1974 – Jan 24, Vogel Apartment House Fire (7 children, 3 adults), Liberty, NY — 10

–10 Daily Freeman, Kingston, NY. “Boy Born to Fire Survivor.” 1-28-1974, p. 1.
–10 NFPA. “Multiple-Death Fires, 1974,” Fire Journal Vol. 69, No. 4, p. 10.
–10 Sunday Freeman, Kingston, NY. “Liberty Fire Toll Now at 10.” 1-27-1974, p. 1, col. 1.
–10 Times Herald Record, Middletown, NY. “Fire insurance canceled 6 years ago…” 1-29-1974, p. 3.
–10 Times Herald Record, Middletown, NY. “Firemen blamed for deaths.” 2-1-1974, p. 8.
–10 Times Herald Record, Middletown. “Inspector knew Vogel rented rooms without certification.” 1-30-1974, 9.
–10 Times Herald Record, Middletown. “Low income homes sought…wake of Liberty fire.” 2-5-1974, 3.
–10 Times Herald Record, Middletown. “Manslaughter, negligence charged in Liberty fire.” 10-18-1974, 3.
–10 Times Herald Record, NY. “Police, DA scan Liberty building inspector’s records.” 2-6-1974, 5.
–10 Times Herald Record, Middletown, NY. “Sullivan fire board eyes county inspector.” 2-28-1974, 38.
–10 Times Herald Record, Middletown, NY. “Vogels transfer 2 properties to son…” 2-1-1974, 8.

Narrative Information

NFPA: “Apartment building, Liberty, New York . Fire in a three-story, wood-frame apartment building killed 10 occupants and injured 14 others on January 24, 1974.

“Entrance to the upper floors was at the second-story level in the rear because of the grade. There were no sprinklers or fire detection systems. The first floor was occupied by a clothing store, the second floor by a furniture store, and the third floor consisted of four occupied apartments and one vacant apartment. There was only one means of egress from the third-floor apartments.

“The fire occurred at 5:13 am. It was first detected by a taxi driver, who pulled a fire alarm box. When the Fire Department arrived, occupants were at the third-floor windows screaming for help. Fire fighters were unable to use their aerial platform to reach the third floor because of high tension wires. They did rescue 14 occupants using ground ladders.

“Fire fighters from five other communities responded to assist the Liberty Fire Department. In addition to the occupant deaths and injuries, four fire fighters suffered minor injuries. The cause of the fire was undetermined.

Newspapers

Jan 25: “Liberty, N.Y. (AP) – Eight bodies were found and two persons were missing Thursday [Jan 24] after fire raced through a low-income apartment house where victims hung from windows screaming to firemen for help. Seven persons were rescued and five hospitalized. ‘There was a person at every window screaming, ‘Get us out, get us out, get us out’,’ said Dick Martinkovic, a Liberty fireman. ‘It was almost kinda like a movie. People in all the windows, yessing, screaming, fluorescent lights and smoke coming out of every window. ‘Of course, we got only the ones out that were at the windows,’ he said. ‘The ones inside never got a chance.’

“State Police Maj. Raymond M. Kisor said eight bodies had been recovered and officers were searching the gutted three-story Vogel Building for at least two more. A trooper had said earlier 11 persons died. The dead were identified as Olga Ortiz, 9; Ricardo Ortiz, 5; Robert Padilla, 10; and Julio [or Raul] Padilla, 3, all children of Mrs. Olga I. Padilla, 30, who was hospitalized; Mary Sanchez, 49; children Angel, 11, and Laura, 7; and Mitchell Rivenburg, 5, son of Angelina Rivenburg, 24. Missing and presumed dead were Elizabeth Retorico, 37, and Chamo A Curelo, 39.

“Mrs. Rivenburg, who was eight months pregnant, survived a fall from a third story window when she slipped as a fireman attempted to rescue her. The fireman, Marvin Cox, suffered a shoulder injury. Dr. Sydney Schiff, Sullivan County coroner, said Mrs. Rivenburg broke her pelvis, but he did not know whether she would lose her child….

“She [Mrs. Padilla] said she believed her four children could have been saved but that firemen lost time getting ladders up….

“A total of 21 persons lived in the apartments, officials said.

