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

 

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

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

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

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

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

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

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

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

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

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

State Senator Gustavo Rivera on the 2023-2024 New York State Budget

 

State Senator Gustavo Rivera joined his colleagues in the Senate Majority to vote for the 10 bills of the 2023-2024 New York State Budget. Senator Rivera voted in favor of all bills, including Aid to Localities, Debt Service, Revenue, Capital Projects, State Operations, Legislature and Judiciary, Transportation, Economic Development and Environmental Conservation (TEDE), Public Protection and General Government (PPGG), Education, Labor, and Family Assistance (ELFA), and Health and Mental Hygiene (HMH).

BUDGET OVERVIEW

“This budget represents the best agreement we could get due to the Governor’s intransigence. Unfortunately, this is a budget of lost opportunities. I am very grateful to Majority Leader Stewart-Cousins and our entire Democratic Conference for fighting to reduce the harm that many of the Executive proposals would have caused. In the short time that we have left this session, I know that our conference will focus on addressing the concerns of working-class New Yorkers that were not addressed by the Governor’s misguided priorities.

Instead of directly addressing the severe affordability crisis facing millions of New Yorkers, the Governor prioritized proposals that serve wealthy and powerful interests. Housing costs are the driving factor in the rising cost of living across our state, so we must take action to create an affordable housing market where homeownership is accessible and renters have stability. Yet, Good Cause Eviction was discarded, the minimum wage increase proposal needed by so many was watered down, and the resounding call to tax billionaires and corporations went ignored.

Holding the line on the issues that New Yorkers care the most about does not end with this budget. The Bronx sent me to Albany to advance policies that will keep them in affordable homes, provide services that make our communities safer, and ensure healthcare and stability for every New Yorker. I will remain relentless in fighting for proven solutions and governing in the interest of my neighbors and community."

HEALTH

"After a decade of austerity in the health budget, we could and should have done more to ensure the long-term financial stability of struggling healthcare institutions, particularly our safety net hospitals and community-based health centers. This budget does begin to address the needs of struggling healthcare institutions by implementing historic Medicaid reimbursement rate increases for hospitals, nursing homes, and assisted living facilities, but we must do more.

Another positive development is that amidst a maternal mortality emergency, I’m thrilled we will provide Medicaid coverage for doulas, who make an undeniable impact in keeping pregnant New Yorkers healthy through birth.

The failings of this part of the budget are largely in what was not included. It is as confounding as it is upsetting that my Coverage For All proposal was excluded. New York would have saved $400 million by offering health coverage to 240,000 New Yorkers for essential care instead of being forced to depend solely on emergency care. The administration’s decision not to seek federal funds to cover this population is not only devastating for immigrant New Yorkers, but fiscally irresponsible.

I am dismayed that the Governor decided to move forward with the pharmacy carve out and refused to explore my proposed compromise bill that would have safeguarded our 340B safety-net providers and their vulnerable patients, protected pharmacies financially, and regulated Pharmacy Benefit Managers (PBMs). Additionally, the Governor failed to take the actions necessary to address operational concerns connected to her 340B plan which has already led to reduced healthcare services in our communities. I also find it particularly distressing that the Governor flagrantly disregarded recommendations by the Opioid Settlement Fund (OSF) Board, by choosing to solely direct money to Office of Addiction Services and Supports rather than the Department of Health, the agency that oversees successful harm reduction and public health programs for people who use drugs. If the Governor is serious about ending an overdose epidemic that is deadlier than ever, she will work with us to direct settlement funds to proven harm reduction programs in the neighborhoods that need them."

THE BIG UGLY

"We pushed back against the Governor’s outlandish proposal to eliminate the cap on New York City charter schools and allowed the reauthorization of only 14 zombie charters. I’m proud that we worked to maintain Foundation Aid funding for our public schools and won millions for school meals and capital funding for libraries. We must continue to push back on the Executive’s attempts to run two education systems instead of investing in the quality public system that most families rely on.

It is short-sighted, but not surprising, that the Governor made another attempt to reform bail laws to further criminalize poverty instead of focusing on the services and economic justice we need for safer communities. As leaders, we should focus on living wages, affordable housing, healthcare, and violence intervention programs that prevent crime, as opposed to relenting to fearmongering and misinformation.”

