Monday, September 21, 2020

DOI ARRESTS EXPEDITOR ON CHARGES OF SUBMITTING FORGED DOCUMENTS TO THE CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)

 

DEP alerted DOI to purported fraudulent DEP water meter installation permits

 Margaret Garnett, Commissioner of the New York City Department of Investigation (“DOI”), announced the arrest today of an expeditor who allegedly submitted forged documents to the City Department of Environmental Protection (“DEP”) Bronx office at 1932 Arthur Avenue. DEP reported the forged documents to DOI. The office of Queens County District Attorney Melinda Katz is prosecuting this case. 

SEAN KELLY, 40, of Middle Village, Queens, N.Y., was arrested on charges today including four counts each of Attempted Forgery in the Second Degree and Attempted Criminal Possession of a Forged Instrument in the Second Degree, both class E felonies, associated with acts that occurred between February and June 2019. Upon conviction, a class E felony is punishable by up to four years in prison. KELLY is scheduled to appear in Queens County Criminal Court on December 16, 2020. 

DOI Commissioner Margaret Garnett said, “An expeditor’s role is to get the job done correctly and effectively, ensuring all regulations are met; cutting corners is not a part of the job description. In New York construction, there is no room for circumventing the rules or for fraud, which can undermine the safety and integrity of a project. I thank DEP for reporting this matter to DOI and the Queens District Attorney’s Office for their partnership.” 

Queens District Attorney Melinda Katz said, “Rules and regulations are in place for a reason – to protect the public. The defendant in this case is accused of circumventing procedures to ensure safe installation of water meters at a school. Underhanded maneuvers like this put people at risk. I want to thank Commissioner Garnett and her investigators for uncovering this alleged scheme.” 

According to DOI’s investigation, DEP’s Bronx Borough Permit Supervisor reported to DOI that in July 2019 she received two purported fraudulent DEP water meter installation permits that each had an issuance date of June 27, 2019. A DEP computer check revealed that neither permit number existed. In addition, DEP had no record of the receipt of the required filing fee of $35 for each permit. The permits were related to 411 Wales Ave. in the Bronx, where a commercial warehouse was being converted into a charter school. The permits had a valid signature of a master plumber who indicated the defendant had been hired to obtain necessary DEP permits and he was unaware the documents were fraudulent. The defendant confirmed he provided the documents to the master plumber and that he knew both permits were not valid. The defendant indicated he was under pressure to obtain the DEP permits for the client and that instead of standing in line and submitting the forms, he generated both of the purported DEP water meter installation permits on his personal computer at his Queens residence. The defendant indicated that neither his employer nor the master plumber knew about the fraudulent documents. The defendant also indicated he had submitted a couple other fraudulent permits. DEP located two additional fraudulent permits submitted to the Queens DEP Permit Office in February 2019 in connection with a water meter installation at 21-22 Steinway St. in Queens. 

DEP inspected the plumbing work at the Bronx and Queens locations and both properties passed those inspections. 

Commissioner Garnett thanked DEP Commissioner Vincent Sapienza, and his staff, for their cooperation in this investigation; and Queens County District Attorney Melinda Katz and her staff for their prosecution of this matter, specifically Assistant District Attorney Daniel O’Leary, under the supervision of Assistant District Attorney James M. Liander, Bureau Chief of the Public Corruption Bureau. 

Arrest charges are an accusation. A defendant is presumed innocent until proven guilty

No. 202.64: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

 

No. 202.64 

E X E C U T I V E  O R D E R 

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency 

WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and  

WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue; 

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, or to provide any directive necessary to respond to the disaster, do hereby continue the suspensions and modifications of law, and any directives not superseded by a subsequent directive contained in Executive Order 202.22 through 202.26, 202.32, 202.33, 202.34, 202.35, 202.44, 202.45, and 202.53 as continued and contained in Executive Order 202.57 for another thirty days through October 18, 2020, and I hereby temporarily suspend or modify the following from the date of this Executive Order through October 18, 2020: 

Section 522 of Labor Law is modified to exclude from the definition of “total unemployment” per diem, part-time work performed between September 18, 2020 and November 3, 2020 for the New York State Board of Elections or a local board of elections where the total earnings for the week from all work performed for any employer do not exceed $504.00 and the employer is not the separating employer identified in the original claim, and not to require claimants to report such part-time work when certifying for weekly benefits. 

IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I do hereby issue the following directives through October 18, 2020: 

The directive contained in Executive Order 202.48, which modified the directive in Executive Order in 202.28 that prohibited the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage is continued through October 20, 2020. 

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this eighteenth day of September in the year two thousand twenty. 

BY THE GOVERNOR 

Secretary to the Governor 

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic

 

0.98 Percent of Yesterday's COVID-19 Tests were Positive

1 COVID-19 Death in New York State Yesterday—Matching Lowest Since Start of Pandemic

SLA and State Police Task Force Visits 1,136 Establishments; Observes 5 Establishments Not in Compliance

Confirms 573 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 450,473; New Cases in 39 Counties

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov.

"I once again want to thank all New Yorkers for their extraordinary efforts. The spirit of community, the spirit of unity and the efforts they're making have literally saved thousands of lives. So the health that you're protecting is not just yours and your family's, but that of all New Yorkers," Governor Cuomo said. "And it's not just a question of rhetoric—it's reality. Only one New Yorker passed away, and we won't stop until that number is zero. But when you look at what's going on around the country and what's going on around the world, it's a really extraordinary accomplishment that New Yorkers have achieved and I congratulate them."

Yesterday, the State Liquor Authority and State Police Task Force visited 1,136 establishments in New York City and Long Island and observed 5 establishments that were not in compliance with state requirements. A county breakdown of yesterday's observed violations is below:

  • Bronx - 1
  • Nassau - 4

Today's data is summarized briefly below:

  • Patient Hospitalization - 468 (+0)
  • Patients Newly Admitted - 38
  • Hospital Counties - 31
  • Number ICU - 134 (+2)
  • Number ICU with Intubation - 66 (+6)
  • Total Discharges - 76,218 (+39)
  • Deaths - 1
  • Total Deaths - 25,428

MAYOR DE BLASIO ANNOUNCES THE MENTORS MATTER INITIATIVE FOR YOUNG PEOPLE IN NEW YORK CITY

 

This new initiative will provide mentors and academic tutoring for thousands of black and brown students as they transition into the new blended learning environment during the COVID-19 crisis


 Mayor Bill de Blasio today announced the Mentors Matters Initiative to provide mentoring, tutoring and social-emotional support to thousands of students during the COVID-19 pandemic. The Mentors Matter Initiative is a partnership between the Young Men’s Initiative (YMI) within the Office of the Mayor, One Hundred Black Men and CUNY’s Tutoring Corps.

 

“One of the things we can do for our young people during this pandemic is provide support and guidance to give them a sense of all of their greatness and their possibilities,” said Mayor de Blasio. “The Mentors Matter Initiative is going to be a difference maker in the lives of a lot of New York City youth by elevating them and giving them hope.”

 

“The Mentors Matter Initiative will activate our leaders, college students and community-based organizations to support DOE students -- particularly black and brown boys -- during this time of crisis,” said Jordan Stockdale, Executive Director of the Young Men's Initiative. “That's exactly what the Young Men's Initiative is about -- helping our young people reach their potential through funding evidence-based mentoring and leveraging our existing community assets to build a better future.”

 

Today’s announcement has three different components:


1.      One Hundred Black Men and YMI will partner to expand its Junior 100 program to at least 750 black and brown male students this year. The program will provide mentoring and educational enrichment as well as expose students to career opportunities and offer financial scholarships for post-secondary education.

2.      YMI and CUNY will partner to expand CUNY Tutor Corps to offer academic tutoring and near-to-peer mentoring to 3,600 additional DOE students. CUNY students who are within the NYC Men Teach pipeline will be prioritized for this paid tutoring opportunity. These students are all males of color who are succeeding in their college programs.

3.      YMI will award $500,000 in grants to local community-based organizations that offer tutoring, mentoring and social emotional support to at least 4,000 students during this pandemic. The application period for the funding opportunity opens September 21 and closes October 5. Learn more at NYC.gov/YMI

 

The Mentors Matter initiative will strengthen community infrastructure – through funding local community-based organizations – and leverage successful black and brown mentors to assist their younger community members.

