MAYOR DE BLASIO DELIVERS REMARKS AT THE FLIGHT 587 19TH ANNUAL MEMORIAL SERVICE

 

 Mayor Bill de Blasio: I want to thank everyone for joining today in memory of those we've lost, to honor them. I want to thank, for her extraordinary leadership and support for all these families, I want to thank Belkis Lora. Belkis, you have been such a source of hope and a source of comfort for all these families. Thank you. So, this time we gather, the different reality that we're living through right now. And even with the challenges of the coronavirus, we still come together. We still come together to remember, and we still come together in solidarity with each other, and nothing can stop us from feeling that love and support for each other. We think back to the time of this tragedy, just weeks after 9/11, we think of the moment people heard the painful, horrible news. We think of the tragedies we've experienced in the past, and we always hope we'll never see anything like it again. Now we find ourselves in a time that we could not have imagined. But the fact that you're still here gives me such hope. The fact that the love you feel for those you lost, and the love for each other sustains you, is a reminder of the strength of the people of the Dominican community, the strength of all New Yorkers.  

 

I want to thank everyone who has been a part of this ceremony. It's always so important each year to have the participation of the NYPD and the FDNY. I want to thank Officer Frank Zito and Firefighter James Sorokac for helping us to have the kind of memorial that these loved ones deserve. I want to thank the Consul General. Consul General Jaquez, we welcome you to New York City, and we thank you for being here and for your heartfelt words. I want to thank the elected officials who have come here to join in solidarity with all of you. Congressman Adriano Espaillat, Assembly Member Carmen De La Rosa, Council Member Ydanis Rodriguez. I also want to thank the Assembly Member who represents this community here in the Rockaways. Assembly Member Stacey Pheffer Amato, and representing the Governor and such a great leader in his own right, Dr. Guillermo Linares. We thank all of you. Your presence strengthens all of us. 

 

We remembered today, 265 good people we lost. We remember the pain, but also we remember the heroism of all those who in that moment rushed to the scene to save lives, to try their best, the first responders, the neighbors from the community, everyone who tried to see if there was any way to save the lives of those on that flight and those on the ground. And then we think about how the community came together, the whole Dominican community and the community of New York City to love and support all the good families, all those present today, and all those who couldn't be here today. Scripture says, “Blessed are those who mourn for they will be comforted.” And we know the pain never goes away, but we do feel the comfort of each other. We do feel the support of each other. And we do know that memory is powerful and all our loved ones, they're watching right now, they're feeling our love and we will never forget them. We will never forget the passengers of Flight 587. I say, God blessed them and God bless all of you.

EDITOR'S NOTE:

Flight 587 crashed in the Belle Harbor section of the Rockaways while taking off from Kennedy Airport on its way to the Dominican Republic. 

The National Transportation Safety Board (NTSB) attributed the disaster to the first officer's overuse of rudder controls in response to wake turbulence from a preceding Japan Airlines (Japan Airlines Flight 47) Boeing 747-400 that took off minutes before it. 

According to the NTSB, the aggressive use of the rudder controls by the first officer stressed the vertical stabilizer until it snapped off the aircraft. The airliner's two engines also separated from the aircraft before impact due to the intense forces. 260 total people on the plane and 5 people on the ground were killed.

Woodlawn Cemetery Veteran's Day Ceremony With State Senator Jamaal Bailey, Assemblyman Jeffrey Dinowitz, and Councilman Andrew Cohen

 

To honor the many veteran's buried at Woodlawn Cemetery there is an annual Veteran's Day Ceremony that dates back to the end of World War One. There is a plaque set in the rock that makes up part of the cemetery commemorating Armistice Day, the signing between Allied forces of World War One and Germany. That was the war to end all wars. 

State Senator Jamaal Bailey brought his two daughters to see what their father does. He went over the program with one, so she would know what would be going on. After Senator Bailey gave an opening remark, Mitch Rose of Woodlawn Cemetery said a few words of the commitment to the community which Woodlawn Cemetery has by hosting events such as this. 

