Tuesday, June 30, 2020

Governor Cuomo Announces State to Decide Wednesday Whether to Slow Reopening of Indoor Dining in New York City


Announces Western New York Cleared by Global Public Health Experts to Enter Phase 4 Of Reopening Tomorrow

Calls on President Trump to Issue Executive Order Requiring All Americans to Wear Masks in Public

Announces 2020 MTV Video Music Awards to Be Held with Limited to No Audience at Barclays Center in Brooklyn on Sunday, August 30

Announces Large Malls Will be Required to Adopt Air Conditioning Filters Capable of Filtering COVID-19

Directs New York State Police to Form Temporary Fireworks Enforcement Detail

0.84 Percent of Yesterday's COVID-19 Tests were Positive

7 COVID-19 Deaths in New York State Yesterday

Hospitalizations Down to 853

Confirms 391 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 392,930; New Cases in 35 Counties

Governor Cuomo: "One of the issues we're working on in New York, indoor dining has shown that it has been problematic. That a virus spreads in closed, indoor areas that have air conditioned systems. We know that indoor dining has been problematic. Outdoor dining has worked very well all across the state, New York City included. The state's going to be reviewing the data and consulting with stake holders in New York City."

Cuomo: "We're not going backwards, we're going forwards. Lot of these other states have actually had to go backwards. They started to reopen and they had to stop. But, we want to study this issue primarily New York City on indoor dining and we'll have a final decision by Wednesday so people who operate those types of businesses will know what we're doing."

Cuomo: "There are air filtration devices— air filters that can actually help with the COVID virus, and NASA has studied these. There are HEPA filters, which are High-Efficiency Particulate Air filters that can actually filter out the COVID virus... So any malls that will open in New York— large malls— we will make it mandatory that they have air filtration systems that can filter out the COVID virus."

Governor Cuomo: "The President can do two things. First, sign an executive order directing everyone to wear a mask... Then let the President lead by example and let the President put a mask on it because we know it works. We've proven that it works in the State of New York."

Governor Andrew M. Cuomo announced the state will decide on Wednesday whether to slow down the reopening of indoor dining in New York City as part of Phase 3 of reopening. Indoor dining has been shown to pose risks in other states, and outdoor dining has been proceeding well. New York State will review data, consult with stakeholders and make a final decision.

The Governor also announced that the global public health experts advising the state on reopening have cleared Western New York to enter Phase 4 of reopening tomorrow, June 30, 2020.

Governor Cuomo also called on President Trump to issue an executive order requiring all Americans to wear masks in public and to wear a mask himself.

Governor Cuomo also announced that the 2020 MTV Video Music Awards will be held in the Barclays Center in Brooklyn on Sunday, August 30, with limited to no audience.

The governor also directed the New York State Police to establish a new temporary Fireworks Enforcement Detail to prevent illegal fireworks being brought to New York from Pennsylvania. The Detail's establishment is in response to a spike of illegal firework use throughout the state, which has generated widespread complaints and media reports. The detail will be in place until July 3.
The governor also announced that air conditioning filters with a Minimum Efficiency Reporting Value (MERV) rating capable of filtering COVID-19 particles or similar air exchange measures will be mandatory for large mall reopenings.  A COVID-19 particle is approximately 0.125 microns in diameter. Filters with a high MERV, such as High Efficiency Particulate Air (HEPA) filters, have been shown to help reduce the presence of COIVD-19 in air filtration systems.

Monday, June 29, 2020


  Mayor Bill de Blasio: Well, a lot is going on and I want to start today with the most important underlying foundation of how we are approaching this moment in our city's history. Everything we are doing as a City government to serve you is focused on four things. It's focused on your health, your safety, keeping a roof over your head, and keeping food on your table. This is about what we've been doing, what we've been talking about now over the last four months, because this crisis has caused us to focus on the basics, to make sure that every New Yorker knows that we're going to protect them, protect their safety and health, make sure they have the basics to get by, their families have the basics to get by. While we restart our recovery, our economy, while we bring our livelihoods back. We have so much to do in this city to help people and bring back the vibrant life of this city. But right now, our singular focus has to be on those four basics.

So, I say this in general, and I say it because today is the day before our budget deadline. And we have been working for weeks now with the City Council on next year's budget. And to say the least, this has been the toughest budget that we've had to do as administration here at City Hall. We're in a whole different situation, in fact, than New York City's ever faced in our history, a health care crisis, an economic crisis, a disparity crisis, a budget crisis all wrapped into one and on a massive, massive scale. So, we keep coming back to the fact that we've got to focus on those basics – health, safety, food, shelter. But, while we've been trying to do that, we have been dealing with an extraordinary loss of revenue. $9 billion has evaporated in the course of the last few months, revenue that used to be plentiful because of such a strong economy, it's gone. What does that mean? Billions of dollars of cuts have happened already in our City budget, more cuts coming because we have to live within our means.

