died, said of the ferry crash ruling: “The cityshould step up to the plate and do what’s right. If these people worked for a private company, they wouldhave been held responsible.” At right is West Brighton attorney Anthony Bisignano.

For families, ruling soothes the pain, a little

SEE FAMILIES, PAGE A 6

By TOM WROBLESKIADVANCE POLITICAL EDITOR

Democratic North ShoreAssembly hopeful DanielLavelle has closed down a My-Space.com page he sharedwith his wife, fearing that itcould embarrass his campaign.

“As a candidate, I didn’t feelit was an appropriate forum,”Lavelle told the Advance. Thepage, which contained refer-ences to allegedly beingcaught shoplifting a CD and ajoke about drug use, andwhich described Lavelle’s eth-nicity as “cracker,” was off the

MySpace siteas of Friday.

Lavelle islooking to suc-ceed his latefather, Assem-blyman JohnLavelle, in theNorth Shore

seat.Democrats will meet

tonight to choose their nomi-nee. Lavelle is seen as amongthe favorites for the nod, alongwith Supreme Court deputychief clerk Robert Olivari, alongtime friend of the Lavellefamily, and 2006 state Senatecandidate Matthew Titone.

Daniel Lavelle said the My-Space site was launched fol-lowing the birth of his daugh-ter, Julia, now 14 months old,so that off-Island family mem-bers and friends could keeptrack of her progress.

“I didn’t want it to be therefor something it wasn’t meantto be used for,” he said, whenasked why he closed down thesite. “I didn’t want anybody togo on there to disparage me.”

Lavelle said he decided onhis own to shutter the site, andthat it wasn’t done at the sug-gestion of any supporters.

“I’m a potential candidate,”he said. “I have to be carefulabout what people are goingto post on it.”

The site featured photos ofJulia Lavelle, as well as

Dem hopefulfor AssemblyyanksWeb pagewith diceydata

SEE PAGE, PAGE A 7

GOP PICKSASSEMBLYCANDIDATE

Page A 7

By HEIDI J. SHRAGERand KIAWANA RICHSTATEN ISLAND ADVANCE

Not even a “good home” is asurefire defense against the n-word.

Just ask Lisa Payne, 41, of theWesterleigh section of StatenIsland, a teacher and a mother.

Unaccountably, her 17-year-old, Gabrielle, had begun touse the vile term. She’d greetfriends with it — even hermother, a time or two. The laststraw, according to Ms. Payne,was when Gabrielle went toher grandfather’s house andsprang the n-word on him.

“He called me up and said,‘You can’t believe what shejust said to me!’” recalled Ms.Payne, who promptly satGabrielle down for a goodtalking-to.

Gabrielle now realizes how

N-word’s spreadhas City Counciltaking a stand

SEE COUNCIL, PAGE A 7

Reported firston silive.comyesterday,at 10:13 a.m.

By KAREN MATTHEWSASSOCIATED PRESS

Filmmakers and re-searchers yesterday un-veiled two ancient stoneboxes they said may haveonce contained the remainsof Jesus and Mary Magda-lene, but several scholarsderided the claims made ina new documentary as un-founded and contradictoryto basic Christian beliefs.

“The Lost Tomb of Je-sus,” produced by Oscar-winning director JamesCameron and scheduled toair Sunday on the Discov-ery Channel, argues that 10small caskets, called os-suaries, discovered in 1980in a Jerusalem suburb mayhave held the bones of Je-sus and his family.

One of the caskets evenbears the title, “Judah, sonof Jesus,” hinting that Jesusmay have had a son, ac-

cording to the film.The claim that Jesus even

had an ossuary contradictsthe Christian belief that hewas resurrected and as-cended to heaven.

A panel of scholars thatjoined the filmmakers yes-terday at the New YorkPublic Library addressedthat criticism and others.

James Tabor, a professorof religious studies at theUniversity of North Caroli-na at Charlotte, said thatwhile literal interpreters ofthe Bible say Jesus’ physicalbody rose from the dead,“one might affirm resurrec-tion in a more spiritual wayin which the husk of thebody is left behind.” But Al-

bert Mohler, president ofthe Southern Baptist Theo-logical Seminary, saidChristianity “has alwaysunderstood the physicalresurrection of Christ to beat the very center of thefaith.”

