Holland’s zing at Mexico over World Cup game called racist

A screenshot of KLM's tweet that has since been taken down.Photo: Twitter

It wouldn't be the World Cup without a little bad sportsmanship or racist stereotyping, would it?

Critics say Dutch airline KLM pulled off both p.r. offenses in one tweet, moments after the Netherlands netted two late goals in a 2-1 victory over Mexico on Sunday.

KLM tweeted "Adios Amigos! #NEDMEX" next to an airport "Departures" sign — with the image of a sombrero over a mustache. The offensive tweet was taken down shortly after.

KLM flies into 17 Mexican cities.

Mexican actor Gael García Bernal fired back a tweet in Spanish, which translated to, "I'm never flying your shi–y airline again."

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Republicans hoping voters are sick with ‘Hillary fatigue’ by 2016

Republicans are banking on voters having "Hillary fatigue" in the 2016 presidential race.

Republican National Committee Chairman Reince Priebus said Sunday that the public is already sick of Hillary Rodham Clinton — especially after the deadly Benghazi attack and her recent gaffes discussing personal wealth.

"People are kind of tired of this show, quite frankly," he told NBC's "Meet the Press." "There's Hillary fatigue out there. It's setting in."

"This early run for the White House is going to come back and bite them, and it already is."

Meanwhile, Bill Clinton, also on "Meet the Press" Sunday, questioned Republicans' outrage over the 2012 attack on the US mission in Benghazi, Libya.

He singled out Sen. Rand Paul (R-Ky.), also a potential 2016 contender, who has said Hillary's handling of the attack should disqualify her as a presidential candidate.

"Rand Paul," Bill said, "when 10 different instances occurred when President Bush was in office where American diplomatic personnel were killed around the world, how many outraged Republican members of Congress were there? Zero."

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50,000 use new app to order handicapped-accessible cabs

The city's handicapped-accessible taxi program, where wheelchair and scooter-bound passengers can order yellow cabs using a smartphone, has been a success with more than 50,000 people taking advantage of the service is it's first year and a half, according to data obtained by The Post.

That's more than 150 a day and other cities like San Francisco and Chicago are studying New York's system to better tailor their fleets to disabled passengers.

"They're blown away," said Victor Calise, commissioner of the Mayor's Office for People With Disabilities. "Others cities are moving toward this model."

The taxi dispatch program launched a year and a half ago, and wait times continue to plunge as more accessible cabs hit city streets.

Users of the program can also order an accessible cab through text message, the website, or calling directly.

Currently, more than 600 accessible taxis serve wheelchair-bound New Yorkers — up from 231 cabs when the program launched in 2012.

"It's making a very real difference in people's lives," said TLC Commissioner Meera Joshi.

That number is only expected to increase after a landmark court settlement last December pushed the city to convert half its fleet into accessible taxis by 2020.

Mark Stecker, who writes the blog Wheelchair Kamikaze and has multiple scleoris, says more accessible taxis have given him more freedom . "[It] has really been a game changer for me," he said.

Though all city buses are wheelchair accessible, many subway stations can't accommodate wheelchairs.

"We certainly should have equal opportunities at getting cabs," said advocate Edith Prentiss. "I'm not saying things are perfect, but it's an improvement."

Cabbies are reimbursed for the time they spend traveling to pick up handicapped passengers.

Naomi Torrisi, who started using the service to help her 96-year-old mother to travel to doctor's appointments, was the 50,000th passenger.

"The cabs have been comfortable and state of the art," she said.

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The 22 best and worst moments of the BET Awards

Stars turned out in droves for Sunday night's BET Awards, honoring the best work of the last year by African Americans in entertainment. Basically one giant party, the show was full of ups and downs. From Chris Brown's nightie to Usher's epic medley, here are the best and worst moments of the night.

The Best

As the host, Chris Rock killed it.

Photo: Getty Images

The funny man started the night out with a bang, declaring the BET Awards "the Black World Cup" and tackling everything from the Solange elevator incident to Donald Sterling's racism in the opening monologue. The true mark of a successful joke though is one that p—-s someone off, which Rock managed to do when he poked fun at the very large Rick Ross' attempt to cash in on headphones like Dr. Dre, naming them "Dia-beats." He later zinged him two more times. Ross was not a fan.

August Alsina got emotional.

Photo: FilmMagic

It's always nice to see that people actually care about these things. Alsina set a tone after winning the first award of the night for best new artist, letting the tears flow.

Gary Owen and Mike Tyson hit it off.

Photo: Getty Images

In the banter before presenting an award, Tyson asked Owen how it felt to be the token white guy in the new movie "Think Like A Man Too." He replied, "It's kind of like being the token black guy in the Hangover movies, Mike." Somebody wrote the bit for them, of course, but it was good nonetheless. Somebody put these guys in a buddy cop movie.

Kenya Moore got a moment in the big leagues.

Photo: Reuters

The "Real Housewives of Atlanta" star not only got to utter her catchphrase — "gone with the wind fabulous" — she got to do it while holding a scepter, the very item that got her in the middle of a legendary beat-down at the show's most recent reunion. It lasted three seconds, but hey, people know who you are, Kenya Moore! You win reality TV.

White people were dumb.

In a pre-taped segment, Chris Rock visited the whitest place he could think of, a monster truck rally, to ask white people questions about the BET Awards. Unsurprisingly, they didn't know very much, save for one friendly redneck who knew the lyrics to Drake's "Started From the Bottom" and as a result, most likely got laid Sunday night.

Usher threw it back.

Photo: Getty Images

For reasons unknown, Usher presented a medley of his greatest hits, including "Confessions," "U Remind Me" and "Caught Up." We're not saying it had anything to do with no one caring about his new song "Good Kisser," also included in the set, but we're not not saying it.

Kevin Hart auditioned for "Scandal."

Photo: FilmMagic

In a bit in which he "crashed" Kerry Washington's presentation of an award, Hart introduced himself as "Oliver Pope," Olivia Pope's long lost brother on her hit show "Scandal." This needs to actually happen.

Jennifer Hudson looked all sorts of fine.

Photo: Reuters

She sang two songs, but what you really need to see is that body in that dress. A million women across the nation immediately signed up for Weight Watchers.

Nicki Minaj was bats–t per usual.

Photo: FilmMagic

In a reference to the music video for her latest single "Pills N Potions," Minaj rapped alongside someone dressed in a full bunny costume. If that wasn't random enough, she also rose out of a giant mushroom and brought out a random chick who danced around in a Britney-at-the-VMAs nude bodysuit. Later, she was in fine form as she accepted her award for best female hip hop artist, throwing shade at some unnamed rappers. "When you hear Nicki Minaj spit, Nicki Minaj wrote it," she snapped before making a face only a GIF could love.

But Beyonce and Jay Z were the best, obviously.

The king and queen of music closed out the night off-site straight from their "On The Run" tour with "Partition," and it was everything America wanted and needed. Bow, slay, praise Jesus, etc.

The Worst

Pharrell missed a major opportunity.

Photo: Getty Images

To open the show, he performed his song "Come Get it Bae" and brought out Missy Elliott to join him. That's great and all, but the song features Miley Cyrus. How are you going to not have Miley Cyrus perform at the BET Awards? Think of the cultural appropriation! Think of the think pieces!

Also, Pharrell wore UGGs.

Photo: UPI ; Getty Images

To accept his awards and to introduce a tribute to Lionel Richie, the "Happy" singer took to the stage in every sorority sister's favorite form of footwear. We've let you make the Arby's hat a thing, dude, but don't push it.

Speaking of questionable attire, Usher wore his raccoon hat.

Photo: UPI

Yep, he's still trying to make roadkill happen.

There was a really stupid sideways moving walkway.

It brought out all the presenters from backstage — only a few feet, mind you — at a glacial pace. Not only was it pointless, it brought about memories of the airport, which is never okay.

Lupita Nyong'o was a no-show.

Photo: Getty Images

She won for best actress, but she wasn't there to accept it. Viewers on Twitter had plenty to say about it. (For the record, fellow winner Drake wasn't there either.)

Paris Hilton didn't perform.

Photo: FilmMagic

More than once, Chris Rock called out the seemingly random attendance of pop sensation Paris Hilton ("Wow, you are getting your Kardashian on tonight," he cracked.) Actually, music genius Paris Hilton is signed to Birdman's Cash Money Records, and she just filmed two new music videos. It is a shame and crime against music that she did not perform.

There was a painfully long and boring tribute to Lionel Richie.

Photo: WireImage

He won a lifetime achievement award, which meant we were subjected to like a billion minutes of him, including a second John Legend performance, in case you didn't fall asleep the first time he sat at a piano. The whole thing went on for so long it started to feel like an entirely different show, said one really clever Twitter user.

