Ftecaw State of New York S£P - 7 ?Nnf

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 4 Irving Place New York, NY 10003

September 7, 2005

Hon. Jaclyn A. Brilling Secretary ftecaw State of New York S£P - 7 ?nnf. Public Service Commission Three Empire State Plaza OP^ Albany, N.Y. 12223-1350 ~"''ANSTft/i-,•m^

Dear Secretary Brilling:

Consolidated Edison Company of New York, Inc. (the "Company") hereby submits proof of newspaper publication in the filing regarding Gas Marketer Capacity Assignment Program, in the form of notarized statements (original and 3 copies) attesting to the publication of the appropriate legal notice, once per week for four consecutive weeks in a newspaper having general circulation in the Company's service area. Attached to each notarized statement is the legal notice for one of the four successive weeks.

Respectfully submitted,

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

By: {%M^LeaM- Christine Colletti Director Rate Engineering Department

Enclosures 16 Dopey - I Mardi Grae fssmal P^^îj^^ u delivery Bodies found ^~ exo is a bust A dope-dealing FedEx in B'klyn apt. IN deliverymanwas busted in aS Brooklyn yesterday — By JOHN DOYLE 01 along with another man — .• and PHILIP MESSING o as he dropped off several t5 packages containing 135 The body of a woman o was found stuffed in a re- MetArts * Crafts • Jewelry • Clothing • InternationalFairs Merchandise & Foods j pounds of marijuana, police said. frigerator and another fe- •u male corpse was discov- Rain or Shine • 10am to 6pm Deliveryman Rudolph ered rotting under a pile Hill, 43, and another man, of laundry next to it in a Douglas Martin, 32, both TH Brooklyn apartment yes- o MONDAY, OCTOBER 10 of Brooklyn, were charged terday, police said. Q. with possession of mari- The landlord and cops juana after cops caught made the find in the ground- O COLUMBUS them with the drugs. floor apartment at 302 Mal- S • Cops waited in front of colm X Boulevard in Bed- z 150 49th St. in Sunset Park ford-Stuyvesant after neigh- DAY FESTIVAL until about 2 p.m. and bors complained of a smeU. spotted Hill double-park "I feel horrified about ***NEW LOCATION*** his FedEx truck alongside what happened," landlord Martin's red Dodge Du- Marvin Odums told The Post yesterday. rango. ON WATER STREET Odums, 42, said he ar- GRISLY: A cop eyes a That's when officers saw rived at the one-bedroom fridge that held a corpse. BETWEEN FULTON & BROAD STREETS Hill hand off the packages apartment at about 11 p.m. A to Martin, police said. Thursday to find it a mess. Cops said they found the SPONSORED BY "We're not sure how The toilet and sink were second body decomposing long this has been happen- broken and a cot lay on under the laundry pile at THE BOWLING GREEN ASSOCIATION ing, but we have [an] indi- the dirty floor, he said. A the foot of the fridge. • cation it's happened in the rotting watermelon and The two women, de- Look for the past," a police official said. pile of laundry sat next to scribed as black and in the refrigerator. their 30s, were still un- Cops said Hill's records "I unclogged the toilet showed that several pack- identified last night. Police and opened doors to let sources said' officials were tMMMPMf ages had been delivered to the air out, but the smell investigating the possibil- several addresses in the didn't go away," he said. •*• ^V ' ^ * booth for exclusive street fair promotions and giyeaways!^ •* 4 ity they were prostitutes. past where nobody lived Odums opened the Cops were also looking -and had been signed for by fridge door. to question the tenant, An- Visit our website @ www.nycstreetfairs.com people who had used "And that's when I saw toine Twitty, 41, last seen bogus names. Joe McGurfc the young lady," he said. at his home Monday night. PUBLIC NOTICE LEGAL NOTICE STATEMENT OF OWNERSHIP, 12. For completion by nonprofit organizations authorized to mail at special rates (Section ' Con Edison Proposes Automatic Netting of Imbalances Program MANAGEMENT AND CIRCULATION For Gas Marketers 423.12 DMM only). The purpose, function and (Required by 39 U.S.C. 3685) nonprofit status of this organization and the Consolidated Edison Company of New York, Inc. ("Con Edison" or "the 1. Title of Publication: New York Post exempt status for Federal income tax purposes (Check one) Not applicable. // Company") filed proposed tariff revisions with the New York State Public 2. Publication No.: 383-200 13. Publication name: New York Post ' ''•] Service Commission (the "Commission") to its Schedule for Gas Service, 3. Date of filing: September 29, 2005 P.S.C. No. 9 - Gas ("Gas Tariff"), that implement an Automatic Netting of 14. Issue date for circulation below: 9/23/05. ' 4. Frequency of issue: Daily, Saturday and Sunday The average number of Actual no. coês Imbalances Program, in compliance with the Commission's Order dated copies of each issue of single ' ~ ' 5. Number of Issues published annually: 365 during the preceding published nearest September 27, 2004 in Case 03-G-1671. These tariff revisions are proposed to 12 months. to filing date:j 6. Annual subscription price: Men.-Sup.: $367.00; become effective on November 6, 2005. 15. Circulation: Daily and Sat.: $315.00; Sunday only: $65.00 !,. rou A Total No. Copies The proposed tariff changes implement an Automatic Netting of 7. Location of Known Office of Publication: (Net Press Run) 846,970 959;i5SP Imbalances program ("the Program") for marketers serving daily-metered 1211 Avenue of the Americas, New York, ' VKoa interruptible or off-peak firm gas transportation customers. The Program is New York, 10036. B. Paid and/or designed as an additional means for such marketers to reduce imbalances 8. Location of Headquarters or General Requested Circulation ..floT and not as a replacement for any existing programs the Company currently Business Office of the Publishers: 1. Mail Subscription f 1211 Avenue of the Americas, N.Y., N.Y., 10036. (Pa/d and/or requested offers. Under the Program, the Company will identify and net imbalances for n the same gas day for two or more marketers using either Daily Balancing 9. The names and addresses of the Publisher, outside-County) 573 'S69 Service or who have elected the same Minimum Delivery percentage Editor, Managing Editor. 3. Sales Through -• Publisher, Paul V. Carlucci, Dealers and Carriers, ("band") of Monthly Balancing Service and will determine the cash-out tiers 1211 Avenue of the Americas, N.Y., N.Y., 10036. to be applied to end-of-month cash-out imbalances for such marketers. Street Vendors and Editor-in-Chief, Col Allan, Counter Sales 598,269 727,020 1211 Avenue of the Americas, N.Y.N.Y, 10036. C. Total paid and/or Con Edison's proposal is subject to review by the Commission and may Executive Editor, Collin Myler, requested circulation be approved, modified, or rejected. A complete copy of this filing may be 1211 Avenue of the Americas, N.Y., N.Y.; 10036. (Sum of 15B1 & 15B2) 598,842 727,589 obtained at any Company office where an application for service can be 10.The owner, {if owned by a corporation, its name made, or at the office of the New York State Public Service Commission, and address, must be stated and also immediately D3. Free distribution ' 90 Church Street, 4th Floor, New York, NY 10007. thereunder the names and addresses of by mail 8 8 CONSOUDATED EDISON COMPANY OF NEW YORK, INC. stockholders owning or holding 1 percent or E. Free distribution more of total amount of stock. If not owned by outside the mail 20,757 22,013 a corporation, the names and addresses of the F. Total Free Distribution 20,765 22,021 Individual owners must be given. If owned by a partnership or other unincorporated firm, Its name G. Total Distribution 619,607 749,610 and address, as well as that of each individual must H. Copies Not Distributed. 227,363 209,549 be given. If the publication is published by a non- I. Total 846,970 959,159 profit organization, its name and address must J. Percentage Paid be stated.) (Item must be completed.) s rinU and/or Requested 1 NYP Holdings, Inc., 1211 Avenue of the Americas, r,'l.T,t Circulation • 96.65%' gôeyo- N.Y., N.Y., 10036, News America, Inc., 1211 Avenue of the Americas, NY, NY 10036. if, io I certify that the statements made by me above, [0jt 11 .The known bondholders, mortgagees, and other are correct and complete. security holders owning or holding 1 percent or more of total amount of bonds, mortgages or Michael.Racano, Vice President, Finance other securities (if there are none, so state.) None. f ; "" ^'-"^ ' t, >i n r.- imr ,r.i 15

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mm • , n iff I.J.J u-arn i^rr-rTTTTTTTrmrrT^m ^^M^TTCT^TE^^^ ^•^3TJ3^3=aE3^M -—^- l^rr-W s^-? ...212-079-2000 ATI_ANT1C AVENUE Downtown BAY PLAZA « 1ZO E. i4«1 SL BBWKPI Jnj A 40t AWMO K KwQ UC. «CBe7fiSQ.._ ». 718-300-0800 gHsSHBES^" URRER EAST SIDE Uo. »102 .at 2-309-1 TOO AlAfertlcfFblbifltiTttiAwnue* mmiiStstsn-TSssiSi'" DEER PARKL.. 031-204-0123 . MB Est SOh SMel BetwMn 2nd A M AMOM ^ oa-i-saa-oioo BAV RIDOE uo. aooooeo.. 71B-T4S-T3€X> B. FOROMAM RD. Uc.«ii27«1*__._^ .7ia-e33-eofx>TIO- ' UPPER WESTT SIDE Uo. 'in B8H 81 Bet DOE & a Hsneor Bc*y. _WOTrtCo>'g»«i»*£R»dhaTiRd.(I»4Twai)2501ttBndConooura» 031-024-02. I3T1 BnaAiay ot 8Glh Stael » 03-I-0S4-09I CMEUBEA Lg. »i IBOQTB :— „.7i B-atia-«4oo RIVERHEAD... 031-727-0000 I 710-377-07-10 • BELJ-NtORE.. •.010-700-4000 STlONY BROOIC, ^010-204-2000 "'"^ " """ "" ••010-206-0700 ' =* -*--* =^- ^^^ ' UEvrrrowN WflESX NEW YORK, N-l,_ J iea A,a a, 1 EDISON 0400 Y^*f K'=^*V ^ « '*A " -^n-«A-Tr»«>-iwii« WOODBRIDGE ...732-700-0200 .-r-, FORESTT HII_1-SLK>-M PARAiN4us.tfS.aiin—a—» ^JZOI -ae2i707e Y l QuMraBM.DGt.7ShRdlTeihAw. _. 073-012-1771 RoxBURY"r.r.iiir."^r.".rj;".".t!r. „. 073-202-3700 RARrTAN —• ... 008-21 8-7BOO I [SI PLUWUkU I H MMUU^WJI ... 073-SaO-OBOO i* and Cn» 9w ^1- *1ttbDlfBMKfiinrSOtf39l«Mf SBHtllCIMmmi lOMQIQn MotftnpOVjRCIfiCOItQndMO0ffnpMRCSIt$CI rt53td» UNION/8PRINOF1EI-D 3DSIDE Uo. #1127430.. v„710*407-7400 DuongsntGroentoimudioMr^(Bfvnoitcotpmotei,clef*ttBwocfcioft.IMIIOMr ORBS t ftf QltCQt jXUBDSW TO iho Eonsodvo otiv Ot CfMefB BM WNI GCttTst SiitwBy «7 Trnkt -. 008-222-7200 State of New York SS; COUNTY OF NEW YORK

il^\. K h W^J^Srf ^A being duly sworn, saysThat he/she/is the principal Clerk of the Publisher of the

New York Post

a daily newspaper of general circulation printed and published in the English language, in the County of New York, State of New York; that advertisement hereto annexed has been regularly published in the said "NEW YORK POST" once, on the

SjUg^KM day of QSrajfr* 2005

Sworn to beforeme this 2 | day of Q QJ 2005

Notary Public BYRON STEVENS Notary Public, State of New Ybrk NO.01ST6117803 QualHIed In New York County Commission Expires November 1,2008 a; POLICE

