Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - DECEMBER 21, 2021

 

100,601 Vaccine Doses Administered Over Last 24 Hours       

57 COVID-19 Deaths Statewide Yesterday

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

“Cases are rising due to the winter surge, but this is not March 2020 – we knew this was coming and New York is taking action to make vaccines, boosters, and testing more widely available,” Governor Hochul said. “We know what works – get vaccinated, get the booster, mask up, and exercise caution in indoor public spaces. Now is the time for all of us to do our part and help protect those more vulnerable to make sure we all get through this holiday season safely.” 

Today's data is summarized briefly below: 

• Test Results Reported - 214,165
• Total Positive - 22,258
• Percent Positive - 10.39%
• 7-Day Average Percent Positive - 7.88%
• Patient Hospitalization - 4,328 (+308)
• Patients Newly Admitted - 632
• Patients in ICU - 799 (+30)
• Patients in ICU with Intubation - 470 (+19)
• Total Discharges - 223,962 (+308)
• New deaths reported by healthcare facilities through HERDS - 57
• Total deaths reported by healthcare facilities through HERDS - 47,671
  
  
  The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only. 

• Total deaths reported to and compiled by the CDC - 60,624
  
  
  This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings. 

• Total vaccine doses administered - 32,548,719
• Total vaccine doses administered over past 24 hours - 100,601
• Total vaccine doses administered over past 7 days - 1,092,097
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 88.1% 
• Percent of New Yorkers ages 18 and older with completed vaccine series – 80.1% 
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 94.6%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 82.4% 
• Percent of all New Yorkers with at least one vaccine dose - 76.8% 
• Percent of all New Yorkers with completed vaccine series - 69.1% 
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 82.3% 
• Percent of all New Yorkers with completed vaccine series (CDC) - 71.1%

 EDITOR'S NOTE:

Where are the Omicron figures for yesterday and today. On December 19, 2021 there were 192 Statewide cases of Omicron in New York State, and 41 cases in New York City. Governor Kathy Hochul, where are the figures for yesterday and today, or is there no danger to the public?

Attorney General James Sues Grinch Who Failed to Deliver Holiday PlayStations and Xboxes

 

AG James Obtains Court Order Freezing Bank Accounts and Preventing Future Sales Unless Gaming Console Orders Can Be Fulfilled on Time

 New York Attorney General Letitia James today has taken legal action to stop a New Jersey woman from ruining Christmas for dozens of families. Attorney General James filed a legal proceeding against Tandria Faulkner — operating under the names Sonjia Posh Boutique LLC and Prestigious Marketing Concepts, Inc. — for failing to deliver PlayStations, Xboxes, and other consumer goods to New Yorkers and other consumers as promised before the 2020 holidays. In connection with the lawsuit, Attorney General James also obtained a temporary restraining order that freezes the bank accounts of Faulkner and her businesses and stops her from taking any further orders for items she is not in direct possession of. 

“Today’s court order stops this grinch from ruining anymore holidays this year, and our lawsuit seeks to recoup everything paid for game consoles that were never received,” said Attorney General James. “Despite false promises of PlayStations, Xboxes, and other high-end items, Tandria Faulkner and her companies were not able to deliver and only stole Christmas from numerous families. New Yorkers should know that the only ones who can deliver impossible presents in an expedited fashion are Santa and his team of elves! New Yorkers can trust that we will always fight to protect their wallets and make their holidays as joyous as possible.” 

Attorney General James’ lawsuit alleges that Faulkner accepted hundreds of orders for hard-to-find PlayStation 5s and Xbox Series Xs and Ss in the fall of 2020, just prior to the launch of those game consoles and when they were in especially high demand. Many consumers were promised that they would receive the items in time for Christmas. When the deliveries failed to arrive, many consumers were given shifting excuses and many never even received refunds.

The lawsuit further alleges that Faulkner was paid over $500,000 from consumers in connection with this scheme.

Attorney General James’ lawsuit — filed in New York County State Supreme Court — is seeking restitution for any consumer who did not receive either their product or a refund from Faulkner and a permanent injunction stopping Faulkner from accepting orders for items she is not in possession of, among other relief. 

Attorney General James asks any consumer who placed an order with Prestigious Marketing, Sonjia Posh Boutique, Tandria Faulkner, or any representative of the three, and never received their requested item or a refund to file a complaint online with the Office of the Attorney General’s Consumer Frauds and Protection Bureau or call the office at 1-800-771-7755. Attorney General James also cautions consumers shopping for the upcoming holiday season to exercise caution when ordering game consoles and other hot ticket items, and to ensure that the seller actually has the items in stock when placing an order.

