Pre-K Sign Up Blitz

  City Launches Media and Organizing Drive to Sign up Children in Every Community for Full-Day, High Quality Pre-K

  

Subway and bus ads, PSAs and materials in nine languages urge parents to apply

Parents can apply for new options at schools.nyc.gov/prek

  Joining Assembly Speaker Sheldon Silver at a public school’s pre-K program, Mayor Bill de Blasio announced a major media and community organizing push urging New Yorkers to sign their children up for pre-K. The outreach campaign follows the announcement this week that the city has secured the funding necessary to expand pre-K to 53,000 children this September.

The outreach includes $300,000 of ads on bus shelters, buses and subways urging parents to register their children for pre-K, as well as public service announcements, promotions in taxicabs, robocalls to families in public housing, and a multilingual canvassing effort in partnership with community groups.

“This is about reaching parents where they live,” said Mayor de Blasio. “It’s going to take a mix of new media and old-fashioned community organizing to reach every family. From our Taxi and Limousine Commission to community groups in immigrant neighborhoods, we’re working with every partner we can find to get the word out about new pre-K options opening up. But the most important pieces of this equation are everyday New Yorkers. Talk to your family. Talk to your neighbors. Help us get the word out.”

“I and the Assembly Majority have long maintained that pre-K is the critical jumpstart our children need to be successful. I am so pleased that we have a powerful partner in Mayor Bill de Blasio, who knows that this program can be truly transformational and will provide new hope for working families and their children. It is critical that we spread the word as quickly as possible, and I look forward to working with Mayor de Blasio and his team to make this program a huge success,” said Assembly Speaker Sheldon Silver.

The application deadline for public school options is April 23, and the Department of Education will notify families about public school placements in June. Families will also have an opportunity to apply for slots at community-based organizations later this spring.

The Department of Education is printing 70,000 Pre-K Expansion Guides that detail the new public school pre-K options. The guides are being mailed to 5,000 NYCHA families with eligible 4-year-olds and distributed through libraries, community partners and elementary schools. The Pre-K Expansion Guide will be translated in nine languages and available online.

For more information and updates on the pre-K application process, visit:schools.nyc.gov/prek or text “prek” to 877877.

DiNapoli: Preschool Special Education Contractor Overcharged Taxpayers $875,000

This comes from New York State Comptroller Tom Dinapoli's office.

 

TheraCare Preschool Services Inc, a downstate provider of preschool special education services, overcharged state taxpayers by more than $875,000 for improper staff bonuses and executive compensation over a three-year period, according to an audit released today by State Comptroller Thomas P. DiNapoli.

“Audits by my office have found a continuing pattern of abuse in the state’s preschool special education sector,”DiNapoli said. “Many providers are continuing to take advantage of lax oversight to give themselves excessive salaries and unearned bonuses. Taxpayer dollars meant for children with special needs are being wasted. This has to stop.”

TheraCare, headquartered in New York City, is a for-profit organization that provides special education services to children between the ages of three and five who reside in New York City as well as Westchester, Nassau and Suffolk counties. TheraCare served 651 students during the 2010-11 school year and reported program-related costs for reimbursement of about $50.1 million for the three fiscal years ended June 30, 2011.

State Education Department (SED) guidelines state that the compensation paid to specific leadership positions, and charged to an SED program, may not exceed the “regional median compensation”for these positions. On that basis, DiNapoli’s auditors disallowed $316,539 in compensation paid to the executive director ($73,820), CFO ($111,796), and assistant executive director ($130,923) for the three-year period ended June 30, 2011.

Bonus payments to employees are reimbursable by SED only if they are based on merit as measured and supported by employee performance evaluations. Auditors found that TheraCare claimed $253,205 in expenses for bonuses predicated on the organization achieving its budget, not employee performance.

In addition, auditors found that TheraCare often awarded its teaching staff a sign-on bonus with the agreement that they will remain in TheraCare’s employ for at least one year. These payments are not performance based and thus do not meet the eligibility requirements for reimbursement by the state. TheraCare inappropriately charged SED $220,875 for these improper bonuses.

DiNapoli’s auditors also identified $76,766 in unnecessary and inappropriate South American recruitment-related costs and $9,513 in other non-personal service expenses that were either unsupported or not program-appropriate.

