Saturday, August 27, 2022

Permits Filed For 3128 Bailey Avenue In Jerome Park, The Bronx

 


Permits have been filed for a six-story mixed-use building at 3128 Bailey Avenue in Jerome Park, The Bronx. Located between Albany Crescent and Fort Independence Street, the lot is two blocks from the 231st Street subway station, serviced by the 1 train. Yaniv Zohar is listed as the owner behind the applications.

The proposed 65-foot-tall development will yield 28,377 square feet, with 27,115 square feet designated for residential space and 1,261 square feet for community facility space. The building will have 40 residences, most likely rentals based on the average unit scope of 677 square feet. The masonry-based structure will also have a cellar, a 30-foot-long rear yard, and 20 open parking spaces.

Baobab Architects is listed as the architect of record.

Demolition permits will likely not be needed as the lot is vacant. An estimated completion date has not been announced.

Tiffany Court Plaza Affordable Housing Project Debuts At 980 Westchester Avenue In Foxhurst, The Bronx

 

Tiffany Court at 980 Westchester Avenue - GF55 Partners

Tiffany Court, a new 151-unit affordable housing property recently debuted at 980 Westchester Avenue in The Bronx. The property is located in Foxhurst, residential micro-neighborhood that borders the Bronx River, the Bruckner Expressway, and Morrisania.

Developed by The Doe Fund and Bolivar Development with support from New York City’s Housing Development Corporation (HDC) and the Department of Housing and Preservation Development (HPD). The project was just awarded a Temporary Certificate of Occupancy.

“New York City faces many obstacles to its pandemic recovery, from dirty streets to rising homelessness and a lack of affordable housing,” said John McDonald, executive vice president of housing at The Doe Fund. “More people experience homelessness on our streets and in our subway than ever before. It’s critical we develop housing that delivers the services these individuals and families need to live with dignity. Tiffany Court Plaza shows The Doe Fund’s commitment in action — the commitment to a safer, fairer, more livable NYC.”

Designed by GF55 Partners, the building is expected to achieve LEED Gold certification. Tiffany Court’s mix of units includes 47 studios, 64 one-bedroom units, 22 two-bedroom units, and 17 three-bedroom units, as well as a two-bedroom unit for a live-in superintendent.

The Doe Fund will provide supportive services to 31 units, including substance abuse counseling, comprehensive case management, career training, and continuing education. Supportive tenant rents and program expenses were secured by an award from the NYS Empire State Supportive Housing Initiative.

The remaining units will be rented through a lottery conducted by The Doe Fund via NYC Housing Connect.

All residents will have access to a large communal lounge, a landscaped outdoor terrace, on-site laundry facilities, a computer room, and bike storage.

In addition to a residential lobby, the first floor of the building will house a 25,000-square-foot retail volume. The commercial tenants have not yet been announced.

Total project costs hover around $71.6 million funded through a mix of public and private funding. This includes federally tax-exempt HDC bond and a second mortgage through HDC’s Extremely Low & Low Income Affordability Program. Additional public funding includes HPD subsidies and four percent low-income housing tax credits via Boston Financial Investment Management and their investor, Webster Bank.

Other funding sources include Chase Bank, a Federal Home Loan Bank of New York grant, and New York City Council discretionary funds from Bronx Councilman Rafael Salamanca, Jr. and former City Council Speaker Corey Johnson.

On Women's Equality Day, Governor Hochul Announces State Actions to Combat Sex Discrimination

 Women's Equality Day Event

New York State Division of Human Rights Awards $2.3 Million to Women Who Were Victims of Sex Discrimination by Employers, Landlords and Businesses

New Guidance and Fact Sheet on Protections for Pregnant Workers in the Workplace


 Governor Kathy Hochul today announced that the New York State Division of Human Rights has awarded more than $2.3 million in the past year to 126 women who filed sex discrimination claims against employers, landlords, and businesses across the state. In addition, the Division has published new guidance on workplace protections against pregnancy discrimination. Governor Hochul announced these actions as the State commemorates Women's Equality Day, which marks 102 years since women in the United States gained the right to vote.

