Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - SEPTEMBER 13, 2022

 

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing, and Treatment

44 Statewide Deaths Reported from September 10 to September 12

Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19. 

"As we head into the fall, I urge New Yorkers to remain vigilant in keeping themselves, their loved ones, and their communities safe and healthy," Governor Hochul said. "Take advantage of the vaccine by staying up to date on doses. Test before gatherings or travel and if you test positive, talk to your doctor about potential treatment options."

Last week, Governor Hochul announced the availability of bivalent COVID-19 vaccine boosters from Pfizer-BioNTech for anyone age 12 or older and from Moderna for those 18 or older. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations.

In addition, Governor Hochul announced that masking will now be optional in multiple settings where they were previously required, including on public transportation, in for-hire vehicles, at airports, homeless shelters, correctional facilities, and detention centers. Masks will continue to be required at adult care and health care facilities regulated by the state Department of Health, and in clinical settings regulated by the Office of Mental Health, Office of Addiction Services and Supports, and Office for People With Developmental Disabilities.

Today's data is summarized briefly below:

• Cases Per 100k - 14.93
• 7-Day Average Cases Per 100k - 18.56
• Test Results Reported - 36,116
• Total Positive - 2,917
• Percent Positive - 8.07 %**
• 7-Day Average Percent Positive - 6.96%**   
• Patient Hospitalization - 2,192 (+49)*
• Patients Newly Admitted - 798
• Patients in ICU - 231 (+1)
• Patients in ICU with Intubation - 76 (-8)
• Total Discharges - 340,575 (+653)*
• New deaths reported by healthcare facilities through HERDS - 44*
• Total deaths reported by healthcare facilities through HERDS - 57,857*

 ** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.   

   The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.   

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.   

• Total deaths reported to and compiled by the CDC - 73,939

   This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.   

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:   

Borough	Saturday,   September   10, 2022	Sunday,   September   11, 2022	Monday,   September   12, 2022
Bronx	5.83%	5.69%	5.69%
Kings	3.64%	4.15%	5.11%
New York	5.12%	5.11%	4.99%
Queens	6.86%	6.75%	6.69%
Richmond	5.74%	5.89%	5.92%

United States Settles With Four Additional Responsible Parties For The Release Of Mercury In The Village Of Rye Brook

Defendants Agree to Pay $437,255 in Clean-up Costs and Accept Responsibility in Consent Decree 

 Damian Williams, United States Attorney for the Southern District of New York, and Lisa Flavia Garcia, Regional Administrator for the U.S. Environmental Protection Agency (“EPA”), Region 2, announced today that the United States has filed a civil lawsuit against AMERICAN IRON & METAL CO., INC. (“AIM”), CULP INDUSTRIES, INC. (“Culp”), PARAMOUNT GLOBAL (“Paramount”), and PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE (“PSNH”) (collectively, the “Defendants”), and has simultaneously filed a consent decree settling the lawsuit.  In the complaint, brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (“CERCLA”) – commonly known as the Superfund statute – the United States alleged that the Defendants arranged for the disposal or treatment of mercury by Port Refinery, Inc. (“Port Refinery”), a mercury refining business in the Village of Rye Brook, New York, which led to releases of mercury into the environment.  The consent decree provides for a combined payment of $437,255 by the Defendants for costs incurred by EPA in conducting clean-up activities at the site.

U.S. Attorney Damian Williams said:  “AIM, Culp, Paramount, and PSNH played a part in causing contamination in a residential community by arranging for the treatment or disposal of nearly 4,000 pounds of toxic mercury or mercury-containing materials, and now each is paying a share of the costs that EPA had to incur to clean up this site.  This Office continues to pursue and hold responsible parties accountable for their share of the costs at the site.”

EPA Regional Administrator Lisa F. Garcia said:  “With an additional $437,255 in cleanup costs that will be recovered by EPA, this settlement is good news and it brings the total amount recovered from responsible parties for this cleanup to more than $2.8 million.  This case demonstrates EPA’s commitment to clean up harmful pollution while holding accountable those entities that are responsible for cleanup costs.”

