NYS Office of the Comptroller DiNapoli Releases Audits

 

New York State Comptroller Thomas P. DiNapoli announced today the following audits have been issued.

The Division of Military and Naval Affairs: Internal Controls Over Selected Financial Operations (Follow-Up) (2022-F-4)

The Division of Military and Naval Affairs (DMNA) manages New York State’s military forces, which are composed of the New York Army National Guard, the New York Air National Guard, the New York Naval Militia, and the New York Guard. An audit issued in 2020 found numerous weaknesses in DMNA’s internal controls to ensure that state assets were appropriately managed and safeguarded. In a follow-up audit, auditors found that DMNA has made significant progress in addressing the issues identified in the initial audit, implementing all nine recommendations that were made.

State Education Department: Oversight of Pupil Transportation Services (Follow-Up)

(2022-F-5)

Approximately 2.3 million children are transported to school daily across the state, with one third riding School District-owned buses, one third riding contracted buses, and the remaining third utilizing public transportation. The New York State Education Law requires the State Education Department to take steps to ensure that school bus drivers, monitors, and attendants are qualified and properly trained. A 2020 audit found that the Department could improve its efforts to monitor School Districts’ compliance with its requirements and, consequently, did not have assurance that drivers, monitors, and attendants across the state were qualified and had completed required training. The follow-up audit found that Department officials made limited progress in addressing the issues identified in the initial audit report.

NYC Department of Transportation: Street Construction-Related Permits 2020-N-6

The NYC Department of Transportation issues 150 different types of sidewalk and roadway construction permits that cover activities such as street openings, sidewalk construction and installation of canopies over sidewalks. DOT Highway Inspections and Quality Assurance (HIQA) is the agency’s enforcement unit and conducts construction site inspections to ensure permittees comply with the laws, regulations, and permit specifications and stipulations. Auditors determined that DOT did not always ensure that permittees were in compliance with street permit requirements.

Department of Taxation and Finance - Collection of Petroleum Business Tax and Motor Fuel Excise Tax (Follow-Up) 2021-F-30

An audit issued in 2020 looked at the systems and practices that the Department of Taxation and Finance put in place to allow it to appropriately collect Petroleum Business Tax and Motor Fuel Excise Tax, as they are required to do by law. The audit uncovered weaknesses in the Department’s efforts to appropriately collect taxes and suggested recommendations for how the Department could improve oversight of distributors and tax collection processes. In a follow-up, auditors found the Department has made significant progress in addressing the issues identified in the initial report, implementing both recommendations that were made.

United Cerebral Palsy Association of Nassau County, Inc. – Compliance With the Reimbursable Cost Manual

United Cerebral Palsy Association of Nassau County, Inc. (CPN) is a State Education Department (SED)-approved, non-profit special education provider located in Roosevelt. Among other programs, CPN provides preschool education services to young children with disabilities. CPN is reimbursed for these services through rates set by SED. Auditors looked at the fiscal year ended June 30, 2018, and found several issues with CPN’s reporting, including nearly $160,000 in ineligible costs reported by CPN on its Consolidated Fiscal Reports.

All My Children Day Care — Compliance With the Reimbursable Cost Manual

All My Children Day Care (AMC) is a New York City-based not-for-profit organization authorized by SED to provide Special Education Itinerant Teacher (SEIT) services to young children with disabilities. AMC also operated other programs, including the New York City Administration for Children’s Services’ Early Learn program. Auditors found that on its annual Consolidated Fiscal Reports, AMC failed to provide certain key documents it should have retained to support the expenses claimed on its annual CFRs, including over $3 million in unsupported costs for fiscal year 2014-15.

Governor Hochul Announces Major Crackdown to Combat Wage Theft

 Wage Theft Task Force Recovers Nearly $3 Million in Restitution Owed to Workers and New York State

Launches New Hotline to Report Wage Theft and Recover Stolen Wages - 833-910-4378 - and Develops Online Wage Theft Reporting and Tracking Tool

 Governor Kathy Hochul today announced major actions to combat wage theft and protect the paychecks of hardworking New Yorkers. The Governor announced that the Wage Theft Task Force, a coordinated effort between the New York State Department of Labor, the New York State Attorney General, and District Attorneys, has recently secured felony convictions and agreements from more than a dozen businesses and 265 individuals to pay nearly $3 million in wage restitution and contributions owed to New York State since the beginning of the COVID-19 pandemic. The Governor also announced new efforts to double down on the success of the Task Force, launching a new hotline and developing a state-of-the-art online wage theft reporting system to create more opportunities for workers to report wage theft and receive what they are owed while protecting their privacy and safety.

Starting today, New Yorkers can report wage theft directly to the New York State Department of Labor by calling the new hotline at 833-910-4378, which has interpretation services available. The online reporting system will give New Yorkers the ability to report wage theft online in a variety of languages while improving the Department's ability to track complaints and identify trends.

