Housing Lottery Launches For 3013 Eastchester Road In Baychester, The Bronx

 

The affordable housing lottery has launched for 3013 Eastchester Road, a five-story residential building in Baychester, The Bronx. Designed by KR Design Group and developed by Brian O’Donovan of Brivan Holdings LLC, the structure yields 20 residences. Available on NYC Housing Connect are six units for residents at 130 percent of the area median income (AMI), ranging in eligible income from $57,772 to $139,620.

Amenities include a shared laundry room and parking, both subject to additional fees. Units come equipped with air conditioning, stainless steel appliances, hardwood floors, and some come with private outdoor space. Tenants are responsible for gas for cooking, heating, and hot water.

At 130 percent of the AMI, there are six one-bedrooms with a monthly rent of $1,575 for incomes ranging from $57,772 to $139,620.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than May 9, 2022.

MAYOR ADAMS ANNOUNCES APPOINTEES TO MAYOR’S ADVISORY COMMITTEE ON THE JUDICIARY

 

New York City Mayor Eric Adams today announced 19 members, including George J. Silver as chair, to the Mayor’s Advisory Committee on the Judiciary (MACJ). Members of the MACJ are entrusted to ensure that only candidates with the highest qualifications and from diverse backgrounds are nominated for judicial appointments to criminal and family courts, as well as interim appointments to civil court. As chair, Silver will lead the committee. The rest of the committee represents a diverse and broad cross-section of New York City’s legal community. 

 

“A highly-qualified, diverse judiciary is critical to creating a city that achieves the necessary balance between the twin imperatives of safety and justice,” said Mayor Adams. “These new appointees to the Mayor’s Advisory Committee on the Judiciary are deeply experienced, talented, and committed to advancing the goal of a more equitable justice system that looks more like New York City, and I thank them for answering the call to service.”

 

“I am honored and humbled to have been selected to serve as the chair of the Mayor’s Advisory Committee on the Judiciary,” said incoming MACJ Chair George J. Silver. “This privilege represents an unparalleled opportunity to appoint judges to the bench who possess the invaluable qualities of scholarship, fairness, and integrity. Following the trailblazing example of Judge Carmen Beauchamp Ciparick, the committee will strive to make sure that the judges represent the diversity that makes this city great.” 

 

Mayor Adams is responsible for nine appointments on the MACJ. The chief judge of the New York Court of Appeals, Janet DiFiore, nominates four; the presiding justices of the Appellate Division for the First and Second Judicial Departments, Rolando T. Acosta and Hector D. LaSalle, respectively, nominate two members each; and two deans of law schools within the city on a rotating basis — this year, Brooklyn Law School Dean Michael T. Cahill and St. John’s Law School Dean Michael A. Simons — each nominate one member for appointment to the committee by the mayor. 

 

About Members of the Mayor’s Advisory Committee on the Judiciary:

 

George J. Silver created and runs a mediation and arbitration company, Silverstar Mediation and Arbitration LLC. He previously served as the deputy chief administrative judge for the New York City courts, where he handled the daily operations of trial courts in the city and oversaw upwards of 7,550 judicial and non-judicial employees. In this capacity, Silver created an Alternative Dispute Resolution program that encourages presumptive mediation in all cases litigated within the city, and he developed blockbuster settlement conferences throughout the city, resulting in the reduction of backlogs through early resolution. He also handled malpractice matters and was in charge of the litigation involving the Child Victims Act cases. Prior to that, he began his 16-year judicial career as a judge in civil court, family court, and supreme court. Silver obtained his BS degree in Accounting and Management from New York University (NYU), an MBA in Finance from NYU, and a law degree from Hofstra University School of Law. (Mayoral nominee)

 

RoseAnn Branda is an executive partner and co-director of the Family and Matrimonial Law Department of Abrams, Fensterman, LLP. Prior to that, she was a partner of Caruso, Caruso & Branda, P.C. She previously chaired the New York State Bar Association’s Committee on Attorney Professionalism and held the office of president for the Brooklyn Bar Association as well as the Bay Ridge Lawyers Association and Columbian Lawyers Association of Brooklyn. She is presently the co-chair of the Family Law Section of the Brooklyn Bar Association and serves on the New York State Bar Executive Committee for the Family Law Section as a representative of the Second District. She is a graduate of Wagner College and Brooklyn Law School. (Mayoral nominee)

 