And they didn't even spell his name right.

Congrats on your win, Lionel Ritchie!

Chris Brown is still a thing.

Photo: Getty Images

Noted terrible person Chris Brown got his song and dance on to "Loyal" while wearing what was pretty much a flannel nightgown. Chris Rock summed it up, saying that the criminal was "dancing like he's free."

Poor Keke Palmer spent a lot of time talking about hashtags.

Photo: Getty Images

When will these shows realize there is nothing interesting about watching someone talk incessantly throughout the night about social media in bumpers before commercial breaks. We get it. People tweet about things that are on TV. Next. Also, tangentially, this was very accurate:

Robin Thicke is still creepin'.

Photo: FilmMagic

He opened his performance by dedicating the song to his ex, Paula Patton, who he allegedly cheated on, saying "I love you, and I miss you." At what point is this just straight up stalking?

Somewhere in the middle

Not black person Iggy Azalea brought it hard.

Photo: FilmMagic

The Australian rapper joined T.I. for their addictive team-up "No Mediocre" before seguing into her Billboard chart topper "Fancy." Although in no way a black entertainer, she is very talented, so we guess this one's a toss-up. Whatever, by now, she's in the fast lane to Tokyo.

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Panel: Pistorius was not mentally ill when he killed girlfriend

PRETORIA, South Africa (AP) — A panel of mental health experts has concluded that Oscar Pistorius was not suffering from a mental illness when he killed girlfriend Reeva Steenkamp in his home last year, the chief prosecutor at the athlete's murder trial said Monday.

Pistorius' trial resumed after a break of one month during which a psychologist and three psychiatrists also assessed whether the double-amputee runner was capable of understanding the wrongfulness of his act when he shot Steenkamp through a closed toilet door.

The panel's reports were submitted to Judge Thokozile Masipa, and prosecutor Gerrie Nel referred to key parts of the conclusions, noting that the experts believed Pistorius was "capable of appreciating the wrongfulness of his act" when he killed Steenkamp, a 29-year-old model.

The evaluation came after a psychiatrist, Dr. Merryll Vorster, testified for the defense that Pistorius, who has said he feels vulnerable because of his disability and long-held worry about crime, had an anxiety disorder that could have contributed to the killing in the early hours of Feb. 14, 2013. He testified that he opened fire after mistakenly thinking there was a dangerous intruder in the toilet.

Reeva SteenkampPhoto: AP

Prosecutor Gerrie Nel has alleged that Pistorius, 27, killed Steenkamp after a Valentine's Day argument, and has portrayed the Olympic athlete as a hothead with a love of guns and an inflated sense of entitlement. But he requested an independent inquiry into Pistorius' state of mind, based on concern the defense would argue Pistorius was not guilty because of mental illness.

Pistorius faces 25 years to life in prison if found guilty of premeditated murder, and could also face years in prison if convicted of murder without premeditation or negligent killing. He is free on bail.

Pistorius was evaluated as an outpatient at Weskoppies Psychiatric Hospital in Pretoria, the South African capital. He has been staying at the upscale home of his uncle.

Later Monday, defense lawyer Barry Roux called surgeon Gerald Versfeld, who amputated Pistorius' lower legs when he was 11 months old, to testify about the runner's disability and the difficulty and pain he endured while walking or standing on his stumps without support. Pistorius was born without fibulas, the slender bones that run from below the knee to the ankle.

At Roux's invitation, Judge Masipa and her two legal assessors left the dais to closely inspect the stumps of Pistorius as he sat on a bench.

The athlete was on his stumps when he killed Steenkamp, and his defense team has argued that he was more likely to try to confront a perceived danger rather than flee because of his limited ability to move without prostheses. Versfeld noted that Pistorius' disability made him "vulnerable in a dangerous situation."

During cross examination, Nel questioned Versfeld's objectivity and raised the possibility that Pistorius could have run away from a perceived intruder on the night of the shooting. He also said Pistorius rushed back to his bedroom after the shooting and made other movements that indicated he was not as hampered as Versfeld was suggesting.

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Boiler room fire forces cruise ship back to port

SEATTLE — A fire in the boiler room of a cruise ship carrying nearly 3,000 people prompted the vessel to return to port in Seattle, officials said.

Holland America said that there were no injuries among the passengers and crew of the Westerdam from Saturday's blaze.

"A small fire in one of the boiler rooms" that occurred after the vessel set sail was quickly extinguished, the company said.

Public Relations Vice President Sally Andrews said early Sunday that after the fire the Coast Guard inspected the ship and cleared it to sail again, which could occur before dawn.

"We anticipate it will be before the morning," she told The Associated Press.

The Seattle Times reported that the flames broke out around 5 p.m. PDT as the vessel was in Puget Sound near Kingston, according to Coast Guard petty officer George Degener. The crew knocked the fire down, but a while later it restarted.

A combination of high-pressure mist and crew members with hoses extinguished the fire, Kyle Moore, spokesman for the Seattle Fire Department, told the paper. The city dispatched a fireboat, and a few units to the Pier 91 cruise terminal, as a precaution.

Holland America brought the ship back "out of an abundance of caution and in cooperation with the U.S. Coast Guard," a company statement said.

No evacuations were needed, firefighters reported.

The Westerdam was beginning a 7-day Alaska cruise with 2,086 passengers and 798 crew members onboard when the blaze occurred.

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Drunk texting is hazardous to your phone

Have you ever accidently dropped and damaged your mobile phone after you've had one too many? If so, don't fret — you're hardly alone.

A new study conducted by CouponCodesPro.com reveals that one in three American iPhone owners is using a damaged handset and 47 percent of those phones were messed up by people who were, well, messed up on booze and sloppily dropped their phone on a hard surface.

Besides the influence of alcohol, the most common causes of damaged phones were young children (19 percent), clumsiness (17 percent), water (9 percent) and pets (4 percent), the study by the money-saving Web site found.

Researchers polled a total of 2,487 US citizens ages 18 and up. All participants owned an iPhone at the time of the poll, and had for at least six months previously.

When all respondents were asked if the iPhone they were using at the time of the poll was damaged in any way, including cracked or scratched screens, 34 percent responded that it was. One-fifth of these said that they had scratched the plastic or metal outer casing of their handset, with 9 percent saying their iPhone had been affected by water damage.

When asked why they had not yet had their iPhone repaired, the majority of the relevant respondents (71 percent) admitted that they would not want to pay for the repair, while 14 percent said that they planned to fix the problem the next time they had the money.

Of those polled who had a damaged iPhone, 27 percent said a protective case was attached to the iPhone when the damage occurred.

The majority (61 percent) of iPhone owners whose models were most easily damaged, or the most likely to be used when damaged, had either an iPhone 5, 5c or 5s, while 32 percent had an iPhone 4 or 4s model. The remaining 7 percent either had an original iPhone, an iPhone 3G or an iPhone 3GS model.

"It's a sad fact that phones of all makes and models are damaged across America every hour of every day," George Charles, financial spokesperson for CouponCodesPro.com, said. "However … we have noticed a significant increase in the number of visitors searching for iPhone repairs when compared to any other kind of handsets."

Could it be that something about the iPhone drives its users to drink?

Just sayin'.

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Billionaire investor’s family has acting on the mind

Billionaire activist investor Nelson Peltz's family seems to have acting, not investing, on their minds.

Peltz, the founder of Trian Fund Management, will see his daughter, Nicola Peltz, 19, play Mark Wahlberg's daughter Tessa Yeager in "Transformers: Age of Extinction," opening Tuesday.

In a promotional YouTube video posted last week, Nicola said the relationship in the role is similar to the one she has with Nelson.

"My favorite part of the whole movie, you know, having to do with my character is the father/daughter relationship because I'm so close with my dad. I think it's so important to have a strong dad."

Peltz has had TV gigs and smaller roles in films such as "The Last Airbender."

She's not the only one bit by the acting bug in the family; Her brother William Peltz is also an actor.

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Higher education has lower returns for college endowments

Nearly two months after most US college students took their finals, the nation's college and university endowments are closing the books on their fiscal year.

For the most part, the men and women who manage higher education's nest eggs get a C at best. When it comes to investing, summer school is in order.

Although the final results won't be in for several months, college endowments — especially those of the nation's elite universities — have been sorely underperforming the stock market averages over the five-year period ending last June.

While the S&P 500 has posted a meaty 18 percent annualized return in the five years from June 2009 to 2013, almost every Ivy League school, from Harvard to Yale to Penn, barely achieved a third of those results. Columbia University, the best of the bunch, racked up returns of just 6.8 percent, while Stanford clocked in at just over 3 percent.

