Uber Settlement, Gun Violence & More From Attorney General Eric T. Schneiderman

Enhancing Data Privacy For Uber Passengers

The Attorney General announced a settlement with Uber that requires the company to adopt leading data security protection practices to protect its riders’ personal information. The Attorney General’s investigation began after several public reports that Uber executives and staff have access to riders’ geo-location information in real time. The settlement requires Uber to encrypt rider geo-location information, adopt multi-factor authentication that would be required before any employee could access especially sensitive rider personal information, as well as other leading data security practices.  It also requires Uber to pay a $20,000 penalty for failure to provide timely notice to drivers and the Attorney General’s office regarding a data breach that occurred in September 2014. 

Bringing Drug Runners To Justice

The leader of a major Capital Region drug ring has been sentenced to 10 years in prison. Daquan Murray, aka “Benji Got The Juice,” was part of a Troy Gang called the Young Gunnerz, who allegedly purchased large quantities of drugs from a supplier in the Bronx, and then brought the narcotics back to Troy for distribution throughout Albany County, Rensselaer County, Saratoga County, and elsewhere in and outside of New York State. The case against the Young Gunnerz gang has resulted in criminal charges against 21 defendants. To date, 15 have pleaded guilty. 

Protecting Competition In Elder Care

Competition among health service providers is critical for New Yorkers, which is why the Attorney General has reached a settlement with UnitedHealth Group resolving concerns that the company’s business practices in the state unlawfully restrained competition in the market for certain elder and long-term care insurance products. The Attorney General’s office had received complaints that UnitedHealth was requiring skilled nursing facilities looking to participate in its insurance network to also contract with the company for a separate institutional special needs plan. This settlement will preserve the vibrant competition among institutional special needs providers, and will ensure freedom of choice for skilled nursing facilities and their patients. 

Protecting Access To Abortion Services

The Attorney General is leading a coalition of 13 states urging the Supreme Court to protect the constitutional right to access abortion services. The friend-of-the-court brief asks the Court to invalidate two provisions of Texas law that significantly restrict access to abortion services in the state. The provisions at issue—requiring doctors to have admitting privileges at a nearby hospital, and requiring clinics to comply with the standards for surgical clinics—were purportedly enacted to protect the health of women, but the trial court found that the provisions would not in fact protect women’s health, and could even undermine it. The Attorney General is committed to ensuring that all women have free access to a full range of reproductive health care services. 

Uncovering Nursing Home Neglect

 The Attorney General announced the guilty plea of the Mohawk Valley Health Care Center over allegations of a cover-up of resident abuse and neglect. The plea resolves allegations arising from the suppression of two incidents of patient abuse and neglect, and related charges of falsifying records. One alleged incident involved a medication error that went unnoticed for several days, while the second alleged incident involved a resident suffering from dementia engaging in unlawful sexual conduct towards another resident in an unsupervised dining room. When these incidents came to light, it is alleged that owner Gerald “Jerry” Wood III criminally eavesdropped on investigators from the Attorney General’s Office while they were conducting an interview with a nursing home employee about the incidents. The Attorney General is committed to holding nursing facilities accountable for their responsibility to treat patients with the dignity and respect they deserve.

Stopping The Theft Of State Pension Benefits

The Attorney General and State Comptroller Thomas DiNapoli announced the sentencing of Terence Fitzpatrick for stealing more than $78,000 in state pension benefits. Fitzpatrick, a resident of New Jersey, was accused of stealing the benefits issued to his deceased godfather, Thomas Sullivan, who died in 2003. Fitzpatrick, who had been acting as power of attorney on behalf of Sullivan, failed to notify the retirement system of the death of his godfather or his wife, who had received Sullivan’s benefits until 2006.  Instead, Fitzpatrick utilized his power of attorney to access the account and withdraw pension benefits paid on Sullivan’s behalf during a six-year period between November 2006 and August 2012. 

