§ 9. Removal of mayor. The mayor may be removed from office by the
governor upon charges and after service upon him of a copy of the
charges and an opportunity to be heard in his defense. Pending the
preparation and disposition of charges, the governor may suspend the
mayor for a period not exceeding thirty days.
§ 10. Succession. a. In case of the suspension of the mayor from
office, the mayor's temporary inability to discharge the powers and
duties of the office of mayor by reason of sickness or otherwise, or the
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mayor's absence from the city, the powers and duties of the office of
mayor shall devolve upon the public advocate or the comptroller in that
order of succession until the suspension, inability or absence shall
cease. While so acting temporarily as mayor neither the public advocate
nor the comptroller shall exercise any power of appointment to or
removal from office or any power lawfully delegated by the mayor to a
deputy mayor before the commencement of such suspension or inability, or
before or after the commencement of such absence; and shall not, until
such suspension, inability or absence shall have continued nine days,
sign, approve or disapprove any local law or resolution, unless the
period during which the mayor can act thereon would expire during said
nine days in which case the public advocate or the comptroller shall
have the power to disapprove the same within forty-eight hours before
the time to act expires.
b. In the case of a failure of a person elected as mayor to qualify,
or a vacancy in the office caused by the mayor's resignation, removal,
death or permanent inability to discharge the powers and duties of the
office of mayor, such powers and duties shall devolve upon the public
advocate, the comptroller or a person selected pursuant to subdivision c
of section twenty-eight, in that order of succession, until a new mayor
shall be elected as provided herein. Upon the commencement of the term
of the person first elected mayor pursuant to the provisions of
subdivision c of this section, the person then acting as mayor pursuant
to the provisions of this subdivision, if an elected official, shall
complete the term of the office to which such person was elected if any
remains.
c. 1. Within three days of the occurrence of a vacancy in the office
of the mayor, the person acting as mayor shall proclaim the date for the
election or elections required by this subdivision, provide notice of
such proclamation to the city clerk and the board of elections and
publish notice thereof in the City Record. After the proclamation of the
date for an election to be held pursuant to paragraphs four or five of
this subdivision, the city clerk shall publish notice thereof not less
than twice in each week preceding the date of such election in
newspapers distributed within the city, and the board of elections shall
mail notice of such election to all registered voters within the city.
2. If a vacancy occurs during the first three years of the term, a
general election to fill the vacancy for the remainder of the unexpired
term shall be held in the year in which the vacancy occurs, unless the
vacancy occurs after the last day on which an occuring vacancy may be
filled at the general election in that same year with party nominations
of candidates for such election being made at a primary election, as
provided in section 6-116 of the election law. If such a vacancy occurs
in any year after such last day, it shall be filled for the remainder of
the unexpired term at the general election in the following year
provided, however, that no general election to fill a vacancy shall be
held in the last year of the term, except as provided in paragraph nine
of this subdivision. Party nominations of candidates for a general
election to fill a vacancy for the remainder of the unexpired term shall
be made at a primary election, except as provided in paragraph five of
this subdivision.
3. If a special or general election to fill the vacancy on an interim
basis has not been previously held pursuant to paragraphs four, six,
seven and eight of this subdivision, the person elected to fill the
vacancy for the remainder of the unexpired term at a general election
shall take office immediately upon qualification and shall serve until
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the term expires. If a special or general election to fill the vacancy
on an interim basis has been previously held, the person elected to fill
the vacancy for the remainder of the unexpired term at a general
election shall take office on January first of the year following such
general election and shall serve until the term expires.
4. If a vacancy occurs during the first three years of the term and on
or before the last day in the third year of the term on which an
occurring vacancy may be filled for the remainder of the unexpired term
at a general election with party nominations of candidates for such
election being made at a primary election, as provided in section 6-116
of the election law, a special or general election to fill the vacancy
on an interim basis shall be held, unless the vacancy occurs less than
ninety days before the next primary election at which party nominations
for a general election to fill the vacancy may be made and on or before
the last day on which an occurring vacancy may be filled for the
remainder of the unexpired term at the general election in the same year
in which the vacancy occurs with party nominations of candidates for
such election being made at a primary election, as provided in section
6-116 of the election law.
