Queens Pharmacy Operator Charged With Obstruction Of Justice For Sending Powder Cocaine To DEA Investigator’s Home

 

 Audrey Strauss, Acting United States Attorney for the Southern District of New York, Raymond P. Donovan, Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced today that DIMITRIOS LYMBERATOS, the operator of a Queens pharmacy, has been charged with obstruction of justice for arranging for a package containing white powder, later identified as cocaine, to be sent to the home address of a DEA Diversion Investigator who was investigating LYMBERATOS’s pharmacy.  LYMBERATOS surrendered to the DEA this morning and will be presented before United States Magistrate Judge Barbara Moses in Manhattan federal court later today.

Acting U.S. Attorney Audrey Strauss said:  “When Dimitrios Lymberatos learned his pharmacy was under investigation by the DEA, he allegedly took sinister action against a Diversion Investigator assigned to his case.  Lymberatos allegedly sought to interfere with the investigation through intimidation, by sending cocaine to the Investigator’s home, potentially causing physical harm.  Lymberatos’s misguided message was received loud and clear – and he now faces the possibility of a lengthy prison term for his potentially harmful attempt to obstruct law enforcement.”

DEA Special Agent in Charge Raymond P. Donovan said:  “Today’s arrest is another example to the public that DEA Registrants can set out to do harm with ill intent.  One of our own Diversion Investigators was allegedly targeted simply for doing their job, and as such, Mr. Lymberatos’s alleged actions as a pharmacist and licensed professional were completely unconscionable.  Thankfully, due to the diligent work of our Tactical Diversion Squads, he will be brought to justice.” 

NYPD Commissioner Dermot Shea said:  “I want to commend the officers, detectives, federal agents, and prosecutors who worked together to investigate the dangerous acts alleged in these charges.”

According to the allegations in the Complaint unsealed today[1]:

LYMBERATOS is the operator of a pharmacy in Queens, New York.  Beginning in or about November 2019, the DEA, led by a DEA Diversion Investigator, conducted an overt regulatory investigation into the pharmacy, which had the effect of delaying the issuance of the pharmacy’s registration to dispense controlled substances.  LYMBERATOS responded to the investigation of his pharmacy by taking steps to obstruct the investigation, including hiring a private investigator to obtain the Diversion Investigator’s home address, and then causing to be mailed to the Diversion Investigator’s home a greeting card containing a white powdery substance, which law enforcement later determined to be cocaine.  Upon receiving the package with white powder, the Diversion Investigator immediately notified law enforcement, which responded to the scene, and the Diversion Investigator was taken to the hospital for toxicology screening.  LYMBERATOS caused the package to be sent to the Diversion Investigator in order to interfere with and obstruct the pending investigation into his pharmacy by threatening the Diversion Investigator, deliberately causing the Diversion Investigator to fear for her physical safety, and seeking to create trouble for the Diversion Investigator by causing her to come into possession of an illegal controlled substance. 

LYMBERATOS, 34, of Queens, New York, is charged with one count of obstruction of justice and one count of conspiracy to obstruct justice.  Each charge carries a maximum penalty of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. 

Ms. Strauss praised the outstanding investigative work of the DEA’s New York Tactical Diversion Squad, which comprises agents and officers from the DEA, the New York City Police Department, the New York State Police, New York State Department of Financial Services, New York National Guard, New York City Department of Investigation, and New York State Department of Health Bureau of Narcotics Enforcement.  Ms. Strauss also praised the outstanding work of the Organized Crime Drug Enforcement Task Force (“OCDETF”) New York Strike Force Tactical Diversion Squad.  The OCDETF New York Strike Force is a crime-fighting unit comprising federal, state, and local law enforcement agencies supported by the Organized Crime Drug Enforcement Task Force and the New York/New Jersey High Intensity Drug Trafficking Area.  The Strike Force is affiliated with the DEA’s New York Division and includes agents and officers of the DEA, New York City Police Department, New York State Police, Homeland Security Investigations, U.S. Internal Revenue Service Criminal Investigation Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection, U.S. Secret Service, U.S. Marshals Service, New York National Guard, Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision.

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.

Attorney General James Charges Bronx Clinic Owner With Stealing More Than $4 Million From New York Taxpayers

 

Leslie Montgomery Allegedly Offered Fraudulent Affordable Housing to Scam Low-Income New Yorkers Into Revealing Their Personal Identifying Information 

  Attorney General Letitia James today announced charges against Leslie Montgomery, 49, of the Bronx and her healthcare clinic, Healthy Living Community Center (Healthy Living), for defrauding the New York State Medicaid program by submitting false claims to Medicaid and to MetroPlus, a Medicaid-funded managed care organization (MCO), for customized back braces. Montgomery and Healthy Living allegedly pocketed more than $4 million from the illegal scheme that involved tricking New Yorkers into divulging personal information under the false pretense of applying for affordable housing. Montgomery is charged in the New York City Criminal Court, Bronx County, with Grand Larceny in the First Degree and Identity Theft in the First Degree.

“Using affordable housing as a pretense for Medicaid theft is reprehensible,” said Attorney General James. “My office will do everything in our power to stop New Yorkers in need of housing assistance from being left in the lurch and having their information be unwittingly used for theft from New York taxpayers.”