DiNapoli recommended:

• ED review the disallowances resulting from the audit, make the appropriate adjustments to costs reported and to TheraCare’s tuition reimbursement rates, and recover the overpayments as appropriate;
• SED work with TheraCare officials to help ensure that only eligible costs are claimed; and
• TheraCare ensure that its requests for SED reimbursement include only those expenses that are allowed.

SED agreed with the audit’s recommendations and has already made certain adjustments to future TheraCare reimbursement rates to recover some of the excess compensation. SED has also instituted a soon to be mandatory training course for providers. TheraCare disputed the audit’s findings. For a copy of the full report, including responses from SED and TheraCare, visit: http://www.osc.state.ny.us/audits/allaudits/093014/12s21.pdf

DiNapoli has identified fraud and improper use of funds in a recent series of audits of special education providers. His office has completed 22 audits of preschool special education providers, finding nearly $22 million in unsupported or inappropriate charges. There are currently ten additional audits of preschool special education providers in progress.

In December, Governor Cuomo signed into law legislation mandating audits of every preschool special education services program provider in the state by the Comptroller’s Office. The new law, a program bill of the Office of the State Comptroller, also tightens weaknesses in the program, including how students are evaluated and placed in programs, and how reimbursement is calculated.

Klein Dinowitz Hold Town Hall Meeting to Explain New Provision in State Budget to Halt 11 Story Medical Center in Riverdale.

 Under New Mandate, New York State, Alongside Klein and Dinowitz, Will Launch “Bronx Community Forum”  so that Size, Scale, and Location Must be Weighed in Health Facility Approval Process for All Current and Future Health Developments in the Bronx.

  At the Riverdale Y last night State Senator Jeff Klein and Assemblyman Jeff Dinowitz explained the provision in the state budget limiting health facilities proposed for the Bronx. This legislation is intended to stop one particular project, that being the proposed 11 story medical facility being built in Riverdale by Simone Developers for Montefiore Hospital. After vocal community opposition by those living around the proposed site, what has been said a lack of community concerns by Montefiore, and complete opposition from Senator Klein's possible primary challenger former Riverdale Councilman Oliver Koppell on the issue  this provision was put into legislation as part of the state budget adoption. 

  This provision, contained in this year’s New York State budget, will apply to Montefiore’s controversial proposed development on Oxford Avenue in Riverdale. Specifically, the provision will empower local communities to weigh-in, via public forums, and to make formal recommendations to the Department of Health regarding the suitability of the facility’s proposed location as well as the facility’s potential impact on the surrounding community.

  Klein and Dinowitz believe as a result of the new community review process, Montefiore will be unable to construct any new facility at the proposed Riverdale site for at least 24 months.    

Senator Klein said: “This project will never get built under my watch. I have been fighting this project from day one because everything about it, from its size to its location, is wrong for Riverdale. For months, Montefiore has been ignoring the concerns of our community. Today, all of that changes. Today, Montefiore must start changing its project based on the concerns of our community, or else this project—and every future project—will never see the light of day. This is a major victory for the Bronx and with this new mandate, health providers like Montefiore will never again be allowed to run amok in our borough.”

Assemblyman Dinowitz: “Montefiore put forth a proposal for a huge facility in our community without the slightest consultation with community residents or its elected representatives. Month after month, local residents turned out in record numbers to express their strong opposition.  Unfortunately Montefiore has not listened.  This new approval process is now part of the new state budget.  Senator Klein proposed this language and led the way for the Senate to include it in its budget resolution. I was successful in securing the support of the Assembly, ensuring that it was part of the final budget. When our community is impacted by a proposal for a large facility such as this, it is crucial that there be community input. We will not be left out of the discussion. We will have our say before any final decision is made.”

Under this new approval process, any free-standing health facility would be subject to a mandated community forum that the health commissioner, local community board and proposed health clinic, facility or center, would hold at a mutually agreed upon time and date. The New York State health commissioner would oversee the proceedings at the community forum, in addition to making any and all evidence for why such a facility should be built at a given size, scale and location available to the public via the department’s website. The commissioner would also be responsible for reviewing all relevant input from the local community before making a decision to approve, modify or deny the facility plans.

Editor's Note: This provision is for only Bronx County, and facilities higher than three stories and/or an area of 30,000 square feet or larger. 

Montefiore currently has plans for another 11 story medical facility for the Coop-City area that will affected by this legislation. 