Taking Down An Insurance Brokerage Fraud Scheme

Two Rochester residents have been arrested for allegedly perpetrating a scheme to defraud clients of their Rochester insurance brokerage. It is alleged that over a period of 3 years, Gary and Bonnie Gubiotti stole from agency clients by falsely inflating insurance premiums, failing to remit refunds, and forging finance agreements. It is charged that in total, the duo stole more than $150,000 from clients, and both face up to 15 years in prison, if convicted. New Yorkers trust their insurance brokers to provide them with honest advice and coverage in the event of an emergency, and violating that trust to line one’s own pockets will be prosecuted by the Attorney General to the fullest extent of the law. 

Protecting Medicaid Against Fraud

Schenectady personal care aid Nicholas Gallup has been sentenced for submitting false time sheets to Capital District Physicians Health Plan, causing more than $1,000 in overcharges to Medicaid. Gallup with a co-defendant, allegedly failed to provide services to a Medicaid recipient over a period of three months, and even called into a telephone time-keeping system to falsely document that they had provided care for the Medicaid recipient. In a separate case, a Rochester nurse, Schmeka Morgan, will return more than $8,000 to Medicaid for fraudulently billing Medicaid hours that she did not work. Morgan also faces three years’ probation as a result of her actions. 

Have a question, comment, or complaint? Click here. You can also learn more about the various initiatives of the Attorney General's office by visiting our website at ag.ny.gov. 

Statement from Council Member Andy King on Gov. Cuomo’s Higher Education Initiative in New York Prisons

  “College degrees are road maps to good jobs, good earning potential and better self worth. Helping a prisoner reform their life and re-enter society with a post-secondary education is a good investment. It costs less to educate an inmate than it does to house one in prison. Kudos to Gov. Cuomo for using crime money to fight crime and recidivism,” said Council Member Andy King, Co-Chair of the Black, Latino and Asian Caucus.

Upcoming Events From the Bronx Democratic County Committee

Dear Bronx Democrat, Below is a list of upcoming events. Attached you will find flyers for each event.

Petitioning for Salamanca 2016 When: See below Where: BDCC HQ - 1640 Eastchester Rd., Bronx, NY The Bronx Democratic County Committee endorsed Candidate Rafael Salamanca Jr. for the Special Election in the 17th City Council District and is requesting petitioning volunteers this week. There will be three time slots:  Thursday (today) 1/7 from 6-9pm,  Saturday 1/9 between 9-1pm and/or  Saturday 1/9 1-5pm If interested, please e-mail Anthony Perez at aperez@bronxdems.org or call 646-247-2670

The Three Kings in the Bronx When: Sat. 01/9/16 at 12p Where: P.S. 5 - 564 Jackson Ave. (corner of E. 149 St.) Sen. Ruben Diaz, Sr., Assemblyman Marcos Crespo, Assemblyman Luis Sepulveda, and Candidate for the 17th Council District Mr. Rafael Salamanca, invite you to celebrate The Three Kings in the Bronx. Free toys for the first 500 children between the ages of 1-9. Children must be present at the activity.  For more information, please contact Leila Martinez at 718-991-3161. Click to Enlarge

Bronx County Family Court Bar Association 5th Annual Awards Dinner When: Thurs. 1/14/16 from 6- 11pm Where: Maestro's Caterers - 1703 Bronxdale Ave. Bronx, NY The Bronx County Family Court Bar Association is hosting its 5th Annual Awards Dinner honoring Hon. Carol Sherman, Dawne Mitchell, Esq, and Speaker of the NYS Assembly Carl Heastie. Admission prices are $80 for members and $95 for non-members. There will be raffle tickets for sale for NY Knicks tickets and a weeklong vacation in a NJ beach home. To RSVP or for additional information, contactgreifinger@msn.com.  Click to Enlarge

MulchFest 2016: Recycle Your Christmas TreeWhen:  Weekend of 1/9/16Where: TBA - contact 311 Council Member Annabel Palma invites you to participate in turning your Christmas tree to mulch!  For more information, contact 311 or visitnyc.gov/parks Click to Enlarge

CM Gibson & the NYPL Mini College & Job Expo When:   Fri. 1/29/16 from 11am - 4pm Where:    Morrisania NYPL Branch, 610 E. 169 St. Bronx, NY (corner of Franklin Ave.) Council member Vanessa Gibson and the New York Public Library present the Mini College & Job Expo. Bring your resume and business attire.  For a list of colleges and employers, please go to the Morrisania NYPL Branch website. Click to Enlarge

In solidarity,   Hon. Marcos A. Crespo, Chair The Bronx Democratic County Committee 1640 Eastchester Rd.