“Fire chief Robert Sherwood said the building had no fire escape, and the only access to the apartments was stairs on the side of the structure. The stairs were in flames when firemen arrived….” (Assoc. Press. “Eight die in fire at Liberty.” The Oneonta Star, NY. 1-25-1974, p. 1.)

Jan 26: “Liberty – Sullivan County District Attorney Louis B. Scheinman said Friday he will launch a grand jury probe into Thursday’s apartment fire that took at least eight lives. Two persons are still missing. The state police are also probing the blaze. The Village of Liberty met on the issue but remains silent on its plans….The probe will look into ‘every aspect of the situation, including possible zoning law violations and health code violations’ at the 122 South Main St. building, Scheinman said….

“Search efforts for the missing are expected to continue today. Authorities have identified them as Elizabeth Retorico, 37, and Chamo A Curbelo, 39, both reported occupants of the third-floor apartment complex. A search of the ruins by 25 volunteer firemen was suspended Friday when a crane brought to the area was too small….Fire Chief Robert Sherwood forbid firemen entering the tottering ruins in fear of injury to his men. He said the building would have to be ‘picked apart piece by piece.’….

“The state police investigation, a spokesman said, will include searching of land records as to previous building or housing code violations, owned by Max Vogel of Liberty. It will explore the possibility of criminal action, as well as a legal interpretation of the codes by police legal advisors.

“At the same time, police disclosed, several 5-gallon metal cans found in the ruins, have been sent to state police laboratories in Albany, to determine their contents. Police declined to identify where they were found in the building.” (Times Herald Record. Middletown, NY. “Search still on for 2 missing in Liberty fire.” 1-26-1974, p. 3.)

Jan 27: “Liberty. The number of lives lost in a tragic apartment house blaze Thursday in this Sullivan County resort community has risen to 10 with the discovery Saturday of two more bodies. Searchers, combing through the charred wreckage of the three-story building, uncovered the bodies of a man and a woman who had previously been reported missing and presumed dead. Both bodies were found near the back of the building in the vicinity of the only staircase which afforded an exit from the third floor of the building. The building, according to authorities, had no fire escape….

“The bodies recovered Saturday were identified as those of Elizabeth Retorico, 37, and Chamo A. Curbelo, 39. One police officer said he had an unconfirmed report that Curbelo had almost escaped the burning building when he turned around and went back in to rescue Elizabeth Retorico, who had fallen.

‘Most of those who resided in the building were on welfare, and many were Puerto Ricans. David Joseph, head of the Liberty Community Action Commission to Help the Economy, charged that public officials showed ‘criminal neglect and lack of concern for the people in our community who needed assistance.

“Village officials cited the owner of the building, Max Vogel, in 1972 for failing to have a fire escape on the building, but apparently no further action was taken, according to village manager William Buchanan.

“Joseph said a co-worker asked the village building inspector to condemn the building on Jan. 10….Joseph said an inspection of the apartment of Jose Sanchez, who lost his wife and two of their six children in the blaze, revealed ‘intolerable, sub-standard, housing conditions.’

“State Police BCI investigators said late Saturday that the cause of the blaze had not yet been determined. The fire apparently started in the area of a boiler room located beneath the stairwell, investigators said previously.

“Building owner Vogel said he had traced the cause of the blaze to a malfunctioning oil burning furnace. Vogel said repairs made to the furnace earlier in the week were ‘improperly’ done. No explanation was given as to how he made his determination.

“The only stairs from the apartments were blocked by fire early Thursday morning when firefighters arrived, and women and children were lined up in windows of the building screaming for help.” (Sunday Freeman, Kingston, NY. “Liberty Fire Toll Now at 10.” 1-27-1974, p. 1.)

Jan 28: “….It was…reported that the building on Main Street was never issued an occupancy permit by Liberty’s building inspector, John D. Como, though the building’s owner, Max Vogel requested and received permission from the village planning board to convert the top story of his building from two to four apartments in late August, 1972. Como maintains he was unaware that anyone was occupying to top floor of the building until the fire last week. Records on file in Como’s office indicate that Vogel was issued a summons in 1972 for beginning work on the conversion of his building without Como’s permission. The summons charges that Vogel’s conversion from two to four apartments did not comply with building codes. It was reported, however, that the summons never resulted in a hearing and that the matter, according to Village Justice Lawrence Stier, was settled ‘outside my court.’.” (Daily Freeman, Kingston, NY. “Boy Born to Fire Survivor.” 1-28-1974, p. 1.)

