Saturday, November 23, 2019

Why is a Manhattan City Councilman all of a Sudden interested in a South Bronx Congressional District? Answer Below.

             
 THE COUNCIL OF THE CITY 
OF NEW YORK

OFFICE OF COUNCIL MEMBER
YDANIS RODRIGUEZ
  
CITY HALL
NEW YORK, NY 10007
(212) 788-7053

Friday, November 22, 2019

Community Coat Drive and Turkey Giveaways
 

Turkey Giveaway with The Cesar Presbott Foundation:
 
New York, NY-- Today! Council Member Ydanis Rodriguez will be supporting the Cesar Presbott Foundation on their 41st year serving the community. This year they will be donating turkeys at the International Community Aspira New York Beacon Program, alongside their Director, Bernardo Hernandez. The Cesar Presbott Foundation Inc. (CPF) is a nonprofit charity institution committed to supporting communities through sports, education, and many more resources.

Who: Council Member Ydanis Rodriguez, The Cesar Presbott Foundation, and Aspira New York

What: Turkey Giveaway with The Cesar Presbott Foundation

Where: 345 Brook Ave. Corner, 141st, Bronx New York, 10454

When: Today! Friday, November 22; 4:00PM
---------------------------------------------------------------

Thanksgiving Coat Drive: 
 
New York, NY- On Saturday, November 23rd, Council Member Ydanis Rodriguez will be participating in a Thanksgiving Coat Drive. The Latino Pastoral Action Center Inc, will be hosting the community event, which is sponsored by Major World, Dominican Sunday, S.O.Y, and Credit City. As the City drops in temperature, these organizations want to provide some relief to those in need as we approach the holiday season. 

Who: Council Member Ydanis Rodriguez, Latino Pastoral Action Center INC
What: Thanksgiving Coat Drives

Where: 14 West 170th ST, Bronx

When: Saturday, November 23; 12:00PM - 4:00PM


EDITOR'S NOTE:

Why all of a sudden would a Manhattan City Councilman give out turkeys in the South Bronx, and participate in a South Bronx coat drive?

Could the answer be that this Manhattan City Councilman has announced that he is now running for this South Bronx Congressional district?

Also how is this Manhattan City Councilman connected to the Latino Patoral Action Center Inc?

Friday, November 22, 2019

Los Nutcrackers returns to BAAD! - Gay Latino Holiday Show in the Bronx


BAAD! The Bronx Academy of Arts and Dance proudly presents Los Nutcrackers: A Christmas Carajo, written by Charles Rice-González and directed by Fernando Vieira. This year marks the play’s 16th year at BAAD!, and the second time that Vieira helms the work. The play interweaves two holiday classics, The Nutcracker and A Christmas Carol, to create a queer, Latino play about a couple who go on a psychedelic trip through their lives one Christmas Eve. The playdates are December 6, 7, 12, 13, 14, and 20 at 8pm; Saturday, December 14 at 3pm and the closing night show on December 21 is at 7pm with a post-show party. All performances are at BAAD!, 2474 Westchester Avenue in the Westchester Square section of the Bronx. Tickets are $25 with discounts offered for seniors and students.  For tickets call 718-918-2110 or visit www.BAADBronx.org. BAAD! can be reached by the #6 train to Westchester Square or Zerega Avenue.

This  gay, Latino  comedic  play  centers  around  a couple,  Carlos  and  Gabriel,  who  have  been together for 15 years. Their arguing and fighting has reached the queer heavens from which comes a diva spirit who guides them on a trip through their lives. They travel to the first time they met, and this year the play rewinds back to 1978 to the height of disco, then the couple moves through scenes that include a catastrophic trip to City Center to see The Nutcracker, a dinner party with Martha Stewart fanatics, and more.
The play features a talented and sexy cast of actors. Returning from previous years are Robert Maisonett, Yosvany Reyes and Jesse Vega. Returning from last year’s production is Manny Lopez and joining the cast for the first time is Danny ArguelloLos Nutcrackers spent three years in development at BAAD!, then had its premiere production in 2004.

Charles Rice-González has written several plays including Pink JesusThe Artist and I Just Love Andy Gibb published in Blacktino Queer Performance: A Critical Anthology (Duke Press). His lauded debut novel, Chulito, is about a 16 year old, Latino thug coming out in the South Bronx and he co-edited the anthology From Macho to Mariposa: New Gay Latino Fiction. He has won several awards, including the 2014 Emerging Writers Award from the Lambda Literary Foundation. He received an MFA in Creative Writing from Goddard College.

Fernando Vieira is an Ecuadorean-born, New York City-based award-winning director, actor and writer who works both on the stage and screen.  In 2016, Vieira wrote and directed a monologue titled "Me voy porque puedo." Other directing credits include "Enrique," "Las Sirvientas," Jean Genet's "The Maids," "Pensamientos," "Las cuarentonas tienen derecho a amar," and in 2018 and 2019 participated as a director in "48 Hour in...El Bronx" a theatrical collaboration produced by Harlem9 and Pregones/Puerto Rican Traveling Theater.  He wrote and directed a Spanish-language short film titled "La sospecha" in 2010. That same year, he debuted on the stage in an adaptation of Federico Garcia Lorca's "Bodas de sangre." His television debut was in the Telemundo telenovela "Alguien te mira." Other credits acting credits include "La casa de al lado," "El fantasma de Elena" and "Corazón valiente."