Cameron, who won an

STRANGE TALE OF JESUS’ TOMB

ASSOCIATED PRESS PHOTOS

Professor James Tabor, left, chairman of the department of religious studies at the University of North Carolina at Charlotte, and filmdirector James Cameron with one of two limestone burial boxes found in a 2,000-year-old tomb in Jerusalem that they say may haveheld the remains of Mary Magdalene and Jesus of Nazareth.

Scholars, clergy criticize documentary on Holy Land discovery

This is the entrance to a burial cave in southern Jerusalem that’sthe topic of a controversial new documentary.

SEE TOMB, PAGE A 6

Where to watch“The Lost Tomb of Jesus,”is produced by Oscar-winner James Cameron.

DaySunday

Time9 p.m.

ChannelThe Discovery Channel

A 6 STATEN ISLAND ADVANCE TUESDAY, FEBRUARY 27, 2007 .

THE ISLAND

Injured ferry rider settles claim against city for $1MIslander Matthew Rubertosuffered ruptured disc anddislocated shoulder in crash

By FRANK DONNELLYSTATEN ISLAND ADVANCE

Even as a federal judge re-fused yesterday to cap liabil-ity claims in the 2003 StatenIsland Ferry crash, a Granite-ville man who was hurt in thehorrific accident settled hispersonal-injury claim with thecity for $1 million.

Matthew Ruberto, then 29,was a passenger aboard theferryboat Andrew J. Barberiwhen it slammed into a con-crete maintenance pier at theSt. George Ferry Terminal onOct. 15, 2003. Eleven peoplewere killed and scores, in-cluding Ruberto, an elevatormechanic, were injured.

Despite suffering a rup-tured back disc and a dislo-cated left shoulder in thecrash, Ruberto made a tourni-quet out of his shirt sleeve toaid another passenger who

had suffered a severe leg in-jury, according to his lawyerand Advance reports.

“I think the city behaved ina very rational and reasonablemanner in this instance,” saidRuberto’s attorney, MichaelH. Bush of the New Dorp lawfirm of Chelli & Bush, refer-ring to the settlement.

He said his client wouldhave no comment on theagreement , which wasreached late Friday and for-malized yesterday.

Ruberto had surgery on

both his shoulder and back in2004 and also underwentphysical therapy. He has beenunable to return to work dueto his injuries, Bush said.

The lawyer said he was un-certain as to his client’s futureplans, although he hopes to at-tend a New York Yankeesgame this year.

A rabid fan, who went to 30to 40 games a year, Rubertohas not seen his favorite base-ball team in person since thecrash.

The city had tried to limit

damages on outstanding casesat $14.4 million — the value ofthe Barberi based on an oldmaritime statute.

More than 180 claims werefiled after the crash, 119 ofwhich have been settled for atotal of $27.6 million, and twowere discounted, city officialssaid. It was not immediatelyclear yesterday whether Ru-berto’s claim was calculatedinto those settlement figures.

In denying the city’s bid,U.S. Chief District Judge Ed-ward R. Korman ruled in

Brooklyn federal court thatformer ferry director PatrickRyan had, by his own admis-sion, failed to implement orenforce a rule requiring twopilots during docking.

Assistant Capt. RichardSmith was alone in the wheel-house and blacked out due tofatigue and painkillers as theboat approached St. George.— Associated Press materialwas used in this report.

Frank Donnelly is a news reporter for theAdvance. He may be reached at fdonnel-ly@siadvance.com.

AWARDS FROM PAGE A 1

U.S. judge rejects limit on awards to Barberi accident victimsof the boat — $14.4 million, inthe case of the Barberi.

City corporation counselMichael A. Cardozo, in voic-ing the city’s “disappoint-ment” with Korman’s deci-sion, said the crash could nothave been foreseen becauseassistant captain Richard J.Smith’s medical conditionmade him “unfit” to pilot theBarberi, and he “did not dis-close that fact to anyone.”However, Korman’s rulingpointed out that the city hadappropriate precautions inplace — including mandatingtwo captains in the pilothouse— but did not enforce them.