Michael T. Cahill became president and Joseph Crea dean of Brooklyn Law School in July 2019, returning from Rutgers Law School, where he had been co-dean and professor of law. Before departing in 2016 to assume the Rutgers deanship, he was a member of the Brooklyn Law faculty for 13 years. He also served Brooklyn Law School as associate dean for academic affairs (from 2010 to 2013) and as vice dean (from 2013 to 2015). Cahill is also a tenured professor of Law on the faculty; his scholarship focuses primarily on criminal law, though he has also written about and taught courses in health law and policy. He received a JD, magna cum laude, and MPP degrees from the University of Michigan and his BA from Yale University. (Law school nominee)

 

Monica Drinane is a retired family court judge who served as the supervising judge in Bronx County Family Court. Prior to joining the bench, she was attorney-in-charge of the Juvenile Rights Division in New York City, representing children in neglect, custody, delinquency, and support cases citywide. She graduated from St. John’s University, has a Master’s degree in theology from Fordham University, and a JD from New York University School of Law, where she attended as a Root Tilden scholar. Drinane did clinical work with women in Bedford Hills Correctional Facility and legal services in Appalachia. Since her retirement in 2014, Drinane has served on several boards that address issues of education for young people in impoverished areas. (Mayoral nominee)

 

Muhammad U. Faridi is a partner in Patterson Belknap Webb & Tyler LLP's Litigation department. He is a go-to litigator on complex commercial matters involving claims relating to breaches of contract and commercial torts. In 2021, Faridi was elected to the American Law Institute. He has also served as the chair of the Executive Committee of the New York City Bar Association, as well as the chair of its Committee on Capital Punishment. Faridi received his JD from the City University of New York School of Law and his BA from John Jay College of Criminal Justice. Prior to joining Patterson Belknap, Faridi was a law clerk to the late Hon. Jack B. Weinstein, senior U.S. district judge, Eastern District of New York. (Mayoral nominee)

 

Keisha-Ann G. Gray is a trial lawyer and partner in the Labor Department of Proskauer Rose LLP, where she specializes in employment discrimination litigation and conducting workplace misconduct investigations. Prior to joining Proskauer, Gray served as an assistant U.S. attorney in the Eastern District of New York and was also a federal law clerk in the U.S. District Court for the District of Puerto Rico. She currently serves on the Board of the Attorney Grievance Committee for the New York Supreme Court Appellate Division, First Judicial Department; the Board of the Federal Bar Council; the Board of the Eastern District Association; and she co-chairs the Federal Bar Council’s Employment Litigation Committee, as well as Proskauer’s Workplace Investigations Practice Group. Gray received her law degree from NYU School of Law and her undergraduate degree from The University of Pennsylvania. (Chief Judge nominee)

 

Richard Gutierrez began his legal career as an attorney at The Legal Aid and has been in private practice for 36 years, concentrating in criminal defense, civil rights, and personal injury litigation. He is the chair of the New York State Bar Association’s Committee on Professional Discipline and chair of the Queens County Bar Association’s Committee on Professional Ethics. He was the former chair of the New York State Grievance Committee, Second Department, and was the first Hispanic president of the Queens County Bar Association in 2011. Gutierrez is a graduate of Brooklyn College of the City University of New York and Seton Hall University School of Law. (Chief Judge nominee)

 

L. Priscilla Hall is currently an arbitrator and mediator with Judicial Arbitration and Mediation Services and a member of the legal expert team of retired judges to the federal monitor. She had served on the bench since 1986, including nine years as an associate justice of the Appellate Division, Second Judicial Department, and one year as the administrative judge of Kings County Supreme Court, Criminal Term. When she was first appointed to the bench, she presided in criminal court. Hall graduated from Howard University, magna cum laude, Phi Beta Kappa, received a Master of Science with Honors from Columbia University School of Journalism, and graduated from Columbia Law School. (Mayoral nominee)

 

Everett Hopkins is the managing attorney of Hopkins Law Group, LLC. He received his undergraduate degree from the City University of New York at Hunter College and earned his law degree at the University of Buffalo. During his career, he served with distinction for eight years as general counsel and director of administration for the New York City Criminal Justice Agency. Prior to this position, he held key positions with the New York City Housing Preservation and Development and Fraud Enforcement with the Internal Revenue Service. Over the last 20 years, he has been an adjunct professor at several New York City area colleges. (Mayoral nominee)

 

Judy Harris Kluger became executive director of Sanctuary for Families in January 2014, after serving 25 years as a judge in New York state. Prior to joining Sanctuary, Kluger served for five years as chief of policy and planning for New York State's Unified Court System, overseeing over 300 problem-solving courts. Kluger received her undergraduate degree from NYU and her law degree from St. John’s University School of Law. (Chief Judge nominee)