5. If a vacancy occurs after the last day in the third year of the
term on which an occurring vacancy may be filled for the remainder of
the unexpired term at a general election in each year with party
nominations of candidates for such election are being made at a primary
election, as provided in section 6-116 of the election law, but not less
than ninety days before the date of the primary election in the fourth
year of such term, a special or general election to fill such vacancy
for the remainder of the unexpired term shall be held.
6. Elections held pursuant to paragraph four or five of this
subdivision shall be scheduled in the following manner: a special
election to fill the vacancy shall be held on the first Tuesday at least
sixty days after the occurrence of the vacancy, provided that the person
acting as mayor, in the proclamation required by paragraph one of this
subdivision, may schedule such election for another day not more than
ten days after such Tuesday and not less than forty days after such
proclamation if the person acting as mayor determines that such
rescheduling is necessary to facilitate maximum voter participation;
except that
(a) if the vacancy occurs before September twentieth in any year and
the first Tuesday at least sixty days after the occurrence of the
vacancy is less than ninety days before a regularly scheduled general
election or between a primary and a general election, the vacancy shall
be filled at such general election; and
(b) if the vacancy occurs before September twentieth in any year and
the first Tuesday at least sixty days after the occurrence of the
vacancy is after a regularly scheduled general election, the vacancy
shall be filled at such general election; and
(c) if the vacancy occurs on or after September twentieth in any year
and the first Tuesday at least sixty days after the occurrence of the
vacancy is after, but less than thirty days after, a regularly scheduled
general election, the vacancy shall be filled at a special election to
be held on the first Tuesday in December in such year.
7. All nominations for elections to fill vacancies held pursuant to
paragraphs four and five of this subdivision shall be by independent
nominating petition. A signature on an independent nominating petition
made earlier than the date of the proclamation required by paragraph one
of this subdivision shall not be counted.
Saturday, May 28, 2016
Friday, May 27, 2016
Overdevelopment, an Example - 640 West 238th Street
The problem with overdevelopment is that the open green spaces where there was once grass are covered over by cement, and the once beautiful shade trees are cut down by developers who want to build on every inch of the property which they have purchased. That one family home on a decent sized lot is torn down to build an apartment building such as the proposed eight story building for the address of 640 West 238th Street where a one family home once stood. This eight story apartment building will be built to the property line leaving a cement sidewalk as the only space in front of the building where a grass yard once was. As for the apartment building on the Independence Avenue side (the Bonnie House) the A line of that building was built to the property line, which means the windows that once overlooked a one family house will now be smack up against a cement wall. Don't worry the developer of 640 West 238th Street is going to brick up those windows so it will seem as though they never existed. Air conditioners will have to be removed, and there will be no ventilation from the east side anymore. Since the Bonnie house is a coop building the apartments mostly has dropped in value, especially the value of the apartments in the A line of the building. As for being a good neighbor the photos below will show just how little respect the developer of 640 West 238th Street has for the community, as the heavy, large demolition and construction vehicles have ruined the street, with no regard for the island in the middle of the block, placed construction equipment on sidewalks around the corner, blocked the one fire hydrant at the Independence Avenue side of West 238th Street, and how the trucks run up onto the sidewalk or island in the middle because they were just to large for the construction area. While I do not have a photo of a construction truck hitting the fire hydrant there are cracks in the sidewalk, and you can see just how careful workers were after I noticed the cracks. Oh by the way did I forget to say that the developer told the community board that all vehicles would load/unload on site, and that there would be flagmen at both sides when trucks arrived or left the site, see if you can spot them in the photos.
Above - This driver has the gall to pose on his truck as it sits at the edge of the island that he just went onto.
Below - After my complaints that construction trucks were going onto the island this orange fencing was put up by the developer, but apparently to no avail as you can see its conditionand where this truck is.