Now, I want to note that while we, New York City, has been doing everything possible to address this pandemic, to protect people's lives, to keep our hospitals together, to maximize testing, to get people food – 1.5 million meals being delivered every single day – all the things that this city is doing, we're doing it alone. We asked repeatedly for the federal government to help us with the stimulus. It hasn't come and there's no sign when it will. We have been the epicenter of this pandemic, and yet the federal government cannot manage to get New York City the help it needs nor so many other cities and states. So, the federal government side has been, in so many ways, missing an action. I went to Albany over the last few weeks, asked for help to help us through this incredibly difficult time with long term borrowing. I want to thank the State Assembly. They were ready, willing, and able. The State Senate, however, has not acted. And I'm certainly disappointed and I think New Yorkers are as well. But we're going to persevere.

Now, at the same time, we have an unprecedented opportunity to change some things. And there has been a very intense, detailed, focused discussion over the last month on how we change policing, how we focus more on young people and the needs of communities, how we address disparities, how we redistribute. And I have to tell you it's been a very productive conversation. So, over this weekend, City Hall – here at City Hall, my office presented to the City Council, a plan that would achieve a billion dollars in savings for the NYPD and shift resources to young people, to communities in a way that would help address a lot of the underlying issues that we know are the cause of so many problems in our society. I am excited to say that we have a plan that can achieve real reform, that can achieve real redistribution, and at the same time ensure that we keep our city safe, and we make sure that our officers are on patrol where we need them around this city. So, that's something that I think is so important for the future, to strike that balance the right way, reform, justice, redistribution, but always safety.

At the same time, we want to shift resources more and more into young people in particular, into youth centers. We want to shift resources more and more into public housing. So, the plan we presented has over a half-billion dollars in the shift in capital funding to youth recreation centers, to NYCHA developments, to help where the need is greatest. Look, we can do this. We can strike the balance. We can keep the city safe. So, negotiations continue. I think they've been very productive. I'm very hopeful where we're going, but I wanted the people of this city to know where I stand and what we believe we can do for the future of this city. And while we're talking about reform, while we're talking about the future, I want to talk about a very troubling situation, and one that reminds us of what we need to do more in the future. We have to look at the entire criminal justice system, and that means our jails as well. That means our Department of Correction.

You know, we've made a lot of changes. We have the lowest level of incarceration since the 1940s. I want people to understand that. There are fewer people in jail in New York City today at any point since World War II, and that's something everyone should be proud of. We had 180,000 fewer arrests in 2019 than the last year of the Bloomberg administration. By driving down unnecessary arrests, we're driving down incarceration. And, of course, we're going to close Rikers Island and end that bad history. But there's still an outstanding issue, and it’s solitary confinement also known as punitive segregation. Look, we ended it already for young people and New York City led the way in this nation in addressing the fact that we should not have young people in solitary confinement. We all remember the tragedy of Kalief Browder and we acted on the lesson of that tragedy. He did not die in vain. But then we saw another tragedy recently. Layleen Polanco. Layleen Polanco should not have been in Rikers to begin with. Layleen Polanco should not have been in solitary confinement. And Lord knows she deserves justice. Her family deserves justice. The transgender community deserves justice. We have to right the wrong. We can't bring her back, but we can make change so that no one else goes through such a tragedy.

There has been accountability. Seventeen Correction officers have been disciplined, four suspended without pay. And this is just the start of the disciplinary process. But we need to make changes immediately in how people who are incarcerated in our jail system are handled and we need to make sure they are safe. So, effective immediately, people with underlying medical conditions will not be subject to punitive segregation or solitary confinement. There already had been some prohibitions in place, for example, for serious mental illness or pregnancy. We're expanding the list. There's a list on your screen right now. Every medical condition you see on your screen will be a cause for a prohibition of any individual being put into solitary confinement. That's important. We're doing that literally starting today, but we have to go farther.

So, let's take the next step. Let's end solitary confinement all together. We have proven that we can keep jails safe with much less use of solitary confinement, punitive segregation. Now there's a lot to do because the jails are still not safe enough. Let me hasten to make the point. We have a lot to do to create more safety for people who are incarcerated and for our Correction officers and employees alike. But we know there are ways we can do this without punitive segregation. So, I'm appointing a four-person working group and they will get to work on a plan to end punitive segregation, to end solitary confinement in New York City once and for all. The four members of that group will be the Vice Chair of the Board of Correction, Stanley Richards; the Commissioner of Corrections, Cynthia Brann; the President of Just Leadership USA, DeAnna Hoskins, and there will be a representative from the union that represents our Corrections officers, COBA. This group will have a simple mission, a simple mandate – find a way to end solitary confinement and tell us all the things it's going to take, because it will take other measures and new approaches and innovations to keep everyone safe. I'm expecting to report back in the fall with whatever recommendations are there. And then we get to work on making it happen because we can make this change in New York City.