E o V, o a. c

know why he was in her under arrest and two oth- Queens home, he replied, "I'm ers on the lam, police said. making a delivery" and According to authorities, B An alleged carjacker was then brushed her aside and the 39-year-old victim, arrested yesterday for his 0) strolled out of her apart- whose name was- being Si role in the hijacking and ment. withheld, noticed that o beating of female motorist 1j She quickly alerted her coat disappeared early ye! o in Ridgewood on Monday, , doorman that Baker was on terday and when he com' police sources said. his way downstairs; plained to another resident, >; Bryan Sillasse, of Sunny- •o When Baker arrived in identified as Luis Perez, he side Avenue in Brooklyn, ' the lobby, the doorman was assaulted by Perez and and an unidentified accom- tried to stop him, but he hit two others. 1/) pUce allegedly walked up the doorman and fled emp- Police said the Perez and in to a woman as she was getty-handed. the two other assailants re- O ting into her 2005 Infiniti at Q. He was charged with peatedly punched their vic- 78th Avenue and 158th separate counts of burglary tim in the head and face O Street, and forced her into and robbery and is consid- before Perez pulled out a >- the back seat. ered a suspect in two other knife and took a swing at They then jumped into 0) burglaries in the neighbor- him, but missed. car and sped off — with hood. A sergeant on duty near their frightened victim in the shelter was alerted to the rear. • A 40-year-old bank rob- the skirmish and-grabbed As they headed off, Sil- bery suspect lost his free- Perez, who was arrested lasse's accomphce bashed dom yesterday after he and charged with assault, the woman in the head be- robbed an estimated $5,500 attempted menacing, ha- fore they dumped her out from an Independence Sav- rassment and weapons of the car at the intersec- ings branch in Midtown, possessioa '' tion of Myrtle Avenue and police sources said. The two other men fled Forest Park Drive. Francisco Gomez, of East and are being sought. Tb The woman's car was 206th Street in The Bronx, knife was recovered, polid found abandoned the next allegedly entered the said. day. branch at 550 Fifth Ave. at Adopt-a-Shelter-Dog Day The thieves apparently 4:18 p.m. Thursday. used her ATM card to steal He waited in line, ap- . Staten Island ' money from her bank ac- proached a teller, displayed 11 a.m.-7 p.m. count • a phony gun and de- • A Stapleton man was ASPCA ATM photos helped led manded money, the • busted yesterday after cops www.aspca.org 424 East 92nd Street, NYC the police to Sillasse, who sources said. who were arresting him on was charged with robbery He put the money in a other charges found a half- Pleasecall 212-876-7700, ext. 4120 for more information. assault and possession of backpack and fled south on starved puppy in his care,- stolen property. Fifth Avenue with the bank tied up ancl covered with Police are still searching manager in pursuit. feces and urine. for the second carjacker. The manager called 911 Anthony Miles, 35, of as he spotted the suspect Van Duzer Street was • A 25-year-old St Albans dashing into a delicatessen charged with animal man was shot in the chest on West 45th Street. cruelty and faces up to a www.mentoring.org f and critically wounded Arriving cops found year in jail for neglecting yesterday in his home; po- Gomez cowering in a sec- his eight-month old Lab lice said. ond-floor bathroom, with mix, said ASPCA Special The victim, whose name the money still in his back- Agent Jospeh Pentangeloi was not immediately re- pack. On Oct 4, NYPD cm* . leased, was inside his Gomez,, who has an ar- arrived at Miles homejs®j Kids who have mentors are half',V\\\\Y house on 113th Road at 8:05 rest record for an August arrest him for an outstaiMl as likely to do drugs. Be a mentofCWvVv p.m. on Thursday when he 2003 burglary, is a suspect ing warrant and violation' was shot multiple times in in six other recent bank of an order of protection, Partnership for a Drug-Free America® • '-.Vv*',, the chest' at point blank robberies, sources said. he said. [ range by an unidentified Because he allegedly That's when they found shooter. flashed a weapon, Gomez the friendly pooch, whi The gunman fled the was turned over to mem- they nicknamed Duzel LEGAL NOTICE scene — and poUce bers of the Joint FBI-NYPD tied up in the hallway, s^ri sources said the victim was Bank Robbery Task Force ously underweight, dehy- "uncooperative" and did and faces federal charges drated and filthy. , I , Con Edison Proposes Automatic Netting of Imbalances Program not provide a description in Manhattan federal court, For Gas Marketers of his attacker. the sources added. The victim was rushed to The Bronx Consolidated Edison Company of New York, Inc. ("Con Edison" or "the Mary Immaculate Hospital, Company") filed proposed tariff revisions with the New York State Public where he is listed in seri- Brooklyn • An elderly woman+maj Service Commission (the "Commission") to its Schedule for Gas Service, ous condition. called cops after she dis- • A patrol cop suffered covered anti-Semitic graf- P.S.C. No. 9 - Gas ("Gas Tariff"), that implement an Automatic Netting of minor injuries when he fiti in the hallway of her Imbalances Program, in compliance with the Commission's Order dated Manhattan was struck in East Flatbush apartment and on two of September 27, 2004 in Case 03-G-1671. These tariff revisions are proposed to by a "dollar" commuter her neighbor's doors in • A FedEx courier surren- van that fled the scene, Pelham Parkway early yes- become effective on November 6, 2005. dered to cops yesterday — sources said. terday morning — just The proposed tariff changes implement an Automatic Netting of nearly a month after he al- The officer, who was not after the end or Yom Kip- legedly burglarized a wom- identified, was hit by the pur, the holiest in the Jew- Imbalances program ("the Program") for marketers serving daily-metered an's apartment on the van at about 430 p.m. at ish year, police sources interruptible or off-peak firm gas transportation customers. The Program is Upper East Side, Police the intersection of Caton said sources said. and Flatbush avenues, the The 81-year-old woman designed as an additional means for such marketers to reduce imbalances Royce Baker, 27, of and not as a replacement for any existing programs the Company currently sources added. opened her apartment dooroor Queens, turned himself He was knocked to the on Holland Avenue just" offers. Under the Program, the Company will identify and net imbalances for into detectives at the 19th ground and suffered inju- fore 130 a.m., when she m the same gas day for two or more marketers using either Daily Balancing Precinct in the Sept. 20 ries to his face, but he was ticed swastikas scrawld'led Service or who have elected the same Minimum Delivery percentage break-in. not seriously hurt. He was on the three separate The victim found Baker treated and released at a apartment doors. ("band") of Monthly Balancing Service and will determine the cash-out tiers — in uniform — in her local hospital. She called police, who to be applied to end-of-month cash-out imbalances for such marketers. Bth-floor apartment after described the incident as a she returned from walking • A fight in a city shelter hate crime. . . J Con Edison's proposal is subject to review by the Commission and may her dog. in East New York over a Perry Chiaramonte, PhifyB be approved, modified, or rejected. A complete copy of this filing may be When the woman con- missing jacket left one resi^ Messing, Heidi Singer ahi obtained at any Company office where an application for service can be fronted him, demanding to dent • injured, another Murray Wt&$s made, or at the office of the New York State Public Service Commission, 90 Church Street, 4th Floor, New York, NY 10007. Crime Stoppers offers rewards of up to $2000 for your help in CONSOUDATED EDISON COMPANY OF NEW YORK, INC. solving violent crimes. You don't have to reveal your Identity. Call Crime Stoppers at (800) 577-TIPS. 11

rprisij!0 Beckham: top metro-man z fm. NOW that ubersexual men (macho) are displacing metrosexu- ger s als (hetero but overly groomed), Elizabeth Saltzman, the Van- -< intiis ity Fair fashion editor and author of "The Future of Men," has o ked out, put together a list of the world's top five metrosexuals. The 'd think list, on Men.style.com (online home of GQ.and Details), starts o•o e knew with David Beckham: "There is such a thing as overdressed, (/I out her even if you're three-quarters naked. And David in a sarong C/) rprise will be permanently etched in our brain as just that." Jude PI ith Law: "He excused his infidelity with a counter-attack — Si- day a. enna [Miller] just wasn't fulfilling his needs. He's self-fo- < rtyatCHo. cused, and a lot less strong than we realized." Orlando O Bloom: "It's hard to nail a reason why, but somehow he's just o too pretty." Plus P. Diddy and Robbie Williams. ,sa- X-rated religion oO THE hottest scenes in the Bible, "Heeb"-style, (J1 have been declared too hot for browsers at Barnes & Noble. After Heeb magazine shipped its sex issue, Ingram, the country's largest •D magazine distributor, called the publisher in- O sisting it seal all issues in poly bags before o they would be sent to Barnes & Noble, which o has carried previous issues of. the self-de- 3 scribed "new Jew review" unbagged. In addi- tion to photos of comic Sarah Silverman wearing nothing but a sheet with a hole in it, the fall issue has an 11-page spread of illus- trations reinterpreting Old Testament scenes, including one showing Onan and his brother's wife caught doing what Onan is famous for, and — perhaps most dis- turbing of all — a Cory Feldman center- fold. Stocking up for her move to New York, Jessica Alba buys jeans, shoes, cashmere sweaters and jewelry at Intuition in L.A. ^eople wins baby Britney exclusives of the whole family together — but has p,." •. Thompson hotel ... JIMMY lost outto People magazine. A rep for People de- IjifflltinffS Fallen and Pras of the Fugees OK! magazine paid Demi Moore and Ashton clined comment, but a rep for Spears said, "If this demonstrating their chopstick utcher $3 million for the couple's grainy black is true, they will probably donate the money to WILLIE Nelson, wearing an prowess at Sushi Samba on Sev- d white wedding photos, but the British import charity." Not likely — Federline remains unem- Irish pub T-shirt, lunching at enth Ave. South ... KIM Cat- s lost out in the bidding for Britney Spears' ployed, and his only source of income is the Circo ... MISCHA Barton trail flirting up a storm at the 3aby pictures of Sean Preston Spears Federline. money he and Spears make by selling pictures and hanging out at the newly rede- the Irish Arts Center's gala at K! was said to have offered up to $2 million for videos of themselves. signed Thom Bar at the 60 the New York Athletic Club.

SOLE TO SOUL

Share your heart - and your sole. Bring your new or gently worn shoes, any brand, to our annual Sole to Soul event and we'll give you 20% toward your purchase October 14-23. We'll donate your shoes to a cause with soul, Common Ground, solving homelessness through innovative programs that transform people, buildings and communities.

COLEHAAN

Rockefeller Center j Modison & 61st | Columbus Circle | The Weiichester | Ecs! Hampton Americana Manhasset j Short Hilis 1 The Shops at Riverside j 800 20) 8001

tUAj jlU lOl illiik.L. State of New York SS: COUNTY OF NEW YORK

'/Midtl ^\}dhn&i)y^ being duly sworn, saysThat he/she/is the principal Clerk of the Publisher of the

New York Post

Sworn to beforerne this 2 j day oi Qtf 2005

Notary Public BYRON STEVENS Notary Public, State of NewYbrk NO.01ST6117803 QuaBfied In New York County Commission Expires November 1,2008 !i r POLICE^ 0EPARTMENTI E NYPD DAILY o o a. Nightmare fire >. BLOTTER c

