# Another one - YORKTOWN HEIGHTS



## NYCHA FORESTER (Feb 20, 2008)

YORKTOWN HEIGHTS - A tree worker died today after he was struck by a limb while cutting down a tree at a Wildwood Street residence, police said.

Pablo Tenempaquay, 29, of Mahopac, was pronounced dead at the Hudson Valley Hospital Center after being taken there after the 10 a.m. accident, police said.

He was working for Los Brothers Landscaping Company of Mahopac and was cutting down a limb from a tree at a residence at 3388 Wildwood St., when he was struck in the torso by a large limb, police said.

Lake Mohegan firefighters responded and removed Tenempaquay from a harness he was using while cutting the branch.

Yorktown police are investigating.

http://www.lohud.com/apps/pbcs.dll/article?AID=/20080220/NEWS02/802200410

Landscaper dies in Yorktown tree accident 
(02/20/08) YORKTOWN - A landscaper died from his injuries Wednesday after he was working on a tree in a Yorktown backyard and became pinned between two branches.

The incident occurred at a home on Wildwood Street. Police say 28-year-old Pablo Tenempaquay, of Mahopac, was cutting a branch off a tree when it swung around and pinned him between the tree and the branch.

“He was up in the tree, tied up with ropes. He made a cut. The branch came back around, swung in and it looked like it pinned him between the tree and the large branch,” Lake Mohegan Fire Department Chief George Keesler says.

“Our firefighters cut him down, got him on the ground and the patient was in cardiac arrest,” Keesler says.

A helicopter was called in with plans to transport the man to Westchester Medical Center, but officials say the patient was too seriously hurt to fly. He was eventually taken by ambulance to Hudson Valley Hospital in Cortlandt, where he died.


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## Adkpk (Feb 20, 2008)

Sorry for Pablo. Prayers to his family.


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## treeman82 (Apr 4, 2008)

He was good friends with a friend of mine. That company was an accident waiting to happen though... do a whole tree job with 1 rope shared between the climber and the rigging. No hardhats or anything. I saw a picture of the tree he was working on... looks like it was an elm, but I could be mistaken. Co-dominant stems, looks like he only made a back cut and it did a barberchair on him.


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## Shaun Bowler (Apr 5, 2008)

I hope that the Company owners are held responsible for this horrible and predictable accident. If the Company even has any type of WC or insurance, the homeowners should be held just as resposible as well.
:angry2:


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## pdqdl (Apr 5, 2008)

*There is a lot more to this story...*

Read up on the whole story, at another source. The article that I read stated that the man that was killed was the owner of the company.

http://www.lohud.com/apps/pbcs.dll/article?AID=2008802210379

Maybe he paid the ultimate price for wanting to give good customer service.


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## pdqdl (Apr 5, 2008)

*You should lighten up*



Shaun Bowler said:


> I hope that the Company owners are held responsible for this horrible and predictable accident. If the Company even has any type of WC or insurance, the homeowners should be held just as resposible as well.
> :angry2:



The company owner is the one that died. I think that is being held responsible enough.

Worker's comp insurance exists to protect the employer AND the homeowners from any liability. That's why most jobs require it.


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## Shaun Bowler (Apr 5, 2008)

I am sorry that anyone died or was injured.
My anger regarding most of the deaths that we read about are happening to Mexican/Latin workers.
They are being taken advantage of.
Where I live and work at least 3/4 (oberservation) of tree companies are not insured, and all are "landscape/tree service".
I would bet dollars to doughnuts that many serious accidents that happen to iilegals that do not get reported.
They just disappear into the system created to help them heal and get back to work. 
Paid for by who?


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## LNG24 (Apr 6, 2008)

I am surprised I missed this. That was right around the corner from my parent house and I went to school with the previous home owners kids! 

Not that this would have saved his life, but he and his company were UnLicensed Contractors and should not have been working in Westchester County.


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## pdqdl (Apr 7, 2008)

LNG24 said:


> ...
> Not that this would have saved his life, but he and his company were UnLicensed Contractors and should not have been working in Westchester County.



What is an "un-licensed contractor"? No licensing required in our area to do any sort of tree work, landscaping, etc., except for an occupational license. All that is for is to make sure that the city gets their part of your income.