Crowned “a funky and welcoming performance space” by The New York Times, BAAD presents cutting-edge and challenging works that are empowering to women, people of color and the LGBTQ (lesbian, gay, bisexual, transgender and queer) community.   BAAD! is home to Arthur Aviles Typical Theatre, The AATT Academy and the Bronx Dance Coalition. In 2013, BAAD! moved from Hunts Point to Westchester Square and in December will mark 21 years of being BAAD!

Manhattan U.S. Attorney Announces Indictment And Arrest Of Ophthalmologist For Healthcare Fraud


Government Also Files Civil Fraud Lawsuit Against Ophthalmologist and His Medical Practice

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Scott Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s (“HHS-OIG”) New York Region, announced today that AMEET GOYAL, M.D. (“GOYAL”), an ophthalmologist with practices in Rye, Mt. Kisco, and Wappingers Falls, New York, and Greenwich, Connecticut, has been indicted for healthcare fraud.  Mr. Berman’s Office also today filed a civil fraud complaint against GOYAL and the entity that owns his medical practice, AMEET GOYAL, M.D, P.C. d/b/a/ THE EYE ASSOCIATES GROUP (the “Practice”), under the False Claims Act. 
Specifically, the Indictment charges GOYAL with fraudulently billing patients, Medicare, and private insurance programs millions of dollars, between 2010 and 2017, for complex eye surgeries that GOYAL had not actually performed.  The Civil Complaint further alleges that GOYAL and his Practice engaged in widespread healthcare fraud by consistently “upcoding” these and other surgical procedures, examinations, and tests in fraudulent billings submitted to Medicare and Medicaid.  As alleged, GOYAL also falsified patient medical records, pressured other employees in his Practice to engage in the scheme, and initiated debt collection proceedings against patients who did not pay the full amounts of his fraudulently billed charges.
GOYAL was arrested this morning and was arraigned in federal court today before United States Magistrate Judge Paul E. Davison.  The case is assigned to U.S. District Judge Cathy Seibel.
U.S. Attorney Geoffrey S. Berman said:  “As alleged, Dr. Ameet Goyal repeatedly upcoded minor ophthalmological procedures, defrauding insurers and patients by grossly overbilling, netting millions in ill-gotten gains in the process.  As further alleged, Goyal also billed for tests and procedures that were never performed, falsified medical records, bullied others in his practice to abet the scheme, and intimidated patients who questioned their bills.  Thanks to our law enforcement partners, Goyal’s conduct has come into focus.  Ameet Goyal now faces criminal prosecution and civil sanctions for his conduct.”
FBI Assistant Director William F. Sweeney Jr. said:  “When we go to the doctor, we have to put our faith in their knowledge because they have expertise we don’t.  Dr. Goyal allegedly lied to patients about what they were being billed for, forced them to pay for treatments they didn’t receive, and then threatened his staff if they expressed alarm about taking part in the fraud.  Medical practitioners who are more concerned with their profits than with the health of their patients are going against the oath they took, they are doing harm and they should be held accountable.”
HHS-OIG Special Agent in Charge Scott Lampert said:  “Goyal’s reprehensible conduct compromised patient care and undermined the integrity of the Medicare program.  Along with our law enforcement partners, HHS-OIG will continue to protect the public and ensure that those who bill for services provided by taxpayer funded health care programs do so in an honest manner.”
According to the Indictment[1]:
From at least in or about January 2010 through in or about March 2017, GOYAL systematically submitted false and fraudulent claims that misrepresented the services provided to patients of the Practice and falsely billed for higher-paying surgical treatments than the lower-paying, minor procedures actually performed.  
For example, GOYAL and others at the Practice routinely treated patients for an excision of a chalazion, a small bump on an eyelid, typically removed in less than 15 minutes.  An excision of chalazion, when billed truthfully under its associated code, paid the Practice approximately $200 on average from patients and insurance programs.  However, GOYAL systematically billed an excision of chalazion and other similar superficial eyelid procedures as if he had performed an orbitotomy together with a conjunctivoplasty, which are complex surgeries into the orbit of the eye, often to remove an orbital tumor, that typically take an hour or more to perform.  These substantial surgeries, as billed, paid the Practice approximately $1,400 on average from a combination of insurance and patient out-of-pocket payments.  Goyal also upcoded certain superficial procedures as an excision and repair of eyelid, a type of higher-paying eyelid surgery involving reconstruction or removal of certain lesions other than chalazions.  During the relevant time period, GOYAL billed less than 40 chalazions under the billing code designated for excision of chalazion, while billing over 1,400 orbitotomies, over 700 bundled conjunctivoplasties, and over 1,600 excision and repair of eyelid surgeries, all of which he claimed to have performed personally. 
To further effectuate the scheme, GOYAL directed other employees of the Practice, including other ophthalmologists, to upcode minor procedures into higher-paying surgeries.  GOYAL threatened the livelihood of employees who were reluctant to comply with these directions.
Between about January 2010 through about March 2017, GOYAL caused the Practice to bill insurance programs and patients over $8 million for supposedly performed orbitotomies, bundled conjunctivoplasties, and excisions and repair of eyelid.  The Practice received over $3 million in payments for these claims, a substantial portion of which were fraudulently billed. 
According to the Civil Complaint, in addition to falsely billing for orbitotomies and conjunctivoplasties and other related codes:
GOYAL and his Practice routinely submitted fraudulent claims to Medicare and Medicaid for a wide range of other surgical procedures, examinations, and tests purportedly performed by GOYAL that were not actually performed, not medically necessary, not documented in the medical records, and/or failed to otherwise comply with Medicare and Medicaid rules and regulations.  In order to justify this billing, GOYAL falsified patient diagnoses and prepared operative reports that falsely described the procedures performed on patients.  The lawsuit seeks to recover treble damages and civil penalties under the False Claims Act.
GOYAL, 56, of Rye, New York, is charged with three counts in the Indictment.  The first count charges healthcare fraud, which carries a maximum sentence of 10 years in prison; the second count charges wire fraud, which carries a maximum sentence of 20 years in prison; the third count charges making false statements relating to health care matters, which carries a maximum sentence of five years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.           
Mr. Berman praised the outstanding investigative work of the FBI and HHS-OIG.     
This criminal case is being handled by the Office’s White Plains Division.  Assistant U.S. Attorneys Vladislav Vainberg, David Felton, and Margery Feinzig are in charge of the prosecution.  The civil lawsuit is being handled by the Office’s Civil Frauds Unit.  Assistant U.S. Attorney Jeffrey K. Powell is in charge of the civil case.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
 [1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation

Russian Hacker Who Used NeverQuest Malware To Steal Money From Victims’ Bank Accounts Sentenced In Manhattan Federal Court To Four Years In Prison


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that STANISLAV VITALIYEVICH LISOV, a/k/a “Black,” a/k/a “Blackf” (“LISOV”), was sentenced to 48 months in prison today for conspiring to deploy and use a type of malicious software known as NeverQuest to infect the computers of unwitting victims, steal their login information for online banking accounts, and use that information to steal money out of the victims’ accounts.  NeverQuest has been responsible for millions of dollars’ worth of attempts by hackers to steal money out of victims’ bank accounts.  LISOV was sentenced by U.S. District Judge Valerie E. Caproni, who presided over his guilty plea earlier this year.

U.S. Attorney Geoffrey S. Berman stated:  “Stanislav Vitaliyevich Lisov, a Russian hacker, used malware to infect victims’ computers, obtain their login credentials for online banking accounts, and steal money from their accounts.  This type of cybercrime threatens personal privacy and harms financial institutions.  Lisov’s arrest, extradition, conviction, and prison sentence should send an unmistakable message about this Office’s firm commitment to prosecuting hackers – domestic and foreign alike.”
According to the allegations in the Indictment to which LISOV pled guilty, public court filings, and statements made in court:
NeverQuest is a type of malicious software, or malware, known as a banking Trojan.  It can be introduced to victims’ computers through social media websites, phishing emails, or file transfers.  Once surreptitiously installed on a victim’s computer, NeverQuest is able to identify when a victim attempted to log onto an online banking website and transfer the victim’s login credentials – including his or her username and password – back to a computer server used to administer the NeverQuest malware.  Once surreptitiously installed, NeverQuest enables its administrators remotely to control a victim’s computer and log into the victim’s online banking or other financial accounts, transfer money to other accounts, change login credentials, write online checks, and purchase goods from online vendors.
Between June 2012 and January 2015, LISOV was responsible for key aspects of the creation and administration of a network of victim computers known as a “botnet” that was infected with NeverQuest.  Among other things, LISOV maintained infrastructure for this criminal enterprise, including by renting and paying for computer servers used to manage the botnet that had been compromised by NeverQuest.  Those computer servers contained lists with approximately 1.7 million stolen login credentials – including usernames, passwords, and security questions and answers – for victims’ accounts on banking and other financial websites.  LISOV had administrative-level access to those computer servers.
LISOV also personally harvested login information from unwitting victims of NeverQuest malware, including usernames, passwords, and security questions and answers.  In addition, LISOV discussed trafficking in stolen login information and personally identifying information of victims.
On January 13, 2017, LISOV was arrested in Spain pursuant to a provisional arrest warrant.  On January 19, 2018, LISOV was extradited from Spain to the United States.
In addition to his prison term, LISOV, 34, a citizen of Russia, was sentenced to three years of supervised release, and was ordered to pay forfeiture of $50,000 and restitution of $481,388.04.
Mr. Berman praised the outstanding investigative efforts of the Federal Bureau of Investigation. 

Attorney General James Joins Coalition Opposing EPA Proposal To Gut Methane Emission Standards


Attorney General James Joins Coalition Opposing EPA
Proposal to Gut Methane Emission Standards