The Bronx, who allegedly tion at Lutheran Hospital. o o Queens raped a 15-year-old in a white minivan with Ohio • A serial swastika- license plates at Topping scrawler has been nabbed Avenue and Mount Eden after video cameras caught 0) snarls subway Parkway, near Claremont him carving his design in O Park, at about 430 p.in. on his own Grayesend apj ment building. By BILL SANDERSON May 4. SMOKED OUT: A month later, on June 3, Police said the HalHa!e 10 A small, smoky fire in a A straphanger Crimes Task Force ap- •a Soils tricked a 12-year-old major Greenwich Village escapes the who'd been walking along proached Hamid Choud- subway station caused big West 4th Street Old Broadway near West hry, 43, of West 2nd Street, headaches for thousands of subway fire that 125th Street in Harlem into after the building owners straphangers during yester- forced the evac- getting into the van. finally caught on film the o day's morning commute. Police said Soils lures the vandal they suspected was Q. The 8 am blaze in the uation of 2,000 riders from trains. victims to his car with behind a spate of anti-Se- .o ceiling of an office and stor- promises of a free cell- mitic graffiti in the area. , age area in the mid-level phone, and, after attacking, Police suspect the video! mezzanine of the West 4th • Police have released a sketch of the man who downplays his actions by shows Choudry in a build-f Street station halted service trying to make it appear ing elevator carving the? on the A B, C, D, E, F and V posed as a law-enforce- ment officer in the botched they had been on a date. swastika on Oct. 10 and 11. I trains. It was 3/2 hours be- Cops busted Soils on Choudry was charged •• fore service was restored to abduction of a York Col- Oct. 7,2004 allegedly as he with criminal mischief and normal. lege student this week. making graffiti. "Small fires in an enclosed Investigators believe the was about to attack yet an- place like this can cause a suspect (above) attacked a other girl, but the.charges • A Hasidic family ob-'; lot of smoke," said NYC 19-year-old woman around were dismissed. serving a religious rite was Transit president Larry 430 p.m. Wednesday as Soils, a native of the Do- pelted with eggs and Reuter, who inspected the she walked home from minican Republic, is taunted with anti-Semiticemitic scene. school along 107th Street in 5-foot-7, weighs 165 pounds remarks by a grou]^ Workers kept the third ^ South Jamaica. and has brown hair and teenagers last night, pipSK rails powered long enough The suspect — a six- brown eyes. ' said. to get eight trains into sta- safer than evacuating them way gratings into the entire foot-tall, 20- to 30-year-old • An armed robber who The 47-year-old man, tions where their 2,000 pas- into train tunnels. neighborhood. man — was wearing a dark allegedly bound, gagged who was not identified, sengers could be safely At around 10 a.m., nearly It was nearly an hour be- blue shirt and pants and a and shot a man during a and his wife and child evacuated. "There were no two hours after the fire fore the fire was quelled blue baseball cap with yel- robbery of a Morris were leaving a Sukkot cele- injuries to employees or broke out, firefighters again. low lettering that read "Fu- Heights apartment was ar- bration on East 2nd Street customers," Reuter said. thought their work was More than 100 firefighters gitive Agency." rested yesterday, police in Borough Park when they Although some passengers done, and restored the responded to the blaze. He jumped out of a blue were attacked. were stuck on their trains said. electricity to the office and Thirteen firefighters were van and asked the victim Nathaniel Potts, 21, of Investigators from the underground for around 40 storage area. hospitalized for smoke inha- for her ID before handcuf- Hate Crimes Task Force minutes, Reuter said waiting But suddenly, the fire East 183rd Street, was ar- lation, said FDNY officials. fing her, tossing her in the rested for allegedly break- said a group of people to unload riders onto station flared up again sending The fire's cause was under van and speeding off. began throwing the eggs platforms was "absolutel/' more smoke through sub- investigatioa ing into the Sherman Ave- The victim managed to nue apartment on and other objects and kick a door open and roll Wednesday and using duct taunting the family with in- into the street as the man tape to bind the 52-year-old sults before they fled. drove away. victim. Strapping guy pinched with 342 bras • The NYPD Identity Potts allegedly shot the Manhattan Theft Squad arrested a man twice in the chest before fleeing the scene. A big bust has left a man for cashing a stolen • A man was arrested yes- prior record, was arrested When asked if he Potts, who has an arrest Queens man with some Sunday after two off-duty planned to sell the bras or $3,206 state welfare check terday after allegedly ad- in Jamaica, police said. record that includes nar- mitting to cops he brutally explaining to do. cops saw him "acting in a had a fetish, Salazar "de- cotics, robbery and assault Ricardo Salazar, 25, is suspicious manner" while nied stealing anything," Lt. Police were able to track stabbed his Lower East the stolen check to Calvin convictions, was charged Side neighbor during an ar- charged with swiping 342 emptying a large J.C. Pen- Richard Cochran said, and with attempted murder bras from a Victoria's Se- ney bag's contents into a claimed "he was here to go Williams, 21, of The Bronx, gument. and criminal possession of Vincent Rogers, S4^fe- cret in Greenwich, Conn. van. There's no J.C. Pen- disco dancing with a who was charged with a weapoa rendered to police slQPg Salazar, who has no ney near the tony town. friend." Rita Delfiner identity theft, grand larceny and criminal posses- The victim is in stable he had stabbed his neigh- condition at Lincoln Hospi- LEGAL NOTICE sion of stolen property. bor in the chest during an Police would not say tal. • argument at about 1 p.m. how Williams was able to Police had responded to Con Edison Proposes Automatic Netting of Imbalances Program steal the check. the same building to find a For Gas Marketers Brooklyn 44-year-old man stabbed three times in his chest, Consolidated Edison Company of New York, Inc. ("Con Edison" or "the The Bronx • A Bensonhurst man was back and hand during an Company") filed proposed tariff revisions with the New York State Public arrested yesterday after attack in a hallway. brutally stabbing his wife Rogers was charged with Service Commission (the "Commission") to its Schedule for Gas Service, during an argument inside criminal possession of a P.S.C. No. 9 - Gas ("Gas Tariff"), that implement an Automatic Netting of their apartment, police weapon and assault. Imbalances Program, in compliance with the Commission's Order dated said. Enrique Jesus, 41, alle- • A SoHo building super- September 27, 2004 in Case 03-G-1671. These tariff revisions are proposed to gedly stabbed his 34-year- intendent was found dead, become effective on November 6, 2005. old wife, Marion, in the the victim of an apparent neck and back during a vi- eight-stoiy plunge, at the The proposed tariff changes implement an Automatic Netting of olent argument Thursday bottom of an elevator shaft. Imbalances program ("the Program") for marketers serving daily-metered in their Bay 26th Street A repairman hired to fix interruptible or off-peak firm gas transportation customers. The Program is apartment. the elevator made the designed as an additional means for such marketers to reduce imbalances Police responded to 911 gruesome discoveryy jtf_2at 2 calls from the apartment p.m., as he began look and not as a replacement for any existing programs the Company currently and found Marion uncon- problems with the eleljleiBR- offers. Under the Program, the Company will identify and net imbalances for • Police have released a scious and severely bleed- at 110 Lafayette St. the same gas day for two or more marketers using either Daily Balancing second photo of a sex fiend ing and Enrique bleeding The 34-year-old vittim, Service or who have elected the same Minimum Delivery percentage who has tried to lure girls profusely from his neck. Raul Perez, was declared Cops believe he stabbed dead when police arrived. ("band") of Monthly Balancing Service and will determine the cash-out tiers into his van before assault- his wife during the fight It was not known how long to be applied to end-of-month cash-out imbalances for such marketers. ing them in attacks in Man- and tried to cut his own Perez was at the bottom of hattan and The Bronx. throat. the shaft. Con Edison's proposal is subject to review by the Commission and may Police are searching for Both were being treated The incident was under b#iapproved, modified, or rejected. A complete copy of this filing may be Leonel Soils (above), 32, of yesterday in stable condi- investigation. Joe McGurk pi)|ained at any Company office where an application for service can be • Inrfefde, or at the office of the New York State Public Service Commission, Crime Stoppers offers rewards of up to $2000 for your help in * 90 Church Street, 4th Floor, New York, NY 10007. solving violent crimes. You don't have to reveal your Identity. CONSOUDATED EDISON COMPANY OF NEW YORK, INC. Call Crime Stoppers at (800) 577-TIPS. 1 ^I Officer's ro S o-< •

anguish T3 P GUILTY OF O to over Ihat 1 Q- d ^e O bad da/ o o ZONGO SLAY w

OFFICER Bryan Conroy 3 gave me a small smile •D and a giant handshake. "It could have been worse," he said moments after his conviction, adding, "The worst, of course, was the tragedy of a lost life. "I wish everyone in judgment of me could have seen what happened that bad day. "I feel so bad for the family but I really want them to know the facts, and I hope they heard the facts during the trial. And right now, I feel bad for my wife, and I feel bad for not being with my brothers on the job as a cop." His father, Arthur Conroy, a mailman from Staten Is- land, said, "The tragedy did not stop with the unfortunate death of Mr. Zongo." "What should a cop do? Hand across his weapon when someone else is con- fused, right or wrong, and then get killed?" Well, Arthur, Bryan would JUDGMENT DAY: Officer Bryan Conroy and wife Nicole arrive yesterday at a Manhattan courthouse, where he was found guilty of never have handed over his killing artisan Ousmane Zongo (top). Zongo's widow, Salimata Sanfo, leaving the court yesterday (above right), praised the verdict. gun. I've been to some funerals when cops didn't even draw their guns. Draw a gun, and Convicted on homicide rap in '03 shooting you get the wrath of the American Civil Liberties Unioa •|ByLAURAITALIANO among the group shouted upon Conroy faces anywhere from pro- "When someone's trying to take Now, to you all out there: I cer Bryan Conroy — the leaving the courthouse. bation to four years' prison when your weapon from you, and your have covered these stories he's sentenced Dec. 2 — had his Lyoung cop who shot an unarmed As they cheered, Conroy, 27, family's faces are passing before since before dental floss was who had remained expressionless fellow cops seething. West African artisan four times, at your eyes, an officer should be al- invented. while hearing his verdict, rushed Conroy was at the Chelsea Mini lowed to defend himself." There is no evidence that least once from behind, in a Chel- past with his saddened family into Storage on a boodeg-DVD raid — sea warehouse — was cleared of The judge found Conroy not Zongo was involved in any a waiting van. disguised in his dad's postal un- guilty of manslaughter in the sec- manslaughter yesterday but found "This will not bring my husband iform — on that May afternoon crookery. And this poor ille- guilty of a less serious charge of ond degree, a charge that would gal alien won't see the Amer- back," Salimata Sanfo told report- when he stumbled on Zongo, who have meant Conroy recklessly homicide. ers, speaking of Zongo, 42, her repaired African masks and drums ican dream, and that's sad. The compromise verdict in the husband with whom she has two in a storage-bin workshop. caused Zongo's death. But let's ruffle the feathers 2003 shooting, rendered by Man- children back in their native Bur- Conroy has maintained since his Instead, the judge found Conroy of the judges of political cor- hattan Supreme Court Justice kina Faso. arrest that although Zongo was guilty of criminally neghgent rectness. Would you want to Robert Straus, led to cries of joy "But now I will go back to Af- obviously unarmed, the West Af- homicide. be a white cop responsible from victim Ousmane Zongo's rica," said the widow, whose robes rican inexplicably lunged at his The first trial ended in mistrial for killing a black perp? family and supporters, a dozen of beneath her coat were red, white service weapon. in March with the jury voting 10-2 Even suggesting it isn't po- whom had been somber, steadfast and blue. "And I will tell everyone "This judge was wrong," Pa- for conviction. litically incorrect. But put presences throughout two crimi- that justice can be obtained in the trolmen's Benevolent Association This time around, the defense your hand across your heart nal trials. United States." President Patrick Lynch said of opted for a bench trial, meaning and tell me it isn't the truth. "Victory for Zongo!" several But the verdict — for which yesterday's verdict there's no jury. Janet had secret love kid: ex-kin By LEELA de KRETSER During an interview on close, real tight," Young De- knowledge her, the uncle Jackson was just 18 when Janet Jackson's former Hot 97, Young said the busty Barge said. "No one really said. she and James DeBarge brother-in-law made a star and his brother — a' for- knew how it was working "I think there's a little de- hooked up. in 1984. Their bombshell claim on a hip- mer member of another Mo- out until things kind of sur- spondence," DeBarge said marriage was annulled the hop radio station yesterday town family act — are the faced." when asked about Renee's next year. — the sexy siren has a secret parents of "Renee," a daugh- Janet Jackson's rep Patti feelings for Jacksoa The ~ couple eloped Sffi^ 18-year-old daughter. ter sent away in shame to Webster didn't deny the "She hasn't really revealed family furor over their'fKI- The stunning allegation live with the eldest of the fa- claim yesterday, only saying that, but I'm sure that there's tionship, but the mamalM^ came from Young DeBarge, mous Jackson siblings, Reb- the singer didn't wish to some feelings there. It's only was annulled in March, 19851, ' a. whose brother James De- bie. comment. And the young natural that you wonder with DeBarge's drug h&BUE JANET JACKSON Barge was briefly married to "James and the Jackson woman is not happy about about what is and how it's cited as the reason fdrJ&fe "Daughter" now 18. Jackson, now 39, in the 1980s. family kept everything real her star mom's refusal to ac- come to be that way." split V'WP State of New York SS: COUNTY OF NEW YORK

ttx K jd WW^S* ^ being duly sworn, sayslhat he/she/is the principal Clerk of the Publisher of the

New York Post

Sworn to before me this 31 day of (^ (^T 2005 (?