Jan 29: “Liberty – Standard fire insurance was denied in recent years for the building in Liberty where 10 persons died in a fire last week, it was learned Monday. According to insurance sources, the building was cited for three ‘faults,’ including ‘hazardous conditions.’ It could not be learned Monday what the hazardous conditions were but according to the insurance source, the faults cited were an accumulation of rubbish, and unsafe handling of gasoline and other automobile-related materials. The automobile-connected materials apparently were in an auto shop which operated in the building but closed several months ago. A spokesman in the New York Fire Insurance Organization, headquartering in Syracuse, confirmed that faults apparently were found in the building but he could not spell them out. Two local insurance agencies, Rhulen Associates of Monticello, and Willis Smith of Liberty, had offered to insure the building it was learned through what they called higher-cost policies. They did not explain why.

“Max Vogel, who owns the Liberty building at 122 So. Main St., said last week that his insurance had been canceled six years ago ‘for no reason.’ He said he was offered coverage that would cost him $2,000 a year for $25,000 worth of protection but he turned it down….

“In related developments, the Associated Press quoted Liberty village Manager William Buchanan as saying the Vogel Building had not been inspected since August, 1972. Buchanan said the village is attempting to find out why, the wire service said.

Jan 30: “Liberty – Building Inspector Jhon D. Como disclosed Tuesday that he knew that apartments not certified for occupancy were rented on the top floor of 122 S. Main St., Liberty where 10 people died in last Thursday’s blaze. Como said no certificate of occupancy were rented on the top floor of 122 So. Main St., Liberty where 10 people died in last Thursday’s blaze. Como said no certificate of occupancy had been issued to the building’s owner. A certificate is required, he said before apartments can be rented. Como, whose full name is John D. Giangiacomo, said Tuesday he is cooperating with the Sullivan County district attorney’s inquiry into the fire. A grand jury is scheduled to begin taking testimony Monday. The Liberty village board meets Thursday night for its second closed special meeting on the fire.

“Until Tuesday, Como had remained silent about the fire, except for comments picked up by newsmen in village hall immediately after the fire. At that time, Como is reported to have claimed he did not know the building was inhabited.

“….the building inspector…disclosed that no out-of-court settlement was reached with Max Vogel, the landlord of 122 So. Main St., regarding two summonses Como issued to him in 1972. The summonses concerned alleged violations of the village zoning ordinance. The first, in Jan 1972, claimed that Vogel was converting the top floor of the structure into two apartments although the building is in a commercial district where apartments are forbidden. Then in Aug. 1972, Como issued a second summons charging that Vogel was converting the two apartments into four apartments.

“Village Justice Lawrence Stier said that the cases never came before him. All he has in his records, he said, are summonses and the charges made against Vogel. ‘I don’t know why the cases didn’t come before the (village) court,’ Como said Tuesday. ‘I never withdrew the summonses. I can’t talk for the courts.’

“In Dec. 1972, five months after the second summons, Vogel submitted plans for the renovation to the village planning board. It granted him a variance to have apartments in the building. But by law, Vogel still needed a certificate of occupancy before he could rent them.

“Village Manager William Buchanan said Tuesday he does not know why no certificate was issued.” (Times Herald Record, Middletown, NY. “Inspector knew Vogel rented rooms without certification.” 1-30-1974, p. 9.)

Feb 1: “Monticello – Max and Freida Vogel, who owned the building in Liberty where 10 persons died in a fire last week, have turned over the titles to two other Sullivan County properties they own to their son. The transfers were dated last Monday, four days after the fatal fire in Liberty. The Vogels deeded the land, including their home on Winslow Place in Liberty, to their son, Herman, of Windham, N.H. According to deed records, Herman paid his parents nothing for them….” (Times Herald Record, Middletown, NY. “Vogels transfer 2 properties to son in wake of fatal fire.” 2-1-1974, p. 8.)

