NYC Comptroller Lander and City Pension Funds Call on Major U.S. and Canadian Banks to Set Absolute GHG Emissions Targets for High Emitting Sectors

 

Shareholder proposals at Bank of America, Goldman Sachs, JPMorgan Chase and Royal Bank of Canada call for banks to set and publish interim science-based reduction targets for 2030.

Pension funds say these steps are necessary for the banks to meet net zero goals.

Greenhouse gas emissions from the oil and gas industry are responsible for over 40% of global emissions.

 Today, New York City Comptroller Brad Lander and three of the New York City Retirement Systems (the New York City Employees’ Retirement System, Teachers’ Retirement System, and Board of Education Retirement System) announced shareholder proposals at Bank of America, Goldman Sachs, JPMorgan Chase, and Royal Bank of Canada calling for the banks to disclose absolute greenhouse gas (GHG) emissions targets for 2030.

The shareholder proposals call for an absolute reduction target aligned with a science-based net zero emissions pathway – a widely-recognized standard for evaluating whether companies are genuinely on a path to meet net zero commitments.

“Shareholders applauded these banks when they set net zero goals – but it can’t be all talk. We expect them to take the steps needed now to reduce emissions on the timeline to which they have committed. We are asking Bank of America, JPMorgan Chase, Goldman Sachs, and Royal Bank of Canada to follow the lead of their peers by setting and disclosing absolute, science-based targets for 2030, to show investors they are serious about reaching those goals. Absent a concrete plan to reduce absolute emissions in the real world in the near term, any net zero plan rings hollow,” said New York City Comptroller Brad Lander.

The proposals filed at Goldman Sachs, JPMorgan Chase and Royal Bank of Canada specifically request that the absolute GHG emissions targets cover lending and underwriting for oil and gas and power generation sectors. The proposal at Bank of America, co-filed with the New York State Common Retirement Fund, requests that the GHG emissions reduction targets cover lending and underwriting in the Company’s energy sector.

As members of the Net-Zero Banking Alliance, these banks have committed to publish progress against absolute emissions and/or emissions intensity targets. Unfortunately, while some other major U.S. and foreign banks have set absolute emissions reduction targets, these four banks have only set targets to reduce the intensity of their emissions. Intensity reduction targets do not capture whether the Company’s total financed emissions have decreased in the real world. As a result, while these four banks have set net zero emissions goals for 2050, they are not taking a basic step of setting interim reduction targets that account for total portfolio emissions. The proposals encourage the banks to demonstrate to shareholders that they are taking a critical step towards achieving their net zero goals.

The shareholder proposals are in line with recommendations outlined in Integrity Matters: Net Zero Commitments by Businesses, Financial Institutions, Cities, and Regions, developed by the UN High-Level Expert Group to establish credible standards for net zero plans. There is global agreement that failing to limit greenhouse gas (GHG) emissions will have serious ramifications on our planet and make limiting global warming impossible. The Intergovernmental Panel on Climate Change (IPCC) has advised that GHG emissions must be halved by 2030 and reach net zero by 2050 to limit global warming to 1.5°C. Any increase above 1.5°C will bring heightened physical, transition, and systemic risks to companies, investors, the markets, and the economy as a whole. Climate change mitigation is therefore critical to address investment risks in order to avert the large economic losses projected to occur if insufficient action is taken.

Other consumer banks have already set interim targets to reduce absolute emissions. Citigroup has committed to reducing its absolute emissions for the energy sector by 29% by 2030 and Wells Fargo has set a target to reduce absolute emissions for the oil and gas sector by 26% by 2030. Other banks with absolute reduction goals for the oil and gas sector include HSBC (34%), Société Generale (30%), BBVA (30%), and Deutsche Bank (23%).

Each proposal requests the issuance of a report within one year.

As of November 2022, the three New York City Retirement Systems combined have a total holding of:

• 7.74 million shares of Bank of America stock valued at $239.04 million.
• 437 thousand shares of Goldman Sachs stock valued at $168.82 million.
• 2.99 million shares of JPMorgan Chase stock valued at $412.91 million, and
• 293 thousand shares of Royal Bank of Canada stock valued at $28.92 million.