WHAT YOU SHOULD KNOW

By Senator Rev. Rubén Díaz
32nd Senatorial District, Bronx County, New York 

  New Police Commissioner William Bratton is Showing Respect to Our Community
You should know, that the new administration at 1 Police Plaza, is showing great respect and a new sense of consideration for our community here in the South Bronx.

It is important for me to mention that on Monday, February 10, 2014, Assemblyman Marcos Crespo and I sent a letter to the new Police Commissioner, the Honorable William Bratton, requesting a meeting.

The purpose of the request was to discuss what we believe is an injustice done to the residents of the Bronx, especially those residing in the area of the 41^st Precinct, where crimes committed in Queens County are being applied to Bronx County, therefore increasing the crime statistics in the Bronx and decreasing the crime statistics in Queens.

You should know that this outrageous and unfair situation where crimes committed in Rikers Island, which is located in Queens, are being applied to the 41^st Precinct located on Longwood Avenue in the South Bronx, has been amply documented and explained in the New York Daily News by Denis Slattery and other reporters.

We have been questioning ourselves why it is that the residents of the South Bronx have to carry the burden of seeing that their area’s crimes are increased, the insurance companies are increasing their rates and the South Bronx is being painted by everyone as a high crime area, while the area in Queens where Rikers Island is located is being painted like a crime-free zone.

For me, it was impressive to see how soon our request for the meeting with the Commissioner was responded to. It is a fact that in the previous administration, my requests and letters were very, very, rarely responded to.

To the credit of the new administration at 1 Police Plaza, the timing in which the letter was responded to took me by surprise. On Friday, April 4, 2014, the Honorable William Bratton sent to my Bronx Office, a delegation to meet with Assemblyman Crespo and myself. That delegation was composed of the Assistant Commissioner for Office Management, Analysis and Planning, Ronald J. Wilhelmy, the Assistant Commissioner for Intergovernmental Affairs, Susan Petito,  the Deputy Commissioner for Operations, Dermot Shea, the Deputy Inspector for Crime Analysis and Planning, Raymond Martinez and Ariana W. Caplan, State Legislative Affairs from the Mayor’s Office.

The interest shown by the Commissioner by sending this delegation of high ranking members of the Police Department to come to the South Bronx to try to find solutions to these old inequities that have been facing the residents of the area where the 41^st Precinct is located, merits praise and thanks for their attention to this long-standing issue.

It is important to know that crimes in the Bronx have been decreasing. But as long as crimes committed in Queens County are being applied to Bronx County, it is prejudicial not only to the residents of the 41^st Precinct, but to every resident of Bronx County.

I know and you should know that there is no easy solution, and that this problem will not be fixed by a snap of the fingers.  But to know that the new Police Commissioner and his administration are taking notice and paying attention and working together with us to try to find a solution, it is refreshing, it is admirable, and it is exciting.

I am State Senator Rev. Rubén Díaz, and this is what you should know.

 

Markowitz Joins NYC & Company; Will Focus on Borough Tourism Development

  NYC & COMPANY ANNOUNCES FORMER BROOKLYN BOROUGH PRESIDENT MARTY MARKOWITZ AS NEW VICE PRESIDENT, BOROUGH PROMOTION AND ENGAGEMENT

–Markowitz to Focus on Borough Tourism Development–

NYC & Company President & CEO Fred Dixon today announced the Company's continued commitment and focus on five-borough travel, naming Marty Markowitz, former Brooklyn Borough President, as NYC & Company’s new Vice President, Borough Promotion and Engagement. In his new role, Markowitz will further NYC & Company’s goal to increase tourism and economic activity throughout the City, particularly in The Bronx, Brooklyn, Queens, and Staten Island.

“Marty is a tireless champion for Brooklyn and all of New York City, bringing a wealth of public sector experience to NYC & Company,” said Mayor Bill de Blasio. “He will be an outstanding asset as NYC & Company looks to further build on its efforts to expand five-borough tourism and encourage more travel to every corner of our City.”

“As a recognized champion for Brooklyn and a tremendous advocate for New York City overall, we are confident Marty Markowitz will help NYC & Company continue to grow the appeal of the boroughs, especially those beyond Manhattan, and help attract even more tourism to all of NYC’s neighborhoods,” said NYC & Company President and CEO Fred Dixon. “We warmly welcome Marty to the NYC & Company team.”