"As we work to help New Yorkers recover from the economic hardship of the pandemic, we must ensure we are protecting workers and guarantee they receive the pay they are owed," Governor Hochul said. "The Wage Theft Task Force has already secured major victories for workers, and I thank the Attorney General and District Attorneys for their partnership with the Department of Labor to crack down on bad actors and deliver justice to workers. I am proud that we are doubling down on our efforts in order to help more workers and make it clear that in New York, wage theft will never be tolerated."

Wage Theft Task Force

The Wage Theft Task Force initially leveraged criminal laws to achieve justice for construction workers in cases involving wage theft, fraud, and safety hazards. The Task Force has recently expanded its scope into other industries and counties in New York State. The Wage Theft Task Force includes NYSDOL, the New York State Attorney General's Office, the New York State Insurance Fund (NYSIF), the Offices of District Attorneys across the State, and the New York City Department of Investigation. The Task Force works closely with labor unions and community-based organizations as part of efforts to support workers and recover owed wages.

New York State Department of Labor Commissioner Roberta Reardon said, "Our investigators, District Attorneys, and law enforcement agencies across the State are pursuing bad actors who look to cheat hardworking New Yorkers out of what they're owed. My message to unscrupulous employers is clear: We will not tolerate the mistreatment of workers. If you violate our labor laws, we will find you and hold you accountable. We will never stop fighting to protect all New York workers."

Civil Agreements

In April 2022, Lintech Electric, Inc. agreed to pay $900,000 in restitution to more than 200 workers after failing to pay prevailing wage and submitting false payroll documents while working as a subcontractor on several projects with the New York City Housing Authority. (New York State Attorney General's Office)

New York State Attorney General Letitia James said, "Each and every day, hardworking New Yorkers move our state forward - they are what make us great. For too long and too often, greedy employers have preyed upon these same workers, cheating them out of the wages they have rightfully earned. In the last two years, my office has returned over $15 million to more than 15,000 victims of wage theft statewide, and we will continue to do everything in our power to ensure that bad actors who steal from New Yorkers are held accountable. I am grateful to Governor Hochul, Commissioner Reardon, and all members of the Wage Theft Task Force for their partnership and relentless commitment to fight for the working people of New York."

Felony Convictions

On June 1, 2022, Piyamas Dimasi of Thai Bistro and Karma Bistro was sentenced to 5 years of probation, and must pay $8,000 in restitution for unpaid wages, as well as repay NYSDOL and the New York State Department of Taxation and Finance after forcing an immigrant to work at their restaurant. (Schenectady)

On June 1, 2022, Paul Hurley, owner of Hurley's Steakhouse and Pub in New Rochelle, pled guilty to Failure to Pay Wages, a misdemeanor for failing to pay eight employees a total of $23,114 for work performed. As part of his plea agreement, Hurley paid full restitution to the victims and will be sentenced on September 14, 2022, to three years of probation. (Westchester)

On April 29, 2022, APJ Restoration Inc. pleaded guilty to fraudulent practices against NYSIF, a violation of Workers' Compensation Law, and Alan James pleaded guilty to 2nd Degree Falsifying Business Records for underreporting the gross sales of the business on documents submitted to NYSIF. The defendants will pay more than $32,575 in restitution to NYSIF. (Suffolk)

On April 7, 2022, Goldstar Installation Services and Paul Gilistro pleaded guilty to 2nd Degree Scheme to Defraud for failing to pay the legal prevailing wage rate to employees. As part of the plea agreement, the defendants paid $40,000 in restitution with an additional $40,000 to be paid over a one-year period. (Suffolk)

On March 28, 2022, Tri-State Construction of NY Corp pled guilty to "Willful Failure to Pay the Prevailing Wage and Supplement" and agreed to pay over $121,530 to employees for failing to pay employees their supplemental benefits and overtime wages on a capital improvement project for the Huntington Union Free School District. (Suffolk)

On February 17, 2022, Designcore Ltd. took a corporate plea with a conditional discharge which includes paying $39,400 in restitution to six employees after failing to pay wages and overtime for workers. (Brooklyn)

On October 14, 2021, Linda Cunegin and Tri-County Home Nursing Services pleaded guilty to failure to pay wages under the New York Labor Law and was ordered to repay $61,000 in wages after failing to pay wages to nine workers. (Nassau)

On September 22, 2020, Jagdep Deol pleaded guilty to failure to pay a prevailing wage on behalf of his company, Laser Electrical Contracting. This is a felony charge for withholding more than $1.5 million in prevailing wages from 11 employees on projects for the New York City School Construction Authority and the New York City Department of Education. As part of a plea agreement, Deol is required to make full restitution to the victims and will reimburse New York City approximately $160,000 in investigation costs. Deol also pled guilty to a misdemeanor violation of the New York State Prevailing Wage Labor Law. (Queens)

