Governor Hochul Announces Appointments to Fill Vacancies in the Third Department, Appellate Division

 

 Governor Kathy Hochul today announced three appointments to fill vacancies in the Appellate Division of the Supreme Court, Third Department. The justices selected today will bring their experience on the trial courts, impressive legal credentials, strong judicial temperament and commitment to justice to the Third Department. These jurists reflect the excellence and diversity of the judicial system throughout New York State.

“New Yorkers deserve the best and the brightest upholding their justice system, and I have no doubt that these three appointees will serve with honor and distinction,” Governor Hochul said. “With diverse experience and background, I am proud to appoint these justices to the Appellate Division and am certain that their service will further the interests of justice for New Yorkers.”

The Governor appointed Supreme Court Justices Lisa Fisher, Andrew Ceresia and Eddie McShan to fill three vacancies on the Appellate Division, Third Department. The Third Department covers twenty-eight counties in Upstate New York, ranging from the mid-Hudson Valley to the Canadian Border and as far as west as Schuyler and Chemung counties in the Southern Tier.

 

Honorable Lisa Fisher

Lisa Fisher serves as Justice of the Supreme Court in the Third Judicial District since she was elected in 2015. Prior to the Supreme Court, Justice Fisher was an Assistant Public Defender of the Family Court Division at the Ulster County Public Defender’s Office from 2011 to 2014. Justice Fisher previously worked as a Sole Practitioner from 1994 to 2013.  She also served as a Court Attorney for Honorable Edward T. Feeney at the New York State Office of Court Administration from 1999 to 2007 and a part-time Staff Attorney for Ulster County Department of Social Services until 2001.Justice Fisher earned a J.D. from Shepard Broad College of Law at Nova Southeastern University and a B.A. in Political Science from the University of South Florida.

Honorable Andrew G. Ceresia

Andrew Ceresia has served since 2017 as a Justice in the Third Judicial District of the Rensselaer County Supreme Court.  From 2011-2016, Justice Ceresia was an Acting Justice in the Third Judicial District of the New York State Supreme Court. Concurrently, he was a Judge of the Rensselaer County Court from 2009 to 2016. In 2009, Justice Ceresia was appointed a County Court Judge by Governor David A. Paterson. From 2005 to 2009, he served as an Appellate Court Attorney in the Third Department of the Appellate Division of the NYS Supreme Court. In 2005, Justice Ceresia was an Acting Judge in for the City Courts of Albany, Rensselaer, and Hudson. He also served as a Town Judge for North Greenbush from 2004 to 2009. Justice Ceresia was an Attorney at Carter, Conboy, Case, Blackmore, Maloney, and Laird from 1999 to 2004. From 1998 to 1999, Ceresia was an Appellate Court Attorney in the Third Department of the Appellate Division of the New York State Supreme Court. Justice Ceresia obtained a J.D. from Albany Law School and a B.S. from SUNY Oneonta.

Honorable Eddie McShan

Since his election in 2020, Eddie McShan has served as an Associate Justice in the First Judicial Department of the Appellate Term of the New York State Supreme Court. Justice McShan also serves as a Justice in the Twelfth District of the New York State Supreme Court. Additionally, Justice McShan is an Adjunct Professor in the Business and Paralegal Department at Bronx Community College CUNY since 1998. At the New York State Supreme Court, he was an Acting Justice from 2016 to 2018 and a Hybrid Acting Justice in 2015. From 2013 to 2018, Justice McShan was a Judge on the Civil Court for New York City. He served as a Special Referee for the New York State Supreme Court from 2008 to 2012. At the New York State Supreme Court, Justice McShan was the Principal Law Clerk for Justice LaTia Martin from 1999 to 2008 and Associate Law Clerk for Justice Frank Torres from 1998 to 1999.  He also was an Associate Attorney in the Law Offices of Ronald Pelligra from 1994 to 1998. Justice McShan obtained a J.D. from the College of Law at Syracuse University, an M.P.A from The Maxwell School at Syracuse University, and a B.A. in Sociology from St. Lawrence University.

The Judicial Screening Committees for each of the four Appellate Departments review the applications and conduct interviews of dozens of applicants. Only those applicants deemed “highly qualified” by the Committees were submitted to the Governor for her consideration. To be found “highly qualified,” candidates must display integrity, independence, leadership, intellect, legal ability, judgment, temperament, and experience.

State Senator Gustavo Rivera on his Birthing Center Accreditation bill being signed into law

 

State Senator Gustavo Rivera issued the following statement after Governor Kathy Hochul signed his Birthing Center Accreditation bill into law (S1414A/A259A Gottfried) last Friday:

"New York's maternal mortality crisis is one of our State’s most urgent public health emergencies. I want to thank Governor Hochul for recognizing this issue as such and signing this important bill into law. For decades, birthing centers have fully functioned in various states as spaces where expectant mothers can safely give birth outside the hospital setting basically eliminating unnecessary medical interventions. Unfortunately, in New York, that has not been the case. These centers have faced an unnecessary logjam in their approval process.