 

Martin J. LaFalce is an assistant professor of clinical legal education and director of the Criminal Defense Clinic at St. John's University School of Law. Prior to teaching at St. John's, LaFalce was a public defender at The Legal Aid Society, where he represented clients in Manhattan. Most recently, he worked as a policy attorney at Legal Aid, coordinating their criminal justice legislative agenda. He obtained his undergraduate degree from Georgetown University and his JD from Georgetown University Law Center. (Law school nominee)

 

William F. Mastro was elected to the New York State Supreme Court in November 1992. He was appointed to the Appellate Division, Second Department, in June of 2002 and served as a justice of that court until December 2021. During his tenure with the court, Mastro twice served periods as acting presiding justice. In May 2013, Mastro had the honor of being selected to hear and determine a case as a member of the New York State Court of Appeals. He graduated from Villanova University and New York Law School. (Presiding Justice, Appellate Division, Second Judicial Department nominee)

 

Christopher Morel is a litigation associate at Cravath, Swaine & Moore LLP. He primarily focuses his practice on antitrust and general commercial litigation. He graduated from Fordham University, magna cum laude, Phi Beta Kappa, and received a JD from Columbia Law School, where he was a Stone Scholar, an articles editor of the Law Review, and the president of the Latino/a Law Student Association. Following his graduation, he served as a law clerk to the Hon. Margo K. Brodie of the United States District Court for the Eastern District of New York. He also served as a law clerk to the Hon. Julio M. Fuentes of the United States Court of Appeals for the Third Circuit.  (Presiding Justice, Appellate Division, First Judicial Department nominee)

 

Angélicque Moreno is the managing partner and a senior trial attorney at Avanzino & Moreno, P.C. Among her many professional affiliations, Moreno is a past-president of the New York State Academy of Trial Lawyers and the president-elect of the Puerto Rican Bar Association. She has lectured throughout New York City on a wide range of topics, including New York state labor law and trial skills. Moreno received her undergraduate degree from SUNY at Binghamton and her law degree from Northeastern University School of Law. (Mayoral nominee)

 

Vianny Paulino Pichardo is a former commercial litigation shareholder of a mid-size New York law firm and former corporate associate of a large international law firm. She is currently a member of Beazley’s Cyber and Executive Risk Group, where she provides strategic advice and leadership concerning insurance coverage for technology errors and omissions, intellectual property, media, advertising, cyber, and privacy liabilities. She graduated from NYU and from Fordham University School of Law. (Presiding Justice, Appellate Division, First Judicial Department nominee)

 

Thomas J. Principe has been a partner at Kramer, Dillof, Livingston & Moore, representing injured parties in the specialty of personal injury and medical malpractice for 33 years. He was a former prosecutor with the Queens County District Attorney’s Office, rising to the rank of deputy bureau chief of the Supreme Court Trial Bureau. Principe served in the New York Army National Guard for 33 years, retiring as a brigadier general. He is a graduate of St. John’s University and St. John’s University School of Law and received his MA from the University of Virginia. (Presiding Justice, Appellate Division, Second Judicial Department nominee)

 

Ronald E. Richter is the chief executive officer and executive director of JCCA, formerly the Jewish Child Care Association — one of New York’s oldest and most respected human services organizations. Before joining JCCA, he was a family court judge in Queens County, commissioner of the New York City Administration for Children’s Services, and New York City’s Family Services coordinator. Richter started his career at Bedford Stuyvesant Community Legal Services and spent 13 years at The Legal Aid Society’s Juvenile Rights Practice. Richter graduated from Tufts University and received a Master of Science and law degree from Boston University. He serves on the boards of ChildTrends, Chelsea Day School, and the New York State Coalition for Children’s Behavioral Health. He is an adjunct professor at the Fordham University Graduate School of Social Service. (Mayoral nominee)

 

Julian Yap is cofounder and president of Realm — a leading audio entertainment startup. Prior to founding Realm, he served as senior counsel in the U.S. Department of Justice’s Office of Legal Policy. He has also served as an advisor to the Biden-Harris transition team, clerked for the Supreme Court of Texas, and held the Public Law Fellowship at Duke University School of Law. He received his BA from Yale University, an MA from the University of Pennsylvania, and a JD/LLM from Duke Law. (Mayoral nominee)

 