This dangerous proposal would increase emissions and hurt public health 
   New York Attorney General Letitia James, joining a coalition of 21 attorneys general, the City of Chicago, the City and County of Denver, and the Colorado Department of Public Health, today filed comments opposing an unlawful proposal by the U.S. Environmental Protection Agency (EPA) which would gut the current standards that limit emissions of methane and other harmful pollutants from new, reconstructed, and modified facilities in the oil and natural gas industry. This sector is the largest industrial source of methane emissions, a greenhouse gas up to 84 times more potent than carbon dioxide in its ability to trap heat.  
“The EPA has continued to act recklessly in the face of climate change,” said Attorney General Letitia James. “Increasing hazardous emissions of severe pollutants like Methane will hurt Americans across this country, especially our children, and we will not stand idly by while the EPA continues to roll back its previous standards. This is why I am proud to join this coalition of attorneys general to fight back. ”  
The proposed rule would increase emissions of hazardous air pollutants, methane, and volatile organic compounds (VOC), accelerating the impacts of climate change. VOC emissions contribute to the formation of ozone, which poses a significant threat to public health, particularly to children, older adults, and those suffering from chronic lung disease and asthma.  
The weakened standards would undermine a commonsense rule that reduces harmful pollutants and recovers valuable natural gas that would otherwise be lost. The current standard, which was set in 2016, is estimated to prevent 300,000 tons of methane emissions in 2020 and 510,000 tons in 2025. In 2016, the EPA analyzed the costs and benefits of the current standard, including the revenues generated from recovered natural gas that would otherwise be vented, and determined that the standard would result in a net benefit estimated at $35 million in 2020 and $170 million in 2025. 
The coalition argues in the letter that EPA’s proposed rule is unlawful because EPA: 
  • Disregards its own previous conclusions about the substantial adverse impacts of methane emissions from the oil and natural gas industry, the largest domestic source of climate-warming methane;
  • Fails to justify its decision to abandon the regulation of methane; and
  • Arbitrarily eliminates pollution controls from the transmission and storage segment of the oil and natural gas sector, in direct contravention of EPA’s prior factual and legal findings.
The coalition also submitted comments in December 2018 on an earlier attempt by the EPA to weaken aspects of the current standard. 
In filing today’s letter Attorney General Letitia James joined a multistate coalition led by California Attorney General Xavier Becerra, along with the attorneys general of Colorado, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia; as well as the City of Chicago, the City and County of Denver, and the Colorado Department of Public Health and Environment.

Construction Company Operator, Foreperson and Engineer Indicted for Manslaughter in Death of Laborer Buried in Debris Following Wall Collapse


Defendants Allegedly Ignored Workers’ Safety Concerns, Industry Protocols And Concerns Expressed by Adjacent Property Owners 

  Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Margaret Garnett, New York City Department of Buildings Commissioner Melanie La Rocca, and Occupational Safety and Health Administration Regional Administrator Richard Mendelson, announced that the operator of a Sunset Park construction company, two other men and two businesses, have been indicted on manslaughter and other charges after a wall collapsed at an excavation site, killing a construction worker, Luis Almonte Sanchez, who was buried under thousands of pounds of debris. Three additional defendants have been indicted on lesser related charges.

  District Attorney Gonzalez said, “Despite a construction-related conviction for attempted bribery a few years earlier, the construction company operator allegedly continued to play fast and loose with safety protocols, taking shortcuts to increase profit margins – this time with deadly consequences. We allege that the dangerous conditions at the site – which had been reported by laborers and neighbors – were ignored by these defendants and directly led to the death of Luis Almonte Sanchez, a 47-year-old family man. As new construction continues to proliferate in Brooklyn, it is incumbent upon builders to put safety first. As District Attorney, I am committed to protecting the safety of all workers.”

 Commissioner Garnett said, “This indictment demonstrates the tragic results that we have seen far too often when individuals who purport to be construction professionals ignore safety problems and warnings. These defendants discounted the City’s construction code, making up the rules as they went along, creating the perfect conditions for a disaster that ultimately cost a worker his life, according to the charges. DOI thanks the Brooklyn District Attorney, the City Department of Buildings, and our other partners for their collaboration and commitment on this investigation.”

 Commissioner La Rocca said, “Cutting corners on the work site costs lives. Luis Almonte Sanchez is no longer with us due to the defendants’ callous disregard for even the most basic excavation safety regulations, in service of padding their own bank accounts. I want to thank my colleagues District Attorney Gonzalez and Commissioner Garnett for their ongoing partnership during this investigation. This indictment sends a resolute message to bad actors in the construction industry: The City will not tolerate those who put profit ahead of the lives of their workers.”

 Regional Administrator Mendelson said, “OSHA will continue to work with our law enforcement colleagues to achieve our mutual goal of safe and healthful workplaces by ensuring that employers comply with our agencies’ applicable laws and regulations, and by holding employers accountable if they disregard their safety and health responsibilities.”

 The District Attorney identified the defendants as Jiaxi “Jimmy” Liu, 46, of Staten Island; Wilson Garcia Jr., 45, of Staten Island; Paul Bailey, 56, of Pelham, New York; Jia Rong “Tommy” Liu, 49, of Brooklyn; Siu Wah Maria Cheung-Mui, 31, of Brooklyn; Cindy Chai, 42, of Staten Island; Bailey’s Engineering, of Manhattan; WSC Group LLC, of Brooklyn; and WS Construction Inc., of Brooklyn.

 Jiaxi Liu, Garcia, Bailey, WSC Group LLC, and Bailey’s Engineering PC are charged with second-degree manslaughter; Jiaxi Liu, WSC Group LLC, Garcia, Bailey, Bailey’s Engineering PC and Cheung-Miu are charged with criminally negligent homicide. Jiaxi and Jia Rong Liu, WSC Group, Garcia, Bailey, Bailey’s Engineering and Cheung-Mui are charged with second-degree reckless endangerment. Jiaxi Liu, Garcia and WSC Group are charged with fourth-degree criminal mischief. Jiaxi and Jia Rong Liu and Cheung-Mui are charged with firstdegree offering a false instrument for filing. The defendants are also variously charged with third-degree insurance fraud; fraudulent practices, workers’ compensation law, Section 114 (3) and Section 96; third-degree grand larceny; criminal tax fraud in the third-, fourth- and fifthdegree; and second- and third-degree criminal possession of a forged instrument.

