Star-Gazette from Elmira, New York • 22

Twin Tiers Page 6C, Saturday, May 13, 2006 WWW.Stargazette.com Managing Editor Lois Wilson, 607271-8284, lowilsonstargazette.com Kozlowski will The Market in Review Daily Dow Jones By SAMUEL MAULL The Associated Press 11,750 A 11,500 AAvT 11250 11,000 10,750 10,500 ing the sales tax prosecution," said Manhattan District Attorney Robert Morgenthau. Morgenthau said the case would not be dismissed unless the money was paid. Kozlowski still owes about $70 million in fines and $97 million in restitution stemming from his grand larceny conviction. DeVita said $90 million has been raised toward those debts by selling real estate and other assets. Swartz was ordered after trial to pay a $35 million fine and $37.6 million in restitution.

Prosecutors said he has paid $25 million of the total $72.6 million. tain. The men are now serving prison sentences of 8Vj to 25 years. The tax deal was announced before state Supreme Court Justice Michael Obus, who presided at the trial for Kozlowski and Swartz. Both are appealing their convictions for conspiracy, grand larceny, securities fraud and falsifying business records.

Obus, with the agreement of prosecution and defense lawyers, gave Kozlowski until Sept. 19 to pay the $21.2 million. "In light of the sentence the defendant is now serving and his agreement to pay $21.2 million to New York's taxing authorities, no further purpose would be served by continu- NEW YORK L. Dennis Kozlowski, the imprisoned former chairman and CEO of Tyco International agreed Friday to pay $21.2 million to settle a New York state tax case, part of which was related to his conviction for looting the company. The amount covers $3.2 million in sales taxes that Kozlowski owed on the purchase of $15 million worth of art, as well as $18 million he owes for state and city income taxes, said defense lawyer James DeVita and Assistant District Attorney Ann Donnelly.