After the Pledge of Allegiance, and National Anthem Senator Bailey, Assemblyman Dinowitz, and Councilman Cohen gave remarks about what Veteran's Day means to each of them. The three elected officials were joined by Quamid Francis Deputy Chief of Staff and Chief Diversity Officer NYC Department of Veteran's Services to lay a wreath beneath the plaque celebrating Armistice Day.

Above - Senator Bailey going over the program with one of his daughters.

Below - Senator Bailey speaking in front of the Woodlawn Cemetery Armistice Day Plaque.

Above - Assemblyman Dinowitz speaking as Councilman Cohen waits to speak.

Below - (L - R) Quamid Francis, Senator Bailey, and Assemblyman Dinowitz, after laying a Wreath beneath the plaque honoring Armistice Day 11/11/1918.

Governor Cuomo Announces Updated COVID-19 Micro-Cluster Focus Zones - NOVEMBER 11, 2020

 

Based on Progress Controlling COVID Spread, Yellow Zone in Steuben County to be Removed

Port Chester Yellow Zone will Transition to Orange Warning Zone; New Yellow Precautionary Zones in Staten Island and Tioga County

Positive Testing Rate in All Focus Zone Areas is 4.96 Percent; New York State Positivity Outside All Focus Zone Areas is 2.58 Percent     

Statewide Positivity Rate is 2.93 Percent

21 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today announced updated COVID-19 micro-cluster focus areas in New York State. Based on data metrics, Port Chester's yellow zone will transition to an orange warning zone. The Governor also announced new yellow precautionary zone focus areas in Staten Island and Tioga County. Based on progress controlling COVID spread, the yellow precautionary zone in Steuben County will be removed.

"The scientists all said for months we would see a national and global surge in the fall and winter - and right now, the national surge keeps getting worse," Governor Cuomo said. "The trajectory is going up, and we have learned how to stay ahead of COVID. When we see a small increase, we attack it - that is our strategy as cases increase all around us. We can manage this challenge as long as we have individual discipline and government enforcement. Local governments must enforce the public health law - period. And we all need to be smart - wear a mask, wash your hands, socially distance, and stay New York Tough."

Modifications to Current Focus Zones

Steuben County - Yellow Zone Removed

Based on declining and low positivity rates, Steuben County is now eligible to have its yellow precautionary zone status removed. 

Port Chester - Yellow Zone Changes to Orange Warning Zone - Click Here for Map

The 7-day average positivity rate in Port Chester has been above 3 percent for 10 days, meeting the metrics for an orange warning zone declaration.

New Focus Zones

Staten Island - New Yellow Precautionary Zone - Click Here for Map

Over the past ten days, parts of Staten Island have had 7-day average positivity rates above 2.5 percent, and cases per 100,000 and new daily hospital admissions have increased, meeting the metrics for a yellow zone designation.

Tioga County - New Yellow Precautionary Zone - Click Here for Map

Over the past ten days, parts of Tioga County have had 7-day average positivity rates above 4 percent, and cases per 100,000 and new daily hospital admissions have increased, meeting the metrics for a yellow zone designation.

The Governor noted that the positive testing rate in all focus areas under the state's Micro-Cluster strategy is 4.96 percent, and outside the focus zone areas is 2.58 percent. Within the focus areas, 24,005 test results were reported yesterday, yielding 1,192 positives. In the remainder of the state, not counting these focus areas, 140,295 test results were reported, yielding 3,628 positives.

Today's data is summarized briefly below:

• Patient Hospitalization - 1,628 (+80)
• Patients Newly Admitted - 270
• Hospital Counties - 50
• Number ICU - 304 (+8)
• Number ICU with Intubation - 135 (+7)
• Total Discharges - 81,020 (+166)
• Deaths - 21
• Total Deaths - 26,026

NYPD Vision for Fair and Effective Discipline

 

Police Department has substantially implemented the recommendations of a blue-ribbon panel

 Police Commissioner Dermot Shea today announced that the NYPD has now substantially implemented the recommendations of an independent blue-ribbon panel of former prosecutors and judges for improving the department’s internal disciplinary system.