These proposals are a part of the pension funds’ overall approach to achieving net zero emissions in their investment portfolio by 2040.

“These proposals are an essential step towards achieving a net-zero future,” said Bryan Berge, representative of Mayor Eric Adams, chair of the Board of Trustees of the New York City Employees’ Retirement System and trustee of the New York City Teachers’ Retirement System. “We are proud to lead this shareholder effort to secure a better tomorrow.”

In addition to Comptroller Lander, the trustees of the aforementioned systems are as follows:

New York City Employees’ Retirement System (NYCERS): Mayor Eric Adams’ Appointee Bryan Berge, Director, Mayor’s Office of Pension and Investments; New York City Public Advocate Jumaane Williams; Borough Presidents: Mark Levine (Manhattan), Donovan Richards (Queens), Antonio Reynoso (Brooklyn), Vito Fossella (Staten Island), and Vanessa L. Gibson (Bronx); Henry Garrido, Executive Director, District Council 37, AFSCME; Richard Davis, President Transport Workers Union Local 100; and Gregory Floyd, President, International Brotherhood of Teamsters, Local 237.

Teachers’ Retirement System (TRS): Mayor Eric Adams’ Appointee Bryan Berge, Director, Mayor’s Office of Pension and Investments; Chancellor’s Representative, Seritta Scott, New York City Department of Education; and Debra Penny (Chair), Thomas Brown, and David Kazansky, all of the United Federation of Teachers.

Board of Education Retirement System (BERS): Schools Chancellor David C. Banks, Represented by Seritta Scott; New York City Comptroller Brad Lander’s Representative Alison Hirsh; Mayoral appointees Lilly Chan, Marjorie Dienstag, Khari Edwards. Gregory Faulkner, Anita Garcia, Anthony Giordano, Dr. Angela Green, Maria Kenley, Michelle Joseph, Alan Ong, Phoebe Sade-Arnold, Maisha Sapp, Gladys Ward; CEC appointees Naveed Hasan, Jessamyn Lee, Thomas Sheppard, and Ephraim Zakry; Borough President Appointees Geneal Chacon (Bronx); Tazin Azad (Brooklyn); Kaliris Salas-Ramirez (Manhattan); Sheree Gibson (Queens); Aaron Bogad (Staten Island); and employee members John Maderich of the IUOE Local 891 and Donald Nesbit of District Council 37, Local 372.

MAYOR ADAMS LAUNCHES ‘BREAKING BREAD, BUILDING BONDS’ CITYWIDE TO COMBAT RISING HATE AND FOSTER MUTUAL UNDERSTANDING

 

Building on Program Initially Launched at Brooklyn Borough Hall, B4 Aims to Organize 1,000 Meals with Diverse Group of New Yorkers Across NYC

New York City Mayor Eric Adams today announced the launch of ‘Breaking Bread, Building Bonds’ (B4), a citywide initiative to combat the rise in hate crimes in many communities across the city, and foster mutual understanding between New York’s diverse neighborhoods. The program, which builds on an initiative that was launched when Mayor Adams served as Brooklyn borough president, aims to organize 1,000 meals citywide with a group of 10-12 diverse New Yorkers at each meal.

 

“Hate is a virus, fueled by the failure to see our common bonds, but we are going to do something revolutionary to eradicate this hate: Break bread and talk to each other,” said Mayor Adams.” This year, we are going to organize 1,000 meals and conversations across the city, bringing everyday New Yorkers from different backgrounds together to listen and learn from each other. No matter where we are from, who we love, what religion we worship, or what language we speak, we are all bound together by one thing: We are all New Yorkers, and together, we are going to defeat the pipeline of hate.”

 

“We fight racism and prejudice through opportunities like this to listen and learn from one another, and there is no better way to do that than by sharing a meal,” said Deputy Mayor for Public Safety Philip Banks III. “This program invites New Yorkers to challenge their biases by stepping out of their comfort zones and echo chambers and stepping into someone else's shoes.”