In his new role as NYC & Company’s Vice President, Borough Promotion and Engagement, Markowitz will engage with tourism stakeholders across the five boroughs, help organize new borough tourism roundtables, work to grow NYC & Company’s borough membership, look to expand visitor kiosk locations that promote five-borough travel, and highlight the “Neighborhood x Neighborhood” campaign, which spotlights travel to neighborhoods across the five boroughs.

“NYC & Company is one of the world’s leading municipal marketing and tourism organizations, and I am honored and humbled to join their talented team to build on the excellent work they have done to position New York City as a vibrant and welcoming five-borough destination,” said Marty Markowitz.  “New York is America’s national city and our country’s top international travel destination, and in my new role, I look forward to helping NYC & Company keep it that way.”

Before joining NYC & Company, Markowitz served as the Brooklyn Borough President for the past 12 years, a period that included the revitalization of Coney Island and Brooklyn Bridge Park, the opening of the Barclays Center, and a surge in worldwide interest in Brooklyn as a visitor destination. His career in public service began in 1979, when he was elected to the New York State Senate for the first of 11 consecutive terms. Born in Crown Heights, he resides in Windsor Terrace with his wife, Jamie and Beep, theirAfrican gray parrot.

NYC & Company operates on a five-borough economic strategy, promoting all corners of the City through its various marketing, communications and tourism development channels, including its signature “Neighborhood x Neighborhood” program. Since 2005, NYC has seen approximately 41% of its new hotels open in the boroughs beyond Manhattan, giving visitors even more opportunities to not only visit, but stay in all boroughs of the city.

About NYC & Company:
NYC & Company is the official marketing, tourism and partnership organization for the City of New York, dedicated to maximizing travel and tourism opportunities throughout the five boroughs, building economic prosperity and spreading the positive image of New York City worldwide. For all there is to do and see in New York City, visit nycgo.com.

COMPTROLLER STRINGER ANNOUNCES REFORMS TO CITY MANAGEMENT OF INFORMATION TECHNOLOGY CONTRACTS

 

First New Directive Issued Since 2005 will Target Runaway Information Technology Consulting Costs

New York, NY – Comptroller Scott M. Stringer today announced he has proposed a draft directive to standardize oversight of Information Technology (IT) contracts with New York City.  The directive, the 31^st such directive issued since 1978, will create robust procedures for verifying the work done by the City’s IT consultants before they are paid.   

“Today marks a new day for how the City pays for and monitors Information Technology consulting contracts,” Stringer said.  “We’ve seen how millions of taxpayer dollars have been spent improperly due to lack of oversight and accountability. Moving forward, this directive will provide structure and accountability to ensure New York City gets what it pays for on its IT contracts.” 

Currently, there are no minimum standards for “Time and Materials” (billed by the hour) contracts for IT consultants including how City agencies process and verify IT consultant timesheets; how City agencies verify consultant credentials and work effort when approving invoices for payment; or what the roles and responsibilities are for City IT contract managers.

The directive will require:

• Time sheets to include a detailed description of the type of work completed and where it was performed.  Time sheets must be submitted within one month of the work being performed and approved by the City no more than one month later;
• Agencies to verify an individual’s qualifications for the rate at which the contractor is billing the City;
• A City employee to certify time sheets are accurate and an independent City employee to review these time sheets to ensure they correspond to contract parameters; and
• Agencies must specify the maximum allowable mark ups for personnel and material costs.

The City Charter grants the Comptroller the authority to dictate policies, procedures and standards for the accountability and control of New York City’s financial operations and transactions. This directive will be another step the Comptroller has taken to ensure that there are clear expectations on the agency and vendor side of monitoring and oversight of services. 

“I am looking at issues across the City, from settlements to audits to accounting, for ways in which we can work smarter, save money and get better results for taxpayers,” Stringer said.  “This directive will codify requirements for how the City oversees and manages payments to IT contract workers.  We will be working with City agencies over the coming weeks to implement this directive."