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## pdqdl (Apr 7, 2008)

*illegals.*



Shaun Bowler said:


> I am sorry that anyone died or was injured.
> My anger regarding most of the deaths that we read about are happening to Mexican/Latin workers.
> They are being taken advantage of.
> Where I live and work at least 3/4 (oberservation) of tree companies are not insured, and all are "landscape/tree service".
> ...



I have heard about that happening out west. We have a serious influx of mexican workers in the midwest, but they don't get paid less, or work for companies with poor work records. They generally work for the bigger, better companies, under the presumption that they work harder and are more reliable. You can't find an Anglo Saxon roofer in Kansas City, anymore.


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## Shaun Bowler (Apr 7, 2008)

I hate to agree with you but that there is a lot of truth to that.
However, if WE continue to grow as an industry that is capable to communicate with Tree owners the value of certs. and long term value that comes with insured,certifed treecare workers. I think there will be less of the BULL#### PIGS making the fast buck.
Employers and homeowners need to be aware of the liability that goes with the lowest bid.
This industry has come a long way in the 25+ years I have been here. and it seem to be getting better.
WE all know we should be paid more than we get EVERYDAY.:greenchainsaw:


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## John Paul Sanborn (Apr 8, 2008)

pdqdl said:


> What is an "un-licensed contractor"? No licensing required in our area to do any sort of tree work, landscaping, etc., except for an occupational license.



I worked for Henderson for a few weeks after the huge ice storm several years ago, and a number of muni's had separate tree company licensing


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## LNG24 (Apr 8, 2008)

Yes, I am sure every area is different, but in Putnam County NY, where he lived and had his business AND in Westchester County N, where he was working. You MUST get licensed with the County through the Department of Consumer Protection. It does not cost a lot and the reason for it is to stop the crooks that scam people out of money. We have to issue a certificate of Liability Insurance with the County named as additional insured so they know if we don't pay our insurance. We have to have a Performance Bond for $5k to insure the work can get done. We have to display the license on the vehicle, all vehicles. If you are found working at a house without the license...They can impound the truck and all the tools immediately. You don;t get them back until you go to court. 

All of this was in an effort to prevent the public from getting scammed by fly by night contractors. All someone has to do is call or go on line and check the county records to see if the contractor is licensed to work. If they are not, you should not be hiring them. 

Its not a skill license, just a way to make sure you are not dealing with a crook or scam artist. 

Here was one I caught. Sold a home to a client. A month after she moved in she got a call from a chimney sweep company. " We use to clean Mr. B's chimneys this time of year, are you interested in continuing with the service?" She said sure Of Course! Luckily I was there doing some other work when they showed up and she had told me earlier they would be here. I explained that it is most likely a scam. Well these guys pull up in a crappy van and I walk up to them and ask them if they have a contractors license for Westchester. Of Course they say. Great, let me see it. Now I know they don;t because its a bumper sticker and they are not displaying it. They make a call to the office. The office threatens the new homeowner, because these guys just drove 2 hours to get here from Long Island, that she is going to have to pay. I get on the phone and ask them to have their guys wait about ten minutes for me while I have the Police arrive and verify their license and explain that if they can't the vehicle will be impounded. 

She puts me on hold. A second later I hear the van start up and pull out of the driveway. Then the line goes dead. 

I investigated further and found that this company has numerous complaints against them and what they do is to get a list of deed transfers. They contact the new owners and pretend they have done work there in the past. 

So as far as I am concerned, its a great law.


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## pdqdl (Apr 8, 2008)

John Paul Sanborn said:


> I worked for Henderson for a few weeks after the huge ice storm several years ago, and a number of muni's had separate tree company licensing



Henderson Tree service in KC ? I can't find them. Did you mean Hendrickson? They are only a couple miles from my office. 

I think you may have misunderstood someone. No special certification, insurance verification, or other occupational skills verification in ANY municipal government in this area that I am aware of. I have done a fair amount of work for some of the cities listed below, or at least bid on work for them. Right now, I do all the tree work for the KCMO Police & Fire Depts, and for KCMO Building Maintenace. Nobody has ever mentioned getting any kind of tree company license. 

We do work in Kansas: Overland Park, Lenexa, Kansas City-Ks, Shawnee, Mission, Mission Hills, Leawood, the list goes on.

Missouri: Grandview, Kansas City-Mo, Raytown, Independence, Belton, Sugar Creek, North KC, Riverside, Parkville.