Now I'm going to switch gears in a very big way. I want to go back to the health front. I want to go back to talking about the coronavirus, the issue that pervades everything we talk about. So, we're going to go over to the indicators in a moment. And the good news is our indicators our health indicators continue to be strong, continue to be positive. Phase two has been going very well in New York City. And that means, as we see progress, we're able to do more and more things to help New Yorkers. And here's a nice one – we're going to be able to open up the barbecue areas in our parks for this coming weekend, for the July 4th weekend. So, folks can enjoy barbecuing. I want everyone to remember to be safe, still practice the appropriate social distancing, still wear the face coverings, but it's time for barbecuing to come back in our parks and they will be opened in the coming days for this weekend. And again, that's because of the hard work that so many of you have put in. The New York City story is pretty damn good when it comes to the comeback we're making from the coronavirus, the continued progress in fighting back to the virus and keeping us healthy. The rest of the nation, I don't need to tell you, is looking more and more troubling, and that is causing us to think about each step we're taking and to examine what we're seeing from around the country. So, a number of cities and states, unfortunately, have been moving in the wrong direction and we do see a nexus to a particular problem. We all love indoor dining, but we also see problems related with indoor dining. So, in East Lansing, Michigan recently 85 patrons tested positive for the coronavirus, all linked back to a single restaurant. In Texas and Florida, we've obviously seen, has gotten a lot of attention, record number of cases, clusters being tied back to bars and restaurants. California had made great progress, they’re now unfortunately slipping back and they are changing the rules regarding bars and restaurants. So, we're paying attention to this lesson. My team spoke with the Governor's team yesterday, said we're increasingly concerned. I know they are as well. We are now going to re-examine the indoor dining rules for phase three. The rest of phase three is moving on pace for Monday, July 6th, this coming Monday. But the indoor dining element is now in question. We're going to work it through with the State, figure out how we want to approach it, if we want to pause that piece for a while or modify it – we'll have more to say in the next couple of days, because we want restaurant owners to have that information right away.

But the most important thing is to keep us healthy and safe and not allow resurgence. So, I've said all along, there'll be ups and downs, there'll be modifications. This is now after steady, steady progress, a point where we're saying, look, on this one piece, we may need to slow down and think differently and approach it differently. But what is clearly working is outdoor dining. And I think the big message I keep getting – I've talked to our health care people about it – is outdoors is working across the board, meaning the disease does not spread anywhere as much outdoors, face coverings are working, outdoor dining is working. We want to double down on outdoor dining. So, we talked about the outdoor dining that we'll start to open up on our open streets. Now, we want to go farther with the Open Restaurants program. Right now, we have 6,100 restaurants who have already applied and gotten that certification to go over just the last two weeks so they can do the outdoor dining. It's been such a hit. It's been so positive. It's bringing people back to work. We want to go a lot farther with it. So, we're going to reach out to every single restaurant that qualifies, but has not yet applied, and help them to apply. We're going to work with BIDs. We're going to work with the Hospitality Alliance, chambers of commerce, everyone – let's get every restaurant into outdoor dining. Let's maximize their revenue, bring back their workforce, but keep it outdoors primarily while we figure out the indoor piece. We also want to remind all the restaurant owners – please, it's been a great success so far, but be careful with the outdoor dining areas along the street, there are specific rules of how to keep them safe and a specific approach you need to take to make sure there's separation from the traffic. We're going to send inspectors around and ambassadors around to talk it through and make sure that restaurant owners really get that part right, because it's going great. People love it. It's super productive, but we have to keep it safe.

Okay, let's talk about our indicators. Number one, daily number of people admitted to hospitals for suspected COVID-19. The threshold is 200 – today's report, 51. Daily number of people in Health + Hospitals ICU’s, threshold of 375 – today's report, 297. And, most important, percentage of people testing citywide who are positive for COVID-19, threshold of 15 percent – today, again, two percent. So, we're holding at that number, which is really, really good.

City of New York and New York Power Authority Seek Developers to Install Rooftop Solar Arrays at Dozens of New York City Schools, Manhattan Wastewater Treatment Plant




NYC Department of Citywide Administrative Services to Generate Up to 16 Megawatts of Solar Power, Including Energy Storage, Helping Accelerate New York City and State Clean Energy Goals

NYC Department of Citywide Administrative Services (DCAS) Commissioner Lisette Camilo and the New York Power Authority (NYPA) today announced the planned installation of up to 16 megawatts of solar energy on the rooftops of 46 New York City public schools and several New York City Department of Environmental Protection (DEP) sites, including its Wards Island Wastewater Resource Recovery Facility.

