Assemblyman Jeffrey Dinowitz Digest: Session Recap, Absentee Ballot Deadline, & More

 

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What's Happening in the 81st Assembly District?

Absentee Ballot Request Deadline on June 13 Gas Tax Holiday Takes Effect Around the Community: New Mural on Jerome Avenue & Farewells at the Riverdale Y Local Update: Check Your Assigned Poll Site Carefully Albany Update: Session Recap Poll of the Week: Climate Change VIDEO: Virtual Town Hall on June 7 FINAL REMINDER: Shred Day in Riverdale on Sunday, June 12 Updates from Government & Community Partners

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Absentee Ballot Request Deadline on June 13

As you are hopefully aware, there is a primary election coming up on June 28, 2022. The deadline to request and absentee ballot for this primary election is on Monday, June 13. Please be aware that if you request an absentee ballot, you will not be able to cast a standard in-person vote during early voting (June 18-26) or on June 28, although you would be entitled to instead submit an affidavit ballot or to submit your completed absentee ballot at the poll site. The most efficient way to request an absentee ballot is to do so online: nycabsentee.com. This primary election is to select candidates to run in the November general election or to elect party officials for the following positions relevant to the 81st Assembly District: • New York State Assembly (Democratic Nominee) • New York State Governor (Democratic and Republican Nominees) • New York State Lieutenant Governor (Democratic Nominee) • Female State Committee (Democratic Party) • Male State Committee (Democratic Party) • Female District Leader (Democratic Party) • Male District Leader (Democratic Party) Some election districts, but not all election districts, may also have an option to vote for Democratic County Committee. To view your sample ballot, please visit: vote.nyc/page/understanding-ballot Additionally, please note that all candidates for Congress and State Senate will run in a primary election to be held on August 23, 2022 as a result of a lawsuit filed in Steuben County that overturned our district maps and forced a delay in these elections. Any other positions not mentioned here are uncontested and will not appear on a primary ballot.

Gas Tax Holiday Takes Effect

As part of the budget this year, New York State suspended the collection of the state portion of the gas tax from June 1, 2022 though the end of the year. This should result in an immediate savings of 16 cents per gallon that would have otherwise been collected for state tax. The budget legislation also allowed counties to opt into a suspension of local gas taxes, which Westchester County has chosen to do. Westchester County will only collect their local gas tax on the first $3 per gallon of gas, regardless of the overall price. The state gas tax suspension was offset by money in this year's budget to ensure that funding for our transportation networks is not interrupted. I am somewhat concerned that gas retailers will simply pocket the money saved from suspending the gas tax, instead of passing the savings onto consumers. If you suspect that a gas station is engaged in price gouging, please report it to the State Attorney General here: ag.ny.gov/price-gouging.

Around the Community: New Mural on Jerome Avenue & Farewells at the Riverdale Y

It was wonderful to celebrate the opening of a new mural on Jerome Avenue at East Gun Hill Road! We were joined by State Senator Jamaal Bailey, Assemblywoman Nathalia Fernandez, and a representative from Council Member Eric Dinowitz. The mural is sponsored by Jerome Gun Hill BID, headed by Executive Director Jennifer Tausig and organized by Manger of Neighborhood Development Ariana Cipriani. It was painted by Bronx-based artist Laura Alvarez, with a design that was selected by public input on social media. Thank you to the BID and to Laura for adding this wonderful splash of color in Norwood, and for helping to keep this area a wonderful spot to eat a quick slice of pizza or have a coffee.

It was a privilege to join the Riverdale Y at their annual meeting, joined by Council Member Eric Dinowitz, where we got to say farewell to longtime Executive Director Deann Forman. Deann has been a wonderful partner in our community, and she will be missed greatly! Best of luck to Deann as she continues on with her career. I was also pleased to share that I was able to secure $50,000 in funding for the Riverdale Y as part of our state budget. Keep up the great work on behalf of all Bronxites!