Notary Public BYRON STEVENS Notary Public, State of NewVbrk NO.01ST6117803 Qualified In New York County Commission Expires November 1,2008 \

NYPD DAILY BLOTTER

as about 5-foot-2, 130 called police when the Manfiattan pounds, with brown hair 40-year-old man arrived, and eyes and a birth mark and detectives later 9 Police are seeking two on her neck She was last learned Sininsky and her men responsible for sev- seen wearing a beige husband had been fighting eral gunpoint robberies of jacket, blue jeans, a black for hours at their 215th pedestrians in the Gra- belt and yellow boots. Place apartment, where ^^ I mercy Park area — and Myran was described as allegedly plunged a kitcl^B several robberies later that about 5-foot-2,120 pounds, knife into his stomach. ^^ I day in Forest Hills, Queens. with brown eyes and hair. Sininsky was charged Police said the two with assault and criminal robbed at least six people possession of a weapoa by sneaking up on them, ^Jrookjyn Cops said her husband was flashing a gun and de- in stable condition after manding cash before flee- M A bank teller was surgery to close his wound. caught allegedly handing ing in a white Chevy van. HA recruit from the New The first robbery took out $6,000 to two friends who posed as customers at York Police Academy was place Monday at 4 am arrested yesterday after near 16th Street and Union a Mill Basin bank where he worked. she was caught with drugs, Square West, when one of Charles Zamian, 22, alle- police said. the suspects put a silver gedly made two separate Yahaira Castillo was ar- semi-automatic handgun in $3,000 withdrawals from rested inside her Queens the face of a 58-year-old the JP Morgan Chase home with an unspecified man while his accomplice branch at 1987 Flatbush type and amount of narcot- rifled through the victim's Ave. and gave the cash to ics, police said. pockets and made off with his friends, who police said Castillo's case was re- his wallet yesterday weren't even ferred to the NYPD's Inter- About 20 minutes later, bank customers. nal Affairs Bureau. the pair used the same set- Authorities said Zamian up on a 38-year-old man was caught on bank sur- near 25 W. 18th St. veillance cameras, making Staten Islai About three hours later, the withdrawals for the H A New Jersey woman near South Greenway Road two female accomplices was arrested yesterday for in Queens, they robbed a who used fake checks to allegedly swindling 54-year-old man. Only 3 get the cash. $300,000 out of the coffers minutes later, they ap- Special Frauds Squad de- of a condominium devel- proached a 75-year-old tectives charged Zamian at opment where she was mail at Bow Street and 71st his Brooklyn Heights apart- once an official, police said. Avenue and stole his wal- ment Thursday with third- Patricia Messana, 61, of let and jewelry — and then degree grand larceny. Perth Amboy, former pres- robbed a 24-year-old man H A Sheepshead Bay man ident of the Woodmont who happened upon the was arrested yesterday for Homeowners Association stick-up. lying to cops about a self- in Granlteville, allegedly One of the suspects was inflicted gunshot wound pilfered the cash from Jan- taped by a nearby surveil- that led them on a brief uary 2002 until she was lance camera during one of hunt for the person he said fired in October 2004. the robberies, but police shot him, police said. She was suspected of said victims described both Police eventually real- taking checks from the as- men as about 25 years old, sociation, making them ized that Charles Tabona, payable to cash, and depos- 6 feet tall with light brown 21, of Avenue X in Grave- or red hair. iting them in her own ac- send, shot himself yester- count, police said. day at 6 p.m., and told cops The association's board a wild story about being of directors discovered the The Bronx the victim of an intruder fraudulent expenses when they responded to a the books didn't ac call of shots fired at an and Messana was unallaBJFto > Avenue W apartment. provide information that Police who interviewed any project bills had been Tabona at Kings County paid. Hospital were quickly able A police investigation re- to surmise that he had shot vealed hundreds of individ- Con Edison Proposes Automatic Netting of Imbalances Program f ^ . «*- himself in the leg and was ( ual checks ranging be- For Gas Marketers lying to avoid Ulegal-gun tween $100 to $5,000 .) charges. payable to Messana on the Consolidated Edison Company of New York, Inc. ("Con Edison" or "the He was charged with association checkbooks.' Company") filed proposed tariff revisions with the New York State Public 0 ^ criminal possession of a Messana surrendered to Service Commission (the "Commission") to its Schedule for Gas Service, weapon, as well as reckless police yesterday morning P.S.C. No. 9 - Gas ("Gas Tariff"), that implement an Automatic Netting of endangerment and filing a and was charged with sec- •*? ' * ^ false police report. ond-degree larceny. Imbalances Program, in compliance with the Commission's Order dated • Police are asking for the September 27, 2004 in Case 03-G-1671. These tariff revisions are proposed to public's assistance in locat- • A store security guard become effective on November 6, 2005. ing two girls who disap- Queens nabbed a teenager who allegedly walked out of a peared leaving their Morris • A Bayside woman who The proposed tariff changes implement an Automatic Netting of Heights apartment Richmond Hill department drove her bleeding and un- store with stolen jewelry Imbalances program ("the Program") for marketers serving daily-metered Police said the sisters-in- conscious husband to an law, Christina Salgado tucked inside Ms hat, po- interruptible or off-peak firm gas transportation customers. The Program is emergency room yesterday lice said yesterday. ^^ (above), 12, and Myran was arrested — for alle- designed as an additional means for such marketers to reduce imbalances Flores, 23, left their apart- Martin Oviedo, l^^Bis and not as a replacement for any existing programs the Company currently gedly stabbing him during caught as he allegedl^Bred ment at 125 Marcy Place an earlier dispute. to walk out of Mac^s yes- offers. Under the Program, the Company will identify and net imbalances for last Saturday at 7 p.m. to Police said Erica Si- terday with five pairs of the same gas day for two or more marketers using either Daily Balancing go to a store, and never re- ninsky, 27, was arrested in gold earrings stuffed inside Service or who have elected the same Minimum Delivery percentage turned home.. the North Shore General his black knit cap. ("band") of Monthly Balancing Service and will determine the cash-out tiers "It's unusual that they Hospital emergency room Oviedo was stopped at have been missing, but we at about 6 a.m. after she about 3 p.m. Thursday, and to be applied to end-of-month cash-out imbalances for such marketers. have no suspicion of foul brought her husband in for held by security guards ^ play yet," a police spokes- treatment of a severe stab until police arrived. "Re Con Edison's proposal is subject to review by the Commission and may man said. wound in the stomach. was charged with petit lar- be approved, modified, or rejected. A complete copy of this filing may be Christina was described Nurses at the hospital ceny. JoeMcGurk obtained at any Company office where an application for service can be made, or at the office of the New York State Public Service Commission, it 90 Church Street, 4th Floor, New York, NY 10007. CONSOUDATED EDISON COMPANY OF NEW YORK, INC. 13

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in DAY FOR GIANTS Q. o CTo fD

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Mara's children remembered their dad with a moving message included in the funeral program. " 'The Duke,' may have been the face of the NFL, but to his fainily he was Dad or Pop-Pop," it read. "He was a man of deep religious conviction who showed us the importance of faith, family, football and friends. We were privileged to have him as our father. He was our hero. We will miss him every day for the rest of our lives." TljMMthedral also swelled with such past Gia^Hb Phil Simms, Harry Carson, Mark Bava^ind Phil McConkey. clothes to practice year after year. Many pointed out that Mara's decision in Jack. Jack was 22 and Wellington only 14 at The crowd of mourners included NFL "When we changed our logo several years the early 1960s to share television revenue the time. Commissioner Paul Tagliabue and Hall of ago on our helmets and went back to our with the rest of the league helped create By age 20, Wellington was the full- Fame coach John Madden. traditional 'NV after 25 years, he broke out parity and turn the NFL into America's most fledged general manager. During his sto- Mara's eldest son, John, brought the cathe- the old shirts and said, 'I knew they would popular and lucrative sports league. ried career, Mara's Giants recorded the sec- come back,'" joked the younger Mara, the By dividing the huge amounts of money dral to tears by recalling his father's last ond-most postseason appearances — 26 — words to him after deciding to leave the team's executive vice president. available in the massive New York media haspital and return home to Rye for his final Bill Parcells, who won two Super Bowls as market with teams from Pittsburgh to Green in league history. They also won 18 NFL di- days. coach for Mara's Giants, arrived with his - Bay, Mara did what was best for the league, visional tides and six NFL championships, 'Til be there when you get there," he re- new boss, Dallas Cowboy owner Jerry Jones. they said. including Super Bowls XXI and XXV. called his father saying, referring to heaven. Following the service, past and present Gi- Mara has been tied to the Giants ever Wellington Mara was elected to the Pro But John Mara's touching tribute also ants stood quietly outside the church as the since becoming a ball boy for his father Football Hall of Fame in 1997. brought moments of laughter, particularly casket was loaded into a hearse. A horse- Tim's team at age 9. He became the owner wheflJie fondly spoke about his father's pas- drawn carriage then led a funeral procession of the team in 1930, when his dad handed it sion Tor wearing the same worn-out team as the sound of bagpipes filled Fifth Avenue. over to him and his now-deceased brother, More in Sports / P. 74, 76-77 State of New York SS; COUNTY OF NEW YORK

LEGAL NOTICE

Con Edison Proposes Gas Marketer Capacity Assignment Program being duly sworn. Consolidated Edison Company of New York, Inc. ("Con Edison" or "the says that he/she is the principal Clerk of the Publisher of the Company") filed proposed tariff revisions with the New York State Public Service Commission (the "Commission") to its Schedule for Gas Service P.S.C. No. 9 - Gas ("Gas. Tariff"), that implement a Marketer assignment program, m compliance with the Commission's Order dated September 27, 2004 in Case 03-G-1671. Subject to Commission review and approval, these New York Post tariff revisions are proposed to become effective on August 1, 2005. ' The proposed tariff changes implement a Marketer assignment program pursuant to which the Company would have the right to use or acquire a daily newspaper of general circulation printed and pipeline capacity and/or capacity bundled with commodity ("bundled sales published in the English language, in the County of gas") relied on by Marketers to satisfy the Commission's primary point New York, State of New York; that advertisement delivery requirement, in the event, inter alia, a Marketer defaults or hereto annexed has been regularly published in the discontinues service for all or part of its firm Customer requirements Marketers electing to meet their primary point obligations with pipeline said "NEW YORK POST" once, on the capacity other than capacity released by the Company and/or bundled gas will be required to provide the Company assignment rights through written %lStlZ.Z1 dayof JM/U 2005 agreements among the Company, the Marketer, the Marketer's third party supplier and/or the pipeline, as applicable, in order to be eligible to serve firm Customers on the Company's system. The purpose of this program is to replicate the capacity recall rights available to the Company when it X' releases pipeline capacity from its capacity portfolio to Marketers to serve their firm Customers. All else being equal, the Company should have a greater opportunity to reduce its capacity portfolio as Customers migrate if Marketers acquire long-term firm primary delivery point pipeline capacity and the Company has rights to use or acquire that capacity in the event of a Marketer's default. Absent such rights, the Company must rely on other capacity to maintain reliability. Con Edison's proposal is subject to review by the Commission and may be approved, modified, or rejected. A complete copy of this filing may be obtained at any Company office where an application for service can be made, or at the office of the New York State Public Service Commission 90 Church Street, 4th Floor, New York, NY 10007. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

Sworn to before me this/ Jc^ day of

Notary Public BYRON STEVENS Notary Public, State of New York No. 01ST6117803 Qualified in New York County Commission Expires November 1,2008 State of New York SS; COUNTY OF NEW YORK

Mo Um Jdfl&ifrn being duly sworn, says that he/she is the principal Clerk of the Publisher of the

LEGAL NOTICE Con Edison Proposes Gas Mariieter Capacity Assignment Program New York Post Consolidated Edison Company of New York, Inc. ("Con Edison" or "the Company") filed proposed tariff revisions" with the New York State Public Service Commission (the "Commission") to its Schedule for Gas Service, P.S.C: No. 9 - Gas ("Gas Tariff"), that implement a Marketer assignment a daily newspaper of general circulation printed and program, in; compliance with the Commission's Order dated September 2.7, published in the English language, in the County of 2004 in Case 03-G-1671. Subject to Commission review and approval, these New York, State of New York; that advertisement tariff revisions are proposed to become effective on August 1, 2005. hereto annexed has been regularly published in the The proposed tariff changes implement a Marketer assignment program, said "NEW YORK POST" once, on the pursuant to which the Company would'have the right to use or acquire pipeline capacity and/or capacity bundled with commodity ("bundled sales 8^ /£,£&, ^f day of JWM 2005 gas") relied on by Marketers to satisfy the Commission's primary point delivery requirement, in the event, inter alia, a Marketer defaults or discontinues service for all or part of its firm Customer requirements. Marketers'electing to meet their primary point obligations with pipeline capacity other than capacity released by the Company and/or bundled gas will be required to provide the Company assignment rights through written agreements among the Company, the Marketer, the Marketer's third party supplier and/or the pipeline, as applicable, In order to be eligible to serve firm Customers on the Company's system. The purpose of this program is to replicate the capacity recall rights available to the Company when it releases pipeline capacity from its capacity portfolio to Marketers to serve their firm Customers. All else being equal, the Company should have a greater opportunity to rediuce its capacity portfolio as Customers migrate if Marketers acquire long-term firm primary delivery point pipeline capacity and the Company has rights to use or acquire that capacity in the event of a Marketer's defaujt. Absent such rights, the Company must rely on other capacity to maintain reliability. Con Edison's proposal is subject to review by the Commission and may be approved, modified, or rejected. A.complete copy of this filing may be obtained at any Company office where an application for service can be made, or at the office of the New York State Public Service Commission, .90 Church Street, 4th Floor, New York, NY 10007. ^ - . CONSOLIDATED EDISQNCOMPANY OF NEW YORK, INC. 7/f Sworn to before me this/ Ijt^ day of -i^L 2005