May 12, 2006 Dow Jones industrials 11,380.99 Pet. change from previous: 1.04 11,500.01 Stock Market FEB High WU Hv MAR Low Record high: 11,722.98 Jan. 14, 2000 11,374.74 ChoDsticks in crisis 52-Week YTD 12-mo High Low Name Last Chg Chg Chg Chg 11.670.19 10.075.55 Dow Industrials 11,380.99 6.19 12.24 5,013.67 3,375.77 Dow Transportation 4,840.54 15.36 42.28 438.74 349.25 Dow Utilities 400.07 12.56 8.651.74 6,902.51 NYSE Composite 8,411.26 8.48 21.24 2.046.65 1,415.75 Amex Market Value 1,992.77 13.28 38.83 2,375.54 1,943.89 Nasdaq Composite 2,243.78 1.74 13.51 1.326.70 1,146.18 1,291.24 3.44 11.89 818.87 629.42 789.75 7.00 24.16 784.62 578.14 Russell 2000 742.40 10.28 27.56 13.472.98 11.285.92 Wilshire 5000 13,078.72 4.48 15.12 Indexes Interest YTD Yld PE Last ChgChg Ex Div HonwIllnH NY .91 2.1 21 42.91 15.2 IngerRds NY .64 1.4 15 46 83 16.0 NA .40 15 19.04 NY 1.20 1.5 16 82.35 .2 NY 1.00 2.9 16 34.60-1.07 2.9 JPMorgCh NY 1.36 3.1 17 44.32 11.7 NY 1.50 2.5 16 58.83 LeggMasonNY .72 .7 12 101.40 NY 1.60 3.2 27 50.44 LockhdM NY 1.20 1.6 16 74.62-1.61 17.3 LowesCos NY .24 .4 18 63.27-1.04 NY 14 2.56 Manulitg NY 1.40 64.95 .03 10.5 McDnlds NY .67 1.9 18 34.88 3.4 NY 1.52 4.4 16 34.29 7.8 NY .52 1.0 8 52.25 66 Microsoft NA .36 1.6 18 23.17 MorgStan NY 1.08 1.7 15 63.29 11.5 NiSource NY .92 4.3 22 21.62 3.6 NY .80 .7 13 111.50-1.59 67.1 PPLCps NY 1.10 3.7 17 29.42 .1 NY 38 21.25 8.3 NY 72 1.1 14 64.57-1.41 16.1 PepsiBott NY .44 1.4 17 31.34 9.5 NY .96 3.9 15 24.50 5.1 Prudent! NY .78 1.0 12 76.84 5.0 OstDiags NY .40 .7 21 57.90 .20 12.5 StPaulTravNY 1.04 2.3 13 44.72 .1 SearsHldgs NA 25 139.39 20.7 SenecaB NA 16 22.00 12.8 NY .68 2.3 22 29.67 .03 NY .40 .8 19 52.21-1.21 USAirwynNY 48.02-1.10 29.3 NY 1.52 1.9 23 80.86 7.6 USSteel NY .60 .9 13 70.33 46.3 UtdTechsNY 1.06 1.6 21 64.90 16.1 VerizonCmNY 1.62 5.1 12 31.79 5.5 Wachovia NY 2.04 3.7 13 54.67 3.4 WalMart NY .67 1.4 17 46.54 WeisMk NY 1.16 2.9 18 40.61 Weyerh NY 2.00 2.9 68.13-1.10 27 NY 15 14.13 Stocks of Local YTD Name Ex Div Yld PE Last ChgChg Inc AbtLab Allstate Altria AmExp AmlntGp If Anheusr BkofAm BellSouth BestBuy BlackD ChFnCp Chevron NY 1.33 NY 1.18 NY 1.40 NY 3.20 5.2 17 28 19 2.5 18 4 5 13 .9 18 9 18 2.3 20 4,1 12 3.5 20 .6 23 1.7 14 3.3 16 2.9 9 23 4.0 10 4.4 14 2.9 21 3.9 13 68 29 27 .9 22 3.6 8 3.3 23 4.4 20 2.1 25.62 41.42 56.38 70.40 52.89 63.18 46.02 49.20 32.97 61.38-20.34 48.99 21.60 43.18 19.63 24.99 56.60 29.48 29.90 41.12 44.19 27.92 24.37 23.37 54.97 62.24 39.13 46.70' 4.45 7.11 54.39 34.28 77.07 16.46 44.71 40.00 4.6 5.0 4.3 .18 2.8 .03 7.1 6.6 21.7 1.22 21.0 1.18 4.4 na 1.33 8.1 .29 18.8 .9 7.1 27.1 16.6 .16 16.8 .10 24.7 4.0 1.7 4.1 2.27 14.2 2.9 2.5 .19 3.4 10.8 19.3 12.87 2.9 24.4 4.0 48 .60 1.C NY 2.00 1.16 .32 1.52 OBB0.96 NY 1.80 NA NY 196 Cisco Citigrp CocaCI CmtyBkSy Corning Covance Cree Inc Disney DowChm DuPont DukeEgy EKodak Eaton ElmrSv EgyEast Exelon ExxonMbl FPL Grp Fastenal FstAlbany FordM Gannett GenElec Google GtAtPcs Hallibln Hardinge HarnsCorp HomeDp NA NY NY .96 1.24 .76 NY NY NA NY .27 NY 1.50 NY 1.48 NY 1.24 NY .50 NY 1.40 1.8 14 NA .80 NY 1.16 NY 160 NY 1.28 NY 1.50 NA .40 2.9 12 5.0 15 2.9 47 2.1 11 3.8 15 .9 40 56 2.1 11 2.9 22 66 NA NY NY .40 1.16 NY 1.00 NA NY 7.25 1.5 15 Stock Exchange nvse VJr 8,411.26 Most Active or more) Most Active Name Vol (00) Last Chg Name Vol (00) Lucent 569900 TimeWam 425442 NortelNet 358769 Pfizer 281694 Motorola 281064 FordM 227958 GenElec 209488 iShJapan 204257 ExxonMbl 189998 sT Gold 189784 2.56 17.50 .19 2.64 .08 24.50 21.64 .18 7.11 34.28 14.84 62.24 71.12 .09 SPDR 890350 iShRs2000 s597357 SPEngy 350095 EuroZgn 210662 SemiHTr 154594 OilSvHT 119183 NthgtMg 106621 SPMatls 97581 DJIADiam 97089 BemaGoid 92422 Name Intel IBM IntPap JohnJn LillyEli Lucent Merck Melite Nucor Paxar Penney Pfizer Sysco Target UPSB Xerox As China goes ecological, Japan fears shortage of disposable utensils. By MARI YAMAGUCHI The Associated Press TOKYO Walk into any Japanese noodle shop or restaurant and chances are you'll be eating with a pair of disposable wooden chopsticks from China. But not for long.