Local Update: Check Your Assigned Poll Site Carefully

Many of you may have received notices from the New York City Board of Elections which indicates your assigned polling precinct for the upcoming primary election on June 28. If you did not receive this information, you can check your assigned poll site for both election day (June 28) and early voting (June 18-26) here: findmypollsite.vote.nyc. I must say, I am absolutely furious at some of the poll site assignments. For example, residents of The Whitehall (3333 Henry Hudson Parkway) have voted for decades at MS/HS 141 (Riverdale Kingsbridge Academy). This year they have been reorganized into an election district with buildings on southern Palisade Avenue and are being told to go vote in Knolls Crescent. This is absolutely ridiculous, as it would take at least fifteen minutes each direction to walk from The Whitehall to Knolls Crescent — not factoring in the need to navigate hills, the highway, or inconsistent presence of sidewalks and crosswalks along the way. We should be making it as easy as possible for people to cast their ballots and participate in our elections. I have been working to convince the Board of Elections to fix some of the problems in polling place assignments both at The Whitehall and at other locations. If you have an assigned poll site that you believe is too far for you and your neighbors to access, please let me know by email or telephone at DinowitzJ@nyassembly.gov or 718-796-5345.

Albany Update: Session Recap

The legislative session has completed (except for any special sessions that may be called), and I am very proud of what we were able to accomplish this year. I know there are many important bills which did not come up for a vote, including several of my priorities, but on the whole the Assembly passed 1,245 bills this session (including 34 of my own, which I believe is in the top five most productive legislators in the Assembly). I have listed below a summary of the bills we got done, with a particular focus on what got done in recent weeks. This is absolutely not an exhaustive list, but I tried to include the policies that the most people would be interested in. Please let me know if you have any questions about any of these or other bills.

Gun Violence

For many years, New York State has been a national leader in promoting common sense gun controls. However, as highlighted by the tragedy in Buffalo several weeks ago, the landscape of firearms and related equipment changes rapidly. As such, we passed a set of ten bills at the end of session this year to combat gun violence. I proudly co-sponsored and voted in favor of each of these ten bills, and all ten have been signed into law by Governor Hochul. Here are those bills: • A10502: Strengthens 2019 Red Flag law by expanding those who can file an Extreme Risk Protection Order (ERPO) to include health care professionals. The bill also requires police and district attorneys to file ERPO petitions in certain circumstances, and requires that firearm licensing decisions consider whether a relevant report has been made by a treating health or mental health practitioner. • A1023-A: Combats gun trafficking by requiring all state and local law enforcement agencies to submit gun crime information to the National Crime Information Center, the National Integrated Ballistic Information Network, and the National Tracing Center of the Bureau of the Alcohol, Tobacco, Firearms and Explosives. Additionally, the bill requires gun dealers to implement a security plan for securing firearms, prohibits minors from entering certain parts of a gun store without a parent, requires gun dealers to train all employees on firearm transfers, and requires state police to inspect gun dealers every three years. • A10428-A: Prohibits all large capacity ammunition feeding devices, eliminating the loophole which allowed firearms possessed before the SAFE Act to be grandfathered in. • A10504: Expands the definition of "firearm" to include any weapon that is designed or may be readily converted to expel a projectile by action of an explosive, closing a loophole that allowed certain types of weapons to evade the penal code definition of firearms and rifles. • A7926-A: Explores the feasibility of microstamping technology for pistols. This is a novel technology that would imprint a very small identifying mark on ammunition that is fired from a pistol, thus making it easier to determine whose gun was used in a given crime. • A10503: Raises the minimum age to purchase a semiautomatic weapon from 18 to 21, and adds a requirement for a license to be obtained prior to purchasing a semiautomatic rifle, such as already is in place for a pistol or revolver. • A7865-A: Requires social media networks in New York to provide a clear and concise policy regarding how they would respond to incidents of hateful conduct on their platform and maintain easily accessible mechanisms for reporting hateful conduct on those platforms. • A10501: Creates a Task Force on Social Media and Violent Extremism within the Office of the Attorney general to study and investigate the role of social media companies in promoting and facilitating violent extremism and domestic terrorism online. • A6716-A: Establishes two new crimes, one defining "making a threat of mass harm" as a class B misdemeanor, and another defining "aggravated making a threat of mass harm" as a class A misdemeanor. • A10497: Prohibits the purchase or sale of body vests (defined in state law as a bullet-resistant soft body armor providing threat level I protection, i.e. from three shots from a .38 caliber handgun) to anyone not engaged in an eligible profession (such as law enforcement), and requires such sales to be completed in person. We also passed a resolution (K1028) calling on Congress to reinstate the Federal Assault Weapons Ban of 1994. This ban prohibited manufacture of certain semiautomatic firearms and large capacity magazines for use by civilians, but expired in 2004. These types of weapons have been used in mass shootings, such as those that happened in Buffalo and Uvalde last month.