That point was hammeredhome yesterday by WestBrighton attorney AnthonyBisignano, who is represent-ing a number of litigants, andby the wife of a New Jerseyman killed in the crash.

“The city perceived therisks from the early 1900s,”said Bisignano, noting thetwo-pilot rule. “But they hadno formal procedure manual,just an eight-page pamphletthat was never disseminated”to ferry workers. Bisignanonoted that the city’s invoca-tion of the obscure act echoedthat of the owners of the Ti-tanic, who sought to “limit theamount of damages to thevalue of a couple of dozenlifeboats.”

Bisignano accused the cityof “attempting to hide behinda legal loophole in maritimelaw,” for trying to limit its lia-bility payouts to the worth ofthe boat.

“There’s no question thatjustice was served and theright decision was made,” saidBisignano, who scoffed at citycorporation counsel’s claimsthat without a ceiling, future

awards to crash victims couldcost the city $3 billion in dam-ages.

“That’s a gross misrepre-sentation. There’s nothingfurther from the truth thatthat’s the amount of moneythe city will have to dole out,”Bisignano said.

While 119 claims have beensettled to date for a total of$27.6 million — the highestbeing $8.9 million awarded inMarch last year to survivorPaul Esposito, of New Spring-ville, who lost both legs in thecrash — the city’s attorneyshad sought to limit theamount of compensationavailable to the 80-100 re-maining plaintiffs to the Bar-

beri’s assessed value of $14.4million.

But with no cap on liability,the question now is, howmuch?

INDIVIDUAL ASSESSMENTS“This is not a case which

will bankrupt the city,” Bisig-nano said, noting that puttinga dollar amount on any futureawards is impossible.

“You can’t even ballparkit,” he said. “What we wouldhave to do is go to each claim-ant and make an assessmenton an individual basis. Youcan say it will be in the mil-lions, but you can’t say wherein the millions it will be.

“But this decision does

pave the way for these peopleto be properly compensatedwithout a ceiling, and withoutthe city escaping its responsi-bility for this tragedy,” Bisig-nano said.

The 3,300-ton Barberiveered off course andslammed into a maintenancedock when Smith collapsed atthe helm while Capt. MichaelGansas was elsewhere on theboat, a clear violation of stan-dard operating procedurerules detailed in Korman’s de-cision requiring two pilots inthe wheelhouse at the time ofdocking.

Gansas, who has ties to Sta-ten Island and resides inHazlet, N.J., was fired by the

city in November 2003. Smith,a Westerleigh resident ,pleaded guilty to 11 counts ofseaman’s manslaughter inMarch 2006 and was sen-tenced to 18 months in theFederal Medical Center De-vens in Massachusetts.

Yet Cardozo denied thecity’s negligence and laidblame for the disastersquarely at the feet of Smith.

“The accident occurred”because [Smith] took over theoperation and navigation ofthe Ferry, when he was unfitto do so, and did not disclosethat fact to anyone,” Cardozosaid.

“We believe that the Fer-ry’s policies and practiceswere safe on October 15, 2003,as they have been throughoutits hundred-year history,”Cardozo added. “We are con-sidering our appellate op-tions.”

The city has 30 days to ap-peal Korman’s decision.

Maritime counsel James E.Ryan, who worked with Bisig-nano and the plaintiff’s attor-neys countering the city’smaritime lawyers, called thejudge’s ruling “well-written,”legally “lock-tight,” and leav-ing no room for appeal.

The boat belonged to thecity, Ryan reasoned. Andthere was only one pilot in thewheelhouse during dockingwhen both the “1908 rules”and the “1958 rules” clearlystipulated “that a second pilotbe in the pilothouse.” Enforc-ing the rule was cost-free andthe city’s failure to do so con-stituted a breach of the dutyof care owed to the Barberi’spassengers, who entrustedtheir safety to the city,” thejudge wrote.

“It doesn’t take a maritime

expert to figure it out,” Ryansaid.