Above - Notice this piece of heavy equipment with its large metal cleats.
Below - Notice what those metal cleats and weight of the equipment did to the street and patch after other heavy equipment tore up the street.
Above - A piece of heavy equipment (a back hoe) sits on West 238th Street in front of the fire hydrant.
Below - Another piece of equipment sits by the hydrant, blocking fire department access if there was an emergency. Notice the cracks in the sidewalk around the hydrant.
Above - A smaller piece of construction sits partly on the side walk around the corner on Independence Avenue.
Below This truck comes nowhere near fitting into the construction site, and where are the flag people?
Above - One dump truck sits in front of the hydrant while anothe loads dirt from the site. Flagman anywhere? You can also see some of the windows of the bonnie house that will be bricked over so the view is not of a brick wall.
Below - A truck blocks the entrance to West 238th Street as another is on site, and a flatbed truck is double parked across from it on Independence Avenue to take away the piece of equipment which was partially parked on the sidewalk. Mind you this is right before dismissal of the two schools one block away.
Above and Below - This oversized truck has to go onto the sidewalk of the wrong side of the island narrowly missing the light pole as a child nears. I don't see anyone guiding this truck which is picking up a piece of heavy equipment.
Above - A close up of just how close this truck came to knocking down the light pole.
Below - The heavy piece of construction equipment has to be loaded around the corner on Blackstone Avenue. You can see that this piece of heavy construction equipment is to big for the trailer, and it is a good thing that it did not fall off. Assemblyman Jeffrey Dinowitz who lives just to the left was not home, while this was going on.
Above - A hose was connected to the fire hydrant to clean out the cement trucks that dropped their load for the foundation.
Below - If I didn't complain this is how the street would have been left.
Speaking of the cement poured for the foundation -Why was this 'STOP WORK ORDER' posted for 640 West 238th Street the Monday after a New York City Buildings Department worker took samples of the cement used for the foundation the previous Friday?
Senator Jeff Klein to Hosts Senior Citizen Prom at Hebrew Home of Riverdale Riverwalk
State Senator Jeff Klein, in partnership with Hebrew Home at Riverdale Kingsbridge Riverdale Van Cortlandt Parkway, hosted Riverdale’s first-ever Senior Citizen Prom yesterday.
Senior citizens throughout Riverdale enjoyed a “New York, New York”-themed senior prom. There was live music, delicious food, and even dancing by most of the attendees.
Above - State Senator Jeff Klein (left), and Mr. Dan Reingold President and CEO of the Hebrew Home of Riverdale (right) welcomed everyone to the first Senior Prom at the Hebrew Home of Riverdale.
Below - Senator Klein draws the name of the king of the Senior Prom, after Mr. Drew the name of the Queen of the Senior Prom.
Above - The King Richard Prendergast with Senator Klein, and the Queen Carmel Sullivan with Hebrew Home CEO Dan Reingold. The first dance was to Frank Sinatra's "New York, New York".
Below - It did not take long for the joint to begin jumping.
While I could not get a good photo of Senator Klein dancing, Here is one of Hebrew Home CEO Dan Reingold.
Senator Jeff Klein, Assemblyman Mark Gjonaj, and Bronx Borough President Ruben Diaz Host 4th Annual Bronx Day in Albany
Pictured above - Bronx Democratic County Leader Assemblyman Marcos Crespo, Borough President Ruben Diaz, State Senator Jeff Klein, Assemblyman Mark Gjonaj, along with the Bronx Overall Economic Development Corporation, The Bronx Tourism Council, and Bronx Chamber of Commerce hosted the 4th Annual Bronx Day on Tuesday at The Egg - The Hart Theater Lounge, Empire State Plaza in Albany, New York.
“Bronx Day is a great opportunity to showcase the culture, businesses, and outstanding organizations that make The Bronx such a unique and wonderful part of New York. This is a chance to bring a small taste of The Bronx up to our Capitol in Albany. I am happy to co-sponsor this event with Assemblyman Mark Gjonaj and Bronx Borough President Ruben Diaz, Jr., as we celebrate our borough and its rich cultural fabric,” said State Senator Jeff Klein.