This new law will clear the way to approval. It will: 

• Establish an expedited review process for Midwifery Birth Centers (MBCs) by requiring the New York State Department of Health to schedule the review of all Midwifery Birth Center applications at the next Public Health and Health Planning Council (PHHPC) meeting scheduled.

• Establish criteria for Midwifery Birth Center applications to be reviewed by PHHPC.

• Require the Commissioner of Health (COH) to work in consultation with representatives of the midwifery community in developing regulations and requirements for the establishment and operation of MBCs.

• Require the COH to modify standards to harmonize any competing or contradictory standards for MBCs to maximize their intent.

"I am fully aware that the work is far from over. However, by streamlining the process by which these birthing centers are established and operate, we are taking one significant step towards reversing our State’s maternal mortality crisis. Further, this law will empower midwives as professionals as they will be able to provide safe and effective maternal care at the spaces that were designed for them to lead. 

We all remember the story of Amber Isaac who tragically died in childbirth leaving behind a grieving husband and a newborn. We cannot allow more women, particularly women of color who are already facing significant health disparities and sheer medical racism, to continue meeting Amber's faith. 

I want to thank all the advocates for bringing this issue to the forefront and working tirelessly to make this happen. I am sure that these midwifery centers will make a difference for many women who deserve to give birth safely and with dignity." 

EDITOR'S NOTE:

Yes this is an important issue, but where is the State Senate Health Committee Chair on the issue of COVID, an the latest variant called Omicron? Governor Hochul say in her Executive Order 11.1 that the current Omicron variant of COVID i not being stopped by the vaccines being used. Where Is the State Senate Health Committee Chair State Senator Gustavo Rivera on the issue, and what are you doing Senator Rivera?

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JANUARY 2, 2022

 

25,649 Vaccine Doses Administered Over Last 24 Hours        

83 COVID-19 Deaths Statewide Yesterday

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

“New Yorkers returning to schools and workplaces on the first weekday of 2022 should take every possible precaution to stop the spread of COVID-19,” Governor Hochul said. “We all know the tools that keep us safe: vaccines, boosters, masks and tests. Let's all do our part and take these common-sense precautions, so New York can defeat the winter surge and come back stronger than before.” 

Today's data is summarized briefly below:      

• Test Results Reported - 275,563  
• Total Positive - 62,526  
• Percent Positive - 22.69%  
• 7-Day Average Percent Positive - 20.87%   
• Patient Hospitalization - 8,773 (+322)  
• Patients Newly Admitted - 1,518  
• Patients in ICU - 1133 (+21)   
• Patients in ICU with Intubation - 567 (+13)   
• Total Discharges - 233,423 (+1,239)
• New deaths reported by healthcare facilities through HERDS - 83  
• Total deaths reported by healthcare facilities through HERDS - 48,581
  
  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 - 61,242
  
  ​​​​​​​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 - 33,766,807  
• Total vaccine doses administered over past 24 hours - 25,649  
• Total vaccine doses administered over past 7 days - 661,258  
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 89.2%   
• Percent of New Yorkers ages 18 and older with completed vaccine series - 80.6%   
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 95.0%   
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 82.9%   
• Percent of all New Yorkers with at least one vaccine dose - 78.1%   
• Percent of all New Yorkers with completed vaccine series - 69.8%    
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 84.0%   
• Percent of all New Yorkers with completed vaccine series (CDC) - 71.8%      

Governor Hochul Signs Landmark Legislation Bringing Transparency and a Comprehensive Regulatory Structure to Otherwise Unregulated Pharmacy Benefit Managers

Legislation S.3762/A.1396 Will Require Licensure and Registration of Pharmacy Benefit Managers

Legislation Will Bring Transparency to Pharmaceutical Costs and Allow Consumers to Make More Well-Informed Choices About Their Healthcare 

 Governor Kathy Hochul has announced the signing of legislation S.3762/A.1396 which provides for licensure and registration of pharmacy benefit managers. The bill also sets forth duties and obligations that PBMs must follow when performing services and allows the department of financial services to enforce the law and receive complaints from consumers, pharmacies, and healthcare providers. 

“In the midst of a global public health crisis, it’s crucial that we take every opportunity to improve the health care system and reduce costs for New Yorkers,” Governor Hochul said. “This landmark law creates the most comprehensive regulatory framework in the country for Pharmacy Benefit Managers, increasing transparency for consumers and shedding light on the cost of prescription drugs. Navigating costs associated with medications and insurance can be difficult, so I am proud to sign this legislation to make it that much easier.” 