"There's no place for unlawful discrimination or harassment of any form — in the workplace or anywhere else," Governor Hochul said. "We've come a long way in changing workplace culture in government, and as we celebrate Women's Equality Day across the state, we are sending a message that whether in a private setting or in a public sector office, sexual harassment is not okay. In New York State, we are committed to promoting safety, dignity, and respect for everyone."

Sex discrimination has been unlawful in New York State since 1964, and every year since, the Division has worked to protect the rights of women to participate fully in the life of the State. In addition to obtaining those settlements since Governor Hochul took office in August 2021, the Division has published new guidance on pregnancy protections, as well as a factsheet that will alert employees of their rights and employers of their responsibilities around reasonable accommodation of pregnant workers.

Notable Resolutions

Two female security officers received settlements of $50,000 and $30,000 each after filing DHR complaints against their employers, alleging that they faced sex discrimination while working at a New York City hospital. The security officers alleged that they were assigned to less-desirable postings, denied equal opportunity for overtime, and denied breaks because their supervisors said female officers were "not equal to men." The officers also alleged that they experienced retaliation after filing internal complaints.

A woman who worked at a dental office in Lockport received a settlement of over $70,000 plus $17,000 in legal fees after filing a sexual harassment and disability discrimination complaint against her employer through DHR. The woman, who worked as a hygiene coordinator, alleged that she experienced continual sexual harassment from the dentist who co-owned the practice she worked at. The woman alleged she was terminated after going out on sick leave for three weeks due to what was later found to be a brain tumor.

A New York City woman who worked in the billing department of a retail distributor received a settlement of $75,000 after alleging in a DHR complaint against her employer that she faced racial and pregnancy discrimination. The woman alleged that she faced derogatory comments and harassment from her supervisor for being a single mother after becoming pregnant. She also alleged that her work duties were changed to become less favorable after she came back from maternity leave.

A Long Island woman received a settlement of $45,000 after alleging that she experienced racist and sexist abuse and harassment while working as an office manager at a construction company in Brookhaven. Despite working for the company productively for several years, she was terminated after going out on disability.

A Rochester woman who worked as a security officer at a local airport received a settlement of $47,000 after filing a DHR complaint against her employer alleging sex, disability, and pregnancy discrimination. The woman was penalized by her employer for taking time off during her pregnancy to deal with connected medical issues, and then terminated after seeking leave to deal with post-partum depression.

The Division's work builds on other recent measures taken by Governor Hochul to further equality in New York State. In July, she announced that the Division launched a statewide, toll-free hotline to connect workers with free guidance from pro-bono attorneys to help them deal with the complex issues of sexual harassment. In May, the Division filed a complaint against online retailer Amazon alleging the company engages in discrimination against pregnant workers and workers with disabilities and has policies that force pregnant and disabled workers to take an unpaid leave of absence rather than allowing them to work with a reasonable accommodation.

This past March, Governor Hochul signed legislation strengthening protections against retaliation for victims of discrimination and making explicit that all public employers are subject to the Human Rights Law. These and other recent amendments to the law have helped ensured that the New York State Human Rights Law remains one of the strongest in the nation, and the Division is committed to vigorous enforcement of these protections.

New York has the proud distinction of being the first state in the nation to enact a Human Rights Law, affording every citizen "an equal opportunity to enjoy a full and productive life." The New York State Division of Human Rights is dedicated to eliminating discrimination, remedying injustice, and promoting equal opportunity, access, and dignity through enforcement of the Human Rights Law. Individuals interested in finding out more information or filing a complaint may visit the Division's website. Follow the Division on Facebook and Twitter.

NYS OASAS Helping to Raise Awareness About Overdose Prevention at the New York State Fair

 

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Critical Life-Saving Tools and Materials Available Free of Charge

 

Dedicated Observance to Mark International Overdose Prevention Day


 The New York State Office of Addiction Services and Supports (OASAS) today announced a series of initiatives happening at the 2022 New York State Fair to help educate the public on overdose prevention opportunities, and encouraged attendees to visit the agency information booth to take advantage of the important tools being made available free of charge.