MAYOR DE BLASIO ANNOUNCES ADDITIONAL ACTIONS TO IMPROVE SAFETY, HEALTH, AND WORKING CONDITIONS FOR 65,000+ DELIVERY WORKERS

 

  Mayor Bill de Blasio today announced, in advance of legal workplace protections that go into effect in 2022, that he has marshalled agencies together to implement a series of additional efforts to support and improve the health, safety and working conditions for the city’s 65,000+ delivery workers. 

“Delivery workers have served as essential workers throughout the pandemic and we’re grateful for their contributions to New York City’s economy,” said Mayor Bill de Blasio. “These increased safety measures and labor protections are key to helping delivery workers recover and thrive.”

"It is not an exaggeration to say that delivery workers kept our City running throughout the pandemic. At great personal risk, they have delivered goods to homebound New Yorkers and have kept our small businesses afloat," said J. Phillip Thompson, Deputy Mayor for Strategic Policy Initiatives. "I applaud the organizing effort of advocacy organizations who have helped secure basic workplace protections for delivery workers, and hope that these measures taken by the City can continue to uplift and support these essential workers."

“In 2022, we will regulate for the first time the growing number of delivery app companies and enforce brand-new labor standards for delivery workers, including minimum pay standards and the right to control their routes,” said Department of Consumer and Worker Protection (DCWP) Commissioner Peter A. Hatch. “And today we are proud to help deliver new City resources that address immediate concerns of delivery workers who have done so much to fuel New York through the pandemic.”

“As they have shown by supporting residents and restaurants across the boroughs time and again, delivery workers are a crucial pillar of New York City,” said Lorraine Grillo, the City’s Senior Advisor for Recovery. “These measures to advance their workplace safety, and initiatives to recognize their importance to our city, are a critical step in protecting these essential workers and in creating a fair and equitable recovery for all New Yorkers.”

“While some New Yorkers utilize delivery workers for convenience, many others rely on them as the key to survival during the ongoing pandemic. Their work is hard and their days are long, but they have also been preyed upon by criminals. Delivery workers have been targeted for money and e-bikes. The NYPD is in touch with the associations that represent them and officers have enhanced their focus by adding cameras on key routes and serial numbers to help identify stolen bikes. We underline that the NYPD does not share with immigration authorities any information about victims or witnesses. The NYPD remains committed to doing all it can to protect these essential workers,” said Police Commissioner Dermot Shea.

“Since the onset of the pandemic, delivery workers were on the frontlines of this crisis, showing us that they have and will continue to be essential to our city,” said Raquel Batista, Commissioner of the Mayor’s Office of Immigrant Affairs. “These actions are a significant win to ensure the safety and livelihood of this community. MOIA looks forward to working with our sister agencies to ensure deliveristas know their rights.”

“Whether it is on the job safety or access to healthcare, delivery workers deserve to be treated with respect and as a city, we must deliver for them on these basic rights,” said Jonnel Doris, NYC Department of Small Business Services Commissioner. At SBS we are committed to advocating for New Yorkers working hard to make a living. So, we welcome the new protections and look forward to seeing them implemented in the coming months.”

“During the pandemic, New Yorkers came to see our delivery workers for what they truly are: essential employees,” said DOT Commissioner Hank Gutman.  “We thank our colleagues at NYPD and DCWP for their excellent coordinated work to keep these workers safe, including brighter bridge crossings and more assistance for workers victimized by crime.  At DOT, we will continue our dedicated efforts to get these workers the best delivery cyclist education as well as have them fitted with helmets and other safety equipment crucial to the job.”

“Delivery workers are the backbone of our service industry, and the COVID-19 pandemic disproportionately affects their health and livelihood,” said NYC Care Senior Director Jonathan Jimenez, MD. “NYC Care and NYC Health + Hospitals is proud to serve them and excited to make sure all delivery workers, regardless of income or immigration status, know they have a right to high-quality healthcare at NYC Health + Hospitals.”

#EssentialToNYC Campaign

This month, the City is launching a digital art campaign, #EssentialToNYC, reaffirming support for delivery workers and other essential workers, including bodega and grocery store workers, home care workers, nail salon technicians and all aestheticians, and taxi workers and all workers who transport New Yorkers. Featuring real New Yorkers of these professions, the campaign will highlight the importance of these workers in keeping the City running, connect New Yorkers to resources, and encourage New Yorkers to stand in solidarity against acts of discrimination, harassment, and violence that many essential workers continue to face. For more information, graphics and resources, visit here.