On August 26, 2021, Joseph Fregosi of Fregosi Landscaping pleaded guilty to Willful Failure to Pay Prevailing Wage, 1st Degree Falsifying Business Records, and 3rd Degree Perjury for falsifying payroll reports for failing to pay two workers prevailing wage on a Putnam County construction project. Fregosi will pay $46,800 in restitution to the victims. (Putnam)

MAYOR ADAMS, NORMAN SIEGEL, COALITION FOR THE HOMELESS FOUNDER ROBERT HAYES LAUNCH STREET HOMELESS ADVOCACY PROJECT TO SUPPORT NEW YORKERS EXPERIENCING STREET HOMELESSNESS

Project Will Train Volunteers Including Those With Lived Experience To Advocate For, Offer Services To Unhoused New Yorkers 

 New York City Mayor Eric Adams, veteran civil rights advocate and former executive director of the New York Civil Liberties Union Norman Siegel, and Community Healthcare Network president and Coalition for the Homeless founder Robert Hayes today announced the launch of the Street Homeless Advocacy Project (SHAP), a volunteer outreach initiative to provide direct support to those experiencing homelessness. Led by Norman Siegel and Robert Hayes in conjunction with the Interfaith Assembly on Homelessness and Housing, The New York Legal Assistance Group, and the Doe Fund, the new initiative will help train New Yorkers to become volunteer advocates for those experiencing homelessness. 

 

“The Street Homeless Advocacy Project is another step in the right direction when it comes to helping our brothers and sisters experiencing homelessness,” said Mayor Adams. “Since we started this work, we’ve made great strides, and I know we can do better. It won’t be easy, but we can no longer just walk by and pretend this is someone else’s problem. We have a moral duty to try to break this cycle of neglect and despair. With New Yorkers helping New Yorkers, I know we can build trust with homeless New Yorkers and provide them with the resources they need to come off of the streets or out of the subways and find shelter.”  

 

“To reach people and to build trust, we need sustained engagement efforts from relatable people to connect with fellow New Yorkers experiencing homelessness,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “This program adds that element of support to the city’s efforts to help every New Yorker secure a permanent home. Thank you to the mayor for his commitment to this issue, to Norman Siegel for his leadership, and to every volunteer that is and will step up to join this effort. 

 

“No New Yorker should have to live on the streets,” said Norman Siegel, former executive director, New York Civil Liberties Union. “The Street Homeless Advocacy Project will recruit and train volunteer advocates to reach out to people living on the streets to assist them in obtaining alternatives — including housing, safe-haven and stabilization beds, mental health, addiction and job trading placements — to leave the streets voluntarily. I am confident we can make a difference.” 

 

“The mayor and his team are committed to a person-centered approach to homelessness,” said Marc Greenberg, executive director and president, Interfaith Assembly on Homelessness and Housing. “Our project is designed to work in partnership with current outreach efforts and hear directly from those impacted by the city's policies — and support the city's efforts to fulfill its commitment to offer a more humane response to those who have in the past found our shelters frightening and demeaning.”

 

“There is no dignity in living on the streets — and here at the Department of Social Services, we are committed to providing high quality services to our unsheltered brothers and sisters so they can have a safe place to sleep and get the support they deserve,” said New York City Department of Social Services Commissioner Gary P. Jenkins. “Our low-barrier shelters — which just received a historic 171 million dollar investment — are specifically tailored to meet the unique needs of the unsheltered community. With wraparound services, medical and mental health support, and case workers on hand, our low barrier shelters are ready to serve our city’s most vulnerable. We are thrilled to work alongside the Street Homeless Advocacy Project to help countless New​ Yorkers get back on their feet as part of this new initiative.” 

  

SHAP will train volunteers to engage and build trust with those experiencing homelessness, and offer services ranging from independent housing options, safe haven beds, as well as mental health and substance use programs.  

 

Diverse teams of volunteers (made up of individuals with direct experience of homelessness, social workers, clergy and faith leaders, and community leaders) will be assigned to specific areas, in coordination with existing street homeless outreach programs, where they will engage with and offer services to individuals experiencing unsheltered homelessness. 

 

Volunteer advocates will go through a comprehensive application and vetting process before they start. When teams go out, they will be equipped with specific and direct links to the array of residential alternatives to the streets available to homeless individuals, as well as other support services like soup kitchens and medical services.  

 

In addition to the Street Homeless Advocacy Project, any New Yorker who sees someone in need of assistance can call 311 or file a report through the 311 app.  