David Zornow is of counsel at Skadden, Arps, Slate, Meagher & Flom LLP. Zornow, who founded the firm's white-collar criminal defense practice in 1989. Zornow represents both corporations and individuals in federal and state grand jury investigations and at criminal trials. He served as an assistant United States attorney in the Southern District of New York. Zornow is a graduate of Harvard College and Yale Law School, where he is a visiting lecturer in law. (Chief Judge nominee) 

Man Charged With Defrauding Customers Who Sought To Buy Cryptocurrency-Mining Computers And Miner-Hosting Services

 

 Damian Williams, United States Attorney for the Southern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, New York Division of the Federal Bureau of Investigation (“FBI”), announced the arrest today of CHET STOJANOVICH, a/k/a “Chester J. Stojanovich,” on charges of defrauding more than a dozen victims of more than $1.8 million, through fraudulent misrepresentations that he would provide the victims with specialized cryptocurrency-mining computers (“Miners”), and that he would provide Miner-hosting services that would provide the victims with a lucrative stream of “hash power” convertible into cryptocurrency.  Instead, as alleged, STOJANOVICH deceived his victims, misappropriated his victims’ money, and provided them with almost no Miners, Miner-hosting services, or hash power.  The defendant was arrested early this morning after crossing from Canada into the United States at Champlain, New York.  He is expected to appear tomorrow before U.S. Magistrate Judge Stewart D. Aaron in the Southern District of New York.

U.S. Attorney Damian Williams said: “A great deal of excitement and ‘buzz’ has been generated in recent years about the ‘new world’ of cryptocurrency mining.  But new financial frontiers can also generate fresh opportunities for old-fashioned fraud.  Here, Chet Stojanovich is charged with using those time-worn fraud techniques on a new frontier.”

FBI Assistant Director-in-Charge Michael J. Driscoll said: “As alleged, Mr. Stojanovich induced his victims to invest in his fraudulent cryptocurrency mining schemes, and caused them to incur losses approaching $2 million.  Today's action should serve as an example of the FBI's commitment to rooting out financial fraud, as well as our focus on identifying and investigating emerging threats as they evolve.”

According to the allegations contained in the Complaint, and publicly available information:[1]

Since at least 2019, STOJANOVICH has controlled various companies, including Chet Mining Co. LLC (“Chet Mining”).  Starting in or about March 2019, STOJANOVICH engaged in a scheme to defraud people who were seeking to purchase Miners and Miner-hosting services through which they expected to obtain “hash power” convertible into cryptocurrency and money.  STOJANOVICH defrauded these victims by falsely telling them that: (1) he would purchase, and had purchased, Miners on their behalf; and (2) he would provide them with Miner-hosting services and had already obtained such Miner-hosting services for them.  In fact, STOJANOVICH failed to deliver the promised Miners and Miner-hosting services.

In all, STOJANOVICH induced more than a dozen customer-victims to pay a total of more than $1.84 million to STOJANOVICH and his companies, ostensibly in return for Miners and Miner-hosting services.  Despite fraudulent representations to the contrary, STOJANOVICH: (1) failed to provide many of the Miners that he told customers he had acquired; (2) failed to provide the hosting services and cryptocurrency hash power that he represented that he would provide; (3) employed deceptive practices to create the illusion that such Miners had been acquired and were being used to provide hash power to those customers; and (4) misappropriated his customers’ funds and spent the funds on unrelated and personal expenditures, including by spending a substantial portion those funds on personal expenses, including chartered air flights, hotel rooms, limousines, and private parties.

Defrauding at Least 10 Victims in 2019

In the spring and early summer of 2019, STOJANOVICH fraudulently induced at least 10 customers to pay a total of more than $1.66 million to STOJANOVICH and Chet Mining, in return for Miners and Miner-hosting services.  Between March and July 2019, based on these and other misrepresentations, STOJANOVICH issued at least 15 invoices to these 10 victims, with instructions to make payment to STOJANOVICH or one of his companies.  As directed by STOJANOVICH, these 10 customers paid STOJANOVICH a total of approximately $1,618,000 in bank wires and cryptocurrency transfers.  However, STOJANOVICH failed to provide the Miners and Miner-hosting services that he had agreed to provide and for which he had been paid.

Defrauding 3 More Victims in 2021

In or about August and September 2021, STOJANOVICH induced at least three additional customer-victims to pay him a total of approximately $179,880, as payment for a total of 127 Miners.  Ultimately, STOJANOVICH provided those customers with only 3 of the 127 Miners they had paid for and repaid those customers only approximately $61,000 of the $179,880 they had paid.