Feb 1: “Liberty – Max and Freida Vogel Thursday blamed firemen for failing to rescue 10 persons who died in a blaze in the Vogel-owned apartment building in Liberty last week. The couple said firemen could have saved those trapped on the top floor of 122 S. Main St. by taking them out windows on the Lake Street side of the building. They said there were no electrical wires to block ladders on Lake Street. At the height of the blaze, firemen could not get the cherry picker, a high ladder topped with a bucket, past power lines to windows on the S. Main Street side of the building.

“Late Thursday, Liberty Fire Chief Robert Sherwood branded the Vogel allegation ridiculous. ‘There were no people at the windows on the Lake Street side,’ he said. Sherwood said that when firemen arrived before dawn the residents of the building were at the S. Main Street windows. ‘We got four people out of the corner room and another four on the opposite end of the building.’” (Times Herald Record, Middletown, NY. “Firemen blamed for deaths.” 2-1-1974, p. 8.)

Feb 5: “Liberty – About 60 local residents crowded a Liberty Village Board meeting room Monday and insisted officials make immediate plans to meet housing needs. The meeting was originally billed as an informational session to discuss the Jan. 24 fire which killed 10 people in a business-residential building….

“Village Manager William Buchanan, announced that the board was limited in answering questions about the fire because ‘the matter is now in a court of law.’ He referred to the scheduled grand jury investigation of the cause of the blaze and officials’ responsibility, in building inspections at 122 South Main Street. Buchanan told the audience that the village has already taken steps to increase inspections. He said Liberty has hired part-time assistants, including people with special skills such as boiler knowledge. Liberty sources reportedly suspect that the fatal fire was caused by a faulty boiler or furnace. Without elaborating Buchanan also told the spectators that the village has inspected five buildings in the 10 days since the fire. However, local insurance man Benjamin Levy suggested that the village contact outside agencies to step up what he called a ‘lingering inspection program.’….” (Times Herald Record, Middletown, NY. “Low income homes sought in wake of Liberty fire.” 2-5-1974, p. 3.)

Feb 6: “Liberty – An investigation by state police and the Sullivan County district attorney into the Jan. 24 fire that killed 10 people is focusing on testimony provided authorities Monday by Liberty apartment owner Vincent T. Oliver. Records from the office of Building Inspector John D. Como concerning his official dealings with two of Oliver’s properties here were in the hands of state police Bureau of Criminal Investigation (BCI) agents late Tuesday according to Lt. William Kostoff, acting police chief. The records were requested at village hall Monday after Oliver ‘voluntarily’ appeared in the D.A.’s Monticello office reportedly ‘offering testimony damaging to his (Como’s credibility in the probe,’ according to sources here.

“Lack of strict enforcement of building and fire codes by Como and other village officials is called one of the central issues of the state and county investigation of the fire. D.A. Louis B. Scheinman said this week a grand jury scheduled to begin taking testimony in the case this month would consider ‘possible negligence on the part of officials in building code enforcement.’

“Village Manager William P. Buchanan said Tuesday the records contained copies of building and occupancy permits, inspection reports, zoning variance application and related documents and general papers on two apartment buildings Oliver owns inside village limits. One is the former Respite Villa, Inc., a home for over 30 retarded adults at 89-91 Chestnut St. and the old village Synagogue at 31 Lincoln Place.

“The Oliver file reportedly contains a letter from Dr. Edward Tangney, Respite Villa director, to Como citing local building code violations at the dwelling since the institution was a tenant. The two-story Chestnut Street building, the former Benjamin Yeager estate housed Respite Villa residents from August, 1970 until August 1973 when Tangney broke a lease and moved his operation to Glen Spey. The letter said that Tangney attempted but failed to get Oliver to make ‘basic building safety improvements’ including the addition of fire escapes. Tangney, interviewed by telephone Monday from Glen Spey, declined to talk to reporters.

“Kostoff, who has been designated by the village board to ‘coordinate’ a Liberty probe into the fire and into lackadaisical building code enforcement in general here said he had been ‘unable to make contact with him (Tangney) Tuesday. I presume the state police already has.

