Governor Cuomo Signs Legislation Permitting the Use of Municipal Space for Outdoor Dining

 

Legislation Extends the Governor's Executive Order That Was a Critical Lifeline to Restaurants and Bars

New Law Allows Restaurants to Operate on Municipal Sidewalks and Closed Streets

 Governor Andrew M. Cuomo today signed legislation (S.6353-A/A.7733) that will allow restaurants to utilize municipal spaces like sidewalks and streets for outdoor dining. First granted under an executive order by the Governor, this law allows restaurants to continue using these public spaces for another year as they recover from the economic devastation brought by the COVID-19 pandemic.

"As we build New York back better than it was before, it's important that we learn from the past and capitalize on those efforts that helped so many of New York's small businesses survive amid the global pandemic," Governor Cuomo said. "By extending the much-needed lifeline that allowed restaurants to use outdoor public spaces for seating during the pandemic, New York is ensuring that these small businesses will be able to continue to use these spaces as they work to rebuild and support the revitalization of the Empire State."

Restaurants were especially impacted by the pandemic, with many continuing to struggle as New York recovers. The continued use of public spaces builds upon other supports provided to these establishments by the state, including the $800 million COVID-19 Pandemic Small Business Recovery Grant Program. 

Initially issued in June 2020 and expiring after a year, the Governor's executive order allowed restaurants and bars to serve their patrons food or beverages on-premises in outdoor space while their indoor capacity was limited. Specifically, these establishments were permitted to expand the licensed premises to use public space such as sidewalks or closed streets, subject to reasonable limitations and procedures set by the State Liquor Authority and the safety and supervision plans of the local municipality.

With the conclusion of the declared Disaster Emergency, the executive orders must be codified by the Legislature to continue in effect or rely on other existing regulatory power of a state agency. In this case, the legislation was necessary to allow the state Liquor Authority the discretion to continue the use of this space without prior approval.

Restaurant usage of outdoor public space must meet all federal, state, and local laws, rules, and guidance, according to the signed legislation. Restaurants must also have a temporary use permit from the municipality, which is tasked with ensuring the public space is used in a safe, orderly manner. New applicants will need to provide community notification in a manner consistent state Alcoholic Beverage Control Law.

Attorney General James’ Statement on New Law That Allows NYS to Hold Gun Manufacturers Responsible for Gun Violence

 

 New York Attorney General Letitia James released the following statement after Governor Andrew Cuomo signed into law the “Public Nuisance Bill” (S.7196/A.6762), which aims to restore the ability of states and localities to bring civil liability actions against firearm manufacturers and sellers for negligence:

“In 2005, Congress took unprecedented action to usurp states’ rights and give gun manufacturers and distributors blanket immunity for gun violence perpetrated as a direct result of their marketing and distribution of firearms. Plain and simple, this was federal overreach to protect the gun industry in every way possible. But, today, New York state took an important step to right that wrong and protect its citizens from gun violence. As the state’s attorney and chief law enforcement officer, I look forward to enforcing the Public Nuisance law and I stand ready to defend it against all legal challenges. Thank you to Senator Myrie and Assembly member Fahy for sponsoring this bill, Governor Cuomo for signing it into law, and the many advocates for their role in crafting this mechanism for New York state to protect its own residents.”

179 Days and Counting

 

The July 4th holiday is over, and our sanitation department is busy cleaning up the paper that was dropped on our fine essential workers of the city who participated in the Cannon of Hero's Parade. We cancelled the ceremony at City Hall due to the heat, so be careful today and stay hydrated and out of the direct sun. 

It looks like Eric Adams the Democratic Primary winner will be your next Mayor after I leave in 179 days. Yes I know there is a general election in November, but I can't remember the last time a Republican was the Mayor. Bloomberg was really a Democrat who bought the Republican line. 1993 doesn't count, because it was a year where crime rose to a point the public lost confidence in Mayor Dinkins, much like I could never get re-elected with the steep rise in crime the city is going through. 

Statement from The Bronx Democratic Party on Primary Election Results

 

The Bronx Democratic Party released a statement following the latest results of the absentee ballot count and ranked-choice voting tabulation in the Democratic primary election, which saw victories for progressive candidates and history-making wins in races across the borough. 

