State Comptroller Thomas P. DiNapoli's Weekly News

 

State Pension Fund Valued at $254.1 Billion at End of First Quarter

Comptroller DiNapoli announced that the estimated value of the New York State Common Retirement Fund was $254.1 billion at the end of the first quarter of State fiscal year 2023-24. For the three-month period ending June 30, 2023, Fund investments returned an estimated +3.08%.

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Local Sales Tax Collections Increased by 3% in July Compared to Last Year

Local sales tax collections in New York State grew by 3% in July compared to the same month in 2022, according to an analysis released by Comptroller DiNapoli. Overall, local collections totaled $1.82 billion, up $53.3 million compared to the same time last year.

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Former Town of Marion Court Clerk Pleads Guilty to Theft

Comptroller DiNapoli, Wayne County District Attorney Michael Calarco and the New York State Police announced that the former court clerk for the Town of Marion, Eileen Steurrys, pleaded guilty to stealing over $50,000 from the town court.

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Georgia Woman Pleads Guilty to Stealing Her Deceased Father's NY State Pension Checks

State Comptroller DiNapoli, Albany County District Attorney David Soares and the New York State Police today announced that Alayne Bertolino pleaded guilty to stealing more than $240,000 in New York State pension payments made to her deceased father.

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As Share of New Yorkers Without Health Insurance Reached New Low, Disparities Persisted Among Black, Asian, and Latino Populations

From 2010 through 2021, the percentage of New Yorkers without health insurance declined every year to 5.2% in 2021, well below the national average of 8.6% and less than half of what it was in the State in 2010 (11.9%), according to an analysis by State Comptroller DiNapoli. Rates of uninsured New Yorkers are lower than the national average due to the State’s higher enrollment in public health insurance programs, which provided coverage to 4 in 10 New Yorkers in 2021. New York was tied with Connecticut for the 10th lowest rate of uninsured in 2021 (the last year for which U.S. Census Bureau data are available).

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OTDA Needs to Improve Oversight of Services Provided to Those in Homeless Shelters

The State Office of Temporary and Disability Assistance needs to improve its oversight of local departments of social services and homeless shelter providers to make sure those entering the shelters are being set up with a plan to get the services they need and transition to permanent housing, according to an audit released by State Comptroller DiNapoli.

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ALSO IN THE NEWS THIS WEEK

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• The Ravitch Way: Trying times call for transparency, accountability
  
  
• Audit finds OTDA, homeless shelter provider oversight issues
  
  
• Audit finds improvements are needed at NYS parks
  
  
• Son sentenced 8 years for stealing dead mom's $53 K in retirement money
  
  
• New York State Common posts 3.1% return for quarter
  
  
• Long Island sales tax revenue rises, but less than the statewide average
  
  
• DiNapoli: Public health programs improve insurance coverage in N.Y., but differences remain call for transparency, accountability

 Post of the Week 
Tom DiNapoli @NYSComptroller 

Pelham Parkway Neighborhood Association Book Bag and School Supply Giveaway

 

Sunday was the Annual Pelham Parkway Neighborhood Association Book Bag and School Supply Giveaway with Assemblyman John Zaccaro Jr. and Councilwoman Marjorie Velazquez, both present at the event. Assisting the elected officials were State Committeewoman Christine Culpepper De Ruiz, and Community Board 11 members Malcolm Gray and Cynthia Rodriguez. Representatives of New York State Comptroller Tom DiNapoli, State Senator Gustavo Rivera, and Councilman Oswald Feliz, Huntington Learning Center, Tribeca Pediatrics, and the  Girl Scouts of Greater New York were also in attendance. 

Over two-hundred book bags were given out according to PPNA president Steven Glosser with an equal amount of school supplies to fill the book bags. The Girl Scout handed out some of their delicious cookies as well as trinkets for children while informing them that the Girl Scout are in the Bronx. Tribeca Pediatrics recently opened on Williamsbridge Road, and Aleatha Williams of State Comptroller Tom DiNapoli's office had various information about the comptrollers office including how to claim any money that may be in the State Comptrollers office in your name.