 

The launch of the SHAP follows Mayor Adams’ historic, $171 million investment in resources for individuals experiencing street homelessness. It also comes after a record of more than 1,300 New Yorkers accepted shelter in the first three months of Mayor Adams’ Subway Safety Plan (between February 21 and May 20) — representing a five-fold increase compared to the number of individuals who accepted shelter during the first week of the plan.

 

Oyster Bay Residents Charged with $27 Million Investment Fraud Scheme and Selling Foreign Nationals Access to Prominent U.S. Politicians

Defendants Attended 2017 Campaign Fundraiser with Foreign Donors and Took Photographs with Then-President of The United States 

 A criminal complaint was unsealed today in Brooklyn federal court charging Sherry Xue Li and Lianbo Wang with wire fraud conspiracy, money laundering conspiracy and conspiracy to defraud the United States by obstructing the Federal Election Commission’s (FEC) administration of campaign finance laws.  Li and Wang, both naturalized U.S. citizens, were arrested earlier today in Oyster Bay, New York, and their initial appearance is scheduled for this afternoon before United States Magistrate Judge Ramon E. Reyes, Jr. at the United States Courthouse in Brooklyn, New York.

Breon Peace, United States Attorney for the Eastern District of New York; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office; Ricky J. Patel, Acting Special Agent-in-Charge, Department of Homeland Security, Homeland Security Investigations (HSI), New York; and Thomas Fattorusso, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI) announced the arrests and charges.

“As alleged, the defendants enticed their victims to invest in a fraudulent scheme aided by misleadingly claiming that their fictitious project had the support of prominent politicians,” stated United States Attorney Peace.  “The defendants were able to perpetrate this fraud by then selling access to U.S. politicians by unlawfully contributing foreign money to political campaigns in their own names and bringing foreign nationals as their guests to fundraising events.  This Office is committed to protecting our democratic process from those who would expose it to unlawful foreign influence, and investors from the predatory fraudsters who would steal their money.” 

United States Attorney Peace thanked the U.S. Citizenship and Immigration Services for its assistance in the investigation.

"We allege Li and Wang promised investors green cards, access to political figures, and dividends on their money. Tens of millions of dollars came in from investors and straw donors, who expected their money would bear fruit. However, only one promise came to fruition, the access to political power. Foreign money pollutes our immigration and democratic processes, and we must do all we can to protect them," stated FBI Assistant Director-in-Charge Driscoll. 

Li and Wang are alleged to have perpetrated a massive, multi-layered fraud scheme targeting foreign nationals ranging from a sham real estate investment, promised benefits for payment, the solicitation for access to U.S. politicians, to making illegal donations for campaigns.  The staggering scope of this alleged fraud was facilitated by an abuse in the investor visa process,” said HSI New York Acting Special Agent in Charge Patel.  “In tandem with our partners, HSI continues to steadfastly monitor U.S. visa and travel systems for indicators of malign foreign actor abuse and will continue to aggressively investigate attacks on the integrity of the framework that allows access to the United States.”

“It’s alleged that Li and Wang defrauded their victim-investors out of millions, then used their ill-gotten gains to live luxuriously and ‘rub elbows’ with prominent politicians.  It is through law enforcement partnerships and collaboration that we were able to break-down this multi-layered fraud scheme and ensure that the alleged culprits now face justice for their criminal behavior,” said Thomas M. Fattorusso, Special Agent in Charge of IRS:CI New York.

The Scheme to Defraud Investors

As alleged in the complaint, Li and Wang orchestrated a nearly decade-long scheme to defraud investors in a fictitious project to develop, build and operate a private educational institution in Sullivan County, New York, called the “Thompson Education Center” (the TEC Project).  The defendants solicited victim-investors, many of them foreign nationals located outside of the United States, by falsely representing the progress they were making on the TEC Project and its support from government officials, including by sending investors and prospective investors promotional materials that included photographs of Li, the TEC Project’s President, with prominent U.S. politicians.  Many foreign national victims were persuaded to invest in the TEC Project by, among other things, the defendants’ false assurances that their $500,000 investments would guarantee them lawful permanent residence in the United States through the EB-5 investment visa program administered by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). 

As alleged, instead Li, Wang and other members of the conspiracy siphoned off the money they fraudulently obtained from investors by transferring the funds through bank accounts held in the names of various companies that Li had created.  Once the funds were in those accounts, Li and Wang used the funds to pay for numerous personal expenses including clothing and accessories, jewelry, housing, vacation travel, upscale dining, and political contributions to prominent politicians.  The portion of the invested capital Li and Wang actually spent on the TEC Project was used merely to create and perpetuate the fiction that the TEC Project was a viable development project that was actually under construction.  For example, Li and Wang hired contractors, engineers and other professionals to create architectural drawings and plans and perform minor work on or around the development site, which Li and Wang showed to potential investors to mislead them into believing the TEC Project had a realistic probability of completion and of delivering the returns on investment that the conspirators promised their investors.

