Relative Claims Negligence in Fatal NY Fire

April 24 -- A relative of the Yorkville woman and child killed in a fire earlier this year is taking legal action, claiming the village fire department did not do enough to save their lives.

Heather Mishlanie and her 6-year-old daughter Taylor were killed after the Jan. 18 fire ravaged their upstairs apartment at 95 Campbell Ave.

The Yorkville Fire Department, which had command, and the Whitesboro Fire Department were the initial responders, while 911 records show three others were called approximately seven minutes later. That did not include the Utica Fire Department, which has a fire station fewer than 2 miles from the Campbell Avenue residence.

That decision to call only volunteer fire departments cost "valuable" time and, ultimately, the lives of Heather and Taylor Mishlanie, according to the notice of claim from Christopher Mishlanie, who is Taylor Mishlanie's father and Heather Mishlanie's ex-husband.

"If Utica was called and allowed access into that building, we could've had different results here," said attorney David Longeretta, who is representing Christopher Mishlanie.

The notice of claim is for the wrongful death of Taylor Mishlanie, according to the document. Christopher Mishlanie is identified as the proposed executor of Taylor Mishlanie's estate. He and Heather Mishlanie maintained a close relationship despite their divorce, Longeretta said.

Longeretta said he has engaged several experts specializing in the cause and origin of fires, forensic pathology firefighting tactics and other relevant topics. The negligence claim, he said, is against "the department and those in charge, not the boots-on-the-ground firefighters that are entering buildings and risking their lives."

The document was served earlier this month. While it is not a lawsuit, it could lead to one if the parties are unable to reach a resolution or settlement.

Yorkville village Attorney John Dillon could not be reached for comment. A call to the Yorkville Fire Department for Fire Chief Joseph Morosco was not immediately returned.

How we got here

Yorkville First Assistant Chief Nick Morosco, who was the on-scene coordinator for the 95 Campbell Ave. fire, said a week after the fire that firefighters "did everything humanly possible" to save the mother and daughter.

He has said Yorkville firefighters were stalled during the initial response by a frozen fire hydrant that was, for a time, inoperable. Further, there were no smoke detectors on the second floor of the 2-1/2 story home, which Nick Morosco called "the main cause" of Heather and Taylor Mishlanie's deaths.

Longeretta said he is investigating the issues linked with the lack of smoke alarms as well as the means of ingresses and egresses to and from the apartment — only one, according to the notice of claim — and the cause and origin of the fire.

"All of those codes issues could potentially fall back on the property owner," Longeretta said.

The property at 95 Campbell Ave. is owned by Christopher Mineo. Mineo declined to comment when reached Monday.

While fire apparatuses were available and in service at the Utica Fire Department's Whitesboro Street fire station, Nick Morosco said at the time that Utica "wouldn't have made a difference."

"If I was having issues, like manpower issues ... I would have called the city," he said previously. "That was a judgment call I made. I didn't need them."

The Utica Fire Department later assisted the New York State Police and the state Office of Fire Prevention and Control with the subsequent fire investigation, which recently concluded that the blaze was caused by faulty electrical wiring, said Trooper Jack Keller.

Christopher's Mishlanie's notice of claim alleges it took between 12 to 18 minutes for the volunteer companies to assemble. John Kelly, temporary Utica fire chief, said at the time that his department's response time typically depends on what's requested and the location.

For citywide calls, Kelly said the average is three to four minutes from the time the call comes in to the arrival on the scene. He declined to comment when reached Monday.

A 'political' battle?

The negligence claim comes about two months after Longeretta filed a court motion for pre-action discovery, seeking certain information from Oneida County Emergency Services and the responding departments to allow further investigation.

That information included dispatch calls, written correspondence and other communication between the fire departments and Oneida County 911 along with any relevant media, the names of responding personnel, narrative reports and more, according to court documents. State Supreme Court Judge Erin Gall issued the order in March.

"Information that I've received thus far shows an indication that the Oneida County 911 Emergency Services had made multiple requests prior to this for the Yorkville Fire Department to add the Utica Fire Department to the first responders list and they did not do that," Longeretta said. "They refused to do that."

Like most fire departments, Yorkville has an automated response system that allows dispatchers to automatically dispatch pre-determined agencies to fires in certain locations. Utica is not on Yorkville's list.

A similar situation occurred in January 2016 when a fire broke out at 2203 Whitesboro St. in Yorkville, though nobody was injured in that incident. Utica was called 20 minutes after the initial call.

"I think the overriding issue here is a political battle which resulted in the loss of two very precious lives," Longeretta said.

An Oneida County spokesman declined to comment Monday. In his March 2016 State of the County address, however, Oneida County Executive Anthony Picente alluded to the Whitesboro Street blaze when discussing governmental consolidation.

"Imagine you're standing outside watching your house burn to the ground," Picente's address reads. "The closest fire department was mere blocks away and wasn't called to the fire for nearly a half hour. Why? Parochialism? Volunteer vs. paid? Village vs. city? Allegiances to institutions this community can no longer afford? A family lost their home. Residents and firefighters were put in unnecessary danger. When do we stop this? When someone dies?"

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