Abortion Access

Many New Yorkers are justifiably concerned about the expanded attack on reproductive rights throughout the nation, from the Texas bounty law which offers civilians a reward for turning people in for getting an abortion to laws in places like Mississippi which ban abortions after just a few weeks (before most women even know they are pregnant). These laws in other states appear to be building up to a Supreme Court decision which would overturn Roe v. Wade after nearly fifty years of legal precedent. We passed a package of five bills in the Assembly this year to strengthen our state's protections to ensure that every New Yorker has access to an abortion if they choose to have one. I proudly co-sponsored and voted for each of the following five bills. • A9687-B: Protects appropriate health care practitioners from being subject to professional misconduct charges solely for performing, recommending, or providing reproductive health services (such as abortions) to a patient that resides in a state where those services are illegal. The bill also ensures that appropriate practitioners from other states are not denied licensure, certification, or authorization solely on the basis of being subject to disciplinary action by other states. • A9718-B: Prohibits medical malpractice insurance companies from taking any adverse action against a reproductive healthcare provider who provides abortions or similar services to out-of-state individuals, including through telemedicine. • A9818-A: Allows certain individuals relevant to reproductive healthcare to apply for a designated address to receive mail instead of using their actual address through New York's Address Confidentiality Program (operated by the New York Department of State). This would help maintain confidentiality for patients, providers, employees, volunteers and others who might be concerned about threats of violence due to their involvement in abortion procedures. • A10372-A: Provides judicial protections to reproductive healthcare providers in New York, including insulation against extradition to other states for abortion procedures performed in New York, prohibition of law enforcement from arresting any person or cooperating with any out-of-state agency to arrest any person for performing a legal abortion in New York, and prohibition of courts and county clerks from issuing subpoenas related to out-of-state proceedings related to legal abortions performed in New York. • A10094-A: Establishes the "Freedom from Interference with Reproductive and Endocrine Health Advocacy and Travel Exercise Act" (FIRE HATE Act), which would allow people to file a legal claim for damages (including compensatory and punitive damages, as well as legal fees) if their right to access an abortion in New York is infringed or impeded.

Climate Change

There is no question that climate change is a serious and immediate challenge that needs to be continually and substantially addressed by both New York and the United States. In 2019, New York passed the Climate Leadership and Community Protection Act - establishing some of the most aggressive climate goals in the entire nation to reduce emissions and expand renewable, clean energy. This policy area may be the singular area where our state has the most work left to do, but I am very proud of the work that we did get accomplished. I will discuss more below about some of the climate policies I believe we need to get done, but here are some of the major bills that we did get done this year: • A10439: Strengthens energy efficiency standards for buildings, which are the largest source of energy consumption in New York. The bill also sets new appliance efficiency and performance standards, projected to save utility consumers $15 billion by 2035 and reducing greenhouse gas emissions by the equivalent of half a million cars from the road each year. As a reminder, we also passed a first-in-the-nation moratorium on fossil-fuel powered cryptocurrency mining (the Assembly passed this in April, the State Senate passed it just under the wire in June). Additionally, we included language to preserve 30% of New York's land and water by 2030 as part of the state budget this year. There is no silver bullet solution to climate change, but we need to continue chipping away and making progress towards a 100% reduction in greenhouse gas emissions as soon as we possibly can.