(L - R) State Committeewoman Christine Culpepper De Ruiz, Assemblyman John Zaccaro Jr., City Councilwoman Marjorie Velazquez, Joe McManus of Congressman Ritchie Torres's office, PPNA President Steven Glosser, Kathleen May Llamas of Councilman Oswald Feliz's office, and Francisco Aquino of State Senator Gustavo Rivera's office. 

Assemblyman John Zaccaro Jr. spoke to many of the people on line for the PPNA Book Bag and School Supply Giveaway, handing them cards from his office with important phone numbers to call when any problem arises.

You can see the amount of Book Bags on the table and behind Community Board 11 member Cynthia Rodriguez, Jacqueline Crossan Deputy Chief of Staff to Councilwoman Velazquez, and PPNA President Steve Glosser  before the Book Bags were given away.

Councilwoman Marjorie Velazquez stood at her table with the book bags on it. Assisting her are Community Board 11 members Malcolm Gray and Cynthia Rodriguez. You can see the line of tables set up and the crowd of people going down the line to fill their book bags with school supplies.

The PPNA table was next for some school supplies after getting a book bag. (L - R)  Oscar Ruiz, Steve Glosser, Louis Lutnick, and Elio Morales of the PPNA. 

Assemblyman Zaccaro Jr. and his staff stuffed the book bags with school supplies.

People stopped at every table to see what information or school supply was available on each table.

Aleatha William of State Comptroller DiNapoli's office handed out information which included how to get unclaimed funds that may be in your name from the comptroller's office , and handed out shopping bags. 

The Girl Scout of Greater New York handed out new Girl Scout Cookies and other supplies for school children.

Tribeca Pediatrics of Williamsbridge Road handed out information and gift bags.

Wave Hill Weekly Events: Sept 7 – Sept 14 Special Seasonal Tour, Fall Birding, Evening Meditation & Sound Bath

 

September continues to bring some magical moments in the garden. Our Aquatic and Monocot Gardens are singing, and we have a host of ways to come experience how captivating they are.  

Join Wave Hill gardener Chistopher Bivens for a special tour of the Aquatic and Monocot Gardens on Friday afternoon. This is a rare opportunity to get a behind-the-scenes look at these two formal gardens at their peak season, from the gardener tending them.

And don’t miss Light from Water, currently on view in our Glyndor Gallery. It features works inspired by and created right here among the tropical plants and exotic water lilies in these same gardens. 

A pair of Sunday events this week provide early and late access to the gardens. Register for an early session of our first Fall Birding series Sunday morning, or a guided Evening Meditation and Sound Bath amidst the exotic Aquatic Garden—or come for both!  

 

Public Garden Highlights Walk 

Thu, Sep 7, 2023, 12–12:45PM 

Free and admission to the grounds is free on Thursdays 

Registration not required 

Join a knowledgeable Wave Hill Garden Guide for a leisurely stroll in the gardens on this holiday Monday. Topics vary by season and the expertise of the Guide—come back for an encore: each walk varies with the Guide leading it. This walk lasts a half-hour to 45 minutes. Severe weather cancels. 

 

Public Gallery Tour 

Thu, Sep 7, 2023, 2-2:45PM 

Free and admission to the grounds is free on Thursdays 

Registration not required 

Solo and group exhibitions at Glyndor Gallery explore the dynamic relationships between nature, culture and site. When exhibitions are on view in the spring, summer and fall, Gallery Greeters lead public exhibition tours on Thursdays and Saturdays at 2PM. Visitors can expect an in-depth look at artworks on view in Glyndor Gallery and in the Sunroom Project Space, showcasing the work of both emerging and established artists in the unique context of a public garden. Each tour lasts approximately 45 minutes.  

 

Walks with a Gardener: Aquatic & Monocot Gardens 

Fri, Sep 8, 2023, 3–4PM 

$25, including admission to the grounds. Wave Hill Members save 10% 

Registration required, online or by calling 718.549.3200 x251 

Tropical plants flourish in the Aquatic and Monocot Gardens during the summertime. Alive with diversity, the hum of insects, the rustle of leaves and the antics of fish skimming the water's surface animate this garden area. Guided by Wave Hill gardener Christopher Bivens, explore the design of these two formal gardens, where neatly trimmed hedges and symmetrical pergolas provide a framework for lush grasses, tropical plants and exotic water lilies. Wear your favorite sunhat! Severe weather cancels.   