 The District Attorney said that, according to the indictment, between April and September 2018, construction workers employed by WSC Group Inc., performed demolition, excavation and foundation work at a construction site at 714 39th Street in Sunset Park. The construction involved removing a one-story industrial building and replacing it with a four-story manufacturing and community facility, including a new cellar level that would serve as an underground garage approximately nine feet below the first-floor level.

 It is alleged that, despite repeated warnings of dangerous conditions at the site from workers and adjacent property owners, Jiaxi “Jimmy” Liu refused to stop work at the site. On September 12, 2018, at approximately 2 p.m., a portion of a support of excavation system (SOE) and an existing masonry wall – adjacent to residential apartment buildings – collapsed, trapping one of the construction workers who was performing foundation work in the immediate vicinity. That worker, Luis Almonte Sanchez, 47, an employee of WSC Group, was struck by one of the underpinning pin sections, which weighed between 15,000 and 45,000 pounds and was buried under the collapsing debris. First responders couldn’t recover Sanchez’s body until the following day due to unstable conditions at the site, which were worsened by significant rain.

 The District Attorney said that, according to the indictment, Jimmy Liu ran WSC Group, the company hired to perform the excavation work and it was his responsibility to give instructions to his foreperson and workers; His brother, Tommy Liu owned WSC Group; Wilson Garcia was the foreperson at the site; Paul Bailey was an engineer, acting as the Special Inspector at the site, and whose responsibility was to oversee the work and ensure that all building and administrative codes were complied with and that the construction site was safe for workers; Wilson Garcia served as the foreperson and “competent person,” designated to identify hazards and take immediate action to correct the hazards on site; Cheung-Mui was licensed as a construction superintendent by the DOB and was required to be on site to maintain a safe job site, maintain compliance with approved construction documents and perform daily site visits; Cindy Chai was the bookkeeper at WSC Group LLC and is only charged in connection with financial crimes alleged in the indictment.

 It is alleged, according to the indictment, that the defendants were obligated by law to ensure that the construction site was in compliance with regulations promulgated by the DOB and Occupational Safety and Health Administration to ensure the safety of the work site, but, in fact, the site was not in compliance and, furthermore, the defendants failed to follow the design plans submitted and approved by the DOB. They allegedly solicited new plans, which were not submitted to DOB, but ultimately didn’t follow any plans, leading to hazardous conditions at the site. Among the issues: the excavation was too deep, the underpinning system wasn’t installed properly and safe bracing procedures were not followed.

 Furthermore, it is alleged that in the days prior to September 12, 2018, Jimmy Liu and Garcia were informed by several of their workers of a number of potentially dangerous conditions, including that the rear wall was moving forward and that it had to be further braced with another beam across the lower portion of the wall in order to stop the wall’s movement.

 Also, it is alleged, Jimmy Liu and Garcia were notified by a resident who lived immediately adjacent to the rear wall that her patio and garage had caved in. It is alleged that, despite those warnings, Jimmy Liu and Garcia refused to direct the workers to install additional bracing and never halted work at the site in order to assess or remedy the conditions. Nor did they notify DOB about the conditions.

 Instead, it is alleged, they ordered workers to continue working on the underpinning at the rear of the site and in the days immediately preceding the collapse allowed a trucking company to continue to remove truckloads of dirt during a heavy rain storm, further destabilizing the site and causing the fatal collapse.

 Additionally, it is alleged, some of the same individuals and companies were involved in another construction project located at 1759 Bay Ridge Parkway in 2017-2018, that was subject to numerous safety complaints that led to a DOB inspection, which uncovered numerous violations, and resulted in a stop work order. It is alleged that work continued at the site despite the order.

 Finally, it is alleged, that WSC defrauded the New York State Insurance Fund of nearly $47,000 by making false statements about their employees, and that it also committed tax fraud by failing to file taxes between 2015 and 2018 and owes more than $28,000 for 2015 and 2016.

 Following the 2018 fatal construction incident at 714 39th Street, DOB inspection teams conducted enforcement sweeps citywide of every construction site associated with the defendants and issued additional enforcement actions for site safety conditions where appropriate. In addition, DOB is taking additional administrative actions against any of the defendants that have licenses, registrations, or privileges with the Department.

 The case was investigated by DOI, specifically Investigative Inspector Ross Hoffman, Chief Investigator James McElligott and Special Investigators Janaina Siguencia and Alejandra Gomero, under the supervision of Inspector General Gregory Cho, Deputy Commissioner/Chief of Investigations Dominick Zarrella and First Deputy Commissioner Daniel Cort, with assistance from DOI’s squad of NYPD Detectives.