As of July 2022, more than 150 investors have invested at least $27 million in the TEC Project, including approximately $16.5 million from EB-5 investors who were promised a green card in return for their investment, and approximately $11 million from stock investors who were promised that an IPO would take place.  As of March 2022, Li, Wang, and their co-conspirators have misappropriated and laundered at least $2 million in TEC Project investor funds.  During this same period, Li, Wang and their co-conspirators spent at least an additional $2.5 million dollars in investor funds on various personal expenses with no clear business purpose, none of which was reported as income to the Internal Revenue Service by Li or Wang.  To date, no EB-5 investor in the TEC Project has received a temporary or permanent green card and the TEC Project has not made an IPO or been listed on any stock exchange.

Selling Access to U.S. Politicians

In furtherance of their scheme, Li and Wang also acted as “straw donors” for foreign nationals to unlawfully contribute to campaigns supporting U.S. politicians and political committees.  Among other things, Li and Wang promised foreign nationals access to U.S. political events and politicians in exchange for a fee.  Li and Wang used the money they received from foreign nationals to fund political contributions, and falsely identified themselves and other U.S. citizens as the contributors of the funds, in violation of the Federal Election Campaign Act (FECA) and FEC regulations.  In some cases, Li and Wang used TEC investors’ investment funds to make the political contributions which they used to gain access to the political events, where Li and Wang took photographs with elected officials.  Li and Wang would then use the photographs as a marketing tool in soliciting investments from foreign nationals in the TEC Project.   

For example, as alleged in the complaint, Li and Wang charged twelve foreign nationals $93,000 per person for admission to a June 28, 2017 fundraising event (the June 28, 2017 Fundraiser) with the then-President of the United States.  Li and Wang used the funds that they collected from the foreign nationals to unlawfully make $600,000 in political contributions in their own names—$270,500 from Li and $329,500 from Wang—to the joint fundraising committee hosting the June 28, 2017 Fundraiser.  Li, Wang and their foreign national guests attended the June 28, 2017 Fundraiser and took photographs with the then-President of the United States.  Li and Wang later used a photograph of Li and the President taken at the fundraiser to solicit investment in the TEC Project.

'The FBI has established a hotline for potential victims.  If you have information regarding the allegations in the complaint or believe you may have been a victim, please call 1-800-CALL-FBI or submit a tip online at tips.fbi.gov.

The charges in the complaint are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

State Senator Gustavo Rivera Takes Action on Gun Violence

Last Saturday, July 16, State Senator Gustavo Rivera attended Good Shepherd Services’ B.R.A.G's (Bronx Rises Against Gun Violence) Annual BBQ in Kingsbridge. B.R.A.G. is courageously addressing the gun violence epidemic in my district.

Anti-violence programs help young people make the right choices to keep all of our neighbors safer. Senator Rivera helped deliver $30 million for gun violence prevention programs across New York in this year’s budget, including tens of thousands of dollars for B.R.A.G.  

“The threat of gun violence threatens our families every day. We can’t stand idly by while more and more lives are lost. The time to act is now.” – State Senator Gustavo Rivera.

During the last legislative session, State Senator Gustavo Rivera and his Senate Majority colleagues stood against the gun lobby by passing bills to:

Strengthen Extreme Risk Protection Orders to keep guns out of the hands of individuals who pose a threat to themselves and our public safety (S.9113A) Require a permit to purchase a semi-automatic rifle (S.9458) Close loopholes to crack down on shooting threats made against schools, places of worship, businesses, and other public buildings (S.89B). Require the use of micro-stamping technology to make gun crimes easier to track and investigate (S.4116A) Require social media companies to address threats of violence and hate made on their platforms (S.4511A). Ban the use of all large-capacity magazines (S.9229A) Ban the sale of body armor to civilians (S.9407B) Secured over $200,000 in state funding for gun violence prevention programs in the 33rd Senate District.

NY State Senator Gustavo Rivera | rivera.nysenate.gov

Governor Hochul Urges New Yorkers to Prepare For Extreme Heat Beginning on Tuesday

 

High Heat and Humidity Expected to Impact Most of State from Tuesday to Thursday with Heat Index Values in the High 90s and Low 100s

Governor Hochul Encourages New Yorkers to Visit Regional Cooling Centers, Stay Indoors and Check on Vulnerable Neighbors as Extreme Heat and Humidity Poses a Danger to Everyone, Particularly Elderly Populations and Small Children

 Governor Kathy Hochul today urged New Yorkers across the State to prepare for dangerous heat conditions beginning Tuesday and expected to last through Thursday as a combination of hot temperatures and moderate-to-high humidity levels are expected to cause heat index values in the 90s and potentially the low 100s in certain areas, including the New York City region. 

