NYC PUBLIC ADVOCATE CALLS FOR CHARGES IN JORDAN NEELY'S KILLING

 

"Jordan Neely’s death was a homicide, and charges must be immediately brought against his killer. To say anything else is an equivocation that will only further a narrative that devalues the life of a Black, homeless man with mental health challenges and encourages an attitude of dehumanization of New Yorkers in greatest need.

"An environment has long been created by media and elected officials that encourages fear of and violence against people who are struggling, that paints them as a threat to public safety. But being homeless is not a capital crime. Struggling with mental health is not a capital crime. Being Black is not a capital crime.

"Justice must be done in this case, and more broadly, we must address the city’s homeless and mental health crises with an approach that centers compassion and support– treating people as people, not as problems. Otherwise, trauma will compound trauma, fear compound fear, and violence compound senseless, heart-wrenching violence."

Public Advocate Williams released a review last year which highlighted the city’s failure to adequately respond to New Yorkers experiencing acute mental health distress or implement systems that support them, a follow-up to his 2019 report on the same topic. 

Read the review, and the Public Advocate’s recommendations, here.

NYS Office of the Comptroller - DiNapoli: NYC Health + Hospitals Struggles With Temporary Staffing Costs

 

A new report released today by State Comptroller Thomas P. DiNapoli found the COVID-19 pandemic exacerbated pre-existing staffing pressures, particularly a shortage of staff nurses, in NYC Health + Hospitals (H+H) facilities, leading to an increased reliance on temporary nurses and higher staffing costs.

Between February 2020 and September 2022, temporary staffing at H+H grew by 83% to offset the loss of staff nurses while managing demand for its services. It resulted in unexpected costs of $125 million in Fiscal Year (FY) 2023, which the State Comptroller’s office anticipates will remain elevated through at least FY 2024.

“For many NYC residents, NYC Health + Hospitals is a lifeline to quality health care, but it is a public health system struggling to get fully back on its feet after the stress of the pandemic,” DiNapoli said. “Hospitals and their staff were pushed to the brink during the pandemic. H+H lost hundreds of nurses, forcing them to hire temporary staff to manage demand due to the pandemic and its fallout, which increased salary costs and created training and other challenges.”

This report is an update to the DiNapoli’s 2021 report, NYC Health + Hospitals Check-Up: The Impact of COVID-19. DiNapoli’s office routinely exams the finances and issues impacting the fiscal health of H+H.

The number of registered nurses (RNs) and licensed practical nurses at H+H facilities declined by 6% and 31% respectively from February 2020 to September 2022. As the pandemic persisted, RN staffing levels in H+H facilities declined at a greater rate than they did in the city overall and statewide. RN employment also declined in New York City and the rest of the state between 2019 and 2022 by 1.1% and 5.3% respectively. Currently, H+H’s vacancy rate for nurses is 15%.

Hiring temporary staff to deal with the pandemic and its fallout on hospital staff is driving up hospital costs across New York City, including at H+H. It is estimated that in New York, contract labor costs across health care systems and hospitals have increased by more than 110% of pre-pandemic levels, with average temporary nurse salaries increasing from about $1,800 per week pre-pandemic to about $3,300 per week in March 2022.

New York City has historically provided financial support to H+H. It funds the non-federal share of supplemental Medicaid payments, among other costs, since H+H provides care to a large share of the city’s uninsured and Medicaid patients.

The city recently announced a new collective bargaining agreement with District Council 37 (DC 37) that it assumes will set a wage pattern for other unions, including for employees at H+H. A review of the city’s recently released budget update suggests collective bargaining costs at H+H are assumed to be fully annualized at $680 million, with nurses to make up about 29% of the total.

Related Reports

NYC Health + Hospitals: Nurse Staffing Trends, May 2023

Issues Facing New York City's Agencies: New York City Health + Hospitals, Feb. 2022 

NYC Health + Hospitals Check-Up: The Impact of COVID-19, Sep. 2021   

Permits Filed For 2754 Creston Avenue In Fordham, The Bronx

 

Permits have been filed for a six-story residential building at 2754 Creston Avenue in Fordham, The Bronx. Located between East 196th Street and East 197th Street, the lot is near the Kingsbridge Road subway station, serviced by the B and D trains. Alfred Mitaj of First Structure LLC is listed as the owner behind the applications.