 

Organized in partnership with The People’s Supper (TPS), UJA-Federation of New York, and several community-based organizations, 'Breaking Bread, Building Bonds’ will empower everyday New Yorkers to host dinners and break down silos between communities. Working with the Mayor’s Office to Prevent Hate Crimes (OPHC), alongside the Mayor’s Community Affairs Unit (CAU), and Office of Faith-Based and Community Partnership (OFCP), TPS will coordinate large-scale trainings, provide support and coaching to dinner hosts, and develop a toolkit and resource guide, and assist with matching participants to hosts. UJA-Federation of New York will provide reimbursements of up to $150 for those who host dinners of 10-12 people.

 

In January 2020, then-Brooklyn Borough President Eric Adams and U.S. Representative Hakeem Jeffries announced the creation of the ‘Breaking Bread, Building Bonds’ initiative, following a significant rise in anti-Semitic hate crimes. The inaugural dinner of the initiative was held later that month in Jackson Heights, and took place during Peace Week, which features a series of events throughout the city dedicated to promoting peace and unity across cultures. The initiative was put on hold due to the disruption of in-person gatherings during the COVID-19 pandemic.

 

“This administration continues to commit itself to pursue holistic and effective ways to combat hate crime, bias, and discrimination,” said Mayor’s Office of Criminal Justice Director Deanna Logan. “New York is one of the world’s most diverse cities. This initiative will continue to bring together the mosaic of New Yorkers to harness the talents, expertise, and diversity that cultivates communities and builds solidarity.”

 

“Community empowerment is one of the core tenets of our office’s mission and we are excited to lead the ‘Breaking Bread, Building Bonds’ initiative citywide,” said OPHC Executive Director Hassan Naveed. “These meals and shared conversations breakdown silos and give New Yorkers an opportunity to get to know each other and foster unity among communities vulnerable to hate, bias, and discrimination.”

 

“The Mayor's Community Affairs Unit is eager to work with communities across the five boroughs to bring different voices together for ‘Breaking Bread, Building Bonds’ meals. In these conversations, we will find that our diversity is our strength and that we have more in common than we realize,” said CAU Commissioner Fred Kreizman. “New York City is a family of unique communities, and we will work together in a meaningful way to combat hate one meal at a time.”

 

“‘Breaking Bread, Building Bonds’ is an opportunity for New Yorkers of diverse faiths and ethnic groups to gather, engage in conversations, and better understand each other — bringing us all closer in our city,” said Office of Faith Based and Community Partnerships Executive Director Pastor Gil Monrose. “Meals have traditionally been a gathering place for people of different cultures and world views to understand each other further and create a healthy community. The Office of Faith Based and Community Partnerships will continue encouraging communities to build meaningful, healthy relationships across the boroughs through ‘Breaking Bread, Building Bonds.’”

 

“What better way to bring New Yorkers together than over food and conversation? The ‘Breaking Bread, Building Bonds’ initiative gives us all a chance to get to know our neighbors, talk through some of the most pressing issues of our time, and learn from each other,” said New York City Chief Engagement Officer Betsy MacLean. “In a time of growing division across the country, New Yorkers know that the more we connect to each other, the more we can rely on Dr. King's ‘inescapable network of mutuality’ and strengthen our ‘single garment of destiny.’ Hats off to our agency and community partners for leading the charge in this important effort.”

 

“Our country has watched New York City model solidarity and connection in moments of real need in the past,” said K. Scarry, partnerships director, Dinner Party Labs; and lead, People’s Supper. “We see this as an opportunity for New York City to model once more what it means to actively respond to isolation and fragmentation in our communities, and to tell a different story. We're excited to help New Yorkers pull up a chair for their neighbors, go deep with one another, and imagine a future together that works for all.”

 

“UJA-Federation and our non-profit partners work each day to support tens of thousands of New Yorkers from diverse backgrounds across the city,” said Eric Goldstein, CEO, UJA Federation of New York. It is crucial to the fabric of our community to create opportunities to learn more about our neighbors, and the mayor's new initiative bringing together people who would not otherwise know each other to share a meal is a wonderful endeavor, which we're delighted to support.”