The shoddy returns helped speed the departure of Jane Mendillo, the head of Harvard Management Co., earlier this month. She will step down at the end of the year.

As it bid Mendillo adieu, the university made a point to underscore her contributions to "sustainable investing." As investment gains lag across the university landscape, money for scholarships and building projects have tightened as well.

How did the performance gap between the smart and the supposedly smartest of the smart become so wide?

Well, because the latter tried to outsmart the empirical data that show it's nearly impossible to beat an index fund in the long run.

These über-managers have gone full bore into the most illiquid of investments — from private equity to real estate to hedge funds. While the Mensa crowd running these endowments didn't mind paying outsized fees for these alternative investments, the returns have been dismal and it's not easy to get out and correct course.

It's little wonder that with only 16 percent of their holdings devoted to the best asset category of the past six years — US stocks — the overall portfolios have been treading water trying to go against the Federal Reserve's asset bubble.

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North Korea fired more short-range missiles: Seoul

SEOUL, South Korea — North Korea fired two short-range Scud missiles into its eastern waters Sunday, a South Korean official said, in an apparent test just days after the country tested what it called new precision-guided missiles.

A South Korean military official, who spoke on condition of anonymity, citing department rules, said the missiles were fired from Wonsan and are presumed to be short-range Scud ballistic missiles. The official added that the military is determining what kind of Scud missiles the projectiles were. South Korean media quoted officials as saying the missiles are presumed to be Scud-C missiles, the same as ones fired in March. North Korea fired the missiles without designating no-sail zones, which the South Korean military views as provocative.

North Korea regularly test-fires missiles and artillery, both to refine its weapons and to express its anger over various developments in Seoul and Washington. North Korea has in recent days criticized alleged South Korean artillery firing drills near a disputed maritime boundary in the Yellow Sea that has been the scene of several bloody skirmishes between the rival nations in recent years. The missile displays also come days before the leader of North Korea's only major ally, Chinese President Xi Jinping, is set to meet with South Korean President Park Geun-hye. Seoul and Beijing have long pressed North Korea to abandon its nuclear weapons ambitions.

North Korea said Friday that leader Kim Jong Un guided test launches of a newly developed precision-guided missiles, in a likely reference to three short-range projectiles South Korean officials say the North fired a day earlier.

It's not possible to tell if this assertion about the new missiles is an exaggeration, something North Korea has frequently done in the past when trumpeting its military capability, analysts say. Its army is one of the world's largest but is believed to be badly supplied and forced to use outdated equipment.

Still, the impoverished North devotes much of its scarce resources to missile and nuclear programs that threaten South Korea, Japan and tens of thousands of U.S. troops in the region. Outside analysts say North Korea has developed a handful of crude nuclear devices and is working toward building a warhead small enough to mount on a long-range missile, although most experts say that goal may take years to achieve.

After a brief period of warming ties earlier this year, animosity has risen on the Korean Peninsula. North Korea has in recent months threatened South Korea's president, calling her a prostitute, and the South has vowed to hit North Korea hard if provoked. Pyongyang conducted a series of missile and artillery tests earlier this year in response to annual U.S.-South Korean military exercises it says it considers preparations for an invasion. North Korea also test-fired two medium-range ballistic missiles and exchanged artillery fire with South Korea near the disputed boundary in the Yellow Sea.

On Thursday, North Korea's army accused South Korea of firing shells into the North's waters near the sea boundary.

Both Koreas routinely conduct artillery drills near the maritime boundary. A North Korean artillery attack in 2010 killed four South Koreans on a front-line Yellow Sea island.

The Korean Peninsula is still technically in a state of war because the 1950-53 Korean War ended with an armistice and not a peace treaty.

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Prized point guard Isaiah Briscoe narrows list to seven schools

What do St. John's, Seton Hall and Rutgers have in common with Villanova, Arizona, Louisville and UConn?

It's not a recent winning pedigree, but it could lead to one down the road.

It's Isaiah Briscoe, the highly-ranked 6-foot-3 New Jersey point guard from Roselle Catholic.

The rising senior cut his list to seven Friday afternoon, and included the three locals in that group. His father, George, said all three are "appealing" for different reasons.

Rutgers because it is moving into the Big Ten and its head coach, Eddie Jordan, was a former NBA player and head coach. Seton Hall's top incoming freshman, Isaiah Whitehead, is best friends with his son and Kevin Willard has the program in the right direction. He was particularly effusive in his praise of St. John's and Steve Lavin.

"You got Lavin, you got New York waiting for a winner, you got Isaiah Briscoe who's big in New York but lives in New Jersey, and you got the whole backcourt leaving," George Briscoe said. "You're playing at the Garden. That's appealing. I don't care what anybody says. That's very appealing to be right there in New York."

With that said, the four other programs have plenty of positives on their side, NCAA titles and Final Four berths to use as collateral. Arizona was seen as a favorite before landing California point guard Tyler Dorsey. And after Dorsey recently de-committed, the Wildcats have rejoined the fray. Furthermore, Briscoe got to know Arizona head coach Sean Miller well with the USA Under-19 national team, where Miller was an assistant coach.

One goal is for Briscoe to reach the NBA, and Villanova head coach Jay Wright has a history of producing NBA guards with the skillset and size of Briscoe, including Newark product Allan Ray. Louisville is a national powerhouse with a Hall of Fame coach in Rick Pitino who has impressed the family and UConn is coming off a national championship.

George Briscoe said the plan is to visit all seven schools before trimming the list to three at the end of the summer and making a decision in the fall. Landing his son would be a coup for anyone involved, a playmaking guard ranked 13th in the country by Rivals.com and a possible McDonald's All-American who recently won a gold medal with the national team in Colorado Springs, Colo.

"Everybody will have their shot to impress him, we'll talk about it as a family and we'll cut it down," George Briscoe said. "It's about relationships, it's about who he feels comfortable with. We already know the coaches. It's about visiting the campuses one more time and having family conversations."

---

New Heights and Iona Prep point guard Ty Jerome visited Fordham and Temple on Friday while AAU teammate Nakye Sanders, a forward from Tottenville on Staten Island, visited LaSalle on Friday, Temple Saturday and will trip to VCU on Monday.

Rutgers has hired former NBA assistant coach Mike O'Koren and former FDU head coach Greg "Shoes" Vetrone to fill their vacant assistant coaching positions.

Rutgers picked up a late verbal commitment from former Pittsburgh commit Shaquille Doorson of the Canarias Basketball Academy in Spain on Wednesday, while Florida power forward Leroy Butts de-committed from Rutgers.

Highly recruited Bronx forward Jonathan Nwankwo landed a scholarship offer from Tennessee on his visit there on Wednesday, and will see Drexel, Temple and George Washington this weekend.

Long Island big man Cheick Diallo, a top five ranked rising senior and St. John's target, is visiting Kentucky this weekend.

Hofstra freshman Chris Jenkins received his release to transfer on Wednesday.

Queens guard Justin Wright-Foreman of HS of Construction landed a scholarship offer from Iona on Tuesday.

New Heights rising juniors Gianni Ford and Christian Wilson visited Stony Brook on Monday.

Football

Rutgers picked up a verbal commitment from Erasmus Hall linebacker Deonte Roberts, who picked the Scarlet Knights over Central Florida, Boston College, Syracuse and UConn.

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Missing jet passengers likely suffocated before plunge

The passengers and crew of the missing Malaysia Airlines Flight MH370 most likely died from suffocation and coasted lifelessly into the ocean on autopilot, a new report released by Australian officials on Thursday said.

In a 55-page report, the Australian Transport Safety Board outlined how investigators had arrived at this conclusion after comparing the conditions on the flight with previous disasters, although it contained no new evidence from within the jetliner.

The report narrowed down the possible final resting place from thousands of possible routes, while noting the absence of communications and the steady flight path and a number of other key abnormalities in the course of the ill-fated flight.

"Given these observations, the final stages of the unresponsive crew/hypoxia event type appeared to best fit the available evidence for the final period of MH370′s flight when it was heading in a generally southerly direction," the ATSB report said.

All of that suggested that the plane most likely crashed farther south into the Indian Ocean than previously thought, Australian officials also said, leading them to announce a shift farther south within the prior search area.

The new analysis comes more than 100 days after the Boeing 777, carrying 239 passengers and crew, disappeared on March 8 shortly after taking off from Kuala Lumpur bound for Beijing.

Investigators say what little evidence they have to work with suggests the plane was deliberately diverted thousands of kilometers from its scheduled route before eventually plunging into the Indian Ocean.