The Attorney General’s Medicaid Fraud Control Unit (“MFCU”) alleges that Montgomery regularly advertised online a housing assistance program as a ruse to lure Medicaid recipients to Healthy Living, where they had to divulge their personal Medicaid information in order to “qualify for the program.” There was no legitimate housing assistance program, prosecutors contend, and there was no housing provided to those individuals who responded to the advertisements. 

Instead, Montgomery allegedly stole their personal information to submit false claims to Medicaid for highly specialized, custom-molded back braces. Almost every single Healthy Living recipient had back braces billed in their name. None, allegedly, received custom-molded back braces. In some instances, Montgomery provided a $20 “off-the-shelf” back brace mailed directly from Amazon to the recipient. Other times, she provided nothing at all, yet she billed Medicaid between $750 and $1,550 per back brace. 

Relying on the accuracy of claims submitted by Montgomery and Healthy Living, the Office of Attorney General (OAG) alleges that Medicaid-funded MCOs, such as MetroPlus, paid more than $4 million to Montgomery, directly and through Health Living. 

In papers filed today, Montgomery was charged with Grand Larceny in the First Degree, a Class B felony, and Identity Theft in the First Degree, a Class D felony. Grand Larceny in the First Degree carries a maximum sentence of incarceration of twenty-five years. 

Montgomery was arraigned earlier today in New York City Criminal Court, Bronx County before the Honorable Jeffrey Zimmerman where she was released under the conditions that she surrenders her passport, waives extradition, and restricts travel to within New York state. 

The charges against the defendant are accusations, and the defendants are presumed innocent unless, and until, proven guilty in a court of law. The Attorney General would like to thank the New York State Department of Health, Office of the Medicaid Inspector General, and the MCO MetroPlus for their assistance and cooperation in this investigation.  

MFCU’s investigation was led by Investigator Shavaun Clawson with the assistance of Supervising Investigator James Briscoe, under the supervision of Deputy Chief Investigator Kenneth Morgan. The underlying financial audit was completed by Senior Auditor Investigator Ying Tuo with the assistance of NYC Regional Deputy Chief Auditor Jonathan Romano and NYC Regional Chief Auditor Thomasina Smith. Also assisting in the investigation were Legal Assistants Nicholas Matthews and Victoria Sepe and Data Scientist Si Lok Chao.

Reporting Medicaid Provider Fraud: The Medicaid Fraud Control Unit of the Office of the New York State Attorney General enforces laws that protect the public fisc by addressing Medicaid provider fraud and that protect nursing home residents from abuse and neglect. If an individual believes they have information about Medicaid provider fraud or about an incident of abuse or neglect of a nursing home resident, they can file a confidential complaint online on the OAG website at https://ag.ny.gov/nursinghomes, or by calling the MFCU hotline at 212-417-5397. If the situation is an emergency, please call 911.

MFCU receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $60,071,905 for Federal fiscal year (FY) 2019-20, of which $45,053,932 is federally funded. The remaining 25 percent of the approved grant, totaling $15,017,973 for FY 2019-20, is funded by New York state. Through MFCU’s recoveries in law enforcement actions, MFCU regularly returns more to the state than it receives in state funding.

RECOVERY AGENDA: NEW YORK CITY DELIVERS ON ‘BETTER BUSES’ PROMISE, ADDS BIKE IMPROVEMENTS IN SOUTH BRONX

 

149^th Street bus priority project includes Transit Signal Priority and serves 55,000 passengers daily; new bus-lane enforcement cameras also installed; 60-day warning period for drivers starting today

 

Bronx celebrates almost 100,000 Citi Bike rides since spring at 100 stations

 Mayor Bill de Blasio announced major bus and bike improvements in the Bronx today, furthering his record-setting Better Buses Restart plan and continuing to deliver on his recovery agenda to make New York City the world’s capital for healthy outdoor living. Bus improvements along 149^th Street, which will serve 55,000 daily passengers, include 2.7 miles of offset bus lanes from Southern Boulevard to River Avenue. The Mayor and Lyft also announced that Bronx cyclists have logged nearly 100,000 Citi Bike trips to and from over 100 newly installed docks since installation began this spring.

 

The 149^th Street corridor carries four bus routes (Bx2, Bx4, Bx17, and Bx19) that connect to ten subway lines across the Bronx and Manhattan, as well as major destinations such as Hostos Community College, Lincoln Medical Center, and The Hub. 149^th Street, where Transit-Signal Priority (TSP) and bus-lane enforcement cameras are now active, is the fourth bus-priority project completed since the Mayor announced the Better Buses Restart plan this June.

 

“The Bronx deserves faster and more reliable transit options. From faster buses to more bike infrastructure, we’re determined to use this crisis to deliver it,” said Mayor Bill de Blasio. “College students at Hostos, health care heroes at Lincoln, and New Yorkers who want access to everything the Bronx has to offer now have better and healthier ways to move around – and we’re excited to continue expanding transit options in the future.”

 

“These needed transit improvements will impact tens of thousands in the South Bronx and make it easier for New Yorkers to get to work or school while reducing congestion,” said Deputy Mayor Laura Anglin. “As we continue to recover from this terrible pandemic we will rebuild this city through some of the hard lessons we learned – and a key part of that includes expanding safe and reliable public transit options.”