The proposed 60-foot-tall development will yield 9,190 square feet designated for residential space. The building will have 22 residences, most likely rentals based on the average unit scope of 417 square feet. The steel-based structure will also have a 30-foot-long rear yard.

Rise Architecture is listed as the architect of record.

Demolition permits were filed in January 2022 for the three-story residential structure on the site. An estimated completion date has not been announced.

CONSUMER ALERT: Attorney General James Distributes $141 Million Settlement to Millions of Low-Income Americans Deceived by TurboTax Owner Intuit

 

Consumers to Receive Checks in the Mail from Multistate Settlement Without Needing to File a Claim

New York Attorney General Letitia James today announced that consumers who were tricked by TurboTax’s owner Intuit into paying for free tax services will begin receiving checks from the $141 million settlement. Approximately 4.4 million consumers nationwide will receive checks in the mail from the multistate settlement led by Attorney General James. New York will receive more than $5.4 million for more than 176,000 New Yorkers who were tricked into paying to file their federal tax return. Eligible consumers will be contacted by email about the settlement. Checks will be mailed throughout May 2023.

“TurboTax’s predatory and deceptive marketing cheated millions of low-income Americans who were trying to fulfill their legal duties to file their taxes,” said Attorney General James. “Today we are righting that wrong and putting money back into the pockets of hardworking taxpayers who should have never paid to file their taxes. I thank my fellow attorneys general for their partnership in this effort to stand up for ordinary Americans and hold companies who cheat consumers accountable.”

In 2022, Attorney General James announced a $141 million multistate agreement with Intuit for deceiving millions of low-income Americans into paying for tax services that should have been free. All 50 states and the District of Columbia have signed on to the agreement. 

Eligible consumers include those who paid to file their federal tax returns through TurboTax for tax years 2016, 2017, and 2018, but were eligible to file for free through the IRS Free File Program. Consumers who are eligible for a payment will be notified by email by the settlement fund administrator, Rust Consulting. These consumers will receive a check in the mail automatically, without filing a claim. Checks are expected to be mailed out starting next week.

The amount each consumer receives will be based on the number of tax years for which they qualify. Most consumers are expected to receive between $29 and $30. Individuals who filed for three consecutive years could get up to $85. For more information about who is covered by the settlement, and information about the settlement fund, please visit www.AGTurboTaxSettlement.com. 

Governor Hochul Announces Actions to Modernize State Workforce and Government Operations as Part of FY 2024 Budget

 

From July 2023 to End of December 2025, New York State Will Waive Civil Service Exam Fees to Promote Equitable Access to Careers in State Government

Civil Service Exams To Be Offered On a More Frequent Basis and Provide Applicants With Maximum Flexibility

Twelve State-Operated Testing Centers to be Established Across State to Make State Civil Service Exams More Accessible for All Jobseekers

Includes Expansion of 55-B Hiring Program to Expand Job Opportunities for Individuals with Disabilities

Builds on Governor's State of the State Commitments to Rebuilding Public Workforce and Helping Government Work Better for All New Yorkers

 Governor Kathy Hochul today announced several actions to modernize New York's public workforce and streamline government operations as part of the historic FY 2024 Budget. The actions include eliminating civil service application fees for state exams; offering civil service exams on an ongoing basis; and expanding the state's existing 55-B hiring program to increase job opportunities for individuals with disabilities. Together, these actions reaffirm the Governor's commitment to making government work better for New Yorkers. 

"Since my early days as Erie County Clerk, I have been committed to cutting red tape and removing bureaucratic hurdles in government," Governor Hochul said. "From promoting equal access to civil service careers to expanding job opportunities for individuals with disabilities, the FY 2024 Budget includes transformative actions that will modernize the State workforce and make government work better for all New Yorkers."

As part of Governor Hochul’s ongoing commitment to rebuilding the state’s workforce, the FY 2024 Budget will facilitate a hybrid workplace future through a new study and pilot program. With the increasing number of State workers who telecommute, New York State’s office spaces must be modernized to meet the needs of a more flexible workforce and enable a “work-anywhere” approach for State employees. Building spaces that work better for State employees, increasing flexibility, and ensuring the efficient utilization of existing State offices enables OGS to be a better steward of state assets while allowing the workers to focus on outcomes, supporting customers and clients, and improving service delivery.