Notary Public BYRON STEVENS Notary Public, State of New York No. 01ST6117803 Qualified in New York County Commission Expires November 1, 2008 State of New York SS; COUNTY OF NEW YORK

being duly sworn, says that he/shejis the principal Clerk of the Publisher of the

LEGAL NOTICE

Con Edison Proposes Gas Mariieter Capacity Assignment Program New York Post Consolidated Edison Company of New York, Inc. ("Con Edison" or "the Company") filed proposed tariff revisions'vyith the New York State Public Service Commission (the "Commission") to its Schedule for Gas Service, a daily newspaper of general circulation printed and P.S.C. No. 9 - Gas ("Gas Tariff"), that implement a Marketer assignment published in the English language, in the County of program, in: compliance with the Commission's Order dated September 27, New York, State of New York; that advertisement 2004 in Case 03-G-1671. Subject to Commission review and approval, these hereto annexed has been regularly published in the tariff revisions are proposed to become effective on August 1, 2005. . ; said "NEW YORK POST" once, on the The proposed tariff changes Implement a Marketer assignment program, pursuant to which the Company would'have the right to use or acquire Sp^A^li. day of __^w4 .2005 pipeline capacity and/or capacity bundled with commodity ("bundled sales gas") relied on by Marketers to satisfy the Commission's primary point delfvery requirement, in the event, inter alia, a Marketer defaults or discontinues service for all or part of its firm Customer requirements. Marketers electing to meet their primary- point obligations with pipeline capacity other than capacity released by the Company and/or bundled gas , will be required to provide the Company assignment rights through written agreements among the Company, the Marketer, the Marketer's third party supplier and/or the pipeline, as applicable, in order to be eligible to serve firm Customers On the Company's system. The purpose of this program is to replicate the capacity recall rights available to the Company when it releases pipeline capacity from its capacity portfolio to Marketers to serve their firm Customers/All else being equal, the Company should have a greater opportunity to reduce its capacity portfolio as Customers migrate if Marketers acquire long-term firm primary delivery point pipeline capacity and the Company has rights to use or acquire that capacity in the event of a Marketer's default. Absent such rights, the Company must rely on other capacity to maintain reliability. Con Edison's proposal is subject to review by the Commission and may be approved, modified, or rejected. A complete copy of this filing may be obtained at any Company office where an application for service can be made, or at the office of the New York State Public Service Commission, 90 Church Street, 4th Floor, New York, NY 10007. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. Sworn to before me this/ IJt^ 6ayoi^£y 2005

Notary Public BYRON STEVENS Notary Public, State of New York No. 01ST6117803 Qualified in New York County commission Expires November 1 2008 State of New York SS: COUNTY OF NEW YORK

being duly sworn, says that he/she is the principal Clerk of the Publisher of the

LEGAL NOTICE New York Post Con Mison Proposes Gas M^keter Capacity Assignment Program Consolidated Edison Company of New York, Inc. ("Con Edison" or "the a daily newspaper of general circulation printed and Company") filed proposed tariff revisions-with the New York State Public Service Commission (the "Commission") to its Schedule for Gas Service, published in the English language, in the County of P.S.C. No. 9 - Gas ("Gas Tariff"), that implement a Marketer assignment New York, State of New York; that advertisement program, in compliance with the Commission's Order dated September 27, hereto annexed has been regularly published in the 2004 in Case 03-G-l671. Subject to Commission review and approval, these said "NEW YORK POST" once, on the tariff revisions are proposed to become effective on August 1, 2005. The proposed tariff changes implement a Mairketer assignment program, j^/S^g., E? dayof CTJAL 2005 pursuant to which the Company would'have the right to use or acquire pipeline capacity and/or capacity bundled with commodity ("bundled sales gas") relied on by Marketers to satisfy the Commission's primary point dehVery requirement, in the event, inter alia, a Marketer defaults or discontinues service for all or part of its firm Customer requirements. Marketers'electing to meet their primary point obligations with pipeline capacity other than capacity released by the Company and/or bundled gas , will be required to provide the Company assignment rights through written agreements among the Company, the Marketer, the Marketer's third party supplier and/or the pipeline, as applicable, in order to be eligible to serve firm Customers oh the Company's system. The purpose of this program is to replicate the capacity recall rights available to the Company when it releases pipeline capacity from its capacity portfolio to Marketers to serve their firm Customers. All else being equal, the Company should have a greater opportunity to reduce its capacity portfolio as Customers migrate if Marketers acquire long-term firm primary delivery point pipeline capacity and the Company has rights to use or acquire that capacity in the event of a Marketer's default. Absent such rights, the Company must rely on other capacity to maintain reliability. . Con Edison's proposal is.subject to review by the.Commission and may be approved, modified, or rejected. A complete copy of this filing may <3^_ be obtained at any Company office where an application for service can be made, or at the office of the New York State Public Service Commission, . 90 Church Street, 4th Floor, New York, NY 10007. Sworn to before me thisf FT day <*°f ^i^L 2005 CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

Notary Public BYRON STEVENS Notary Public, State of New York NO.01ST6117803 Qualified in New York County commission Expires November 1 2008 38

••'.;-"• o u o Q. LBO firms are » >. C ui hunting deals 13 •a ByERICMOSKOWITZ vate equity firms have a maker private. Wall Street's barbarians ton of money and they As more money flows o are back, and they are have to spend it," said into these firms, higher a. more numerous and richer Danielle Fugazy, editor of competition is leading to than before. Buyouts magazine. bidding wars. Maytag, for o Blackstone Group just example, has received a >• SunGard Data Systems shareholders Wednesday received commitments for bid from buyout firm Rip- approved the largest lev- a new buyout fund of $12.5 plewood Holdings and eraged buyout since the billion — the biggest ever. publicly-traded Whirlpool. RJR Nabisco takeover in Goldman Sachs and the Wall Street titan Sandy Carlyle Group raised an- Weill, who announced 1989, which inspired the » book "Barbarians at the other $8 billion each for Wednesday that he would Gate." two other buyout funds. remain as Citigroup chair- SunGard's shareholder "This rise has been man until his April 2006 approval paves the way driven by the increasingly retirement, said he is look- for -the company, which large war chest controlled ing to assemble a private handles 70 percent of Nas- by private equity funds," equity firm when he daq's trades, to be taken said Edward Tom, a deriv- leaves the New York bank. private for $11.3 billion by atives analyst at Credit Companies are increas- *•'•"' a consortium of seven lev- Suisse First Boston in a re- ingly receptive to buyout eraged buyout firms. cent report. deals because of the po- Kohlberg, Kravis Rob- Potential takeover candi- tential for higher profita- erts, one of the seven, paid dates include Albertson's, bility. A a record $31 billion for RJR Safeway, and Pier 1 Im- By going private they Nabisco 16 years ago. ports, said Tom. can avoid the scrutiny of Buyout firms did $148 Dunkin Donuts and short-term orientated in- billion of acquisitions dur- Hertz Corp.. owned by vestors. ing the first half of 2005, Ford Motor Co., also are Investors also are bet- almost 65 percent more being contacted by private ting that targeted compa- than in 2004, according to equity firms, and Kraft is nies can provide positive J ^ Bloomberg. rumored to be attracting returns. -,*« And the pillaging has attention, according to Fu- The rationale is that pri- only begun, say analysts gazy. vate equity funds — flush and LBO watchers. Toys-R-Us just closed with dollars — often pay -»**-"-.. "'2' "All the stars are on its $6.6 billion deal in cash while public com- aligned: The banks are with three LBO firms to panies prefer to use stock, lending at low rates, pri- take the struggling toy- said Tom.

LEGAL NOTICE NOWir PITCHING: Wild-haired Red Sox star Johnny Damon is Joseph Ab- boud's latest celebrity endorser from the world of sports. Getty Images Con Edison Proposes Gas Marketer Capacity Assignment Program Consolidated Edison Company of New York, Inc. ("Con Edison" or "the Company") filed proposed tariff revisions with the New York State Public Damon's designer Sox appeal Service Commission (the "Commission") to its Schedule for Gas Service, P.S.C. No. 9 - Gas ("Gas Tariff"), that implement a Marketer assignment By SUZANNE KAPNER Damon in a forthcoming marketing and program, in compliance with the Commission's Order dated September 27, Boston Red Sox slugger Johnny Damon advertising campaign, the details of which have yet to be finalized. 2004 in Case 03-G-1671. Subject to Commission review and approval, these is the latest athlete to sign on as a celeb- Under new Chief Executive Marty tariff revisions are proposed to become effective on August 1, 2005. rity endorser of Joseph Abboud. Staff, Joseph Abboud has been updating Damon, the Red Sox all-star center its image and moving away from the The proposed tariff changes implement a Marketer assignment program, fielder, joins other famous celebrity classic, country club looks that were its pursuant to which the Company would have the right to use or acquire pitchmen who have-recently signed with hallmark in favor of an edgier appear- pipeline capacity and/or capacity bundled with commodity ("bundled sales Joseph Abboud, including the New York ance. Disagreements over the brand's di- Knicks' Stephon Marbury and the New rection led to the departure of designer gas") relied on by Marketers to satisfy the Commission's primary point York Giants' Jeremy Shockey. Joseph Abboud earlier this year. delivery requirement, In the event, inter alia, a Marketer defaults or As part of his contract, Damon will Staff said Damon embodies the classic discontinues service for all or part of its firm Customer requirements. wear Joseph Abboud to public appear- Joseph Abboud man. "Women love him Marketers electing to meet their primary point obligations with pipeline ances. Discussions are also under way and men would love to be like him," capacity other than capacity released by the Company and/or bundled gas regarding the possibility of featuring Staff said. will be required to provide the Company assignment rights through written agreements among the Company, the Marketer, the Marketer's third party Brokers; Need a 1800s bldg. supplier and/or the pipeline, as applicable, in order to be eligible to serve quality firm Customers on the Company's system. The purpose of this program Is " Home on the block to replicate the capacity recall rights available to the Company when it pre-owned releases pipeline capacity from its capacity portfolio to Marketers to serve By LOIS WEISS their firm Customers. All else being equal, the Company should have a car? The white, 1896-era greater opportunity to reduce its capacity portfolio as Customers migrate if Beaux Arts building at 620 Avenue of the Americas Marketers acquire long-term firm primary delivery point pipeline capacity could become a $300 mil- and the Company has rights to use or acquire that capacity in the event of lion redevelopment play.y- a Marketer's default. Absent such rights, the Company must rely on other /f When New Yorkers The Atlanta-based James- town group, which invesivests^B capacity to maintain reliability. vf5 think about an Toyota Siena 01' investment property 47K , pwr win/locks/steering, cruise. for German pensioners,;, has^K Certified 6 yr-100,000 mile warranty hired investment Con Edison's proposal is subject to review by the Commission and in Miami, they @, StX#UT2349 $15,995 go to The Post. J? Douglas Harmon of Eastdil may be approved, modified, or rejected. A complete copy of this filing riiay 1-877-99-AUTOMALL to market the approxi- Beatriz Parga be obtained at any Company office where an application for service can be Jeanne Baker Realty mately 650,000-foot prop- made, or at the office of the New York State Public Service Commission, CHECK OUT THE erty, REFI has reported. ' ' 90 Church Street, 4th Floor, New York, NY 10007. Real Estate The full-block building in Saturday's NEWYORKPOST stretches to Seventh Ave- CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. nue between 18th and 19th NEWYORKPOST CLASSIFEDS TODAY! streets. 37 FEDERATED 2 . O

•Q.

