Statement from Speaker Corey Johnson on Public School Closures

 

“This is a devastating moment for New York City. Through the Council’s oversight, we know that remote learning is failing many of our most vulnerable students, including special education students, those who live in homeless shelters, and those from low-income neighborhoods. We also know that many students do not have the devices they need for remote learning, while others are waiting on Wi-Fi. This was unacceptable in the hybrid learning model and catastrophic now that we are going fully remote. The City needs a detailed plan to keep all students’ learning on track. This should have been done already, but since it hasn’t, they must move quickly to put a plan in place.

“The de Blasio Administration also needs to present the public with a reopening plan. This has been a disaster for parents and caregivers. The least the Administration can do is to be honest about what to expect going forward.”

Pennsylvania Man Sentenced To 25 Years In Prison For His Sexual Enticement Of A Sullivan County Minor And A Pennsylvania Minor

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Peter C. Fitzhugh, Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced today that JAMES EARLY was sentenced by U.S. District Judge Kenneth M. Karas to 25 years in prison for enticing two different minors to engage in illegal sexual activity.  The sentencing today followed EARLY’s guilty plea on November 13, 2019.

Acting U.S. Attorney Audrey Strauss said:  “This case underlines the urgent need for law enforcement to continue its efforts to protect children from those who prey on them.  As today’s sentencing underscores, we will continue to use every tool available to law enforcement to prosecute and punish those who sexually exploit children.”

HSI Special Agent-in-Charge Peter C. Fitzhugh said:  “The sexual exploitation of children is a despicable crime and today’s sentencing sends a strong message that those who victimize the most vulnerable amongst us will be held accountable for their actions. The identification and rescue of child victims of sexual exploitation is one of Homeland Security Investigations top priorities. HSI and our law enforcement partners will continue to vigorously investigate those who prey on children.”           

According to documents filed in this case and statements made in related court proceedings:           

From in or about July 2015 to March 2017, EARLY engaged in sexually explicit communications by text with a female minor (“Victim-1”) in Sullivan County, New York.  In connection with these sexually explicit communications, EARLY persuaded Victim-1 to engage in sexually explicit activity, photograph and video it, and transmit it to him via text.  Victim-1 was 15 when they began their online communications.  Victim-1 sent EARLY numerous sexually explicit photos in direct response to directions she received from EARLY, instructing her exactly what he wanted to see her do.  In addition, on numerous occasions, EARLY sent images of his erect penis to Victim-1 and also images of him masturbating.

From in or about the fall of 2014 to the spring of 2017, EARLY persuaded, induced, and enticed a female minor (“Victim-2”) to engage in illegal sexual activity in the Middle District of Pennsylvania.  EARLY’s sexual abuse of Victim-2 began when Victim-2 was entering 8th grade and was 14 years old. 

In October 2017, a search warrant of EARLY’s residence was executed in connection with the investigation.  Sexually explicit images and videos of Victim-2 were recovered during the search, as well as hundreds of other images of child pornography.

In addition to the prison term, EARLY, 40, of Selinsgrove, Pennyslvania, was sentenced to a lifetime term of supervised release.

Ms. Strauss praised the efforts of Homeland Security Investigations and the New York State Police in this investigation.

Attorney General James Urges Caution to New Yorkers Against Rising Threat of ‘Revenge Porn’ in Time of Coronavirus

 Guidance Will Help New Yorkers Protect Privacy of Intimate Online Conversations 

 New York Attorney General Letitia James today issued an alert to warn New Yorkers about potential invasions of privacy while they are engaged in intimate online or mobile conversations with their partners. As New Yorkers practice social distancing in response to the coronavirus disease 2019 (COVID-19) public health crisis, an increased number of individuals are engaging in intimate conversations with distanced partners with webcams and video chat apps, or are meeting new partners online and dating virtually. Unfortunately, some users have chosen to take screenshots or recordings of their partners without their knowledge or consent and are then threatening disclosure of these intimate images — an act commonly referred to as “revenge porn” — sometimes even forcing partners to comply with certain demands.

