§ 9. Removal of mayor. The mayor may be removed from office by the governor upon charges and after service upon him of a copy of the charges and an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the governor may suspend the mayor for a period not exceeding thirty days. § 10. Succession. a. In case of the suspension of the mayor from office, the mayor's temporary inability to discharge the powers and duties of the office of mayor by reason of sickness or otherwise, or the 3 mayor's absence from the city, the powers and duties of the office of mayor shall devolve upon the public advocate or the comptroller in that order of succession until the suspension, inability or absence shall cease. While so acting temporarily as mayor neither the public advocate nor the comptroller shall exercise any power of appointment to or removal from office or any power lawfully delegated by the mayor to a deputy mayor before the commencement of such suspension or inability, or before or after the commencement of such absence; and shall not, until such suspension, inability or absence shall have continued nine days, sign, approve or disapprove any local law or resolution, unless the period during which the mayor can act thereon would expire during said nine days in which case the public advocate or the comptroller shall have the power to disapprove the same within forty-eight hours before the time to act expires. b. In the case of a failure of a person elected as mayor to qualify, or a vacancy in the office caused by the mayor's resignation, removal, death or permanent inability to discharge the powers and duties of the office of mayor, such powers and duties shall devolve upon the public advocate, the comptroller or a person selected pursuant to subdivision c of section twenty-eight, in that order of succession, until a new mayor shall be elected as provided herein. Upon the commencement of the term of the person first elected mayor pursuant to the provisions of subdivision c of this section, the person then acting as mayor pursuant to the provisions of this subdivision, if an elected official, shall complete the term of the office to which such person was elected if any remains. c. 1. Within three days of the occurrence of a vacancy in the office of the mayor, the person acting as mayor shall proclaim the date for the election or elections required by this subdivision, provide notice of such proclamation to the city clerk and the board of elections and publish notice thereof in the City Record. After the proclamation of the date for an election to be held pursuant to paragraphs four or five of this subdivision, the city clerk shall publish notice thereof not less than twice in each week preceding the date of such election in newspapers distributed within the city, and the board of elections shall mail notice of such election to all registered voters within the city. 2. If a vacancy occurs during the first three years of the term, a general election to fill the vacancy for the remainder of the unexpired term shall be held in the year in which the vacancy occurs, unless the vacancy occurs after the last day on which an occuring vacancy may be filled at the general election in that same year with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law. If such a vacancy occurs in any year after such last day, it shall be filled for the remainder of the unexpired term at the general election in the following year provided, however, that no general election to fill a vacancy shall be held in the last year of the term, except as provided in paragraph nine of this subdivision. Party nominations of candidates for a general election to fill a vacancy for the remainder of the unexpired term shall be made at a primary election, except as provided in paragraph five of this subdivision. 3. If a special or general election to fill the vacancy on an interim basis has not been previously held pursuant to paragraphs four, six, seven and eight of this subdivision, the person elected to fill the vacancy for the remainder of the unexpired term at a general election shall take office immediately upon qualification and shall serve until 4 the term expires. If a special or general election to fill the vacancy on an interim basis has been previously held, the person elected to fill the vacancy for the remainder of the unexpired term at a general election shall take office on January first of the year following such general election and shall serve until the term expires. 4. If a vacancy occurs during the first three years of the term and on or before the last day in the third year of the term on which an occurring vacancy may be filled for the remainder of the unexpired term at a general election with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law, a special or general election to fill the vacancy on an interim basis shall be held, unless the vacancy occurs less than ninety days before the next primary election at which party nominations for a general election to fill the vacancy may be made and on or before the last day on which an occurring vacancy may be filled for the remainder of the unexpired term at the general election in the same year in which the vacancy occurs with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law. 5. If a vacancy occurs after the last day in the third year of the term on which an occurring vacancy may