As alleged in the complaint filed today in White Plains federal District Court, each of the Defendants arranged for Port Refinery’s treatment or disposal of used or scrap mercury and mercury-containing materials at the Site.  Port Refinery’s treatment and processing of mercury sent by the Defendants and other parties led to extensive releases of mercury into the environment, necessitating two separate clean-up actions by EPA.  In connection with the second clean-up, EPA incurred costs at the Site for investigative and removal activities, including, among other things, excavating and disposing of more than 9,300 tons of mercury-contaminated soil from the site.

In the consent decree filed today, the Defendants admit and accept responsibility for the following:

• EPA has determined that from the 1970s through the early 1990s, Port Refinery engaged in, among other things, the business of mercury reclaiming, refining, and processing.
• Port Refinery operated in the Village of Rye Brook out of a two-story garage bordered by private residences on its south, east, and west sides.
• EPA has determined that Port Refinery took virtually no environmental precautions or safety measures during its mercury refinement process.
• EPA has determined that Port Refinery released a significant amount of mercury into the environment, contaminating the Site.
• EPA has determined that mercury from the Defendants’ mercury-containing products was comingled at the Site and contributed to the mercury released into the environment.

Moreover, in the consent decree each Defendant admits and accepts responsibility for directly or indirectly delivering mercury to Port Refinery as follows:

• AIM delivered 1,033 pounds of mercury to Port Refinery during Port Refinery’s period of operations.
• Culp delivered 527 pounds of scrap mercury to Port Refinery during Port Refinery’s period of operations.
• Paramount delivered to Port Refinery, via a third-party broker, ten drums containing at least 600 pounds of mercury residue for refining by Port Refinery during Port Refinery’s period of operations.
• PSNH sold 1,754 pounds of used mercury containing titanium or magnesium to a third-party broker during Port Refinery’s period of operations, and EPA has determined that those surplus mercury and mercury-containing materials came to be located at the Site.

Pursuant to the consent decree, the Defendants will pay a total of $437,255 in costs incurred by EPA.

This lawsuit is the United States’ seventh lawsuit against responsible parties to recover clean-up costs for the second clean-up at the Site.  With this settlement, the United States has recovered a total of $2,819,392 from responsible parties. 

The consent decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval to provide public notice and to afford members of the public the opportunity to comment on the consent decree.

Statement from Comptroller Lander on Board of Regents Vote on Academic Standards at Private Schools Receiving Public Funds

 

New York City Comptroller Brad Lander issued the following statement on today’s New York State Board of Regents vote to establish new regulations for holding private and parochial schools to substantially equivalent academic standards. The vote comes on the heels of The New York Times story outlining a lack of oversight of private Hasidic Jewish schools that fail to provide a basic secular education.

“Every single New York City child is owed a solid education that prepares them to thrive – yet as The New York Times report this week made starkly clear, too many yeshivas are failing that essential task. That so many young people have been denied the necessary skills they need to succeed in the higher educational opportunities, jobs, and diverse cultural and civic life of our city is a tragedy. That some of them may have been subjected to physical abuse is a shande.

“It is entirely possible for yeshivas to offer enriching English, math, and science education at the same time as a strong grounding in religious texts and Jewish tradition – indeed, many do. I know it personally, because many of my friends and colleagues are smart, well-educated yeshiva graduates.

“It’s also true that too many of our public schools fail to provide the enriching education that every one of our students deserve. The answer, of course, is to do all we can to demand accountability from all our schools – not to use the shortcomings of some to excuse those of others.

“Like all other private and public schools in New York State, yeshivas receive public funding to help meet the needs of and their obligations to their students. The government has an oversight responsibility to ensure those public dollars are spent as intended. Unfortunately, in recent years both the City and State have failed to hold yeshivas to appropriate educational standards. It is time for that to change. 

