Friday, October 15, 2021

Attorney General James Sues Cemetery Companies That Cheated New Yorkers

 

Polanco Monuments and Heavenly Monuments Charged Grieving Families for Burial Monuments That Were Never Provided and Illegally Advertised and Solicited Services

  New York Attorney General Letitia James today announced that she has filed a lawsuit against two cemetery monument companies for failing to provide grieving families with the tombstones and other burial monuments they purchased. The lawsuit — filed against Polanco Monuments and Heavenly Monuments — charges that the companies and their owners engaged in a deceptive and fraudulent scheme in which they induced vulnerable New Yorkers, coping with the death of loved ones, to pay upfront fees for monuments and tombstones, but never provided the monuments. The companies refused to issue refunds, failed to provide contracts in accordance with the law, falsely advertised their services, and conducted unsolicited offers to potential customers through mail and through home visits.

The Office of the Attorney General’s (OAG) investigation found that these companies cheated 26 individuals from the Bronx and Nassau County out of more than $50,000 in total and repeatedly refused requests for refunds for services that were paid for, but never rendered. The lawsuit seeks restitution for the consumers who were cheated by these companies, and for other consumers who were subject to the companies’ illegal, unsolicited offers through mail or home visits. 

“During the darkest time in their lives, families shouldn’t have to deal with the additional burden of being preyed upon and cheated by companies that are supposed to help them,” said Attorney General James. “Polanco and Heavenly Monuments shamelessly stole thousands from grieving New Yorkers who were simply trying give family members and loved ones the respect they deserve. On my watch, we will never allow deceptive practices of any kind and we will not hesitate to hold bad actors accountable to the fullest of the law.”

The lawsuit, filed in Bronx County Supreme Court, alleges that owners Ramon Polanco and Juan Polanco engaged in a scheme, in which they sold burial monuments that were never provided and illegally advertised and solicited business. Polanco and Heavenly Monuments distributed brochures and flyers at funeral homes, interacted directly with consumers during unsolicited house visits, and on their website and other online platforms such as Yelp. In fact, the owners employed these tactics to lure consumers into paying upfront fees for cemetery monuments that they never intended on providing. When consumers followed up to inquire about the status of their purchase, they were repeatedly stalled with excuses and often, their calls went unanswered. Many of their contracts failed to include terms required under state law. When consumers showed up in person to inquire about their purchase status, they learned that the businesses had abruptly closed without any prior notice.

Attorney General James seeks to enjoin Polanco and Heavenly Monuments from engaging in further deceptive and fraudulent behavior, and to compel the two companies to pay restitution to the 26 individuals who were cheated out of a total of more than $50,000. The OAG is also requesting a financial accounting of each consumer’s transactions to determine whether any other individuals were similarly injured. 

The OAG investigation was conducted by Investigators Michael Christian and Heather Harmer, under the supervision of Supervising Investigator Paul Matthews. The Investigations Bureau is led by Chief Investigator Oliver Pu-Folkes. This matter is being handled by Assistant Attorney General in Charge of the Harlem Regional Office Roberto Lebron and Assistant Attorney General Kurtis Falcone. The Harlem Regional Office is a part of the Division for Regional Affairs, which is led by Deputy Attorney General for Regional Affairs Jill Faber and overseen by First Deputy Attorney General Jennifer Levy.

NEW YORK CITY ANNOUNCES THE ABCs OF HEALTHY RELATIONSHIPS

 

Interactive Web-based Resources for Building Healthy Relationship Skills in Elementary School-Aged Children

 The Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) in partnership with the Department of Education (DOE), leading youth dating violence prevention organization Day One, the Mayor’s Fund to Advance New York City, and the Jerome Chazen Fund to Address Domestic Violence are excited to announce the launch of “The ABCs of Healthy Relationships.” The ABCs of Healthy Relationships is an interactive web-based toolkit to help elementary school students develop healthy relationships with their friends and classmates as building blocks for healthier partner relationships as they grow older, as well as toolkits for their educators, and their caregivers. Using vibrant and relatable illustrations, the toolkits support the development of healthy relationship foundations such as respect, consent, boundaries, body autonomy, safety, and trust. 

The ABCs of Healthy Relationships student toolkits and parent, caregiver and educator guides are free and are available to all young people and adults in NYC through the ENDGBV website, and DOE Parent University. To celebrate the launch of this exciting resource, ENDGBV and DOE will host a virtual program for parents and caregivers on October 19. “Helping Our Kids Build Healthy Relationships” will be livestreamed on Parent University and will provide an opportunity for parents and caregivers to walk through the toolkits and engage with early childhood experts on effective ways to talk with children about healthy relationships. 