100 PERCENT Saturday January 9,, 2016

100 PERCENT

By Robert Press

Jeffrey Dinowitz in the South Bronx?

   I was hoping to have been back in print by now, but due to circumstances beyond my control there has been another delay. The target date now is early in March, as many of you have been asking when the new Bronx County News would be coming out. All I can write is please have patience, and you will not be disappointed. 

   BJ's newest club store located at 184 West 237th Street (off Broadway) in the Kingsbridge section of the Bronx had its preview showing, and is now open for business. You can check this blog archive for photos of the new BJ's

  Sunday is 'NO PANTS DAY', and if you are riding the subway you probably will see many people with and without their pants. If one really wants to see someone with their pants down, all one has to look is no further than City Hall. Mayor Bill de Blasio seems to be caught with his pants down on the issue of homelessness. The mayor now says that it was the problem of the previous mayor, but Bill de Blasio is now entering his third year as mayor. Also wasn't Bill de Blasio the previous Public Advocate before being elected mayor? He must be having memory lapses from that incident with the box truck in Brooklyn. Maybe Mayor Bill de Blasio should spend a night or two in a homeless shelter just to find out the conditions like Public Advocate Bill de Blasio did at a NYCHA housing project. Come to think of it things have not gotten much better at NYCHA under Mayor Bill de Blasio either.  

   While on the subject of politics, the more things change in Albany the more they stay the same. With a new Speaker of the Assembly and a new State Senate Majority Leader due to their former colleagues being convicted of corruption in office just when will there be reforms. How many more state legislatures will have to be indicted and convicted, and how soon will it take to get the much needed reforms in Albany. 

   Today was the 'Three Kings Day in the Bronx' by State Senator Ruben Diaz Sr. It is the posting right before this one, and the photos will tell you the whole story. The only person missing in this event from Senator Diaz's previous event was New York State Republican Party Chairman Ed Cox. It would have been nice for him to be on stage with Bronx Democratic County Leader Assemblyman Marcos Crespo. However the Republican Party Chairman's name did appear on the flyer for the event along with that of Bronx Democratic County Leader Marcos Crespo's name. 

   Another constant of both events was that Bronx Community Board #2 District Manager Rafael Salamanca was listed as a community leader in another political event for him in a public school as a candidate for the upcoming 17th City Council Special Election. I hear that troops from Riverdale had to be called out to help Salamanca in getting signatures in the South Bronx, and I wonder how late they stayed 'Out in the Hood'. More people that Salamanca will be beholding to, and I will have more on the record of Bronx Community Board #2 District Manager Rafael Salamanca in upcoming columns, with special postings of his probable conflicts of interest that the Conflict of Interest Board and Campaign Finance Board may want to know about. I don't expect candidate Salamanca to make it to the finish line. 

   If you have any political information (especially about the 17th City Council special election) that you want to share or have checked out, any comments about this column or would like to have an event listed or covered in this column or on this blog, you can e-mail us at 100percentbronxnews@gmail.com or call 718-644-4199 Mr. Robert Press.   

     

    

Senator Diaz Sr. THREE KINGS IN THE BRONX

  It was billed as the 'Three Kings Comes to The Bronx' at PS/MS 5 (on Jackson Avenue) the usual Senator Ruben Diaz Sr. 'Three Kings' event. Like years before PS/MS 5 was chosen since that is the school that Senator Diaz's son (now Bronx Borough President)  Ruben "Rubencito' Diaz Jr. went to as a child. Assemblymen Luis Sepulveda and Marcos Crespo were also a part of the tradition as were several Taiwanese businesses and cultural organizations. So what was different about this years Three Kings event by Senator Diaz Sr.?