 

Family Art Project: Tiny Terrariums 

Sat, Sep 9, 2023, 10AM–1PM 

Sun, Sep 10, 2023, 10AM–1PM 

Free with admission to the grounds  

Registration not required 

Create your very own mini-terrarium. We'll learn all about soil and decomposers as we craft our tiny worlds. Embellish your creation with natural decorations. Jars are provided and families are also welcome to bring a jar from home. 

 

Public Gallery Tour 

Sat, Sep 9, 2023, 2-2:45PM 

Free with admission to the grounds  

Registration not required 

Solo and group exhibitions at Glyndor Gallery explore the dynamic relationships between nature, culture and site. When exhibitions are on view in the spring, summer and fall, Gallery Greeters lead public exhibition tours on Thursdays and Saturdays at 2PM. Visitors can expect an in-depth look at artworks on view in Glyndor Gallery and in the Sunroom Project Space, showcasing the work of both emerging and established artists in the unique context of a public garden. Each tour lasts approximately 45 minutes.  

 

Fall Birding 

Sun, Sep 10, 2023, 9:30–11AM 

$15, including admission to the grounds. Wave Hill Members save 10%. 

Registration required, online or by calling 718.549.3200 x251 

Fall is peak migration time along the Hudson River and we have a front row seat! Join naturalists and bird guides Gabriel Willow or Paul Keim as you explore Wave Hill’s gardens, woodlands and the skies overhead to look for resident and migrating birds.  A limited number of binoculars, monoculars and walking sticks are available to borrow at the Perkins Visitor Center. Ages 10 and older welcome with an adult. Severe weather cancels. 

 

Public Garden Highlights Walk 

Sun, Sep 10, 2023, 2–2:45PM 

Free with admission to the grounds  

Registration not required 

Join a knowledgeable Wave Hill Garden Guide for a leisurely stroll in the gardens. Topics vary by season and the expertise of the Guide—come back for an encore; each walk varies with the Guide leading it. This walk lasts a half-hour to 45 minutes. Severe weather cancels. 

 

Evening Meditation and Sound Bath 

Sun, Sep 10, 2023, 5:30-7:00PM 

$40, including admission to the grounds. Wave Hill Members save 10%. 

Registration required, online or by calling 718.549.3200 x251 

Be guided through a combined sensory meditation and sound bath experience after-hours at the Aquatic Garden with dosha healer Sara Hart and sound healer Drew Campbell. Soak in mid-autumn, garden sounds, sights and scents, along with the melodious tones of a variety of musical singing bowls and chimes. Rain cancels. 

 

Public Garden Highlights Walk 

Thu, Sep 14, 2023, 12-12:45PM 

Free, and admission to the grounds is free on Thursdays 

Registration is not required 

Join a knowledgeable Wave Hill Garden Guide for a leisurely stroll in the gardens. Topics vary by season and the expertise of the Guide—come back for an encore; each walk varies with the Guide leading it. This walk lasts a half-hour to 45 minutes. Severe weather cancels. 

 

Public Gallery Tour 

Thu, Sep 14, 2023, 2-2:45PM 

Free, and admission to the grounds is free on Thursdays Registration not required 

Solo and group exhibitions at Glyndor Gallery explore the dynamic relationships between nature, culture and site. When exhibitions are on view in the spring, summer and fall, Gallery Greeters lead public exhibition tours on Thursdays and Saturdays at 2PM. Visitors can expect an in-depth look at artworks on view in Glyndor Gallery and in the Sunroom Project Space, showcasing the work of both emerging and established artists in the unique context of a public garden. Each tour lasts approximately 45 minutes.  