The March 2022 Deposition

Several of the victims of the scheme described in the Complaint brought lawsuits against STOJANOVICH in federal court in Manhattan.  In one such lawsuit, Holmes et al. v. Chet Mining, Chet Stojanovich, et ano., Case No. 1:20-CV-04448-LJL (S.D.N.Y.), STOJANOVICH was ordered by the court to appear for a deposition on March 4, 2022.  During that deposition, STOJANOVICH testified falsely on a number of subjects.  For example, in response to several questions, STOJANOVICH testified that he did not know the answers without looking in his personal cellphone, and falsely testified that his phone was downstairs in his rental car or in storage.  The deposition was thereupon adjourned for a half-hour, and STOJANOVICH was instructed to retrieve his cellphone and return to the deposition.  Instead, STOJANOVICH left the deposition and loitered in the vicinity of his car until after everyone else participating in the deposition had left.  Shortly thereafter, he returned to Canada, where he has been residing in recent weeks.

STOJANOVICH, 37, previously of Manhattan but in recent months apparently residing in Canada, is charged with one count of wire fraud, which carries a maximum penalty of 20 years in prison.

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Williams praised the outstanding work of the FBI for its assistance in this investigation.

The charge contained in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described therein should be treated as an allegation.

Governor Hochul Holds a COVID-19 Briefing

 

Governor Hochul: "This was not a decision by the federal government that masks were no longer needed in very congested settings like public transit, our buses, in New York City the subway. But it was overturned by the court for procedural reasons You watch the variants, they come, and we're starting to see cases and hospitalizations go up. So we're going to continue, in the short term, again, for public transit, our correctional facilities, our nursing homes, health care settings, domestic violence centers, buses and train stations, let's just be smart about it. And again, we're going to be letting people know places that, as they start coming off. We're going to get there. We will get there, but also just let's keep pushing the vaccinations."

Hochul: "Suit up with the armor. That means not one, but two boosters. So we know what to do. We keep getting vaccinated, we get boosted. Second booster. If you feel sick, take care of yourself, get tested."

Attorney General James Distributes First Funds from Historic Opioid Settlements to North Country, Southern Tier, and Westchester and the Hudson Valley

 

North Country to Receive More Than $2.6 Million in First Round of Payments

Southern Tier to Receive More Than $4.8 Million in First Round of Payments

City of Yonkers, Westchester, and Hudson Valley Counties to Receive More Than $16.7 Million in First Round of Payments

New York Attorney General Letitia James distributed the first round of payments from the opioid settlements. These funds are the result of the $1.5 billion that Attorney General James has secured so far for New York state as a result of settlements with the manufacturers and distributors of opioids. All 62 counties and the five largest cities in the state will begin receiving funds this week, which will be used for opioid treatment and prevention efforts. The North Country will receive up to $14.5 million in total over the years as part of these settlements.

“Too many New Yorkers have been impacted by the dangerous and deadly effects of opioids, and these funds will support our communities with treatment, support, and prevention,” said Attorney General James. “With these funds, we will help residents and families recover and rebuild. While no amount of money will ever compensate for the lives we’ve lost to this crisis, these funds will be vital in helping to prevent future deaths.”

These payments are the first of many to combat the opioid crisis. The first payments come from settlements with opioid distributors — AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson Corporation.

Later this year, additional payments from the settlements with Endo Health Solutions, Janssen Pharmaceuticals, and Allergan. In addition, counties will receive funds from the New York State Opioid Settlement Fund, which is managed by the New York State Office of Addiction Services and Supports (OASAS).

The breakdown of the funds that will be distributed in 2022 is below.  

North Country Total: $2,651,651

•    Clinton County: $495,980
•    Essex County: $219,083
•    Franklin County: $272,802
•    Hamilton County: $18,055
•    Jefferson County: $759,728
•    Lewis County: $149,790
•    St. Lawrence County: $736,212

Southern Tier Total: $4,863,558

•    Broome County: $1,664,579
•    Chemung County: $734,827
•    Chenango County: $308,067
•    Delaware County: $327,684
•    Schuyler County: $124,216
•    Steuben County: $678,280
•    Tioga County: $323,499
•    Tompkins County: $702,406

Hudson Valley Total: $10,848,262

•    Dutchess County: $2,613,238
•    Orange County: $3,094,371
•    Putnam County: $706,760
•    Rockland County: $1,838,240
•    Sullivan County: $1,126,527
•    Ulster County: $1,469,126

Westchester County Total: $5,875,882

•    City of Yonkers: $383,564

In October 2021, Attorney General James visited Westchester County as part of her statewide ‘HealNY’ tour, where she announced that she will deliver up to $95 million to help residents in Westchester and the Hudson Valley combat the opioid epidemic. That same month, Attorney General James also toured the Cornerstone Family Healthcare Center for Recovery in Newburgh to address her continued efforts to combat the opioid crisis. 