On Tuesday, the threat of dangerously high heat will be downstate in New York City, Long Island, and the lower Mid-Hudson regions. By Wednesday, most of the state will be blanketed with high heat and humidity with temperatures hovering around 95 degrees. On Thursday, downstate regions will likely experience the most dangerous heat conditions, with heat index values currently expected to break the 100-degree mark. 

"The next several days will bring extreme heat throughout the state with dangerous heat indices potentially reaching into the 100s," Governor Hochul said. "I am urging all New Yorkers to prepare for heat and humidity this week and to keep a close eye on the weather over the next couple of days. As New Yorkers, we take care of one another, so please don't forget to check on neighbors, especially seniors, those with young children, and people with disabilities." 

New Yorkers should monitor local weather forecasts for the most up-to-date information. For a complete listing of weather watches, warnings, advisories and latest forecasts, visit the National Weather Service website. 

The New York State Department of Health also reminds New Yorkers that heat is the number one weather-related killer in the United States. Heat-related deaths and illness are preventable, yet annually many people suffer from the effects of extreme heat. Some individuals are at a higher risk for heat-related illness than others. New Yorkers should learn the risk factors and symptoms of heat-related illness to protect themselves and those they love. 

Symptoms of heat stroke include: 

• Hot, dry, red skin
• A rapid pulse
• Rapid and shallow breathing
• A body temperature higher than 105°
• Loss of alertness, confusion, and/or loss of consciousness.

New Yorkers can learn more, including locations for cooling centers, at the dedicated webpage here.

Agency Preparations 

Department of Public Service 

The New York State Department of Public Service (DPS) will be monitoring electric system conditions and overseeing utility response to any situations that may arise as a result of this week's extreme heat. DPS has been in direct contact with utility leaders to ensure they are preparing their systems for the extreme heat and will be tracking system conditions throughout the event. If necessary, DPS will activate the peak load reduction program for all New York State agencies; the New York Independent System Operator will activate their voluntary Emergency Response Demand Program to curtail load as necessary; and New York's utilities have approximately 5,500 workers available, as necessary, to engage in damage assessment, response, repair, and restoration efforts across New York State, for this heat event. Agency staff will track utilities' work throughout the event and ensure utilities shift appropriate staffing to regions that experience the greatest impact. 

Heat Tips 

Excessive heat is the leading cause of preventable, weather-related deaths each year, particularly among the elderly. According to the Centers for Disease Control and Prevention, heat causes more than 600 preventable deaths in the United States every year. To help New Yorkers stay safe during excessive heat, follow the below guidance: 

Be Prepared 

Taking precautions to avoid heat exhaustion is important, and this includes adjusting your schedule to avoid the outdoors during the hottest hours of the day and modifying your diet and water intake when possible.  

• Reduce strenuous activities and exercises, especially from 11 a.m. to 4 p.m., which are peak sunlight hours.
• Exercise should be conducted early in the morning, before 7 a.m.
• Eat less protein and more fruits and vegetables. Protein produces and increases metabolic heat, which causes water loss. Eat small meals but eat more often. Do not eat salty foods.
• Drink at least two to four glasses of water per hour during extreme heat, even if you do not feel thirsty. Avoid beverages containing alcohol or caffeine.
• If possible, stay out of the sun and stay in air conditioning. The sun heats the inner core of your body, resulting in dehydration. If air conditioning is not available, stay on the lowest floor, out of the sunshine, or go to a public building with air conditioning
• If you must go outdoors, wear sunscreen with a high sun protector factor rating (at least SPF 15) and a hat to protect your face and head.
• When outdoors, wear loose-fitting, lightweight, and light-colored clothing. Cover as much skin as possible to avoid sunburn and over-warming effects of sunlight on your body.
• Never leave children, pets or those who require special care in a parked vehicle, especially during periods of intense summer heat. Temperatures inside a closed vehicle can reach over 140 degrees Fahrenheit quickly. Exposure to such high temperatures can kill within a matter of minutes.
• Try to check on your neighbors during a heat wave, especially if they are elderly, have young children or have disabilities. Make sure there is enough food and water for your pets.
• Prolonged exposure to the heat can be harmful and potentially fatal. Call 911 if you or someone you know shows signs or symptoms of heat illness, including headache, light headedness, muscle cramps, nausea, and vomiting.