 

“The Marlene Meyerson JCC Manhattan and our board of directors are proud to host the inaugural meal of Mayor Adams' Breaking Bread, Building Bonds initiative,” said Rabbi Joanna Samuels, CEO, Marlene Meyerson JCC Manhattan. “We are deeply committed to the well-being of our New York City community, and we know that coming together, centering each individual's humanity, is the best way to unite against hate. Our tradition, like so many others that thrive in this great city, finds holiness in breaking bread with both those whom we know and those who are guests at our tables.”

 

“New York City is one of the most diverse cities on the planet. At the Arab American Association of New York, we seek to celebrate and find strength in our differences — and we are excited for the Breaking Bread, Building Bonds Initiative, and the space it will create for New Yorkers to come together to learn more about each other and build solidarity across the five boroughs,” said Marwa Janini, executive director, Arab American Association of New York. “Public safety is a community practice, and AAANY will continue to advocate for programs and initiatives that invest in the health and wellbeing of our most vulnerable communities, including all targeted religious groups, immigrant and AAPI communities, people of color, the unhoused, and the LGBTQ+ community.”

 

“Breaking bread with our brothers and sisters from all communities is essential to rebuilding safety in a city that has seen more than its fair share of hate violence during the pandemic,” said Jo-Ann Yoo, executive director, Asian American Federation. “The Asian American Federation is proud to sit alongside Mayor Adams, the Office for the Prevention of Hate Crimes, and the many partner organizations that have stepped up to address the hate violence impacting so many of our vulnerable communities. May this be the first of many important conversations to ensure our communities build the bonds that will lead to a safer, more just city that we all deserve.”

 

“The mayor’s new initiative Breaking Bread, Building Bonds will allow communities that don’t often have opportunity to share space, the chance to get to know each other over a meal,” said Sean Ebony Coleman, executive director, Destination Tomorrow. “It will begin to build a bridge towards a united New York, that will only serve to strengthen its residents. Destination Tomorrow is honored to be a part of this groundbreaking project.”

 

"Only the sheer demonstration of our actions of love, will allow our communities to rise above the broken pieces of hate; We are indeed better together,” said Dr. David K. Allen, executive director, Epic Village Community Development Inc.

 

“The strength of our city is found in our diversity. New Yorkers must cultivate and respect this feature that makes us the most unique city in the world,” said Frankie Miranda, president and CEO, Hispanic Federation. “With ‘Breaking Bread, Building Bonds,’ the Adams administration is doing its part to not only combat hate, but build meaningful relationships in our community that celebrate our great diversity. Together, through this initiative, we are creating stronger and safer communities across the five boroughs.”

 

“Breaking Bread is an excellent initiative to bring together in dialogue, understanding and spirit the many diverse communities that make up our city. We urge all New Yorkers to participate in these healing and uplifting opportunities,” said Rabbi Bob Kaplan, executive director, Center for a Shared Society at the JCRC-NY.

 

Those interested in hosting a dinner or learning more about the initiative can visit www.nyc.gov/breakingbread.

 

Attorney General James Sues Google for Monopolies in Digital Advertising

 

AG James, U.S. Department of Justice, and Bipartisan Coalition of States Sue Google To Break Up Monopolies that Harm Website Publishers, Businesses, and New York Consumers

New York Attorney General Letitia James today sued Google LLC (Google), for monopolizing the digital advertising industry. Together with the United States Department of Justice (DOJ), a bipartisan coalition of eight states allege that Google has engaged in a 15-year, organized campaign so it could obtain outsized influence at all levels of the ad tech industry, and has used its power to reduce competition and innovation, harming website publishers, advertisers, and consumers. Through this lawsuit, Attorney General James, DOJ, and the coalition of states are seeking to stop Google’s anticompetitive practices and order it to sell off various ad tech tools to restore a competitive balance in digital advertising and end Google’s unfair advantage in the industry.