An indictment is merely an accusation and not proof of a defendant’s guilt 

CITY TO CREATE EIGHT BLOCKS OF NEW WATERFRONT ACCESS WITH GROUNDBREAKING OF EAST MIDTOWN GREENWAY


1.5 acre stretch of open space, to be completed by 2022, is part of Manhattan Waterfront Greenway initiative to create continuous loop around perimeter of Manhattan

 Mayor Bill de Blasio, Deputy Mayor for Housing and Economic Development Vicki Been, New York City Economic Development Corporation President & CEO James Patchett, New York City Parks Commissioner Mitchell Silver, and New York City Department of Transportation (DOT) Commissioner Polly Trottenberg today celebrated the start of construction on the East Midtown Greenway (EMG), a new waterfront public open space. The project, which will stretch from East 53rd to 61st Streets, is part of the Manhattan Waterfront Greenway initiative to create accessible waterfront public space and safe bicycle pathways along the entire perimeter of Manhattan.

“Today marks another major step forward in returning the waterfront of New York City to New Yorkers,” said Mayor Bill de Blasio. “I look forward to the day when families and friends can relax and enjoy the East Midtown Greenway—an oasis in the heart of our city.”

“The East Midtown Greenway reflects our commitment to ensuring that New Yorkers of all ages and abilities can access beautiful open spaces,” said Deputy Mayor for Housing and Economic Development Vicki Been. “Connected by an ADA-accessible bridge, the Greenway will provide all pedestrians and cyclists with a safe and enjoyable pathway along our iconic waterfront. “

“Creating a continuous loop of public open space around the perimeter of Manhattan is key to enhancing quality of life for all New Yorkers by allowing use of the waterfront for enjoyment and safe travel,” said NYCEDC President and CEO James Patchett. “We are proud to be celebrating today’s progress on the East Midtown Greenway and thank all of our partners for their continued support for this important initiative.”

“By closing a gap in Manhattan’s green necklace, The East Midtown Greenway will provide much-needed open space for pedestrians and bicyclists, connect surrounding communities with the waterfront, and enhance our work to restore and beautify the East River Esplanade,” said NYC Parks Commissioner Mitchell J. Silver, FAICP. “We are thankful for the support of Mayor de Blasio and the partnership of our colleagues at EDC and DOT, and we look forward to maintaining this new section of the Greenway.”

“Piece by piece, we are closing the biggest gaps in the East River Greenway, bringing us closer to the goal of providing cyclists with an uninterrupted protected bike path around Manhattan,” said NYC DOT Commissioner Polly Trottenberg. “We thank Mayor de Blasio and our partners at EDC and NYCParks for their work on this project, which not only helps the Administration meet its Green Wave goals, but gives the East Side the kind of bike connectivity and public space that residents and visitors have long enjoyed along the Hudson River Greenway, the nation’s busiest bike path.”

“New York City wouldn’t be the greatest city in the world without our beautiful and accessible park spaces,” said Mayor’s Office for People with Disabilities Commissioner Victor Calise. “With the expansion of the East Midtown Greenway, we are bringing waterfront access to all New Yorkers. MOPD applauds the Parks Department and the Department of Transportation for their commitment to accessibility as we continue to expand our green spaces.”

The EMG will address the historic lack of connection to the waterfront for East Midtown communities by creating a continuous 40-foot-wide esplanade over the water parallel to FDR Drive, allowing pedestrians and cyclists to experience water on both sides. The approximately $100 million project, which will create roughly 1.5 acres of new waterfront park space, is expected to be completed by 2022. Once open, NYC Parks will maintain the EMG.

As part of the EMG project, renovations and an extension will be carried out to Andrew Haswell Green Park, which borders the greenway to the north, including a new ADA-accessible pedestrian bridge. Additionally, the project will include a widened area near 53rd Street with space for environmental programming and an art installation created by Stacy Levy that was selected through a public procurement process in 2018.

The EMG will be the first major waterfront gap in Manhattan filled since the opening of the Riverwalk in Riverside Park in 2010. In 2018, Mayor de Blasio announced that the City would invest a total of $250 million to begin closing the remaining gaps in 32 miles of Manhattan waterfront esplanade, starting with stretches in Inwood, Harlem, East Harlem, and Midtown Manhattan. This strategy will connect communities to their waterfront and add about 15 acres of quality open space, while integrating the Greenway into surrounding neighborhoods.

ENGEL & SMITH DEMAND ANSWERS ON WHITE HOUSE SCHEME ON OPEN SKIES TREATY


Representative Eliot L. Engel, Chairman of the House Foreign Affairs Committee, and Representative Adam Smith, Chairman of the House Armed Services Committee, today demanded answers from the Trump Administration about reported plans to withdraw from the Open Skies Treaty. In a letter to National Security Advisor Robert O’Brien, the lawmakers requested clarity on additional reports of the White House directing the Department of State and Department of Defense not to discuss these matters with Congress.

“We write to express our concerns regarding the future of the Open Skies Treaty, which plays an important role in advancing Euro-Atlantic security...Given the importance of the Treaty, which is a key element of the existing arms control framework that allows the U.S. and our allies to monitor Russia’s military maneuvers, we are again bringing this matter to your attention and seeking clarity regarding the Administration’s intentions,” the lawmakers wrote. “We are specifically disturbed by reports indicating that both the State Department and the Department of Defense have been ordered by the White House not to discuss the Open Skies Treaty with Congress... This stonewalling only serves to undermine collaboration between the executive and legislative branches of our government on matters of national security.”