Conserve Electricity

Taking smart steps to reduce energy use, particularly during periods of peak demand, not only helps to lower the state's peak load but also saves consumers money when electricity is the most expensive. To reduce energy use, particularly during peak periods, the public is encouraged to take some of the following low- or no-cost energy saving measures:

• Close drapes, windows, and doors on your home's sunny side to reduce solar heat buildup.
• Turn off air conditioners, lights, and other appliances when not at home and use a timer to turn on your air conditioner about a half-hour before arriving home. Use advanced power strips to centrally "turn off" all appliances and save energy.
• Fans can make rooms feel 10 degrees cooler and use 80 percent less energy than air conditioners.
• If purchasing an air conditioner, look for an ENERGY STAR qualified model, which uses up to 25 percent less energy than a standard model.
• Set your air conditioner at 78 degrees or higher to save on your cooling costs.
• Place your air conditioner in a central window, rather than a corner window, to allow for better air movement.
• Consider placing the unit on the north, east or the best-shaded side of your home. Your air conditioner will have to work harder and use more energy if it is exposed to direct sunlight.
• Seal spaces around the air conditioner with caulking to prevent cool air from escaping.
• Clean the cooling and condenser fans plus the coils to keep your air conditioner operating efficiently and check the filter every month and replace as needed.
• Use appliances such as washing machines, dryers, dishwashers and ovens early in the morning or late at night. This will also help reduce humidity and heat in the home.
• Use energy-efficient, ENERGY STAR qualified light bulbs instead of standard incandescent light bulbs, and you can use 75 percent less energy.
• Microwave food when possible. Microwaves use approximately 50 percent less energy than conventional ovens.
• Dry clothes on a clothesline. If using a clothes dryer, remember to clean the dryer's lint trap before every load.
• Be mindful of the different ways you're consuming water throughout your home. Instead of using 30 to 40 gallons of water to take a bath, install a low-flow showerhead, which uses less than 3 gallons a minute.
• Lowering the temperature setting on your wash machine and rinsing in cold water will reduce energy use.
• Additional tips on how to conserve energy is available on NYSERDA's website here.

Water Safety

Boaters should make sure to take proper safety precautions when enjoying the many boating opportunities New York State has to offer. The State Parks Marine Services Bureau reminds boaters to practice safe and responsible boating, including:

• Wear a personal flotation device whenever they are on the water. State law requires that children under age 12 wear a personal flotation device while on a watercraft.
• Complete a safe boating course.
• Properly equip and inspect their vessel.
• Maintain a prudent speed.
• Refrain from mixing alcohol with boating.
• Check the weather before heading out on the water to learn about potential storms and seek immediate shelter on shore if thunder is audible.

New York State Office of Children and Family Services Commissioner Sheila J. Poole said, "Everyone can help prevent hot car deaths, and it's especially urgent with the high temperatures we're experiencing across the state. First and most importantly, never leave a child unattended in a vehicle, even with the windows open partially. And make it a habit to put something you need in the back next to your child's car seat: keys, a purse or briefcase, or your cell phone to help you remember to look before you lock. These two actions can save a child's life."

New York State Health Commissioner Dr. Mary T. Bassett said, "Parents and guardians should never leave a child or a pet alone in a hot car even if the windows are rolled down as temperatures can soar to dangerous levels within minutes. It is important to be aware of the signs and symptoms of heat-related illnesses and take appropriate precautions because children and pets can develop illnesses such as hyperthermia or even die from heatstroke."

Department of Motor Vehicles Commissioner and Governor's Traffic Safety Committee Chair Mark J.F. Schroeder said, "As the temperatures rise across the state, I urge parents, caregivers, and pet owners to make checking the back seat of your vehicle for children and pets as part of your routine. It is easy to get distracted and forget about a child or pet sleeping or sitting quietly in the backseat. Please look before you lock. Cars heat up quickly so leaving a child or pet in a car for even a short time can be extremely dangerous, and when you're not using your car, remember to lock your doors so children are not tempted to climb into the vehicle to play."

People paddling canoes, kayaks and stand-up paddleboards should know their abilities and take precautions when there are high or steady winds creating large waves, or when they are in strong currents. Paddlers in waters where there are motorboats should keep close to shorelines and out of main channels.

You can also find more information about where you can locate a Cooling Center near you and other helpful extreme heat-related advice, by visiting the New York State Department of Health's emergency weather webpage.

For more information about boating safety, including listings of boating safety courses, and marine recreation in New York State, click here.

Summer heat can lead to the formation of ground-level ozone, a major component of photochemical smog. DEC and DOH will issue Air Quality Health Advisories when DEC meteorologists predict levels of pollution, either ozone or fine particulate matter, are expected to exceed an Air Quality Index value of 100. Information about the Air Quality forecast for New York State can be found here.