Chief among these historic reforms is the hiring in August of a Civilian Liaison, who will keep victims and family members informed on use-of-force cases, and the establishment of an outside auditor to assess the NYPD’s ongoing compliance with the blue-ribbon panel’s recommendations.

A highlight is the adoption of a new disciplinary matrix – with input from the city’s independent Civilian Complaint Review Board and Commission to Combat Police Corruption – to create a baseline for penalties covering a range of police officer misconduct and add consistency and transparency to the process. That matrix, posted to the NYPD website on Aug. 31, was open for public comment to ensure it is as fair and effective as possible when the final version is published in January. See the link, here: https://www1.nyc.gov/site/nypd/about/about-nypd/public-comment.page

Amid this ever-evolving progress, Commissioner Shea has wielded his authority as the final arbiter of discipline in clear and decisive ways. In April, he enacted a new false-statement enforcement policy. He has overseen the monthly publication of the department’s trial-room calendar. And he has imposed punishments swiftly and often more punitively than is recommended. In fact, since Commissioner Shea’s appointment in December, 40 officers have retired or resigned with internal disciplinary charges against them pending and 53 members of the service have been dismissed. Taken together, these disciplinary measures not only assure integrity within the policing profession in New York City, but go above and beyond the best practices the NYPD has long followed in line with all other citywide agencies.

“Policing is a privilege and demands the community’s trust in knowing that officers are living up to the NYPD’s high standards for integrity, fairness, compassion and effectiveness in keeping the peace, protecting life and property and maintaining order,” said Police Commissioner Dermot Shea. “We ask for the public’s trust – and the public must know we are worthy of it.”

Police Commissioner Shea’s administration of discipline is rapid and decisive. He has meted out tough discipline when needed yet delivered tempered justice as the facts warrant. The sound disciplinary system Commissioner Shea has led helps ensure the success of his goals – such as Neighborhood and Precision policing, or helping all the city’s children reach their full potential.

The disciplinary process, as designed, affords officers the same considerations and due process rights afforded civilians in the criminal arena. In the majority of instances, and over time, the NYPD has concurred with findings by the independent CCRB. But sometimes officers go to trial, where facts emerge that do not support the originally recommended penalties. In other cases, plea agreements are reached. Many factors may influence both the decision to negotiate a settlement, as well as the ultimate penalty, including the strength of the evidence and the likelihood to prevail on the merits at trial. Sometimes officers are found not guilty on one or more of the disciplinary charges that are brought. The NYPD’s concurrence with CCRB must be understood in that context.

As the final arbiter in matters of discipline, a Police Commissioner’s role is similar to a trial judge in imposing penalties. Additionally, a police commissioner is statutorily mandated to exercise cognizance and control over the Police Department, which by necessity includes discipline. This command structure enables the police commissioner to effect change in the department and ensures consistency and efficiency in all of the department’s operations. This becomes essential in flexibly responding to events – such as crime upticks or national security issues – in real time. It would be hard to imagine a system for rapid discipline by an outside body – in effect, weakening what is a longstanding, paramilitary style justice system affording the Police Department wide latitude for rapid accountability and for real time operational maneuverability in times of public need.

This paradigm is also true of other city agencies and is not unique to the Police Department. The Office of Administrative Trials and Hearings (OATH) conducts administrative trials in disciplinary proceedings for a number of city agencies. In all of those matters, the OATH judge will make findings of fact and recommend a penalty, if the charge is sustained, to the appropriate agency head. The head of each agency has the ultimate authority whether to accept the findings and/or proposed penalty. The NYPD Trial Room adheres to the same legal and administrative standards as OATH.

A blue-ribbon, independent panel found an effective and fair NYPD disciplinary system and implementing its recommendations, the NYPD is improving it every day in every way. These changes will build upon a cadre of recent reforms, including the deployment of body-worn cameras, the dissemination of videos from those cameras and the annual publication of data on discipline, among other things.

A final note: The remaining recommendation by the blue-ribbon panel to fill attorney vacancies is something that awaits funding, though the NYPD is actively recruiting, interviewing and processing applicants to fill these jobs.