 

Safety

In response to many issues brought forward by directly impacted workers, the City is providing:

·        additional lighting and NYPD cameras at Willis Avenue Bridge bike paths; 

·        additional safety resources at bridge crossings into Manhattan;

·        a bike etching program to recover stolen e-bikes;

·        expansion of DOT’s traffic safety education and helmet giveaways for delivery workers

 

Healthcare Access

NYC Care has launched a new initiative to actively working to enroll delivery workers who are un/underinsured. To enroll in NYC Care, New Yorkers can call 1-646-NYC-Care. For more information, visit www.nyccare.nyc.

 

Worker Protection

The City has provided DCWP with funding to implement and enforce the new laws regulating delivery apps and worker protections that go into effect in 2022. Starting January 24, many food delivery apps must be licensed by DCWP, bringing needed oversight to the industry. Apps will be able to begin applying for licenses later this month. Starting January 24, licensed apps must tell workers the tip for each delivery and the total pay and tips for the previous day.The law also seeks to provide increased access to bathrooms for workers of licensed apps.

 

Delivery workers who deliver food for any app—not just licensed apps—will also have additional new rights April 22, 2022 and January 1, 2023.

Starting April 22, 2022, apps must:

·        Give workers a required notice explaining their new rights.

·        Give workers more control over their deliveries. Workers can limit how far they will go from restaurants and refuse to use bridges or tunnels.

·        Tell workers trip details before they accept a delivery. Must include address for pickup, estimated time and distance for trip, tip if known, pay.

·        Pay workers at least once a week. Apps cannot charge a fee to process payment.

·        Give workers a free insulated food delivery bag after give deliveries.

Starting January 1, 2023, apps must pay workers the new minimum pay rate that the City will set. The rate will not include tips. DCWP is meeting with relevant stakeholders, including workers, for the wage structure study it will be conducting to determine the new minimum rate.

Delivery workers, apps, restaurants and consumer can monitor nyc.gov/DeliveryApps in the coming weeks and months for multilingual information about these regulations. DCWP was also recently funded to mount a public awareness campaign for workers in spring 2022.

Permits Filed for 3250 Westchester Avenue in Pelham Bay, The Bronx

 

3250 Westchester Avenue in Pelham Bay, The Bronx

Permits have been filed for a 17-story residential building at 3250 Westchester Avenue in Pelham Bay, The Bronx. Located at the intersection of Wilkinson Avenue and Westchester Avenue, the lot is one block from the Pelham Bay Park subway station, serviced by the 6 train. Marcal Group is listed as the owner behind the applications.

The proposed 176-foot-tall development will yield 322,501 square feet designated for residential space. The building will have 187 residences, most likely condos based on the average unit scope of 1,724 square feet. The concrete-based structure will also have 67 open parking spaces and 193 enclosed parking spaces.

Fischer Makooi Architects is listed as the architect of record.

Demolition permits have not been filed yet. An estimated completion date has not been announced.

Former U.S. Navy Sailor Sentenced to 2.5 Years for Selling Export-Controlled Military Equipment to China

 

 Ye Sang “Ivy” Wang, a former U.S. Navy sailor who was a Logistics Specialist First Class assigned to the Naval Special Warfare Command, was sentenced to 30 months in custody and ordered to pay a $20,000 fine for conspiring with her husband and co-defendant, Shaohua “Eric” Wang, to illegally export sensitive military equipment to China for profit.

Eric Wang pleaded guilty on September 26, 2019, admitting that he illegally sold export-controlled U.S. military equipment to China through his on-line business and that he enlisted his wife to use her Navy position to purchase the equipment for resale. Eric Wang also admitted that he maintained a warehouse in China to house the military equipment, travelled back and forth frequently, and had connections to buyers in China. On February 3, 2020, U.S. District Court Judge Cynthia Bashant sentenced Eric Wang to 46 months for his role in this scheme.

According to Ivy Wang’s plea agreement and the government’s sentencing memorandum, she purchased military equipment for Naval Special Warfare units as part of her duties as a logistics specialist from 2015 to 2019. In March 2018, she used her military email and mailing address to order a device for identifying United States military personnel in the field. This item was subject to U.S. Department of Commerce export controls, and not advertised for sale to civilians. She was deployed in Iraq at the time the device arrived on base in San Diego. She advised her command that the package containing this device was something she had obtained for her husband for a camping trip. In reality, she bought the device on behalf of her husband for him to resell it to China for profit.