 

“As New York City continues to emerge from the most difficult days of COVID-19, our commitment to giving New Yorkers a variety of safe and reliable transportation options remain. Buses and bikes have played a critical role in keeping us moving — both in communities hit hard from the pandemic and by essential front-line workers,” said DOT Commissioner Polly Trottenberg. “Better bike and bus options are especially important on critical east-west arteries like 149^th Street. We thank our partners at Lyft and the MTA, and look forward to our continued work with them in getting these transformational changes implemented and expanded throughout the city.”

 

"We know that the key to effective bus service is well enforced bus priority," said Craig Cipriano, MTA Bus Company President and NYC Transit SVP for Buses. "Buses in the 149 Street corridor are among the slowest in the city, but that won't be the case anymore. Opening new bus lanes is one of the most exciting parts of my job and I commend DOT for being great partners as tens of thousands of Bronx riders are about to experience the power of bus priority."

 

“NYC Health + Hospitals celebrates the launch of the 149th Street Better Buses Restart bus lane project, which supports public health and significantly enhances transportation for our patients and employees," said NYC Health + Hospitals President and CEO Dr. Mitchell Katz. "I want to thank Department of Transportation Commissioner Polly Trottenberg, MTA President Sarah Feinberg, and Lyft, for their commitment to a re-envisioned 149th Street."

 

149^th Street Bus Priority:

Priority bus improvements include the installation of red painted offset bus lanes, pedestrian islands, turn bays, and loading zones. Together, these tools work to relieve major issues such as congestion, slow bus speeds, double parking, and unsafe weaving and merging. Previous congestion on 149^th Street resulted in buses moving at walking speed or slower most of the day, about 4 mph, causing backups across the entire route, sending buses off schedule or causing them to arrive two or three at a time.

 

Transit Signal Priority (TSP) and Bus-Lane Cameras: 

Agency officials announced that Transit Signal Priority had been activated along the 149th Street corridor, further helping improve travel times: under TSP, communication between the buses and traffic signals holds green lights longer and shortens the time buses spend at red lights. DOT has worked with MTA to install this technology at over 1,350 intersections throughout the city, with the pace increasing in 2020: since the beginning of the year, over 460 intersections on 14 different corridors have received this treatment, exceeding DOT’s Better Buses goal of 300 intersections per year and 1,200 intersections by the end of 2020.

 

Bus lane enforcement cameras have been installed along 149^th Street. Starting today, drivers will receive bus-lane violation warnings for the next 60 days. Under a state law passed last year, bus-lane camera violations begin at $50 and can escalate to as high as $250 for the fifth violation in a one-year period.

 

Better Buses Restart:

DOT continues to deliver on the mayor’s record-setting Better Buses Restart plan, which aims to increase bus speeds and reliability along major corridors in all five boroughs. The agency has also continued implementing bus priority projects throughout the city, including Jay Street in Brooklyn, 14^th Street extension in Manhattan and Hylan Boulevard on Staten Island, totaling 9.1 miles to date, already nearly matching DOT’s 2019 total of 10.7 miles of bus lanes. 

 

Citi Bike in the Bronx:

In 2019, at Bronx Borough Hall, New York City announced Citi Bike’s expansion of its docks into all of Manhattan, deeper into Queens and Brooklyn, and into the Bronx for the first time. To date, the borough now has 110 stations, stretching from the South Bronx up to the Cross Bronx Expressway, and University Avenue to Southern Boulevard.  So far this year, cyclists have already logged nearly 100,000 trips to and from the Bronx.  DOT continues to work with Citi Bike’s parent company, Lyft, on the Phase 3 expansion expected to cover most of the borough within three years.

 

“The expansion of alternative transportation and increasing public transportation in all areas of The Bronx has been an essential focus during my tenure, including working to connect our borough to the Citi Bike network,” said Bronx Borough President Ruben Diaz Jr. “The announcement of bike and bus improvements along 149th street is an important milestone for our borough as we make sure our residents have access to safe ways of getting around The Bronx, particularly healthcare workers who are on the front lines of the COVID-19 crisis. I want to thank the New York City Department of Transportation and MTA for their partnership, as well as Lyft for continuing to invest in The Bronx. I look forward to working with elected officials and community members as this program forges ahead with Citi Bike’s expansion in The Bronx."

 

Attorney General James Busts Drug Trafficking Operation for Distributing Heroin, Fentanyl, and Cocaine in the Capital Region

 

Seizes 7 Kilograms of Cocaine, 70 Grams of Heroin, 120 Grams of Fentanyl, Dozens of Narcotic Pills

 New York Attorney General Letitia James today announced the indictment of individuals involved in a drug trafficking ring operating in Saratoga, Albany, Rensselaer, Schenectady, and Warren Counties, and was sourced by New York City dealers. The network of dealers was distributing heroin laced with fentanyl, and in some cases straight fentanyl that they were calling heroin, as well as powder and crack cocaine and illegal prescription pills. The 303-count indictment was unsealed today in Saratoga County Supreme Court.

“We will pursue and prosecute all those who peddle illicit drugs and put New Yorkers in harm’s way for personal profit,” said Attorney General James. “Communities across New York are safer today for having shut down this vast network of distributors and traffickers of illicit drugs. My office will remain vigilant about bringing these offenders to justice, and we are grateful to our other partners in law enforcement for their assistance.”