MULLS LOT O o By SUZANNE KAPNER has closed laggard stores. tn The future of Lord & Analysts said the real Taylor, the upscale de- test of the turnaround will come this fall, the first •<3 partment store that ca- •D tered to the carriage trade time a • year-over-year O sales comparison can be in its heyday but has more n recently fallen on hard made of the newly formu- o times, remained uncertain lated merchandise. NAME: Dinesh Dalmla yesterday, following an Some observers remain Dinesh Dalmia, an SEX: MALE announcement that did skeptical that the changes (Hi) DATE OF BIRTH: 4 July 1961 will do much to halt the Indian financier on (iv) PUCE OF BIRTH: Cateutta, West Bengal. India little to quell speculation long-term slide of the Interpol's "wanted" (v) LANGUAGE SPOKEN: Hindi, English, Bengali that the business could (vQ NATIONALITY: Indian (conflrmed) soon be for sale. brand. list, is soaking up the "What does Lord & Tay- PHYSICAL DESCRIPTION Federated Department good life in an upscale Stores will inherit Lord & lor mean today?" said HEIGHT: N/A Taylor as part of its acqui- Dana Cohen, an analyst home in New Jersey. COLOUR OF EYES: Dark with Banc of America Se- COLOUR OF HAIR: Black sition of the May Depart- curities. "It doesn't have DISTINGUISHING MARKS: Balding, articulate, well dressed ment Stores Company, a the power and cachet it CHARACTERISTIC: deal that has kept Seventh OFFENSES: Criminal Conspiracy, Cheating, once did." Avenue tongues wagging Interpol Web site, Fraudulent conveisaUon; L&T SHOPPER Nor does it have the Fraudulent use of forged over the future of the vari- earnings power of other including such offenses documents; falsification of ous chains within the May Future not rosy. accounts May Company divisions. as criminal conspiracy If you have any information, please contact your national or local poIlM empire. Cohen estimates that Lord and forgery Some of those rumors Of Lord & Taylor, which & Taylor's operating mar- were set to rest yesterday, operates mainly in the gins are half those of its when Federated an- Northeast, Federated said corporate parent. nounced plans to convert only that it had no plans to If Lord & Taylor's turn- 330 of May's regional de- convert it to the Macy's around has been slow in Interpol-sought financier partment stores, names brand, essentially leaving coming, much of the like Famous-Barr, Filene's open other possibilities blame rests with Gene and Foley's, to its Macy's that include a partial or Kahn, May's former CEO, brand. full-scale sale of the divi- who resigned in January, A further 68 stores, in- sion. industry observers said. finds quiet life in Jersey cluding 41 May stores and Lord & Taylor is in the "Lord & Taylor needed a trading in the shares of a Nasdaq-listed company 27 Federated stores, will fifth year of a turnaround facelift and that costs computer company Dal- called The A Consulting be sold to eliminate over- under Chief Executive money," said Harry Ber- |MlllHWj mia controlled called Team Inc., thereby giving lapping locations in the Jane Elfers that has at- nard of Colton Bernard. DSQ.Software Ltd. the Dalmia-linked shell same malls. tempted to regain some of "Jane was fighting an up- Still under consideration the brand's polished hill battle, and she got no By CHRISTOPHER BYRON Last week the Indian au- company control for the thorities announced plans first time over a publicly is what to do with Mar- image. Middle market la- corporate support." An Indian businessman to install a new five-mem- traded U.S. company. shall Field's, the upscale bels like Liz Claiborne Jim Sluzewski, a Feder- involved in a failed effort ber panel of government- In response, lawyers department store that May have been dropped in ated spokesman, would to negotiate a germ-war- appointed overseers for claiming to represent All acquired in June 2004, favor of more upscale, ed- say only that the company fare deal with Iraq is liv- the company. Serve declared that Dal- which has a strong pres- gier names like Nanette is continuing to study ing in a posh New Jersey As The Post began ex- mia has no involvement ence in the Midwest. Lepore and the company Lord & Taylor. mansion. clusively reporting in the with All Serve and de- Neighbors in Fort Lee's U.S. two years ago, Dal- manded a retraction. elegant Euclid Road mia fled India after evi- But Verizon telephone neighborhood said they dence surfaced that the records for New Jersey didn't know much about assets of DSQ, Software's list the only phone num- Morgan Stanley to ax 1,000 the mysterious Indian U.S. subsidiary. All Serve ber for the Euclid Road couple who moved in two Systems Corp., were address in Fort Lee as be- By RODDY BOYD ing down the hiring of investor group, currently at years ago. transferred to an offshore longing to All Serve Sys- rookie brokers, to 1,000 12 percent, place it fourth "Beats me who they Morgan Stanley will shell company in the Brit- tems Corp. dump roughly 1,000 of its next year from 2,400 this among major brokers. are," said a neighbor, who ish Virgin Islands. Last week, yet more year. Cruz wrote that the The memo also said that gave her name as Tova. The Post has since re- legal firepower weighed 10,000 stockbrokers in a "They just keep to them- shake-up of its slumping in- reduction placed the firm's Ray Harris, the veteran ported that Dalmia there- in on the Dalmia matter headcount "more in line deputy of departing IIG selves." after used the shell in an when a Washington, D.C., dividual investor group, The resident is a attempt to resell the as- criminal defense lawyer according to an internal with our peers." head John Schaefer, is tak- 44-year-old financier sets to a company headed demanded a retraction by memo. A smaller rookie class ing over the unit until a named Dinesh Dalmia — by a Greenwich, Conn., The Post, saying that Dal- Morgan Stanley President isn't the only change in search can be completed who tried to set up a financier named Christo- mia is actually a respected Zoe Cruz released a memo store, however. for a permanent replace- germ-warfare deal with pher Sinclair. individual. yesterday addressing the , Heads will roll, according ment. Iraq' following the terror- That company. Scan- According to the law- problems that have plagued to Cruz, as the memo said A Morgan spokesman ist attacks of 9/11 — and is dent Group Ltd., has a yer, an Indian court had its retail stock brokerage 10 percent of the firm's said that the changes had now ducking a worldwide blue chip list of backers, thrown out the arrest unit, long one of the firm's 10,438 brokers would be re- nothing to do with the ap- "wanted" alert from Inter- including billionaire phi- warrant against Dalmia weakest performers. leased for performance is- pointment of John Mack as pol for unrelated matters. lanthropist Edgar Bronf- "nearly a year ago" and As reported initially in sues. chairman and CEO, and had Dalmia is accused of man and his son, Edgar Interpol had dropped the The Post, the memo con- Morgan's pretax profit been in the works for many fleeing India to avoid an- Jr., who runs Warner matter as well and re- firmed that Morgan is slow- margins for its individual months. swering questions regard-' Music Group. Sinclair has moved Dalmia's mug shot ing his role in a huge declined several requests and related information stock-market fraud that for interviews. from its Web site. began on the Calcutta Earlier this month The In fact, as of yesterday Trader beware WiFi pirates' hooks Stock Exchange four Post reported that a pri- the official Interpol Web years ago and has now vately held North Bruns- site for India, maintained By PAUL THARP ers without detection. They can tap into al- spread to the Nasdaq. wick, N.J., computer com- by India's Central Bureau Don't make trades on your wireless com- most any WiFi network and lift personal The Dalmias purchased pany called Vanguard of Investigation, contin- puter unless you know how to shoot down information and even transfer holdings their neo-Tudor mansion Info-Solutions Inc. had re- ues to list the "arrest on a new breed of high-tech pirates tracking- into their own hands. situated on a cliff over- cently been acquired by sight" alert against Dal- your accounts, warns the NASD. What alarms regulators is that online looking the Hudson River an offshore shell company mia, unchanged. In a frightening formal memorandum traders often invite thieves to their own for $2.52 million in No- linked to Dalmia. "If he returns to India yesterday, the NASD warned that day trad- WiFi muggings by being careless, such as vember of 2003 after au- The report further dis- he'll be arrested," said a ers and even brokerages, particularly by failing to shut off wireless hookups or thorities in Calcutta closed that Vanguard was Calcutta police investiga- smaller ones, are being targeted by savvy failing to remove a wireless network card began zeroing in on fishy now set to merge with a tor in the case. thieves with skills to raid wireless comput- while the computer is unattended. 40 Fed rates If s not brain surgery to riseL minutel WASHINGTON — Even Cramer: You don't after a yearlong rate-raising campaign. Federal Re- serve policymakers at their meeting in late June 5" have to be nuts said short-term rates were T3 still too low and needed to move higher to keep infla- By SAM GUSTIN "Panic is bad," Cramer tion at'bay. O told The Post, "but some Q. "Mad Money" maniac "Additional tightening Jim Cramer is calling a re- fear is a natural response would probably be neces- cent study claiming brain- to the lunacy of the mar- sary but views differed on damaged investors are ket. When I've been most the amount of tightening more successful "me- fearless is when I've made that would likely be re- shugga." some of the worst choices, quired to keep, inflation The study, conducted by because I think I'm super- contained," according; to researchers from Carnegie human." minutes released yeststo^ Mellon University, Stan- Cramer said that fear in day of the Fed's most' ford, and the University of and of itself is not bad; cent meeting, held Ji Iowa, and published last what matters is how you 29-30. month in the journal Psy- deal with it. Rising energy prices aira chological Science, found "I don't want to go out- a possible pickup in labor that people with damage side the Green Zone in. costs threatened to fan in- to the part of their brain Baghdad," said the peripa- flation, the minutes said. that controls emotion tetic stock picker. "Does At the June meeting, the were more likely to take that make me fearful, or Fed boosted its key short- risks because they experi- smart? Sometimes fear' term interest, called the ence less fear. keeps me from making bad federal funds rate, by one- More risks translate into decisions." quarter percentage point more rewards, the study The study seemed to to 3.25 percent. It marked found. suggest that with the the ninth increase of that Cramer, a former Gold- brain's ability to produce size since the Fed em- man Sachs trader, hedge fear-impaired, individuals barked on its campaign to fund manager and current could think more ration- tighten credit in June host of "Mad Money" on ally. 2004. CNBC, acknowledged that But Cramer, who cham- Before that series of rate. too much emotion can pions rationality despite increases started, the cloud rational decision- the fact that he begins funds rate stood at a making, but he disputed every "Mad Money" by 46-year low of 1 percent. the notion that a lack of being led into the studio in The funds rate is the inter- fear makes for a better in- a straitjacket, said, "Some- est that banks charge each vestor and branded the times fear is very ra- other on overnight loans study "pop psychology." tional." and is the Fed's primary' tool for influencing eco- LEGAL NOTICE nomic activity. The insights revealed by Con Edison Proposes Gas Marketer Capacity Assignment Program Wal-Mart toot suit the Fed minutes were consistent with the message Consolidated Edison Company of New York, Inc. ("Con Edison" or "the A former Wal-Mart of misappropriating com- that Federal Reserve Company") filed proposed tariff revisions with the New York State Public Stores Inc. vice president pany funds. Chairman Alan Greenspan said in a lawsuit filed yes- Wal-Mart told the Labor delivered to Capitol Hill Service Commission (the "Commission") to its Schedule for Gas Service, on Wednesday and again terday that the company Department this month that P.S.C. No. 9 - Gas ("Gas Tariff"), that implement a Marketer assignment falsely accused him of yesterday. That is, interest program, in compliance with the Commission's Order dated September 27, "Bowen's purported 'whis- rates will keep going up in fraud after he filed a whis- tle-blowing* was a calcu- 2004 in Case 03-G-1671. Subject to Commission review and approval, these tle-blower complaint. an effort to make sure in- lated attempt to divert sus- flation and the economy tariff revisions are proposed to become effective on August 1, 2005. The former executive, picion from himself." Jared Bowen, 31, said Wal- remain on an even keel Bowen sued Wal-Mart for The proposed tariff changes implement a Marketer assignment program, Mart defamed him on a Economists expect ai company Web page in re- defamation in state court in other quarter-point i pursuant to which the Company would have the right to use or acquire sponse to a complaint he Arkansas yesterday be- crease to come at the Fed pipeline capacity and/or capacity bundled with commodity ("bundled sales fUed in May with the U.S. cause the company put the next meeting, Aug. 9. A'^ gas") relied on by Marketers to satisfy the. Commission's primary point Labor Department. Bowen statement on its Web page, delivery requirement, in the event, inter alia, a Marketer defaults or said in that complaint that "thereby broadcasting its ^ he was fired after aiding spurious and false allega- discontinues service for all or part of its firm Customer requirements. Wal-Mart's probe of Vice tions to the public in gen- Marketers electing to meet their primary point obligations with pipeline Chairman Thomas Cough- eral," the suit said. MSN Web capacity other than capacity released by the Company and/or bundled gas lin, who was later accused Bloomberg will be required to provide the Company assignment rights through written agreements among the Company, the Marketer, the Marketer's third party Brokers Need use drops supplier and/or the pipeline, as applicable, in order to be eligible to serve Microsoft Corp.'s MSN, firm Customers on the Company's system. The purpose of this program is Home a quality the No. 3 U.S. Internet to replicate the capacity recall rights available to the Company when it search engine, had a 4 per- releases pipeline capacity from its capacity portfolio to Marketers to serve pre-owned cent decrease in usage in their firm Customers. All else being equal, the Company should have a 1971 the second quarter, market greater opportunity