Revenge porn was already a widespread problem prior to COVID-19, but recent reports suggest the abuse has increased dramatically as the pandemic has increased the amount of time people spend on social media sites and has led people to use technology more often to communicate. Such reports note that abuses overwhelmingly affect women, who make up 90 percent of revenge porn victims.

“Revenge porn is a vicious form of humiliation and control that disproportionately affects women, and we will continue to fight this cruel form of degradation in New York state,” said Attorney General James. “As New Yorkers continue to social distance during the coronavirus pandemic, we urge all who are sharing intimate and private pictures to follow these tips to protect themselves. We also warn anyone thinking of sharing revenge porn and exploiting their partners to think twice, as we will work with local law enforcement to prosecute all individuals engaging in the illegal act to the fullest extent of the law.”

Since New York, and much of the country, issued stay-at-home orders in March, many dating sites have seen a significant increase in the number of messages sent, and some video chat apps have reported an increase in usage of over 70 percent across platforms. This increase in video chats has come with an increase in intimate images shared as well. While these images may be intended for just a single partner, too often that person may take a screenshot or record the images by using a second device.

Attorney General James released the following tips to help protect New Yorkers from invasions of privacy and minimize the risks of falling victim to revenge porn:

• Do not include identifying details in any intimate image or chat:
  • Exclude your face and any identifying features, such as a unique tattoo or birthmark, in intimate images. Some users can keep their face off-screen in such images, while others can utilize a blurring or cropping feature.
  • Exclude identifiable information in your image’s background, including anything with your name or your employer’s name or logo on it.
  • Exclude identifiable information from your profile, such as your email address or the handles to different social media accounts. Some users even create separate email addresses or social media accounts to use only with dating profiles.
    

• Use dating apps or websites that have safety features. While these features cannot prevent a recipient from recording the screen with a second device, they do offer some protection, including:
  • Providing warnings that notify you if a recipient has taken a screenshot of an image you shared or of your chat history.
  • An “unsend” option for pictures or messages.
  • The ability to delete images or chats from a recipient’s messages.

To discover which apps or websites have these or other safety features, consumers should browse the features list in an app store or on the website of the dating service offering the app. Consumers should note that some of these apps and sites charge separate fees for these safety features. Because features change over time, consumers should continue to review safety features lists for the most up-to-date information.

Last year, the New York state legislature passed and Governor Andrew Cuomo signed S.1719C/A.5981 into law, which created Penal Law § 245.15 that criminalized the publication or dissemination of revenge porn. The law establishes criminal penalties of up to a year in jail and civil damages for abusers, and empowers victims to seek a court order to remove these images online. Attorney General James and the Office of the Attorney General consulted in the creation of this law. New Yorkers who believe they have been a victim of unlawful surveillance or unlawful dissemination of an intimate image can report this crime by calling 911 or contacting a local police station or precinct. 

There are also several service organizations that provide assistance to survivors of violence or who have been threatened by intimate partners. Sanctuary for Families is one of largest service providers in New York providing support to survivors of intimate partner violence. During the COVID-19 crisis, Sanctuary for Families is continuing to offer support to survivors, including assisting survivors in obtaining orders of protection through the virtual family courts. Survivors can access this service, and more, by contacting Sanctuary for Family’s free legal helpline at 212-349-6009, ext. 246.

PUBLIC ADVOCATE RESPONDS TO CLOSURE OF NYC SCHOOLS AMID CITYWIDE COVID-19 SPIKE

 

"All day today, as they have for many months, New York City's parents and principals, teachers and students waited for leadership to explain whether and when the city's public schools would be closed. While they finally have an answer, there is absolutely no leadership present.

"Whether to close schools amid an increase in COVID-19 cases was a question of science and of health. Whether to order that closure with less than sixteen hours before it would be enforced and upend the lives of people across the city is a question of common sense and sound management, neither of which has been seen today or throughout much of this pandemic. This systemic dysfunction goes far beyond the issue of a 3% threshold, and it is inflicting a trauma on the city.