Bronx Man Charged With 2017 Murder Of Joshua Lopez

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), today announced a Superseding Indictment in United States v. Scales, et al. 19 Cr. 96 (JSR).  In the initial indictment, unsealed on February 21, 2019, defendant SYDNEY SCALES, a/k/a “Sid,” a/k/a “Moe Black,” was charged with conspiracy to commit murder for hire, as well as narcotics and firearms offenses.  A second defendant on the Indictment, ERNEST HORGE, a/k/a “Ern,” a/k/a “Mac,” was charged with narcotics and firearms offenses.  In the Superseding Indictment, SCALES is charged with causing another person to shoot at rival drug dealers on June 9, 2017, in the vicinity of 1135 East Tremont Avenue in the Bronx, New York, causing the death of Joshua Lopez.  SCALES and HORGE are also charged in the Superseding Indictment with engaging in multiple specific drug sales between November 2018 and February 2019, in addition to the narcotics conspiracy charged in the initial indictment.  The case is proceeding before U.S. District Judge Jed S. Rakoff. 

Acting U.S. Attorney Audrey Strauss said:  “As alleged in the Superseding Indictment, Sydney Scales was responsible for the murder of Joshua Lopez.  Thanks to the outstanding work of our law enforcement partners at HSI and the NYPD, Scales is now charged in federal court for this terrible crime.”

HSI Special Agent-in-Charge Peter C. Fitzhugh said:  “The murder of a bystander during a drug-related shooting is a disturbing crime against the people of this City.  Scales and Horge are charged with serious narcotics and firearms offenses that caused great harm the community, and ultimately resulted in the tragic loss of a young man’s life.  HSI and its law enforcement partners remain committed to ridding our streets of armed and violent drug traffickers, and to doing justice for victims of such senseless violence.”

According to the allegations in the Superseding Indictment[1]:

Between in or about 2016 and in or about 2019, SCALES and HORGE participated in a conspiracy to distribute crack cocaine, cocaine, heroin, fentanyl, and marijuana in the Bronx and elsewhere.  SCALES and HORGE also used, carried, and possessed firearms, which were brandished and discharged, in connection with the narcotics conspiracy, and aided and abetted such firearms offenses.  In addition, in or about June 2017, SCALES conspired to commit murder for hire, agreeing to compensate another individual in return for locating and killing at least one rival drug dealer.  On the night of June 9, 2017, SCALES caused another person to shoot at rival drug dealers, but the shooter missed the targets and hit Joshua Lopez, causing Lopez’s death. 

SCALES, 41, and HORGE, 50, face maximum sentences of life 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 defendants will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of HSI and the NYPD.

The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 [1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment, and the description of the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Governor Cuomo Announces Restaurants, Bars & Other SLA-licensed Entities Must Close In-person Service From 10 PM to 5 AM Daily

 

Delivery and Curbside Pick-Up without Alcohol May Continue After 10 PM

Indoor and Outdoor Gatherings at Private Residences Will Be Limited to 10 People

Gyms Also Required to Close Daily at 10 PM Statewide

New Rules Effective Friday at 10 PM

 Governor Andrew M. Cuomo today announced new COVID-19 restrictions on bars, restaurants, gyms and residential gatherings in New York State.

Effective Friday at 10 p.m., bars, restaurants and gyms or fitness centers, as well as any State Liquor Authority-licensed establishment, will be required to close from 10 p.m. to 5 a.m. daily. Restaurants will still be allowed to provide curbside, food-only pick-up or delivery after 10 p.m., but will not be permitted to serve alcohol to go. The State Liquor Authority will issue further guidance for licensees as to what sales are continued to be permitted.

The Governor also announced that indoor and outdoor gatherings at private residences will be limited to no more than 10 people. The limit will be implemented due to the recent prevalence of COVID spread resulting from small indoor gatherings including Halloween parties. These gatherings have become a major cause of cluster activity across the state. Further, this public health measure brings New York State in line with neighboring states including Connecticut, Massachusetts and Rhode Island. This new rule is also effective Friday at 10 p.m.