 

HOURS: 10AM–5:30PM, Tuesday–Sunday 

Shuttle Service runs Thursday–Sunday 

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

Court Finds that Texas Law Requiring the Rejection of Mail Ballots and Applications Violates the Civil Rights Act

 

The U.S. District Court for the Western District of Texas ruled that portions of Texas Senate Bill 1, adopted in September 2021, violate the Civil Rights Act of 1964. The court found that parts of S.B. 1 require officials to reject mail-in ballot applications and mail-in ballots based on errors or omissions that are not material in determining whether voters are qualified under Texas law to vote or cast a mail ballot.

“The District Court’s decision affirms what the Justice Department has argued for nearly two years: these provisions of Texas Senate Bill 1 unlawfully restrict the ability of eligible Texas voters to vote by mail and to have that vote counted,” said Attorney General Merrick B. Garland. “The Justice Department will continue to defend against unlawful efforts that undermine the right to vote and restrict participation in our democracy.”

“In requiring rejection of mail ballots and mail ballot applications from eligible voters based on minor paperwork errors or omissions, Texas Senate Bill 1 violates the Civil Rights Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This ruling sends a clear message that states may not impose unlawful and unnecessary requirements that disenfranchise eligible voters seeking to participate in our democracy. The Justice Department will continue to use every available tool to protect all Americans’ right to vote and to ensure that their voices are heard.”

The court issued a preliminary ruling yesterday in favor of the United States’ motion for summary judgment, which asserts that two provisions of S.B. 1 violate Section 101 of the Civil Rights Act by requiring rejection of mail ballots and mail ballot request forms because of paperwork errors that are not material to establishing a voter’s eligibility to cast a ballot. The first provision requires that early voting clerks “shall reject” mail ballot applications that do not include a Texas driver’s license or ID number that identifies “the same voter identified on the applicant’s application for voter registration.” The second provision provides that a mail ballot “may be accepted only if” the ID numbers on the carrier envelope or signature sheet identifies “the same voter identified on the applicant’s application for voter registration.”

Section 5.07 requires that early voting clerks “shall reject” mail ballot applications that do not include a Department of Public Safety (DPS) number or the last four digits of a Social Security Number (SSN) that identifies “the same voter identified on the applicant’s application for voter registration.” Section 5.13 provides that a mail ballot “may be accepted only if” the DPS number or last four digits of an SSN on the carrier envelope or signature sheet identifies “the same voter identified on the applicant’s application for voter registration.”

The United States presented evidence to the court that S.B. 1 has resulted in Texas election officials rejecting tens of thousands of mail ballot applications and mail ballots cast in elections since the bill was enacted in 2021. The Department asserts that these rejections violate federal law, denying Texas voters the statutory right to vote protected by Section 101.

The preliminary ruling from the court grants the Justice Department’s motion for summary judgment, which the Department filed in May 2023, in its entirety.  The decision addresses the Justice Department’s sole pending claim in La Unión del Pueblo Entero v. Abbott, No. 5:21-cv-844 (WDTX), a case in which the United States and several private parties are challenging various aspects of S.B. 1. The court noted that the ruling will be followed in the coming weeks by a final written opinion and order.  A group of private plaintiffs will be going to trial on the remaining claims in the case, which have not yet been resolved.  That trial is scheduled to begin on Sept. 11.  

Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at www.civilrights.justice.gov or by calling (800) 253-3931.

Additional information about the Civil Rights Division’s work to uphold and protect the voting rights of all Americans is available on the Justice Department’s website at www.justice.gov/crt/voting-section.

U.S. Attorney Announces Consent Decree With Orange County Horse Racing Training Center For Violating Clean Water Act

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, the Regional Administrator for Region 2 of the U.S. Environmental Protection Agency (“EPA”), announced that the United States entered into a Consent Decree settling a civil lawsuit against MARK FORD, MARK FORD STABLES, INC., MARK FORD STAGE ROAD PROPERTY, INC., and FORD EQUINE, LTD. (collectively, the “defendants”), for violations of the federal Clean Water Act (“CWA”) in connection with the defendants’ construction and operation of a horse racing training facility on two adjacent properties in the Town of Wallkill in Orange County.

U.S. Attorney Damian Williams said: “This consent decree puts the defendants down a path to reversing the harm they caused to the environment by filling wetlands on their properties and failing to prevent pollutants from entering public waters.  It should serve as a reminder that those who pollute will be held accountable for their actions.” 