In a move that has cheered environmentalists but worried restaurant owners, China has slapped a 5 percent tax on the chopsticks over concerns of deforestation. The move is hitting hard at the Japanese, who consume a tremendous 25 billion sets of wooden chopsticks a year about 200 pairs per person. Some 97 percent of them come from China. Chinese chopstick exporters have responded to the tax increase and a rise in other costs by slapping a 30 percent hike on chopstick prices with a planned additional 20 percent increase pending. The price hike has sent Japanese restaurants scrambling to find alternative sources for chopsticks, called "waribashi" in Japanese.

"We're not in an emergency situation yet, but there has been some impact," said Ichiro Fukuoka, director of Japan Chopsticks Import Association. A pair of waribashi that used to cost a little over 1 yen less than 1 cent now goes for 1.5 to 1.7 yen. The rising costs of raw wood and transportation because of higher oil prices have also contributed to the rise, industry officials said. But pretty soon, some fear Japan won't even be able to get expensive chopsticks from China: Japanese newspapers Mainichi and Nihon Keizai reported that China is expected to stop waribashi exports to Japan as early as 2008. To minimize the impact, Japanese importers now buy more bamboo chopsticks and are considering new suppliers, including Vietnam, Indonesia and Russia, said Fukuoka.

Convenience store operators are trying to cushion the impact through cost-cutting in distribution. "We provide chopsticks only to customers who ask for them," said Mayumi Ito, a spokeswoman for FT -'5 5 KOZLOWSKI Financial Officer Mark H. Swartz. The two were convicted of looting Tyco of hundreds of millions of dollars to finance lavish lifestyles that included such touches as Kozlows-ki's now-infamous $6,000 shower cur- fel I ll 111 The Associated Press People eat noodles using chopsticks, or "waribashi," Tuesday in Tokyo. Seven I Holdings owner of 7-Eleven convenience stores.

"We're closely watching the development." Until the 1980s, about half the disposable chopsticks used in Japan were produced by Japanese 'companies. But that changed with the introduction of far cheaper Chinese-produced ones. Supporters of environmental causes see the new Chinese tax as a chance to get rid of disposable chopsticks, which have been linked to deforestation. An Osaka-based restaurant chain operator, Marche switched to reusable plastic chopsticks in February at its 760 outlets after testing various materials over six months, said company spokesman Micmhiro Ajioka. WENY-TV, will become an affiliate of the new CW Network created by the merger.

Randy Reid, vice president of WETM and WTTX, said the newly independent station will continue to air its 10 p.m. local newscast, its weekly public affairs program and high school sports. In addition, WTTX has contracted to air syndicated reruns of such pro have played a role in the outbreak, which first surfaced in the Far East. On Tuesday, when it confirmed 106 infections, the CDC said 59 patients or nearly two-thirds of the 93 fully analyzed cases involving contact lens users reported using MoistureLoc. Another 19 patients said they used an older, more popular Bausch Lomb solution called ReNu MultiPlus, it said.