"If you look at where the cases are coming from, if you do the contact tracing, you'll see they're coming from three main areas: establishments where alcohol is served, gyms, and indoor gatherings at private homes," Governor Cuomo said. "The reason we have been successful in reducing the spread in New York is we have been a step ahead of COVID. You know where it's going; stop it before it gets there. And you know where it's going by following the science. This is the calibration that we've talked about: increase economic activity, watch the positivity rate - if the positivity rate starts to go up, back off on the economic activity. It was never binary -- economic activity or public health -- it was always both."

Governor Cuomo continued: "The rules are only as good as the enforcement. Local governments are in charge of enforcement. There are only two fundamental truths in this situation: it's individual discipline and it's government enforcement. Period. End of sentence. I need the local governments to enforce this."

The Governor took these actions amid a widespread increase in cases throughout the nation and an increase in New York, which was expected moving into the fall and winter seasons.

Comptroller Stringer Renews Call to Restart Lagging New York City Capital Program

 

Every billion dollars in construction spending creates nearly 5,000 direct construction jobs and hundreds of other indirect and induced jobs; the City’s construction program is also a major source of contracts for minority and women-owned businesses (M/WBEs)

Stringer: Continued capital investment is critical to maintaining our assets in a state of good repair and meeting the service needs of our City now and in the future, to promoting economic recovery, and to providing opportunities to build wealth for women and communities of color.

 New York City Comptroller Scott M. Stringer sent a letter to Mayor Bill de Blasio renewing his call to re-start the New York City capital program. Comptroller Stringer urged City Hall to release an Adopted Budget capital commitment plan that will invest now to enhance the state of good repair of our buildings, infrastructure, and equipment, improve delivery of City services, and grow our struggling economy. This follows the Comptroller’s previous letter to Mayor de Blasio in May, which outlined how the capital program’s long-term benefits – including job creation, economic opportunity, and continued capital investment – would help jumpstart our economic recovery.

Text of the letter is available below.

Dear Mayor de Blasio:

In March, your Administration implemented a halt to most City capital projects with the exception of those related to the COVID-19 pandemic, other health, life and safety issues, or required by legal mandates.  In the capital commitment plan that accompanied the FY 2021 Executive Budget, some $4.2 billion in planned capital projects were removed from fiscal years 2020 and 2021.  Nearly $1 billion in affordable housing projects alone – primarily new construction of extremely and very low-income and supportive housing units – were delayed from fiscal years 2020 and 2021 into later years, as well as almost $900 million in school construction projects.  Total final capital commitments for FY 2020 were $8.06 billion – just half the authorized total for the year, and 36 percent below FY 2019’s total of $12.6 billion.

As I noted when I wrote to you on this subject previously (see enclosure), stopping the capital program has consequences that outweigh any short-term savings that might be achieved.  Continued capital investment is critical to maintaining our assets in a state of good repair and meeting the service needs of our City now and in the future, to promoting economic recovery, and to providing opportunities to build wealth for women and communities of color.

The Adopted Budget capital commitment plan provides an opportunity to re-start the capital plan and move forward on priority projects that will enhance the state of good repair of our buildings, infrastructure, and equipment, provide the necessary capacity for the delivery of City services, and grow our struggling economy.

Our infrastructure needs are ongoing and significant.  We know from the experience of the 1970s that the cost of deferred maintenance is high down the road.  Failing to invest today will only cost us more in the future, when schools are overcrowded and unsuited to modern learning needs, roads and bridges are deteriorated and unsafe, and antiquated equipment is dilapidated and unreliable.

Furthermore, construction creates jobs.  Construction sector jobs in the city remain 13 percent below their level prior to the pandemic.  Every billion dollars in construction spending creates nearly 5,000 direct construction jobs and hundreds of other indirect and induced jobs.  With construction in the private sector forecasted to decline significantly over the next two years, according to the New York Building Congress, increased City government capital construction projects are both needed to help boost construction sector employment, and will be competing against fewer private-sector projects for resources and labor.