“The climate crisis is real and it's urgent, that is why the City of New York is taking bold steps to generate solar power on city buildings, including some public schools,” said Lisette Camilo, Commissioner of the NYC Department of Citywide Administrative Services. “Solar installations on the roofs of schools and other city facilities is a common-sense way to generate green energy and reduce dependence on fossil fuels.”

“With this significant solar project, all at New York City-owned facilities, we will, together, boost the renewable resources in the city’s energy supply and move the city and our state closer to accomplishing the ambitious clean energy goals we have set for ourselves,” said Gil C. Quiniones, NYPA president and CEO. “Integrating solar systems into community facilities throughout the five boroughs and turning underutilized spaces into green opportunities is a smart way to practice sustainability and push forward our long-term commitment to help build a cleaner, greener energy system for all New Yorkers.”

The City of New York sought NYPA’s assistance with the installation of approximately 16 megawatts of power generated by solar installations on rooftops of some of its facilities. The city enlisted NYPA’s support on this initiative to help achieve Mayor Bill de Blasio’s goal of installing 100 MW of solar power on public buildings by 2025 and reducing citywide emissions 80 percent by 2050. The initiative will also help achieve Governor Andrew M. Cuomo’s statewide goal of having 70 percent of New York’s electricity come from renewable sources by 2030.

NYPA is asking developers to submit proposals to design, construct, and own solar PV systems at 50 city-owned sites. NYPA will select the developers, manage the project, and arrange 20-year power purchase agreements for DCAS and DEP to buy the electricity output from each of the projects at competitive prices. The due date for responding to the request for proposals (RFP) is August 7, 2020. 

The solar systems, which have the option of including energy storage, are planned to be constructed on 46 schools run by the NYC Department of Education and account for approximately 11 megawatts of new power generation. Several sites managed by DEP, including the Wards Island plant along the East River in upper Manhattan, will account for the additional five megawatts. 

At Wards Island, a combination of ground mounted, carport, rooftop, and elevated canopy solar PV systems will be installed throughout the eight-facility complex, totaling up to 4,843kWDC of solar PV capacity. Power generated will serve the loads of the plant and a potential battery energy storage system which could reduce demand charges. 

As part of the overall project, more than one megawatt of solar arrays will also be installed at the Catskill/Delaware ultraviolet light disinfection facility in Valhalla and at wastewater resource recovery facilities in Pine Hill and Margaretville. 

The project will incorporate a new power source into the school district's infrastructure and allow the city to purchase power generated on-site instead of purchasing power from a utility, which may or may not be from a renewable source. In total, the project is estimated to offset more than 4,500 metric tons of CO2 equivalent each year, which is equivalent to removing more than 950 cars from the road for one year.
 
The solar systems will accelerate progress under the state’s Climate Leadership and Community Protection Act (CLCPA), the most ambitious emissions-reduction legislation in the nation, which calls for 6,000 megawatts of distributed solar by 2025 and 3,000 megawatts of energy storage by 2030 and also support the state mandate for a 100 percent carbon-free electricity sector by 2040.

The city and the Power Authority conducted site assessments to identify the most feasible and appropriate locations to install solar PV systems to help the city achieve its renewable energy goals. Selected locations also support the city’s efforts to advance environmental justice as many of the sites are in areas with poorer air quality and lower median incomes. The project sites are anticipated to be interconnected behind the meter to buildings’ electrical systems. 

Development work on the projects is anticipated to commence later this year when a developer(s) is selected. Operation of the systems is expected to come online throughout 2021 and 2022.  

NYPA has completed several solar projects at public school districts through a joint program with the New York State Energy Research and Development Authority (NYSERDA). Arrays were constructed for the Somers Middle School and Tarrytown school district, both in Westchester County, Hudson Schools in Columbia County, and the New York Institute in the Bronx.

Department of City Planning (DCP) Director Marisa Lago on Mayor Bill de Blasio’s Executive Order suspending zoning regulations that govern (POPS) and (WPAAs):