ENVIRONMENTAL JUSTICE

"The New York State Climate Justice Working Group recently finalized criteria for disadvantaged communities that will be the first to benefit from the historic Climate Leadership and Community Protection Act (CLCPA) and almost every community I represent in the Bronx meets this criteria. That’s why I fight for policies and programs that support a green economy and combat the health inequities exacerbated by environmental injustice.

This budget includes bold policies to combat climate change, address environmental justice, and reduce emissions. We won major concessions to include the Build Public Renewables Act with real teeth and advance the All-Electric Buildings Act, creating historic pathways for our state to meet the CLCPA goals of zero-emission electricity while ensuring that labor and environmental justice communities have a seat at the table. We’ll also enact a cap-and-invest program that will take emitters to task. I’m proud to be part of a Senate Majority that is committed to implementing policies that will set an example for the nation on investing in clean, sustainable energy infrastructure."

SENATE DISTRICT 33

"This budget allocates funding for many local initiatives and organizations serving my Bronx constituents including gun violence prevention programs, legal services for vulnerable communities, and landmark cultural institutions.”

District Funding Highlights:

•   $135,000 for Housing Court Answers
•   $290,000 for Mobilization for Justice
•   $250,000 for Bronx Legal Services
•   $15 million in additional funding for legal representation for tenants for a total of $50 million.
•   $140,000 for the Hope Program (Sustainable South Bronx).
•   $140,000 for Kingsbridge Riverdale Van Cortland Development Corporation.
•   Increases $20 million for institutions including the New York Botanical Garden and Bronx Zoo.
•   $1.5 million for additional gun violence prevention grants.
•   Reappropriates $100.5 million exclusively for the development of the Kingsbridge Armory.

State Comptroller Thomas P. DiNapoli Statement on State Budget for SFY 2023-24

 

"The state budget makes important investments in education and health care, including mental health care, and provides significant, recurring funding to the MTA that will help close budget gaps. The Governor has stated that reserves will equal 15% of State Operating Funds, consistent with recommendations I have long advocated. The budget also makes statutory changes that increase the allowable deposits and balances of the state's rainy day reserves. The state should put this authority to use by relying more on statutory, rather than informal, reserves. This will help New York catch up with other states in preparing for economic and budgetary risks.

"With an end to federal pandemic aid approaching and the possibility of an economic downturn, it is unclear how recurring obligations will match recurring revenue in the years ahead, which could mean outyear budget gaps that put future funding of critical programs in jeopardy. There is still too much spending through lump sums without details, and the budget still lacks much needed transparency. Provisions were included that appear to exempt approximately $5 billion from Comptroller oversight. There is also a significant increase in capital projects funding which will place more burden on the state’s remaining debt capacity and New York's already high debt levels.  

"My office will review the final enacted budget and release an analysis in the coming weeks."

Governor Hochul Signs Legislation to Curb the Illicit Cannabis Market in New York State as Part of the FY 2024 Budget

New Laws Empower the Office of Cannabis Management and the Department of Taxation and Finance to Take Actions Against Unlicensed Dispensaries

Penalties Include Fines of Up to $20,000 Per Day

OCM May Seize Product and Seek Injunctions to Close Illicit Shops; DTF May Issue Fines and Penalties for Unpaid Taxes

 Governor Kathy Hochul today signed new legislation to increase civil and tax penalties for the unlicensed and illicit sale of cannabis in New York as part of the FY 2024 Budget. The legislation, first proposed by the Governor in March, provides additional enforcement power to the Office of Cannabis Management and the Department of Taxation and Finance to enforce the new regulatory requirements and close stores engaged in the illegal sale of cannabis.

"As New York State continues to roll out a nation-leading model to establish its cannabis industry, these critical enforcement measures will protect New Yorkers from illicit, unregulated sales," Governor Hochul said. "Unlicensed dispensaries violate our laws, put public health at risk, and undermine the legal cannabis market. With these enforcement tools, we're paving the way for safer products, reinvestment in communities that endured years of disproportionate enforcement, and greater opportunities for New Yorkers."

The legislation empowers the Office of Cannabis Management and the Department of Taxation and Finance to curb the sale and/or gifting of cannabis from unlicensed storefronts and trucks across New York State. Specifically, this change to state law will allow the Office of Cannabis Management to assess civil penalties against unlicensed cannabis businesses that would undercut their efforts, with fines of up to $20,000 a day for the most egregious conduct. This legislation also makes it a crime to sell cannabis and cannabis products without a license.