EPA Regional Administrator Lisa F. Garcia said: “The Defendants in this case irresponsibly polluted and filled in wetlands without authorization or permits, improperly managed waste from their horses, and failed to comply with requirements in the stormwater construction general construction permit that they did hold.  The Clean Water Act requires the protection of wetlands precisely because they support healthy ecosystems, provide flood and erosion control, and provide other valuable benefits.  EPA will vigorously pursue its enforcement goals to restore illegally filled waters and wetlands and deter future violations.”

The Consent Decree, which is subject to public comment and approval by the Court, will resolve a lawsuit filed in White Plains federal court in 2019.  The complaint alleged that from 2007 to 2016, the defendants destroyed existing federal wetlands and rerouted streams in the course of building a horse racing training center at 90 Slaughter Road (“Slaughter Road site”) and 482/484 Stony Ford Road (“Ford Equine Site”) in violation of the CWA.  The lawsuit also alleged that the defendants have operated a concentrated animal feeding operation without a permit, allowing horse wash water and process wastewater to be discharged into waters of the United States.  The lawsuit further alleges that defendants violated the terms of a stormwater construction general permit during construction work at the Slaughter Road Site from February 2016 to February 2017. 

In the Consent Decree, the defendants admit, acknowledge, and accept responsibility for the following:

• From 2007 to 2016, the defendants used or caused the use of mechanized land-clearing and filling equipment to discharge fill material into 18.1 acres of federal jurisdictional wetlands and a tributary that are waters of the United States at the Slaughter Road Site.  The defendants never sought or obtained authorization from the U.S. Army Corps of Engineers for the filling of these wetlands.

• From 2007 to 2013, the defendants caused the straightening or alteration of roughly 310 linear feet of a creek on the northern half of the Slaughter Road Site and roughly 1,460 linear feet of the same creek on the southern half of the site.  The defendants also discharged approximately 150 linear feet of loose stone below the ordinary high-water mark of the creek.  The defendants never obtained authorization from the U.S. Army Corps of Engineers for the rerouting and filling of portions of the creek.

• From 2015 to 2016, the defendants used or caused the use of mechanized land-clearing and earth-moving equipment to discharge fill material into approximately 1.86 acres of federal jurisdictional wetlands at the Ford Equine Site and rerouted roughly 900 linear feet of a stream that flowed southward through the eastern portion of the Ford Equine Site.  The defendants never sought or obtained authorization from the U.S. Army Corps of Engineers for the rerouting of the stream and the filling of these wetlands.

• From at least December 12, 2016, to the present, the Slaughter Road Site and the Ford Equine Site constitute a medium concentrated animal feeding operation (“CAFO”), within the meaning of the CWA and its implementing regulations, that has discharged pollutants to navigable waters without a permit.

• Between January 19, 2016, and January 26, 2018, defendants FORD and MARK FORD STAGE ROAD PROPERTY, INC., were required to comply with an applicable general permit governing the discharge of stormwater during construction activity.  However, in November 2016, EPA conducted an inspection at the Slaughter Road Site and found non-stabilized stockpiles of soil and mulch in the southwest portion of the Slaughter Road Site that lacked the erosion and sediment controls required by the general permit.  Several areas of the Slaughter Road Site lacked erosion or sediment controls that caused turbid stormwater to flow into a catch basin and ditch/stream tributaries in the southwest portion of the site which, in turn, flowed into the creek in violation of the general permit.  In addition, monthly inspections required by the general permit had not been conducted from February 2016 to February 2017.

In addition to the payment of a $200,000 civil penalty, the Consent Decree requires the defendants to create or restore approximately 18 acres of wetlands on their property, to restore two streams to their pre-fill configurations, to take additional measures to ensure the long-term success of the defendants’ restoration work, and to come into compliance with federal CAFO regulations.

Notice of the proposed Consent Decree will be published in the Federal Register and the public will have the opportunity to submit comments on the Consent Decree for a period of at least 30 days before it is submitted for the Court’s approval.

Mr. Williams thanked the attorneys and enforcement staff at EPA Region 2 for their critical work on this matter.