  This year Community Board #2 District Manager Rafael Salamanca was added to the marque as a Community Leader. If Mr. Salamanca is such a community leader where was he during the past events? Don't be fooled by a puppet maker who is also a New York State Senator, this was purely a political event to further the candidacy of someone who is campaigning for the vacant 17th City Council seat. Senator Diaz Sr. in his previous event with his puppet Rafael Salamanca gave out toys for Christmas on December 15th at IS 216 (on Tiffany Street near Senator Diaz's office) with the New York State Republican Party Chairman Ed Cox. Since the Bronx Democratic County Leader Assemblyman Marcos Crespo was at today's event, the New York State Republican Party Chairman's name was put in small letters at the bottom of the flyer as to make you think it was a Democratic event only. I was not able to ask Bronx Democratic County Leader Marcos Crespo how it felt to be at an event being sponsored by New York State Republican Party Chairman Ed Cox, but my next question will have to be if Crespo will be supporting Donald Trump if he gets the Republican line for President. The photos below will tell the rest of the story.

Above - State Senator Ruben Diaz Sr. was the first elected official to arrive, and he spoke in both English and Spanish. 

Below - Senator Diaz introduces Assemblyman Luis Sepulveda who stayed for a while, but had another Three Kings event with State Senator Jeff Klein in his own assembly district.

Above and Below - Children from Rompedores de Atmosfera led by talented Ashley Rodriguez in black, performed

Above - Another group of children performed for the packed audience.

Below - Senator Diaz brought up all the Taiwanese businesses and cultural organizations representatives.

Above - Bronx Borough President Ruben 'Rubencito' Diaz Jr. says a few words to the audience as you see the Taiwanese businesses and cultural organizations representatives. holding proclamations they were given.

Below - Children are asked questions about the Three Kings by one of the Taiwanese business leaders. Both answered correctly.

Above - So called Community Leader Salamanca arrived last, and we can see just how interesting his speech was by the reaction of Bronx Democratic County Leader Marcos Crespo, and the movement of the hands of Senator Diaz. 

Below - The Three Kings finally arrived after all the speeches. 

Above - You can see Salamanca with a handful of gift cards to give one to each child for a correct answer to a question about the Three Kings. Or was it to buy their parents vote. 

Below - Salamanca hands a card to this child. 

Above and Below - It went on child after child. They were asked a question by Senator Diaz or Assemblyman Crespo, given 10 or 20 dollars if they were correct, and then receive a gift card from Bronx Community Board #2 District Manager Salamanca.

Above - Salamanca looks to see just what kind of gift card he is giving out to the children.

Below - When the event over there were some gift cards left over. I wonder what happened to them? 

Above - It was then time to give out the toys to the children that were stacked on the stage, 

Below - That is Senator Diaz Sr.'s candidate for mayor in 2013 Erik Salgado standing next to Salamanca. They look good together, as Salgado was crushed in the mayors race. 

IDC unveils New York 2020 Agenda: A Blueprint for a Better New York, Robust policy package addresses education, housing, jobs and quality-of-life for all New Yorkers

  Robust policy package addresses education, housing, jobs and quality-of-life for all New Yorkers

Albany, NY — The Independent Democratic Conference released the New York 2020 Agenda: A Blueprint for a Better New York on Thursday, a comprehensive policy package focused on improving education, housing, employment and quality-of-life in every corner of New York State.

On a foundation of four pillars: Educate New York 2020; House New York 2020; Work New York 2020; and Live New York 2020, the visionary agenda builds upon the IDC’s bold Invest New York and Affordable New York agendas to address the needs of working- and middle-class New Yorkers. The ambitious goals in each of the 2020 plans lay out a four-year path to lift up the state.