In the aftermath of the COVID-19 pandemic, New York State has faced substantial hiring challenges, with the state government workforce facing a shortage of approximately 14,000 employees according to state data. The FY 2024 Budget includes several provisions, first announced in the Governor's 2023 State of the State address, to attract and retain top talent and increase the diversity of the public workforce to better reflect New York State. 

Make Civil Service Exams More Accessible 

The FY 2024 Budget will allow for civil service exams to be offered on an ongoing basis to provide candidates with more opportunities to take tests - a change that will also benefit state agencies and local governments. Currently, exams are typically held on an irregular basis, and if a candidate misses the exam on a given date, they are not able to take the exam until it is offered again.  By offering exams more frequently under a modern and efficient exam process, state agencies and local governments will have a more sizable pool of qualified candidates to fill crucial public-sector roles.  Exams will also be offered in a variety of formats, including online exams as well as in-person exams to be held at 12 newly established state-operated computer-based testing centers for state civil service exams. 

Remove Civil Service Exam Fees 

Civil service exam fees can serve as a substantial barrier to entering public service, particularly for candidates from traditionally marginalized communities. While fee waivers currently exist for veterans, as well as individuals that are unemployed or receiving public assistance, the majority of test-takers must pay an exam fee. The Budget will support the waiving of exam fees, beginning in July 2023 and ending in December 2025, to remove this barrier for entry for individuals taking state civil service exams.  

Increase Job Opportunities for Individuals with Disabilities 

The FY 2024 Budget strengthens the 55-B specialized hiring program to increase job opportunities for individuals with disabilities. Under the plan, New York State will increase the number of state positions hired through this program to open career pathways for individuals with disabilities. The growth of this program will create more opportunities for meaningful employment in New York State government among this historically underrepresented group. 

Modernizing New York State Procurement 

As part of Governor Hochul's ongoing commitment to streamlining government processes, the FY 2024 Budget formalizes the Governor's eProcurement initiative to make centralized contracting through the New York State Office of General Services simpler, more modern, and more accessible. The Budget allows for the creation of electronic bidding, which will make it easier for New Yorkers to do business with New York State agencies, local governments, and nonprofit entities. Through eProcurement, the State will also increase transparency, lower barriers to participation (particularly for minority- and women-owned businesses), improve the buyer experience, and allow for data-informed decision-making to better meet the needs of New Yorkers.  

Governor Hochul's 2023 State of the State Address 

The FY 2024 Budget builds on several initiatives announced in Governor Hochul's 2023 State of the State address to strengthen the public workforce and government operations. The Governor previously announced the creation of Civil Service Specialist positions at Department of Labor Career Centers to serve as liaisons between jobseekers and the Department of Civil Service, as well as other state agencies, to help candidates better navigate the Civil Service Merit System and provide them with greater support in navigating available job opportunities across state government. The Governor also announced a multi-faceted marketing campaign to raise awareness of the many diverse career paths available across public service and the unique benefits of employment with New York State.

MAYOR ADAMS, SBS COMMISSIONER KIM KICK OFF ‘SMALL BUSINESS MONTH’ BY ANNOUNCING $22 MILLION SAVED IN FINES, VIOLATIONS FOR NYC SMALL BUSINESSES SINCE BEGINNING OF ADMINISTRATION

 

‘NYC BEST’ Initiative Has Served More Than 2,200 Small Businesses

 

Five-Borough ‘Small Business Month’ Tour Brings Small Business Education, Recruitment, Financing Assistance, and More Directly to Communities

 

New Data Shows 99.7 Percent of Private Sector Jobs Lost During Pandemic Recovered

New York City Mayor Eric Adams and New York City Small Business Services (SBS) Commissioner Kevin D. Kim today kicked off “Small Business Month” by announcing that the NYC Business Express Service Team (BEST) initiative has helped save New York City small businesses more than $22 million by avoiding fines and violations. Since the free program’s launch, NYC BEST has assisted more than 2,200 diverse businesses across the five boroughs by providing small businesses with one-on-one expert support to help business owners not only resolve or avoid fines and violations, but also save time and money navigating city government rules and regulations, as well as expedite permit and licensing processes. Among the businesses served is Leidylicious Cakes, a new bakery in Queens, where the mayor also announced the launch of “Small Business Month” to promote New York City’s diverse small businesses throughout the month of May, expanding on “National Small Business Week” recognized each year.