e uo o .^a. c CNOOC raises bid China's oil giant offers $19B for Unocal deal

3 By PAUL THARP to do the deal, say indus- Wall Street is expecting try sources. a war with China — fought If the offer collapses, T3 with billions, not bullets. CNOOC would fork over China's government-run $2.5 billion in a break-up PURCELL oil company is ready to fee to Unocal sharehold- Had his fill. oin ers, and has put the cash in .a. hike its cash bid — for,the second time — to buy Un- escrow as a show of good faith to win over Unocal no ocal Corp., one of Ameri- ca's largest oil companies, shareholders. Phil plots sources say. Unocal's board was set Politicians in Washing- to review the China offer ton meanwhile turned up in a private session yester- the heat to block China's day. $40M sate attempt to take over the In past weeks, the board has said it would stick company, calling it a with Chevron's lower threat to America's secu- offer, but some investors of stool* rity. think things could change. By RODDY BOYD ^^T Some Wall Street inves- Chevron hasn't shown tors see the deal as just any interest yet in hiking Deposed Morgan Stanley business, since most inves- its bid, but the pressure Chief Executive Phil Pilr- tors tend to applaud any could mount for a higher cell filed last week to .sell kind of bidding war be- bid as Unocal's sharehold- over $40 million worth of cause they can reap profits ers prepare to vote Aug. 10 the stock, according to Se- just on betting which way on a deal. curities and Exchange the deal might go. Since CNOOC an- Commission documents. , Chevron wants to buy nounced its bid-for Unocal The SEC papers indicate rival Unocal for a lower three weeks ago, its stock Purcell registered 762,448 price, or about $16.5 billion has jumped nearly 19 per- shares for sale, a little over in cash and stock — or cent. one-fifth of his 3.5 million $60.65 a share — and has To offset some of the shares. Major Morgan tentatively won backing outrage in Washington shareholders have been from the Unocal board, at over China's bold reach least for now. railing about the financial for an American oil com- windfall Purcell got on the China's oil company, pany, the Chinese oil com- CNOOC Ltd., had already pany has agreed to make way out of the Wall Street upped its original bid to guarantees it can meet all giant. $185 billion —* or $67 a U.S. national security-re- Morgan Stanley did not share — and is prepared to lated requirements and comment on the 'filing. offer a higher $69 a share sell its U.S. assets if re- Bloomberg News quoted or about a total $19 billion quired, sources say. LOOKING WEST: Chinese oil men are pulling out the stops in the Unocal bid. AP Alan Johnson, an executive compensation special1 ist, as saying that given his LEGAL NOTICE departure as CEO, it didn't Swiss kiss to 156 William make sense for Purcell to Con Edison Proposes Gas Marketer Capacity Assignment Program have "all his chips in.one By LOIS WEISS from a Swiss pension fund," basket." Johnson also said Consolidated Edison Company of New York, Inc. ("Con Edison" or "the A group of Swiss pension said Ben Korman, the "K" that Purcell might have Company") filed proposed tariff revisions with the New York State Public funds is banking 156 Wil- in C&K. He and "C," part- done the sale for tax purposes and estate planning! liam St. this week for $40.75 ner, Meir Cohen, bought Service Commission (the "Commission") to its Schedule for Gas Service, Both Purcell and one! of million. the building on the corner P.S.C. No. 9 - Gas ("Gas Tariff"), that implement a Marketer assignment of Ann St. five years ago. his closest lieutenants, for- program, in compliance with the Commission's Order dated September 27, The ' 217,000-foot U- mer Co-President Stephen shaped building was being According to CoStar Group 2004 in Case 03-G-1671. Subject to Commission review and approval, these data, both the city and state Crawford, left the fif^n purchased by the Swiss with some of the mpst tariff revisions are proposed to become effective on August 1, 2005. pension fund investment are among its tenants and asking rent is a "negotiable" eye-popping "goldenden consortium AFIAA as its handshakes" in rece;':6jit The proposed tariff changes implement a Marketer assignment program, first city investment. Brian $30 a foot for the available spaces. Wall Street memory. pursuant to which the Company would have the right to use or acquire Ezratty led the Eastern Purcell received a pipeline capacity and/or capacity bundled with commodity ("bundled sales Consolidated team market- "We are sticking with the million cash payml ing the white-brick, 1955-era office buildings and, while m gas") relied on by Marketers to satisfy the Commission's primary point which could go higB delivery requirement, in the event, inter alia, a Marketer defaults or building for sellers C&K we are not targeting resi- should Morgan eclipse last discontinues service for all or part of its firm Customer requirements. Properties. Paul Chester at dential, we are looking for year's profits. Crawford, the PC Williamson Group both," said Cohen of a re- who served as Co-Presi- Marketers electing to meet their primary point obligations with pipeline brought in the buyer. placement. The closing was dent for just three months, capacity other than capacity released by the Company and/or bundled gas "We got. a tempting offer still under way yesterday. received $32 million. Will be required to provide the Company assignment rights through written agreements among the Company, the Marketer, the Marketer's third party Brokers Need a quality supplier and/or the pipeline, as applicable, in order to be eligible to serve No canoodle firm Customers on the Company's system. The purpose of this program is Home pre-owned to replicate the capacity recall rights available to the Company when it for Google releases pipeline capacity from its capacity portfolio to Marketers to serve Did you hear the one their firm Customers. All else being equal, the Company should have a Mercedes Benz 2002 about the Wall Street anal- greater opportunity to reduce its capacity portfolio as Customers migrate if C230 Komp yst raising his price target Marketers acquire long-term firm primary delivery point pipeline capacity Blue/Ash, 21K, New for Google by 27 percent — and the Company has rights to use or acquire that capacity in the event of to $350 a share — only to • I ran 6 ads In NYP Car Trade! have investors yawn? a Marketer's default. Absent such rights, the Company must rely on other % Home and within Absolutely Perf Cond! It was no joke yesten capacity to maintain reliability. a few days all Stock#u2063 $18,995-CERT1FIE0 after Lehman Brothi 6 properties A Douglas Anmuth did j| Con Edison's proposal is subject to review by the Commission and were sold. ^ Silver Star Motors that based on expectatkJIoar may be approved, modified, or rejected. A complete copy of this filing may Susan Fishman the tech darling's earnings The "faubner Fishman Group 718-361-2332 per share for the year,.\vUl be obtained at any Company office where an application for service can be Douglas Elllman made, or at the office of the New York State Public Service Commission, CHECK OUT THE reach $5.53 — up from pre- 90 Church Street, 4th Floor, New York, NY 10007. Real Estate vious estimates of $5.47; '^ in Saturday's NEWYORKPOST Google shares closed at CONSOUDATED EDISON COMPANY OF NEW YORK, INC. $300.89, up $2.03. NEWYORKPOST CLASSIFEDS TODAY! Richard Wilner 35 Corporate punishment Cjc-ad exec Shona SeKert's first prison nieal is humble pie - writing a code of conduct for her former profession. MUSIC BIG o in Sk o n a s Co d e. o^Condcot / w/'u not cheat ma cmifts Q.

/unWtot cie,at ttta die >< f u/m not ck&at mur - QUITS tvj f u/iic not cheat m> ByTIMARANGO a key role in the concep- SonyBMG's Michael tion and integration of So- ^ /mff/totche-at J Smellie, the No. 2 execu- nyBMG and for this I am :< tive at the music giant, is very grateful. o i coiu not ckea stepping down. The Post "I am genuinely pleased £ has learned. ,. that this is not a good-bye, o Smellie, SonyBMG's but rather the beginning of ^ /m'iinotch chief operating officer, has a new chapter in our rela- opted to leave to return tionship." / ti/iffnot ch home to Australia, where Evan though his title is his family resides, sources COO, Smellia's main re- said. sponsibilities at SonyBMG /wiff note Ji Smellie had the same are overseeing the compa- it title at BMG prior to the ny's international opera- / tuiffno' 2004 merger with Sony tions — its U.S. music Music. While at BMG he business is overseen by essentially ran the day-to- execs Clive Davis and day operations of tha com- Donnie lenner. pany for then-chief Rolf Smellie is regarded as a Schmidt-Holtz. Smellie be- MICHAEL SMELLIE talented exec known for came almost invisible to Steps down. his low-key personality in tha public following tha an industry known for its blockbuster merger. . make the announcement outsized characters. Smellie, who-reports to today. He joined BMG in 1993 SonyBMG boss Andy Lack, In a note, obtained by as managing director for Shona will remain on the. job Tha Post, which will be BMG Australia, rising to Seifert until the end of the year . sent to employees today, become COO in 2001. leaving while the company Lack writes: "For personal Prior to working for court searches for a replace- reasons ha has decided to BMG, Smellie held posts at yesterday ment. After that, he'll stay return to Sydney so ha can PolyGram, the Dutch on as a consultant. spend more time with his music company that be- The company plans to family. Michael has played came Universal Music. Judge hits Ogiivy exec with Citigroup's $50M lire' wall ByPAULTHARP money-laundering scheme terday by Bloomberg, $125G fine, 18 mos. in jail Citigroup is lavishing $50 flourished at Citigroup's would likely give him a an- million in investment "play Japanese offices, causing a nual management fee of $1 firestorm and the eventual million, plus a chance to :,.., By HOLLY M. SANDERS Judge Barman said the ously lax and sloppy. money" on an executive it punishment fit the crime, Judge - Berman initially fired for a scandal that got government shutdown of earn as much as '20 percent - Former Ogiivy & of all the profits made on adding that "this case is set a due date of Oct. 15, Citigroup barred from Citigroup's private banking "Mather executive Shona doing its private banking in operation there. his investment picks, if any. ^Seifert was assigned to about slippage in ethics." but changed it when Sei- Seifert and another execu- fert's attorney, Gregory Japan. As head of money man- Jones, who was a seven- •write a "code of conduct" tive were convicted in Craig, asked for more The bizarre perk for agement operations, Jones year veteran at Citigroup, for the ad industry — February of conspiring to time to complete the as- Thomas W. Jones, 56, puz- was responsible for the Jap- said he's putting $11 million ^'aside from serving jail overbill the U.S. Office of signment. zled professional investors, anese offices and was one of his own money into the 'time and paying a hefty National Drug Control Seifert received a longer but Citigroup sidestepped of three top Citigroup exec- fund and expects returns of fine — for her role in policy by directing staff to jail term and a bigger fine all questions about its deal. utives fired over the scan- 30 percent, more than dou- heating the government falsify their timesheets. than her colleague and co- Citigroup handed over dal, which cost Citigroup ble the industry average. In a national anti-drug The judge said the conspirator even though $50 million cash to Jones as $244 million. Jones also owns $23.6 mil- jampaign. ethics code should help they were convicted on the sole outside investor in "Why they would give lion in Citigroup stock. The unusual ethics send the message to Mad- the same charges. Thomas his new hedge fund, TWJ $50 million to one of the "My sense is that Jonas i. exercise was ordered yes- ison Avenue that it can no Early, who appeared be- Capital, although Jones guys responsible is beyond was essentially a sacrificial terday by U.S. District longer be cavalier when it fore Berman on Wednes- doesn't have much of a me," Jon Bumham, head of lamb," said Gary Goldstein, Judge Richard Barman in comes to billing clients. day, got 14 months and a track record in the rough- New York-based Bumham head of Whitney Group Manhattan federal court. During the trial, Seifert $10,000 fine. and-tumble world of hedge Securities, told Bloomberg. LLC, a Wall Street recruit- Seifert, 44, was also sen- testified that the ad indus- Yesterday, Seifert broke funds. "It's going to take a lot for ing firm. "So in parting tenced to 18 months in jail try — filled with "crea- down in tears as she read Jonas was booted six them to live Japan down." company, as an expression and slapped with a tive" types who disdain from a statement in which months ago by Citigroup The quiet deal with Jones, of goodwill, they agreed to $125,000 fine. paperwork — is notori- she expressed her regret. chief Chuck Pnnce after a which was disclosed yes- help fund his start-up."