It is highly, highly likely that the aircraft was on autopilot otherwise it could not have followed the orderly path that has been identified through the satellite sightings. - Australian Deputy Prime Minister Warren Truss

The search was narrowed in April after a series of acoustic pings thought to be from the plane's black box recorders were heard along a final arc where analysis of satellite data put its last location.

But a month later, officials conceded the wreckage was not in that concentrated area, some 1,000 miles off the northwest coast of Australia, and the search area would have to be expanded.

"The new priority area is still focused on the seventh arc, where the aircraft last communicated with satellite. We are now shifting our attention to an area further south along the arc," Australian Deputy Prime Minister Warren Truss told reporters in Canberra.

Truss said the area was determined after a review of satellite data, early radar information and aircraft performance limits after the plane diverted across the Malaysian peninsula and headed south into one of the remotest areas of the planet.

"It is highly, highly likely that the aircraft was on autopilot otherwise it could not have followed the orderly path that has been identified through the satellite sightings," Truss said.

The next phase of the search is expected to start in August and take a year, covering some 60,000 sq km at a cost of $56 million or more. The search is already the most expensive in aviation history.

The new priority search area is around 2,000 km west of Perth, a stretch of isolated ocean frequently lashed by storm force winds and massive swells.

Two vessels, one Chinese and one from Dutch engineering company Fugro, are currently mapping the sea floor along the arc, where depths exceed 5,000 meters in parts.

A tender to find a commercial operator to conduct the sea floor search closes on Monday.

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Yankees’ Kelly Johnson finally snaps his home run schneid

Kelly Johnson was among a group of Yankees taking early batting practice before Friday's series opener against the Red Sox, because the Yankees were coming off an off day.

And he believed he was close to being productive, despite being in the early stages of a slump.

"I feel good," Johnson said. "I like where I'm at. As far as the results not really being there, to be honest, I don't want to change. I feel good at the plate and the results will come."

He was right.

Johnson's fourth-inning homer in a 6-0 win was his first in nearly two months, which isn't exactly what he or the Yankees were looking for when they signed him to be their everyday third baseman — and backup first baseman.

But he has been unable to prove he can play on a regular basis against lefties and has occasionally not even played against righties during Yangervis Solarte's hot streaks.

Now that Solarte is in the midst of another brutal stretch, the Yankees could use more of what they saw from Johnson on Friday.

"I'm not going to make any excuses about playing or not playing," said Johnson, who entered the game with just two hits in his 15 previous at-bats. "I feel good. I control what I can control, whether the ball is flying out of the yard or not."

Lately, it hasn't been. Before he crushed a pitch Boston starter Brandon Workman mistakenly left on the inside part of the plate to give the Yankees a 3-0 lead, Johnson hadn't gone deep since May 3 — a stretch of 84 at-bats.

It was Johnson's fifth homer of the year and all of them have come at Yankee Stadium. Not surprisingly, four of them have been against right-handers.

Johnson still would like to get more of a chance against lefties, insisting it's not a lack of ability but a lack of opportunity that has prevented from having success.

"The left-handed thing, the only issue I have is getting to face them," said Johnson, who has just 34 plate appearances against southpaws this season, compared with 137 against right-handers. "It's about getting a comfort level. When a lefty is starting for the other team, it seems like I don't play. It's not really discouraging, but you just want to play."

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Evander Holyfield: Frustration got the better of Luis Suarez

Evander Holyfield saw replays of Luis Suarez of Uruguay biting Italy's Giorgio Chiellini on the shoulder during their recent World Cup match and probably felt pain in his ear. It was 17 years ago on Saturday when Holyfield was bitten by Mike Tyson during the third round of the infamous rematch for the world heavyweight title at the MGM Grand in Las Vegas.

Holyfield thought it was a desperate move when Tyson bit him on June 28, 1997, and says Suarez likely bit Chiellini out of similar desperation and frustration.

"I felt, it was a situation where people get frustrated and they go back to what they got by with in the past," Holyfield said this week. "When I found out [Suarez] had bitten two other people and they didn't really do anything that made a difference, he probably felt he didn't really have to change. But by this being a world-wide situation it brought a lot of attention."

Tyson was suspended for one year after biting off a chunk the size of a thumbnail from Holyfield's left ear. FIFA announced on Monday Suarez has been banned for nine international matches and from all soccer activity for four months. Holyfield wasn't among those ready to ban Suarez for life. He understands the mentality having grown up biting his big brothers during his childhood. "As a kid, my brother would get me in a head lock and if I said, 'I give' and they wouldn't let me go, I'd bite the daylights out of them," he said.

Holyfield, whose last fight was a 10th-round TKO win over Brian Nelson in 2011, said he officially will announce his retirement when he is inducted into the Nevada Boxing Hall of Fame on Aug. 9. Mentally, he retired long ago, saying at age 51, he enjoys getting paid for "talking" these days instead of taking punches.

Holyfield was in Manhattan on Thursday to announce his partnership with Dynasty Boxing headed by Dino Duva and the sons of referee Mills Lane, Terry and Tommy Lane. Holyfield will be a special advisor to Chinese heavyweight Zhang Zhilei, who will make his professional debut on Aug. 8 in Fallon, Nev. Zhilei earned a silver medal at the London Games and has been training in Nutley, N.J. since last March.

"I will learn a lot from Evander both mentally and physically," Zhilei said. "I'm very excited. This is my first fight. I'm putting everything into it."

Holyfield said his role with Zhilei will be mainly as an advisor and confidant. He has no plans to be a trainer or promoter.

He agreed to get involved with Dynasty Boxing because of his appreciation for what the Duva family did for him early in his career, taking him from Olympian to the light heavyweight championship, cruiserweight championship and eventually heavyweight championship. He fired Lou Duva as his trainer after his first loss to Riddick Bowe in 1992.

He calls that a mistake he regrets. Holyfield said he split with Duva after hearing the trainer tell someone that Holyfield lost the Bowe fight because "he let the success get to head."

Holyfield was offended and wanted to prove he could regain the title without the guidance of Duva, and co-trainer George Benton. He won the rematch with Emanuel Steward in his corner, but would lose the title again before regaining it two other times along with a minor belt, making him a five-time champion.

"I came back and beat [Bowe] in the second fight, but I never had nobody better than Lou Duva in my corner," Holyfield said. "Ever since I left Lou Duva, all the referees, everybody bothered me. I didn't know how important it was to have somebody argue for you."

That's why he wants to be there for Zhilei.

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Hondo’s home-grown action

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June 28, 2014 | 5:22am

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Hondo is letting it ride with Jon Niese and the Mets. Photo: AP

Hondo took a trip to the winner's circle Friday night when the A's took care of business against the Fish to slash his accounts payable to 1,355 youngbloods.

Saturday: Mr. Aitch will ride the locals again with Niese and Tanaka — 10 units apiece on the Metamucils and Yankees.

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Former Tennessee Senator Howard Baker, who famously asked during the Watergate hearings, "What did the President know and when did he know it?" died this week at age 88. His question remains relevant today. The answer probably can be found somewhere in those conveniently lost IRS emails. … Emailer Bob Scotti on the U.S. good fortune at the World Cup: "Lose 1-0 and celebrate. Win one out of three and advance! Where do the Mets sign up?"

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Man’s body found tied up in apartment

The bound body of a 59-year-old disabled man was found in his Harlem apartment Thursday, and cops are looking into whether a home health aide had left him tied up overnight, sources said.

Neighbors found the body of Milton Ortiz at about 9:30 a.m. on the floor of his East 126th Street apartment, according to police sources. His arms and legs had been bound with rope, cops said.

"Neighbors looked in and saw his body slumped on the floor," said Steven Goldman, who owns a business on the street. "The guy was very nice, very simple. He had no enemies. He was outside every day saying hello to everyone."

Neighbors said that Ortiz was developmentally disabled and that a home aide and an older brother would look in on him.

Police were investigating whether the aide had left him bound overnight, sources said.

"It's a very sad thing," a neighbor said. "Everyone knew Milton and everyone liked Milton."

Police said foul play was suspected. It was not clear Thursday night whether cops were questioning the home health aide.

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Kerik’s former attorney asks judge to review notes in malpractice case

Celebrity lawyer Joe Tacopina is putting his money where his mouth is in a bitter legal fight against disgraced ex-NYPD Commissioner Bernie Kerik.

Tacopina on Thursday requested that Manhattan federal Chief Judge Loretta Preska – who's been asked by the feds to review whether Kerik and his lawyer should be declared in contempt of court — privately review notes of confidential 2007 meetings Tacopina had with prosecutors in the hopes it will put to rest some of Kerik's claims against Tacopina in a malpractice lawsuit.