 

“New York City is where dreams are made, and we want every small business to get their slice of that dream,” said Mayor Adams. “That is why, in my first few months in office, I signed the Small Business Forward Executive Order, which cut red tape and removed bureaucratic boulders for small businesses across the five boroughs. I am proud to announce that since the beginning of our administration, we have assisted more than 2,200 businesses through our NYC BEST initiative — expediting permit and licensing processes and helping small businesses save $22 million by avoiding fines and violations. Working New Yorkers deserve their fair share, and we are lifting burdens off hardworking New Yorkers so they can get their businesses up and running, while simultaneously putting money back into their pockets. We are adding the right ingredients to make small businesses grow in New York City. This Small Business Month, I encourage every New Yorker to go out and support your neighborhood stores, and, most importantly, spend money!”

 

“Small Business Month is a celebration and affirmation of the extraordinary shops, restaurants, and venues that make our city special, and it is an opportunity to showcase the impressive array of supports, programs, and grants that Small Business Services offers,” said Deputy Mayor for Economic and Workforce Development Maria Torres-Springer. “Over the last year, our economic and small businesses recovery has truly taken hold and I’m proud of SBS programs like the Business Express Service Team for helping businesses in every neighborhood launch and thrive.”

 

“SBS is expanding the celebration of small businesses to a full month, but we work every day to lift up business owners who keep our communities thriving,” said SBS Commissioner Kim. “In the past 16 months, we’ve slashed bureaucratic red tape and saved millions for small businesses, helped diverse businesses contract with city government agencies at record levels, and launched a $75 million NYC Opportunity Fund — the largest public/private partnership loan fund directed to small businesses in New York City history. New York City is back!” 

 

“One in nine businesses in New York City started in the last year, which is a testimony to the strength of the small business community and entrepreneurial nature of New Yorkers,” said New York City Economic Development Corporation (NYCEDC) President and CEO Andrew Kimball. “Small businesses are core to Mayor Adams’ Blueprint for Economic Recovery and a reason why New York is adding jobs faster than any other big city in the country.”

 

“We are delighted to celebrate the growing success of BEST, and the needed regulatory relief it offers to the small businesses that serve as the true engines of our city’s can-do-economy,” said New York City Department of City Planning (DCP) Director and City Planning Commission (CPC) Chair Dan Garodnick. “At City Planning, we are working on another mayoral priority, the ‘City of Yes for Economic Opportunity,’ which, if adopted by the City Council, would remove hundreds of outdated zoning rules that today serve only to handicap small businesses.”

 

“A meaningful part of my charge as New York City’s first-ever citywide chief business diversity officer is to ensure that we create an environment that’s responsive to the needs of our small businesses — the backbone of our city,” said Citywide Chief Business Diversity Officer Michael J. Garner.  “Our small businesses are not only reflective of the great diversity that makes this the greatest city in the world, but are also critical to promoting healthy communities, providing opportunities to New York City’s talented workforce, building generational wealth, and ensuring a stable tax base. I stand with Mayor Eric Adams in his commitment to small businesses via the New York City Business Express Service Team and our aggressive goals for the New York City M/WBE program in awarding $25 billion in contracts to city certified M/WBEs by Fiscal Year 2026 and $60 billion by Fiscal Year 2030.”  

 

“Leidylicious is the realization of a dream I’ve had since I started baking at nine years old, and opening this new door surrounded by friends, family, Mayor Adams and SBS makes the experience even sweeter,” said Leidy Cardona, owner, Leidylicious Bakery. “Thanks to the help I received with licenses and permits from SBS’ NYC BEST team, my vision became a reality even faster and I am happy to now share it with all of you during Small Business Month and beyond!”

 

Small Business Month also kicks off as New York City continues to experience a massive economic boomerang, with the city’s having recovered 99.7 percent of pre-pandemic private sector jobs — a comeback once predicted to take until 2025 or later — according to the New York State Department of Labor (NYSDOL). A 100 percent recovery — which is projected to be just weeks away — will mark a record for the highest number of private sector jobs across the five boroughs in New York City’s history.

 

New data from NYSDOL also shows the city has recovered more than 91 percent of accommodation and food services jobs — one of the hardest-hit industries by the pandemic — with its being the fastest growing private sector industry in the city this year.