“This Executive Order means that hundreds of gracious open spaces that dot our busy commercial districts and our waterfront are now available to help New Yorkers physically distance as we get back to work. The order also means that our local eating, drinking and retail establishments can temporarily expand into these spaces – all of which were created for the public’s enjoyment by our zoning rules,” Director Lago said.
Provisions for the Mayor’s Executive Order on Privately Owned Public Spaces – or POPS:
POPS are public spaces that are owned and maintained by private property owners pursuant to various zoning regulations. First introduced in the 1960s, the nearly 600 POPS that exist today provide opportunities to sit, relax, people watch, eat, meet others – in other words, to partake in and enjoy urban life. Coming in all shapes and sizes, these spaces are aimed at ensuring that the busiest areas of New York City offer indoor and outdoor atriums, plazas and walkways to the public.
Temporary uses that will be allowed within POPS via the Mayor’s Executive Order include dining areas, health screening stations, bikeshare docks, kiosks, retail stands and space for New Yorkers to line up safely to enter adjacent buildings.
An interactive map of all POPS is available here.
In order to add any of the temporary uses outlined by the Executive Order, POPS owners must submit a description and site plan that details their changes to POPSCOVID_DL@planning.nyc.gov.
Outdoor and open-air POPS must remain open to the public during their approved hours of access. While indoor POPS can be closed, access to subway stations, through-block connections and sole connection to a lawfully operating business must be maintained. Outdoor POPS will be able to separate or close off some seating to promote distancing.
Once the Executive Order is lifted, all uses that it temporarily allowed must be removed from the POPS.
Provisions for the Mayor’s Executive Order on Waterfront Public Access Areas – or WPAAs:
WPAAs offer public open space where New Yorkers can connect with and enjoy their shoreline. First introduced through the 1993 waterfront zoning text, these publicly accessible spaces are required by zoning for waterfront sites. The public areas must be improved with landscaping and trees, seating and other amenities. WPAAs can also include walkways, green spaces or other improved spaces for public use.
Temporary uses that will be allowed within the City’s nearly 40 WPAAs via the Mayor’s Executive Order include outdoor dining areas, retail stands and shade structures.
An interactive map of WPAAs is available here.
In order to add any of the temporary uses outlined by the Executive Order, business owners using WPAAs should send a basic site plan and description of the proposed changes to WPAA@planning.nyc.gov.
Once the Executive Order is lifted, all uses and modifications that it temporarily allowed must be removed from WPAAs.
Department of City Planning
The Department of City Planning (DCP) plans for the strategic growth and development of the City through ground-up planning with communities, the development of land use policies and zoning regulations applicable citywide, and its contribution to the preparation of the City’s 10-year Capital Strategy. DCP promotes housing production and affordability, fosters economic development and coordinated investments in infrastructure and services, and supports resilient, sustainable communities across the five boroughs for a more equitable New York City.
In addition, DCP supports the City Planning Commission in its annual review of approximately 450 land use applications for a variety of discretionary approvals. The Department also assists both government agencies and the public by advising on strategic and capital planning and providing policy analysis, technical assistance and data relating to housing, transportation, community facilities, demography, zoning, urban design, waterfront areas and public open space.

MAYOR DE BLASIO AND BOARD OF CORRECTION CHAIR JENNIFER JONES AUSTIN ANNOUNCE WORKING GROUP TO END PUNITIVE SEGREGATION


Department of Correction and Correctional Health Services implement new medical restrictions to preclude certain individuals from punitive segregation 

  Today Mayor Bill de Blasio and Board of Correction Chair Jennifer Jones Austin announced the formation of a working group to eliminate punitive segregation in the New York City jail system. The working group’s recommendations will be incorporated into the Board's broader rule package on restrictive housing and voted on in the fall. The Department of Correction and Correctional Health Services will also, effective immediately, implement new restrictions that will preclude individuals with certain medical conditions from restrictive housing. 

"From closing Rikers Island to banning punitive segregation for people under the age of 22, we have reoriented our correction system to value human life and rehabilitation,” said Mayor Bill de Blasio. "Now with Jennifer at the helm of the Board and Stanley leading the working group, we will chart the course forward with the Board to ban punitive segregation altogether, making good on our commitment to creating jails that are fundamentally smaller, safer, and fairer."

Effective immediately, the Department of Correction will also exclude individuals with several key medical conditions from being placed into any form of restrictive housing while in custody. Conditions include individuals who are diabetic, individuals on asthma medication, on antiepileptic medications for seizures, on blood thinners, or have any history of organ transplant. Individuals who have a diagnosis of heart disease, lung disease, or kidney disease will also be exempt. A full list is available here.

The working group to end punitive segregation will be led by Board Vice-Chair Stanley Richards and include Department of Correction Commissioner Cynthia Brann and Just Leadership USA President and CEO DeAnna Hoskins. We have reached out to Benny Boscio, President of the Corrections Officer Benevolent Association, to invite him to join the working group as a key partner in this work, which will prioritize safety for both officers and detained persons. Guided by the principles of safety, support and accountability, they will work over the coming three months to produce recommendations to be presented for inclusion in the proposed restrictive housing rule.

“Punitive segregation has been proven over and over to be an inhumane practice resulting in debilitating trauma that endures, often for the remainder of a person’s lifetime”, said Board of Correction Chair Jennifer Jones Austin.  “City plans to overhaul our jail system, inclusive of reducing incarceration, closing Rikers Island, and locating detention centers in four boroughs must also incorporate the ending of solitary confinement and developing alternative means of accountability with a focus on safety for both staff and detained persons, mental health, effective and robust programming and education, and investment in training and the well-being of employees.”