Some family members ofthe crash victims held a briefconference outside the court-house immediately after theruling was released. KathyHealy of Middletown, N.J.,whose husband, John Healy,was among the 11 who died,said, “This wasn’t just aboutone person passing out be-hind the wheel of the ferry.This was about an entirecrew, an entire department,from the deck hands all theway up to the commissionerof DOT, Iris Weinshall, sim-ply not doing their jobs inproviding a safe travel envi-ronment.”

‘DO WHAT’S RIGHT’“The city should step up to

the plate and do what’s right,”added Mrs. Healy. “If thesepeople worked for a privatecompany, they would havebeen held responsible. ... Thiswas an accident waiting tohappen. And there are nomore excuses.”

Added John Healy’s sister,Patricia Roughan: “If the citydoes file an appeal it will bebecause they are trying tostall things, hoping this willall go away.”

Attorney Sanford Rubin-stein, who served as co-leadcounsel with Bisignano, saidthe judge “did the right thing.”

“Will the mayor do theright thing?” Rubinsteinasked. “Or will it drag on evenlonger with appeals? We hopethe mayor does the right thingand allows these victims tohave their day in court now.”

Jeff Harrell and Judy L. Randall are newsreporters for the Advance. They may bereached at harrell@siadvance.com andrandall@siadvance.com.

PHOTO COURTESY OF NATIONAL TRANSPORTATION SAFETY BOARD

The main deck of the ferryboat Andrew J. Barberi was devastated in the Oct. 15, 2003 crash.

FAMILIES FROM PAGE A 1

Decision soothes the pain, a littleJudge Edward R. Korman inU.S. Eastern District Court isnot about closure or compen-satory damages. It’s about theloss of a loved one.

“It’s a bittersweet day forus,” said the dead man’s sister,Eboni Marshall.

“We relive the loss everyday. We try to get closure, butwe will always have the painand the loss.”

“It was a fair and sound andjust decision,” added Ms. Mar-shall, as Darius Marshall’suncle, Tony Mozone, stoodnext to her after a press con-ference outside the court-house.

“We hope the city willabide by it so that we can allmove on in the right direction.It will help not having tocome to court every couple ofmonths, or speak to the mediaevery couple of months.”

“Justice may not be per-fect,” Ms. Marshall told theAdvance, “but it does help usto move forward.”

Monetary awards aside,said Kathy Healy of New Jer-sey, “nothing will ever re-place” not having her hus-band, John, with her and theirfour children, ages 16, 14, 13and 11.

She said there could be no

compensation for the children“having gone through manymilestones” without their fa-ther.

“Communion, confirma-tions, graduations, playing inthe varsity games, looking forcolleges,” said Mrs. Healy.

Meanwhile, said attorneyAnthony Bisignano, the law-suit against the city “has hadthe result of causing the ferryto be a much safer place.”

“The Staten Island Ferry isa much safer ride now,” hesaid.

Judy L. Randall is a news reporter for theAdvance. She may be reached at rand-all@siadvance.com.

STATEN ISLAND ADVANCE PHOTOS/IRVING SILVERSTEIN

Debra Canini, left, holds an article about her husband, Pio, who died in the crash, and Eboni Marshall, right, whosebrother, Darius, was killed in the accident, speaks to the press. With her is lawyer Sanford A. Rubenstein.

TOMB FROM PAGE A 1

Strange tale of burial box said to be the tomb of JesusAcademy Award for directing“Titanic,” said he was excitedto be associated with the Jesusfilm, which was directed byToronto filmmaker Simcha Ja-cobovici.

“We don’t have any physi-cal record of Jesus’ existence,”

he said. “So what this film ...shows is for the first time tan-gible, physical, archaeologicaland in some cases forensicevidence.”

He said that to a layman’seye “it seemed pretty darncompelling.”

Jacobovici said that a nameon one of the ossuaries —“Mariamene” — offers evi-dence that the tomb is that ofJesus and his family. In earlyChristian texts, “Mariamene”is the name of Mary Magda-lene, he said.