 

Wave Hill Events April 18–April 25

 

SAT, APRIL 19    FAMILY ART PROJECT: ECO FAIR

Celebrate nature by making arty, nature-inspired crafts from a variety of recycled materials. Fashion a plastic flower from a discarded CD, an egg-carton caterpillar, a board game of bottle caps, or decorate an Earth Day pin to display your care for our planet in this fun Eco Fair. Free, and admission to the grounds is free until noon.
WAVE HILL HOUSE, 10AM‒1PM

SAT, APRIL 19    TAI CHI CHUAN

Quiet like a mountain, moving like a river, Tai Chi is a sequence of gentle movements based on images found in nature. In this beginner-level class, Irving Yee, a member of the William CC Chen Tai Chi School, introduces students to the internal martial arts and promotes an awareness of its benefits. Sessions are held outdoors as weather permits. Session fee: $25/$15 Wave Hill Member. Register online and, day of, onsite at the Perkins Visitor Center. (Reservations may not be made by telephone.) Online registration closes at 8AM on the day of the session. Cancellations must be made by 3PM the Friday before; after that, refunds will not be made.  Drops-ins will be accommodated as the limited space permits. Participants must present a Member’s ID card or a printed program registration form at the front gate.

MEET AT PERKINS VISITOR CENTER, 10‒11AM

SAT, APRIL 19    WAVE HILL HISTORY WALK
Discover the fascinating history of Wave Hill’s architecture and landscape on a walk with a Wave Hill Garden Guide. Hear about the people who once called Wave Hill home, among them Mark Twain, Bashford Dean and Arturo Toscanini. Free, and admission to the grounds is free until noon. Illustrious Residents event.
MEET AT PERKINS VISITOR CENTER, 11AM

SAT, APRIL 19    GALLERY TOUR
Join a curatorial assistant for a tour of Wave Hill's spring exhibition, Prickly, Tender and Steamy: Artists in the Hothouse, which assembles artworks that were created during Wave Hill's Winter Workspace program over the last five years. During their residencies, Gabriela Albergaria, Carrie Beckmann, Susan Benarcik, Matthew Burcaw, Asuka Hishiki, Nick Lamia, Lina Puerta, Naomi Reis, Anne-Katrin Spiess, Linda Stillman, James Walsh and Marion Wilson closely examined, and were inspired by, the living collection in Wave Hill's Marco Polo Stufano Conservatory. Representing a wide variety of mediums, the works on view give visitors multiple ways to observe the plants in the Tropical, Palm, Cactus and Succulent Houses. In the Sunroom Project Space, Brandon Neubauer's installation incorporates video projection, photographs and recorded sounds to create a portrait of the Wave Hill site that engages time, optical phenomena, topography and found objects. Tours take place Tuesdays and Saturdays at 2PM. Free with admission to the grounds.
GLYNDOR GALLERY, 2PM

SUN, APRIL 20    FAMILY ART PROJECT: ECO FAIR

Celebrate nature by making arty, nature-inspired crafts from a variety of recycled materials. Fashion a plastic flower from a discarded CD, an egg-carton caterpillar, a board game of bottle caps, or decorate an Earth Day pin to display your care for our planet in this fun Eco Fair. Free with admission to the grounds.
WAVE HILL HOUSE, 10AM‒1PM

SUN, APRIL 20   HATHA YOGA

Reduce stress, increase your energy and bring strength and flexibility to mind, body and spirit with a yoga practice. Classes are led by Yoga for Bliss director Neem Dewji and other certified instructors. Ms. Dewji is certified in Hatha and Therapeutic Yoga from The Yoga for Health Foundation, England, and The Integral Yoga Institute, NYC. All levels welcome. Sessions are held indoors until May. Session fee: $25/$15 Wave Hill Member. Register online and, day of, onsite at the Perkins Visitor Center. (Reservations may not be made by telephone.) Online registration closes at 8AM on the day of the session. Cancellations must be made by 3PM the Friday before; after that, refunds will not be made.  Drops-ins will be accommodated as the limited space permits. Participants must present a Member’s ID card or a printed program registration form at the front gate.

MEET AT PERKINS VISITOR CENTER, 10‒11:15AM

SUN, APRIL 20    MEDITATION

This spring, take a moment to release stress and reconnect with your inner self while practicing meditation. Each session includes instruction in simple techniques followed by 20 to 30 minutes of meditation. Classes are led by Yoga for Bliss director Neem Dewji and other certified instructors. All levels welcome. Sessions are held indoors. Session fee: $25/$15 Wave Hill Member. Register online and, day of, onsite at the Perkins Visitor Center. (Reservations may not be made by telephone.) Online registration closes at 8AM on the day of the session. Cancellations must be made by 3PM the Friday before; after that, refunds will not be made. Drops-ins will be accommodated as the limited space permits. Participants must present a Member’s ID card or a printed program registration form at the front gate.

