John Gotti Jr. is in "excruciating pain" from infected kidney stones, and his lawyers say the prison's refusal to provide him with proper medical treatment amounts to "cruel and unusual punishment." His attorneys have been trying to get him out on bail before the start of his September racketeering trial, and in court papers obtained by the Daily News, they assert, "It is common knowledge that the pain associated with kidney stones is worse than childbirth." To back up their claim, they link to a medical website with testimonials from women who've endured both; one says, "Childbirth has nothing on kidney stones. When you are in labor the pain is like a wave. With a kidney stone it is constant. I would have 10 births before ever wanting to go through the pain of a stone." So given the choice, which would you prefer, a kidney stone or a kid? The former isn't very cute, but at least it never grows up and makes you take it to Hannah Montana.

As a 15-year veteran of the NYPD, Sergeant Joseph Spiekerman knew exactly what to do after drunkenly running a red light and plowing into 68-year-old Barry Gintel one morning last month: Refuse to take the breath test! Though he admitted he'd been drinking, cops on the scene had to get a court order to draw his blood, so we'll never know just how wasted Officer Spiekerman was when he ran over Gintel at 6:40 a.m. on June 29th at York Avenue and 86th Street. Gintel was on his way back to his apartment after buying a coffee and two buttered rolls at The Mansion diner; the cashier tells the Daily News, "I give him his change, look out the window, and I see he got hit and goes flying 10, maybe 20 feet in the air." The impact shattered the windshield of Spiekerman's Volvo and Gintel underwent emergency surgery for two fractured legs, broken ribs, a ruptured spleen, and head and neck injuries. He's still in the hospital and wearing a neck brace! Spiekerman has been suspended without pay and is charged with felony vehicular assault and DWI, and the News seems rather surprised that "police officials declined to explain why they failed to release details of the crash and Spiekerman's arrest sooner."

The Landmarks Preservation Commission voted 9-1 yesterday to approve St Vincent's controversial plans to build a 203-foot-tall, 16-story condo (right) on the east side of Seventh Avenue, between West 11th and West 12th Streets, in the Greenwich Village historic district. It's a big win for St. Vincent's over community outcry about the project's scale, and the hospital is counting on the condo deal to help fund the $830 million, 286-foot-tall medical building that will replace the doomed landmark O'Toole building. But in a concession to the commission, St Vincent's and partner Rudin Management agreed to shrink the condo 15 feet, so now the local gadflies have nothing to complain about! Oh, except for Andrew Berman at the Greenwich Village Society for Historic Preservation; he tells City Room, "It’s certainly not over." So maybe we'll get some more celebrity outrage? The plan to raze the sawtooth O'Toole building still faces a legal challenge, and the entire $1.63 billion project also needs approval from he City Council and the City Planning Commission.

Last night, a Connecticut advertising executive surrendered to the police after a frightening standoff in which he kidnapped his wife, demanded a priest come and give her last rites, and then asked for a judge to re-marry them. Around 8:30 p.m., Nancy Tyler managed to leave the South Windsor house that ex Richard Shenkman was supposed to turn over her as part of divorce settlement, but the Post reports, "Dozens of gunshots and explosions were then heard at the home, which was soon engulfed in flames." Shenkman, who had asked police to shoot him, finally gave up around midnight. He also made his demands through a reporter for the New London Day, who previously covered his wife and him, and seemed to confide in the reporter: "If I wanted to do a murder/suicide, I could have done it three years ago. I've never hurt her in my life. I do want Nancy to walk out of here. I don't trust the cops. They have screwed up so much in the arson (case) and all that stuff." Police are at the home today investigating whether the home really had all the 65 pounds of explosives Shenkman said it did. He will probably be charged with kidnapping, arson, and reckless endangerment.

A few months ago, parents of kindergarten-bound children were upset at the Department of Education keeping them in limbo by putting the kids on waiting lists for placement. Now, the waiting lists have shrunk, thanks to families picking other programs or moving out, but the NY Times reports, "Still, 474 pupils across the city remain on waiting lists and will have to attend other nearby schools if spots do not open up, an outcome parents said was unacceptable." The DOE, which points out that the number represents 1% of the incoming class, believes the waiting lists will continue to decrease, but one former parent council member told the Times, "Their responsibility isn’t making progress; their responsibility is solving the problem. There are still many families biting their fingernails." And an Upper East Side mother, whose son is waitlisted at PS 290 on East 82nd, said to the Daily News, "I came very close to moving out of the city because of this situation. If they're looking to push their taxpayers out, they're doing a very good job."

Last night, heavy storms and hail hit Westchester County, downing trees and utility poles and causing power outages to 17,000 customers. The downed power lines also prompted car fires. A Yonkers Fire Department official told 1010WINS, "Possibly a tornado came through the city...the northwest section...it was just devastating...trees and wires down...the amount of hail was unbelievable." (Reports of a tornado are still being confirmed.) WCBS 2 reports, "The dime-sized hail covered the roads in many areas across the city, posing as snow in July... The bizzare weather scene will most certainly cause problems for Wednesday's commute." According to Con Ed, Yonkers and Mount Vernon suffered the most outages while Bronxville, New Rochelle and Eastchester were also affected. Service may not be restored until later this afternoon. According to USA Today, "Hail forms when strong currents of rising air, known as updrafts, carry water droplets high enough in a thunderstorm for the water droplets to freeze... While hailstones are ice, hail is mostly a spring and summer phenomena because the strong thunderstorms needed to produce hail are much more common during warm weather."