"If closing schools can meaningfully slow the spread and save lives, then it is a step to consider - but today, it is one taken without caution, without knowledge of the next step, without regard for the teachers, parents, students and staff being dragged along by this brinkmanship as the achievement gap widens. As I have repeatedly implored the administration, any closure should come with re-established REC centers for students and parents in greatest need, an investment in effective remote learning, robust family outreach, and a clear-cut plan to re-open with a phased approach when science and safety dictate. People are scared and stressed, and need plans and assurances. Today, we have only executives governing by haphazard tweets and combative press conferences, from City Hall and the State Capitol to the White House.

"It has been my hope that as New York faces down a rising second wave of COVID-19, we have learned from the mistakes that led to our becoming the epicenter of the pandemic, but with each announcement, or lack of an announcement, it seems clear that our executives have not."

Statement from New York City Comptroller Scott M. Stringer on the Citywide Closure of Schools

 

“As a public school parent, I am angry about the leadership that failed to make it possible to keep schools safe and open. It is a sad irony that schools are closing on the same day my office went to court to stop the stonewalling of our investigation into the de Blasio Administration’s response to the first wave. And while our kids will no longer have access to in-person instruction, people are still dining indoors, going to gyms, and working in non-essential offices. This does not pass the common sense test.

“Thousands of families, including mine, will continue to muddle our way through this school year, and Elyse and I are enormously grateful to the boys’ teachers and their colleagues throughout the city. We absolutely must turn our attention to the 100,000 New York City public school students without internet access — 13,000 of whom are in homeless shelters, many with special needs. These are the children government must be fighting for, and failing them is a moral failure. Two weeks ago I proposed recommendations to give these students internet access to enable remote learning, and provide them with much-needed support. Mayor de Blasio owes it to our children to adopt my recommendations or find another way, immediately, to make sure all of our children — most especially those in need — can learn even as the doors of our schools are shut.”

Mayor de Blasio Announces he is Closing All Schools Since the City Has Reached the Three-Percent Level of COVID-19

 

Mayor Bill de Blasio: Good afternoon, everyone. Everyone has been working so hard to fight back the coronavirus. New Yorkers continue to do the right thing, getting tested. So much going on, but this morning we had bad news. We spent some time confirming it and double checking it, because it is exactly on the number of 3.00 percent. But unfortunately, as of today, on our seven-day rolling average for corona virus positivity, New Yorker City had exactly 3.0 percent, and, as a result, we do need to close our schools for the coming days. No one is happy about this decision, we all in-fact are feeling very sad about this decision, because so much good work has been put into keeping the schools open – and opening them up to begin with, let’s start there – opening the schools when almost no other major school system in America opened making them so safe. But we set a very clear standard and we need to stick to that standard, and I want to emphasize to parents, to educators, to staff, to kids that we intend to come back and come back as quickly as possible. We are working right now with the State of New York, and that was a lot of what we talked about this morning. I had a number of conversations with the Governor and our teams have been talking throughout the morning on exactly what it would take to come back and bring our schools back quickly. And it will be a higher standard. I want that to be clear. We have a stringent health and safety standard right now. We’re going to have to raise that up even higher to be able to bring our schools back but that’s exactly what we intend to do. We’re going to have to focus even more on testing. And I want to emphasize, testing is going to be crucial to the successful reopening of our schools and everyone has got to get engaged even more on testing. I guarantee you that part of that plan will be an even heavier emphasis on testing and therefore want to say to everyone in the school communities, starting with parents and kids, we need to get those testing consent forms even as we’re in this moment of pause. We need to get ready to come back. We need everyone to get those testing consent forms in so we can get into a deeper testing regime.  

  

The State – the Governor and I spoke several times. Obviously, he has laid out some of the additional measures the State likely will be taking quite soon in New York City. Additional restrictions across the board that will affect a number of different industries, a number of different parts of life in this city because we are dealing with a bigger problem all over New York City and state, all over the country, the region. We have to do more to fight back this second wave. So, the State has made very clear additional restrictions are coming and coming soon. But we’re focused on now is making sure that we are working with all families to get them the remote learning they need in the interim, that we’re putting more stringent measures in place so we can get schools back up and running soon, that we can protect New Yorkers across the board working with the State to take the right steps to make sure that we address the kind of activities that might create a particular danger and keep people safe. It will come back every single time to the basics, to the mask wearing, to getting the tests. We’re going to keep going deeper on that.   