Housing

We accomplished a lot of important policy to keep people in their homes during the COVID-19 pandemic, including two of my laws which prevented evictions: the Tenant Safe Harbor Act and the COVID-19 Emergency Eviction and Foreclosure Prevention Act. We also invested hundreds of millions of additional dollars in this year's budget towards the Emergency Rental Assistance Program to help pay arrears for people who lost income during the pandemic. I am also proud that I was able to pass a longtime bill of mine through both the Assembly and the State Senate. This legislation (A992-A) would prohibit a landlord from imposing a surcharge on a tenant for the use of a tenant-installed air conditioning unit if the tenant pays for the electric bills. As some of you may know, oftentimes rent stabilized leases include terms that allow a landlord to charge tenants simply for having an AC unit. This has always bothered me, especially because the tenant is the one who goes out to purchase the air conditioner, the tenant is the one who installs it or hires someone to install it, and then the tenant is the one who pays for the power to run it. I don't begrudge any businessperson their right to earn a profit, but it is ludicrous for anyone to try and profit off of something they have absolutely zero involvement in - such as an air conditioner. This continues a long-standing effort of mine to curtail excessive fees for rent stabilized apartments. Last year, I passed a state law to prohibit the inclusion of legal fees on rent statements unless authorized by a judge. This year, I passed in the Assembly a bill to direct the NYS Division of Homes and Community Renewal to study non-rental fees charged by landlords (unfortunately this bill did not pass in the State Senate). Additionally, I passed legislation (A1980) through both houses this year that requires additional notice for property tax exemptions for older adults (such as the Senior Citizen Homeowner Exemption - SCHE).

BRONX MAN SENTENCED TO 19 YEARS IN PRISON FOR FATALLY STABBING CUSTOMER IN BODEGA

 

Defendant Pleaded Guilty to First-Degree Manslaughter

 Bronx District Attorney Darcel D. Clark announced that a Bronx man has been sentenced to 19 years in prison after pleading guilty to first-degree Manslaughter for fatally stabbing a customer inside his father’s bodega in 2019.

 District Attorney Clark said, “The defendant was working in his father’s bodega when he stabbed the victim multiple times, without provocation. Now he will spend 19 years in prison for this crime.”

 District Attorney Clark said the defendant, Ronny Torres, 28, last of 163 East 178th Street, was sentenced today to 19 years in prison and five years of post-release supervision by Bronx Supreme Court Justice Margaret Clancy. The defendant pleaded guilty to first-degree Manslaughter on May 23, 2022.

 According to the investigation, on October 24, 2019 at approximately 1:00 p.m., Torres was working inside his father’s bodega located on 950 Longwood Avenue when the victim, Frankie Williams, 37, a known customer, went in. Without provocation, the defendant stabbed Williams multiple times in the stomach and chest. Williams was taken to Lincoln Medical Center where he was pronounced dead shortly after. The defendant turned himself in to authorities later that day. The incident was captured on surveillance video.

 District Attorney Clark thanked NYPD Detective Patrick Sullivan of the Bronx Homicide Squad and NYPD Detective Darrin Smalls of the 41st Precinct for their assistance in the investigation. 