Eric Adams has won the Democratic nomination to become Mayor of New York City. Council Member Vanessa L. Gibson will make history as the next Bronx borough president, becoming the first woman to hold the seat and The Bronx’s first Black borough president. Brad Lander will become the next City Comptroller. The Bronx Council delegation will be led by a majority of women of color. Candidates supported by the Bronx Democratic Party will represent the borough in the City Council after winning their primaries: Diana Ayala (District 8), Eric Dinowitz (District 11), Kevin Riley (District 12), Marjorie Velázquez (District 13), Pierina Sanchez (District 14), Oswald Feliz (District 15), Althea Stevens (District 16), Rafael Salamanca Jr. (District 17), and Amanda Farías (District 18). 

“We want to congratulate all of the candidates on their well-deserved victories and wish them success in their roles. Congratulations to our next Mayor Eric Adams, Bronx Borough President Vanessa L. Gibson, and Comptroller Brad Lander on their wins. These victories are a testament to the dedication and hard work of the candidates, countless staff members, volunteers, and supporters, and their forward-thinking vision for The Bronx,” said Chair Jamaal T. Bailey.

“These are historic wins for The Bronx and the entire city. As we work towards more representative leadership and an equitable recovery, the Bronx Democratic Party is proud to have supported so many incredible progressive women running to represent our borough. We look forward to working alongside our new leadership to ensure The Bronx emerges from this crisis stronger than ever.”

FOUR DEFENDANTS INDICTED FOR SEX TRAFFICKING OF TWO TEEN GIRLS AND AN 18-YEAR-OLD WOMAN IN THE BRONX

 

Defendant Coerced Victims Using Violence and Drugs

 Bronx District Attorney Darcel D. Clark today announced that three Bronx men and a woman have been indicted on charges including Sex Trafficking of a Child, Promoting Prostitution and other charges involving two 15-year-old girls and an 18-year-old woman. 

 District Attorney Clark said, “These defendants allegedly profited from the sex trafficking of vulnerable teens. They manipulated these girls by all means: taking their money, beatings, strangling and drugs. Two of the defendants are mother and son. We are glad these victims are finally out of that horrible, degrading situation.” 

 District Attorney Clark said the defendant, Marvin Flint AKA Merk, 30, of 1010 East 178th Street; Zyair Harris AKA Zay, 24, of 2354 Glebe Avenue; Curtis Laboy AKA Shawn, 24, of 2115 Cross Bronx Expressway; and Melina Laboy AKA Chica Peek, 41, of 2415 Williamsbridge Road; were variously charged in a 35-count indictment with Sex Trafficking of a Child, second, third and fourth-degree Promoting Prostitution, Sex Trafficking, Compelling Prostitution, third-degree Criminal Sexual Act and Endangering the Welfare of a Child. Flint was arraigned on June 29, 2021 before Bronx Supreme Court Justice Raymond Bruce. He was remanded and is due back in Court on July 27, 2021. Melina Laboy was arraigned on June 30, 2021, Harris was arraigned on July 1, 2021, and Curtis Laboy was arraigned on July 2, 2021, all before Bronx Supreme Court Justice George Villegas. The defendants were remanded and are due back in court on July 8, 2021.

 According to the investigation, in November 2020, Harris recruited a 15-year-old girl to engage in prostitution. Harris and Flint allegedly took photos of the teen and posted them online as ads. For weeks, the victim engaged in prostitution daily. The defendants directly profited from the exploitation of the victim. During December 2020, Harris assaulted the victim for various reasons, such as the victim collecting the wrong amount of money. Harris allegedly struck the teen in the face and body and strangled her until she became unconscious on various occasions. Due to the increasing violence and threats under Harris, Flint recruited the victim to work for him only. Flint also beat the victim on multiple occasions, including one incident in which he beat the teen with a towel rod he had ripped off the bathroom wall. Flint also plied the victim with Ecstasy and cocaine so she could continue engaging in sexual acts with strangers in exchange for money.

 On April 27, 2021, the NYPD conducted a rescue operation for the victim after her mother reported her missing and photos of her were seen in online ads. The victim was recovered from Flint’s home, but on April 30, 2021, the teen ran away from home and was with Flint until May 8, 2021.

 According to the investigation, between November 15, 2020 and May 8, 2021, Harris and Flint worked with Curtis Laboy in the sex trafficking of an 18-year-old woman and another 15- year-old girl. In December 2020, Curtis Laboy allegedly told the 18-year-old victim, who was homeless, that she could make money with him. Curtis Laboy allegedly posted ads online of the victim, and between December 2020 and February 2021 the 18-year-old engaged in prostitution. Curtis Laboy profited from the exploitation of the victim and threatened her with violence if she did not follow his rules.