The City’s construction program is also a major source of contracts for minority- and women-owned businesses (M/WBE).  In Fiscal Year 2020, the City paid nearly $1.1 billion to 455 M/WBE firms for capital projects. M/BWE firms have been among the hardest-hit during this economic downturn;  a recent survey by my office found up to 85 percent of M/WBE respondents may not be able to keep their doors open for more than another six months.  Among the most consistent asks of City government in our survey was a resumption of the capital program.  As we steadily work to rebuild our citywide and local economies, restarting the City’s capital program would generate  a pipeline of well-paid  construction contracts critical to the survival and recovery of the city’s M/WBE community.

There is no need to pull back on capital spending on the basis of our current budgetary outlook or cash position.  City cash balances remain robust, and, despite recent rating actions, our access to capital markets is excellent and we are consistently achieving attractive yields on our bonds.  The bond refinancings that we have together undertaken since the start of the fiscal year have yielded over $600 million in budgetary savings.

Investing in our future is smart management and sound fiscal policy.  We need the capital program for jobs, for small businesses and minority-owned firms, and for the future.  I once again urge you to start investing in our future again.

Sincerely,

Scott M. Stringer

New York City Comptroller

LEGISLATORS CELEBRATE SIGNING OF LAW TO RESTRICT AUTO-RENEWAL CONTRACTS

 

Legislation from Assemblyman Jeffrey Dinowitz and State Senator Brad Hoylman will make it easier to cancel automatically renewing contracts such as gym memberships.

 Notoriously difficult-to-cancel contracts will soon be reined in under recently signed legislation from State Senator Brad Hoylman and Assemblyman Jeffrey Dinowitz. The legislation (A3173/S1475) was signed by Governor Andrew Cuomo on November 11 and takes effect in 90 days.

 

The legislation requires businesses making automatic renewal or continuous service offers to clearly present the terms of the agreement and would prohibit businesses from charging consumers without their affirmative consent.

 

Furthermore, the legislation mandates that consumers are able to terminate an automatic renewal or continuous service agreement online if that is how they originally signed up. Regardless of how the agreement was entered, all businesses would have to provide a cost-effective, timely, and easy-to-use mechanism for cancellation such as a toll-free telephone number or e-mail address. Many consumers discovered recently that contracts such as gym memberships often require an in-person appearance or certified letter to cancel even if they were originally entered into online.

 

The bill also includes requirements that any “free” giveaways (goods wares, merchandise, or products sent to a consumer) be considered an unconditional gift with no obligation whatsoever to the consumer, unless the business has obtained the customer’s affirmative consent to enter into an automatic renewal or continuous service agreement.

 

The Attorney General of New York State would be empowered to seek an injunction for violations and would allow the court to impose civil penalties for violations that were intentional and did not result from a bona fide error.

 

New York joins states such as California, Oregon, and Virginia in having comprehensive automatic renewal and continuous service laws. At least 25 states have some form of regulation of this type of contract.

 

Assemblyman Jeffrey Dinowitz said: “Consumers have long maligned the onerous and occasionally impossible processes that are required to stop sending their hard-earned money to businesses like gyms or bait-and-switch scams. This new law will add a layer of protection for consumers and will force an end to these predatory business practices. On behalf of New York’s consumers, thank you to State Senator Hoylman for his partnership on this legislation and to Governor Cuomo for signing it into law.”

 

State Senator Brad Hoylman said: “Exercising during this pandemic is hard enough – New Yorkers shouldn’t have to jump through hoops or visit a gym in person simply to quit their membership. Too many gyms, subscription boxes and other companies use misleading offers and promotions to lock unwitting customers into long-term contracts that are ridiculously difficult to get out of. This has been an issue for years, but during the pandemic, it poses a unique and severe risk to immunocompromised and elderly New Yorkers who should not have to risk their health to cancel memberships they no longer can use. I’m grateful to Governor Cuomo for signing this bill, Leader Andrea-Stewart Cousins for supporting our legislation in the Senate, and Assembly Member Dinowitz and Speaker Carl Heastie for passing it through the Assembly as well.”