“Great things are happening in The Bronx, and ‘Bronx Day’ is a wonderful way to highlight our achievements to the New York State Legislature. On Tuesday, we showcased the ‘Best of The Bronx’ with the participation of our businesses, restaurants and cultural institutions. I am proud to once again partner with Assembly Member Mark Gjonaj and State Senator Jeff Klein on this fantastic event,” said Bronx Borough President Ruben Diaz Jr.
“I am very excited to be able to host Bronx Day in Albany once again! As usual, we bring the best of the Bronx to Albany to highlight the wonderful organizations, businesses, cuisines and entertainment that our borough is proud to exhibit,” said Assemblyman Mark Gjonaj.
The celebration commenced with a cannoli-tasting contest, won by the famous Artuso’s Bakery, and a raffle with a 2015 Jeep Renegade grand prize. After the luncheon, hundreds of attendees enjoyed an evening dinner, where they sampled Italian delicacies from Little Italy and Arthur Avenue restaurants, all while being serenaded by vocalist Elio Scaccio and the band the Jumpin’ Dragons.
Friends of Van Cortlandt Park - Picnic Supper & Concert
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Get Your Tickets Now!
Our guests will enjoy:
Round-trip transportation from Manhattan Free parking at Manhattan College (location is easily accessible by public transportation too) Picnic Supper with Libations under a tent at Van Cortlandt House Museum Reserved V.I.P. seating on chairs for the New York Philharmonic Concert on the Parade Ground *** New This Year: Musicians will be playing under our tent during our supper*** Special Thank You to Our Sponsors to Date Silver Carter, Ledyard and Milburn Manhattan College Felicity Nitz Christopher Rizzo Bronze Richard & Sue Baldwin Linda Cox & John Robinson Kyle Kimball Kingsbridge Associates LLC Mrs. & Mrs. Jody Klein Lehman College Lemle & Wolff Inc. Charles McKinney Ridgewood Savings Bank David Steinberger & Dara Caponigro
Get Your Tickets Now!
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Thursday, May 26, 2016
A.G. Schneiderman Announces Settlement With Pharmacy That Billed Medicaid For 4,600 Prescriptions Written By Excluded Provider
Pharmacy To Pay $478K In Restitution And Damages
Schneiderman: My Office Will Continue Working To Root Out Medicaid Fraud And Recover Unlawfully Claimed Funds
Attorney General Eric T. Schneiderman announced today that his office has entered into a settlement agreement with Vascuscript, Inc., d/b/a Mobile Pharmacy Solutions, to resolve allegations that it billed Medicaid for prescriptions which were written by an excluded Medicaid Provider.
“When Medicaid payment is obtained for prescriptions ordered by an excluded Medicaid Provider, New York tax dollars are spent on services which are ineligible for such payment,” said Attorney General Schneiderman. “My office will continue working to root out Medicaid fraud and recover unlawfully claimed funds, so that Medicaid can continue providing critical services for those in need.”
The Attorney General’s investigation determined that from April 21, 2010, through January 25, 2013, Vascuscript, Inc. submitted and received payment on approximately 4,600 claims to Medicaid for prescriptions that were written by Dr. Mikhail Strutsovskiy. The Department of Health had previously excluded Dr. Strutsovskiy from the Medicaid program, rendering prescriptions written by him ineligible for Medicaid reimbursement. Before filling a prescription, pharmacies are required under Medicaid billing rules to first ascertain whether the prescriber’s services are eligible for reimbursement. Because Vascuscript did not do so, it filled and delivered the prescriptions written by Dr. Strutsovskiy that were not eligible for Medicaid reimbursement.
As a result of the Attorney General’s settlement with Vascuscript, Inc, the pharmacy will pay New York State $442,000 plus $36,000 in damages pursuant to the New York False Claims Act.