To my knowledge, and that includes doing tree work in all these towns for the last 20 years: NO special license or certification required. A fair number of them want occupational licenses, but that only takes paying a fee and promising to pay them a percentage of your revenue for work done in their town. I have never heard of any enforcement on the occupational licenses, either, except for business that are have no license in the city they are based out of.


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## pdqdl (Apr 8, 2008)

LNG24 said:


> Yes, I am sure every area is different, but in Putnam County NY, where he lived and had his business AND in Westchester County N, where he was working. You MUST get licensed with the County through the Department of Consumer Protection. It does not cost a lot and the reason for it is to stop the crooks that scam people out of money. We have to issue a certificate of Liability Insurance with the County named as additional insured so they know if we don't pay our insurance. We have to have a Performance Bond for $5k to insure the work can get done. We have to display the license on the vehicle, all vehicles. If you are found working at a house without the license...They can impound the truck and all the tools immediately. You don;t get them back until you go to court.
> 
> All of this was in an effort to prevent the public from getting scammed by fly by night contractors....
> 
> So as far as I am concerned, its a great law.



I think if that was the law in your area, I wouldn't have asked for their license, I would have let the police do the asking after I made sure that they caught them there.

I have often heard of tree services claiming to be "bonded", but there are no such regulations like that around here. If there are any such laws, then there will be a lot of tree services in trouble, should they start enforcing it.


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## pdqdl (Apr 8, 2008)

Shaun Bowler said:


> I hate to agree with you but that there is a lot of truth to that.
> However, if WE continue to grow as an industry that is capable to communicate with Tree owners the value of certs. and long term value that comes with insured,certifed treecare workers. I think there will be less of the BULL#### PIGS making the fast buck.
> Employers and homeowners need to be aware of the liability that goes with the lowest bid.
> This industry has come a long way in the 25+ years I have been here. and it seem to be getting better.
> WE all know we should be paid more than we get EVERYDAY.:greenchainsaw:



I'll tell you what: nothing would make me happier that to force most of my competition out of our market area. Tree service prices are pretty cheap in our area, and to get any business at all, your bid needs to be at least _close_ to the same price as the guys with a pickup truck and some chainsaws.


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## LNG24 (Apr 8, 2008)

pdqdl said:


> I think if that was the law in your area, I wouldn't have asked for their license, I would have let the police do the asking after I made sure that they caught them there.



You would think, but I once witnessed a drunk driver smash up a dozen cars, 1 treee and a lawn. I chased him on foot and lots him. Didn't think he would get far because 
the right front tire was pushed under the car and he was leaking oil bad. Called the cops.

THREE hours later I am still at the site with the cops. I was not allowed to leave. Finally they are done with me and they could not catch the guy. 

Let me back up here a sec, I was driving a White Stretch Hummer and when I witnessed this it was 4am in the morning. I am tired and pissed off. The cars that got damaged belonged to the people in my limo.

The cops released me to go home after 3 hours. No suspect in site. I take the limo and leave. I can clearly see the oil drips on the road and decide to follow them, something the cops did not eveny though I pointed it out to them. Guess what I found. 2 blocks away, the smashed up Acura sitting in its owners driveway! I am now held there another two hours and finally released. No Tip, just a thank you fromt he clients. 3 months later I have to drive 2 hours to Long Island to give a statement and then I had to go back again for trial. 

Was it worth waiting for the cops to get there...HELL NO. So unless yoru robbing a bank or killing someone, I'll scare you away and let the cops go about drinking their coffee


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## John Paul Sanborn (Apr 9, 2008)

pdqdl said:


> To my knowledge, and that includes doing tree work in all these towns for the last 20 years: NO special license or certification required. A fair number of them want occupational licenses, but that only takes paying a fee and promising to pay them a percentage of your revenue for work done in their town. I have never heard of any enforcement on the occupational licenses, either, except for business that are have no license in the city they are based out of.



My burst, Joe Hendrickson - OP, KC.

All I remember is that I was told to keep my helmet on at all times in certain areas. They were checking for license and lack of PPE was a reason to stop.


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## pdqdl (Apr 9, 2008)

*Good man !!*



LNG24 said:


> You would think, but I once witnessed a drunk driver smash up a dozen cars, 1 treee and a lawn. I chased him on foot ...
> 
> Was it worth waiting for the cops to get there...HELL NO. So unless yoru robbing a bank or killing someone, I'll scare you away and let the cops go about drinking their coffee



I'm proud of your efforts. I haven't ever gotten a criminal chase that exciting, but I have caught a few folks doing wrong. I enjoy busting them for the cops, even though it makes me angry about having to get involved.