“Today, the Board of Regents adopted regulations clarifying the City’s oversight responsibilities to ensure that private and parochial schools offer a substantially equivalent basic education. As Comptroller, I’ll work to make sure we meet them.”

NYPD Commissioner Sewell Announces New Chief of Staff

 

Police Commissioner Keechant L. Sewell announced the appointment of Oleg Chernyavsky to Chief of Staff to the Police Commissioner, from his previous position as Assistant Deputy Commissioner, Legal Matters. This appointment further strengthens the police commissioner’s administration as the NYPD continues its work to safeguard New York City and deliver the most effective, fair policing to the people it serves.

Mr. Chernyavsky’s deep understanding in managing a combination of the most significant legal and policy subjects, as well as his close work with local, state, and federal government partners, will enrich the NYPD executive team’s work on timely public-safety issues of wide-ranging importance.

“I am extremely pleased to add Mr. Chernyavsky to my executive team,” said NYPD Commissioner Keechant L. Sewell. “His decades of service with the New York City Police Department have established him as one of the premier law-enforcement professionals in our city. I look forward to working closely with him and the rest of our team as we continue to fight for every New Yorker, in every New York City neighborhood.”

CHIEF OF STAFF TO THE POLICE COMMISSIONER

Oleg Chernyavsky

Oleg Chernyavsky joined the New York City Police Department as an attorney in October 2002, assigned to the department’s Legal Bureau. He rose through the ranks, and was promoted to Assistant Deputy Commissioner, Legal Matters in June 2019. In this role, while simultaneously overseeing all of the Legal Bureau’s attorneys and support staff, he served as an advisor to the police commissioner and other NYPD executives on a variety of legal topics and policies as they relate to policing. Mr. Chernyavsky also served as the NYPD’s liaison with various city, state, and federal elected officials, as well as police executives and prosecutors throughout New York State. While assigned to the Legal Bureau’s Civil Enforcement Unit, Mr. Chernyavsky spearheaded the reconstruction of the department’s vehicle forfeiture program and prosecuted nuisance abatement actions. During his time at the Legal Bureau’s Criminal Section, he advised and trained members of the department on a variety of topics, represented the NYPD at community council meetings, and advised the Detective Bureau on numerous investigations, including several high-profile and newsworthy crimes and investigations. His mission has also involved analyzing complex legislative matters at all levels of government and working closely with agency executives on confidential and sensitive matters. Mr. Chernyavsky has conferred frequently with the Mayor’s Offices of Federal, State, and City Legislative Affairs as well as with elected officials and other city agencies. Additionally, he serves as the NYPD liaison to the New York State Association of Chiefs of Police, and served as the police commissioner’s voting representative on the Governor’s Criminal Justice Task Force. Mr. Chernyavsky earned a Bachelor of Science degree from St. John’s University, a master’s degree in international relations from Syracuse University’s Maxwell School, and a Juris Doctor degree from Syracuse University School of Law.

Former NYPD Sergeant Pleads Guilty To Embezzlement Scheme

 

 Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Thomas M. Fattorusso, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, New York Field Office (“IRS-CI”), and Jonathan Mellone, Special Agent-in-Charge of the New York Regional Office of the U.S. Department of Labor – Office of Inspector General (“DOL-OIG”), announced that ANTHONY LISI pled guilty to conspiracy to commit wire fraud for his involvement in an embezzlement scheme.  LISI surrendered yesterday and pled guilty before United States District Judge Paul A. Engelmayer, to whom his case is assigned.

U.S. Attorney Damian Williams said:  “As he admitted, Anthony Lisi participated in an embezzlement scheme.  Lisi accepted a job with a technology company and, for over a year, submitted falsified weekly time sheets to his employer. He claimed that he had worked eight hours per day, every day—including various holidays—when he had not.  As a law enforcement officer who worked for the NYPD for over 20 years, including as a Sergeant, Lisi knew right from wrong.”