Chief among the IDC’s proposals are:

• A new, 12-week paid family leave proposal that will ensure New York’s workforce finally can afford to take needed time to welcome a child into the world or care for an ill-loved one. Under a new proposal, the IDC seeks to grant employees 12 weeks of paid family leave to care for a new child or sick loved one. This Family Care benefit would be separate from traditional disability insurance however would still operate out of the Temporary Disability Insurance (TDI) system, which grants 26-weeks off to injured and disabled workers. Temporary Disability Leave would continue to be funded through joint employee/employer contributions and disability benefits would significantly increase to match Family Care Leave benefits to $700 a week compared to the current maximum benefit of $170 a week.

• The creation of the “50-hour learning week” by investing $550 million in afterschool programs, the support of existing Community Learning Schools and the development of 400 new Community Learning Schools, as well as a Kindergarten Fund financed by unclaimed lottery money.
• The development of an innovative zero-interest college loan program to keep college students out of the red. College graduates in New York State are strapped with an average $26,000 debt. The IDC envisions the New York Achieve Loan Program, a zero-interest loan fund created with $500 million of settlement monies, to keep college affordable and invest in the future of our state. Loans would be granted to first-time undergraduate students who finish in the top five of their high school class with a 3.5 GPA or higher or score a combined 1200 or more on the SAT or a composite score of 27 or higher on the ACT. Students could apply for the loans after accepting all federal, state and grant aid and could use up to $6,500 a year on a private or public, four-year institution.
• A continued commitment to the New York Public Housing Authority will help cure the deplorable conditions faced by tenants. The IDC proposes the creation of the Public Housing Revitalization Fund to administer state grants for critical repairs in NYCHA developments. Building on last year’s $100 million commitment from the state, the IDC calls for another $100 million in state funding for NYCHA to be matched by New York City and a dedication of future excess Battery Park City Authority surplus revenues, which would provide an additional $400 million for repairs.
• Raising the wage for caretakers to $15 an hour will ensure that we care for those who take care of our loved ones. While home health aides care for our most vulnerable citizens they earn a meager $10.75 an hour and personal care aides make just a little more at $11.73. Half of the human service workers, like social workers or child care workers, earn less than $15 per hour, even though two thirds require college degrees to work. While New York State relies on these workers to deliver the critical services for our most vulnerable citizens, the state must do its part to raise its Medicaid reimbursement rates to service providers to ensure that these necessary wage increases do not lead to cuts in services. The IDC is advocating that these workers receive a $15 wage in light of Governor Cuomo’s announcement that state workers would receive a $15 minimum wage.

“As legislators, we must be the architects of a great destiny for every citizen in the state of New York. The IDC’s blueprints will build up this state over the next four years to enhance the lives of people in every corner of this state through paid family leave, enriching afterschool activities, zero-interest loans to leave our college students debt-free, middle-class affordable housing, NYCHA revitalization and protections for our seniors, to name a few. Together we can and will create a better New York,” said Independent Democratic Conference Leader Jeff Klein.

“Upstate revitalization depends on new job creation and meeting the needs of industries facing demand for skilled employees. Manufacturers, especially, need more skilled workers than are currently available. The New York State Manufacturers Intermediary Apprenticeship Program  (MIAP) will help companies create apprenticeship programs that simultaneously provide training and also put unemployed New Yorkers back to work,” said Independent Democratic Conference Deputy Leader David Valesky.

“Building the New York we need today means building for the New York we want tomorrow. With the IDC’s New York 2020 Agenda, the steps we take today will ensure that over the next four years we will improve the education, housing, work and overall lives of all New Yorkers. Our continued commitment to the New York Public Housing Authority will focus on addressing the deplorable conditions that tenants face, through the creation of the Public Housing Revitalization Fund, which will build on our previous work. With New York 2020, we will lay the foundation for the New York of tomorrow,” said State Senator Diane Savino.

“With the start of the new legislative session, we must enact common sense measures to strengthen New York's middle class and provide families across our state with the foundation for a brighter tomorrow. The IDC's New York 2020 Agenda lays out a comprehensive policy package that delivers real relief for all New Yorkers, by providing paid family leave, dependent care and commuter toll tax credits for middle class families, zero-interest loans and pre-paid college tuition for students, and ending the Gap Elimination once and for all. New Yorkers deserve the peace of mind that comes with a secure financial future, and through the IDC's 2020 agenda we will achieve that reality,” said State Senator David Carlucci.