  

But I want to affirm, before I turn to the Chancellor, I want to affirm that as much as we are unhappy today that this moment was reached, we are resolved to keep fighting. That is what New Yorkers do. And we will overcome this moment. Remember, thank God we’re having this conversation with the backdrop of not one but two vaccines now on the horizon and the fact that we expect to get a lot more support from Washington going forward on a variety of fronts. So, we’re going to fight this back. This is a setback but it’s a setback we will overcome. And I know our Chancellor and everyone at the DOE today is sad that this moment has come but now are resolute about making sure we serve families and kids in the meantime and then getting back up and running with our schools as quickly as possible. Let me now turn to our Chancellor, Richard Carranza.  

  

Schools Chancellor Richard Carranza: So, thank you, Mr. Mayor. You’re absolutely right, this is not a happy for us in the Department of Education. It’s been an eventful and very challenging year in so many ways and to say the least. And our schools have opened and been remarkably safe with a 0.19 positivity rate. They’ve also been safe havens for our children, and we know our students need that interaction so we feel a deep sense of commitment to making sure we can open for in-person learning again as soon as it is physically safe to do so. Just this morning I was visiting at P. S. 73 in the Bronx and I want to give a shout out to Principal Vivian Bueno. And the smiles and the interaction of her teachers and the students and the love and support that those teachers were showing for those students is something I cannot wait – and I know you can’t wait, Mr. Mayor – to see again very soon.  

  

And we carry that same urgency with us today as we announce this temporary closure. And I want to emphasize that we are looking at this as a temporary closure. We will get students back in buildings as soon as we can safely. This is our number priority and our number one focus to get our students back in person as soon as possible. We’re committed to making sure that our students have what they need to be successful and I want to remind everyone that is listening here today that school is still in session. We are pivoting to remote instruction rather than the in-person instruction that some of our students have been receiving. So, school is still in session and students will still continue to learn and be supported by our teachers. And I also want to remind families that we will continue to communicate with families about device support and tips for remote learning.   

  

In addition, free meals for all students will still be available, and this is critically important. Principals will work with their staff to make sure that there are windows of time to pick up materials at buildings over the next several days and as needed throughout this time period. We have focused on these challenges before and we’ve learned a great deal together. New Yorkers have proven that they are ready and willing to do this fight against this virus. We need to ask you that again it’s important that we follow all of the safety protocols. With the holidays coming, please, we understand but it’s important more than ever that we follow the advice of our medical professionals so that we’re able to get back to in-person learning as quickly as possible. That is how we will get our schools back open in person learning. So, again, I’m grateful for the tireless efforts of our educators, staff, and I know our students and families as well. So, please let’s follow the advice, let’s follow the guidance, let’s take on this challenge as we’ve done all along and together, we’ll get through this and we’ll all get back to in-person learning as quickly as possible.  

  

Mayor: Thank you so much, Chancellor. And everyone just to put in perspective, we made a decision to have the most stringent standards in terms of the, as I like to call, the gold standard that we put together to bring back schools, the health and safety measures we put in place. They obviously have worked. They’ve kept our kids, our educators, our staff safe but we also said the three percent standard mattered. Now to put that in perspective and to remember that New York City is in the middle of a battle, we are at three percent. New Jersey, our neighbor, unfortunately, now is at eight percent. Chicago, third biggest city in the country, 16 percent. We are in the midst of a challenge and we cannot let this challenge deepen but we also need to take heart from the fact that we have held off this second wave as well as we have so far, and there’s still more work to be done. That’s why we will need additional restrictions, that’s why we’re going to need everyone to participate even more – everyone to get tested, everyone to pay attention, and act on those core four precautions we’re asking everyone to be a part of. It will make a difference. So, we have a challenge. We’re going to fight back this challenge.  

  

Let me go over today’s indicators. Number one, daily number of people admitted to New York City hospitals for suspected COVID-19. Threshold, 200 patients. Today, 114. So, we’ve seen some increase there but again, thank God that number still remains lower than the other indicators proportionally, and we still see our hospital system doing well. But the confirmed positivity rate continues to go up again. It is at 43.86 percent among those patients. Okay, number two, new reported cases on a seven-day average. Threshold, 550 cases. Today’s report 1,212. Again, much, much higher than we want it to be. Number three, percentage of people testing citywide positive for COVID-19. Threshold five percent, today’s daily report is 2.75. But the number we’ve looked at the most consistently is the seven-day rolling average and that is literally exactly 3.00 percent.