In March 2019, Attorney General James filed the nation’s most extensive lawsuit to hold accountable the various manufacturers and distributors responsible for the opioid epidemic. The manufacturers named in the complaint included Purdue Pharma and its affiliates, as well as members of the Sackler Family (owners of Purdue) and trusts they control; Janssen Pharmaceuticals and its affiliates (including its parent company Johnson & Johnson); Mallinckrodt LLC and its affiliates; Endo Health Solutions and its affiliates; and Teva Pharmaceuticals USA, Inc. and its affiliates. The distributors named in the complaint were McKesson Corporation, Cardinal Health Inc., Amerisource Bergen Drug Corporation, and Rochester Drug Cooperative Inc. 

In December 2021, Attorney General James scored a court victory against Teva Pharmaceuticals USA after a jury found the company and its affiliates liable for violating New Yorkers’ rights. A subsequent trial will now be held to determine how much Teva and others will be required to pay, which will be added to the up to $1.5 billion Attorney General James has already secured for the state of New York from different opioid manufacturers and distributors.

In September 2021, Attorney General James secured $50 million from Endo for New York state and Nassau and Suffolk counties to combat the opioid crisis and removed the opioid manufacturer from New York’s ongoing opioid trial.

In July 2021, Attorney General James secured a settlement with McKesson, Cardinal Health, and Amerisource Bergen that will deliver up to $1 billion to New York state to combat the opioid epidemic.

In June 2021, Attorney General James announced a settlement that will deliver $230 to New York and end Johnson & Johnson’s sale of opioids nationwide. 

The cases against Mallinckrodt, Purdue Pharma, and Rochester Drug Cooperative are now moving separately through U.S. Bankruptcy Court.

DEC ADVISES HIGHLY PATHOGENIC AVIAN INFLUENZA DETECTED IN NEW YORK’S WILD BIRDS

 

CDC Notes No Immediate Public Health Risk, Public Advised to Report Dead Birds to DEC Regional Offices for Tracking

 The Department of Environmental Conservation (DEC) today announced that the Highly Pathogenic Avian Influenza (HPAI) virus has been found in multiple wild bird species in several areas of New York State. No known HPAI human infections are documented in the U.S., and according to the U.S. Centers for Disease Control and Prevention, these recent cases of HPAI do not present an immediate public health concern.

Avian influenza (AI) is caused by an influenza virus carried by free-flying wild birds such as ducks, geese, gulls, and shorebirds. Generally, influenza viruses can infect some wildlife species without causing signs of disease, but new strains can emerge that cause illness with high mortality in both wild birds and domestic poultry. These strains are designated as highly pathogenic, or HPAI. HPAI outbreaks in wild birds are often cyclical and tied to migration when birds are concentrated in large numbers. As birds spread out on the landscape during the nesting season, disease transmission is expected to decrease.

DEC is working cooperatively with the New York State Department of Agriculture and Markets (AGM) and the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service, the agencies leading the joint HPAI incident response, as well as the State Department of Health and Cornell University.

This recently detected HPAI strain likely came from Europe, where it has been circulating since 2020. Since late November 2021, the HPAI H5N1 Eurasian strain began being detected across North America. This outbreak expanded rapidly in mid-March 2022 in North America and HPAI has been detected in many other states, including those that share a border with New York. In February 2022, the first case of HPAI in New York was found in Suffolk County in a domestic flock. Since that time, AGM has detected HPAI in domestic poultry flocks, gamebird breeder facilities, and shooting preserves.

To date in New York, HPAI has been found in captive chickens, pheasants, and ducks in Dutchess, Ulster, Monroe, and Fulton counties. HPAI was detected in free-ranging wild birds in Cayuga, Clinton, Montgomery, Monroe, Onondaga, Seneca, Suffolk, Nassau, Livingston, and Wayne counties. Wild birds confirmed as infected include snow geese, Canada geese, tundra swan, mute swan, sanderling, mallard duck, redhead duck, ring-necked duck, wood duck, hooded merganser, great blue heron, bald eagles, great horned owls, snowy owl, cooper’s hawk, red-tailed hawk, fish crow, and turkey vulture. Many species of waterfowl, including shorebirds, gulls, raptors, herons and cranes, are also vulnerable. Small songbirds have not been affected in New York or other states. Confirmed wild bird cases are listed on the USDA website and shown on the U.S. Geological Survey map.