“Scheinman said the file was a ‘public record’ and would be ‘made available to the press as soon as investigators were through with it. He would not comment on specifics of the Oliver testimony. The records, Kostoff said, would be returned to his hands Wednesday ‘and then (the press) can review them.’

“Oliver could not be located Tuesday for comment. ‘Investigators were reportedly questioning Oliver closely on several zoning ode variances he asked for on the two properties in recent years and Como’s role in dealing with them,’ sources revealed. Zoning board of appeals chairman Fred Vollmer was unavailable for comment.

“One village hall source said Tuesday Como’s records, ‘like those in a lot of small towns are a mess if you went into them. There was no systematic means of inspection, no follow-ups. Inspection reports, in many cases, were done improperly or not at all.’” (Times Herald Record, Middletown, NY. “Police, DA scan Liberty building inspector’s records.” 2-6-1974, p. 5.)

Feb 28: “Monticello – Sullivan County’s Fire Advisory Board has named a committee to develop a plan for a countywide fire inspector. The plan was outlined this week by Mamakating Supervisor Dennis Greenwald, county board of supervisors advisory board representative. ‘It always takes a tragedy to bring our problems to light,’ Greenwald said. He referred to the Jan. 24 fire in Liberty that claimed the lives of 10 living in a South Main Street apartment building.

“Greenwald admitted that building inspectors and fire inspectors often are political appointments. He told the advisory board that 12 supervisors at a recent informal discussion favored county authority. ‘If the local inspector shirks his duty then the county inspector can press for compliance,’ Greenwald said. He suggested the job be nonpolitical with the appointment made through civil service examinations. ‘Sullivan County is the same as any other county.’ Greenwald said. ‘We have a lot of old buildings that are fire hazards that nobody wants to do anything about it to upset the apple cart. A lot of the problems are political. He claimed many inspectors are chosen because they are part of a ‘political payoff’ and he said, ‘there are lay people given these who don’t know what they are doing.’….” (Times Herald Record, Middletown, NY. “Sullivan fire board eyes county inspector.” 2-28-1974, p. 38.)

Oct 18: “Monticello – Liberty’s former building inspector and the owner of a building in which 10 persons died in a pre-dawn blaze Jan. 24 were indicted Thursday morning on charges of second-degree manslaughter and criminally negligent homicide. They were arraigned in Sullivan County Court Thursday afternoon after being arrested by state police. The grand jury also returned a sealed report on the case.

“John Giangiacomo, 51, also known as John Como, the ex-inspector, and Max Vogel, 67, owner of the three-story building at 122 E. Main St., were indicted on 10 counts each on both charges and pleaded not guilty. The indictments were handed up by a county grand jury which began its inquiry into the fire last March. County Court Judge Benjamin Newberg set bail for Como at $15,000 with $3,500 secured by Como’s equity in his house and the rest unsecured. Como was released Thursday after a brief stay in Sullivan County Jail while paperwork for the bail was completed. Vogel’s bail was set at $15,000 with $10,000 to be secured. Late Thursday he was still in county jail.

“The manslaughter charges against Como allege he had inspected the building and was aware that it had no fire escapes or sprinklers, ‘constituted a fire hazard, was illegally converted, occupied and used as a multiple dwelling’ and didn’t allow occupants a way out in case of fire. He is charged with failure ‘to issue summonses to the owner, file information or obtain and secure injunctive relief’ as required by his job and ‘otherwise failed to perform his duties as a building inspector.’ The criminal negligence charges claim Como ‘failed to perceive the substantial and unjustifiable risks’ in the building’s condition. The inspector ‘had a legal duty of awareness that a fire could occur,’ the indictment said.

“In the manslaughter charges Vogel allegedly ‘recklessly disregarded his obligations to remove and correct the hazardous, dangerous and illegal conditions known by him to be in existence.’ The homicide charges read the same except for the substitution of the negligently for recklessly. Vogel ran a clothing and used furniture business on the first two floors of the building.

“Each of the 10 manslaughter counts against each defendant names a separate fire victim. The same victims are again named in the homicide counts. Dist. Atty. Emmanuel Gellman said a conviction on one charge regarding one victim would rule out conviction on the other charge. Maximum penalty for conviction on each count of second-degree manslaughter, a Class C felony, is 15 years in prison, Gellman said. Criminally negligent homicide is a Class E felony with a maximum four-year prison term, he said. The D.A. said he couldn’t tell when the cases might come to trial.