be filled for the remainder of the unexpired term at a general election in each year with party nominations of candidates for such election are being made at a primary election, as provided in section 6-116 of the election law, but not less than ninety days before the date of the primary election in the fourth year of such term, a special or general election to fill such vacancy for the remainder of the unexpired term shall be held. 6. Elections held pursuant to paragraph four or five of this subdivision shall be scheduled in the following manner: a special election to fill the vacancy shall be held on the first Tuesday at least sixty days after the occurrence of the vacancy, provided that the person acting as mayor, in the proclamation required by paragraph one of this subdivision, may schedule such election for another day not more than ten days after such Tuesday and not less than forty days after such proclamation if the person acting as mayor determines that such rescheduling is necessary to facilitate maximum voter participation; except that (a) if the vacancy occurs before September twentieth in any year and the first Tuesday at least sixty days after the occurrence of the vacancy is less than ninety days before a regularly scheduled general election or between a primary and a general election, the vacancy shall be filled at such general election; and (b) if the vacancy occurs before September twentieth in any year and the first Tuesday at least sixty days after the occurrence of the vacancy is after a regularly scheduled general election, the vacancy shall be filled at such general election; and (c) if the vacancy occurs on or after September twentieth in any year and the first Tuesday at least sixty days after the occurrence of the vacancy is after, but less than thirty days after, a regularly scheduled general election, the vacancy shall be filled at a special election to be held on the first Tuesday in December in such year. 7. All nominations for elections to fill vacancies held pursuant to paragraphs four and five of this subdivision shall be by independent nominating petition. A signature on an independent nominating petition made earlier than the date of the proclamation required by paragraph one of this subdivision shall not be counted.
Saturday, May 28, 2016
Friday, May 27, 2016
The problem with overdevelopment is that the open green spaces where there was once grass are covered over by cement, and the once beautiful shade trees are cut down by developers who want to build on every inch of the property which they have purchased. That one family home on a decent sized lot is torn down to build an apartment building such as the proposed eight story building for the address of 640 West 238th Street where a one family home once stood. This eight story apartment building will be built to the property line leaving a cement sidewalk as the only space in front of the building where a grass yard once was. As for the apartment building on the Independence Avenue side (the Bonnie House) the A line of that building was built to the property line, which means the windows that once overlooked a one family house will now be smack up against a cement wall. Don't worry the developer of 640 West 238th Street is going to brick up those windows so it will seem as though they never existed. Air conditioners will have to be removed, and there will be no ventilation from the east side anymore. Since the Bonnie house is a coop building the apartments mostly has dropped in value, especially the value of the apartments in the A line of the building. As for being a good neighbor the photos below will show just how little respect the developer of 640 West 238th Street has for the community, as the heavy, large demolition and construction vehicles have ruined the street, with no regard for the island in the middle of the block, placed construction equipment on sidewalks around the corner, blocked the one fire hydrant at the Independence Avenue side of West 238th Street, and how the trucks run up onto the sidewalk or island in the middle because they were just to large for the construction area. While I do not have a photo of a construction truck hitting the fire hydrant there are cracks in the sidewalk, and you can see just how careful workers were after I noticed the cracks. Oh by the way did I forget to say that the developer told the community board that all vehicles would load/unload on site, and that there would be flagmen at both sides when trucks arrived or left the site, see if you can spot them in the photos.
Above - This driver has the gall to pose on his truck as it sits at the edge of the island that he just went onto.
Below - After my complaints that construction trucks were going onto the island this orange fencing was put up by the developer, but apparently to no avail as you can see its conditionand where this truck is.
Above - Notice this piece of heavy equipment with its large metal cleats.
Below - Notice what those metal cleats and weight of the equipment did to the street and patch after other heavy equipment tore up the street.
Above - A piece of heavy equipment (a back hoe) sits on West 238th Street in front of the fire hydrant.
Below - Another piece of equipment sits by the hydrant, blocking fire department access if there was an emergency. Notice the cracks in the sidewalk around the hydrant.