Legislation S.3762/A.1396 requires licensure for pharmacy benefit managers and specifies their duties and obligations as service providers. This bill also allows the department of financial services to receive complaints when a PBM violates the law and will ensure PBMs abide by standards established by law and regulation. 

Acting Superintendent of Financial Services Adrienne A. Harris said, “The Department of Financial Services stands ready to implement this historic legislation which has been a long-standing priority of the Department. The regulation of Pharmacy Benefit Managers represents the next important step in tackling the impacts of high prescription drug prices on consumers and health insurance premiums. We are proud that Governor Hochul has secured the most comprehensive PBM regulatory regime in the country and are confident we will finally bring needed reforms to this previously unregulated industry.”

Senator Neil Breslin said, "The PBM industry has gone unregulated for long enough. PBMs, both here in New York and across the country have taken advantage of the lack of transparency at the expense of patients' well-being. This patient centered legislation will hold PBMs to a standard of excellence that is required by all other stakeholders in our health care delivery system. Thank you to Governor Hochul for signing this critically important piece of legislation."

Assemblymember Richard Gottfried said, “PBMs are widely recognized as major players in driving up drug costs. They’ve been a black box operating in secret without effective regulation, and PBM mistreatment of independent pharmacists is getting worse as health plans merge with chain pharmacies. This new law will provide effective oversight and transparency in this sector of the health care system. I thank Governor Hochul, Senate sponsor Neil Breslin, Assembly Speaker Carl Heastie, and my Assembly colleagues Kevin Cahill and John McDonald for their hard working turning this bill into law."

EDITOR'S NOTE:

We have to ask these two elected officials, Governor Hochul, and the rest of the state legislature this one question. What took so long?

Jackpot Climbs to $522M for Monday Night's Powerball Drawing

Three $50,000 Winning Powerball Tickets Sold for New Year's Day Drawing

 The New York Lottery today announced that three third prize tickets worth $50,000 for the January 1, 2022 Powerball® drawing were purchased in New York. The winning tickets each have four matching numbers and the Powerball.  

There were no winning tickets sold for the $518.7 million Powerball jackpot, which is estimated to be $525 million for Monday night’s drawing

The three prize-winning tickets were purchased at the following locations:

• Popular Card and Gift on Union Boulevard in West Islip
• Royal Mini Mart on Hampton Street in Sag Harbor 
• Smokes 4 Less on Main Street in Fishkill

The winning numbers for the Powerball drawing on January 1 were: 27-29-45-55-58 and the Powerball is 2. Players can securely check their tickets on the New York Lottery app.

The winning numbers for the Powerball game are drawn from a field of one to 69. The Powerball number is drawn from a separate field one to of 26. The Powerball drawing is televised every Monday, Wednesday and Saturday at 11 p.m.

About the New York Lottery

The New York Lottery continues to be North America's largest and most profitable Lottery, contributing $3.59 billion in fiscal year 2020-21 to help support education in New York State.

New Yorkers struggling with a gambling addiction, or who know someone who is, can find help by calling the State's toll-free, confidential HOPEline at 1-877-8-HOPENY (1-877-846-7369) or by texting HOPENY (467369). Standard text rates may apply

 

Cleveland Postal Service Manager Sentenced to Prison for Stealing Packages Containing Drugs

 

 U.S. Attorney Bridget M. Brennan announced that Anthony Sharp, 31, of Euclid, Ohio, was sentenced on Wednesday, December 29, 2021, by Judge Donald C. Nugent to 10 years in prison after Sharp admitted to stealing packages from the U.S. Mail that he suspected contained drugs.

Sharp pleaded guilty in August of 2021 to conspiracy to distribute controlled substances, possession with the intent to distribute controlled substances, money laundering and theft of mail.

According to court documents, the U.S. Postal Service Office of Inspector General (USPS OIG) began an investigation into Sharp, a Cleveland Postal Service Manager, based on suspicion that Sharp was profiling U.S. Mail suspected to contain cocaine, fentanyl and methamphetamine and stealing the packages.

In July of 2021, USPS OIG special agents and postal inspectors observed Sharp arrive at a Cleveland Postal Service processing facility to help sort Express Mail.  Sharp was then observed removing three packages from the mail stream and placing them in a hamper to be transported to his facility.  Once the Express Mail was sorted, Sharp was observed loading all the Express Mail for his facility, including the three packages suspected of containing drugs, into his vehicle.

Sharp was then observed leaving the facility, opening several parcels and arriving at the postal facility that he managed.  Later, Sharp left the facility and was detained during a traffic stop.  A search of his vehicle produced the three packages which were opened and contained methamphetamine, cocaine and fentanyl.  Law enforcement officers also observed additional Express and Priority Mail parcels opened in the trunk of the vehicle. 

This case was investigated by the U.S. Postal Service Office of Inspector General and U.S. Postal Inspection Service.  