FBI Assistant Director Michael J. Driscoll said:  “As he admitted, Mr. Lisi intentionally defrauded his victims through an embezzlement scheme as soon as he began his employment.  As a law enforcement officer, he knew better than most that by lying about the services he provided he was committing a crime.  Embezzlement schemes harm both private businesses and the broader economy regardless of their scale.  The FBI and our law enforcement partners will continue to work to hold fraudsters accountable in our justice system.”

IRS-CI Special Agent in Charge Thomas M. Fattorusso said:  “There is simply no excuse for Lisi, whose job as a Sergeant with the NYPD was to understand how laws work and how laws are broken.  His scheme to make fast cash without doing the work has now landed him on the wrong side of the law, and his guilty plea moves him a step closer to realizing the consequences of his actions.”

According to the allegations in the Information, court filings, and statements made in court:

In connection with an IT services contract, a technology company hired ANTHONY LISI.  From January 2018 to February 2019, LISI electronically submitted weekly time sheets in which he represented to the technology company that he had worked eight hours per day, every day, including various holidays.  In fact, he had not.  These false representations induced the technology company to pay LISI. 

LISI, 47, of Monroe, New Jersey, pled guilty to one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison.  Under the terms of his plea agreement, LISI has agreed to forfeit $66,100 and to pay restitution of $94,185. 

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 the judge.  LISI is scheduled to be sentenced by Judge Engelmayer on December 21, 2022, at 10:30 a.m.

Mr. Williams praised the outstanding efforts of the FBI, IRS-CI, and DOL-OIG.  Mr. Williams also noted that the investigation is ongoing.

This matter is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorney Michael D. Neff is in charge of the prosecution.

KRVC - This Thursday, Sept. 15th, Gallery 505 Opening Reception at 7:00 pm

 

We have so many exciting and fun events planned for our community this coming fall -- Join us this Thursday September 15th 7:00 pm Gallery 505 505 West 236th Street  for the opening of Erika Shallcross's exhibit From Every Angle: Through the Female Gaze

Erika Shallcross is a visual artist based in New York City. A photographer, painter, and collage technician, her pieces are both whimsical and evocative. Regularly experimenting with new techniques and touching on various themes, Shallcross believes these parameters simultaneously anchor, free, and guide her work. Shallcross is the owner of the Riverdale-based New York Portrait Company, which specializes in unique and innovative women’s portraiture. In addition, she teaches a variety of courses at Pelham Art Center in Westchester, New York. NewYorkPortraitCompany.com SCOTT BRAVO acoustic, instrumental guitarist will be here. Scott was born and raised in Syracuse NY. In 2004 he recorded his first full album and went on tour across the country. By 2007 he had signed a record deal with Ohio record label RockShot Records and released his jazziest album to date. ”Bemusement Park”. In 2009 Scott released “NY Smile” his 4th album. He spent the vast majority of 2009-2013 on the road around the country steadily building a larger following. In 2013 he moved to NYC. In 2015 he released 5th album, a collection of older songs called "V" and his 6th “Yes…But With Shades of Grey”. In 2017 he released his 7th album, "Acoustisexual", and in 2019 he released a live EP entitled "Naked in My Glass Home". In 2020 he decided to try his hand at the 8 string acoustic guitar. From Every Angle: Through the Female Gaze explores confidence, inner strength, and, of course, the female form, as seen through the eyes of artist Erika Shallcross.  Look forward to seeing you! KRVCDC.ORG/EVENTS

NYC & Company Announces the Return of NYC Off-Broadway Week for the Fall

 

Today, NYC & Company is proud to announce that the fall iteration of NYC Off-Broadway Week will return for the first time since 2019, offering 2-for-1 tickets to 28 Off-Broadway shows, available for purchase now at nycgo.com/offbroadwayweek. 

The biannual program is celebrating its 13th year and will run from September 26 through October 9. 