 

"Teaching children how to set boundaries and recognize controlling and abusive behavior, helps them learn how to develop healthy relationships,” said First Lady Chirlane McCray. “This new toolkit expands on our commitment to break the cycle of domestic violence and prevent trauma.”

 

“No child is too young to talk to about healthy relationships,” said New York City Deputy Mayor Melanie Hartzog. “We are committed to providing young people the tools they need to build the relationships they want, which means addressing dating violence, and all forms of gender-based violence.”

 

The ABCs of Healthy Relationships will strategically build upon current City efforts to prevent domestic and gender-based violence including ENDGBV’s Healthy Relationship Training Academy; the Human Resource Administration’s Relationship Abuse Prevention Program (RAPP); and the Early RAPP program championed by First Lady of New York City Chirlane McCray which has brought community educators into more than 100 middle schools throughout the city,” said Cecile Noel, Commissioner, NYC Mayor’s Office to End Domestic and Gender-Based Violence. “This program will engage children at an early age and provide them crucial tools to help build healthy relationships with self and community.”

 

The 2017 New York City Risk Behavior Survey found that 3,000 New York City public school students aged 14 and younger who were dating had been physically harmed by a dating partner in 2017. In addition, 6,000 students also aged 14 and younger reported that they had been forced to do sexual things they did not want to do, such as kissing, touching, or being physically forced to have sexual intercourse by someone they were dating. Understanding the need to address healthy relationships in earlier grades as detailed in the New York City Department of Education K-5 Health Education Scope and Sequence includes learning about healthy relationships at a young age.

 

With support from the Jerome Chazen Fund to Address Domestic Violence through the Mayor’s Fund to Advance New York City, the City has contracted with Day One to create The ABCs of Healthy Relationships.

 

“As educators it is our duty to equip our young people with the knowledge to build healthy relationships, recognize boundaries, and advocate for themselves as they mature,” said Schools Chancellor Meisha Porter. “I’m grateful to our agency partners for developing this critical resource for New York City students, which will help ensure our children are healthy, happy, and empowered as they navigate relationships throughout their lives.”

 

“An important step to ending gender-based violence starts with early intervention,” said Daniele Baierlein and Jorge Luis Paniagua Valle, Co-Executive Directors of the Mayor’s Fund to Advance New York City. “That’s why we’re so excited to be partnering with the Mayor’s Office to End Domestic and Gender-Based Violence, Department of Education, Day One, and the Chazen Foundation to give children the opportunity and tools they need to build healthy relationships and learn about the physical and emotional safety they’re entitled to.” 

 

“We believe strongly in the need to provide young children with the tools and skills they need to prevent unhealthy relationships of all kinds before they reach dating age,” said Jerome A. Chazen, the Jerome Chazen Fund to Address Domestic Violence. “We are thrilled to be part of this city-wide initiative and believe broad education programs reaching all youth are critical to help ensure we turn the page on unhealthy relationships.”

 

“In order to reduce rates of domestic violence and sexual assault substantially, we must begin earlier,” said Stephanie Nilva, Executive Director of Day One. “Day One is proud to collaborate with ENDGBV on the ABCs of Healthy Relationships, which will equip children and adolescents with language and skills to have healthy interactions with friends and to build safe intimate relationships in their dating and adult years.”

Defendant Sentenced To 23 Years In Prison For 2011 Murder

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that MICHAEL CASTILLO, a/k/a “Squirrel,” was sentenced by U.S. District Judge John G. Koeltl to 276 months in prison for the March 10, 2011 murder of Hector Arias in the Bronx, New York.

U.S. Attorney Damian Williams said: “In 2011, Michael Castillo shot and killed Hector Arias in cold blood in front of his fiancée and her young child.  Today’s lengthy sentence shows that law enforcement will never give up on murder victims and their loved ones, no matter how long it takes to achieve justice.”

According to the allegations in the Indictment and other filings and statements made in court:

CASTILLO was a member of a conspiracy to distribute marijuana centered near 193rd Street and Broadway in Manhattan.  CASTILLO was hired by the leader of the conspiracy, DAVID ESPINAL, a/k/a “D-Block,” to kill Hector Arias, the leader of a rival marijuana business operating in the same area.  On March 10, 2011, CASTILLO shot and killed Arias near 712 East Gun Hill Road in the Bronx, New York.  Arias’s fiancée and her eight year-old child witnessed the murder.  CASTILLO and ESPINAL’s murder plot arose out of the rivalry between ESPINAL and Arias’s two marijuana businesses.  After CASTILLO completed the murder, ESPINAL paid him in cash. 

In addition to his prison sentence, CASTILLO, 38, was sentenced to five years of supervised release. 

On or about December 8, 2020, CASTILLO’s co-defendant, ESPINAL, pleaded guilty to conspiring to kill Arias, among other offenses.  During his guilty plea, ESPINAL admitted to hiring a hitman to kill Arias.    