OASAS is hosting a booth in the Science and Industries Building each day of the fair, with staff present to answer questions and provide important information about the range of Prevention, Treatment, Harm Reduction, and Recovery services available. On August 31st, Commissioner Dr. Chinazo Cunningham will also be on hand to help promote agency initiatives and the availability of additional life-saving tools in observance of International Overdose Awareness Day

“Across the country, we are continuing to see unprecedented numbers of overdoses. We need to do everything possible to help reverse this trend and save more lives. We are taking advantage of our presence at the New York State Fair to help raise awareness and make critical resources available for those in attendance, OASAS Commissioner Chinazo Cunningham said. “We also want to ensure that people know how to access OASAS educational opportunities, services, and assistance to help keep their families and communities safe and healthy.”

On August 31st, special items will also be available at no cost to support overdose prevention efforts, including:

  • Deterra drug deactivation bags to safely dispose of unwanted/unused medication
  • Medication lock bags to keep prescriptions safe and ensure use is only as intended
  • Fentanyl test strips to test substance potency and help prevent accidental overdose

Free naloxone training sessions will be held on August 31st at 11am, 1pm, and 3pm. Space is limited and registration is encouraged. Interested participants should sign up at the OASAS booth on the day of the events. Naloxone Overdose Prevention Kits will be provided to participants of pre-scheduled trainings.

New Yorkers struggling with an addiction, or whose loved ones are struggling, can find help and hope by calling the state’s toll-free, 24-hour, 7-day-a-week HOPEline at 1-877-8-HOPENY (1-877-846-7369) or by texting HOPENY (Short Code 467369). 

Available addiction treatment including crisis/detox, inpatient, residential, or outpatient care can be found using the NYS OASAS Treatment Availability Dashboard at FindAddictionTreatment.ny.gov or through the NYS OASAS website

If you, or a loved one, have experienced insurance obstacles related to treatment or need help filing an appeal for a denied claim, contact the CHAMP helpline by phone at 888-614-5400 or email at ombuds@oasas.ny.gov.

STATEMENT FROM DEC COMMISSIONER BASIL SEGGOS ON EPA’S ACTIONS TO CLASSIFY PFOA AND PFOS AS HAZARDOUS SUBSTANCES

 

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“This milestone announcement from the EPA to classify PFOA and PFOS as hazardous substances will increase its Superfund authority and result in reducing human and environmental exposure to these emerging contaminants and prevent these chemicals from entering our communities and drinking water supplies.  With EPA’s decision once finalized and under Governor Hochul’s leadership, DEC will utilize this new action to strengthen our aggressive nation-leading efforts to protect New Yorkers from these forever chemicals while enforcing our strict environmental laws to force polluters to pay for contaminating our communities.” 

Governor Hochul Commissions New Report on Women in the Workplace in Honor of Women's Equality Day

 Women's Equality Day Event

Directs Department of Labor To Examine the Impact of COVID-19 on Women in the Workforce and Explore Equitable Solutions

Issues Proclamation and Orders State Assets Illuminated in Recognition of Women's Equality Day


 Governor Kathy Hochul today announced that the New York State Department of Labor will provide a report analyzing the impact of the COVID-19 pandemic on women in the workplace with a particular focus on the multi-layered gender wage gap. This report will build on the findings of the 2018 Gender Wage Gap report, co-chaired by Governor Hochul and NYSDOL Commissioner Roberta Reardon, which included a number of policy and programmatic recommendations to close the wage gap.

Governor Hochul announced the new report on Women's Equality Day, a federally recognized holiday celebrating the 1920 adoption of the Nineteenth Amendment, which granted women the right to vote. The Governor also signed a proclamation declaring August 26 Women's Equality Day in the State of New York and ordered state assets illuminated purple and gold in recognition.

"As New York State's first female Governor, I hope to send a message to women and girls across the world that they can be anything they want to be," Governor Hochul said. "In highlighting the struggles women have faced throughout the pandemic, we are taking an important step toward ensuring equality in the workforce and beyond. Today, we are ensuring the future we leave for our daughters and granddaughters is an even brighter, fairer one than was left to us."

As the first woman Governor of New York State, Governor Hochul has been and continues to be a forceful advocate for women's equality. Since taking office, the Governor has:

New York State has made many strides to advance pay equity in recent years, including enacting a Salary History Ban, which prohibits all employers — both public and private — from asking prospective or current employees about their salary history and compensation. NYSDOL also has free resources to help all job seekers, including a Salary Negotiation Guide to help New Yorkers make the most of their earning power.