“The grand jury also handed Newberg a separate sealed report on its investigation into the fire. Newberg will determine whether the report will be made public before any trial of the defendants. If he feels the report may prejudice potential jurors against the defendants it will not be released until after the trial.

“Gellman said the reason the report and indictments were seven months in coming is that there was ‘a tremendous amount of evidence, testimony and investigation’ necessary. About 20-25 witnesses testified to the panel, which met once a week, Gellman said. Some of the witnesses had left the are after the fire and had to be located, he said, and state experts such as boiler inspectors who were familiar with the building had to be brought in….

“Authorities said Como was dismissed as building inspector because he had failed to report a 1959 petit larceny arrest on his application for the job….” (Times Herald Record, Middletown, NY. “Manslaughter, negligence charged in Liberty fire.” 10-18-1974, p. 3.)

Sources

Associated Press. “Eight die in fire at Liberty.” The Oneonta Star, NY. 1-25-1974, p. 1, col. 1. Accessed 12-19-2021 at: https://newspaperarchive.com/oneonta-star-jan-25-1974-p-1/

Daily Freeman, Kingston, NY. “Boy Born to Fire Survivor.” 1-28-1974, p. 1. Accessed 12-20-2021 at: https://newspaperarchive.com/kingston-daily-freeman-jan-28-1974-p-1/

National Fire Protection Association. “Multiple-Death Fires, 1974,” Fire Journal Vol. 69, No. 4, p. 10.

Sunday Freeman, Kingston, NY. “Liberty Fire Toll Now at 10.” 1-27-1974, p. 1. Accessed 12-20-2021 at: https://newspaperarchive.com/kingston-sunday-freeman-jan-27-1974-p-1/

Times Herald Record, Middletown, NY. “Fire insurance canceled 6 years ago…” 1-29-1974, p. 3. Accessed 12-20-2021 at: https://newspaperarchive.com/middletown-times-herald-record-jan-29-1974-p-7/

Times Herald Record, Middletown, NY. “Firemen blamed for deaths.” 2-1-1974, p. 8. Accessed 12-20-2021 at: https://newspaperarchive.com/middletown-times-herald-record-feb-01-1974-p-16/

Times Herald Record, Middletown, NY. “Inspector knew Vogel rented rooms without certification.” 1-30-1974, p. 9. Accessed 12-20-2021 at: https://newspaperarchive.com/middletown-times-herald-record-jan-30-1974-p-17/

Times Herald Record, Middletown, NY. “Low income homes sought in wake of Liberty fire.” 2-5-1974, p. 3. Accessed 12-20-2021 at: https://newspaperarchive.com/middletown-times-herald-record-feb-05-1974-p-9/

Times Herald Record, Middletown, NY. “Manslaughter, negligence charged in Liberty fire.” 10-18-1974, p. 3. Accessed 12-20-2021 at: https://newspaperarchive.com/middletown-times-herald-record-oct-18-1974-p-9/

Times Herald Record, Middletown, NY. “Police, DA scan Liberty building inspector’s records.” 2-6-1974, p. 5. Accessed 12-20-2021 at: https://newspaperarchive.com/middletown-times-herald-record-feb-06-1974-p-9/

Times Herald Record (Charlie Crist and Jeffrey Page). Middletown, NY. “Search still on for 2 missing in Liberty fire.” 1-26-1974, p. 3. Accessed 12-20-2021 at: https://newspaperarchive.com/middletown-times-herald-record-jan-26-1974-p-3/

Times Herald Record, Middletown, NY. “Sullivan fire board eyes county inspector.” 2-28-1974, p. 38. Accessed 12-20-2021 at: https://newspaperarchive.com/middletown-times-herald-record-feb-28-1974-p-50/

Times Herald Record, Middletown, NY. “Vogels transfer 2 properties to son in wake of fatal fire.” 2-1-1974, p. 8. Accessed 12-20-2021 at: https://newspaperarchive.com/middletown-times-herald-record-feb-01-1974-p-16/