Even though it was frustrating to fight the incompetance of a couple of cops, think of all the years of feeling good about yourself that you got out of the effort. Twenty years later, you'll still get a good feeling from doing the right thing in a memorable way. You couldn't take any amount of money and buy a good feeling that lasts forever; it takes action do do that!

Give the cops a break, too. Some of them are useless, but most of them are fine people that have a dirty job. At least here in the midwest, the cops are pretty well respected.


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## BlueRidgeMark (Apr 9, 2008)

pdqdl said:


> Give the cops a break, too. Some of them are useless, but most of them are fine people that have a dirty job.



Yep. I've called the cops on a drunk driver that hit someone - had him beside the road just waiting for them for a while, then took my eyes off him and he slipped away into the brush. 20 minutes later, with no cops in sight, I gave up and left.

Other times, I've called in a drunk and had the pleasure of watching them get pulled over. I REALLY enjoy that.

Sometimes it's just about where they can be and how thin they are stretched right then.


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## treeman82 (Apr 9, 2008)

Larry, I think Pablo's company WAS licensed. Personally.. I think it's a crock. If Juan, Pablo, Carlos, Jose, Equadorian, etc. etc. are allowed to get it without paying taxes, or proper insurance... and they'll crack down on those who do pay proper insurance, collect and pay taxes, etc. for not having the county license... it's something I don't need. Darn scam. I heard they shipped his body and family back to Equador. The other brothers from Los Brothers are running the company now... so we've only got...

Los Brothers
6 Brothers
2 Brothers
4 Brothers
Brothers
7 Brothers
Five Brothers

? Brothers and a girl
etc.


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## LNG24 (Apr 10, 2008)

He nor his company are listed in Westchester or Putnams Database, so they are not licensed. It would be hard from the to be licensed anyway as they need a Valid NYS drivers license, Insurance, and a Bond. None of which you can get being an illegal.


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## pdqdl (Apr 11, 2008)

LNG24 said:


> ...It would be hard from the to be licensed anyway as they need a Valid NYS drivers license, Insurance, and a Bond. None of which you can get being an illegal.



Well ! That's one way of keeping the illegals _working for_ the tree companies, instead of _being competion for_ the tree business.


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## LNG24 (Apr 22, 2008)

*Stay Away From Yorktown! Another One!!!!*

Don't mean to bump this thread, but its relevant:



> YORKTOWN -A 35-year-old tree cutter died yesterday from head injuries he sustained when his hand got caught in a rope tied to a falling tree and he was pulled headfirst into a nearby standing tree.
> 
> Manuel J. Villeda, a resident of Mount Kisco, was hurt during the incident at a home on Heights Drive and was pronounced dead after he was transported to Hudson Valley Hospital, Yorktown police Sgt. Michael Zaicek said.
> 
> ...


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## treeman82 (Apr 27, 2008)

Larry, I saw the green sticker on the back of Los Brothers' trucks. Somebody I know is an illegal imigrant. His company has the county license, he isn't insured, no comp, no sales tax, etc. He does however own his own home and has vehicle loans, even without a VALID SS number. I guess 14K to the coyotes? 10 years ago bought a lot.


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## LNG24 (Apr 27, 2008)

Are you sure he is Illegal. There are many many here legally. Either way, you do not need to be a legal immigrant to buy a house or get a license. Actually its far easier to get an international drivers license.

Coyotes only get them here. Then it is people like you and I that get them everything else. Unfortunately, I have had many dealings with them and have gotten to be friendly with a few. They explained to me how it works while trying to get me to help them.

Most of their phones are given to them by someone. They pay this person a lot of money or time to keep it and use it. It is not under their names. Same for the cars. They buy the vehicles cash and then get someone to put it on their policy which they reimburse those people for. 

Homes are the only thing they can legally buy, getting a mortgage is another story though. There is always someone out there willing to make an illegal buck. I know contractors that can not get the license and are working under another contractors license number. Of course for some cash.

For the longest time, every one that I met held a Connecticut Drivers License and had their car registered in Connecticut. Have you ever heard of a Multi Service Store? These are shops set up by Legal Immigrants, Citizens if you would allow. They, for a huge fee, will get you an apartment, get you insurance, get you phones, provide you with legal representation, Interpret Documents, Wire Money, etc. Some of what they do is legal, most of what they do is not.


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