Attorney General James’ Office of Special Investigation Releases Report on Death of Dedrick James

 

 New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Dedrick James of Rochester. Following a thorough investigation, which included interviews with officers and Mr. James’ grandmother, who was at the scene, as well as review of crime scene evidence and ballistics testing, OSI concluded the evidence establishes that Mr. James died from a self-inflicted gunshot wound to the chest when members of the United States Marshal’s Service Fugitive Task Force (USMS Task Force) attempted to arrest him on an outstanding warrant for allegedly assaulting his young son. 

In December 2020, in the Wayne County town of Marion, the New York State Police (NYSP) began an investigation into injuries sustained by Mr. James’ two-year-old son. The NYSP interviewed Mr. James twice throughout the months-long investigation, and based on those interviews, accounts from the mother of the child, and other evidence, a warrant was issued for Mr. James’ arrest in July 2021. Over the next few weeks, law enforcement made multiple attempts to arrest Mr. James, but could not locate him. 

The NYSP investigator called Mr. James multiple times and visited the Rochester address Mr. James provided, but did not receive a response. The NYSP obtained an arrest warrant from the Marion Town Justice, charging Mr. James with Assault in the Second Degree, which they then referred to the USMS Task Force in Rochester to locate and arrest Mr. James. The USMS Task Force receives arrest warrant referrals from participating task force member agencies for cases limited to serious felonies, including Assault in the Second Degree. 

On September 15, 2021, based on observations indicating Mr. James was then at the Rochester address, multiple USMS Task Force officers from agencies including USMS, NYSP, and the Rochester Police Department (RPD) went to the residence at 6 Vineland Terrace to arrest Mr. James. Several officers knocked on the front door, and Mr. James’ grandmother answered. Mr. James came out of a bedroom and approached the officers, but then ran into a bathroom when told he was under arrest. NYSP Investigator Ulatowski, RPD Officer Baker, and USMS Deputy Marshal Smith followed him into the bathroom, where Investigator Ulatowski attempted to restrain Mr. James from behind in a bear hug. That officer and Mr. James then fell together into the bathtub. Mr. James had a gun in his hand, which he pointed at Investigator Ulatowski’s head. A brief struggle to disarm Mr. James ensued and the gun went off, fatally striking Mr. James in the chest. 

Evidence technicians who arrived on the scene following the incident concluded that none of the officers present discharged their weapon. A Smith & Wesson .380 Pistol was recovered from the scene, and after ballistics testing and an autopsy by the medical examiner, it was concluded that Mr. James was killed by a single bullet discharged from the recovered firearm.

Based on the available evidence, OSI determined that a prosecutor would not be able to disprove that the officers’ actions were justified. Under New York law, police officers may use physical force to arrest a person to the extent reasonably necessary. In this case, none of the officers were found to have used deadly physical force against Mr. James. The physical force they did use was to prevent Mr. James from evading arrest or firing his gun.  

At the time of this incident, the United States Department of Justice (DOJ) had recently changed its policy to permit USMS Task Force members to wear BWCs, but full implementation had not yet occurred. BWCs are critical to thorough and fair investigations and promote transparency, accountability, and safety of all parties. OSI recommends the DOJ and USMS ensure full implementation of BWCs by Task Force Officers without further delay. 

“My office is committed to conducting thorough, independent, and transparent investigations into every case that we undertake, including an exhaustive review of this incident,” said Attorney General James. “We have consistently recommended that members of all law enforcement agencies wear and use body-worn cameras to aid in efforts to uphold the highest standards of safety, fairness, and accountability. I urge the USMS Task Force and its member agencies, including the Rochester Police Department and the New York State Police, to take immediate action to outfit every officer with body-worn cameras.” 