“Drug dealers do not limit their illegal activities to specific jurisdictions, and we have shown by this collaborative effort that law enforcement will rise to the challenge and protect our communities,” said City of Saratoga Springs Police Chief Shane Crooks. “This investigation is the direct result of the hard work done by members of the various agencies involved and shows just how effective law enforcement can be when working together.”

Today’s takedown is the latest in the Attorney General’s Suburban and Upstate Response to the Growing Epidemic (S.U.R.G.E.) Initiative to root out violent drug trafficking. Since launching in 2017, SURGE has taken 554 alleged traffickers off the streets.

The multi-agency investigation, code-named “Operation Red Dawn," brought together the resources of state and local law enforcement agencies led by the Attorney General’s Organized Crime Task Force (OCTF), including the City of Saratoga Springs Police Department, the Warren County Sheriff’s Office, the Schenectady Sheriff’s Office, and the New York State Police. The year-long investigation included covert surveillance and hundreds of hours of wiretaps over more than two dozen target phones, aimed at rooting out heroin, fentanyl, and cocaine dealers operating in the Capital region and elsewhere in New York state. This investigation led to the recovery of approximately 7 kilograms of cocaine, 70 grams of heroin, 120 grams of fentanyl, dozens of narcotic pills, and the seizure of $40,000. 

Central figures in this narcotics distribution network were Lacy “Red” Enous and Deborah Latalladi, who often partnered together to obtain and sell heroin, fentanyl, and cocaine in Saratoga County. As alleged in the indictment, the investigation revealed that Latalladi had eight different sources of supply for the narcotics and/or prescription pills that she sold to a network of customers who travelled to her from around the Capital region; Enous had customers based in Saratoga, Albany, Rensselaer, and Schenectady Counties. 

As a major cocaine source of supply to this narcotics operation, Donald Thomas and Sharrod Thorton operated a stash location at 178^th Street in the Bronx, from which they sold multiple kilograms of cocaine. Three kilograms of cocaine were seized from Shawn Delmore, one of Thomas and Thorton’s main narcotics customers. A search warrant executed at the stash location in the Bronx yielded four kilograms of cocaine with a potential street value of $240,000. Thomas, Thorton and Delmore were charged in this indictment with Operating as a Major Trafficker and related crimes.

The indictment contains 303 counts, charging the defendants with crimes in relation to their involvement in the narcotics trafficking operation, including Operating as a Major Trafficker, and various counts of Criminal Sale and Criminal Possession of a Controlled Substance (class A, B, C, D felonies) as well as Conspiracy in the Second Degree (class B felony). 

Those charged in today’s indictment include:

Pamela Backus, 46 years old, Greenfield Center, NY

Jordan Blount, 29 years old, Ballston Spa, NY

Angel Bracero-Ortiz, 47 years old, Saratoga Springs, NY

Omar Childress, 46 years old, Schenectady, NY

Unikia Cross, 37 years old, Saratoga Springs, NY

James Daggett, 63 years old, Fort Edward, NY

Shawn Delmore, 49 years old, Waterbury, CT.

Erica Dubray, 27 years old, Troy, NY

Nancy Dukes, 64 years old, Troy, NY

James Eggleston, 52 years old, Hudson Falls, NY

Lacy Enous, 44 years old, Troy, NY

Noelia Fuentes, 51 years old, Saratoga Springs, NY

David Garcia, 46 years old, Queensbury, NY

Dorothy Gethers, 60 years old, Bronx, NY

Kimberly Goodson, 51 years old, Queensbury, NY

Dean Harlan, 38 years old, Albany, NY

Richard Henderson, 31 years old, Bronx, NY

Carlos Hernandez, 58 years old, Bronx, NY

Clarence Jackson, 43 years old, Albany, NY

Adrian Kelley, 42 years old, Albany, NY

Deborah Latalladi, 58 years old, Saratoga Springs, NY

Erina Lemperle, 41 years old, Schenectady, NY

Crystal Leo, 31 years old, Saratoga Springs, NY

Amanda Lovely-Lamarche, 35 years old, Porter Corners, NY

Zooleika Mendez, 45 years old, Saratoga Springs, NY

Frankie Mercado, 42 years old, Bronx, NY

Joseph Meunier, 41 years old, Ballston Spa, NY

Shalena Murray, 30 years old, Schenectady, NY

Damir Parsons, 20 years old, Schenectady, NY

Mattathias Parsons, 46 years old, Schenectady, NY

Adriane Pierce, 58 years old, Poughkeepsie, NY

Nicole Rich, 32 years old, Saratoga Springs, NY

Alexander Rivera, 67 years old, Bronx, NY

Patrick Robinson, 58 years old, Saratoga Springs, NY

Louis Rosa, 40 years old, Schenectady, NY

Frank Sawyer, 43 years old, Watervliet, NY

Yvonne Smith, 63 years old, Saratoga Springs, NY

Janessa Soto, 31 years old, Troy, NY

Nicole Strainer, 25 years old, Greenwich, NY

Philip Taylor, 47 years old, Saratoga Springs, NY

Donald Thomas, 46 years old, Englewood, NJ

Sharrod Thorton, 43 years old, Bronx, NY

Shetwana Venable, 28 years old, Saratoga Springs, NY

Dranae Washington, 49 years old, Schenectady, NY

Eric Williams, 53 years old, Schenectady, NY

Lamont Williams, 43 years old, Bronx, NY

Elrahim Wright, 47 years old, Brooklyn, NY

The charges against the defendants are merely accusations and the defendants are presumed innocent until and unless proven guilty in a court of law. 