Additionally, this legislation will bolster the Office of Cannabis Management's ability to conduct regulatory inspections of businesses selling cannabis and cannabis products, as well as businesses that sell and give away cannabis and cannabis products in indirect ways, such as so-called "sticker shops." The Office of Cannabis Management will seize untested cannabis and cannabis products from unlicensed businesses, and will seek court-orders, closing orders, and removal of commercial tenants who are selling cannabis and cannabis products without the appropriate license.

The Department of Taxation and Finance will now be able to conduct regulatory inspections of businesses selling cannabis to determine if appropriate taxes have been paid and will be able to levy civil penalties in cases where appropriate taxes have not been paid. The legislation also establishes a new tax fraud crime for businesses that willfully fail to collect or remit required cannabis taxes, or knowingly possess for sale any cannabis on which tax was required to be paid but was not.

Office of Cannabis Management Executive Director Chris Alexander said, "Today, the State took a necessary step to protect the public health of New Yorkers and to support our state's growing cannabis industry. I appreciate Governor Kathy Hochul, Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie for demonstrating their commitment to establishing the most equitable cannabis market in the nation. Today's legislation will further those goals by giving the Office of Cannabis Management real power to shut down businesses trying to flout our laws and ensure that communities who were promised reinvestment dollars are not shortchanged."

New York State Acting Commissioner of Taxation and Finance Amanda Hiller said, "Strengthening tax laws as they pertain to the cannabis industry and providing for robust and fair enforcement will help the industry to be successful over the long term."

OCM has awarded 165 licenses to date with more to be awarded this month at the Cannabis Control Board meeting. There are currently eight successful dispensaries and one delivery operation in the State, including non-profits, entrepreneurs and a woman-owned business in Manhattan and Queens, entrepreneurs in Ithaca and Schenectady, a non-profit in Binghamton and the state's first delivery business in Albany, with more dispensaries to open in the coming weeks and months. All regulated, licensed dispensaries must post the Dispensary Verification Tool near their main entrance.

On April 18, Governor Hochul announced the launch of "Why Buy Legal New York" to promote safer, informed, legal purchases of cannabis from licensed dispensaries in New York State. This public education campaign provides information on how to find legal dispensaries in New York and tips on how to consume cannabis safely. Materials are available at: cannabis.ny.gov/consumers. 

VNNA Candidates Night 13th Council District

 

VNNA Candidates Night 13th Council District

By Robert Press

The Van Nest Neighborhood Alliance held a candidates night for the hotly contested 13th City Council race. Currently there are seven candidates ruled on the ballot by the New York City Board of Elections. Four candidates will face off in the  Democratic primary, while three candidates will face off in the Republican primary, and there is also a primary in the Conservative Party of two or three candidates in the Republican primary that will be decided in court. 

Interim Acting President of the VNNA Sharlene Jackson Mendez conducted the candidates night since the President of the VNNA Bernadette Ferrera was forced to take a leave of absence  according to the VNNA by-laws that state any officer must take a leave of absence to run for public office. 

Only four of the seven candidates attended the VNNA Candidates Night, Democrats John Perez and Irene Estrada, and Republicans Kristy Marmorato and George Havranek. Incumbent Democratic Councilwoman Marjorie Velazquez, Democratic candidate and President of the VNNA Bernadette Ferrara, and Republican candidate Hasime Samantha Zherka were no shows to the VNNA candidates night. All candidates should show up to let the people know what they have done if they are the incumbent as to why the voters should re-elect them, and all challengers showing up to say why they are better candidates than the current Council member and why voters should vote for them.

The two hour long candidates night included introductions by each candidate present, questions from the Acting Interim President Jackson Mendez to the candidates on a wide range of topics of concern to the Van Nest community which included Public Safety, Public Charter and Parochial  school education, the condition of NYCHA buildings in the 13th Council District, and questions from the audience which were geared to the Van Nest community. The answers to the questions were basically the same from the candidates with the often I agree with what that candidate said with a minor difference here or there.  