Representative Engel previously sent a letter to National Security Advisor O’Brien about these concerns on October 7, while Representatives Engel and Smith joined Senators Robert Menendez and Jack Reed of the Senate Foreign Relations and Senate Armed Services Committees respectively on a letter to Secretaries Pompeo and Esper on October 8. The Administration has failed to respond to these previous queries.

Full text can be found here and below:

Dear Mr. O’Brien:

We write to express our concerns regarding the future of the Open Skies Treaty, which plays an important role in advancing Euro-Atlantic security.  These concerns were first brought to your attention in a letter dated October 7, and a similar letter was sent to Secretary Pompeo and Secretary Esper on October 8.  We have attached copies of this correspondence.  Given the importance of the Treaty, which is a key element of the existing arms control framework that allows the U.S. and our allies to monitor Russia’s military maneuvers, we are again bringing this matter to your attention and seeking clarity regarding the Administration’s intentions.

We are specifically disturbed by reports indicating that both the State Department and the Department of Defense have been ordered by the White House not to discuss the Open Skies Treaty with Congress. We are also concerned that the White House may have used biased analysis as it pertains to potential Treaty withdrawal, failing to ensure an objective process and neglecting to properly coordinate with the departments and agencies responsible for the Treaty’s implementation.

Furthermore, we cannot continue to walk away from commitments we have made to our allies in NATO to hold Russia accountable for their actions. During his confirmation testimony on October 30, 2019, Deputy Secretary of State John Sullivan, the Administration’s nominee for Ambassador to Russia, said that there would need to be substantial evidence to support withdrawal, and that the Administration would consult with Congress, as well as our allies and other Treaty signatories, prior to any such decision. To date we have received any to support withdrawal, nor any analysis of the impact that this withdrawal would have to our allies, who continue to raise concerns about potential U.S. withdrawal.

Congress has a constitutional duty to provide rigorous oversight of the executive branch’s operations, and the Administration should not seek to hide information from Congress or otherwise prevent us from performing appropriate oversight.  This stonewalling only serves to undermine collaboration between the executive and legislative branches of our government on matters of national security.

We ask that you clarify the Administration’s position on the Open Skies Treaty and whether any White House official directed State and Defense Department personnel not to brief or discuss the Administration’s plans regarding the Open Skies Treaty with Congress.  On October 30, Deputy Secretary of State Sullivan testified that the Administration would consult with Congress and our allies prior to taking any decision to withdraw from the Treaty. We appreciate this important commitment.

We ask that the Administration provide the Committees with detailed, written responses (with a classified annex, if necessary), followed by a briefing, no later than December 13, 2019 to the following:

An analysis of flights conducted by U.S. and allies and 2018 and 2019 under the treaty, as well as a description of the diplomatic, military, intelligence utility of the data collected, to include other aspects in addition to the imagery.

Details regarding mitigation measures in place for U.S. assets, located both inside and outside the United States, to address Open Skies collection risks posed by Open Skies Treaty overflights.

Communications from NATO allies and partners through diplomatic and military channels expressing their viewpoints of potential U.S. withdrawal from the Treaty.

It is our hope that we can work together to advance our national security interests. We request your personal engagement on this to ensure that the United States does not unwisely and rashly withdraw from the Open Skies Treaty, which continues to serve U.S., allied and partner national security interests.  We look forward to hearing from you immediately on any steps the Administration has taken pertaining to the Open Skies Treaty.

Sincerely,

WALKIN’ AROUND THE CHRISTMAS TREE: MAYOR DE BLASIO ANNOUNCES HISTORIC EXPANSION OF PEDESTRIAN SPACE AROUND ROCKEFELLER CENTER FOR HOLIDAYS


Partial closures of 49th and 50th Streets, 5th and 6th Avenues in first-ever commitment of defined pedestrian space around area

Mayor Bill de Blasio today announced a major temporary expansion of pedestrian space on the streets around Rockefeller Center and Radio City Music Hall, taking new steps to ensure the safety of New Yorkers and visitors in one of the City’s busiest areas at the height of the holiday season.

“The Rockefeller Center Christmas Tree is New York City’s crown jewel during the holidays, and we’re always excited to welcome the world to see it—but when the world descends on Rockefeller Center for a month on end, additional tools are clearly necessary so that our Vision Zero agenda stays in place,” said Mayor Bill de Blasio. “This historic announcement pedestrianizing Rockefeller Center will keep holiday revelers safe while ensuring minimal disruption to the rest of the life of the city.”

“The NYPD is second to none at protecting millions of people at some of the world’s largest events,” said Chief of Department Terence Monahan. “Due to collaboration with the Department of Transportation and our ability to adjust assets on the street in real-time, NY’s Finest will ensure the safety of those enjoying the holiday season in the Big Apple while minimizing vehicular congestion.”

Starting Friday, November 29, the City will pedestrianize the streets surrounding Rockefeller Center and Radio City Music Hall, using movable barriers to institute full or partial street closures that will alleviate the crush of foot traffic. The closures are as follows:

Side Street Closures: 49th and 50th Streets between 5th and 6th Avenues will be open to pedestrians alone during the most congested hours.
·         By default, these streets will be closed between 2 p.m. and midnight from Monday to Thursday, 1 p.m. and midnight on Friday, and 10 a.m. and midnight on Saturdays and Sundays.