The Office of the Attorney General wishes to thank the members of the City of Saratoga Springs Police Department, the Warren County Sheriff’s Office, the Schenectady Sheriff’s Office, and the New York State Police for their partnership in this investigation. 

TWO MEN INDICTED FOR FATALLY SHOOTING MAN AND WOUNDING ANOTHER IN ALLERTON

 

Defendants Are Alleged Hells Angels Members Retaliating Against Rivals

 Bronx District Attorney Darcel D. Clark today announced that two men who are alleged members of the Hells Angels have been indicted on Murder, Attempted Murder and additional charges in a shooting in the Allerton area of two members of the Pagans motorcycle gang that left one man dead. 

 District Attorney Clark said, “The defendants allegedly shot the two victims, in retaliation for a January 2020 shooting outside the Hell’s Angels headquarters on Longstreet Avenue in the Bronx. The defendants allegedly conspired and carried out this horrific violence in a residential area, near a busy intersection in broad daylight. These retaliatory shootings hurt our communities and must stop.”

 District Attorney Clark said the defendants, Frank Tatulli, 58, of 97 Hollywood Avenue, and Sayanon Thongthawath, 29, of 43-15 53rd Street, Queens N.Y., alleged members of the Hells Angels, have been arraigned on second-degree Murder, first-degree Manslaughter, Attempted Murder in the second degree, first-degree Assault, second-degree Assault, four counts of seconddegree Criminal Possession of a Weapon and second-degree Conspiracy. Tatulli was arraigned on October 6, 2020 and Thongthawath was arraigned on September 16, 2020. Both were arraigned before Bronx Supreme Court Justice Michael Gross. Remand was continued and the defendants are due back in court on December 22, 2020. Anthony Destefano, 27, of 718 Vincent Avenue, alleged member of Satan’s Soldiers, was arraigned on August 24, 2020 on first-degree Manslaughter, four counts of second-degree Criminal Possession of a Weapon and second-degree Conspiracy before Bronx Supreme Court Justice Robert Neary for his role in the incident. Bail was set at $350,000 cash/bond and he is due back in court on December 22, 2020.

 According to the investigation, on the afternoon of May 2, 2020 the defendants drove to 2522 Holland Avenue, where they approached Francisco Rosado, 51, and Javier Cruz, 42, alleged members of the Pagans motorcycle gang. Tatulli and Thongthawath shot at Rosado, striking him five times in the head, neck and back. The defendants also struck Cruz once in the arm. Rosado was pronounced dead at the scene and Cruz refused medical attention.

 District Attorney Clark thanked NYPD Detective Anthony Velez of the Bronx Homicide Squad and NYPD Detective Michael Gersch of the 49th Precinct for their assistance.

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

Mayor de Blasio update on yhr State of the City and COVID-19 Details

 

Mayor Bill de Blasio: Look, we are going to go through a tough few weeks here in New York City. I want to start with just that obvious truth. We have come so far in the course of these last months, we're dealing with a real challenge now in some parts of our city, and it's going to take hard work to overcome it. And there's a lot of questions that need answers and a lot we have to work through, but I do know for sure New Yorkers have the strength and the wherewithal to overcome this challenge. And, again, the way we do it is with unity, the way we do it is with understanding we're all in this together. We are all going to have to work to get through this challenge to make sure that New York City does not experience what so many other parts of this country have experienced when they had a full-blown second wave of the coronavirus. What we're seeing right now in much of Europe, deeply troubling – full-blown second wave. It can be stopped. We need to stop it together. And that means speaking in a unified voice, respecting each other, working with each other to get done. It won't be easy. There will be things we have to work through. There will be things we're going to have to figure out. That is the truth whenever you're dealing with a crisis. But we can overcome this challenge. The data and the science make very, very clear, we can stop this challenge from turning into a full-blown second wave, and we must – we must. Our businesses have been coming back now, our schools are back. We need to protect this progress all over New York City, and the way to do that is to focus on the areas having a challenge, work with them, support them, work together and overcome it.

 