Kerik alleges Tacopina violated attorney-client privileges by revealing information to the feds that Kerik believes ultimately landed him in the slammer.

Tacopina's lawyer Judd Burstein in the letter to Preska said he hopes Kerik's lawyer Tim Parlatore joins in asking her to review the meeting notes so that "we can move on to the key question of contempt."

Parlatore later told The Post this is one of the rare times lately that Kerik and Tacopina's camps agree on something. He said he not only welcomes Preska's review of the confidential notes now under seal — but believes they should also be examined by two other Manhattan federal judges currently overseeing litigation involving ex-buddies Kerik and Tacopina.

The latest legal squabble comes two days after Assistant US attorneys Elliott Jacobson and Perry Carbone asked Preska to schedule a conference to decide whether Kerik and Parlatore violated a 2008 order by allegedly using information in the documents to juice up Kerik's malpractice suit against Tacopina. If Preska finds Kerik and Parlatore in contempt of court, they would face jail, fines and other penalties.

Both prosecutors are questioning whether Kerik and Parlatore – while trying to make the suit against Tacopina more salacious — relied on the sealed records related to Kerik's 2009 sentencing on federal tax-fraud charges and lying to the White House during his failed vetting for Homeland Security chief. Kerik spent three years in jail after copping a plea to those crimes.

Days after being sued, Tacopina in January slapped Kerik with a defamation suit claiming Kerik fed outrageous "lies" about him to the Daily News for a December "hit piece." The Daily News was also sued initially by Tacopina, but it was later removed as a defendant.

Tacopina's long list of A-list clients include shamed Yankees slugger Alex Rodriguez, whom he recently represented in a failed bid to get A-Rod's Major League Baseball doping ban overturned.

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Iraqi insurgents executed at least 160: rights group

BAGHDAD — Iraqi insurgents executed at least 160 captives earlier this month in the northern city of Tikrit, Human Rights Watch said Friday, citing an analysis of satellite imagery and grisly photos released by the militants.

The U.S.-based rights group said militants from the Islamic State of Iraq and the Levant killed between 160 and 190 men in two locations in Tikrit between June 11 and June 14. "The number of victims may well be much higher, but the difficulty of locating bodies and accessing the area has prevented a full investigation," it said.

After overrunning large swaths of northern Iraq and capturing the cities of Mosul and Tikrit earlier this month, the Islamic extremist group posted graphic photos on a militant website that appeared to show fighters loading dozens of captured soldiers onto flatbed trucks before forcing them to lie in a shallow ditch with their hands tied behind their backs. A final set of photos shows bodies.

"The photos and satellite images from Tikrit provide strong evidence of a horrible war crime that needs further investigation," Peter Bouckaert, emergencies director at Human Rights Watch, said in a statement.

Chief Iraqi military spokesman Lt. Gen. Qassim al-Moussawi confirmed the photos' authenticity on June 15, after they first surfaced, and said he was aware of cases of mass murder of captured Iraqi soldiers in areas held by the Islamic State.

He told The Associated Press at the time that an examination of the images by military experts showed that about 170 soldiers were shot to death after their capture.

Captions on the photos showing the soldiers after they were shot say "hundreds have been liquidated," but the total could not be verified.

The massacre appeared to be aimed at instilling fear in Iraq's demoralized armed forces — which melted away as militants seized much of the north in a matter of days — as well as the country's Shiite majority, whom the Islamic State views as apostates.

"This is the fate that awaits the Shiites sent by Nouri to fight the Sunnis," one caption read, apparently referring to Prime Minister Nouri al-Maliki.

The rapid advance of the Islamic State and allied Sunni militants has ignited sectarian tensions, with heavily armed Shiite militias vowing to defend Baghdad and revered shrine cities to the south. On Thursday a bombing killed 12 people in a Shiite neighborhood of Baghdad that houses a revered shrine, and police found the bullet-riddled bodies of eight Sunnis south of the capital.

Prominent Shiite leaders are meanwhile pushing for the removal of al-Maliki, who has come under mounting pressure to reach out to the country's disaffected Sunni and Kurdish minorities and rapidly form a unified government following April's parliamentary elections.

Even al-Maliki's most important ally, neighboring Iran, is said to be looking at alternatives.

A senior Iranian general who met with Shiite politicians in Iraq during a 10-day visit this month returned home with a list of potential prime minister candidates for Iran's leadership to consider, several senior Iraqi Shiite politicians who have knowledge of the general's meetings told The Associated Press on Thursday.

The general, Ghasem Soleimani, is expected to return within days to inform Iraqi politicians of Tehran's favorite, they said, speaking on condition of anonymity to discuss the internal deliberations.

The rapid advance of the Islamic State of Iraq and the Levant in the north as well as the restive western Anbar province has plunged Iraq into its worst crisis since U.S. troops withdrew in 2011 and raised fears of a region-wide conflict. The radical group has carved out a self-styled Islamic state straddling the Syrian-Iraqi border, where it has imposed a brutal version of Shariah law.

Russia's U.N. ambassador said Thursday that there is a real prospect of a terrorist state springing up from Syria's second-largest city Aleppo to Iraq's capital Baghdad.

Vitaly Churkin, the current president of the U.N. Security Council, said he told the 14 other council members that a terrorist state "is a very, very serious prospect" that the council needs to address "because really we are lagging behind … in our responses."

He argued that Russia's support for President Bashar Assad's government in Syria was aimed at preventing the Islamic State from taking over.

The United States is also looking to Syria, with President Barack Obama requesting $500 million to arm and train moderate Syrian rebels in the hopes of opening up a new front against the Islamic State, which has been at war with other Islamic and secular rebel groups since the start of the year.

The rebel groups turned on the Islamic State because of its alleged brutality toward rivals and activists. Massacres like the one depicted in the online photos from Iraq could alienate some Sunnis while emboldening the armed forces and Shiite militias.

Human Rights Watch said that using satellite imagery from 2013 and publicly available photos taken earlier, it was able to pinpoint the execution site in a field near a former palace of the late dictator Saddam Hussein, next to the Tigris river.

It said satellite imagery of the site from June 16 did not reveal bodies but showed indications of vehicles and earth movement consistent with the two shallow trenches visible in the photos.

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US looks to resume cyber talks with China

WASHINGTON — The United States next month will urge China to resume discussions on cybersecurity that were suspended abruptly after the U.S. charged five Chinese military officers with hacking into U.S. companies to steal trade secrets, a U.S. official said Thursday.

Assistant Secretary of State Daniel Russel told The Associated Press the U.S. would push for a resumption of the cyber working group when Cabinet-level officials of both sides meet at the annual U.S.-China Security and Economic Dialogue in Beijing in the second week of July.

After the indictments against the five officers were unsealed in May, Beijing pulled the plug on the group. It had been set up a year ago in what Washington viewed at the time as a diplomatic coup after President Barack Obama and China's President Xi Jinping held a summit in California, aiming to set relations between the two global powers on a positive track.

Those ties have come under growing strain, also because of China's assertive actions in the disputed South and East China seas. Russel, the top U.S. diplomat for East Asia, reiterated those concerns Thursday, saying the U.S. views it as essential that China show greater restraint and use diplomacy to manage its differences on territorial issues.

Asian nations, particularly treaty allies like Japan and the Philippines, look to the U.S. to counter China's increasingly muscular actions, but some in the region have voiced doubts about whether the second-term Obama administration can follow through on its commitment to focus on the Asia-Pacific, because of its preoccupation with the chaos in the Middle East.

Russel said Asia remains a strategic U.S. priority, even as Washington considers some form of military action to combat the rapid advances of Sunni militants in Iraq who now straddle the border with Syria.

"The fact that events conspired to demand high-level U.S. attention in the Middle East or elsewhere is simply a fact of life," Russel said. "It's always been thus. The strategic imperative, though, that's made the Asia-Pacific region a priority for us in security, economic and political terms is unaffected by the short-term demands of crises here and there."

"I have no trouble in enlisting Secretary (of State John) Kerry's efforts on our agenda in the region," Russel added, "and that applies to the president and vice president as well."

Kerry and Treasury Secretary Jack Lew will lead the U.S. delegation at the talks in Beijing, which are an annual fixture and viewed as important in forging a more cooperative relationship with Beijing, notwithstanding current frictions and China's growing challenge to America's post-World War II military predominance in the Asia-Pacific.

The two sides will discuss issues including turmoil in the Middle East, North Korea's nuclear program and cooperation on climate change, and the U.S. will raise human rights. They'll also address a slew of economic and trade issues, including progress on a bilateral investment treaty that China agreed to negotiate in earnest at last year's talks.