Each New York City borough's percentage of positive test results reported over the last three days is as follows:

BOROUGH	SUNDAY	MONDAY	TUESDAY
Bronx	2.5%	3.7%	3.9%
Brooklyn	1.9%	2.3%	2.6%
Manhattan	1.6%	2.3%	2.2%
Queens	3.3%	3.1%	3.3%
Staten Island	3.1%	4.8%	4.3%

NYS Office of the Comptroller DiNapoli: State Tax Revenues Down $3 Billion

 

State tax revenues through October totaled $43.8 billion, $3 billion lower than the same period in the previous fiscal year, according to the monthly State Cash Report released today by New York State Comptroller Thomas P. DiNapoli.

“Revenues are down and New York continues to withhold billions of dollars in spending due to the fiscal impact of the coronavirus pandemic,” DiNapoli said. “Caution is needed because rising infection rates may force more shutdowns and even greater economic damage. Washington must respond with more economic stimulus, including real relief for state and local governments.”

DiNapoli noted that spending from State Operating Funds, which pays for the state’s day-to-day operations as well as certain local assistance, through the first seven months of the fiscal year was $49.9 billion, or $6.1 billion lower than a year earlier. This is due to several factors including an increase in federal Medicaid reimbursements and according to the state Division of the Budget (DOB), withholding of $2.6 billion, including $2.4 billion in local assistance payments, through September.

Total tax receipts in October of $4.3 billion were $432.9 million below DOB’s projection in its FY 2021 Mid-Year Update, issued Oct. 30, but $320.1 million higher than DOB’s projection in its First Quarter Update issued in August. While DOB did not change its projections of tax receipts for the full 2020-21 fiscal year in the Mid-Year Update, it revised estimates for the remaining months of the fiscal year, including an increase in total October tax receipts of $753 million from its August projection.

Personal income tax revenues in October were $46.8 million, or 1.8 percent, below those in the previous year. Sales tax receipts in October were $97.7 million, or 7.9 percent, lower than a year earlier. Year-to-date sales tax collections through October were nearly $1.5 billion below a year earlier.

As of Oct. 31, the General Fund held a balance of $14.9 billion, $1.2 billion lower than projected by DOB, and $6.1 billion higher than last year at the same time. The higher balance is driven partly by $4.5 billion in proceeds from short-term borrowing that DOB anticipates repaying before the end of the fiscal year.

October Cash Report

NYS DIVISION OF CONSUMER PROTECTION OFFERS TIPS FOR A SAFE AND HAPPY HOLIDAY SHOPPING SEASON

 

Seven-Part Shopping Series to Assist Consumers Navigating this Year’s Pandemic Holiday Season

Tips to Help Consumers Adjust and Ensure a Safe and Happy Holiday Shopping Season

The New York State Division of Consumer Protection today announced the rollout of a seven-part consumer alert series to help New Yorkers navigate new holiday shopping pitfalls. As a result of the COVID-19 pandemic, most experts predict this year’s online holiday shopping season may top records – both in sales and in scams. In the coming weeks, consumers will receive guidance on equitable pricing requirements, credit cards, gift cards, refunds, warranties and data privacy.

“This holiday season, we want all New Yorkers to stay safe and understand their rights. Online shopping provides convenience and helps people maintain social distancing but is not without risks,” said New York Secretary of State Rossana Rosado, who oversees the Division of Consumer Protection.  “Consumers need to be aware of the New York laws that protect them, and ways they can protect themselves while shopping this holiday season.”

Package tracking and delivery scams are rife during the holidays. It is important for consumers to keep track of their packages and note any issues right away directly through the merchandiser’s websites.

Another common scam this time of year is scammers using phishing emails and impersonating delivery companies (e.g. UPS, USPS, FedEx), banking and credit card companies, and other large retailers (e.g. Netflix, PayPal, eBay, Amazon), which often include links to sites attempting to steal your information. Always open a browser and type the company’s website address yourself instead of clicking on a link in an email.