While the risk of a person becoming infected is low, individuals can protect themselves by only harvesting game that appears to be healthy and properly cooking any game meat being eaten to an internal temperature of 165° F, which kills the virus. If handling wild birds, particularly waterfowl, gulls, and raptors, individuals should follow precautions such as using personal protective equipment like masks, gloves, and eye protection, and washing hands thoroughly.

To assist DEC’s efforts to track HPAI in wildlife and provide an early warning to the State Department of Agriculture and Markets and local poultry or gamebird operations, please report any suspicious deaths of species listed above to your local DEC regional office.

More information on HPAI may be found at:

CDC Avian Influenza

New York State Wildlife Health Program Field Biosafety Prototcol

USDA Avian Influenza Updates 2022

USGS HPAI Distribution 2021/2022

USDA Guidance for Captive Wild Birds

MAYOR ADAMS, NYC PARKS, U.S. ENVIRONMENTAL PROTECTION AGENCY CELEBRATE $18.2 MILLION REMEDIATION OF RED HOOK BALL FIELDS

 

Joint Effort Marks Milestone in Addressing Legacy Lead Contamination at Red Hook Ball Fields in Brooklyn

 New York City Mayor Eric Adams, New York City Parks and Recreation Commissioner Sue Donoghue, and United States Environmental Protection Agency (EPA) Region 2 Administrator Lisa F. Garcia were today joined by elected leaders and environmental justice advocates to open four new and remediated fields in the Red Hook Recreation Area in Brooklyn. The updates to ball fields 5-8 were funded by an $18.2 million grant by the city, and are part of a phased-in environmental remediation and reconstruction effort of the fields in the area, receiving nearly $130 million in investments.

 

“We know parks aren’t luxuries, they are necessities that help New Yorkers stay healthy and build community,” said Mayor Adams. “Thanks to this $130 million investment in the Red Hook Ball Fields, New Yorkers will be able to play ball safely for generations to come. I’m grateful to the EPA for their partnership restoring areas that have needed help for too long and I look forward to working together to ensure every New Yorker, regardless of zip code, has access to a clean and safe park.”

 

“Today, we are righting a historic wrong. The cleaner, greener, and more resilient return of Red Hook’s beloved ball fields ends years of environmental injustice,” said Deputy Mayor for Operations Meera Joshi. “Everyone deserves clean, safe, and green space to live near, and I am thrilled to reopen the Red Hook ball fields with its new sustainable and accessible amenities for all New Yorkers.”

 

“We are excited to bring these fields back to life and return them to the kids of Red Hook and the community members who followed this project from inception to completion,” said Commissioner Donoghue. “We are proud to have righted some of the environmental wrongs that have plagued this neighborhood for far too long. Today, Red Hook is a cleaner, greener, and healthier place to live and play.”

 

“All New Yorkers have a right to live, work, and play in communities that are safe, healthy, and free of harmful environmental pollutants,” said Mayor's Office of Climate and Environmental Justice Kizzy Charles-Guzman. “This project demonstrates that cleaning up lead contamination can advance environmental justice in multiple ways: protecting the health of our neighborhoods, increasing access to quality open spaces, and managing storm water all at the same time.”

 

“We are pleased to stand with the city of New York to celebrate this cleanup milestone. The collaborative work at the Red Hook Ball Fields marks a notable achievement in our continuous effort to address legacy contamination from defunct lead smelting facilities, particularly those affecting overburdened communities like here in Red Hook,” said EPA Regional Administrator Garcia. “This is a major win for the community. As always, community engagement was key to this project, and together we listened and worked to address the community’s concerns. EPA, working with our state and local partners, continues to make progress in addressing lead-contaminated soil here in New York, and across the United States.”

 

The revamped ballfields boast new, multi-sports fields with synthetic turf, new dugouts, rain gardens, accessible ramps, and plantings. In 2014, the EPA and New York City Parks and Recreation investigated potential contamination from the former Columbia Smelting Facility that had been located at Red Hook Park. The company’s operations left lead in area soil that eventually became ball fields 5, 6, 7, and 8, and the joint investigation found elevated lead levels in the soil at the ball fields. As a result, EPA ordered the closure of ball fields 5-8 in Spring 2015.