While the cyber working group remains on hold, Russel said the U.S. side will raise concerns over cyber-enabled theft of U.S. corporate data and intellectual property that the U.S. contends is shared with Chinese state-owned enterprises for commercial gain.

"That's an economic problem as well as a bilateral problem, and that kind of behavior risks undermining the support for the U.S.-China relationship among the U.S. and international business community," Russel said. "It's a problem we believe the Chinese must and can address."

Although the revelations from former National Security Agency contractor Edward Snowden on U.S. surveillance tactics have embarrassed Washington — leaving it open to accusations of hypocrisy when it accuses others of cyber espionage — the Obama administration has taken an increasingly trenchant stance on intrusions from China.

The indictment accused the Chinese officers of targeting U.S. makers of nuclear and solar technology, stealing confidential business information, sensitive trade secrets and internal communications for competitive advantage. But after the indictments were unsealed, the five men were not placed on a public, international list of wanted criminals. There is no evidence that China would even entertain a formal request by the U.S. to extradite the five officers. It has rejected the charges and demanded they be withdrawn.

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Student wins right to keep his hair long at school

WELLINGTON, New Zealand — A judge ruled Friday that a New Zealand schoolboy need not cut his hair before returning to class and that his Catholic high school had been wrong to suspend him for having long locks.

Sixteen-year-old Lucan Battison was suspended last month from St. John's College in the town of Hastings. Principal Paul Melloy said Battison had breached a rule that states students must keep their hair short, tidy, off their collars and out of their eyes.

But Battison argued his naturally curly hair would look unruly if cropped and he was prepared to wear it in a bun to comply with the school's standards. Rather than cut his hair, the student and his family took their case to court.

In his decision, New Zealand High Court judge David Collins found the schoolboy's actions weren't harmful or dangerous to other students, didn't amount to serious misconduct, and therefore didn't warrant suspension. He also found St. John's didn't provide enough clarity in its hair rules to ensure students could comply with them.

While the school disagreed with Battison's hairstyle, it didn't dispute his description of himself as a "typical teenager." In fact, the school described him in court as a "nice young man."

The judge noted that "an insight into Lucan's character can be gleaned from the fact that in March this year he received a civil bravery award for participating in the rescue of two young women, who nearly drowned in dangerous swimming conditions at a Hawke's Bay beach."

The judge also noted that Battison represented St. John's in rugby and loved attending the school, in part because his faith was important to him.

Battison's parents Troy Battison and Tania Doidge said in a statement their son had never broken the rules because his bun kept his hair off his collar and out of his eyes.

"In 2014, when girls' hair lengths at school aren't questioned, why should the rules be different for boys?" they said.

"The criticism we have received as parents has been hurtful and unnecessary," they added.

In his ruling, Judge Collins noted that one of Battison's lawyers had tried to provide the school board's disciplinary committee with statements from two hairdressers, one of whom said Battison's hair was already short and would "look like 'an untidy afro' if it was cut shorter," but that the committee apparently chose not to accept the testimony.

Battison was allowed to return to his school earlier this month after the judge said he could stay in class while the case progressed.

In a statement issued Friday by St. John's, which contains grammatical errors, Principal Paul Melloy said: "Naturally we are disappointed of the decision made in Wellington today."

"The Board of Trustees are taking time to consider the judgment made by Justice Collins in terms of its impact, both on our school and on other schools."

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Judge urges West Villagers to allow Chumley’s to reopen

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June 26, 2014 | 4:49am

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Site of Chumley's bar and speakeasy, 86 Bedford St. in Greenwich Village

A Manhattan judge urged West Village residents who are suing to prevent storied former speakeasy Chumley's from reopening to settle their differences out of court — after hinting the neighbors would likely lose the case.

Justice Barbara Jaffe said the 47 plaintiffs who live near Chumley's at 86 Bedford St. face a "very high standard" of proving that the State Liquor Authority's decision to award the pub a new license was "arbitrary and capricious."

The neighbors claim Prohibition-era Chumley's drew a rowdy crowd before it closed for repairs in 2007.

But Chumley's attorney Bill Poppe said the "bar is really an institution."

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Man arrested for home-invastion beating of elderly couple

A man was arrested Wednesday for the brutal beating of an elderly couple during an April home invasion in Queens, cops said.

Christopher Ramirez, 24, is suspected of pummeling an 85-year-old woman and her 86-year-old husband on April 23, according to police.

The suspect pretended to be a worker before he pushed in to the Bayside home and brutally attacked the couple, cops said.

The victims suffered head trauma and facial injuries.

Ramirez was charged with robbery, burglary and assault.

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City Council approves $75B budget for 2015 fiscal year

City Council members approved $75 billion fiscal 2015 city budget early Thursday that was peppered with expanded services and new initiatives.

It was the first budget created by a passionately progressive Mayor De Blasio and a like-minded City Council — and also the first in many years that didn't require agencies to identify significant cost savings.

Overall, the expense budget was $5 billion bulkier than the one adopted under ex-Mayor Bloomberg last June, and $1.3 billion bigger than the preliminary plan released by Mayor de Blasio in February.

"I don't think there's any perfect budget, I think this budget spends too much," said Minority Leader Vincent Ignizio (R-SI). "[But] there's good people in this body who care deeply about every line item you see in this budget."

Although the settling of the teachers' contract contributed to the ballooning expenses — because it allowed for new projections of total municipal labor costs — the gains also came from new initiatives sought by each side of City Hall.

The Mayor made hefty investments that expanded universal pre-kindergarten and introduced a host of traffic safety measures.

In recent months, the City Council added $236 million in new initiatives – including putting 200 more police officers on the streets and covering the cost of lunch for all public middle school students.

"This budget doesn't just reflect the priorities of 51 members, it reflects the needs of 8.4 million people in all five boroughs," said council Speaker Melissa Mark-Viverito.

Officials also approved $6.1 billion in capital construction projects for fiscal year 2015, which starts July 1.

While a number of financial officials have rapped the city for not being more prudent and squirreling away savings, most noted that projected gaps in future years of the expense budget were on par with historic levels.

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North Korea test-fires projectiles into Sea of Japan

SEOUL, South Korea — South Korea's Yonhap news agency says North Korea has test-fired three short-range projectiles into the Sea of Japan.

The South Korean Defense Ministry couldn't immediately confirm the report.

Such test firings aren't unusual. North Korea conducted a series of missile and artillery tests earlier this year.

They come during an unusually tense period between the Koreas. North Korea has threatened South Korea's leader, calling her a prostitute, and the South has vowed to hit North Korea hard if provoked. There has also been widespread speculation that North Korea is preparing for its fourth nuclear test.

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Hope for Aereo despite Supreme Court defeat

Aereo is dead — long live Aereo.

While the Supreme Court's 6-3 decision Wednesday finding Barry Diller's digital antenna and cloud-based DVR violated broadcast networks copyrights, the dissenting opinion left the door open for an Aereo 2.0-type of innovation.

The intriguing Plan B, in Justice Antonin Scalia's dissent, criticized the majority opinion's "looks like cable" rule — claiming it provides "the shakiest of foundations" for taking down Aereo.

The justice began by asking what's really behind the cable-lookalike rule? Was it something as simple as offering access to live television?

Scalia proceeded to answer his own question by reasoning: "If similarity to cable-television service is the measure, then the answer must be yes."

And if the answer is yes, he continued, the path to a legal version of an Aereo-like disrupter becomes perfectly clear: "Aereo would be free to do exactly what it is doing right now so long as it built mandatory time shifting into its 'watch' function."

In other words, what if the "watch" function became a "record" function — one that allowed subscribers to save programs as they aired but prohibited their being viewed before their completion?

"A subscriber could watch the 7 p.m. airing of a one-hour program any time after 8 p.m.," Scalia offered by way of example.

This, in turn, would make Aereo's technology more like that pioneered by Sony Betamax — a device that also recorded programs for later viewing.

And it was way back in 1984 that the same court now denying Aereo determined the sort of "time shifting" permitted by Sony Betamax was not illegal.

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News Corp to sell Community Newspaper Group to former exec

News Corp said it was selling its 11-paper Community Newspaper Group, which includes the Brooklyn Paper and the Bronx Times Reporter, to a company headed by former News Corp executive Les Goodstein and his wife Jennifer.

Terms of the deal, which are expected to close within the next week, were not disclosed.

The group distributes 235,000 weekly papers in every borough except Staten Island and also includes Caribbean Life, Bay News and Bay Ridge Courier, Bayside Times and Times Ledger. CNG also publishes specialty magazines including Family magazines, the Wedding Guide and Sweet Sixteen Magazine.