Extensive federal inspections of the factory in Greenville, S.C., where MoistureLoc was made for U.S. and several Asian markets before sales were halted April 13, have not turned up evidence of contamination. Warning issued on suicide risk in antidepressant Paxil WASHINGTON The antidepressant Paxil may raise the risk of suicidal behavior in young adults, Glaxo-SmithKline and the Food and Drug The sales tax case, which began as a criminal prosecution, preceded the investigation into thefts from Tyco that resulted in the grand larceny convictions last June of Kozlowski and former Chief LOCAL BRIEFS ELMIRA Hospital will give Spirit Awards The St. Joseph's Hospital Foundation will honor its Spirit Award winners at a dinner at 6:30 p.m. May 17 at Elmira Country Club in West Elmira.

The awards honor a doctor, a health professional, a support staff worker and a volunteer. Winners are nominated by their peers for their skill, energy and enthusiasm for their work. The 2006 winners are: Physician Dr. Richard Yanessa. Health professional Marilyn Cain, a nurse.

Support staff Fern Leopold. Volunteer Cliff Robinson. Supporters who contribute $200 or more to St. Joseph's in 2005 receive an invitation to the dinner. Additional tickets are available for $30 each.

For information, call 607737-7004. TWIN TIERS Nucor plans 2-for-l stock split this month Nucor, parent company of the Vulcraft joist and steel deck making plant in Chemung, has approved a 2-for-l stock split that will add one additional share of the company's common stock for each share held by stockholders of record on May 19. The additional shares will be distributed on or about May 31, and the split is intended to broaden interest in the company's common stock and improve its marketability. Nucor's directors' board believes the stock split is appropriate, in view of the company's strong results and long-term business outlook. HORSEHEADS Hardinge hires investor relations firm Hardinge Inc.

recently announced the company has retained Travers, Collins Co. as its investor relations agency of record. Based in Buffalo, Travers Collins will provide a full scope of investor relations counsel and services to help the Horseheads machine tool maker raise its profile among investors. Hardinge focuses on the high-precision end of the machine-cutting industry. The company maintains a global presence by having facilities around the world and distributes its products to all major industrialized markets.

In 2005, Hardinge generated revenues of $290 million. depression. U.S. wants to extend oversight of Microsoft WASHINGTON Citing Microsoft Corp. lapses under a landmark antitrust settlement, the Justice Department said Friday it wants to extend by two years its oversight of some of the company's business practices until at least November 2009.

Microsoft has already agreed to the lengthier scrutiny by the Justice Department and 17 states under a proposal that still must be approved by a U.S. judge. The company has struggled with a key provision in the 2002 antitrust settlement requiring it to disclose to its competitors sensitive details about some of its software. Government lawyers said they were prepared to extend oversight of Microsoft's business activities through 2012 if necessary. 129.24 -171 73.50 56.74 2.87 35.94 157.52 4.32 33.79 113.87 5.58 Mutual WB, UPN merger to change TV in Tiers tfllllll 111! I "it Stick-y situation China's 5 percent tax on disposable chopstick exports will hit hard at the Japanese, who import 25 billion sets a year.

Japan's imports of disposable chopsticks, 2005: Total: 25.4 billion sets n- China 99.7 25.3 billion Other 0.3 72.7 million Vietnam Chile F-Timj-j-rin Indonesia E38 Other i NOTE: Japan's market share is about 3 percent SOURCE: Japan Customs The Associated Press grams as the NBC sitcom "Scrubs." Peter Veto, general manager of WENY and WBE-TV, said WBE-TV will become the exclusive CW Network affiliate in the ElmiraCorning market. WTTX broadcasts over the air on Channel 30 and can also be seen on Time Warner Cable's Channel 11. WBE-TV is seen exclusively on cable Channel 2 in the ElmiraCorning market. Administration warned Friday in a letter to doctors. The warning letter was accompanied by changes to the labeling of both Paxil and Paxil CR, a con-trolled-release version of the drug, also called paroxetine.

A recent analysis of clinical trial data on nearly 15,000 patients treated with Paxil and dummy pills revealed a higher frequency of suicidal behavior in young adults treated with the drug, according to the letter. The FDA reported that there were 11 suicide attempts none resulting in death among the patients given Paxil. Just one of the dummy pill patients attempted suicide. Given that small number, the results "should be interpreted with caution," the FDA said. Eight of the 11 attempts were made by patients between the ages of 18 and 30.