 

The Young Men’s Initiative:

The Young Men’s Initiative is the nation’s most comprehensive municipal effort to tackle the broad disparities slowing the advancement of Black and Latino young men. Through innovative partnerships, YMI offers targeted programming aimed at addressing disparities across education, health, employment, and the criminal justice system

 

One Hundred Black Men:

The mission of One Hundred Black Men, Inc. of New York (OHBM) is to play a proactive role in leveraging our collective talent, ability and energy toward achieving meaningful gains for the Black community. One Hundred Black Men initiatives focus on education through mentoring, wealth building strategies, fostering economic development and raising awareness of health issues affecting our communities.

 

CUNY’s Tutoring Corps:

CUNY Tutor Corps (CTC), initiated in 2016, is a partnership between CUNY’s Office of K-16 Initiatives, the New York City DOE (Department of Education), and the Office of the Mayor. Our goal is to reduce barriers to academic and professional achievement in STEM by providing matriculated CUNY students with the opportunity to tutor and mentor public middle and high school students, improving the academic performance, confidence, and college and career readiness of NYC Department of Education (NYC DOE) students. 

 

 

CityParks Green Girls Empowered by ING Wins Inaugural National Summer Learning Association Climate Change Award

 

CityParks Green Girls Empowered by ING Wins Inaugural National Summer Learning Association Climate Change Award

City Parks Foundation’s CityParks Green Girls Empowered by ING program was named as the winner of the Inaugural Climate Change Learning Award for National Summer Learning Association’s (NSLA) 2020 Summer Learning Awards season. City Parks Foundation is one of four exemplary summer programs recognized for improving outcomes for children and youth and honored as models for the nation. 

Out of nearly 350 applicants, the winning CityParks Green Girls Empowered by ING program met the rigorous criteria for this national recognition that includes helping students cement skills learned during the school year, effective family engagement strategies, and inclusive and innovative programming to serve the diverse needs of children and their families.

The Climate Change Award aims to recognize outstanding programs with a focus on building knowledge and awareness among young people about the effect of climate change, the importance of environmental stewardship, and what they can do to have an impact on their community. CityParks Green Girls Empowered by ING will receive a $10,000 donation for the inaugural Climate Change Award and will be recognized in a virtual awards celebration held in November 2020. 

CityParks Green Girls Empowered by ING provides a five-week summer program that allows for unique explorations in parks — from urban forests and rivers to coastal marshes and beaches — for young women living in underserved neighborhoods in NYC. CityParks Green Girls Empowered by ING is also offered as a once-a-week after school program in multiple park sites around the city, focusing on STEM learning, environmental science, and justice issues and fostering an understanding of the impact of climate change on the city’s waterways and urban forests. 

CityParks Green Girls Empowered by ING also offers a safe space for young women to share their social and academic challenges, celebrate their successes, build social support systems, and discuss topics like mental health, bullying, healthy relationships and lifestyles, gender bias, and more — all while changing the perception that STEM studies or careers are inaccessible to them because of their socioeconomic background or gender identity.

In 2020, ING Americas announced a three-year partnership to support the CityParks Green Girls program. ING has been long-time supporter of many of City Parks Foundation’s free sports instruction for kids, while hundreds of ING employees have contributed thousands of volunteer hours to beautify neighborhood parks across the city.

In 2021, City Parks Foundation will make the Green Girls Empowered by ING curriculum available to teachers and out-of-school time providers around the country, free of charge. The curriculum will be offered free for download but will require teachers to participate in an online learning session with CityParks Learn educators beforehand and to report on their program outcomes to inform and help shape future curriculum updates. The curriculum will include suggested lesson plans, tips on establishing partnerships, and advocacy tools to help instructors run a successful program.

“We are so proud to win this inaugural Climate Change award for our CityParks Green Girls Empowered by ING program. We are committed to providing girls opportunities to explore our city’s natural ecosystems through hands-on activities.  Our goal is to help these adolescent girls develop confidence and feel a sense of responsibility to create positive change in their natural environment,” said Heather Lubov, Executive Director of City Parks Foundation. “This recognition is coming at the perfect time, right when we are working to expand our program to teachers and out-of-school time providers nationwide by creating a curriculum and program model that we will share, free of charge, in early 2021.”