The Goodsteins already own NYC Community Media, which publishes The Villager, Downtown Express, Gay City News, and Chelsea Now. Goodstein ran the CNG group for News Corp from 2006 to 2013.

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Time Inc. feels blow after Source files for Chapter 11

One of the country's largest magazine wholesalers officially went bust on Monday — one month after losing its largest customer.

The parent of Source Interlink Distribution, which trucked magazines from warehouses to retailers for Time Inc. and others, filed for Chapter 11 bankruptcy court protection after losing money for years.

While Time Inc., which publishes some of the best-read magazines in the country, like People, Sports Illustrated and InStyle, was the hardest-hit by Source's shuttering, the entire industry felt the blow and some retailers could see a magazine shortage this summer as the industry looks for other companies to fill the void.

Source is owned by Golden Tree Asset Management, a hedge fund, with an 82 percent stake. JPMorgan owns 9.3 percent and GE Capital has a 5.7 percent stake.

The parent, Source Home Entertainment, owes Time Warner Retail Sales $53,776,843, according to court papers. Time Inc., in a filing, said it expected Source's shutdown will decrease operating cash flows by $12 million.

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Charlie Rangel-ing for voters

So, it has come to this.

On the eve of the most watched congressional primary in the country, the candidates competing to represent upper Manhattan and part of The Bronx in Washington spent their last campaign day trading accusations that they hijacked each other's press conferences.

The already ugly race hit bottom Monday afternoon when a car carrying the incumbent, Charles Rangel, pulled up beside a group of reporters waiting for his opponent in Washington Heights. The congressman got out and asked them to tag along to another press event.

Moments later, representatives from state Sen. Adriano Espaillat's campaign showed up at the Rangel event, an endorsement from livery drivers, and got into a screaming match with Rangel's supporters.

"After losing another endorsement today, the Espaillat campaign crashed a taxicab association endorsement for Rangel," the Rangel campaign said in a statement.

Espaillat's people complained that Rangel had whisked away the challenger's press group like some political Pied Piper.

The bitter back-and-forth followed a day of already acerbic sniping over President Obama's decision not to come to Rangel's aid with an 11th-hour endorsement before Tuesday's primary.

After a TV interview urging voters to help him "complete my term with this great president," 84-year-old Rangel, shooting for a 23rd term in Congress, brushed off Obama's non-endorsement.

"Believe me, I don't go to sleep at night wondering what the president of the United States is going to do," Rangel said at a campaign stop. "He has so much on his plate and I'm concentrating on what I'm doing, and I hope he's doing the best job he can."

Espaillat seized on Obama's silence.

"This made-up story that he wants to go be the president's best friend — it is what it is — a made- up story," Espaillat, 59, told reporters. "I don't know what he wants to go back [to Washington] for. Certainly, the president hasn't said anything about it."

Rangel, after luring the reporters away from Espaillat's event, shot back.

"The only question we have is who is best to service this community in Washington," Rangel countered. "I don't even know if he knows where the president lives."

Someone familiar with the address did come to Rangel's defense. Former President Bill Clinton began making robo-calls on Rangel's behalf to potential voters.

"As both a senior member of Congress and a civil-rights leader, Charlie Rangel continues to be one of our most effective advocates in Washington," Clinton said in the recorded call.

Despite the heavyweight support and a poll last week that put him ahead by 13 points, Rangel said he was not overconfident.

"Oh, heck no," Rangel said. "You know, the whole deal with the secret ballot is that you don't have the slightest idea about what people are going to do. The pollsters say that most people will be voting for me. But they don't know who's going to come out and vote at all, so it would be impossible for me to be confident."

Espaillat nearly drove Rangel out of office two years ago, losing by only 1,100 votes.

Additional reporting by Elizabeth Hagen

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Graduation rates inch up, but many kids still not making grades

The city's high-school graduation rate rose to 61.3 percent last year, but some schools couldn't even reach 40 percent.

Brooklyn's Multicultural HS and the International Community HS in The Bronx graduated less than one-third of their seniors in 2013, according to state education data released Monday.

Both schools serve large numbers of immigrants who struggle with proficiency, according to Inside Schools, a monitor sponsored by the New School.

An official with International Community HS said the graduating class was "not typical," as the school serves "students who have been in the country for four years or less."

The school graduated just 31 percent of its seniors.

Officials said that for students who are new to English, it is not reasonable to "prepare for college" in four years.

"At Multicultural High School, the six-year grad rate is 69.2 percent, and at International Community High School, it is 75 percent," said a spokeswoman.

Other schools that graduated fewer than two out of five seniors include The Bronx's Dreamyard Prep HS, Manhattan's Marta Valle HS, Park Slope Collegiate in Brooklyn and August Martin HS in Queens.

In contrast, the city's top schools — including Bronx Science and Staten Island Tech — were at or close to 100 percent graduation rates.

Parent advocates say high schools with poor graduation rates are dealing with students who have the most needs.

It "doesn't mean they're anywhere close to bad schools. It means they're trying to deal with more needy kids," said parent activist Noah Gotbaum.

"The city doesn't provide the services that those kids need, so of course, the graduation rates fall and those schools struggle."

Graduation rates citywide moved up from 60.4 percent in 2012 to 61.3 percent last year, but remained well below the state average of 74.9 percent.

Career- and college-readiness rates, while disturbingly low, also improved, from 22.2 to 24.9, percent over the same period.

Schools Chancellor Carmen Fariña said both figures were "moving in the right direction," and that the city's efforts to improve middle-school education will "pay dividends" in the future.

But Inside Schools managing editor, Pamela Wheaton, called the improvements "minuscule."

"It really shows little progress," she said. "It's hard to say there's any good news here."

Additional reporting by Leonard Greene

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Kerry returns to Iraq seeking support from Kurdish leader

IRBIL, Iraq — The top U.S. diplomat returned to Iraq on Tuesday for the second day in a row, again trying to convince one of its political leaders that overhaul of the Shiite-led government is the best way to deflate a raging Sunni insurgency that is pushing the country toward civil war.

Secretary of State John Kerry arrived in Irbil, the capital of Iraq's northern, autonomous Kurdish region, for talks with a key local leader who has feuded for years with Prime Minister Nouri al-Maliki. Kerry is hoping that support from Kurdish regional President Massoud Barzani will force al-Maliki to cede more power to Iraq's Sunni and Kurdish minorities and, in turn, soothe anger directed at Baghdad that has fueled the insurgent Islamic State of Iraq and the Levant.

Barzani's support is important because Kurds represent about 20 percent of Iraq's population and usually vote as a unified bloc. That has made Kurds kingmakers in Iraq's national political process.

Tensions have run deep for years between Barzani and al-Maliki, and recently surged again when the Kurdish regional government began exporting oil through Turkey without giving Baghdad a required share of the profits. The Kurdish region is home to several vast oil fields, which have reaped security and economic stability unmatched across the rest of the Iraq.

Kerry met several top Iraqi leaders in Baghdad on Monday, including al-Maliki, in what was later described as a tit-for-tat discussion of frustration and few compromises. Still, Kerry said all the leaders agreed to start the process of seating a new government by July 1, which will advance a constitutionally-required timetable for distributing power among Iraq's political blocs, which are divided by sect and ethnicity.

Once a stable government is in place, officials hope Iraqi security forces will be inspired to fight the insurgency instead of fleeing, as they did in several major cities and towns in Sunni-dominated areas since the start of the year.

U.S. special forces began arriving in Baghdad this week to train and advise Iraqi counterterror soldiers, under order from President Barack Obama, who is reluctantly sending American military might back to the war zone it left in 2011 after more than eight years of fighting. Al-Maliki has for months requested U.S military help to quell ISIL, and the Obama administration has said it must respond to the insurgent threat before it spreads beyond Iraq's borders and puts the West at risk of attack.

On Monday, Kerry said the U.S. is prepared to strike the militants even if Baghdad delays political reforms.

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Republicans eyeing finances, tax tactics by Cuomo and Sandra Lee

State Republicans want to know if Gov. Cuomo's live-in girlfriend, "Semi-Homemade'' celebrity chef Sandra Lee, is subsidizing his living expenses with income from companies doing business with the state, a possible "gifts law'' violation, The Post has learned.

Republicans — who recently accused Lee, owner of the $1.2 million, six-bedroom, Westchester home where the First Couple lives, and Cuomo of failing to pay their fair share of property taxes — are combing public records for the names of Lee's clients to see if they're doing business with the state or trying to influence state policy, sources said.