All trial patients suffered from psychiatric disorders, including major 3 Highlights AMEX 1,992.77 ot more) Nasdaq 2,243.78 Most Active (81 or more) Last Chg Name Vol (00) Last Chg Nasd100Tr1489772 JDS Uniph1262800 Microsoft 823614 Cisco 716187 SunMicro 684448 Intel 660451 SiriusS 466712 Oracle 395313 ThrshldPh 332122 Symantec 323519 40.19 2.92 23.17 20.34 .29 4.84 19.04 4.34 13.98 .07 3.44-10.56 17.02 Funds metals Silver: $14.3300 Total Assets Total ReturnRank Pet Min Init Name Obj (SMIns) NAV 4-wk 12-mo 5-year Load Invt American Funds CaplBA BL 50,129 56.63 3.3 15.7A 66.8A 5.75 250 American Funds IncoA BL 51,877 19.05 2.3 12.5B 50.6A 5.75 250 American Funds WshAp LV 64,202 32.40 1.4 12.5D 27.3B 5.75 250 Davis Funds NYVen LC 4,670 33.61 1.5 17.3A 28.2A NL 1,000 Delaware Invest LgCpVIA LV 1,178 18.84 17 13.9D 21.5C 5.75 1,000 Fidelity Invest: CapAp XC 8.160 27.67 0.8 27.4A 40.0B NL 2,500 Fidelity Invest: Contra XG 67,479 6779 1.5 27.2B 59.4A NL 2,500 Fidelity Invest: DivGth LC 16,315 29.65 13.0C 7.8C NL 2,500 Fidelity Invest: Eq Inc El 26,986 55.51 2.4 18.7A 29.4C NL 2,500 Fidelity Invest: EQII El 12,088 23.73 1.3 15.0C 28.0C NL 2,500 Fidelity Invest: LatAm LT 3,411 40.56 7.1 95.8C 252.3C NL 2,500 Fidelity Invest: LowPr MV 39,407 45.01 1.7 26.1B 119.0A NL 2,500 Fidelity Invest: Magelln LC 50.963 91.60 0.6 18.4A 7.8C NL 2,500 Fidelity Invest: OTC XG 8,424 37.92 17.9D 13.1C NL 2,500 Fidelity Invest: Puntn BL 24,056 19.45 1.6 12.6B 32.8A NL 2,500 Fidelity Invest: SEAsia PR 1,470 25,98 67 56.6A 141.6A NL 2,500 Fidelity Invest: Trend LC 913 5978 0.3 17.0A 17.1A NL 2,500 Fidelity Invest: Value MV 16,467 80.89 0.9 24.0B 84.7A3 NL 2,500 FrankffempFrnkAMncomAp BL 23,990 2.47 17 11.3B 52.9A 4.25 1,000 FrankTemp Frnk UtilsA UT 1,821 11.85 2.5 8.0E 36.BA 4.25 1,000 Gartmore Fds NationwD LC 1,169 19.63 0.3 16.8B 22.9A 4.50 2,000 LV 545 34.99 1.6 13.0D 15.6E 5.25 2,500 JPMorgan Select: MCpVal MC 1.291 1.3 17.6E NS NL 1,000,000 Janus Balanced BL 2,551 23.08 13.3B 25.58 NL 2,500 Janus XC 3.863 16.87 1.6 37.4A 68.4A NL 2,500 Janus: Fund LG 11,668 26.52 13.8C NL 2,500 Janus LC 7,156 37.96 23.2A 17.6A NL 2,500 Janus Mercury LG 4,049 23.36 15.1B NL 2,500 Janus: Twenty LG 9,759 50.12 20.9A 87A NL 2,500 Janus GL 4,710 45.44 0.8 16.1E NL 2,500 John Hancock StrlnAp GT 820 6.86 1.6 5.1C 47.8B 4.50 1,000 Lord Abbett AtfilA LV 15.644 15.11 2.4 17.2B 27.9B 5.75 250 Lord Abbett GvScAp LU 613 2.50 22.7C 4.75 500 Lord Abbett IntlCrEqt IL 518 15.24 5.6 38.2C NS 5.75 1,000 Lord Abbett MidCpAp MV 