Months later, in October 2018, upon returning from deployment to Iraq, Ivy Wang told the interviewing agents that she knew her husband was shipping military equipment to China illegally. Despite being interviewed by law enforcement agents, Ivy Wang took the device from her Navy command, brought it home and gave it to her husband. The device had been secretly disabled by law enforcement. Upon receipt, Eric Wang messaged a customer that he was in receipt of the item, but advised he could not ship the item to China, because “they are still investigating me... My friend is a SEAL who also got involved. They are investigating him as well.”

Ivy Wang told NCIS and HSI agents during her October 2018 interview that her husband sent her an Excel spreadsheet of military equipment items for her to purchase and that she knew those items were going to buyers in China. Eric Wang told her that he could not buy export-controlled military equipment using his personal email address, so he asked her to do it for him, using her position in the U.S. Navy and her military email address. She grew so annoyed at his repeated requests that, after purchasing equipment for him through March 2018, she gave him her password to her military email address and told him to buy the export-controlled military equipment posing as her after she deployed.

“This defendant used her position of trust to put the Navy and the nation at risk, and the sentence imposed today holds her accountable for her actions,” said Acting U.S. Attorney Randy Grossman, who praised the prosecution team, NCIS, HSI and Department of Commerce for their excellent work on this case.

“Ms. Wang betrayed her oath to the U.S. Navy and ultimately threatened the operational readiness and safety of our nation's military by attempting to acquire and illegally export sensitive military equipment to China,” said Special Agent in Charge Joshua Flowers of the NCIS Southwest Field Office. “NCIS and our partners remain committed to protecting our nation’s critical technologies and infrastructure.”

“This individual abused her position of trust to obtain military-grade equipment, which foreign adversaries could have used against American service members and allies,” said Chad Plantz, Special Agent in Charge of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) San Diego. “Fortunately, HSI and our partners were able to prevent this equipment from falling into the wrong hands, but this case serves as a stark reminder of why it’s important for organizations – particularly those involved in national defense – to educate their workforces on how to properly identify and report insider threats.”

DEFENDANTS                                            Case Number 19CR1895-BAS                                    

Shaohua “Eric” WANG          Age: 38           San Diego, CA           

Ye Sang “Ivy” WANG           Age: 37           San Diego, CA

SUMMARY OF CHARGE

Conspiracy to Export Defense Articles Without a License (Title 18, U.S.C., Sec. 371)

Maximum Penalty: Five years in prison, $250,000 fine.

Attorney General James Issues Warning to LabQ Diagnostics to Stop Misrepresenting Turnaround Times for COVID-19 Test Results

 

Consumers Complaining of Waiting More Than 96 Hours for COVID-19 Test Results Despite Lab’s Promise of 48-Hour Turnaround

  New York Attorney General Letitia James, late yesterday, issued a warning letter to LabQ Diagnostics, a Brooklyn-based laboratory with dozens of mobile locations across New York City, after learning that some consumers have been waiting over 96 hours for coronavirus disease 2019 (COVID-19) test results, even though the company advertises that consumers can expect results within 48 hours. The letter notifies LabQ that New York law prohibits false advertising and instructs the company to immediately update its signage at testing sites and on the company’s website to accurately reflect how long individuals can expect to wait before receiving COVID-19 test results.

“With the Omicron wave hitting in the middle of the holiday season, New Yorkers need timely COVID-19 test results more than ever to make decisions about whether they can safely travel or gather with loved ones,” said Attorney General James. “LabQ’s own website states, ‘Turnaround Time Matters,’ but so does being honest with consumers. LabQ and all other labs should ensure that they are giving consumers accurate information about when to expect test results. Consumers need to have the proper information so they can decide whether to take a rapid or PCR test, as well as to make informed decisions when choosing a testing provider that can meet their needs.”

In addition to warning LabQ to update its website and signage and to instruct its employees to provide accurate information concerning turnaround times, the letter issued by Attorney General James requests that LabQ contact all of its customers who are currently awaiting COVID-19 test results to let them know when they can realistically expect to receive those results.

Attorney General James asks any consumer who believes a lab or other testing facility is making misleading statements about their turnaround time for COVID-19 test results to file a complaint online with the Office of the Attorney General’s Consumer Frauds and Protection Bureau or call the office at 1-800-771-7755.

Governor Hochul Announces 200,000 Meals Will Be Delivered to Communities in Need Through the Restaurant Resiliency Program During the Holiday Season

 

$25 Million Program Builds on the Successful Nourish New York Initiative, Providing a Boost to Struggling Restaurants While Feeding Families in Need

Restaurants in the Program Represent Diversity of New York State Regions and Communities

 Governor Kathy Hochul today announced New York State’s Restaurant Resiliency Program will be delivering 200,000 meals to New Yorkers in need through the end of the holiday season. Restaurants involved in the program are in all regions of New York State and represent the diversity of the state, with many participating restaurants preparing Kosher and Halal meals and representing minority and women owned businesses.