So, yesterday, I went over the basic plan of how we're going to begin the pauses and the other activities in the new zones that were determined by the State of New York. And this goes into effect today. I want to go over some of the basics here of how this is being approached. We're going to keep getting people answers as we go along. We want to try and make this as clear as possible and as quick as possible. This is a turnaround that, if we do it right, could only take a few weeks. If we don't do it right, it could go a lot longer. So, let's work together to get it right. Now, there's a lot of questions out there, obviously, and our job is to help people understand the specifics as much as possible. So, let's go over the basics again. The State of New York determined a plan based on three color coded zones, red, orange, and yellow. The red zone is a full pause zone – that means all schools public and non-public are shut down, non-essential businesses are closed, no indoor or outdoor gatherings. Now, the orange zone is a “warning zone.” That means schools are closed, public and non-public, but most businesses can operate but with certain restrictions. The yellow zone is what is called by the State the cautionary zone, and that a situation where those areas are being watched, we're working on it, we want to make sure they do not end up with more challenges. Businesses are open, schools are in session, but there'll be a mandated COVID testing in the schools regularly and a lot of activity out in the communities to provide people education, and support, and free masks, and, obviously, enforcement. Now, the pause period begins today and in effect for a minimum of 14 days, we're going to work with the State at that point to reassess where we stand, if we need to go longer. Again, I've asked the doctors this repeatedly, can this be overcome in 14 days? Yes, with extraordinary effort, it can be, with consistent effort it can be. If we don't have that extraordinary effort, it might go longer, and none of us wants to see that happen. We're going to continue to remind people, it is ultimately all about each and every one of you. So, folks in the red zone in particular – red zones, orange and yellow as well, it is so much about what you do – it’s wearing masks, it's social distancing, it's all the basics that are going to help us come back and we need each and every one of you to be a part of it.

 

Now, how were these zones determined? They're determined by the data. They're determined by the facts. They're determined by the test results. People have commented on this, but I want to go back to what the doctors tell us. I want to go back to the science. This is based on sheer numbers and facts. And these areas are examples within New York City of the extraordinary diversity that makes up the city. Brooklyn, Queens, two of the most diverse places on earth – a number of areas of Brooklyn, Queens affected. What they all have in common is the numbers told us it was time for real restrictions to turn the tide, and that's what the State and the City fully agree on. Now, how do you know what zone you're in? This is a very fair question. People need answers – where you live, where you work, where you go to school, which zone is it in? So, we've created a new online tool for people to know their status and which zone they're in. The new zone finder online is now live – you can go to nyc.gov/covidzone, and you simply enter in your personal address, your home address, for example, or your business address, your school address, and it will tell you what is happening at that address, what specific restrictions are in place, what closures are in effect. This was put together really quickly with information we received from the State, so we had to quickly act to make it clear and available to all New Yorkers. And I want to thank everyone at our IT Department, DoITT. I want to thank everyone at Department of Health and at the Office of Operations for their extraordinary work. Congratulations to all of you putting together this so quickly so all New Yorkers could get this clarity.

 

Now, clearly, we need to do a lot of outreach and we need to get out there and explain to people what's going on. So, there'll be a lot of outreach in communities. We want to make sure that even with the challenges we're facing and the valid questions people are going to have, that we get out there in force to help people know what's going on, answer questions, resolve challenges. Look, the goal here is that everyone follows the rules for their zone. As always, when we have to bring consequences to bear, we will. The first thing we want to achieve is compliance. If we get compliance there do not have to be forced closures, there do not have to be a fines and penalties. But if we don't get compliance, then those consequences will happen very, very quickly.

 

Now, let's talk about school closures. This is a key component of this plan. So, on Tuesday, we closed 108 public school sites in coordination with the State, now closing additional 61 public school sites today. They've been – the families have been alerted as of last night, 61 public school sites, and, again, for a two-week period. The school sites that were closed previously will remain closed for that two-week period. Even if they don't end up under the new state rules, if they don't end up being in the red or orange zone, we're still keeping them closed, because based on our data, it was the right thing to do. So, we'll continue that for two weeks. And, again, same rules will apply to public and non-public schools. After two weeks, there'll be a full evaluation. So, the earliest we could talk about – and I emphasize the word earliest – for the schools that closed on Tuesday, the earliest they could come back is Wednesday, October 21st. But, obviously, we'll be talking about it in advance of that to tell people what direction things are going in, if it looks like a reopening could happen earlier or that will be further delayed. In the meantime, of course, all kids will have remote learning.

 

Now, testing – obviously, such a crucial piece of this. So, let's talk about testing in schools. For weeks now, we've been preparing for the medical monitoring that will be happening in every single New York City public school. That will be happening monthly. I want to make very, very clear – all staff, all students, we need full participation. It is a requirement of being part of the in-person school community. So, we're sending out additional guidance to parents to make that very clear. And we have sent out the forms to parents, both online and in paper, to sign up to get their children tested. This is good for everyone to know what's going on in each school. And, of course, every family will get the test results. You saw the great video the other day, how easy it is now, these tests are very quick, very easy. They're free. They're at the schools. We're sending out the information, again, urging all parents to sign that consent form, get it back immediately. Lots of parents now are responding. I want to thank all of you. We need everyone to respond. This medical monitoring, the surveying begins tomorrow, Friday, in some schools, and then it will grow out over the coming weeks.

 

Now, families, of course, have questions. We want to answer the questions. We want to listen to any concern a parent has an answer it. If they need to talk to medical personnel, connect them to medical personnel. We want to make it easy and clear. We're happy to have that conversation, whatever language a parent speaks. So, our job is to make sure the parents really understand why it's important and get their questions answered. And to help parents know that we want to answer their questions and to help give them clarity about this approach, we've put together a new video featuring our very own Health Commissioner. And I like to remind people, he is not only our Health Commissioner, he is a parent himself and his wife happens to be an assistant principal in our schools. So, he knows a whole lot about our schools and kids.