Most Christians believeJesus’ body spent three daysat the site of the Church of theHoly Sepulcher in Jerusalem’sOld City. The burial site iden-tified in Cameron’s documen-tary is in a southern Jerusalemneighborhood nowhere nearthe church.

In 1996, when the BritishBroadcasting Corp. aired ashort documentary on thesame subject, archaeologistschallenged the claims. AmosKloner, the first archaeologistto examine the site, said theidea fails to hold up by ar-chaeological standards butmakes for profitable televi-sion.

“They just want to getmoney for it,” Kloner said.

The film’s claims haveraised the ire of Christianleaders in the Holy Land.

Stephen Pfann, a biblicalscholar at the University ofthe Holy Land in Jerusalemwho was interviewed in thedocumentary, said the film’shypothesis holds little weight.

“I don’t think that Chris-tians are going to buy intothis,” Pfann said. “But skep-tics, in general, would like tosee something that pokesholes into the story that somany people hold dear.”

Jacobovici said the ossua-ries did not initially seem ex-

traordinary because thenames on them were all com-mon.

But the filmmakers hadstatisticians calculate the like-lihood that any other family infirst-century Jerusalem wouldhave had that cluster ofnames.

“The numbers range from 1in 100 to 1 in 1,000 that there issome other family,” said An-drey Feuerverger, a professorof mathematics at the Univer-sity of Toronto.

Osnat Goaz, a spokes-

woman for the Israeli govern-ment agency responsible forarchaeology, said the Antiqui-ties Authority agreed to sendtwo ossuaries to New York,where they were displayed atyesterday’s news conference,“but it doesn’t mean that weagree with” the filmmakers.

The ossuaries do not con-tain any bones. The boneswere reburied after their dis-covery, as is standard practicewith archaeological finds inIsrael.

But Jacobovici said DNAevidence can nonetheless becollected from the boxes. Hesaid DNA analysis has so farproved that Jesus and Maria-mene, the putative Mary Mag-dalene, were not siblings andtherefore could have beenhusband and wife.

“We don’t have any physical record of Jesus’existence. Sowhat this film ... shows is for the firsttime tangible, physical, archaeological and in somecases forensic evidence.”

— Filmmaker Simcha Jacobovici

Serving Staten Island Since 1965

MASTROPIEROSWIMMING

POOLSCUSTOM INGROUND POOLSSERVICE & MAINTENANCE

718-227-9120www.sipooldesign.com

PLATEMAN 718-667-4746AUTO REGISTRATION SERVICES

We Go To Motor Vehicles For You147 NEW DORP LANE

A 6 STATEN ISLAND ADVANCE TUESDAY, FEBRUARY 27, 2007 .

THE ISLAND

Injured ferry rider settles claim against city for $1MIslander Matthew Rubertosuffered ruptured disc anddislocated shoulder in crash

By FRANK DONNELLYSTATEN ISLAND ADVANCE

Even as a federal judge re-fused yesterday to cap liabil-ity claims in the 2003 StatenIsland Ferry crash, a Granite-ville man who was hurt in thehorrific accident settled hispersonal-injury claim with thecity for $1 million.

Matthew Ruberto, then 29,was a passenger aboard theferryboat Andrew J. Barberiwhen it slammed into a con-crete maintenance pier at theSt. George Ferry Terminal onOct. 15, 2003. Eleven peoplewere killed and scores, in-cluding Ruberto, an elevatormechanic, were injured.

Despite suffering a rup-tured back disc and a dislo-cated left shoulder in thecrash, Ruberto made a tourni-quet out of his shirt sleeve toaid another passenger who

had suffered a severe leg in-jury, according to his lawyerand Advance reports.

“I think the city behaved ina very rational and reasonablemanner in this instance,” saidRuberto’s attorney, MichaelH. Bush of the New Dorp lawfirm of Chelli & Bush, refer-ring to the settlement.

He said his client wouldhave no comment on theagreement , which wasreached late Friday and for-malized yesterday.

Ruberto had surgery on

both his shoulder and back in2004 and also underwentphysical therapy. He has beenunable to return to work dueto his injuries, Bush said.