United States Sues The Town/Village Of Harrison, New York And Its Fire Department For Discrimination And Sexual Harassment

 

Lawsuit Alleges That the Town/Village of Harrison and Its Fire Department Discriminated and Retaliated Against a Female Firefighter Who Was Subjected to Unwanted Sexual Advances and Harassed by a Senior Male Firefighter

 Damian Williams, the United States Attorney for the Southern District of New York, announced that the United States has filed a lawsuit against the TOWN/VILLAGE OF HARRISON (“HARRISON”), the FIRE DISTRICT TWO OF HARRISON, and the HARRISON VOLUNTEER FIRE DEPARTMENT NO. 1 OF HARRISON, N.Y. d/b/a HARRISON FIRE DEPARTMENT (“HARRISON FIRE DEPARTMENT”), alleging discrimination on the basis of sex and retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). HARRISON and the HARRISON FIRE DEPARTMENT are alleged to have unlawfully discriminated against a female firefighter by creating a hostile work environment and terminating her employment after she reported that a male senior firefighter had harassed and stalked her.

U.S. Attorney Damian Williams said:  “Sexual harassment in the workplace is abhorrent. All employers, including government agencies, must ensure that sexual harassment is prohibited—not ignored or followed by illegal employment actions against victims, as we allege occurred at the Town of Harrison. This suit seeks to remedy the civil rights violations committed by the Harrison Fire Department and the Town of Harrison, and ensure that Harrison protects its employees’ rights in the future.”

As alleged in the complaint filed in the White Plains federal court:

In 2015, Angela Bommarito (“Bommarito”) joined the HARRISON Fire Department. In her first month on the job, a senior firefighter, Henry Mohr (“Mohr”), pressured Bommarito with unwanted sexual advances. Mohr later also harassed and stalked Bommarito, including by repeatedly following her and calling her on numerous occasions. Further, Mohr used sexually demeaning expletives to describe Bommarito in front of other firefighters. HARRISON and HARRISON FIRE DEPARTMENT leaders learned of Mohr’s harassment, including through reports by Bommarito. After those officials failed to take any employment action against Mohr and the harassment persisted, Bommarito filed a report with HARRISON’s Police Department. In response, HARRISON’s then-Police Chief told Mohr, in a recorded interaction, that Bommarito’s presence at the firehouse was a “temptation,” which was “hard to resist sometimes,” and that the Police Chief “want[ed] to broker a deal with the Town to make sure this whole thing dies” so that he could get Mohr “out of this situation.” Bommarito subsequently signed a resignation letter prepared by the Police Chief after he threatened to arrest her and report her other relationships to HARRISON’s Fire Commissioners. Soon after, Bommarito attempted to withdraw the resignation, but the HARRISON FIRE DEPARTMENT proceeded with the termination of her employment.

Following Bommarito’s departure from the Harrison Fire Department, Mohr continued to harass and stalk her. Mohr was eventually arrested for his harassment of Bommarito and pled guilty to harassment in the second degree.  A family court judge also entered an order of protection against Mohr.

Title VII authorizes the Department of Justice to commence an action in the United States District Court against HARRISON and the HARRISON FIRE DEPARTMENT to remedy discrimination on the basis of sex and retaliation in violation of Title VII. The United States’ complaint seeks declaratory and injunctive relief, as well as compensatory damages on behalf of Bommarito.

MAYOR ADAMS’ STATEMENT ON MASK REQUIREMENTS FOR 2-4 YEAR OLDS

 

New York City Mayor Eric Adams today released the following statement regarding mask mandates in schools and daycare centers for 2- to 4-year-old children: 

 

“I have always said that the science will guide us out of the pandemic, and because we have followed the data, which shows that cases are steadily falling, we‘ve beaten back the latest COVID-19 surge. New Yorkers stepped up when we needed them most and have put us on the path to lower risk.

 

“Throughout the current wave, schools have remained the safest places for our children and beginning Monday, June 13, we will make masks optional for 2-4 year old children in all early childhood settings. We still strongly recommend that New Yorkers of all ages continue to wear masks indoors and we will continue to make masks available for any child or school staff member who wishes to continue wearing them. 

 

“I’m with New York City parents and New Yorkers can trust this administration to continue to make the proper public health decisions to keep our kids safe.”