Above - A smaller piece of construction sits partly on the side walk around the corner on Independence Avenue.
Below This truck comes nowhere near fitting into the construction site, and where are the flag people?
Above - One dump truck sits in front of the hydrant while anothe loads dirt from the site. Flagman anywhere? You can also see some of the windows of the bonnie house that will be bricked over so the view is not of a brick wall.
Below - A truck blocks the entrance to West 238th Street as another is on site, and a flatbed truck is double parked across from it on Independence Avenue to take away the piece of equipment which was partially parked on the sidewalk. Mind you this is right before dismissal of the two schools one block away.
Above and Below - This oversized truck has to go onto the sidewalk of the wrong side of the island narrowly missing the light pole as a child nears. I don't see anyone guiding this truck which is picking up a piece of heavy equipment.
Above - A close up of just how close this truck came to knocking down the light pole.
Below - The heavy piece of construction equipment has to be loaded around the corner on Blackstone Avenue. You can see that this piece of heavy construction equipment is to big for the trailer, and it is a good thing that it did not fall off. Assemblyman Jeffrey Dinowitz who lives just to the left was not home, while this was going on.
Above - A hose was connected to the fire hydrant to clean out the cement trucks that dropped their load for the foundation.
Below - If I didn't complain this is how the street would have been left.
Speaking of the cement poured for the foundation -Why was this 'STOP WORK ORDER' posted for 640 West 238th Street the Monday after a New York City Buildings Department worker took samples of the cement used for the foundation the previous Friday?
State Senator Jeff Klein, in partnership with Hebrew Home at Riverdale Kingsbridge Riverdale Van Cortlandt Parkway, hosted Riverdale’s first-ever Senior Citizen Prom yesterday.
Senior citizens throughout Riverdale enjoyed a “New York, New York”-themed senior prom. There was live music, delicious food, and even dancing by most of the attendees.
Above - State Senator Jeff Klein (left), and Mr. Dan Reingold President and CEO of the Hebrew Home of Riverdale (right) welcomed everyone to the first Senior Prom at the Hebrew Home of Riverdale.
Below - Senator Klein draws the name of the king of the Senior Prom, after Mr. Drew the name of the Queen of the Senior Prom.
Above - The King Richard Prendergast with Senator Klein, and the Queen Carmel Sullivan with Hebrew Home CEO Dan Reingold. The first dance was to Frank Sinatra's "New York, New York".
Below - It did not take long for the joint to begin jumping.
While I could not get a good photo of Senator Klein dancing, Here is one of Hebrew Home CEO Dan Reingold.
Senator Jeff Klein, Assemblyman Mark Gjonaj, and Bronx Borough President Ruben Diaz Host 4th Annual Bronx Day in Albany
Pictured above - Bronx Democratic County Leader Assemblyman Marcos Crespo, Borough President Ruben Diaz, State Senator Jeff Klein, Assemblyman Mark Gjonaj, along with the Bronx Overall Economic Development Corporation, The Bronx Tourism Council, and Bronx Chamber of Commerce hosted the 4th Annual Bronx Day at The Egg - The Hart Theater Lounge, Empire State Plaza in Albany, New York.
“Bronx Day is a great opportunity to showcase the culture, businesses, and outstanding organizations that make The Bronx such a unique and wonderful part of New York. This is a chance to bring a small taste of The Bronx up to our Capitol in Albany. I am happy to co-sponsor this event with Assemblyman Mark Gjonaj and Bronx Borough President Ruben Diaz, Jr., as we celebrate our borough and its rich cultural fabric,” said State Senator Jeff Klein.
“Great things are happening in The Bronx, and ‘Bronx Day’ is a wonderful way to highlight our achievements to the New York State Legislature. , we showcased the ‘Best of The Bronx’ with the participation of our businesses, restaurants and cultural institutions. I am proud to once again partner with Assembly Member Mark Gjonaj and State Senator Jeff Klein on this fantastic event,” said Bronx Borough President Ruben Diaz Jr.
