20100520034429A

Aircraft departed kobelt airport, NY (N45) at approximately 9:40 pm after pilot and three passengers had dinner at the airports restaurant. Aircraft was taxied from parking spot on grass to fuel pump for refueling by passenger that has approximately 10 hours of dual instruction, no student certificate, as pilot/owner was using restroom. This passenger then went to bathroom while two remaining passengers refueled aircraft. The left tank was refueled by another student pilot/passenger who stated he left about a two inch gap between fuel level and top of tank using a cell phone for lighting as it was getting dark. He did not recall the amount on the pumps meter. Right side was refueled by other passenger and quantity is unknown. During interview of pilot on 05/27/2010 in the icu of westchester county medical center hospital, the pilot stated he was in the left seat , weight 190 lbs., the right seat passenger was 225 lbs., right rear passenger 170 lbs. And left rear passenger was 205 lbs. He did not know how much fuel was added or what the fuel quantity was for the aircraft. The right seat passenger, student pilot who taxied aircraft to fuel pumps, was interviewed on 05/27/2010 in a hospital room at the westchester county medical center. He stated that a preflight inspection by pilot was performed, run-up and taxi checks accomplished and aircraft taxied for a full length departure on runway 3. He did not know the amount of fuel on board. Take off was described as normal, initial climb out was slow and aircraft began to lose power just above treetop level. Pilot could not maintain altitude and aircraft crashed in front lawn of residence approximately .65 miles from departure end of runway 3.impact crater was at GPS coordinates N41 38 13.8, W74 8 25.0 on a heading of approximately 290° magnetic. Main wreckage was on a heading of approximately 360° approximately 30 feet from impact point. Aircraft broke the tops of two small, approx 10' trees and impacted and uprooted a small apple tree adjacent to impacted crater. There was no evidence of post crash fire. ELT was activated and shut off by iic. The right main, and nose landing gear assemblies and right cabin door were separated from the airframe and located in the debris path between impact point and aircraft. Aircraft was extensively damaged due to crash and extrication efforts. The aircraft roof was cut and pealed back and wing structure was cut through and wings moved aft. Numerous absorption pads were placed along both wing leading edges for leaking fuel. Propeller and spinner were attached to crankshaft with little or no damage to spinner or one propeller blade which was in the straight up position. The second propeller blade was bent rearward under engine cowling and imbedded in the soft ground. No leading edge damage noted. Pilot's instrument panel was intact with no broken instruments. Tachometer indicted zero RPM and 771.6 hours, altimeter was set at 29.94 and showing approx 140 feet. Engine controls: carburetor heat, throttle and mixture all full forward, magneto switch was in both position with key broken off. Primer was in, and appeared locked, master switch was off position and flap lever was in the up position. Fuel selector was disengaged from fuel selector valve and showed a position between both and right. Left control yoke was broken at gust lock hole, right control yoke was bent down. Right side instrument panel and radio stack showed extensive impact damage. Hobbs meter showed 5968.4 hours. There is extensive upward buckling of the floor in the rudder pedal area of both sides and seat tracks were severely distorted and cracked. Both front seat structures were broken with lower parts still partially attached to seat tracks, all seats were removed during extrication. Aircraft was removed from site on 05/22/2010 and relocated to a secure facility for further inspection. On 05/26/2010 the aircraft was inspected by representatives of the engine