“New York consumers and small businesses are paying the price of Google’s actions,” said Attorney General James. “When website publishers get less ad revenue because of Google’s monopolies, they have to either lower the quality of their website, or pass on costs to consumers. I am proud to partner with the Department of Justice and fellow attorneys general in pushing back against Google’s illegal actions. I will not allow companies, no matter how large or powerful, to take advantage of New York consumers or small businesses.”

While Google is best known for its search engine, it has expanded its products to include online advertising technologies that allow website publishers to sell their available space on digital ad exchanges. Google has used its market power to dictate the terms on which publishers and advertisers may do business, prioritizing its own financial gain ahead of the quality of its products and its customers’ best interests. The ads at issue are called “display ads,” the banners and sidebars that appear at the top and margins of websites. Google built itself monopolies in three ad tech markets and is able to control nearly every aspect of these sales, extracting higher-than competitive fees at multiple stages of the transactions it handles.  

By monopolizing the components of ad tech, Google has raised advertising costs for businesses while simultaneously lowering the revenues website publishers receive for their ad space, keeping unfairly high fees for itself. This conduct hurts consumers because as publishers make less money on advertising inventory, fewer publishers are able to offer internet users content for free, without subscriptions, paywalls, or alternative forms of monetization. The components of the ad tech market, and Google’s actions to monopolize each one, include:

• The Publisher Ad Server Market: Website publishers — the content creators or owners — use a tool called a “publisher ad server” to handle the process of selecting ads to fill available ad slots when a user opens a web page. The tool rapidly evaluates potential ads from different sources and applies a set of rules to decide which ad will be displayed, considering data about the user viewing the page and bids from ad exchanges. Publishers cannot reasonably integrate with more than one such tool, and switching is cost- and resource-prohibitive. Since 2008, Google has owned the industry’s leading publisher ad server, Google Ad Manager (aka DoubleClick for Publishers, or DFP). Google restricts publishers’ power to transact with rival exchanges on their preferred terms.
• The Ad Exchange Market: An ad exchange is a software platform that receives requests to fill ad space on publishers’ web pages, and solicits bids on each impression from advertiser buying tools like ad networks. It chooses the winning bid and transmits that information to the publisher ad server. Google owns the industry’s leading ad exchange, called AdX, now packaged as part of Google Ad Manager. Google provides advantageous bidding techniques exclusively to AdX, and restricts real-time access to AdX to DFP, as part of Google Ad Manager.
• The Advertiser Ad Network Market: Advertisers receive and respond to bid requests from ad exchanges using advertiser buying tools, which include ad networks. These tools assist advertisers in connecting to ad exchanges, selecting impressions to bid on, submitting bids, and tracking campaign goals. Ad networks are tools typically used by smaller advertisers, or advertisers that must rely on the network’s targeting data to make ad buying effective. The ad network is a “black box” to advertisers, giving them little or no control over or visibility into the process by which it bids for impressions. Google offers the industry’s leading ad network, Google Ads, and makes its demand available only through AdX.

Through this lawsuit, Attorney General James, DOJ, and the coalition of states seek to restore a competitive, innovative marketplace and benefit consumers by asking the court to require Google to sell off certain key ad tech assets that it has amassed as part of its monopolization efforts. The coalition also asks the court to counter any unfair advantages that Google gained as a result of its anticompetitive conduct.

BRONX MAN INDICTED FOR SEXUALLY ABUSING CHILD AND ATTEMPTING TO RAPE HER

Defendant “Catfished” and Groomed Girl; Met Her on Snapchat When She Was 11 Years Old 

 Bronx District Attorney Darcel D. Clark today announced a Bronx man has been indicted on Attempted Rape, Criminal Sexual Act, Coercion and additional charges for coercing a girl for three years, starting when she was 11 years old, culminating in sex abuse.

 District Attorney Clark said, “The defendant, who was 23 at the time, befriended an 11- year-old girl on social media by posing as a girl her age. He acted as her friend for a year through daily messages. When they met in person and the child realized he was a man, he went on to groom her, and allegedly continued to pressure her, until he sexually abused her and attempted to rape her. His alleged predatory actions are sickening.”