Well, I really appreciate Dr. Chokshi making that video and making it so clear. And he is the City's doctor. So, I think for all parents to hear directly from him is so important. And, look, this is for the regular testing, we'll be doing every month, every school within the Department of Education. And the State will be putting out their plan as well for a different approach. And that is the weekly testing for the schools in the yellow zone that the State determined. So, those schools that fall within those yellow zones, we'll have weekly testing. It's a different effort entirely from what we just described, the ongoing monthly in every school, all over the city. The weekly testing just in the yellow zone schools will begin next Friday, not this Friday, next Friday, the 16th. And that is going to be another crucial approach to help us know exactly what's going on and how to address things best. So, again, it all comes down to testing. And I want to keep emphasizing this for all New Yorkers – remember, remember the single biggest challenge we had in March, in April was lack of testing. In fact, we now know what we didn't know in March, that the virus had already spread widely in February. We couldn't know it because there was no testing in the amount we needed in New York City. We didn't have the ability to provide our own tests to people. There's plenty of time to talk about that history in the future. But what we do know is, where there is a lot of testing, it helps our health leadership to pinpoint the response to act quickly. The more people participate in testing, the more impact we can have. So, this is why as we have added more and more testing over the months, it directly correlated with our ability to turn around the situation and all those months where we've kept the positivity level for this virus so low. We need more and more testing than ever. And, in fact, even amidst the challenges we're facing now, some good news, that last week we conducted the highest number of tests since this crisis began. Last week in New York City, the most tests given to New Yorkers since the beginning of the coronavirus crisis – 250,000 tests for the whole city. We need to keep going. We need to keep making sure more and more people in every neighborhood participate in testing. Now, the good news is, the turnaround time for the results has now become the shortest we've ever seen. For citywide average turnaround, including for urgent care facilities, we're now at around a two-day turnaround. With results on average for test taken at Health + Hospitals facilities and Health Department facilities, meaning all public facilities, that turnaround is down on average to one day. So, that's a great improvement. So, everyone, testing, testing, testing – if you have not been tested, get tested. If you haven't been tested in a while, get tested. If you're living in one of the areas most affected, get tested. And if you need to know where, go to nyc.gov/covidtest or call 212-COVID19 to find those locations.

 

Now, let's talk about another crucial piece of fighting back against this danger of a second wave. And what we're seeing in these areas, we need, of course, in addition to clarifying rules and educating people and providing masks, we obviously need enforcement. So, we had teams out in the red and orange zone areas, 2,000 inspections yesterday, 36 summonses, 7,000 inspections since last week that led to 104 violations being given. Now, again, where we need to shut something down, we will. We've done that even before the State's declaration, we've shut down the stores when needed, we've shut down schools, both public, and non-public when needed. Wherever we need to, we will. And the rules now and the restrictions are even more clear. We're not looking to do anything painful for people. We know this is tough. We want everyone to work together and cooperate. We know for small business owners, particularly, it's going to be a really tough time, but we have to follow these rules and we will enforce them.

 

Now, before we go to our daily indicators, just an important note on another topic, but this is a deadline I want to make sure everyone is aware of, because so much is happening nowadays, but, obviously, one of the most important things will determine so much of our future is the election in 26 days. And, in fact, the deadline for registering to vote is right upon us now. So, with everything else going on, if you have not registered to vote and you want to participate in this election this Friday is your last chance. You have just today and tomorrow to get registered if you are not already registered. And, again, the election, of course, is November 3rd, but early voting begins as early as October 24th. So, it's right around the corner. Three ways to register to vote if you're not registered – in-person or online through Department of Motor Vehicles. And, reminder, if you do it online, you print out the application and you have to get that application postmarked by tomorrow, October 9th, when you mail it in. You can also download a registration form at vote.nyc. Or, of course, you can register in-person at any local Board of Elections Office or any City agency with voter registration forms. So, the bottom line is – literally, the most important election of our lifetimes. Everyone's voice should be heard. Register to vote by tomorrow so you can be a part of it.

 

Okay, let's go over the daily indicators. Number one, daily number of people admitted to New York City hospitals for suspected COVID-19, that threshold is 200 patients – today's report, 89 patients with a confirmed positivity level for COVID of 22.7 percent. Two, the new reported seven-day average for new cases, and that threshold is 550 cases – today's report, 526. And three, percentage of people tested positive citywide for COVID-19, threshold five percent – today's report is 0.33 percent. And on the seven-day rolling average, today's number for the seven-day rolling average is 1.56 percent.

Governor Cuomo Announces New Record High Number of COVID-19 Tests Reported

 

145,811 COVID-19 Test Results Reported to New York State Yesterday

20 ZIP Codes in Areas with Hot Spots - Brooklyn, Queens and Orange and Rockland Counties - Have 5.8 Percent Positivity Rate 

Statewide Positivity Excluding Hot Spot ZIP Codes is 1.01 Percent; 1.26 Percent with Hot Spot ZIP Codes Included

10 COVID-19 Deaths in New York State Yesterday

SLA and State Police Task Force Visits 637 Establishments; Observes 7 Establishments Not in Compliance

 Governor Andrew M. Cuomo today announced that 145,811 COVID-19 diagnostic test results were reported to New York State yesterday—a new record high. In the top 20 ZIP codes in areas that have seen recent outbreaks - Brooklyn, Queens, and Rockland and Orange Counties - 7,349 tests were conducted, yielding 426 positives or a 5.8 percent positivity rate. In the remainder of the state, 138,462 tests were conducted yielding 1,410 positives or a 1.01 percent positivity rate.