 

From corner retail to professional consulting firms, small businesses help power New York City’s economy and have been a major driver of the city’s recent recovery. They contribute to the city’s dynamism — making neighborhoods unique and providing income to New Yorkers across the five boroughs. According to the EDC, 94 percent of all private firms in New York City are small businesses, 25,000 small businesses started in New York City between the recovery period of the second quarter (Q2) of 2020 – Q2 2022, and approximately 1 million people are employed by small businesses in New York City. The Adams administration is therefore dedicated to continuing work to make New York City a small business haven. ‘City of Yes for Economic Opportunity’ seeks to modernize zoning to make it easier for small businesses to open and to expand. The in-the-works proposal would, for the first time, proactively allow small producers — like bakeries, breweries, ceramic studios, dress makers, and more — locate and grow in commercial corridors closer to where New Yorkers live and shop.

 

Small Business Month is an opportunity for all New Yorkers to come together and support small businesses — particularly new businesses that have launched since the pandemic. In a series of celebrations, community events, and workshops, Small Business Month will bring small business education, worker recruitment, financing assistance, resiliency preparedness, and other programs directly into commercial corridors throughout the five boroughs, while encouraging New Yorkers to support the locally-owned shops that make New York City unique.

 

A full calendar of May Small Business Month events can be found online.

  

Queens Woman Charged With Fraudulently Obtaining Government Funds

 

Public Employee Allegedly Submitted Fraudulent Applications for Unemployment Insurance Benefits and U.S. Small Business Administration Paycheck Protection Program Loans

 Damian Williams, the United States Attorney for the Southern District of New York, John Gay, the Inspector General of the Port Authority of New York and New Jersey, Office of Inspector General (“PA-OIG”), Jonathan Mellone, the Special Agent in Charge of the Northeast Region of the U.S. Department of Labor, Office of Inspector General (“DOL-OIG”), and Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced today the unsealing of a Complaint charging JASMIN GADSON, an employee of the Port Authority of New York and New Jersey, with wire fraud and theft of government funds for submitting fraudulent applications to obtain unemployment insurance benefits from the New York State Department of Labor at the height of the COVID-19 pandemic in 2020 and 2021.  During that period, GADSON also allegedly submitted fraudulent applications for loans under the United States Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”).  GADSON was arrested this morning and will be presented this afternoon before U.S. Magistrate Judge Stewart D. Aaron in Manhattan federal court.  

U.S. Attorney Damian Williams said: “Jasmin Gadson, an employee of the Port Authority of New York and New Jersey, allegedly stole government funds intended to help those who were struggling as a result of a national emergency.  This Office will continue to prosecute those who used the COVID-19 pandemic as an opportunity to line their pockets with fraudulently obtained taxpayer money.”

PA-OIG Inspector General John Gay said: “We are appalled that a toll collector, on her own time, allegedly filed for fraudulent government benefits.”  

DOL-OIG Special Agent in Charge Jonathan Mellone said: “An important part of the mission of the U.S. Department of Labor, Office of Inspector General is to investigate allegations of fraud related to Pandemic unemployment insurance programs.  We will continue to work with our law enforcement partners to investigate these types of allegations.”

HSI Special Agent in Charge Ivan J. Arvelo said: “As alleged, Jasmin Gadson not only fraudulently claimed unemployment benefits while actively employed by the Port Authority of New York and New Jersey, but this defendant also defrauded a program intended to assist hardworking Americans who were financially impacted due to the unprecedented COVID-19 health crisis.  HSI will not abide those who engage in theft of federal funds destined to help the financially vulnerable.  I am extremely grateful to our partners at the Port Authority of NY/NJ, Office of the Inspector General and the U.S. Department of Labor, Office of the Inspector General, as well as HSI New York’s Document & Benefit Fraud Task Force for uncovering and investigating Gadson’s criminal scheme that allegedly defrauded U.S. taxpayers out of $78,000.” 

