Wednesday, March 16, 2022

STATEMENT FROM MAYOR ERIC ADAMS AND COMMISSIONER MANUEL CASTRO ON RESTORING OUR ASYLUM SYSTEM BY ENDING TITLE 42

 

“At a time when people are fleeing armed conflict in Ukraine and seeking safety and refuge in the U.S., we join the national call to action to restore our asylum system by ending the Title 42 policy, a Trump-era policy that used the pandemic as a pretext to turn away asylum seekers. Asylum is a human right and asylum seekers deserve to be welcomed with dignity.”

 

Permits Filed For 978 Summit Avenue In Highbridge, The Bronx


Permits have been filed for a 13-story mixed-use building at 978 Summit Avenue in Highbridge, The Bronx. Located between West 162nd and West 164th Streets, the lot is near the 161st Street -Yankee Stadium subway station, serviced by the B, D, and 4 trains. Moses Freund of The Vaja Group is listed as the owner behind the applications.

The proposed 137-foot-tall development will yield 56,397 square feet, with 48,695 square feet designated for residential space, 4,885 square feet for commercial space, and 2,817 square feet for community facility space. The building will have 72 residences, most likely rentals based on the average unit scope of 676 square feet. The concrete-based structure will also have a 15-foot-long front yard and 22 enclosed parking spaces.

S. Wieder Architect is listed as the architect of record.

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

Tuesday, March 15, 2022

Joint Statement From Governor Kathy Hochul And Deputy National Security Advisor For Cyber And Emerging Technology Anne Neuberger Following Meeting At Joint Security Operations Center

Cybersecurity Joint Security Operations Center

"Today's meeting of local, state and federal partners is part of a new era of collaboration in protecting our critical infrastructure and citizens from cyber attacks." 
 
"President Biden has made it a priority to bolster the nation's cybersecurity networks, improving information-sharing between the U.S. government and the private sector and strengthening the United States' ability to respond to incidents when they occur." 
 
"New York is also leading the nation on efforts to harden cyber defenses and recently launched the first-of-its kind Joint Security Operations Center (JSOC) to serve as the nerve center for the State's cyber operations, where city, state and federal cyber experts will work alongside one another collecting intelligence on potential threats, keeping an eye out for intruders and breaches, and quickly responding to cybersecurity threats and incidents. This is a joint effort with Mayors Eric Adams, Kathy Sheehan, Ben Walsh, Byron Brown, Malik Evans, Mike Spano, and the State is also investing $30 million to support local government cyber efforts." 
 

"Together, we commit to working collaboratively with our local and private sector counterparts to keep New York's critical infrastructure safe and secure. We hope this collaboration will serve as a model for others across the country."  

Attorney General James Issues Statement on Comptroller DiNapoli’s Audit

 

Audit Affirms AG James’ Findings That DOH Undercounted Nursing Home Deaths

  New York Attorney General Letitia James issued the following statement in response to Comptroller Tom DiNapoli’s audit of the New York State Department of Health’s (DOH) response to COVID, which affirmed some of the findings of Attorney General James’ January 2021 nursing homes report, most notably that DOH misrepresented the true number of deaths that occurred at nursing homes:

“This audit affirms many of the findings that we uncovered last year about the state’s response to COVID, most notably that DOH and the former governor undercounted the number of deaths in nursing homes by as much as 50 percent. I am grateful to Comptroller DiNapoli for bringing much needed transparency to this critical issue. My office will continue to monitor nursing home conditions and ensure the safety of our most vulnerable residents. If anyone has concerns about nursing home conditions, I urge them to contact my office.”

Attorney General James encourages anyone with information or concerns about nursing home conditions to file confidential complaints online or by calling 833-249-8499.

NYS Office of the Comptroller Tom DiNapoli: State's Pandemic Response to Nursing Homes Hindered by Ill-Prepared State Agency

 

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Audit Presents Timeline of State Health Department Underreporting of Nursing Home Deaths

 The state Department of Health (DOH) was unprepared to respond to infectious disease outbreaks at nursing homes, even before the COVID-19 pandemic hit New York, an audit released today by New York State Comptroller Thomas P. DiNapoli found. DiNapoli said that a persistent lack of funding for public health over the last decade forced DOH to operate without critical information systems and staff that could have identified and helped limit the spread of COVID-19 at nursing homes.