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation in this case. 

Governor Hochul Announces New Pandemic-Era Subway Ridership Record

 

Subway Ridership Tops 3.2 Million Mark on October 14 for First Time Since Pandemic

Service Delivery Improves to 92%

Subways, Buses and Commuter Rails Combine to Surpass 5 Million Daily Riders


 Governor Kathy Hochul today announced a new pandemic-era subway ridership record of 3,236,904 customers on Thursday, October 14, surpassing the previous high set on October 7 by nearly 50,000 riders.Staten Island Railway also set a record, carrying 7,367 customers for a combined total of 3,244,271. Overall, the subway system has carried more than 3 million customers eight times in October so far.

The Governor also announced that service delivery on the New York City Subway, the percentage of scheduled trains that are provided during peak hours, measured along the busiest part of the line, improved to 92 percent in October with daily delays down by more than 13 percent, leading to another new pandemic-era ridership record on Thursday, October 14.

"Record-breaking transit ridership sends the signal that New York's comeback is only growing stronger," Governor Hochul said. "Bus, subway and commuter rail systems are the backbone of our economy as people return to the workplace, and we will continue working with the MTA to keep this promising momentum going."

Bus ridershipcontinues a healthy recovery, carrying more than 1.4 million riders nine times this month. New York City Transit as a whole has carried over 4 million riderson nine days in October.

In addition to the encouraging totals on subways and buses, both commuter railroads continue to show signs of a strong recovery. Metro-North weekday ridership has consistently hovered around 122,000 on weekdays. The Long Island Rail Road has averaged 150,000 customers every weekday in October. The totals of NYCT Buses and Subways combined with the Long Island Rail Road and Metro-North Railroad surpassed 5,000,000 riders on October 14.

MTA Acting Chair and CEO Janno Lieber said, "New Yorkers are voting with their feet to show they feel safe and comfortable using transit, and we're thrilled to welcome them back. Let the ridership records show that the MTA is officially back on track and ready to lead the region's revival."

The recent ridership records come a few weeks after the Authority formally launched "Welcome Back New York," a robust public messaging campaign aimed at urging New Yorkers to return to the system.

The MTA has undertaken unprecedented cleaning and disinfecting protocols in the year since the pandemic began to ensure that the system is as safe as possible for its customers. The Authority has also rolled out public education campaigns and issued millions of masks to its customers.

Prior to the pandemic, average weekday ridership totals routinely exceeded 5.5 million in the subway system. That figure fell by 95 percent to a low of roughly 300,000 daily trips in April 2020 as the number of COVID-19 cases peaked in the New York City area. MTA employees continued to provide service for the frontline healthcare professionals and other essential workers who needed to get to work during some of the most difficult days in New York City history.

Join us for a 37th Birthday Party Fundraiser in Support of Assembly Member Karines Reyes



Join us tonight for Assembly Member Karines Reyes'
37th Birthday Party!
Please join the Friends of Karines Reyes and special guests NYS Assembly Speaker Carl E. Heastie, Bronx Borough President Ruben Diaz Jr., Bronx County Chair Senator Jamaal T. Bailey, and Democratic Nominee for the Office of NYC Comptroller Council Member Brad Lander for a birthday party fundraiser in support of Assembly Member Karines Reyes!

Date: Friday, October 15, 2021
Time: 7:00PM – 10:00PM
Location: Con Sofrito (1315 Commerce Ave, Bronx, NY 10461)

To RSVP and contribute by cash or check, please visit: https://forms.gle/MfD6GbbNTTNtBKG48

Please make contributions payable and send to:
Friends of Karines Reyes
c/o Lelia Jimenez
643 Bolton Avenue
Bronx, NY 10473

We look forward to seeing you there!

Attorney General James Fights to Protect Transgender Students’ Rights


AG James Leads Coalition in Filing Amicus Brief to Protect Transgender

Students Against Gender-based Discrimination in School Sports 

 New York Attorney General Letitia James today took action to protect transgender students’ rights. Leading a coalition of 20 attorneys general, Attorney General James filed an amicus brief in the case of Soule v. Connecticut Association of Schools, opposing the plaintiffs' efforts to bar transgender students from participating in gender-segregated school sports.

“Attacks on transgender students are a violation of their rights and simply will not be tolerated,” said Attorney General James. “When we adopt inclusive policies that honor every individual’s rights with dignity, we create a fairer, more just, and more prosperous society for all. The law does not discriminate based on gender, sexual orientation, or gender identity, and I will do everything in my power to fight for equal protection under the law for every community.”