Participating shows in NYC Off-Broadway Week fall 2022 include: 

1. American (Tele)visions ** 

2. Asi Wind’s Inner Circle ** 

3. Blue Man Group 

4. Cherry Jam ** 

5. Drunk Shakespeare 

6. Eva Luna ** 

7. Frankenstein – The Musical 

8. Friends! The Musical Parody 

9. Gazillion Bubble Show 

10. Hyprov ** 

11. I’m Revolting ** 

12. Ink’d Well ** 

13. Jasper ** 

14. Kinky Boots ** 

15. La Breve y Maravillosa Vida de Oscar Wao ** 

16. Los Otros ** 

17. The Office! A Musical Parody 

18. Only Gold ** 

19. Peerless ** 

20. Perfect Crime 

21. The Play That Goes Wrong 

22. Stomp 

23. Stranger Sings! ** 

24. Ted Greenberg’s The Complete Performer ** 

25. This Beautiful Future ** 

26. Titanique ** 

27. Two Jews, Talking ** 

28. Weightless **  

*Subject to availability. Blackout dates may apply. 

** New participants in NYC Off-Broadway Week. 

Attorney General James Returns $24,000 to Nurses Taken Advantage of by Albany Hospital

Albany Med Health System Will Pay $114,000 in Total for Illegally Forcing Former Nurses to Pay Fees Following Resignation or Termination 

New York Attorney General Letitia James today announced a second agreement with Albany Med Health System (Albany Med) after finding that Albany Med included an illegal provision in employment contracts with nurses who were hired from overseas. That illegal provision, or “repayment fee,” required nurses to pay thousands of dollars if they resigned or were fired within the first three years of employment at Albany Med. In 2021, Attorney General James recovered more than $90,000 for seven former employees of Albany Med who were forced to illegally pay the hospital because of this provision. Following the news of that settlement, additional former nurses of Albany Med came forward and reported similar treatment. Today’s settlement will return more than $24,000 to eight nurses who paid illegal repayment fees to Albany Med between 2007 and 2010, bringing the total amount Albany Med will pay in restitution to $114,000.

“I will not allow hardworking nurses — frontline workers — to be taken advantage of in New York state,” said Attorney General James. “Our health care system is dependent on nurses, and they deserve to be treated with the highest respect and dignity. My office will always fight for health care workers, and I am proud that we can continue to protect the nurses who were impacted by these illegal contracts, return the funds stolen from them, and hold employers accountable.”

“This second settlement for Albany Medical Center nurses is a victory for immigrant nurses and workers everywhere who have been subjected to coercive employment contracts,” said NYSNA President Nancy Hagans, RN, BSN, CCRN. “We applaud Attorney General Letitia James’ office for taking action to protect New York’s workers — wherever they hail from — and winning a settlement that returns some of the nurses’ hard-earned money.”

Attorney General James issued a subpoena in February 2020 after the matter was referred to her office by the New York State Nurses Association (NYSNA). The ensuing investigation revealed Albany Med recruited nurses from foreign nations, most often the Philippines, under visa arrangements. The employment contracts provided to these nurses included an unlawful mandatory repayment provision, which would require a nurse to pay up to $20,000 if they resigned or were fired within the first three years of employment at Albany Med. If nurses failed to pay the fee, the provision threatened legal action and reporting to immigration authorities. As a result of the provision, nurses were discouraged from leaving Albany Med, even if the conditions of employment were unsustainable, or if they were able to find higher payment or better opportunity elsewhere.

In June 2021, Albany Med agreed to pay $90,229 in restitution and interest to seven nurses who had been forced to pay Albany Med under this provision since 2011. Albany Med was also required to remove the repayment provision from all employment contracts, notify current and former nurses of the clause’s removal, and submit written reports on their compliance to the Office of the Attorney General (OAG). Albany Med has since complied with all stipulations of the agreement.

After the announcement of the settlement, eight additional former employees came forward. The OAG found that between 2007 and 2010, Albany Med received repayment fees from these employees. In today’s agreement, Albany Med has agreed to pay these employees $24,255 in restitution.