"Yesterday we did 145,000 tests, which is a new record for the State of New York. That's more tests than anyone's doing in the United States, a new high for us. The tests, and the reason we're increasing tests, is we're testing two universes--the normal statewide testing, which is what we've been doing, and then testing just in the hot spot ZIP codes," Governor Cuomo said. "Some have reported that the state's infection rate is going up. That is not a fact and that is incorrect. The clusters are what we are watching. The clusters are 6 percent of the state population. I don't think there's any other state that does enough testing to even know what 6 percent of the population is doing. So don't confuse 6 percent of the population and say it's representative of the state."

New York State continues to track clusters with a particular focus on areas where there are hot spot, cluster situations. Within the top 20 ZIP codes in counties with recent outbreaks - Brooklyn, Queens, and Rockland and Orange Counties - the average rate of positive tests is 5.8 percent. The rate of positive tests for the remainder of New York State, not counting these 20 ZIP codes, is 1.01 percent. These 20 ZIP codes contained 23.2 percent of all positive cases in New York State yesterday, but represent only 6.2 percent of the state's population.

Yesterday, the State Liquor Authority and State Police Task Force visited 637 establishments in New York City and Long Island and observed 7 establishments that were not in compliance with state requirements. A county breakdown of yesterday's observed violations is below:

• Suffolk - 7

Today's data is summarized briefly below:

• Patient Hospitalization - 754 (+6)
• Patients Newly Admitted - 106
• Hospital Counties - 37
• Number ICU - 172 (-4)
• Number ICU with Intubation - 67 (-5)
• Total Discharges - 77,351 (+84)
• Deaths - 10
• Total Deaths - 25,555

Wave Hill Events: Virtual and Onsite!

 

This October is all about autumn and art at Wave Hill, in the gardens, at the Family Art Project—back onsite outdoors—fall exhibitions and virtual talks with our current artists!

Plan your visit to the gardens--you can reserve your ticket here--advance registration is required.

Fall Exhibitions (ONSITE)

The first of our Fall 2020 exhibitions have been installed and we are thrilled to be reopening Glyndor Gallery to the public. Visit wavehill.org for most up-to-date hours and visitor policies so you can see these works in person.

In Conversation—Tiffany Jaeyeon Shin & Dr. Vanessa Agard-Jones (VIRTUAL) 

Thursday, October 8, 2-3PM

New York Community Trust Van Lier Fellow Tiffany Jaeyeon Shin will be in conversation with Dr. Vanessa Agard-Jones, moderated by Curator of Visual Arts Eileen Jeng Lynch. Topics include queer ecologies, fugitivity, toxicity, and decoloniality. The conversation will be pre-recorded and screened with a live Q &A on Facebook and can be viewed on this page.

This program is in conjunction with Tiffany Jaeyeon Shin’s Sunroom Project Space exhibition M for Membrane, which explores the membrane, mystery, and magic of microbial forms, fungi, and indigenous mold. In this indoor and outdoor multimedia installation, the fermenter—the artist—facilitates a community of indigenous leaf mold created from decomposed leaves, embodying the role of the witch, the scientist, and the alchemist, and from it, looks for possibilities of animacy and deep time. 

Family Art Project: Nurtured Nature Homes (ONSITE)

Saturday and Sunday, October 17 and 18, 10AM-1PM

What structures of support does a plant need to grow? How do animals survive and thrive in the homes they build? Learn from insects, animals, and even plants, about how nature is nurtured by the habitat it lives in. Use natural materials to build structures of support, creating small shelters that nurture a sense of home.

See our new guidelines and join us on the Conifer Slope!

Meet the Artist: Gracelee Lawrence in Conversation with Eileen Jeng Lynch (VIRTUAL)

Thursday, October 22, 2-3PM

Sunroom Project Space artist Gracelee Lawrence will be in conversation with Curator of Visual Arts Eileen Jeng Lynch about Lawrence’s exhibition The Other Escapes, the Ones You Can Open in Yourself on the lawn behind Glyndor Gallery. Lawrence’s sculptural fountain explores the relationship between the body, propagated plants and technology—connections between humans and the natural world—as well as the sociopolitical histories of gardens.

On top of a pedestal is a yellow-green biocyborg comprising a human-like body lying over its knees, a single dangling arm, its head a flowering angel’s trumpet (Brugmansia) drooping toward a basin of water, and a tail that resembles the plant’s stem.

This program will be streamed live on Facebook and on this page.

Family Art Project: Dear Decay (ONSITE)

Saturday and Sunday, October 24 and 25, 10AM-1PM

When trees, leaves and other parts of nature decay, they transform into material that is returned to the earth to become a food source for decomposers. Learn the process of decomposing using microscopes and deep observation, then catalogue these observations, and how they make you feel, in your own hand-bound book made of envelopes. Fill these envelopes with pressed decaying leaves and flowers along with letters you write and allow to decay.

See our new guidelines and join us on the Conifer Slope!

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS: Special restricted hours as New York City recovers from the COVID-19 pandemic: 10AM–5:30PM, Wednesdays–Sunday.

Information at 718.549.3200. On the web at www.wavehill.org.