State auditors also found that DOH did not provide the public with accurate COVID-19 death counts and became entangled in the undercounting of those deaths as the Executive took control of information provided to the public. DOH would not provide auditors with a breakdown by name of the nursing home residents who died from COVID-19, and the actual number of nursing home residents who died is still uncertain. The audit revealed that, on many key indicators, New York significantly trailed other states in surveying nursing homes and developing strategies to stop infections from spreading in facilities.

“The pandemic was devastating and deadly for New Yorkers living in nursing homes. Families have a right to know if their loved one’s COVID-19 death was counted, but many still don’t have answers from the state Department of Health,” DiNapoli said. “Our audit findings are extremely troubling. The public was misled by those at the highest level of state government through distortion and suppression of the facts when New Yorkers deserved the truth. The pandemic is not over, and I am hopeful the current administration will make changes to improve accountability and protect lives. An important step would be for DOH to provide the families who lost loved ones with answers as to the actual number of nursing homes residents who died. These families are still grieving, and they deserve no less.”

Key audit findings:

  • DOH understated the number of nursing home deaths due to COVID-19 by at least 4,100, and at times during the pandemic by more than 50%. A timeline included in the audit details the inaccurate death counts reported by DOH. When questioned by auditors, DOH officials could not explain the discrepancies. Auditors found the Executive routinely reported incorrect data, inflating the perception of New York’s performance against other states.
  • DOH was slow to respond to a federal directive to conduct surveys of nursing homes for infection control problems, surveying just 20% of facilities between March 23 and May 30, 2020, compared with over 90% for some other states. DOH had to hire temporary employees to conduct nursing home surveys during the pandemic because it was understaffed. DOH issued 602 violations from these surveys; however, for 413 (69%) of them there was no indication that the deficiency was corrected.
  • While DOH collects data on a range of issues including infections, DOH does not use it broadly to detect breakouts, geographic trends, and emerging infectious diseases or to shape its infection control policies. It also relies heavily on self-reported data from nursing homes. Auditors found that data from one of DOH’s key informational systems was not complete nor reliable, and found that DOH was aware of this problem long before the pandemic and had committed to resolve it. However, DOH never followed through on the corrective actions, which may have limited its ability to respond to the COVID-19 nursing home crisis.
  • DOH imposed impediments on the audit, including delaying requested data, limiting auditors’ contact with program staff, not addressing auditors’ questions during meetings, and not providing supporting documentation. These are not routine actions by state agencies undergoing an Office of the State Comptroller audit and raise serious concerns about the control environment at DOH.

DOH’s inadequate nursing home oversight and low standards for compliance have been long-standing issues. Previous reports issued by DiNapoli’s auditors have taken issue with the department for setting minimum standards for compliance and setting a low bar for accountability for nursing homes. As the Centers for Disease Control cites the workforce as a “first line of defense against disease outbreaks and other health threats,” inadequate support led to some of the major problems that arose during the pandemic and delays in setting up infectious disease control procedures at health facilities.

President Biden in February called on Congress to provide additional funding to support health and safety inspections at nursing homes. The Comptroller urges Congressional support for this initiative as these funds could significantly help DOH improve its data systems and examine workforce needs, which have been limited by underinvestment.

The audit recommended:

  • The Executive Chamber assess and improve its internal control environment, including improving cooperation with state oversight inquiries, communication with localities, and external reporting.
  • DOH expand its use of infection control data to identify patterns, trends, areas of concern or non-compliance that will help create policy recommendations for infection control practices and nursing home surveys; improve quality of public reported data; and strengthen communication and coordination with localities on collection and reporting and use of infection control data.
  • DOH collect supplemental data through other sources, such as the CDC, and incorporate it into its current data sets to establish a foundation to adequately address public health emergencies.