“I am very excited to be able to host Bronx Day in Albany once again! As usual, we bring the best of the Bronx to Albany to highlight the wonderful organizations, businesses, cuisines and entertainment that our borough is proud to exhibit,” said Assemblyman Mark Gjonaj.
The celebration commenced with a cannoli-tasting contest, won by the famous Artuso’s Bakery, and a raffle with a 2015 Jeep Renegade grand prize. After the luncheon, hundreds of attendees enjoyed an evening dinner, where they sampled Italian delicacies from Little Italy and Arthur Avenue restaurants, all while being serenaded by vocalist Elio Scaccio and the band the Jumpin’ Dragons.
Get Your Tickets Now!
Our guests will enjoy:
Round-trip transportation from Manhattan
Free parking at Manhattan College (location is easily accessible by public transportation too)
Picnic Supper with Libations under a tent at Van Cortlandt House Museum
Reserved V.I.P. seating on chairs for the New York Philharmonic Concert on the Parade Ground
*** New This Year: Musicians will be playing under our tent during our supper***
Special Thank You to Our Sponsors to Date
Carter, Ledyard and Milburn
Richard & Sue Baldwin
Linda Cox & John Robinson
Kingsbridge Associates LLC
Mrs. & Mrs. Jody Klein
Lemle & Wolff Inc.
Ridgewood Savings Bank
David Steinberger & Dara Caponigro
Thursday, May 26, 2016
A.G. Schneiderman Announces Settlement With Pharmacy That Billed Medicaid For 4,600 Prescriptions Written By Excluded Provider
Pharmacy To Pay $478K In Restitution And Damages
Schneiderman: My Office Will Continue Working To Root Out Medicaid Fraud And Recover Unlawfully Claimed Funds
Attorney General Eric T. Schneiderman announced today that his office has entered into a settlement agreement with Vascuscript, Inc., d/b/a Mobile Pharmacy Solutions, to resolve allegations that it billed Medicaid for prescriptions which were written by an excluded Medicaid Provider.
“When Medicaid payment is obtained for prescriptions ordered by an excluded Medicaid Provider, New York tax dollars are spent on services which are ineligible for such payment,” said Attorney General Schneiderman. “My office will continue working to root out Medicaid fraud and recover unlawfully claimed funds, so that Medicaid can continue providing critical services for those in need.”
The Attorney General’s investigation determined that from April 21, 2010, through January 25, 2013, Vascuscript, Inc. submitted and received payment on approximately 4,600 claims to Medicaid for prescriptions that were written by Dr. Mikhail Strutsovskiy. The Department of Health had previously excluded Dr. Strutsovskiy from the Medicaid program, rendering prescriptions written by him ineligible for Medicaid reimbursement. Before filling a prescription, pharmacies are required under Medicaid billing rules to first ascertain whether the prescriber’s services are eligible for reimbursement. Because Vascuscript did not do so, it filled and delivered the prescriptions written by Dr. Strutsovskiy that were not eligible for Medicaid reimbursement.
As a result of the Attorney General’s settlement with Vascuscript, Inc, the pharmacy will pay New York State $442,000 plus $36,000 in damages pursuant to the New York False Claims Act.
Wednesday, May 25, 2016
Sajmir Alimehmeti, a/k/a “Abdul Qawii,” purchased knives and other military-type equipment, provided advice and assistance to an individual he believed to be traveling to fight with ISIL, and took steps to facilitate his own travel to join ISIL
Preet Bharara, the United States Attorney for the Southern District of New York, John P. Carlin, Assistant Attorney General for National Security, Diego Rodriguez, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and William J. Bratton, the Commissioner of the Police Department for the City of New York (“NYPD”), announced that SAJMIR ALIMEHMETI, a/k/a “Abdul Qawii,” was arrested today in the Bronx, for attempting to provide material support to the Islamic State of Iraq and the Levant (“ISIL”), a designated foreign terrorist organization, as well as for making a false statement in an application for a United States passport. ALIMEHMETI is expected to be presented later today before U.S. Magistrate Judge Gabriel W. Gorenstein in Manhattan federal court.