 

All exposed soil on fields 5-8 were covered with a minimum of one foot of clean soil and drainage infrastructure. This resilient barrier system permanently reduces the chance of people encountering contaminated soil on these fields and will be inspected routinely to ensure it remains protective. When remediation was complete, the fields were furnished with new amenities, including new fencing, curbing, and other structures.

 

NYS Office of the Comptroller DiNAPOLI: WEAK OVERSIGHT LEADS TO TAX BREAKS FOR INELIGIBLE PROPERTIES

 

Audit Finds Properties in Forest Protection Program That Don't Qualify

 The New York State Department of Environmental Conservation’s (DEC) inadequate monitoring and enforcement has resulted in landowners enrolled in two private forest conservation programs receiving property tax exemptions of up to 80% for which they may be ineligible, according to an audit by New York State Comptroller Thomas P. DiNapoli.

“New York state offers a property tax break for landowners who commit to protect their private forest land, but some property owners are not living up to their end of the agreement,” DiNapoli said. “This audit raises questions about whether these incentives are achieving their goal to improve private forest management. The tax benefits received are worth hundreds of thousands of dollars and demand greater scrutiny.”

The two programs, Real Property Tax Law 480a and 480, offer tax incentives to qualified private forest landowners who submit and follow a DEC-approved forest management plan for their property to promote healthy forests and increase the likelihood of a more stable forest economy. While local assessors are ultimately responsible for ensuring that only eligible acres receive tax benefits, the success of the programs hinge on the efforts of both the localities and DEC.

DiNapoli’s report found weaknesses in several aspects of DEC’s oversight of the 480a program, starting with poor monitoring and enforcement that undermined the agency’s ability to ensure only eligible properties were enrolled in the program and therefore eligible for tax exemptions, and that forest land continued to be protected and enhanced as an economic resource.

The audit examined a sample of 135 of the 6,858 properties in the program and found 45 (33%) were not in compliance with its requirements and may have improperly received the local tax exemption. The landowners of the 45 properties saved approximately $525,745 in local taxes between 2017 and 2019 because the property values were reduced by over $6.1 million annually for land valued at a total of almost $8.2 million.

The DEC did not have a comprehensive up-to-date data collection and monitoring system for tracking program participants. Auditors found the absence of such a database, along with administrative inefficiencies and insufficient staffing resulted in inadequate oversight. The report also found DEC’s oversight problems led to inadequate enforcement of management plans and submission of annual commitments. Further, local assessors granted exemptions to property owners who were not enrolled in the program and exemptions were given for potentially ineligible land, including those that did not meet the programs’ acreage requirements.

Additionally, there are 795 properties under the older 480 program for which landowners have been benefitting from local tax reductions for over 45 years that have gone largely unmonitored by DEC or the localities. In most cases, the DEC was not aware which properties were enrolled in the program. This program has lesser qualifying standards than the 480a program.

DiNapoli recommended:

• DEC improve communication and partnerships with local assessors to ensure properties are appropriately enrolled, eligible and benefiting from the 480a and 480 programs, and management plans are followed, records are maintained, and enforcements are applied when violations occur.
• Develop and maintain a centralized statewide database to improve oversight and administration of statewide forest tax programs, including compliance with management plans, work scheduled and annual commitments.

DEC agreed with many of the recommendations and acknowledged they should not have issued certificates without approved management plans and stated they are taking steps to prevent a reoccurrence.

Enrollment Requirements

To enroll in the 480a program, landowners must apply to certify their land through the DEC. Forest land is eligible if the tract is at least 50 contiguous acres exclusively devoted to, and sustainable for, forest crop production, and stocked with a stand of trees sufficient to produce a profitable crop within 30 years from DEC certification. The landowner must submit a forest management plan that includes, among other things, a map identifying boundary lines and acreage of eligible and ineligible forest land, and a 15-year work schedule of all work to be done each year, including all planned commercial and non-commercial harvests and road construction. The program requires the submission of an annual commitment form from the property owner recommitting the land for the next succeeding 10 years.

Once all requirements are met, the DEC issues the landowner a certificate of approval. DEC approval is required for any changes to the certificate. Since 2011, enrollment in the 480a program has increased by 30%, and between 2017 and 2019, landowners benefited from an approximate local tax reduction of $62 million.

Audit

Oversight of New York State Forest Tax Programs

Online Tool

Interactive Statewide Map of Tax Breaks