MAYOR ADAMS CALLS FOR FEDERAL RESOURCES TO ASSIST WITH ARRIVING ASYLUM SEEKERS

 

New York City Mayor Eric Adams today called for federal resources to assist with arriving asylum seekers in New York City, after — over the last several weeks — New York has experienced a sharp increase in asylum seekers from Latin America and other regions, with more than 2,800 individuals entering New York City’s shelter system. New York City is working with the federal government to ensure the city can provide comprehensive support and resources to these individuals. Mayor Adams released the following statement as the situation continues to evolve:

“New York has been and will always be a city of immigrants that welcomes newcomers with open arms. This value has made our city a beacon of freedom for people around the world and the economic and cultural powerhouse that it is. These very same humanitarian values apply to those who are experiencing homelessness. In New York City, we have both a moral — and legal — obligation to house anyone who is experiencing homelessness for any reason. Currently, New York City is experiencing a marked increase in the number of asylum seekers who are arriving from Latin America and other regions. In some instances, families are arriving on buses sent by the Texas and Arizona governments, while in other cases, it appears that individuals are being sent by the federal government. In order to both meet the legal mandate as a right-to-shelter city and provide high-quality shelter and services for those who enter our system, New York City needs additional federal resources immediately. If we do not get these urgently needed resources, we may struggle to provide the proper level of support our clients deserve, while also facing challenges as we serve both a rapidly growing shelter population and new clients who are seeking asylum. We are calling on the federal government to partner with New York City as we help asylum seekers navigate this process, and to provide financial and technical resources.   

“By law, asylum seekers have a right to be in the United States while they seek humanitarian protection. In New York City, we are responsible for the provision of services and infrastructure for newly arrived asylum seekers and currently residing populations alike. We’ve been in discussions with our federal partners on this matter and look forward to a quick resolution.” 

BRONX MAN INDICTED FOR RAPING TWO WOMEN AND SEXUALLY ASSAULTING A THIRD WOMAN IN HIS HOME; ONE VICTIM RESCUED AFTER SEEKING HELP THROUGH FOOD-DELIVERY APP

 

Defendant Met Two of the Victims on Dating Apps

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted on Predatory Sexual Assault, Rape, Criminal Sexual Act and additional charges for attacking three women over the course of six days during separate incidents in his Eastchester apartment.

 District Attorney Clark said, “The defendant is charged in a 23-count indictment with allegedly raping two women and sexually assaulting another during three separate incidents. He allegedly strangled two of the victims. In one of the incidents, a woman was rescued by police after she sent a message to a restaurant on a food-delivery app. We will seek justice for the victims.”

 District Attorney Clark said the defendant, Kemoy Royal, 32, of Pratt Avenue, the Bronx, was arraigned on Predatory Sexual Assault, three counts of first-degree Rape, Attempted Criminal Sexual Act in the first degree, four counts of first-degree Criminal Sexual Act, nine counts of first-degree Sexual Abuse, third-degree Rape, two counts of third-degree Criminal Sexual Act, and second-degree Strangulation, Criminal Obstruction of Breathing or Blood Circulation before Bronx Supreme Court Justice George Villegas. Bail was set at $300,000 cash/$500,000 bond/ $500,000 partially secured bond and the defendant is due back in court on October 11, 2022.

 According to the investigation, on June 13, 2022, the defendant allegedly met with a 27- year-old woman whom he had been speaking to on a dating app for a few days and invited her to his home. The defendant allegedly raped the victim and forced her to perform sexual acts on him. He also performed sexual acts on the victim without her consent.

 According to the investigation, at approximately 7:00 p.m. on June 14, 2022, the defendant met the second victim, a 26-year-old woman, on the street claiming he knew her through a friend. The defendant allegedly lured her to his apartment, refused to let her leave and threatened to kill her. Royal allegedly attempted to force her to perform sexual acts on him. He also allegedly bit her in the chest area and strangled her. The defendant let the victim ago at approximately 2:00 a.m. on June 15, 2022.

 On June 18, 2022, the third victim, a 24-year-old woman, met with the defendant after talking on a dating app with him for a few months. At approximately 10:30 p.m., he and the victim arrived at his home where he allegedly refused to let her leave and threatened to kill her. Royal allegedly strangled the victim and raped her throughout the night, including once at knifepoint. He also allegedly forced her to perform sexual acts on him, and he also performed sexual acts on her without her consent. The defendant allegedly took the victim’s cellphone away when she tried to call police but returned it to her at dawn on June 19, 2022 after she asked to order food. The victim went on a food-delivery app and left a message to a restaurant in Yonkers asking them to call the police and to send them to Royal’s home. The establishment alerted the police, who then responded to the defendant’s home, rescued the victim, and arrested the defendant.

 District Attorney Clark also thanked NYPD Sergeant Tony Chacko, and NYPD Detectives Malik Wright and Carolyn Tully, all of the Bronx Special Victims Squad; and NYPD Officer Maura Delohery of the 47th Precinct for their work in the investigation.

An indictment is an accusatory instrument and not proof of a defendant’s guilt.