Shop safely this holiday season with these additional tips:

Know Your Rights:

• The Federal Mail, Internet, or Telephone Order Merchandise Rule (the Mail Order Rule) states that your order must be delivered within 30 days unless otherwise stated at the time of purchase. If there is a delay, you must be notified. If the company cannot reach you to obtain your consent to the delay, they must, without being asked, promptly refund all the money you paid for the unshipped merchandise.

Savvy Online Shopping Tips:

• Shop on trusted sites with retailers known to you. In the era of social media marketing and influencers, consumers are more exposed to sham businesses that advertise a premier product but only deliver a low-quality version of the advertised item, if they deliver anything at all. Use caution on trusted sites that host items for third-party sellers.
• Beware of third-party vendors. If redirected from a trusted site to a third-party site, read the seller’s policies, review ratings, read consumer comments and most importantly do a broad internet search before making your purchase. Trusted retailers who host third-party sellers do not warranty their sales, thus you could get a substandard product or no product at all when you take the risk and purchase from an unknown third-party vendor.
• Do your research if you want to try a new site or retailer. Performing a broad internet search will provide you with important feedback from other customers. Are there any reviews? How is the company responding to its customers? Read the comments within any social media advertisements. This will help you assess what to expect if something goes wrong.
• Read product specifications. Online marketing is geared to get you to buy so it is important to understand the product you are purchasing and the terms of the sale to ensure you are getting what you want.
• Comparison shop. Search other websites to compare price, quality, return policies, delivery cost and speed. Buying the “cheapest” advertised price may cost you more when you factor in delivery charges in the short term or return policies in the long term.
• Protect your privacy. Our devices are generally defaulted to share the maximum amount of data as possible. Take precautions and make changes to your settings to limit the personal data you share.

Tips for Using Credit Cards Online:

• Check the website’s encryption, it’s easier than you think. Before entering your credit card information, make sure that the website’s address begins with “https” and that there is a closed lock or unbroken key symbol in the lower portion of your window or up on the website address bar.
• Don’t keep the credit card on file for future purchases. Provide your credit card number each time you make a purchase.
• Designate one credit card and one email address for online shopping. This will allow for easy review of purchases and provide protection in case of a dispute.

Online Privacy Protection Tips:

• Protect your passwords. The key to safe passwords is to update them regularly and make them unique. Try using a passphrase instead of a password and include special characters and numbers. If it’s difficult to remember so many passwords, try a password manager with multi-step authentication to manage your passwords.
• Avoid autofill. Saving usernames, passwords, and credit card information on your device saves time. Unfortunately, it also makes it easier for thieves to get access to that information if they access your account or device. Re-entering important information each time – as opposed to autofill – is an extra step to safeguard personal information.
• Check social media logins. Many apps allow you to use your social media credential to create a new account on their platform, but when you stop using those apps, your social media accounts still have access to the information. Once a year, check the list of apps that you access through your social media account and delete any you do not recognize or no longer use.
• Secure your connections. Do your shopping while connected to a secure network, rather than public WiFi or an unknown WiFi server. Public WiFi does not mask any information, even if a website or app seems secure. Usernames, passwords, credit card and account information can be easily seen by hackers who are logged into the same network. On home networks, keep operating systems and antivirus software up to date with the latest security patches and ensure the network has a strong password.
• Don’t become the product. Everything you do on your computer or device creates a digital imprint. That information is often compiled, tracked and sold to interested parties to better market products directly to you. This is called “behavioral advertising.” You can shut this feature off on your devices. Go to your device’s main settings and look for the settings marked “Privacy.” You can adjust the privacy settings to your comfort level.

If you encounter a marketplace problem or are concerned about a scam, you are encouraged to file a complaint with the Division of Consumer Protection.

The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. The Consumer Helpline, 800-697-1220, is available to assist consumers Monday through Friday, 8:30am-4:30pm. Consumer complaints can be filed anytime online at the Division website, www.dos.ny.gov/consumerprotection. To view consumer alerts, consumers can visit https://www.dos.ny.gov/about/newsroom.html. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.