Opening statements from the candidates were, Irene Estrada of her work with the Clergy Coalition, and that she was against 1900 Seminole Avenue, and that past Republican Mayoral candidate Curtis Sliwa was supporting her. George Havranek mentioned that he ran sports programs, is the President of the Spencer Estates Homeowners, he was a member of Community Board 10 and was not reappointed to the board for opposing the Bruckner Upzoning. Kristy Marmorato said that she grew up in Throggs Neck and Pelham Bay and now lives in Morris Park, She is a wife, mother of a six year old child, has two elderly parents in the district, and works in the Health Care industry. John Perez that he is not shy to stand up for what is right, he wants to help those who can't help themselves, the assault on the Bronx cannot be done by one community  but that it must be a team effort and that his U.S. Army experience as a team leader will make it work for the district.  

(L - R) Candidates present at the VNNA Candidates Night, Democrat John Perez, Republican George Havranek, Republican Kristy Marmorato, and Democrat Irene Estrada. 

VNNA Acting Interim President Sharlene Jackson Mendez reads a question to the candidates that were present. VNNA Secretary Marion Manfredi is also in the photo seated on the right.

Candidate John Perez as he gives his opening statement.

Candidate Kristy Marmorato giving her opening speech.

Candidate George Havranek giving his opening speech. There is no photo of candidate Irene Estrada giving her opening speech.  

MAYOR ADAMS DELIVERS REMARKS AT NYPD’S WALL OF HEROES MEMORIAL

 

Mayor Eric Adams: Thank you, police commissioner, for your words that really gather us all together as we mourn brothers and sisters who we lost in the line of duty. There are many things that we would experience as the leader of the finest Police Department on the globe, as the mayor of the greatest city. But I can never forget the night commissioner and I responded to the hospital after losing Mora and Rivera. I think about that over and over again, watching a family witness their entire lives change instantly and just hearing the cries and the tears that we've heard so often, "Please, God. Tell us it's not true," just to find out that our reality shifted.

 

And we often forget that even when the bullet hits the physical body it doesn't stop tearing apart the anatomy of our spirit in our communities. This families continue to feel the pain and those who know both Officer Mora and Rivera lived through the thoughts every birthday, every holiday. Every time they hear the name or every time they hear a siren, they think about it over and over again.

 

And to the family members we lost during 9/11, the building is rebuilt, but we find it challenging to rebuild our lives. We have to always reflect on the promises that were lost when thousands of our fellow New Yorkers were prematurely taken from us. Today's ceremony is our way of stating, "We will never forget." But I hope it was not lost on you, as each fraternal organization was mentioned, the diversity of the various men and women who came from different countries to pursue this great experiment of democracy we call the American dream. And the only way we can fortify that dream is to find men and women who embraced the noble profession of public protection. The tree of freedom we sit under is watered oftentimes with their blood and bravery.

 

We cannot say thank you enough. I think about Officer Wenjian Lu and Officer Ramos and so many of our other brothers and sisters. Saturday, I saw January. January was the daughter of Officer Robert Venable, a close and dear friend of mine. She was a baby at the time that someone took her life. She's now a grown woman with a child and she still feels the pain that many of us feel in the loss of Robert and so many others.

 

We have an obligation to make sure we are with the men and women who are front part of our law enforcement communities. I am of you. I proudly wore that uniform for 22 years and wore the bulletproof vest and protected the children and families of our city, and I'm committed to doing it as the mayor of the City of New York. Every day, I'm on that beat with you. Every day, I'm still answering the 911 calls of service. I know there are people out there that want to bring harm to the innocent people of this city. That is not going to happen as long as we have the NYPD.

 

God bless you, the family members, as you seek some form of understanding during these challenging times, and your faces and your presence here today to lean on your brothers and sisters who have joined an unfortunate membership and to those who have lost their loved ones in a line of duty. They served us well and they will never be forgotten. We will continue to lift them up and lift you up in prayer. God bless the NYPD. God bless America. God bless our city. Thank you.

Bronx Borough President Vanessa L. Gibson - Community Resources & Updates

 

Dear Neighbor,

 

Thank you for joining us for another week in review.

 

We have so many exciting things coming up! As we gear up for our Bronx Week celebration, we want to invite you to our upcoming events. We are making Borough Hall history with the first-ever Cinco de Mayo event to be hosted at 851 Grand Concourse on Wednesday, May 3rd at 2:30PM! We are also calling all faith leaders and believers to join us in prayer and ministry for our National Day of Prayer on May 4th from 12PM - 2PM at Lou Gehrig Plaza. Afterwards, we will be celebrating Bronx Dominican Heritage during akick-off event for the 41st anniversary of the National Dominican Day Parade from 6PM - 8PM; and don't forget to get your free health screenings at our MBK Health Fair on May 4th at 5PM - 8PM! For more information about our upcoming events, click here. We hope to see you there!