Adam's Birthday Celebration!
Wednesday, May 25th
679 Riverside Drive
New York, NY 10031
*Inside Riverbank State Park*
(enter 145th Street)
* Music, Hors d'Oeuvres and Open Bar *
Happy Birthday Adam, but you will not see me there. I have other things on my schedule.
The Bronx’s unemployment rate has fallen once again, according to newly released statistics from the New York State Department of Labor.
The unemployment rate in The Bronx fell to 6.6 percent in April 2016, down from 7.9 percent in March 2016 and 7.8 percent in in April 2015. This is the lowest unemployment rate the borough has seen since Bronx Borough President Ruben Diaz Jr. first took office in May 2009.
The total number of Bronxites employed also remains considerably high, 569,700, meaning that over 100,000 more Bronx residents have jobs today than when Borough President Diaz took office seven years ago.
“What we are doing is working,” said Borough President Diaz. “We have seen considerable growth in our borough during the past seven years, and that investment is having a positive effect on the people who call The Bronx their home. More people are employed than ever before and our unemployment rate has been cut significantly, thanks to the hard work of our elected officials, community boards, business community, non-profits, neighborhood leaders and our 1.4 million residents. Everyone can share in this success.”
The Department of Labor’s statistics can be found at http://labor.ny.gov/stats/
Since Borough President Diaz took office in 2009, The Bronx has seen more than $9.4 billion in total development, which has led to the creation of thousands of new jobs. In addition, a partnership announced by Governor Andrew Cuomo announced in August 2014 between the New York State Department of Labor and the Bronx Overall Economic Development Corporation, as part of the “NY Works,” program is placing Bronx residents in these jobs, helping to ensure that new development here benefits everyone, especially Bronxites.
As probe of multi-level marketing company comes to an end, legislators write to FTC Chairwoman to protect consumers from financial harm
State Senator Jeff Klein and Assemblyman Francisco Moya wrote to Federal Trade Commission Chairwoman Edith Ramirez to urge that federal regulators probing Herbalife International consider injunctive relief that includes sweeping reforms to the multi-level marketing companies business models to shield consumers from financial harm and fraud.
The FTC has been investigating Herbalife International and is reportedly near to announcing a resolution in the probe. Hundreds of former Herbalife distributors have submitted complaints to state and federal authorities, each after losing thousands of dollars to the company.
Senator Klein and Assemblyman Moya recommended that the FTC require Herbalife to document and disclose its retail sales to participants who are not in the distributor network, and release the average income and commissions earned by independent distributors.
“Herbalife should also be required to disclose to the public where nutrition clubs are located and provide regulators proof that these businesses comply with state and federal labor laws. Additionally, rewards designed to incentivize recruitment (e.g. Production Bonus) and the product purchasing requirements that encourage so-called inventory loading should be removed immediately,” Klein and Moya wrote.
Klein introduced legislation to protect consumers against multi-level marketing companies like Herbalife and level penalties against such companies that employ deceptive practices. Assemblyman Moya recently introduced companion legislation.
In New York City, Herbalife nutrition clubs are located in predominantly Hispanic neighborhoods. Lured by the promise of a “great business opportunity” where the American Dream of entrepreneurship is glamorized through testimonials where sellers say they earn millions, live in mansions and take extravagant trips, many wind up losing their life-savings.
Through a series of undercover investigations and victim interviews, Senator Klein has exposed Herbalife as a pyramid scheme, where distributors desperately try to climb up a ladder as they continue to invest.
Klein and Moya’s legislation would increase transparency, educate consumers and impose penalties on companies that do not comply with the law.