"As an African American man, who spent time in jail and prison including solitary confinement, I know firsthand the harm extreme isolation can cause,” said Stanley Richards, Board of Correction Vice Chair. “The ‘Black Lives Matter’ movement of this time calls for the Board of Correction, City of New York and Department of Correction to act with urgency to stop the harm of solitary confinement. I am pleased to work with Commissioner Brann and DeAnna Hoskins to meet this moment of importance with action to end solitary confinement."

 “New York City is a national leader in correction reform and we are proud of the progress we’ve made towards safely and humanely housing people in custody. We have done more to limit the use of punitive segregation than almost any jail system in America, including eliminating it entirely for anyone under 22, as well as for seriously mentally ill individuals,” said New York City Department of Correction Commissioner Cynthia Brann. “We have worked tirelessly under this administration to create a correctional system that is safer, more humane and fair while fundamentally reforming and significantly reducing the need for punitive segregation, and look forward to joining our working group partners as we continue to develop safe alternatives to its use.”

Acting U.S. Attorney Announces Extradition Of Belgian Man Charged In $8 Million Aircraft Part Fraud Scheme


  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that STEFAN GILLIER, a/k/a “Stephan Gillier,” a/k/a “Stefan R.R. Gillier,” a/k/a “Roland Gillier,” a/k/a “Roland Van Gorp,” a Belgian citizen, was extradited today from Italy to the United States.  GILLIER was arrested on May 26, 2019, for engaging in a scheme in which he and a co-conspirator fraudulently obtained millions of dollars’ worth of aircraft parts through two aircraft part dealerships that they operated, RTF International, Inc. (“RTF”), and UN Air Service, Inc. (“UAS”).  GILLIER is expected be presented this afternoon in Manhattan federal court before Chief U.S. Magistrate Judge Gabriel W. Gorenstein.  GILLIER’s case is assigned to U.S. District Judge Richard M. Berman.

Acting U.S. Attorney Audrey Strauss said:  “As alleged, from 2004 until 2010, Stefan Gillier conspired to defraud manufacturers and distributors of aircraft parts out of millions of dollars’ worth of aircraft parts.  Gillier and his co-conspirator allegedly effectuated the scheme through fraudulent companies, phony references, stop orders on checks after they had received valuable parts, lucrative resales, and transferring criminal proceeds from corporate bank accounts to personal bank accounts once a victim company got wise to the fraud.  Thanks to our partner agencies here and abroad, Gillier now faces justice in an American court.”
According to the allegations in the Complaint and in the Indictment unsealed today:[1]
GILLIER and his co-conspirator (“CC-1”) were co-presidents of RTF, a Delaware corporation that was registered to do business in New York, which dealt in aircraft parts.[2]  GILLIER ran the day-to-day business activities of RTF and was a signatory on RTF’s bank accounts.  RTF began obtaining aircraft parts from Honeywell International, Inc. (“Honeywell”), in June 2004.  Starting in 2005, RTF began increasing the number of parts it ordered from Honeywell, paying for them by check.  RTF paid with checks written for amounts well above the cost of the parts, which created an apparent credit balance in RTF’s favor.  RTF wrote approximately $16.6 million worth of checks to Honeywell, but stopped payment on approximately $15.8 million worth of them.  As a result, RTF was able to obtain approximately $8 million worth of aircraft parts without paying for them, and RTF turned a profit when reselling those fraudulently obtained parts to customers for less than the price that Honeywell had charged RTF.
To execute the scheme, GILLIER signed checks to Honeywell on behalf of RTF, but repeatedly caused stop payment orders to be placed after Honeywell shipped the parts to RTF.  When questioned by Honeywell’s employees about these stop payment orders, GILLIER, using an alias, falsely represented that the stop payment orders were the result of a misunderstanding with the bank and that he would check with RTF’s finance department.  In fact, as GILLIER knew, he had issued the stop payment orders, and RTF did not have a finance department.  In June 2006, when Honeywell began seeking civil relief against RTF, GILLIER caused various large transfers of fraud proceeds into other bank accounts – accounts that, by way of example, belonged either to GILLIER, his relative, or CC-1’s relatives.
After Honeywell discovered that it was being victimized by RTF, GILLIER and CC-1 continued their fraud scheme through a new corporate entity, UAS.  (Despite its name, “UN Air Service, Inc.” had no relation to the United Nations.)  CC-1 was the president and owner of UAS, a Delaware corporation that dealt in aircraft parts, which CC-1 ran out of an apartment in Manhattan.  GILLIER helped CC-1 obtain the Manhattan apartment that was used to continue the fraud scheme by providing a reference for CC-1 (using an alias) and by paying CC-1’s initial rental fees.  In 2006, UAS began obtaining aircraft parts from Pratt & Whitney Component Solutions, Inc. (“Pratt & Whitney”).  Like RTF, UAS began stopping payment on checks it had written to Pratt & Whitney for the aircraft parts; like RTF, UAS sold those aircraft parts to third parties for less than the price that Pratt & Whitney had charged UAS.
GILLIER, 47, a citizen of Belgium, is charged with eight counts: (1) one count of conspiracy to commit mail fraud, wire fraud, interstate transportation of stolen property, and money laundering, which carries a maximum potential penalty of five years in prison; (2) one count of mail fraud, which carries a maximum potential penalty of 20 years in prison; (3) one count of wire fraud, which carries a maximum potential penalty of 20 years in prison; (4) one count of interstate transportation of stolen property, which carries a maximum potential penalty of 10 years in prison; and (5) and four counts of money laundering, each of which carries a maximum potential penalty of 10 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the outstanding investigative work of Homeland Security Investigations and the U.S. Department of Defense, Defense Criminal Investigative Service.  She also thanked the Federal Bureau of Investigation, the U.S. Marshals Service, the U.S. Department of Commerce, law enforcement and prosecutorial authorities in Italy, including the Italian Ministry of Justice and Interpol Rome, Honeywell, and Pratt & Whitney for their assistance in this case.  The U.S. Department of Justice’s Office of International Affairs of the Department’s Criminal Division provided significant assistance in securing the defendant’s extradition from Italy.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and Indictment, and the descriptions of them set forth below, constitute only allegations, and every fact described should be treated as an allegation.  The defendant is presumed innocent unless and until proven guilty.
[2] CC-1 died in March 2010, a few weeks after being arrested in this case and released on bail.