Lastly, in anticipation of Prom season, we will be collecting prom dresses and suits for our Prom Dress and Suit Giveaway taking place Friday, May 19th at Borough Hall. We hope you can help make this Prom season magical for our Bronx high school seniors. To register for the giveaway, click here.

As always, if you have any questions or concerns, please do not hesitate to contact our office at 718-590-3500 or email us at webmail@bronxbp.nyc.gov.

 

In partnership,

Bronx Borough President Vanessa L. Gibson

IN THE COMMUNITY We hosted our NYCHA Tenant Leaders Brunch in celebration of our  leaders and all of the work that they do on a daily basis. Thank you for joining us and thank you for your commitment to our  Bronx NYCHA residents. Thank you to everyone who joined us for our Job Fair! We are glad to have been able to connect Bronxites with diverse job  opportunities. We were able to connect 500+ Bronxites to more than  34 businesses! Thank you to our business partners and the NYS Department of  Labor for working with us to bring this to fruition. For Denim Day, the Office of the Bronx Borough President wore  denim in honor of survivors of sexual assault. The history of Denim Day goes all the way back to the summer  of 1998 in Italy when the Italian High Court overturned a sentence  in a rape case. The court maintained that, because the victim was  wearing tight jeans that could only be taken off with her help, the  act was consensual. The appeal sparked outrage. The next day, Italian women wore  jeans to protest the absurdity of the overturned sentence. Today and everyday, we stand with our survivors. Your clothing  is never an invitation for violence, and we will continue to hold  perpetrators accountable. Thank you for your courage.

Bronx Man Charged With Mid-Afternoon Shooting On Crowded Manhattan Sidewalk

 

 Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced that MICHAEL ROWE, a/k/a “MJ,” was charged with being a felon in possession of ammunition during a shooting that occurred on Saturday afternoon, April 29, 2023, on a crowded sidewalk near 46th Street and Ninth Avenue in Manhattan.  ROWE surrendered and was presented today before United States Magistrate Judge Stewart D. Aaron.    

U.S. Attorney Damian Williams said: “As alleged, this past Saturday afternoon, Michael Rowe opened fire on a busy sidewalk in Hell’s Kitchen, endangering the life of his intended victim and the lives of countless bystanders.  Thanks to the swift action of our law enforcement partners, the defendant is now being held accountable for his actions.”

FBI Assistant Director in Charge Michael J. Driscoll said: "Rowe's alleged actions endangered numerous innocent people simply attempting to live their lives safely - something we all should feel free to do.  The charges today should serve as a warning to any individual willing to settle arguments in a similar fashion - the FBI and our partners in law enforcement will hold you accountable in the criminal justice system."

NYPD Commissioner Keechant L. Sewell said: “The NYPD will never relent in our fight against gun violence in our city.  And anyone who threatens our public safety with such reckless behavior must be held accountable to the fullest extent of the law.  This work is critically important, and I want to thank the U.S. Attorney’s Office for the Southern District of New York, the New York Field Office of the FBI, and everyone else who aided in this arrest.”

According to the allegations contained in the Complaint:[1]

On or about April 29, 2023, MICHAEL ROWE got into a disagreement with another individual on the sidewalk in the vicinity of 650 Ninth Avenue in Manhattan.  Video footage from the scene reveals ROWE appearing to express annoyance and then brandishing a firearm on the crowded sidewalk and shooting at the other individual.  Screenshots of video footage showing the argument and ROWE’s subsequent shooting of the individual are below:

 

A discharged shell casing was recovered from the ground at the scene of the shooting. ROWE was not permitted to possess ammunition because of prior state and federal felony convictions.

MICHAEL ROWE, 23, of the Bronx, New York, is charged with possessing ammunition after a felony conviction, which carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of life in prison.

The statutory minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Williams praised the outstanding work of the FBI and the NYPD.  Mr. Williams also thanked the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New York County District Attorney’s Office for their assistance in this case.

This case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant U.S. Attorneys Frank Balsamello, Peter Davis, and Jamie Bagliebter are in charge of the prosecution.

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

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