“I am delighted with today's announcement, which represents a great day for public transportation in The Bronx, across the city and throughout the region. The Capital Plan Review Board’s approval of the Metropolitan Transportation Authority’s capital budget is a tremendous step forward. A fully-funded MTA capital plan is critical to not only the continued maintenance of our transit system but to the development of new infrastructure improvements, as well.
"Most importantly, for my borough, this capital plan funds the long awaited, much anticipated East Bronx Metro North expansion. The establishment of new commuter stations in Co-op City, Morris Park, Parkchester/Van Nest, and Hunts Point will not only offer residents of these communities a new transportation option, it will open the East Bronx corridor to new residential and commercial development potential as well as reverse commute employment opportunities, and is the most significant infrastructure improvement our borough has seen in decades.
“I want to thank Governor Cuomo, Assembly Speaker Carl Heastie, State Senate Coalition Co-Leader Jeff Klein and the board of the MTA, especially Bronxites Fernando Ferrer and Charles Moerdler; as well as the numerous community and elected leaders who showed their support for this expansion, for their continued advocacy on behalf of this long-awaited project,” said Bronx Borough President Ruben Diaz Jr.
Bronx State Assemblyman Luis Sepúlveda announced his support for Adriano Espaillat in the race for Congress in District 13.
“Adriano Espaillat is an energetic champion for working men and women across this city. Whether it’s standing up for a real minimum wage that treats workers with dignity or the rights of tenants so they can stay in their communities, Adriano has been there for us,” said Assemblyman Luis Sepúlveda. “As a member of Congress, I know he will be a progressive force who we can trust to do what’s right for the Bronx. I’m proud to endorse Adriano Espaillat for Congress.”
“I am thrilled to have the support of a true leader who has been a partner in so many tough fights in Albany. From raising the minimum wage to $15 an hour, to providing real opportunities to the neighborhoods that need them most, Assemblyman Sepúlveda and I have worked together to uplift our communities. I look forward to continuing our work to unleash the full potential of the Bronx.”
The endorsement from Assemblyman Sepúlveda comes on the heels of several endorsements from prominent Bronx lawmakers and local leaders, including State Senator Gustavo Rivera, State Assemblymember Victor Pichardo, City Councilman Ritchie Torres, and Yudelka Tapia, Democratic District Leader in Assembly District 86. Espaillat won the Bronx in 2014 when he challenged retiring 45-year incumbent Charles Rangel.
The 13th congressional district stretches from Harlem to Inwood in upper Manhattan and covers parts of the Bronx.
Tuesday, May 24, 2016
Be careful now by PS 81 cause they will get you coming and going.
Here is the newest 'Speed Camera' that was put up on Riverdale Avenue at the south exit of the Skyview Shopping Center. The question however, is this speed camera placed facing south on Riverdale Avenue (and of course as the road slopes down so cars will gain speed) within the PS 81 School Zone as required by state law. Then there is as you will see in the next two photos if the street light arm is in the radar circumference.
Above and Below - the question is - does the arm of the street light (and possibly the wires, and soon tree limbs) interfere with a proper speed reading?
Above - The original speed camera car which was placed before PS 81 (on October 3, 2015) facing northbound on Riverdale Avenue.
Below - The Speed Camera which was put up shortly after we exposed the speed camera car.
So why did Mayor Dollar Bill de Blasio put the speed cameras north and south on Riverdale Avenue by PS 81? It surely wasn't because of the NYCDOT survey of speeding cars on Riverdale Avenue, because that survey was done of the cars speeding on Fieldstone Road heading past the Riverdale Country School. Source - Former Mayor Mike Bloomberg and his DOT commissioner at the press conference when the state legislature passed the speed camera law (June 2013) while Bloomberg was still mayor. They were then installed under Mayor Dollar Bill de Blasio.
Be careful now by PS 81 cause they will get you coming and going.
Below - Mayor Dollar Bill on September 2, 2014 by PS/MS 95 with one of the new speed camera cars.