DOH agreed with some of the Comptroller’s recommendations but took exception to some statements in the audit. The response is included in the audit.

Audits:

Prior audits:

Members Of The Mount Vernon Goonies Street Gang Sentenced For The Murder Of 13-Year-Old Innocent Bystander


 Damian Williams, the United States Attorney for the Southern District of New York, announced today that SINCERE SAVOY was sentenced to 22 years in prison for his participation in the 2016 murder of Shamoya McKenzie and the affairs of the Goonies street gang.  In September 2021, co-defendant DAVID HARDY was sentenced to 31 years in prison for the murder of McKenzie and his participation in a 2012 shooting.  In July 2021 and November 2021, co-defendants MARQUIS COLLIER and JERMAINE HUGHLEY, respectively, were each sentenced to 27 years in prison for their participation in the McKenzie murder and the affairs of the Goonies gang.

According to allegations in the Indictment and other documents filed in federal court, as well as statements made in public court proceedings: 

Between 2007 and 2017, in the Southern District of New York and elsewhere, HARDY, COLLIER, HUGHLEY, and SAVOY were members of a racketeering enterprise known as the “Goonies.”  In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Goonies committed, conspired, attempted, and threatened to commit acts of violence, including murder, attempted murder and robbery; they conspired to distribute and possess with the intent to distribute narcotics; and they obtained, possessed, and used firearms, including by brandishing and firing them. 

The Goonies were engaged in a long-standing and violent feud with several rival Mount Vernon street gangs, including, among others, the “Boss Playa Family,” the “Get Money Gangstas,” the “Gunnas,” and the “Much Better Gang”.  On December 31, 2016, HARDY, COLLIER, HUGHLEY and SAVOY attempted to murder a rival gang member in broad daylight by firing multiple shots at him in the vicinity of Tecumseh Avenue and Third Street in Mount Vernon, New York.  The rival gang member suffered gunshot wounds but survived.  One of the bullets, however, missed the intended target and struck the head of 13-year old Shamoya McKenzie, who was in the front passenger seat of a passing car, which was being driven by her mother.  Shamoya McKenzie died as a result.

HARDY, 27, pled guilty to one count of using a firearm in connection with the murder of Shamoya McKenzie in aid of racketeering and one count of using a firearm in connection with an assault with a dangerous weapon in aid of racketeering for committing a separate shooting in 2012 in furtherance of the Goonies.  He was sentenced to 372 months’ in prison.

COLLIER, 30, pled guilty to one count of racketeering conspiracy and one count of discharging a firearm in connection with the murder of Shamoya McKenzie in aid of racketeering.  He was sentenced to 324 months’ in prison.

HUGHLEY, 28, pled guilty to one count of racketeering conspiracy and one count of discharging a firearm in connection with the murder of Shamoya McKenzie in aid of racketeering.  He was sentenced to 324 months’ in prison.  

SAVOY, 25, pled guilty to one count of using a firearm in connection with the murder of Shamoya McKenzie in aid of racketeering. He was sentenced to 264 months’ in prison.

Mr. Williams thanked the Westchester County District Attorney’s Office for their extraordinary cooperation and assistance with this case, and praised the outstanding investigative work of the Mount Vernon Police Department and the FBI Westchester Safe Streets Task Force which includes Special Agents and Task Force Officers from the FBI, U.S. Probation, New York State Police, New York State Department of Corrections and Community Supervision, Westchester County PD, Westchester County DA's Office, Putnam County Sheriff's Office, Rockland County DA's Office, the NYPD and the Yonkers, Mount Vernon, Peekskill, Greenburgh, New Rochelle, White Plains, Clarkstown and Ramapo Police Departments. 