 District Attorney Clark said the defendant Yves Phillipe, AKA Drew, 26, was arraigned on Endangering the Welfare of a Child, Attempted Rape in the first, second and third degree, Attempted Sexual Misconduct, second and third-degree Criminal Sexual Act, and two counts of second-degree Coercion on January 20, 2023 before Bronx Supreme Court Justice George Villegas. The defendant, who is a Level 1 sex offender after a sexual misconduct conviction in upstate New York, was remanded and is due back in court on April 17, 2023.

 According to the investigation, in 2018, the defendant sent a friend request to the victim on Snapchat, posing as a girl her age. The defendant, under that guise, continued to speak to the victim for a year on Snapchat daily and asked her about her home and school life. The child confided in the defendant and in 2019 he asked to meet in person. When they met, the victim realized she had been talking to a man; she and the defendant continued to speak daily and met in-person once a week. The defendant bought the girl food, clothes and makeup.

 According to the investigation, on February 2, 2022, the victim ran away from home and stayed with the defendant for three months. They stayed in hotel rooms, slept in his car, or snuck into his parents’ house. Phillipe allegedly consistently pressured the child to pay him back by having sex with him. He threatened to alert the police of her whereabouts. During one of their stays at a Bronx motel, the defendant attempted to rape her. The victim, who was 14 years old at the time, was able to kick him off and ran away. Shortly after, the defendant allegedly sexually abused her in the parking lot. The victim contacted a family member and returned home in April 2022.

 District Attorney Clark also thanked retired NYPD Detective Judith Moreno, NYPD Detective Joannie Colon, and NYPD Lieutenant Amy Capogna. 

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

Vitaly Borker Pleads Guilty To Defrauding Customers Of His Eyewear Websites For The Third Time

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that VITALY BORKER, the operator of “EyeglassesDepot.com” and other online retailers of purported designer eyewear, pled guilty today to one count of wire fraud in connection with a scheme to defraud customers of his websites.  BORKER pled guilty before United States District Judge Jed S. Rakoff.

U.S. Attorney Damian Williams said: “Once again, Vitaly Borker has pled guilty to crimes relating to his fraudulent operation of eyewear websites.  Borker’s plea today demonstrates this Office’s intolerance for recidivism, and we can only hope that the third time is the charm and that Borker finally learns his lesson.”

According to the previously filed Complaint and Indictment in this case and statements made in court:

Beginning in at least June 2020, after being released from federal custody and entering a Residential Reentry Center, VITALY BORKER operated an eyewear sales and repair services website called EyeglassesDepot.com.  EyeglassesDepot.com claimed, among other things, that it sold “brand new and 100% authentic designer eyeglasses and sunglasses” and that it had “thousands of pairs of glasses in stock…ready for shipping as early as TODAY.”  In truth, however, the eyewear sold to customers of EyeglassesDepot.com was often used or counterfeit.  Rather than carrying a large inventory of “brand new and 100% authentic eyewear,” EyeglassesDepot.com filled its customers’ orders by purchasing comparable items on a third-party online marketplace (the “Marketplace”).  The eyewear purchased by EyeglassesDepot.com from the Marketplace was often used or counterfeit, but EyeglassesDepot.com passed off the glasses as new and authentic.  In addition, while EyeglassesDepot.com claimed to be a “leader in the repair of sunglasses and eyeglasses” and able to “fit any eyeglasses or sunglasses with your custom prescriptions,” customers who sent eyewear to EyeglassesDepot.com either did not have their eyewear repaired at all or otherwise received unsatisfactory work.

In order to conceal his role in operating EyeglassesDepot.com, BORKER – who has twice previously been convicted in this District of crimes relating to his operation of eyewear websites – used the identities of other individuals in connection with the operation of EyeglassesDepot.com.

BORKER, 46, of Brooklyn, New York, pled guilty to one count of wire fraud, which carries a maximum sentence 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 the judge.  BORKER is scheduled to be sentenced at 10:00 a.m. on April 21, 2023, by U.S. District Judge Jed S. Rakoff.

Mr. Williams praised the outstanding investigative work of the U.S. Postal Inspection Service.