According to the Complaint unsealed today in Manhattan federal court and publicly available information:[1]

JASMIN GADSON is currently employed by the Port Authority of New York and New Jersey, where she has worked since 2015.  Beginning in the summer of 2020 through the fall of 2021, she submitted fraudulent applications for unemployment insurance benefits to the New York State Department of Labor and fraudulent applications for PPP loans to the SBA.  In support of her fraudulent unemployment insurance applications, GADSON falsely claimed, in an initial application and weekly verifications, that the last date that she worked was during the onset of the COVID-19 pandemic in March 2020.  At all times from March 2020 through the present, GADSON was employed by the Port Authority of New York and New Jersey and received salary or paid sick leave or was on unpaid protected parental leave.  During that period, she received full health benefits and was not eligible for unemployment insurance benefits.  In addition, GADSON falsely claimed five-figure net revenues for a business that did not exist in support of her fraudulent PPP loan applications.  

Between both of these schemes, GADSON stole more than $78,000 from the New York State Department of Labor, the SBA, and financial institutions that issued SBA-guaranteed loans.

JASMIN GADSON, 29, of Queens, New York, is charged with wire fraud, which carries a maximum penalty of 20 years in prison, and theft of government funds, which carries a maximum penalty of 10 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. Williams praised the outstanding investigative work of the PA-OIG, the DOL-OIG, and HSI.  The investigation was conducted by HSI’s Document and Benefit Fraud Task Force (“DBFTF”), a specialized investigative group comprising personnel from various state, local, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the Complaint and the descriptions of the Complaint set forth herein constitutes only allegations, and every fact described should be treated as an allegation.

MECHANIC INDICTED ON CRIMINALLY NEGLIGENT HOMICIDE IN FATAL ELEVATOR PLUNGE IN BRONX BUILDING

 

Elevator Fell Six Stories, Crushing Victim Defendant Allegedly Failed to Execute Safety Procedures

 Bronx District Attorney Darcel D. Clark today announced that a mechanic has been charged with Criminally Negligent Homicide for failing to implement critical safety features, which led to an elevator collapse that killed his co-worker.

 District Attorney Clark said, “The defendant, a mechanic, was working with the victim to upgrade an elevator inside a Bronx building. The defendant allegedly failed to comply with multiple safety protocols, and because of those faults the elevator car plunged six stories, killing his co-worker. If safety measures had been followed, the victim would still be alive today. The defendant was arraigned today on Criminally Negligent Homicide.

 “Coincidentally, this week is Construction Safety Week, which brings awareness to vital safety practices in the construction industry. Jobs in this field can be extremely dangerous, and workers must be protected. Regulations must be followed to prevent perilous situations and work related deaths.”

 New York City Department of Investigations Commissioner Jocelyn Stauber said, “A worker was fatally crushed by a free-falling elevator because his supervisor, an experienced mechanic, failed to follow the most basic safety protocols, as alleged in the indictment. This senseless tragedy was entirely preventable, and I thank District Attorney Clark for her commitment to hold accountable those who flout the City’s Building Code."

 District Attorney Clark said Peter Milatz, 67, of Orange County, NY, was arraigned today on one count of Criminally Negligent Homicide before Bronx Supreme Court Justice George Villegas. He was given supervised release and is due back in court on June 8, 2023.

 According to the investigation, on February 18, 2021, the victim, Joseph Rosa, 25, an apprentice mechanic, was working with Milatz, a senior mechanic who has since retired, on the modernization of an elevator inside a six-story building located on 133rd Street East Clarke Place. At the time of the incident, Milatz and Rosa were working on replacing the steel-wire ropes that ran between the elevator cabin and the elevator counterweight. Milatz allegedly instructed Rosa to go to the pit at the bottom of the shaft while he worked on the sixth floor, where the elevator cabin was. Rosa secured the counterweight, a standard procedure, then used a small saw to cut through the ropes, at Milatz’s instruction. The elevator cabin plunged down the shaft and crushed Rosa.

 According to the investigation, the defendant allegedly failed to comply with a procedure that required him to “hang” the elevator cabin, which suspends chains and/or engages the elevator’s brake. That procedure prevents the elevator from falling when the ropes are cut. Additionally, the defendant allegedly removed a critical safety feature called the governor--which triggers the braking system on all elevators--two weeks earlier in order to replace it with a new one. The replacement would not fit properly, but instead of reinstalling the old governor, Milatz allegedly continued to work on the elevator without the safety feature.

 District Attorney Clark also thanked Department of Buildings Chief Inspector Luis Vazquez.

 An indictment is an accusatory instrument and not proof of a defendant’s guilt.