7,267 22.24 0.5 15.4E 64.3C 575 1,000 Lord Abbett LCpCore LC 603 28.81 0.8 11.6D 16.9A 575 1,000 Lord Abbett RsSmCA SC 2.286 33.80 3.3 44.8A 123.6A 5.75 1,000 Lord Abbett TaxFrAp GM 495 11.33 0.0 1.7C 27.2C 3.25 1,000 MFS Funds HilnA HC 683 3.83 0.8 8.9C 38.1C 4.75 1,000 MTB Funds: SmCapGI SG 115 20.81 39.3A 34.5C NL 100,000 MorganStanley Inst: EmMkt EM 2.163 31.33 6.0 65.5B 195.2C NL 500,000 TK 507 20.44 -4 5 25.2B 5.50 2,500 Mutual Series: QualfdZ XC 3.904 21.53 1.7 21.2B 59.9A NL 1,000 LG 5,773 43.83 11.60 575 1,000 Oppenheimer GlobA GL 12,368 72.65 1.4 30.18 56.8B 5.75 1,000 Oppenheimer MnStFdA LC 8.022 38.87 15.2B 16.4A 5.75 1.000 Price Funds: Eqlnc El 19,117 27.35 1.3 13.5D 38 88 NL 2,500 Price Funds: InstSmCp SC 495 15.51 29.4B 78.2C NL 1,000,000 Putnam Funds GrlnA LV 12,106 2071 1.7 15 0C 18.8D 5.25 500 Putnam Funds GlbEq GL 345 9.33 2.8 25.8C 22.5D NL 500 Van Kamp Funds GrlnA LV 7,018 21.15 2.5 16.3C 38.9A 5.75 0 Vanguard Admiral: MorgAdm XG 1.523 57.31 19.8D NS NL 100.000 Vanguard Idx Fds: 500 SP 70,082 119.15 0.3 13.3A 12.2A NL 3,000 Vanguard Idx Fds Europe EU 14,363 32.72 6.6 32.2D 59.2D NL 3,000 Vanguard Idx Fds: Growth LG 6790 27.91 12.1C 6.0A NL 3,000 Vanguard Idx Fds: MidCap MC 7,387 18 97 0.8 26.6B 70.2B NL 3,000 Vanguard Idx Fds: Value LV 3.591 23,70 1.9 17.1B 23.1C NL 3,000 Wasatch: IntlGr IL 443 24.37 7.7 51.4A NS NL 2,000 Wasatch: Mic-Cap SG 643 7.12 31.1B 138.1A NL 2,000 Wells Fargo Adv SCApValZ SC 2,538 33.14 1.0 38.5A 108.5A NL 2,500 Star-Gazette The merger of the WB and UPN television networks will result in changes at two Elmira-based television stations. WTTX UPN 30, which is affiliated with WETM-TV, will become an independent station effective in September. WBE-TV, which is affiliated with BUSINESSWORLD MEDICAL Confirmed cases of fungal eye infection rise to 122 ROCHESTER The number of confirmed cases of a rare fungal eye infection that can cause blindness has climbed to 122, most of them contact-lens wearers who reported using Bausch Lomb newest lens cleaner, authorities said Friday. The eye-care company halted U.S. sales of its ReNu with MoistureLoc Multipurpose Solution a month ago after the Centers for Disease Control and Prevention said it was investigating an unusual spike in Fusari-um keratitis infections in Americans using the product.

While the CDC reiterated in an update that the origin remains a mystery, some eye specialists theorized that MoistureLoc's unique disinfecting and moisturizing agents could Precious Gold: 725.00.