 On February 2, 2021, Curtis Laboy allegedly recruited the 15-year-old victim, who knew the 18-year-old victim, and he posted photos of the 15-year-old in online ads. The victim stayed at the 7 Days Hotel on Bruckner Boulevard for two weeks and engaged in prostitution at least one time at the behest of the defendant. Curtis Laboy’s mother, Melina Laboy, would allegedly go to the 7 Days Hotel to enforce rules and informed her son when the victim did not follow them. She also allegedly transported the victim to other locations so she could engage in sexual acts with others in exchange for a fee, as arranged by defendants.

 District Attorney Clark also thanked the NYPD Bronx Vice Module, NYPD Vice Major Case Squad, NYPD Human Trafficking Squad and the NYPD Manhattan North Vice Module for their work in the investigation. District Attorney Clark specifically thanked Detective Mark Shackel and Lieutenant Amy Capogna, both of the NYPD Human Trafficking Squad, and Detective Denis Regimbal of the NYPD Vice Major Case Squad for their assistance in the case. 

 An indictment is an accusatory instrument and not proof of a defendant’s guilt.

Governor Cuomo Announces 70% of All Eligible New Yorkers Have Received At Least One COVID-19 Vaccine Dose

 

Statewide 7-Day Average Positivity is 0.58%

27,306 Vaccine Doses Administered Over Last 24 Hours

347 Patient Hospitalizations Statewide

 Governor Andrew M. Cuomo today announced that 70 percent of all eligible New Yorkers—those 12-years-old and older—have now received at least one vaccine dose. On June 15, Governor Cuomo announced that COVID-19 restrictions are lifted immediately as 70 percent of New Yorkers aged 18 or older have received the first dose of their COVID-19 vaccination series.

"We continue to fight this virus by making sure every single eligible New Yorker gets vaccinated for COVID-19, and our state's ability to beat it for good depends on getting shots in arms," Governor Cuomo said. "That's why New York State is offering incredible incentives to make sure we get as many New Yorkers vaccinated as possible and move our state into the future. I urge everyone who hasn't yet taken the shot to do so today—appointments, including walk-ins, are available at sites across the state."

 

Today's data is summarized briefly below:

• Test Results Reported - 35,339
• Total Positive - 255
• Percent Positive - 0.72%
• 7-Day Average Percent Positive - 0.58%
• Patient Hospitalization - 347 (+17)
• Patients Newly Admitted - 49
• Patients in ICU - 78 (-2)
• Patients in ICU with Intubation - 40 (+1)
• Total Discharges - 185,161 (+28)
• Deaths - 7
• Total Deaths - 42,993
• Total vaccine doses administered - 21,359,637
• Total vaccine doses administered over past 24 hours - 27,306
• Total vaccine doses administered over past 7 days - 270,827
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 69.9%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 64.5%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 72.6%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 66.0%
• Percent of all New Yorkers with at least one vaccine dose - 58.2%
• Percent of all New Yorkers with completed vaccine series - 53.3%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 60.5%
• Percent of all New Yorkers with completed vaccine series (CDC) - 54.6%

 

Beautify the Park Days Mondays. Meet at 9am sharp! July 12 to July 26 Help keep the park clean. All work tools and supplies provided. Volunteers must follow social distancing guidelines; those who have not been vaccinated must wear a mask. Meet at the south end of Van Cortlandt Golf House. Youth Run Farmstand  Wednesdays, 2pm to 7pm July 7 to October 27 Celebrate 10 years of our Youth Run Farmstand! Purchase locally grown produce at affordable prices every Wednesday through the end of October. Yummy features include Bronx Hot Sauce, coffee, fresh bread, and more. Click here to sign up for our Farmstand eblast. Located in the Train Park at Gale Place and Orloff Ave. Funk Shui NYC Concert on the Lawn Thursday, July 29, 7pm to 8pm Groove to soulful tunes at an outdoor, live concert with Funk Shui NYC, a 13-member band that plays funk, lounge, and rock music. Its members are some of New York City’s most respected freelance musicians. Space is limited in keeping with Covid guidelines. RSVP is required.  Hosted by Van Cortlandt Park Alliance and Van Cortlandt House Museum. Concert will take place on the lawn of Van Cortlandt House Museum.   Enter the park at Broadway and W. 246th Street. 21 in ‘21 Sign up by October 1st! There’s still time to join the challenge to hike or run 21 miles in Van Cortlandt Park anytime during 2021! There’s great swag, and your participation helps keep the park green and clean! For more information and to register, click here.