Governor Cuomo Announces Lowest COVID-19 Deaths and Hospitalizations in New York Since the Pandemic Began CORONAVIRUSHEALTHPUBLIC SAFETY


0.99% of Yesterday's COVID-19 Tests were Positive

5 COVID-19 Deaths in New York State Yesterday - Lowest Single Day Death Number Since March 15th

Hospitalizations Continue to Drop - Now below 900

Confirms 616 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 392,539; New Cases in 43 Counties

Governor Andrew M. Cuomo today announced New York State's lowest death toll and hospitalizations due to COVID-19 since the pandemic began. Yesterday, there were five deaths and 869 hospitalizations in New York State. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov.

"As states across the country struggle with new outbreaks related to reopening, New York's numbers continue to go down to record lows," Governor Cuomo said.  "Our progress is a direct result of New Yorkers' discipline and hard work and an incremental, data-driven reopening. Yesterday, as our hospitalizations dropped below 900, New York had its lowest single-day death toll since March 15th.  While today's numbers are very encouraging, New Yorkers must remain vigilant or the numbers will shoot right back up.  Be smart, wear a mask, stay New York Tough!"

Today's data is summarized briefly below:

  • Patient Hospitalization - 869 (-39)
  • Patients Newly Admitted - 54 (-24)
  • Hospital Counties - 30
  • Number ICU - 229 (-1)
  • Number ICU that are intubated - 145 (+1)
  • Total Discharges - 70,369 (+133)
  • Deaths - 5
  • Total Deaths - 24,835

Mayor De Blasio - EMERGENCY EXECUTIVE ORDER NO. 128


EMERGENCY EXECUTIVE ORDER NO. 128

June 27, 2020

WHEREAS, on March 7, 2020, New York State Governor Andrew Cuomo declared a State disaster emergency for the entire State of New York to address the threat that COVID-19 poses to the health and welfare of New York residents and visitors; and

WHEREAS, Emergency Executive Order No. 98, issued March 12, 2020 and extended most recently by Emergency Executive Order No. 123, issued June 7, 2020, contains a declaration of a state of emergency in the City of New York due to the threat posed by COVID-19 to the health and welfare of City residents, and such declaration remains in effect; and  

WHEREAS, this Order is given because of the propensity of the virus to spread person-toperson and also because the actions taken to prevent such spread have led to property loss and damage; and 
WHEREAS, measures taken to combat the spread of COVID-19 may prevent individuals, businesses and other entities from meeting legally imposed deadlines for the filing of certain documents or for the completion of other required actions; and 

WHEREAS, this Order is given in order to ensure that the Governor's orders are enforced; 

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State ofNew York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1. I hereby direct that sections 1, 2, 3, 4, 5, and 6 of Emergency Executive Order No. 127, dated June 22, 2020, are extended for five (5) days, except as described herein. 