MEET AT PERKINS VISITOR CENTER, 11:30AM‒12:45PM

SUN, APRIL 20   GARDEN HIGHLIGHTS WALK

Join us for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.

MEET AT PERKINS VISITOR CENTER, 2PM

MON, APRIL 21

Closed to the public.

TUE, APRIL 22    GARDEN HIGHLIGHTS WALK

Join us for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free all day.
MEET AT PERKINS VISITOR CENTER, 11AM

TUE, APRIL 22    GALLERY TOUR
Join a curatorial assistant for a tour of Wave Hill's spring exhibition, Prickly, Tender and Steamy: Artists in the Hothouse, which assembles artworks that were created during Wave Hill's Winter Workspace program over the last five years. During their residencies, Gabriela Albergaria, Carrie Beckmann, Susan Benarcik, Matthew Burcaw, Asuka Hishiki, Nick Lamia, Lina Puerta, Naomi Reis, Anne-Katrin Spiess, Linda Stillman, James Walsh and Marion Wilson closely examined, and were inspired by, the living collection in Wave Hill's Marco Polo Stufano Conservatory. Representing a wide variety of mediums, the works on view give visitors multiple ways to observe the plants in the Tropical, Palm, Cactus and Succulent Houses. In the Sunroom Project Space, Brandon Neubauer's installation incorporates video projection, photographs and recorded sounds to create a portrait of the Wave Hill site that engages time, optical phenomena, topography and found objects. Tours take place Tuesdays and Saturdays at 2PM. Free, and admission to the grounds is free all day.
GLYNDOR GALLERY, 2PM

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  Open all year, Tuesday through Sunday and many major holidays: 9AM—4:30PM. Closes 5:30PM, March 15—October 31.  

ADMISSION  $8 adults, $4 students and seniors 65+, $2 children 6—18. Free Saturday mornings until noon. Free all day on Tuesdays in April. Free to Wave Hill Members and children under 6.

PROGRAM FEES  Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

DIRECTIONS – Getting here is easy! Located only 3o minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the 242^nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

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

 

Oral Arguments on FreshDirect Case Monday, April 7

 

Oral Arguments on FreshDirect Case Monday, April 7 Bronx Supreme Court,  851 Grand Concourse 8:30 am | Rally/Press Conference   Gather on the steps of  the Bronx Supreme Court facing 161st Street 9:30 am | Oral Arguments    Judge Brigantti-Hughes’s Court | Room 702 The community effort to challenge FreshDirect’s proposed move to the South  Bronx continues! Still before the Court is the legal claim challenging the  New York State Department of Transportation’s (DOT) approval of the  sublease of public land to FreshDirect in violation of the State Constitution  because the FreshDirect project eviscerates the public purpose of this  state-owned land. Originally, Judge Brigantti-Hughes dismissed the claim on  the grounds that the complaint alleged no DOT involvement in the  conveyance to FreshDirect. However, after the Judge issued her opinion, facts  became available to us establishing DOT’s involvement in the conveyance,  thus providing us with the opportunity to seek permission to amend our  complaint and move forward with our constitutional claim. Oral arguments  on Monday will address the new facts showing DOT's involvement in approving the FreshDirect project. Join us! * * * FreshDirect also faces numerous additional hurdles before it could break ground at Harlem River Yards. For example, in order for  portions of an approximately a $50 million subsidy package to be  awarded by the board of the Empire State Development  Corporation, the state must hold a public hearing. In a sign of  how difficult that approval could be, three months ago at the  behest of board member and South Bronx Congressman   Serrano, the Empowerment Zone board (housed at the  ESDC) denied FreshDirect $3.5 million in subsidies. In addition,  zoning regulations do not allow the project to proceed  as proposed, requiring a Uniform Land Use Review  Procedure process to take place, along with related public hearings. FreshDirect also faces setbacks that may impact its proposed move,   including a class action lawsuit filed last week against the company  by workers claiming that the company improperly withheld more  than $23 million in overtime wages and tips. In addition, Fresh Direct's sole international shareholder, UK grocer Morrison’s,  will sell its share in the company following an 11% drop in profits.

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