Share Tweet Follow

Van Cortlandt Park Alliance 80 Van Cortlandt Park South, Ste. E1 Bronx, NY 10463 www.vancortlandt.org

Leader Of “Mike’s Candyshop” Drug Delivery Service Pleads Guilty To Narcotics Distribution That Resulted In The 2018 Death Of Colin Kroll

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced that ARIEL TAVAREZ, a/k/a “A,” a/k/a “Mike,” pled guilty today in Manhattan federal court to conspiring to distribute heroin, cocaine, fentanyl, and a fentanyl analogue, and to distributing narcotics that caused the 2018 death of Colin Kroll, the co-founder of the video hosting service Vine and the trivia game application HQ Trivia.  TAVAREZ pled guilty before United States District Judge Katherine Polk Failla. 

U.S. Attorney Audrey Strauss said: “For years, Ariel Tavarez operated a covert on-demand delivery service for the distribution of highly addictive and dangerous drugs.  Tavarez and his underlings peddled their poison, which Tavarez sometimes secretly laced with deadly synthetic opioids, throughout New York City.  Thanks to the tireless efforts of law enforcement, Mike’s Candyshop is permanently closed.”           

According to the allegations in the Indictment, and statements made in Court:

TAVAREZ was the leader of a drug trafficking organization (the “DTO”) that engaged in a drug delivery service, which identified itself as “Mike’s Candyshop.”  The DTO delivered heroin and cocaine (sometimes laced with fentanyl and a fentanyl analogue) on demand to customers in New York City, and distributed numerous kilograms of heroin and cocaine throughout the course of the conspiracy.  Mike’s Candyshop generally operated seven days per week, from approximately 6:00 p.m. to 12:00 a.m., with the exception of major holidays such as Thanksgiving, New Year’s Eve, and Labor Day. 

Customers of the DTO placed delivery orders via text message to a centralized phone number (the “Candyshop Number”).  The operator of the Candyshop Number was usually TAVAREZ.  Using the Candyshop Number, TAVAREZ accepted customer orders and subsequently arranged for a courier working for the DTO to deliver the narcotics to the customer, usually within hours of the customer texting his or her order to the Candyshop Number.  Certain of the DTO members, including Christian Baez, Luis Meson, a/k/a “Sito,” Gregoris Martinez, a/k/a “Greg,” Kevin Grullon, a/k/a “Kev,” a/k/a “JB,” and Jeffrey Urena, a/k/a “Jeff,” a/k/a “Jay,” served as couriers for the DTO, and regularly delivered and sold narcotics to the DTO’s customers in hand-to-hand drug transactions coordinated through the Candyshop Number. 

The DTO stored heroin, cocaine, a fentanyl analogue, and cash from drug sales in various stash locations maintained by the DTO, including in Brooklyn, New York.  In an effort to avoid law enforcement detection, the DTO sold only to customers who had been referred by existing customers, periodically changed the Candyshop Number, used coded language to discuss narcotics, and delivered narcotics directly to customers at locations specified by the customer.  As a means of marketing its cocaine, and to ensure that the DTO’s customers knew the cocaine provided by the couriers belonged to the DTO, the DTO sold its cocaine in vials sealed with different colored tops. 

On or about December 16, 2018, Colin Kroll, a customer of the DTO, died of a drug overdose in New York, New York.  The narcotics that caused Kroll’s death – cocaine, heroin, fentanyl, and a fentanyl analogue – were purchased from Mike’s Candyshop on the evening of December 14, 2018. 

TAVAREZ pled guilty to one count of conspiring to distribute heroin, cocaine, fentanyl, and a fentanyl analogue, the use of which resulted in the death of Colin Kroll on or about December 16, 2018.  This count carries a statutory mandatory minimum term of 20 years in prison and maximum penalty of life in prison.  The maximum and mandatory minimum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

TAVAREZ is scheduled to be sentenced by Judge Failla on November 23, 2021.           

Baez, Meson, Martinez, Grullon, and Urena each previously entered a plea of guilty to participating in the Mike’s Candyshop narcotics trafficking conspiracy.  Martinez was sentenced on June 29, 2021, to 72 months in prison by Judge Failla.  Baez, Meson, Grullon, and Urena will be sentenced later this year by Judge Failla.

Ms. Strauss praised the outstanding investigative work of Homeland Security Investigations, the Drug Enforcement Administration, the New York City Police Department, and the Organized Crime Drug Enforcement Task Force.  This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.