5th Avenue: Movable barriers will be placed on the east and west sides of the streets on 5th Avenue between 48th and 52nd Streets, eliminating a lane of traffic on each side of the avenue to create more pedestrian space. Additionally, there will be no turns on 47th, 49th, or 51st Streets.
·         Barriers will be put in place between 5 p.m. or earlier and midnight during the week, and between noon or earlier on weekends.

6th Avenue: Movable barriers may be placed on the east side of the street on 6th Avenue between 48th and 52nd Streets, eliminating one lane of traffic to create more pedestrian space.
·         6th Avenue will be monitored and barriers will be put in place or removed depending on crowd conditions.
Buses: MTA buses will bypass 48th to 52nd Streets.

Additionally, the NYPD and Department of Transportation (DOT) staff will conduct joint round-the-clock monitoring of the area to adjust the barriers if needed during times of unusual pedestrian activity or extreme weather.

The new street policy is a major step forward that will protect pedestrians while ensuring minimal disruptions to transit and police operations. Even during the holiday season, pedestrian traffic has historically dropped substantially in poor weather and during weekday business hours. Relying on timed closures will allow the City to permit the flow of many morning commuters while protecting pedestrians at peak times. The NYPD and DOT can add or remove pedestrian space at off-peak hours as demand allows.

The Rockefeller Center area has always been one of New York City’s most popular holiday attractions, drawing crowds from across the country; however, in recent years, crowds have grown to unmanageable levels, sending pedestrians into Midtown traffic in an attempt to navigate the crowds. In recent years, local elected officials, including Council Member Keith Powers and Manhattan Borough President Gale Brewer, had advocated for more regular closures in this area to address pedestrian crowding. While the City has previously conducted ad-hoc closures of 49th and 50th Streets, 5th and 6th Avenues remained open, and a formalized policy was never put in place.

“One of New York’s greatest gifts is our street space but for decades we’ve sacrificed too much of it for cars. Few streets are more precious than the ones surrounding Rockefeller Center, where throngs of tourists and New Yorkers jockey to see the iconic holiday tree as well as get to work. They need relief,” said Speaker Corey Johnson. “This announcement is good news to kick off the holiday season. I look forward to continuing to work with the administration and with my colleagues in the Council to find more opportunities to give street space back to people all over New York City.”

With the 2020 Census Fast Approaching, City Planning launches new, easy-to-navigate webpages devoted to NYC’s Population


New Population pages feature a “Pop” Quiz and DCP’s popular NYC Population FactFinder

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Department of City Planning (DCP) Director Marisa Lago announced the launch of the updated Population webpages on DCP’s website. This is the latest step in an ongoing overhaul of DCP’s website, meant to improve navigation and accessibility for users.
“These new Population webpages offer direct access to important U.S. Census data, and to DCP’s many useful demographic tools, ones that can help you get to know your neighborhood – and the entire rest of the city – like never before. I can’t mention the census without urging each New Yorker to fill out your once-in-a-decade census form when you receive it in the springtime. Your participation in the 2020 Census is crucial to building a fairer, more equitable and more representative New York,” DCP Director Marisa Lago said.
An accurate count of the city’s population is vital for New York’s well-being. Everything from congressional representation to federal funds for health care, infrastructure and school lunches, rely on the census. DCP’s Population webpages will help New Yorkers further understand why the census is so important and why they should fill out the 2020 Census form.
The updated Population webpages are organized in three sections: “Overview,” “Data and Resources.”
Information found on “Overview” includes the latest estimate of New York City’s population, which stands at approximately 8.4 million people – an increase of nearly 224,000 people since the 2010 Census.
It explains the role of DCP demographers and the importance of population data for decision-making in communities, businesses, government and more. It includes helpful graphics with population by borough and population growth patterns.
The overview page features a Pop Quiz, where you can test your smarts when it comes to New York’s population.  
  • Under “Data,” visitors will find official Census Bureau data and DCP’s analysis of those data, as well as projections for population growth over the next several decades.
  • “Resources” includes reference maps, data visualizations, and our “Newest New Yorkers” reports on immigrants in the city. It is home to DCP’s popular NYC Population FactFinder web app, which presents population data in tables, charts, and maps.
Alongside these sections, DCP’s website features a new 2020 Census Support page, which covers the importance of responding to the census, as well as DCP’s role in ensuring that Census Bureau outreach is founded on accurate information about New Yorkers. This page links you to the NYC Census 2020 website, where New Yorkers can get involved in 2020 Census-related outreach.
The Population webpages revamp is part of broader ongoing updates to DCP webpages as well as the site’s overall organization. These changes are meant to bring a consistent approach to DCP’s content and make all land use and zoning projects and proposals easier to find, navigate and understand.
Department of City Planning
The Department of City Planning (DCP) plans for the strategic growth and development of the City through ground-up planning with communities, the development of land use policies and zoning regulations applicable citywide, and its contribution to the preparation of the City’s 10-year Capital Strategy. DCP promotes housing production and affordability, fosters economic development and coordinated investments in infrastructure and services, and supports resilient, sustainable communities across the five boroughs for a more equitable New York City.

In addition, DCP supports the City Planning Commission in its annual review of approximately 450 land use applications for a variety of discretionary approvals. The Department also assists both government agencies and the public by advising on strategic and capital planning and providing policy analysis, technical assistance and data relating to housing, transportation, community facilities, demography, zoning, urban design, waterfront areas and public open space.