The brief — filed in the U.S. Court of Appeals for the Second Circuit — argues for the court to reject a lawsuit brought by four cisgender students who claim that the participation of transgender students in gender-segregated sports violates the rights of cisgender girls. The suit was filed after the Connecticut Interscholastic Athletic Conference implemented a policy that allows transgender students to participate in gender-segregated sports according to their gender identity.

Attorney General James leads the coalition of attorneys general in arguing that, contrary to the plaintiffs’ claims, Title IX of the Education Amendments of 1972 does not bar transgender female students from participating in gender-segregated sports according to their gender identity. Additionally, the experiences of amici states show that policies that strive to include transgender people — including policies allowing transgender students to participate in athletic activities consistent with their gender identity — confer significant individual and societal benefits.

Attorney General James has repeatedly fought for the rights of transgender individuals. In December 2020, Attorney General James co-led a multi-state coalition in submitting an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of a challenge to an Idaho law that barred female transgender students from participating in any public school or public university- sponsored female sports. Additionally, in November 2019, Attorney General James successfully co-led a coalition of attorneys general in the fight to support the rights of transgender students to use bathrooms in line with their gender identity in the case Gavin Grimm v. Gloucester County School Board in the U.S. Court of Appeals for the Fourth Circuit. And, in February 2019, Attorney General James co-led a coalition of attorneys general in filing an amicus brief in the case Adams v. St. Johns County School Board in the U.S. Court of Appeals for the Eleventh Circuit, where the coalition argued in support of a transgender student who was being discriminated against by his local school board.

Joining Attorney General James in filing the brief are the attorneys general of California, Colorado, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

The amicus brief was prepared by Assistant Solicitor General Mark Grube, Deputy Solicitor General Anisha S. Dasgupta, and Solicitor General Barbara D. Underwood — all of the Division for Appeals and Opinions.

Council Member Ruben Diaz Sr. - Things We Should Take Note of This Hispanic Heritage Month

 

 You should know that, during this Hispanic Heritage Month, we should make emphasis not only on triumphs and victories of the Hispanic Community, but unfortunately, we should not forget the losses and misfortune, such as our community’s loss of the Bronx Borough President during the last Democratic primary election.   

Due to the divisions, gender agendas, and personal ambitions of certain Hispanic individuals, who knowingly had no chance to win, but anyway decided to run solely to prevent a fellow Hispanic from winning the office of Bronx President. These are issues to be remembered and discussed during this Hispanic Heritage Month and during the next “SOMOS” Convention in Puerto Rico.   
 
We must analyze how is it that the Hispanic Community being the ethnic group with the largest population in Bronx County and having cast a total of 60,784 votes on election night, lost the seat of the Bronx Borough President.  
 
It is important for you to know that the actual number of votes cast for the Bronx Borough president on Election Night are as follows.  
 
·      Vanessa Gibson ...... 40,097
·      Fernando Cabrera... 34,022
·      Natalia Fernandez... 14,397
·      Luis Sepulveda......... 10,407
·      Sammy Ravelo...........1,958
 
When you, my dear reader, study these figures, you may notice that the Hispanic Community cast 60,784 votes, among the four Hispanics vying for the position.  That’s approximately 2/3 of the overall votes cast.  
 
The election has come and gone.  That’s past and Vanessa Gibson will be the next Bronx Borough President for the next (4) four years.   We wish her the best.  Although Ms. Gibson and I never have seen eye to eye due to my Pro-Life, Traditional Marriage, and conservative positions.  Nonetheless, we will be praying that these next (4) years, Ms. Gibson will be a leader to our community, where everyone is included, even if we have differences of opinions and beliefs.
 
On the other hand, during this celebration of Hispanic Heritage Month and the next annual “SOMOS” convention in Puerto Rico, which is held during the month of November, I sincerely hope that the divisions that happened during the Democratic primaries, will be among the issues our leaders discuss and bring to the table.  
These vital issues will prevent the Hispanic community from repeating future losses.  Our young and new Hispanic Leaders should be aware of what "La Vieja Guardia" (the old guard) fought for and achieved.   Obviously, it’s something that they don’t seem to understand, but they should, so that they will insure and protect our Hispanic political legacy in the future.
 
I Am Councilman Rev. Ruben Diaz at least for 78 more days, and this is what you should know.  

78 Days and Counting

 


Charlene, We only have eleven more weekends with me as mayor. Let's enjoy this weekend, so break out some of that money I gave you, and have a good time, since the party will be over very soon. Very soon the next mayor will be in office replacing me.


We may be forced to sell our Brooklyn home to pay for the New York City Police Moving Department, and Private Security Force for Presidential Candidates. We may wind up homeless, and in a Bronx shelter I forced on those communities. I hope we don't wind up in Community Board 11 in the Bronx, because they booed, jeered, called me all sorts of names, and would love that to happen.