The lawyer said he was un-certain as to his client’s futureplans, although he hopes to at-tend a New York Yankeesgame this year.

A rabid fan, who went to 30to 40 games a year, Rubertohas not seen his favorite base-ball team in person since thecrash.

The city had tried to limit

damages on outstanding casesat $14.4 million — the value ofthe Barberi based on an oldmaritime statute.

More than 180 claims werefiled after the crash, 119 ofwhich have been settled for atotal of $27.6 million, and twowere discounted, city officialssaid. It was not immediatelyclear yesterday whether Ru-berto’s claim was calculatedinto those settlement figures.

In denying the city’s bid,U.S. Chief District Judge Ed-ward R. Korman ruled in

Brooklyn federal court thatformer ferry director PatrickRyan had, by his own admis-sion, failed to implement orenforce a rule requiring twopilots during docking.

Assistant Capt. RichardSmith was alone in the wheel-house and blacked out due tofatigue and painkillers as theboat approached St. George.— Associated Press materialwas used in this report.

Frank Donnelly is a news reporter for theAdvance. He may be reached at fdonnel-ly@siadvance.com.

AWARDS FROM PAGE A 1

U.S. judge rejects limit on awards to Barberi accident victimsof the boat — $14.4 million, inthe case of the Barberi.

City corporation counselMichael A. Cardozo, in voic-ing the city’s “disappoint-ment” with Korman’s deci-sion, said the crash could nothave been foreseen becauseassistant captain Richard J.Smith’s medical conditionmade him “unfit” to pilot theBarberi, and he “did not dis-close that fact to anyone.”However, Korman’s rulingpointed out that the city hadappropriate precautions inplace — including mandatingtwo captains in the pilothouse— but did not enforce them.

That point was hammeredhome yesterday by WestBrighton attorney AnthonyBisignano, who is represent-ing a number of litigants, andby the wife of a New Jerseyman killed in the crash.

“The city perceived therisks from the early 1900s,”said Bisignano, noting thetwo-pilot rule. “But they hadno formal procedure manual,just an eight-page pamphletthat was never disseminated”to ferry workers. Bisignanonoted that the city’s invoca-tion of the obscure act echoedthat of the owners of the Ti-tanic, who sought to “limit theamount of damages to thevalue of a couple of dozenlifeboats.”

Bisignano accused the cityof “attempting to hide behinda legal loophole in maritimelaw,” for trying to limit its lia-bility payouts to the worth ofthe boat.

“There’s no question thatjustice was served and theright decision was made,” saidBisignano, who scoffed at citycorporation counsel’s claimsthat without a ceiling, future

awards to crash victims couldcost the city $3 billion in dam-ages.

“That’s a gross misrepre-sentation. There’s nothingfurther from the truth thatthat’s the amount of moneythe city will have to dole out,”Bisignano said.

While 119 claims have beensettled to date for a total of$27.6 million — the highestbeing $8.9 million awarded inMarch last year to survivorPaul Esposito, of New Spring-ville, who lost both legs in thecrash — the city’s attorneyshad sought to limit theamount of compensationavailable to the 80-100 re-maining plaintiffs to the Bar-

beri’s assessed value of $14.4million.

But with no cap on liability,the question now is, howmuch?

INDIVIDUAL ASSESSMENTS“This is not a case which

will bankrupt the city,” Bisig-nano said, noting that puttinga dollar amount on any futureawards is impossible.

“You can’t even ballparkit,” he said. “What we wouldhave to do is go to each claim-ant and make an assessmenton an individual basis. Youcan say it will be in the mil-lions, but you can’t say wherein the millions it will be.

“But this decision does

pave the way for these peopleto be properly compensatedwithout a ceiling, and withoutthe city escaping its responsi-bility for this tragedy,” Bisig-nano said.

The 3,300-ton Barberiveered off course andslammed into a maintenancedock when Smith collapsed atthe helm while Capt. MichaelGansas was elsewhere on theboat, a clear violation of stan-dard operating procedurerules detailed in Korman’s de-cision requiring two pilots inthe wheelhouse at the time ofdocking.