Easy money Dow Jones Auto demand helps drive strong June retail sales industrial average U.S. retail sales rose more than The Standard & Poor's 500 in dealer sales in more than a serve, "growth has remained so forecast in June and consumer Stock Index rose 3.21 points, or year. A drop in energy prices, strong in the U.S. economy that prices steadied as the American 0.26 percent. The yield on the which have since rebounded, also they'll continue to raise interest economy • accelerated without benchmark 10-year Treasury note cuirbed the price index last month. rates so we don't see any future •crating inflation, gained 2 basis points, or 0.02 per- Summer heat spurred sales of sea- inflationary pressures." etail purchases surged 1.7 percentage point, to 4.17 percent. sonal goods such as barbecue Economists predicted a 0.2 per- t in June, helped by demand The Dow Jones industrial aver- griUs, lounge chairs and light- cent gain in the consumer price autos, the Commerce Depart- weight clothing. index, based on the median esti- ment said in Washington. The re- age gained 71.50 to 10,628.89. The "Retail demand is very, very mate of 73 economists surveyed Nasdaq composite rose 8.71 to ^(ul.t,exceeded the highest estimate strong and the economy is grow- by Bloomberg News, while retail 'pj^a,.Bloomberg News economist 2,152.82. ing at a very nice clip," said Mark sales were expected to increase 1 !$ry6y. The consumer price index Bigger discounts by automakers Lay, chairman of MDL Capital percent. Consumer prices exclud- was unchanged last month after a such as General Motors Corp. Management in Pittsburgh, which ing food and energy rose 0.1 per- 0.1 percent drop in May, the Labor helped restrain prices last month invests $3 billion in fixed income cent in June, half the median fore- 'Department said. and spurred the biggest increase securities. For the Federal Re- cast. Bloomberg y"-"-^5""**, - anted

in o o CM 00 ^. 3 in poker deal n) •a By RICHARD WILNER based WPT said late yes- Poker icon Doyle terday that the company Brunson may be playing did, indeed, receive an in offer. o for the biggest pot of his a. life: the entire World Steven Lipscomb, presi- Poker Tour. dent of WPT, through the o Brunson, 71, said yester- spokeswoman, said "We day he and a team of fin- do not feel [the offer] is ancial backers have reflective of the true value launched a $700 million of World Poker Tour En- cash offer to purchase terprises. We will share it with the board of direc- WPT Enterprises, which tors. We look forward to owns the popular World hearing what they have to Poker Tour. say." The unsolicited bid is a The World Poker Tour 100 percent premium over is a ratings hit on the WPT's close yesterday at Travel Channel, was out $17.75. of the office an unavail- But details of the bid are able for comment. sketchy. WPT went public on Brunson, in Las Vegas BRUNSON Aug. 4, 2004, at $8 a share where he is playing in the Big play. and quickly rose to a high ' World Series of Poker, of $24.40 last month. was long on plans on what ring to a press release put The World Poker Tour he wpuld, do with the out by'his New York pub- is credited with helping • property if the takeover licist that contained as few further spread interest in was successful but was a details about the deal as card-playing among all bit short on details of the did Brunson. precincts of Americans. offer itself. An assistant to Brunson For example, there is He .confessed yesterday refused to identify the now The World Series of to knowing little about the backers. She said the Poker on ESPN, dozens of timing of the bid or if it group's lawyer, Chaka poker cruises, a new poker was truly submitted. Henry, of the Las Vegas show to debut on CBS, Ce- In fact, he was surprised law firm of Goodman & lebrity Poker Showdown when a reporter told him Chesnoff, FedEx'd the on Bravo, Casino Royale it was an all-cash deal. offer to WPT on July 6. on the Game Show Net- "Well, if that is what it A spokeswoman for work and Poker Super- REBOUND: Kobe Bryant, on the court and In ad (inset), is a poster boy, once says," Brunson said, refer- West Hollywood, Calif.- stars on Fox. again. EPA. LEGAL NOTICE Kobe Bryant leaps back Con Edison Proposes Gas Marketer Capacity Assignment Program Consolidated Edison Company of New York, Inc. ("Con Edison" or "the Company") filed proposed tariff revisions with the New York State Public in new Nike promotion Service Commission (the "Commission") to its Schedule for Gas Service, P.S.C. No. 9 - Gas ("Gas Tariff"), that implement a Marketer assignment By BILL HOFFMANN Kobe's endorsement deals being pulled, program, in compliance with the Commission's Order dated September 27, Two years after his arrest on a sexual which cost him millions of dollars. assault charge, Kobe Bryant has leaped The sex charge was dropped last Sep-)- 2004 in Case 03-G-1671. Subject to Commission review and approval, these back into the endorsement game.. tember after his accuser said she no tariff revisions are proposed to become effective on August 1, 2005. The Los Angeles Lakers star is fea- longer wanted to participate in the case tured in a two-page Nike advertisement and she and Bryant reached an updis-I The proposed tariff changes implement a Marketer assignment program, in the new issue of Sports Illustrated. closed settlement in a civil lawsuit shq pursuant to which the Company would have the right to use or acquire It's the first time the hoops legend has filed against him. pipeline capacity and/or capacity bundled with commodity ("bundled sales been seen in any ads since his bust in At the time of the incident, some adi July 2003 stemming from the alleged at- vertising analysts said Bryant could be*e^F gas") relied on by Marketers to. satisfy the Commission's primary point tack on a 19-year-old Colorado hotel em- •finished as a major endorsement figure delivery requirement, in the event, inter alia, a Marketer defaults or ployee. At the time, Kobe admitted he'd whether he was innocent or not. discontinues service for all or part of its firm Customer requirements. had sex with the teen, but insisted it was But the new Nike ad, featuring a stark Marketers electing to meet their primary point obligations with pipeline consensual. close-up of the athlete's face, proves that capacity other than capacity released by the Company and/or bundled gas But the lurid allegations had all of the taint on Bryant's name has lifted. will be required to provide the Company assignment rights through written agreements among the Company, the Marketer, the Marketer's third party Brokers Need a quality supplier and/or the pipeline, as applicable, in order to be eligible to serve Downloads firm Customers on the Company's system. The purpose of this program is Home pre-owned to replicate the capacity recall rights available to the Company when it car? hit CD sales releases pipeline capacity from its capacity portfolio to Marketers to serve Music albums sold in the 2004 CADILLAC CTS their firm Customers. All else being equal, the Company should have a Gray, Leather. Power steering/ U.S. declined 2.5 percent to greater opportunity to reduce its capacity portfolio as Customers migrate if brakes/door locks/windows/seats. 301.2 million in the first half am/frn, cassette, A/C, tilt cruise of 2005 as the rising num- Marketers acquire long-term firm primary delivery point pipeline capacity control, driver side air bag, climate control, passenger side air bag, ber of songs downloaded and the Company has rights to use or acquire that capacity in the event of front bucket seats, woodgrain dash, over the Internet failed to When New Yorkers warranty. 17k mi. a Marketer's default. Absent such rights, the Company must rely on other StOCkMKSSO. $27,995 counter the decline in coi capacity to maintain reliability. think about an pact disc sales. investment property 800-644-0805 The albums sold ,coi Con Edison's proposal is subject to review by the Commission and in Miami, they A ^4 .icJil&jfti.ilii pared with 309 million go to The Post ^ year earlier, market'-,1 tre- may be approved, modified, or rejected. A complete copy of this filing may Beatriz Parga CADILLAC • HUMMER searcher Nielsen ^tjnd- be obtained at any Company office where an application for service can be Jeanne Baker Realty Scan said yesterday .in an e- made, or at the office of the New York State Public Service Commission, CHECK OUT THE mailed statement. Exclud- ,90 Church Street, 4th Floor, New York, NY 10007. Real Estate ing songs bought by 'do\vn- in Saturday's NEWYORKPOST load, the number oralbtims CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. sold slumped 6.7 percent. NEWYORKPOST CLASSIFEDS TODAY! Bloomberg ^.*li5s 45

z s $44M FAREWELL o•< Purcell not leaving Morgan empty-handed o•o a. By RODDY BOYD justed either up or down by the dif- the filing that raised the eyebrows of Morgan watchers. Phil Purcell might have been ference between the firm's 2004 and The 8-K said that the firm reached shoved out at Morgan Stanley 2005 pretax profit. The filing said it was payable in an agreement with co-president Ste- against his will, but the former chief phen Crawford to pay him a min- M has 44 million reasons to leave the January of 2006 and 2007.> SHOPPERS It also said Purcell would receive imum of $16 million a year. firm's Times Square headquarters a Also receiving a lush employment Riding high.' happy man. $250,000 annually for the rest of his life, as well as a grant of $250,000 to agreement was CFO David Sidwell, Morgan awarded its deposed chief who was .guaranteed $10.5 million. >< executive almost $44 million in cash be directed to the charity of his •a choice. Specifically left off the list was co- o for retiring, according to a Securities president Zoe Cruz. "The company sought with these Retailers' and Exchange Commission 8-K filing Cruz and Crawford's elevation to o yesterday. agreements to be fair, appropriate to the co-president slot by Purcell in 3 The filing offered no justification the circumstances and consistent late March set off the internal politi- for the move by the firm's board. with past practice," a Morgan Stan- cal explosion that led to Purcell's ;ay sales The windfall will be on top of ley spokeswoman said. ouster on June 30. $63.2 million in deferred pay and A spokesman for the so-called One Morgan watcher described stock.awards Purcell is eligible to Group of Eight, the former senior the wording of the Crawford and receive:' executives instrumental in deposing Sidwell agreements as "being pretty ip5.3% The firm's filing also noted that Purcell, declined comment. neatly crafted to allow their late au- PURCELL the fmal^ampunt might vary, ad- There were other components of tumn departures." U.S. retailers from Wal- Big package Mart Stores Inc. to Nord- strom Inc. posted their biggest sales gain in 13 months in June as warmer weather and job growth spurred purchases of air condition- Spifzer will re-try Sihpol on 4 charges ers and summer clothing. & Sales at stores open at least a year jumped 5.3 per- By RICHARD WILNER viewed the Sihpol case as cent, the International Lawyers for former Bank selective prosecution. ^ Council of Shopping Cen- of America broker Ted Other, higher-ranking ters said yesterday, as most Sihpol ripped i^romey Bank of America execu- chains beat analysts' esti- General Eliot Spitzer yes- tives copped pleas, ad- 'mates. J.C. Penney Co., the terday after the prosecutor ; mitted no wrongdoing, second-largest department- said he would re^ry Sih- paid fines and walked free. store chain, and No. 2 dis- pol on the four remaining counter Target Corp. Sihpol faced 30 years in late-trading charges. the clink boosted profit forecasts "It's an odd response .after their sales climbed. under the circumstance to A Spitzer spokesman June sales outpaced the bring another trial," said seemed to signal that the 3.5 percent" monthly aver- Paul Shechtman outside AG never interpreted the age this year as increases in the courtroom after the jury verdict and post-trial wages and hiring blunted conference, noting jurors, comments as a- signal to . the impact of high gasoline after finding Sihpol not drop the case. prices. Wal-Mart, the guilty on 29 counts, dead- "It's quite common for world's largest merchant, locked on four other had its biggest gain in more prosecutors to go back to than a year. Specialty counts after voting ll-to-l trial on a case where there chains including Abercrom- to acquit. was no decision on some bie 8?, Fitch Co. led apparel "The attorney general, of the charges," Spitzer retailers for a sixth month after being handed an spokesman Marc Violette n^lned by the warmest June overwhelming loss, seems said. ihtnree years. intent on spending even more taxpayer dollars to "We think Sihpol is "Consumer spending con- guilty, that he violated tmiies to be strong because criminalize behavior that good employment num- has never been considered New York law and harmed " good income num- criminal," said Barry •investors in New York, and we're going to pursue rs," said Todd Jones of Felder, another member of iladelphia-based PNC the Sihpol defense team. the matter," he added. Advisors, which manages Upon the jury verdict on Sihpol is accused of $50 billion, including Wal- June 9, Judge James Yates helping billionaire Eddie Mart shares. "The weather declared a mistrial on the Stem's hedge fund trade patterns shaped up to drive four counts. mutual fund shares after 4 sales pretty strongly." Since then, many on p.m. Sihpol admitted the Wal-Mart had a 4.5 per- Wall Street were watching cent sales gain, higher than behavior but denied an in- to see whether Spitzer tent to defraud. its 4 percent forecast. July would pursue a second sales will climb 3 percent to trial on those felony Sihpol, 37, faces up to 5 percent, the company counts — two charging a four years in prison if con- said. scheme to defraud mutual victed at the trial, which is Sales soared 38 percent at funds by engaging in late slated to begin on Aug. 22. Abercrombie and 28 per- trading of shares and two Meanwhile, Sihpol faces . cent at American Eagle counts of filing a false Outfitters Inc., clothing a civil case brought by the business record. Securities and Exchange chains that cater to teens. Amid dozens of guilty Both results were above Commission and a class- all estimates. pleas from Spitzer*s action shareholder suit. probes into the brokerage, Mixury retailers also beat Separately, a seventh t:pectations. Seattle-based mutual fund and insurance industries, Sihpol is the broker yesterday pleaded ordstrom had an 8.1 per- guilty to allowing a client mt gain and sales at Nei- only person to go to trial —^ a six-week affair that to trade late in mutual an Marcus Group Inc. funds. The broker, Scott A. stores jumped 7.6 percent. ended almost as badly as it "Saks, based in Birmingham, could for the crusading Christian, of Trautman Alabama, had a 6 percent regulator. Wasserman & Co., faces g^in, its biggest since De- Jurors interviewed after up to four years in prison HE'S BAAAACK: After a June 9 acquittal on 29 charges, former Bank of Amer- cember, led by its Saks the trial in Manhattan Su- but is cooperating with in- ica broker Ted Sihpol heads into court yesterday for another battle with New York Fifth Avenue unit. preme Court said they vestigators. Attorney General Eliot Spitzer. Don Haiasy s , Bloomberg

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