"License! Global,'' a trade publication, reported in 2012, for instance, that Lee, a Food Network star, author of numerous cookbooks and a magazine publisher, had "teamed up" with TV Guide magazine for a new magazine with "high-profile corporate sponsors'' such as Verizon and Bristol-Myers Squibb.

State Comptroller Tom DiNapoli's Web site shows that the companies together have hundreds of millions of dollars in contracts with New York.

"Companies that hire Lee surely know she's the governor's girlfriend and that could be a factor in their decision to pay her,'' said a GOP operative involved in the research.

Lee is also frequently paid to speak before food and other industry groups, although the names of the companies are generally not publicly disclosed.

Celebrity Talent, a booking agency, says online that Lee charges a minimum in the range of $25,000 to $50,000 for speeches.

She gets from $50,000 to $99,999 for speaking overseas, the agency says.

If Lee and Cuomo were married, Lee would be required to disclose details of her income to the state Joint Commission on Public Ethics (JCOPE), which would then check for possible conflicts of interest.

But JCOPE, in an April 2013 decision, held that Lee, despite her relationship with Cuomo, doesn't have to make any disclosures.

"The governor should be disclosing how much if anything he is contributing to the household costs,'' said Jessica Proud, a spokeswoman for GOP gubernatorial candidate Rob Astorino.

"If his household is benefitting from businesses that have business before the state, that should be disclosed by the governor, who said he was going to have the most transparent administration in history,'' Proud continued.

Cuomo's office repeatedly refused to provide any information on what, if any, cost-sharing arrangements the governor has with Lee.

Cuomo's aides have said in the past that the governor kicks in for household costs including property taxes. But the governor's publicly disclosed income-tax returns don't show him making property-tax payments that could be tax-deductible.

Cuomo is paid $179,000 a year as governor and, according to a financial disclosure filed last month, will be paid $700,000 to $900,000 by HarperCollins for a forthcoming memoir.

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Former state GOP Chairman Bill Powers, picked two years ago by Cox to serve as New York's only national Republican committeeman, will resign his post in August, The Post has learned.

Powers, who presided over a historic high point of the GOP with the reelection of US Sen. Alfonse D'Amato in 1992, and the elections of Rudy Giuliani as mayor in 1993 and George Pataki as governor in 1994, will become a Florida resident, in part to avoid paying New York's high taxes, a source said.

"Bill's accountant told him he's crazy not to move to Florida,'' said a longtime Powers friend.

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University lawyer suggests student faked injuries after dorm ceiling collapsed on her head

She's too smart to be hurt.

Columbia University is trying to argue that a former student's post-graduate success is proof that she wasn't badly injured when a dorm-room ceiling collapsed on her head, The Post has learned.

Veronica Couzo, 26, who filed a personal-injury lawsuit, graduated magna cum laude from Notre Dame Law School this year.

During a deposition with Couzo's mother, who was moving her daughter into the West 111th Street dorm when chunks of concrete, plaster and tiles crashed down on her head, Columbia lawyer Eric Strober suggested the young woman was faking injuries given her achievements.

"Columbia should have a shame hat on for this," said miffed mom Lidia Couzo.

The transcript of Lidia's recent deposition has not been released, but Veronica said Strober used the same line of questioning in her 2012 testimony.

After grilling the political-science major about her herniated disk, how the pain prevented her from sleeping well, and her need to take muscle relaxants, Strober asked Veronica if the injuries have affected her schoolwork.

The dorm-room ceiling that collapsed on Veronica Couzo's head.Photo: Handout

"Have you had any difficulty academically?" Strober asked, according to the June 2012 transcript.

"No I don't let anything affect my academics," Veronica answered.

Strober pressed, "You're able to pay attention in class?"

Veronica confirmed, "Yes."

"And you're able to take your exams?" Strober continued.

"Yes" she said.

"And you have gotten good grades?" he asked.

"Yes," she said.

In an interview with The Post, the Ivy League grad said, "They treat me like, 'You're totally fine. You're making this up.' "

"But I'm not going to let the pain and the headaches that I have stop me from doing well or working hard," she added.

Strober referred questions to the university press office. Spokesman Robert Hornsby declined to comment.

Veronica sued her alma mater in June 2011 for unspecified damages after the May 2010 incident because Columbia had ignored warnings from students about deteriorated conditions at the dorm. She described the unit as "a disaster."

"The wooden floors clearly hadn't been refinished in a long time, the cabinets were essentially falling apart, the floor of the kitchen was black—and it was not supposed to be black," she said.

And according to city records, the building is still in disrepair.

The six-story, 28-unit complex has four open Department of Housing violations, including one going back to 2004.

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Pilot of missing Flight 370 has been named ‘chief suspect’

Investigators have named the pilot of the missing Malaysia Airlines Flight 370 as the "chief suspect" in the plane's mysterious disappearance after clearing everyone else on board.

Malaysian detectives grew increasingly suspicious of the pilot after discovering that Capt. Zaharie Ahmad Shah programmed his flight simulator with a route that would land a plane on a small island in the Indian Ocean, the Sunday Times of London reports.

Shah had deleted the drills, but computer experts were able to recover them.

The official police investigation cleared all of the other 238 people on board the Boeing 777 that vanished on March 8.

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Businesses cashing in on Macy’s 4th of July Fireworks

Thankful business owners are getting ready for an explosive chance to cash in now that the Macy's 4th of July Fireworks Spectacular is back on the East River.

Hotels are seeing dollar signs in the sky thanks to the switch from the Hudson River — and are charging New Year's Eve-like rates for the event.

At the Z NYC Hotel in Long Island City, a spot on their rooftop deck 100 feet above the city is going for $125.

"The Macy's fireworks are viewed all over the country," said hotel spokeswoman Lisa Gneo. "It's an iconic event."

Williamsburg's Wythe Hotel has already sold out its $30 rooftop party. Guests will enjoy house-made sausages, German potato salad and brews.

Even bars and restaurants without good river views are cashing in.

"We cant guarantee that we will have a full view of the fireworks because they're at the Brooklyn Bridge," said Jovan Dansberry, lead host of Penthouse 808 in Long Island City. People have booked reservations months in advance anyway, he said.

POD 39 Hotel on the East Side of Manhattan is still accepting reservations for its $75 fireworks party, which will feature an a la carte lunch menu and extended snack menu for dinner.

"The outer-boroughs aren't an afterthought. They should be the main event," said Mayor de Blasio, who made the decision to switch the fireworks show. He hopes the location can alternate between the Hudson and East rivers, he added.

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Man invents ‘Christooza’ mezuzahs for Christians

A Jewish man from Queens is offering Christians an idea from his religion to theirs — a Christian mezuzah.

Henry Zabarsky's Christooza is a hollow plastic cross containing a piece of prayer-inscribed parchment — which, like the traditional Jewish mezuzah, is also intended to be affixed to doorposts.

"I was visiting a client in Rockaway. She's very religious — Catholic. There were pictures of Jerusalem everywhere, crosses. And I was thinking, Jews have this mezuzah — so why not create one for everyone else?" said Zabarsky (above), 43, a financial adviser.

The crosses sell on his Web site for $20, with several prayer options, including an Irish house blessing and a Catholic prayer for the home. A custom blessing fetches an additional $5.

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NYC rent freeze decision may effect stabilized apartments

If the city decides Monday on a rent freeze for residents of stabilized apartments, 850,000 other New Yorkers could pay the price.

Tenants living in market-rate apartments — about 40 percent of rentals — will face a big rent hike, real- ­estate insiders predict.

A freeze by the Rent Guidelines Board would mean tenants in more than 1 million rent-controlled and -stabilized units would not see hikes for at least a year.

But landlords still have to make repairs, pay for fuel and keep up with property taxes. One way to make up the difference is by raising rents where the law allows.

"It forces [landlords] to press for higher rents in the open market," real-estate analyst Jonathan Miller said. "All the prices of upkeep are rising with inflation . . . or at a rate higher than inflation . . . but the rate of income [on rent-stabilized units] isn't keeping up with inflation."

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Heather Graham sued after fire in Union Square penthouse

Actress Heather Graham is being asked to pay up after a fire in her Union Square penthouse last year.

The owners of the Broadway building say the January 2013 blaze in Graham's 12th-floor pad left them with $106,000 in damages to the building, according to court papers.

Ignited by candles left burning near a bathtub, the fire came at the same time James M. Barb Construction was doing work on the basement and damaged a standpipe in the building, owners Burnham House claim in a Manhattan Supreme Court suit against Graham and the construction company.

They claims both Graham and Barb Construction were negligent.

Neither the actress nor the construction company returned calls for comment.

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