Gansas, who has ties to Sta-ten Island and resides inHazlet, N.J., was fired by the

city in November 2003. Smith,a Westerleigh resident ,pleaded guilty to 11 counts ofseaman’s manslaughter inMarch 2006 and was sen-tenced to 18 months in theFederal Medical Center De-vens in Massachusetts.

Yet Cardozo denied thecity’s negligence and laidblame for the disastersquarely at the feet of Smith.

“The accident occurred”because [Smith] took over theoperation and navigation ofthe Ferry, when he was unfitto do so, and did not disclosethat fact to anyone,” Cardozosaid.

“We believe that the Fer-ry’s policies and practiceswere safe on October 15, 2003,as they have been throughoutits hundred-year history,”Cardozo added. “We are con-sidering our appellate op-tions.”

The city has 30 days to ap-peal Korman’s decision.

Maritime counsel James E.Ryan, who worked with Bisig-nano and the plaintiff’s attor-neys countering the city’smaritime lawyers, called thejudge’s ruling “well-written,”legally “lock-tight,” and leav-ing no room for appeal.

The boat belonged to thecity, Ryan reasoned. Andthere was only one pilot in thewheelhouse during dockingwhen both the “1908 rules”and the “1958 rules” clearlystipulated “that a second pilotbe in the pilothouse.” Enforc-ing the rule was cost-free andthe city’s failure to do so con-stituted a breach of the dutyof care owed to the Barberi’spassengers, who entrustedtheir safety to the city,” thejudge wrote.

“It doesn’t take a maritime

expert to figure it out,” Ryansaid.

Some family members ofthe crash victims held a briefconference outside the court-house immediately after theruling was released. KathyHealy of Middletown, N.J.,whose husband, John Healy,was among the 11 who died,said, “This wasn’t just aboutone person passing out be-hind the wheel of the ferry.This was about an entirecrew, an entire department,from the deck hands all theway up to the commissionerof DOT, Iris Weinshall, sim-ply not doing their jobs inproviding a safe travel envi-ronment.”

‘DO WHAT’S RIGHT’“The city should step up to

the plate and do what’s right,”added Mrs. Healy. “If thesepeople worked for a privatecompany, they would havebeen held responsible. ... Thiswas an accident waiting tohappen. And there are nomore excuses.”

Added John Healy’s sister,Patricia Roughan: “If the citydoes file an appeal it will bebecause they are trying tostall things, hoping this willall go away.”

Attorney Sanford Rubin-stein, who served as co-leadcounsel with Bisignano, saidthe judge “did the right thing.”

“Will the mayor do theright thing?” Rubinsteinasked. “Or will it drag on evenlonger with appeals? We hopethe mayor does the right thingand allows these victims tohave their day in court now.”

Jeff Harrell and Judy L. Randall are newsreporters for the Advance. They may bereached at harrell@siadvance.com andrandall@siadvance.com.

PHOTO COURTESY OF NATIONAL TRANSPORTATION SAFETY BOARD

The main deck of the ferryboat Andrew J. Barberi was devastated in the Oct. 15, 2003 crash.

FAMILIES FROM PAGE A 1

Decision soothes the pain, a littleJudge Edward R. Korman inU.S. Eastern District Court isnot about closure or compen-satory damages. It’s about theloss of a loved one.

“It’s a bittersweet day forus,” said the dead man’s sister,Eboni Marshall.

“We relive the loss everyday. We try to get closure, butwe will always have the painand the loss.”

“It was a fair and sound andjust decision,” added Ms. Mar-shall, as Darius Marshall’suncle, Tony Mozone, stoodnext to her after a press con-ference outside the court-house.

“We hope the city willabide by it so that we can allmove on in the right direction.It will help not having tocome to court every couple ofmonths, or speak to the mediaevery couple of months.”

“Justice may not be per-fect,” Ms. Marshall told theAdvance, “but it does help usto move forward.”

Monetary awards aside,said Kathy Healy of New Jer-sey, “nothing will ever re-place” not having her hus-band, John, with her and theirfour children, ages 16, 14, 13and 11.