Statement Of U.S. Attorney Damian Williams On The Conviction Of Robert Hadden

 

 “Robert Hadden was a predator in a white coat.  For years, he cruelly lured women who sought professional medical care to his offices in order to gratify himself.   Hadden’s victims trusted him as a physician, only to instead become victims of his heinous predilection.   We thank and commend the brave women who came forward to tell their stories, many of whom testified at trial, to end his years-long cycle of abuse.”

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JANUARY 24, 2023

 

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

85 Statewide Deaths Reported from January 21 to January 23

 Governor Kathy Hochul today updated New Yorkers on the state's progress combatting COVID-19 and outlined basic steps they can take to protect against the spread of viral respiratory infections during the winter season.    

"As respiratory illnesses including COVID-19 continue to circulate in our state, New Yorkers should remain vigilant and continue to use all available tools to keep themselves, their loved ones and their communities safe and healthy," Governor Hochul said. "Be sure to stay up to date on vaccine doses, and test before gatherings or travel. If you test positive, talk to your doctor about potential treatment options."

Governor Hochul is urging New Yorkers to take common prevention measures — like staying up to date on vaccines and practicing proper hygiene — to protect from the flu and COVID-19 and reduce the patient burden on local hospitals. The Governor reiterated these basic steps when she updated New Yorkers on the state's winter health preparedness efforts last month. 

Recently, the New York State Department of Health announced that the XBB.1.5. variant is now the most dominant strain in New York, accounting for more than 50 percent of COVID-19 infections statewide. Emerging at a time when both COVID-19 and flu cases remain high, early data indicates that XBB.1.5. is more transmissible than other circulating variants, though there is not yet clear evidence of significant changes to virulence or severity of disease. 

The New York State Department of Health's weekly flu surveillance report for the week ending January 14, shows influenza remaining widespread throughout the state for a fifteenth consecutive week, with a total of 300,907 positive cases across all 62 counties reported to date. The report found that confirmed cases statewide dropped 50 percent, while overall hospitalizations were down 52 percent from the previous week, with the week, at 798 hospitalizations across the state.

Additionally, there were 13 outbreaks in acute care and long-term care facilities, the report determined. There were two additional pediatric deaths, leaving the total at eight statewide.

With flu season continuing and infections remaining widespread, Governor Hochul encourages all New Yorkers to get their annual flu vaccine. The flu virus and the virus that causes COVID-19 are both circulating, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system. 

The Health Department is continuing its annual public education campaign, reminding adults and parents to get both flu and COVID-19 shots for themselves and children 6 months and older. For information about flu vaccine clinics, contact the local health department or visit vaccines.gov/find-vaccines/. 

Governor Hochul also continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters. Last month, the New York State Department of Health announced new guidance for bivalent COVID-19 booster doses, which are now available for eligible children down to 6 months of age. 

The updated boosters are the first to be targeted to the original virus strain and recently circulating variants and are recommended for young New Yorkers and all those eligible. 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. 

Today's data is summarized briefly below:  

• Cases Per 100k - 14.66
• 7-Day Average Cases Per 100k - 17.84
• Test Results Reported - 37,107
• Total Positive - 2,865
• Percent Positive - 7.22%**
• 7-Day Average Percent Positive - 6.53%**
• Patient Hospitalization - 3,138 (-35)
• Patients Newly Admitted - 1,037*
• Patients in ICU - 306 (-31)
• Patients in ICU with Intubation - 113 (-17)
• Total Discharges - 392,881 (+932)*
• New deaths reported by healthcare facilities through HERDS - 85*
• Total deaths reported by healthcare facilities through HERDS - 61,142*

** Due to the test reporting policy change by the federal Department of Health and Human Services 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 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 - 77,716

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,   January   21, 2023	Sunday,   January   22, 2023	Monday,   January   23, 2023
Bronx	7.12%	6.99%	7.13%
Kings	5.08%	4.97%	4.95%
New York	6.01%	5.89%	5.78%
Queens	7.08%	6.92%	6.65%
Richmond	5.98%	5.70%	5.73%