NEW YORK STATE CLIMATE ACTION COUNCIL ANNOUNCES PUBLIC HEARING SCHEDULE

 

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April and May Public Hearings at Upstate and Downstate Locations to Provide Public Opportunities to Share Input on Draft Scoping Plan


Public Comment Period Extended through June 10, 2022 

 New York State’s 22-member Climate Action Council, established under the Climate Leadership and Community Protection Act (CLCPA), will hold 10 public hearings across the State to receive public input on the Draft Scoping Plan and advance work on a Final Scoping Plan to guide the implementation of the State’s nation-leading climate goals under the CLCPA. 

The Council released the Draft Scoping Plan on Dec. 30, 2021, and is accepting public comments on the draft through June 10, 2022. The Council extended the comment period beyond 120 days to allow for additional public input.  

The Department of Environmental Conservation (DEC) and New York State Energy Research and Development Authority (NYSERDA), Co-Chairs of the Climate Action Council, today announced eight in-person hearings in locations across the State, as well as two virtual hearings. In-person hearings will also be live-streamed to allow for remote viewing of the proceedings. All persons, organizations, corporations, and government agencies are encouraged to attend the public hearings and to submit oral or written comments. 

DateTimeLocationVenue
Tuesday, April 5, 20224:00 PMBronxBronx Community College
Roscoe Brown Student Center
Hall of Fame Playhouse
2155 University Avenue
Bronx, NY 10453
Wednesday, April 6, 20224:00 PM
BrookhavenBrookhaven Town Hall
1 Independence Hill
Farmingville, NY 11738
Tuesday, April 12, 20224:00 PMBinghamtonBinghamton University
Symposium Hall
85 Murray Hill Road
Vestal, NY 13850
Thursday, April 14, 20224:00 PMAlbanyEmpire State Plaza
Meeting Room 6
Albany, NY 12242
Tuesday, April 26, 20224:00 PMSyracuseSUNY College of Environmental Science and Forestry
Gateway Center
1 Forest Drive
Syracues, NY 13210
Wednesday, April 27, 202
3:30 PMBuffaloBuffalo & Erie County Public Library
Mason O. Damon Auditorium
1 Lafayette Square
Buffalo, NY 14203
Tuesday, May 3, 20224:00 PMBrooklynNew York City College of Technology
The Theater at City Tech
285 Jay Street
Brooklyn, NY 11201
Saturday, May 7, 202210:00 AM
VIRTUALEvent Link: https://nyserdany.webex.com/nyserdany/onstage/g.php?MTID=e3f037513c7ab055c46f1253fb908265e
Event Number: 2599 706 6384
Event Password: climate
Call in Number: +1-415-655-0003
Call in Access Code: 2599 706 6384
Tuesday, May 10, 20224:00 PM
Tupper Lake The Wild Center
45 Museum Drive
Tupper Lake, NY 12986
Wednesday, May 11, 2022
4:00 PM
VIRTUALEvent Link:https://nyserdany.webex.com/nyserdany/onstage/g.php?MTID=eecfcf639bf8b5c07f1740e976f494fba 
Event Number: 2595 530 3236
Event Password: climate
Call in Number: +1-415-655-0003
Call in Access Code: 2595 530 3236


If in-person hearings cannot be held due to changing COVID-19 health and safety guidelines, hearings will shift to virtual at the same date and time. Each participant will be given two minutes to address the Climate Action Council. Lengthy statements should be submitted in writing and summarized for oral presentation. PowerPoint presentations are not allowed, but individuals may provide written supporting documents or visuals. 

Pre-registration is encouraged but not required for the in-person hearings. Priority in seating and speaking will be given to those who pre-register. Individuals can pre-register here. Hearings will be webcast for viewing purposes only, professionally recorded, and transcribed as part of the official record and posted on the Climate Act website

Members of the public who want to provide oral comment must attend either in-person or join a virtual hearing. Equal weight will be given to oral and written statements. American sign language and language interpretive services shall be made available upon written request at no charge. Any additional information, including instructions for joining each event remotely to view the proceedings, will be made available prior to each event here.  