§ 2. In order to promote the safe and efficient use of privately owned public space, including any publicly accessible open area, pedestrian circulation space, waterfront public  access area or other privately owned space required by law to be open to the public, and to assist eating and drinking establishments, retail establishments, and commercial buildings to rebound and reopen while encouraging social distancing, I hereby suspend the following provisions of the New York City Zoning Resolution ("ZR"), and any additional provisions of the ZR that reference the provisions set forth herein, to the extent necessary to allow the use of any such privately owned public space in accordance with protocols of the Department of City Planning, provided that any such use shall be in compliance with such protocols:

a) ZR Sections 37-53, 37-623, 37-624, 37-721, 37-726, 37-727, 37-73, 37-741, 37- 80, 37-81, 62-513, 62-611, 62-62, 81-45, 81-681, 82-11, 91-82, 91-821, 91-822, 91-834, 93-731, 94-072, 98-53, 117-554, 124-42, 133-32, 136-324, E 27-121, E 27-321, E 27-50, E 37-04(f), E 37-04(g), and E 37-04(i), to the extent such sections restrict or limit obstructions or permitted obstructions, impose requirements for open air or outdoor cafes, restrict closure of a privately owned public space, impose seating requirements, including in indoor public spaces and enclosed publicly accessible spaces, or impose circulation path requirements; 
b) ZR Sections 37-752 and E 37-04(p), relating to signage requirements; 
c) ZR Sections 37-748, E 27-14, E 27-226, and E 27-34, relating to amenities; 
d) ZR Sections 37-746 and E 27-124, relating to drinking fountains; 
e) ZR Sections 37-625 and 62-12, to the extent such sections require a certification from the Chair of the City Planning Commission for design changes; 
f) ZR Section 3 7-745, relating to bicycle parking; 
g) ZR Section 37-78, relating to compliance, including any requirement for a certification from the Chair of the City Planning Commission for design changes; 
h) ZR Section 62-51, relating to the applicability of visual corridor requirements; 
i) ZR Section 62-52, relating to the applicability of waterfront public access area requirements; 
j) ZR Sections 74-72, 74-74, 74-761, 74-82, 74-87, 74-91, 74-931, and 74-95, to the extent necessary to allow for the modification of any special permit consistent with protocols issued by the Department of City Planning.

§ 3. I further suspend any provision or condition of any authorization or certification issued by the City Planning Commission, or the Chair of the City Planning Commission, that restricts or limits the use of any privately owned public space, to the extent necessary to allow the use of any such privately owned public space in accordance with protocols of the Department of City Planning, provided that any such use shall be in compliance with such protocols

§ 4. I hereby amend Emergency Executive Order No. 126 as follows: 
a. Section 2(t) of such Order is amended to read as follows: Admin. Code, Title 28, Chapter 7, Section BC 3101.1, relating to special building construction, Section 3111, relating to the construction of sidewalk cafes, and Section 3202.4. l, relating to the construction of enclosures for sidewalk cafes, provided, however that section BC 3111 .4, relating to prohibited obstructions, and Section 3111.6, relating to accessibility, are not suspended;

b. Section 4(b) of such Order is amended to read as follows: ZR Sections 32-41 and 42-41, to the extent such sections require eating and drinking establishment uses in certain Commercial Districts or Manufacturing Districts to be located within completely enclosed buildings.

§ 5. I hereby suspend 34 RCNY 4-08(a)(l), beginning June 29, 2020, to the extent that street cleaning parking rules (also known as alternate side parking or ASP) in residential areas be limited to one day a week. Until further notice from the Department of Transportation, streets where alternate side parking is restricted on multiple days by a sign with the letter "P" with a broom through it will be cleaned, and such parking restrictions will only be in effect, on the last day of the week posted on such signs. However, parking restrictions for street sweeping on consecutive days (daily street sweepings) in metered parking spots will be enforced in accordance with the restrictions posted on the authorized signs for that street.

§ 6. This Order incorporates any and all relevant provisions of Governor Executive Order No. 202 and subsequent orders issued by the Governor of New York State to address the State of Emergency declared in that Order pursuant to his powers under section 29-a of the Executive Law§ 6. This Order incorporates any and all relevant provisions of Governor Executive Order No. 202 and subsequent orders issued by the Governor of New York State to address the State of Emergency declared in that Order pursuant to his powers under section 29-a of the Executive Law

§ 7. I hereby direct the Fire Department of the City of New York, the New York City Police Department, the Department of Buildings, the Sheriff, and other agencies as needed to immediately enforce the directives set forth in this Order in accordance with their lawful enforcement authorities, including but not limited to Administrative Code sections l 5-227(a), 28- 105.10.1, and 28-201.1, and section 107.6 of the New York City Fire Code. Violations of the directives set forth in this Order may be issued as if they were violations under the New York City Health Code, title 24 Rules of the City ofNew York sections 3.07 and 3.11, and may be enforced as such by the Department of Health and Mental Hygiene or any other agency named in this section. 

§ 8. This Emergency Executive Order shall take effect immediately, and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date. 

Bill de Blasio, MAYOR