Former NBA Player Terrence Williams Pleads Guilty To Defrauding The NBA Players’ Health And Welfare Benefit Plan

 

Terrence Williams Led a Sprawling Scheme to Defraud the NBA’s Health and Welfare Benefit Plan Out of More Than $5 Million and, Following His Arrest, Threatened a Witness

 Damian Williams, the United States Attorney for the Southern District of New York, announced that TERRENCE WILLIAMS pled guilty to conspiracy to commit health care and wire fraud, and aggravated identity theft, in connection with a scheme to defraud the National Basketball Association (“NBA”) Players’ Health and Welfare Benefit Plan (the “Plan”). WILLIAMS pled guilty before U.S. District Judge Valerie E. Caproni.  Sentencing is scheduled for January 25, 2023.

U.S. Attorney Damian Williams said: “Williams led a scheme involving more than 18 former NBA players, a dentist, a doctor, and a chiropractor, to defraud the NBA Players’ Health and Welfare Benefit Plan of millions of dollars.  Williams also impersonated others to help him take what was not his—money that belonged to the Plan.  I thank our law enforcement partners in the FBI for their hard work investigating this pervasive scheme.”   

According to the Indictment, public court filings, and statements made in court:

The Plan is a health care plan providing benefits to eligible active and former players of the NBA and their family members.  From at least 2017 through at least 2021, WILLIAMS, and more than a dozen others, engaged in a widespread scheme to defraud the Plan by submitting and causing to be submitted fraudulent claims for reimbursement of medical and dental services that were not actually rendered.  Over the course of the scheme, the defendants submitted and caused to be submitted to the Plan false claims totaling at least approximately $5 million.

WILLIAMS orchestrated the scheme to defraud the Plan.  WILLIAMS recruited other Plan participants to defraud the Plan by offering to provide them with false invoices to support their fraudulent claims.  WILLIAMS’s co-defendants, including a dentist in California and a doctor in Washington State, provided WILLIAMS with fraudulent invoices that WILLIAMS sent to other co-conspirators.  WILLIAMS also recruited non-medical professionals to copy invoices made by medical offices, which WILLIAMS provided to co-conspirators and were used to defraud the Plan.  WILLIAMS conspired with others to submit fraudulent claims to the Plan in exchange for kickback payments to WILLIAMS of at least $300,000.

To verify that certain services were medically necessary, the Plan sometimes requires participants to provide, from a medical provider, a letter of medical necessity establishing that necessity of the provided services.  WILLIAMS fraudulently created and transferred letters of medical necessity for three co-conspirators.  Those letters were unusual in several respects: they were not on letterhead, contained unusual formatting, had grammatical errors, and one of the letters misspelled a purported patient’s name.

WILLIAMS also impersonated others in furtherance of the scheme.  WILLIAMS pretended to be employees of the Plan’s administrative manager.  In one instance, WILLIAMS created an email account designed to appear as an email account used by the Plan’s administrative manager.  WILLIAMS used that account to attempt to frighten a co-defendant so that the co-defendant would re-engage with WILLIAMS and would pay kickback to WILLIAMS.

On other occasions, WILLIAMS used another email account he created to threaten another co-defendant—a doctor who created fraudulent invoices for WILLIAMS.  WILLIAMS used this email account to pretend to be employees of the Plan’s administrative manager and demand that this co-defendant pay WILLIAMS a “fine” or the “employees” would tell the authorities about the submission of fraudulent invoices.  Through these threats and deception, WILLIAMS obtained approximately $346,000 from this particular co-defendant.

In or about April 2022, after WILLIAMS was charged and arrested in this case, and while on pretrial release, WILLIAMS texted threats to a witness including that the witness was “talking way to[o] f[---]ing much,” to “shut the f[--]k up,” and “me spitting in your face is exactly what you’ll see.”  Following a motion by the Government on May 6, 2022, as a result of this obstructive conduct, Judge Caproni remanded WILLIAMS.

WILLIAMS, 35, of Seattle, Washington, pled guilty to one count of conspiracy to commit health care and wire fraud, which carries a maximum term of twenty years in prison; and one count of aggravated identity theft, which carries a mandatory minimum sentence of two years in prison.  As part of his guilty plea, WILLIAMS agreed to pay restitution of $2,500,000 to the Plan and to forfeit $653,672.55 to the United States.

The sentencing of WILLIAMS is scheduled for January 25, 2023, before Judge Caproni.

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.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.