“This year’s winners are exemplary models of equitable, high-quality summer learning programs that help close the opportunity gap that can manifest at birth,” said Aaron Philip Dworkin, chief executive officer of NSLA. “We aim to support and encourage more programs like these, which engage our children, spark their curiosity and provide valuable social-emotional skills to succeed in academics and in life.”

For more information about the CityParks Green Girls Empowered by ING program and the 2021 digital nationwide program, please visit cityparksfoundation.org/green-girls.

About City Parks Foundation
At City Parks Foundation, we are dedicated to invigorating and transforming parks into dynamic, vibrant centers of urban life through sports, arts, community building and education programs for all New Yorkers. Our programs -- located in more than 400 parks, recreation centers and public schools across New York City --reach 300,000 people each year. Our ethos is simple: thriving parks mean thriving communities.

Governor Cuomo: 'The President Is Not Above the Law'

 

Governor Cuomo: "He doesn't control federal funding. The federal law controls federal funding, and the federal law is very specific: Jurisdiction doesn't get affordable housing money if it does this, jurisdiction gets community development money if it does this, the jurisdiction gets Title I education funding if it does this. And the President is not above the law - that's the Constitution of the United States."

Cuomo: "A couple of years ago they said sanctuary cities would not get federal criminal justice moneys and we said it was illegal and unconstitutional. We sued them and we won. Federal court said they could not take the federal money that was appropriated by Congress."

 The President talked about the anarchist jurisdictions. This is a continuation of his political theme which is that he's the law and order candidate. I understand the politics but when you try to manipulate and distort government agencies to play politics which is what the Trump Administration has done from day one, it's what the SALT taxes were, just taking from Democratic states to give to Republicans, it's what the Trusted Traveler Program was which has been outed by the US Attorney in the Southern District, so this is more the same.

If you remember, the Trump Administration tried this once before, not a new play. A couple of years ago they said sanctuary cities would not get federal criminal justice moneys and we said it was illegal and unconstitutional. We sued them and we won. Federal court said they could not take the federal money that was appropriated by Congress.

New York City has about $7 billion in federal funding which is much higher than the other cities he's named. Seattle only gets about $365 million. Not only - it's a lot of money but compared to New York City, it's not. Portland, Oregon, $252 million. New York City, $7.4 billion. Congress appropriates funds with specific legal requirements, so New York City gets HOME money from HUD. That's affordable housing money, it's appropriated with specific laws about the administration of that money. It gets community development block grant, CDBG, from HUD. There are specific legal requirements on that funding. The President can't supersede the law and say, "I'm going to make those funds basically discretionary funds," which is what he would to do to basically say, "I control all federal funding." He doesn't control federal funding. The federal law controls federal funding, and the federal law is very specific: Jurisdiction doesn't get affordable housing money if it does this, jurisdiction gets community development money if it does this, the jurisdiction gets Title I education funding if it does this. And the President is not above the law - that's the Constitution of the United States.

Policing is a power by the Constitution that is left to the States. That's the Tenth Amendment, it's left to the States. New York City is a creature of State law and the State, New York State, has the Constitutional authority for policing power. So just like sanctuary cities when he did it a couple of years ago and lost, if they actually do this, we will challenge it legally and he will lose once again because we've seen this play before. But again, it's just for the politics and part of his campaign rhetoric. 

CITIES TARGETED BY PRESIDENT TRUMP UNITE IN RESPONSE

  

New York, Portland, and Seattle speak out against political attack


 New York City Mayor Bill de Blasio, Portland Mayor Ted Wheeler, and Seattle Mayor Jenny Durkan today issued a joint statement in response to President Donald Trump’s threat to revoke federal funding.

 

“This is thoroughly political and unconstitutional. The President is playing cheap political games with Congressionally directed funds. Our cities are bringing communities together; our cities are pushing forward after fighting back a pandemic and facing the worst financial crisis since the Great Depression, all despite recklessness and partisanship from the White House. What the Trump Administration is engaging in now is more of what we've seen all along: shirking responsibility and placing blame elsewhere to cover its failure.”