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Judge signs restraining order for rafting company in North Creek

A guide from the Hudson River Rafting Company takes clients down the Hudson River in North River May 5, 2012 during the White Water Derby.

A guide from the Hudson River Rafting Company takes clients down the Hudson River in North River May 5, 2012 during the White Water Derby. Photo by Andy Flynn.

— The alleged violations have included providing guides with no licenses or, in some cases, providing no guides at all. Moreover, the attorney general takes issue with the company’s advertisements stating that they provide “safe” guided river rafting excursions.

As part of the petition, the attorney general is seeking $5,000 for each violation of the General Business Law (false advertising claims).

Consumers have been injured — and one killed — during the company’s rafting trips.

A Tamara F. Blake, 53, of Columbus, Ohio, died in a rafting accident Sept. 27 on the Hudson River, and her Hudson River Rafting Company guide was arrested after police found him to be intoxicated.

Cunningham had been indicted in Hamilton County Court on two counts of second-degree reckless endangerment for incidents in 2010. However, on March 29, that indictment was adjourned “in contemplation of dismissal” until Sept. 29 under three conditions.

On Sept. 5, Hamilton County District Attorney Marsha Purdue applied to restore the indictment against Cunningham and his company because Cunningham had allegedly violated the March 29 agreement by allegedly leaving his raft with two customers aboard 4 miles before the end of a May 27 trip down the Hudson River; and allegedly sending two customers down the river on Aug. 26 in a “duckie” without a licensed guide and without signing a rental agreement.

A hearing is scheduled for Nov. 20 to determine whether Cunningham violated the March 29 agreement.

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