“Our legislative priorities this upcoming session strike at the core of what will drive New York forward into the new year and beyond. From the moment a child enters a New York kindergarten up to the moment they’re no longer children at all and looking to finance their college tuition, the IDC’s proposals will lend a helping hand. Our infrastructure needs rebuilding and our unemployed are in need of a fair wage; The IDC will be the first in Albany pushing for the stone that gets two birds by creating jobs to repair our aging infrastructure. Over these next four years, we are redoubling our efforts and building a foundation on which middle class and working-class families thrive,” said State Senator Tony Avella.

Other signature issues include:

• Passing Zombie Property Legislation - Vacant and abandoned properties are a blight on our communities, causing devastating effects on the well-being of neighborhoods. The decaying houses can have a corrosive effect on localities, quickly turning into row upon row of boarded-up buildings that create hazardous areas and devalue homes. The IDC calls for a statewide registry of vacant and abandoned residential properties, while imposing a duty on mortgagees and loan servicing agents to take early action in protecting communities from crumbling homes.
  
• Developing more affordable middle-income housing -  The IDC has sought to revive the spirit of Mitchell Lama by providing significant funding for middle-income housing for the first time in decades. Last year, the IDC successfully secured $50 million: $25 million to rehabilitate existing Mitchell Lama buildings and $25 million for the Middle Income Housing Program, which serves families with incomes up to 130 percent of the AMI. Over the next four years, the IDC would like to see a $700 million investment in the Middle Income Housing Program to construct new, affordable housing for working families. The IDC also proposes a Middle Income Housing Tax Credit, a 4 percent refundable tax credit, to spur the creation of units for families making up to 130 percent of the AMI.
  
• Implementing ‘A New Deal for New York’ - New York State’s infrastructure needs an upgrade and New Yorkers need new and more jobs. The creation of the Empire Public Works Fund (EPW), the Community Jobs Program (CJP) and the New York State Manufacturers Intermediary Apprenticeship Program  (MIAP) will help rebuild aging structures and put unemployed New Yorkers back to work. The EPW is a revolving loan fund for major infrastructure projects like bridges, tunnels, sewer systems or toll roads that would provide loans to state entities for major projects. The CJP provides grants for smaller neighborhood level projects that revitalize communities, expand small business opportunities and put chronically unemployed people back to work. Preference would be given to projects with long-term employment offers and starting wages set at $15 an hour. The MIAP program would be a public-private partnership between employers and New York State to give small and medium manufacturing firms in the state an opportunity to create registered apprenticeship programs without having to deal with many of the administrative burdens that make this an expensive and difficult task beyond the capabilities of many firms.
  

• Increasing funding for quality child care and keeping day care centers safe - Working families need affordable, quality childcare. The IDC wants increased funding for the Child Care and Development Block Grant, a child care tax credit and investment in the Quality Stars program. With a call for increased funding for child care, the IDC also recognizes the need for parents to be fully informed of the safety conditions within a day cares’ walls. Alarmingly, the IDC discovered unsanitary and unsafe conditions in New York City day cares. Many providers were serial offenders — 88 operators were cited during every annual inspection and for the same infraction. Many failed their inspections 100 percent of the time. Parents have difficulties tracking down violation information and during an undercover investigation, operators were deceptive about their histories. A letter-grading system for day care centers will provide a clear way for parents and guardians to understand how a day care center performed on their annual inspection.

• Protecting New Yorkers from high utility costs - New Yorkers pay exorbitant utility rates, but have no say in the rate-setting process, unlike other states that have a Utility Consumer Advocate. The IDC calls for the appointment of a Utility Consumer Advocate who would operate independently and provide a meaningful voice for consumers. In addition, to help low- and middle-class seniors the IDC proposes the Senior Heating Assistance Program (SHEAP), which would serve seniors with an annual income of less than $75,000 for a family of two or $55,000 for an individual, with a fixed benefit for heating costs.

Advocates and experts praised the pillars of IDC’s New York 2020: A Blueprint for a Better New York.