A Letter to New Yorkers from New York City Comptroller Brad Lander - January 1, 2022

At this moment of transition for New York City, our communities are facing both anxious uncertainty and expansive opportunity.

We are emerging from a historic pandemic that brought our city to a standstill and took the lives of too many of our neighbors – disproportionately in communities of color. As we start the new year with a new administration, we are still facing down a public health crisis, and we must learn the lessons of this one to ensure we are better prepared for the next ones.

The NYC Comptroller is the city’s budget watchdog, pension fiduciary, and chief accountability officer. The mission is to secure a thriving future for all New Yorkers. The office has the tools and the responsibility to ensure we are budgeting wisely, investing strategically, holding city agencies to their promises, and keeping a sharp eye on the challenges to come.

And there are a lot of challenges.

The city’s glaring gender and racial inequities, highlighted and exacerbated by the pandemic, threaten the long-term prosperity of New York City’s families, neighborhoods, and economy. The climate crisis looms as the biggest long-term risk, not just to NYC’s infrastructure, but also to our investment portfolios and to the very lives of our people.

Some believe there is a conflict between effective government and progressive government. I believe they are mutually essential.

We need big, bold government that can care for people when they need it, educate our children to be leaders in diverse communities, and maintain the infrastructure that holds our lives in common together. But for that to be possible, we must build confidence – confidence which has been badly eroded – in our government’s ability to tell the truth, to plan ahead for emergencies, to deliver services effectively, to spend our public funds wisely, and account for where they’ve gone. To bring us together to solve shared problems and build a common future.

The Comptroller is NYC’s accountant. We often think about accounting as values-free – do the numbers add up, do credits and debits balance?

But the truth is: it’s all about what we value.

If we value our neighborhoods, then we must invest in good transit, truly affordable housing, and resilient infrastructure so that they can remain places where people can afford to live.

If we value a fair economy, then we must ensure that people whose work keeps our city and our economy going get the stability, pay, and dignity they need to care for themselves and their families.

If we value a sustainable future, then we must take action now – through our investments, our infrastructure, our buildings, our transportation – to transition to a green economy.

Our task together over the next four years is to ensure that we are accounting for our shared values. That we are delivering on the promises that NYC government has made to its people for a more just and equitable city.

The numbers must add up to a city where everyone has a chance to thrive.

That is the work ahead of us: to secure a fairer and more sustainable future for all our neighborhoods.

A future where every child can learn and succeed, regardless of their race or class. Where workers are treated with respect, earn fair pay, and can retire with dignity. Where economic opportunity and prosperity is accessible and shared, no matter what neighborhood you live in. Where our sewers, transit, and utilities are ready to withstand the storms to come. Where everyone who calls this city home has a home to live in.

Where our city’s government is our common vehicle for that shared thriving.

I look forward to working hard, every day, side-by-side with you, to deliver on those promises.

Sincerely,

Brad Lander

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JANUARY 1, 2022

89,675 Vaccine Doses Administered Over Last 24 Hours     

88 COVID-19 Deaths Statewide Yesterday   

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

“As we fight the winter surge, we need to keep the most vulnerable among us in mind – do what you can to keep others in your community safe from COVID-19,” Governor Hochul said. “Wear a mask, wash your hands, and take advantage of the best tool we have at our disposal – the vaccine. If you haven’t gotten your second dose, do so as soon as possible and get your booster if you’re eligible. We will continue to make vaccines, boosters and testing more widely available as part of our Winter Surge Plan so we can continue to keep each other safe.” 

Today's data is summarized briefly below:   

• Test Results Reported – 384,365 
• Total Positive – 85,476
• Percent Positive – 22.24%
• 7-Day Average Percent Positive – 19.79% 
• Patient Hospitalization – 8,451 (+532)
• Patients Newly Admitted – 1,808
• Patients in ICU – 1,112 (+40)
• Patients in ICU with Intubation – 554 (+29)
• Total Discharges – 232,184 (1,334)
• New deaths reported by healthcare facilities through HERDS – 88
• Total deaths reported by healthcare facilities through HERDS – 48,496

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 – 61,242

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 – 33,741,158
• Total vaccine doses administered over past 24 hours – 89,675
• Total vaccine doses administered over past 7 days – 664,655
• Percent of New Yorkers ages 18 and older with at least one vaccine dose – 89.2%
• Percent of New Yorkers ages 18 and older with completed vaccine series – 80.6%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) – 95.0%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) – 82.9%
• Percent of all New Yorkers with at least one vaccine dose – 78.1%
• Percent of all New Yorkers with completed vaccine series – 69.8% 
• Percent of all New Yorkers with at least one vaccine dose (CDC) – 84.0%
• Percent of all New Yorkers with completed vaccine series (CDC) – 71.8%