“During the holiday season, no family in the state of New York should go hungry,” Governor Hochul said. “The Restaurant Resiliency Program takes an innovative approach to help New Yorkers facing food insecurity and restaurants struggling during the pandemic. Programs like these showcase the spirit of generosity and collaboration that is crucial to New York’s success.”

Through the program, the Department of Agriculture and Markets has received several hundred applications from restaurants to date, more than one third of which have come from minority and woman owned businesses. Of those, 215 restaurants have been approved including 34 restaurants that are preparing Kosher and Halal meals. Additionally, restaurants have been approved in the regions of each of New York’s 10 food banks, illustrating the statewide reach of the program. View a list of approved restaurants here.

Examples of approved Restaurant Resiliency Program meal plans include:

• Barcha, New York, New York: 1,400 meals distributed through FACES NY, Inc. and the Food Bank for New York City.
  • Meals include beef meatballs in marinara sauce, herbed rice, and mesclun spring mix salad; crispy chicken, garlic butter mashed potatoes, and kale salad with honey mustard dressing; vegan jibarito with colossal tostones, avocado, ripe tomatoes, organic spinach, olives, and artichokes; Mediterranean grilled chicken, herb rice, and julienne vegetables; crispy fish, creamy mashed potatoes, and spring mix salad; and a hearty quinoa bowl, organic spinach, chickpeas, carrots, and avocado.
  • All of the meals use New York sourced ingredients.

• Fireside Holdings, Monsey, New York: 7,000 Kosher meals to be distributed through Tomche Shabbos of Rockland County and the Regional Food Bank of Northeastern New York.
  • Meals include beef brisket with gravy, smashed Yukon potatoes, charred green beans, and fruit compote; and chicken breast, assorted mushrooms, brown rice with lentils and beans, and roasted pears.
  • New York sourced ingredients include onions, green beans, apples, mushrooms, pears, and chicken.

• Haskell’s Seafood Market and Café, Westhampton Beach, New York: over 500 meals to be distributed through New Direction Services, the Food Bank for New York City, and Long Island Cares.
  • Meals include porgy, beans, brown rice, and vegetables; tilefish curry with farro and vegetables; striped bass with quinoa, lentils, and vegetables; mango mahi-mahi with brown rice and vegetables; lemon pepper tuna with quinoa and vegetables; monkfish farro risotto with vegetables; seared sea scallops with quinoa and vegetables; and more.
  • New York sourced ingredients include tuna, monkfish, sea scallops, potatoes, parsley, kale, honey, porgy, tilefish, striped bass, thyme, spinach, and more.
• Serendipity, Ithaca, New York: 500 meals to be distributed through Enfield Food Pantry and the Food Bank of the Southern Tier. 
  • Meals include: chicken with rice, bell pepper, onion, tomato, garlic, capers, rosemary, and thyme; chicken with rice, carrots, spinach, cream, sun-dried tomato, onion, garlic, and parmesan cheese; pulled pork with barbecue sauce, corn, and salt potatoes; and chicken sausage with couscous, onion, bell pepper, carrot, garbanzo bean, potato, squash, cauliflower, and tomato. 
  • New York sourced ingredients include onions, garlic, cream, and potatoes.   

The program is continuing to take applications from restaurants on a rolling basis and will continue to do so until all funds have been spent. Additional information and an application for the program can be found here.

PUBLIC ADVOCATE'S STATEMENT ON PREVENTING SOLITARY CONFINEMENT IN NYC

 

 "Solitary confinement is torture, and punitive segregation as it has been defined by the city is solitary confinement by another name. The United Nations has called for the abolition of solitary confinement, yet just a few miles away on Rikers Island, the practice continued unabated for years. 

"This year, the city was finally set to implement the new Risk Management Assessment System, which was an insufficient but important step, before the administration paused it and prevented progress. As a new administration comes into office, the focus should be on creating the infrastructure needed to implement new systems and programs while ensuring that incarcerated people and corrections staff are safe, not on preserving the harmful practices of the past. Simultaneously, this means we need to continue efforts to decarcerate whenever possible as we advance the plan to expeditiously close Rikers. Passing legislation in the City Council to prohibit solitary, enshrining policy into law, is also essential and urgent. 

"This is a moment when we need to move forward; we cannot and will not go back. I intend to work with the incoming administration on achieving these goals."