The virtual public hearings will include live captioning in multiple languages. To view live captioning during the virtual hearings, attendees can join the presentation through PowerPoint Live using a computer or smartphone. For details on how to use PowerPoint Live for live captioning, click here

Written comments can be submitted through June 10, 2022, via the online public comment form, via email to scopingplan@nyserda.ny.gov, or via U.S. Mail to Attention: Draft Scoping Plan Comments, NYSERDA, 17 Columbia Circle, Albany, NY 12203-6399. 

For more information about the New York State Climate Action Council, visit here

New York State's nation-leading climate agenda is the most aggressive climate and clean energy initiative in the nation, calling for an orderly and just transition to clean energy that creates jobs and continues fostering a green economy as New York State recovers from the COVID-19 pandemic. Enshrined into law through the CLCPA, New York is on a path to achieve its mandate of a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and to reach economy-wide carbon neutrality. It builds on New York's unprecedented investments to ramp-up clean energy including over $33 billion in 102 large-scale renewable and transmission projects across the state, $6.8 billion to reduce buildings emissions, $1.8 billion to scale up solar, more than $1 billion for clean transportation initiatives, and over $1.6 billion in NY Green Bank commitments. Combined, these investments are supporting nearly 158,000 jobs in New York's clean energy sector in 2020, a 2,100 percent growth in the distributed solar sector since 2011 and a commitment to develop 9,000 megawatts of offshore wind by 2035. Under the Climate Act, New York will build on this progress and reduce greenhouse gas emissions by 85 percent from 1990 levels by 2050, while ensuring that at least 35 percent with a goal of 40 percent of the benefits of clean energy investments are directed to disadvantaged communities, and advance progress towards the state's 2025 energy efficiency target of reducing on-site energy consumption by 185 trillion BTUs of end-use energy savings. 

Attorney General James Recovers $130,000 in Stolen Wages for Unpaid Building Superintendents in Queens

 

Sanford Apt. Corp Failed to Provide Live-In Superintendents with Any Wages

 New York Attorney General Letitia James today continued her efforts to crack down on wage theft by securing an agreement with Sanford Apt. Corp (Sanford), a cooperative residential apartment building in Flushing, Queens that refused to pay its superintendents for their work. Attorney General James’ investigation revealed that Sanford knowingly and intentionally failed to pay two consecutive superintendents who worked in the building. Instead of fair compensation, Sanford offered the superintendents a rent-free apartment to live in for the duration of their employment. The agreement requires Sanford to pay the $130,000 in cheated wages plus interest that is owed to the two employees.    

“Fair pay is both a legal and a moral obligation — it is not a suggestion,” said Attorney General James. “By refusing to provide its employees with wages, Sanford violated the law and took advantage of hard-working New Yorkers. These individuals are finally receiving the money and the justice they’ve long been due. Every single worker has a right to be compensated fairly for their labor, and any employer that attempts to deny the rights of their workers will be met with the full force of my office and the law.”

Attorney General James first launched an investigation into Sanford following a complaint to the Office of the Attorney General’s (OAG) hotline in November 2020. The investigation revealed that Sanford had explicitly refused to provide wages to its superintendents that had been employed with the company for less than two years. Instead, Sanford established that the rent-free apartment granted to all superintendents would be the only compensation they would receive. Sanford’s actions violated the Minimum Wage Order and New York labor laws, which require all employers to pay covered employees the applicable minimum wage. 

The agreement negotiated by Attorney General James ensures the two superintendents are repaid every dollar they are owed for their work at Sanford. Based on the minimum wage laid out in the Wage Order, Sanford owes one worker $39,944.57 in wages plus $9,613.68 in interest and owes the second worker $38,602.29 in wages plus $15,660.40 in interest. Sanford must also provide $26,179.06 in liquidated damages to the two superintendents impacted by the underpayment. $75,000 is being distributed to the workers in the coming days, with the remaining $58,300.02 to be paid in six equal installments every two months starting in June of 2022, and the final payment in April 2023.

As part of the agreement, Sanford must also adhere to all federal, state, and local laws and submit biannual compliance reports to OAG. If Sanford fails to comply with the terms of the agreement or fails to provide the superintendents the compensation required, OAG reserves the right to bring civil action against Sanford.