She said there could be no

compensation for the children“having gone through manymilestones” without their fa-ther.

“Communion, confirma-tions, graduations, playing inthe varsity games, looking forcolleges,” said Mrs. Healy.

Meanwhile, said attorneyAnthony Bisignano, the law-suit against the city “has hadthe result of causing the ferryto be a much safer place.”

“The Staten Island Ferry isa much safer ride now,” hesaid.

Judy L. Randall is a news reporter for theAdvance. She may be reached at rand-all@siadvance.com.

STATEN ISLAND ADVANCE PHOTOS/IRVING SILVERSTEIN

Debra Canini, left, holds an article about her husband, Pio, who died in the crash, and Eboni Marshall, right, whosebrother, Darius, was killed in the accident, speaks to the press. With her is lawyer Sanford A. Rubenstein.

TOMB FROM PAGE A 1

Strange tale of burial box said to be the tomb of JesusAcademy Award for directing“Titanic,” said he was excitedto be associated with the Jesusfilm, which was directed byToronto filmmaker Simcha Ja-cobovici.

“We don’t have any physi-cal record of Jesus’ existence,”

he said. “So what this film ...shows is for the first time tan-gible, physical, archaeologicaland in some cases forensicevidence.”

He said that to a layman’seye “it seemed pretty darncompelling.”

Jacobovici said that a nameon one of the ossuaries —“Mariamene” — offers evi-dence that the tomb is that ofJesus and his family. In earlyChristian texts, “Mariamene”is the name of Mary Magda-lene, he said.

Most Christians believeJesus’ body spent three daysat the site of the Church of theHoly Sepulcher in Jerusalem’sOld City. The burial site iden-tified in Cameron’s documen-tary is in a southern Jerusalemneighborhood nowhere nearthe church.

In 1996, when the BritishBroadcasting Corp. aired ashort documentary on thesame subject, archaeologistschallenged the claims. AmosKloner, the first archaeologistto examine the site, said theidea fails to hold up by ar-chaeological standards butmakes for profitable televi-sion.

“They just want to getmoney for it,” Kloner said.

The film’s claims haveraised the ire of Christianleaders in the Holy Land.

Stephen Pfann, a biblicalscholar at the University ofthe Holy Land in Jerusalemwho was interviewed in thedocumentary, said the film’shypothesis holds little weight.

“I don’t think that Chris-tians are going to buy intothis,” Pfann said. “But skep-tics, in general, would like tosee something that pokesholes into the story that somany people hold dear.”

Jacobovici said the ossua-ries did not initially seem ex-

traordinary because thenames on them were all com-mon.

But the filmmakers hadstatisticians calculate the like-lihood that any other family infirst-century Jerusalem wouldhave had that cluster ofnames.

“The numbers range from 1in 100 to 1 in 1,000 that there issome other family,” said An-drey Feuerverger, a professorof mathematics at the Univer-sity of Toronto.

Osnat Goaz, a spokes-

woman for the Israeli govern-ment agency responsible forarchaeology, said the Antiqui-ties Authority agreed to sendtwo ossuaries to New York,where they were displayed atyesterday’s news conference,“but it doesn’t mean that weagree with” the filmmakers.

The ossuaries do not con-tain any bones. The boneswere reburied after their dis-covery, as is standard practicewith archaeological finds inIsrael.

But Jacobovici said DNAevidence can nonetheless becollected from the boxes. Hesaid DNA analysis has so farproved that Jesus and Maria-mene, the putative Mary Mag-dalene, were not siblings andtherefore could have beenhusband and wife.

“We don’t have any physical record of Jesus’existence. Sowhat this film ... shows is for the firsttime tangible, physical, archaeological and in somecases forensic evidence.”

— Filmmaker Simcha Jacobovici

Serving Staten Island Since 1965

MASTROPIEROSWIMMING

POOLSCUSTOM INGROUND POOLSSERVICE & MAINTENANCE

718-227-9120www.sipooldesign.com

PLATEMAN 718-667-4746AUTO REGISTRATION SERVICES

We Go To Motor Vehicles For You147 NEW DORP LANE