NYGOP - CHAIR ED COX: HOCHUL’S BACKWARDS PRIORITIES ON IMMIGRATION CRISIS

 

NYGOP Chair calls for ending "right to shelter," special session for legislature to address ongoing crisis

Kathy Hochul met in Washington yesterday with the Biden Administration regarding New York’s ongoing migrant crisis. In a statement released after the meeting, Kathy Hochul stated that “securing expedited work authorization for asylum seekers and migrants has been and remains my top priority.”

 

NYGOP Chair Ed Cox released the following statement today in response:

 

“Kathy Hochul’s priorities are backwards. She should be in court demanding an end to the 1981 legal settlement that created an automatic ‘right to shelter.’ That agreement never contemplated forcing New York taxpayers to guarantee housing for illegal immigrants and asylum seekers from across the globe. She should also call the legislature back into session to explicitly bar taxpayer funds from supporting that 1981 agreement, while also prohibiting localities from adopting so-called ‘sanctuary city’ status.

 

“Hochul and New York Democrats have explicit policies that encourage migrants to come to our state at taxpayer expense. Enough already!”

 

“Since taking office, the Biden Administration has foolishly encouraged illegal immigration into the U.S. While Hochul and Biden keep fiddling, the problem only gets worse.”

Georgia Owner of Long-Term Care Facilities Pleads Guilty to Attempting to Obstruct IRS

 

Defendant Caused Tax Loss in Excess of $9.5 million

A Georgia man pleaded guilty today to seeking to obstruct the IRS in its efforts to collect employment taxes and related penalties.

According to court documents and statements made in court, from at least 2003, Douglas K. Mittleider of Adairsville, Georgia, operated long-term care facilities throughout the United States and was responsible for paying to the IRS the federal income and Social Security and Medicare taxes withheld from employees’ wages. In June 2004, the IRS assessed against him personally the employment taxes Mittleider had not paid – also known as the Trust Fund Recovery Penalty. Beginning in at least November 2011, Mittleider took multiple steps to conceal business funds and impede the IRS’s ability to collect his outstanding tax liability. Among other things, Mittleider directed the commingling of funds among businesses he controlled and used funds for purposes other than to pay the IRS. Mittleider also caused the creation of new operating companies and bank accounts to make it more difficult for the IRS to locate assets and levy accounts. In total, Mittleider’s conduct caused a tax loss to the IRS of more than $9.5 million.

Mittleider is scheduled to be sentenced on Dec. 4. He faces a maximum penalty of three years in prison, a term of supervised release, monetary penalties, and restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.

IRS-Criminal Investigation is investigating the case.

Statement from Governor Kathy Hochul on Asylum Seekers

 

"I met, for more than two hours, with senior members of the Biden Administration in the West Wing of the White House for a frank and productive conversation about how the federal government can, and must, provide additional support to the people of New York as we work to address the ongoing influx of asylum seekers and migrants. We focused on a number of immediate and tangible actions, including several that would allow more individuals to work legally in the United States, as well as long-term actions to end this crisis. 

“As New Yorkers know, securing expedited work authorization for asylum seekers and migrants has been and remains my top priority. It is the only way to help asylum seekers become self-sustaining, so they can move into permanent housing. I am especially pleased that the federal government has agreed to provide personnel, data, and resources to identify the thousands of individuals in New York who are already eligible, but have not yet applied, for work authorization. 

“This is a critical first step but make no mistake: it is not enough to fully address this crisis or provide the level of support that New Yorkers need and deserve. That is why in the days ahead I will continue working to secure expedited work authorization for even more individuals, expanded financial support for New York, and long-overdue immigration reforms. I am grateful to the White House for agreeing to continue these productive discussions and strengthening the partnership at all levels of government to respond to this crisis.”

Permits Filed For 307 Bruckner Boulevard In Port Morris, The Bronx

 

Permits have been filed for a two-story warehouse at 307 Bruckner Boulevard in Port Morris, The Bronx. Located between East 140th Street and East 141st Street, the lot is two blocks north of the Cypress Avenue subway station, serviced by the 6 train. Caleb Ahles of Sterling Organization is listed as the owner behind the applications.

The proposed 59-foot-tall development will yield 98,612 square feet designated for commercial space. The steel-based structure will have 26 enclosed parking spaces and four loading berths.

Robert Budetti, Jr. of Architects Orange is listed as the architect of record.

Demolition permits were filed earlier this month. An estimated completion date has not been announced.

Maryland Man Pleads Guilty to Issuing Threats of Violence to an LGBTQI+ Advocacy Group

 

A Maryland man pleaded guilty in a U.S. District Court in Baltimore to a federal crime for using a telephone to threaten a group that advocates for LGBTQI+ people. 

According to court documents, on the evening of March 28, the victim organization received a threatening voicemail from Adam Michael Nettina, 34, of West Friendship. The message referenced a mass shooting that had happened the day before at a school in Nashville, Tennessee, involving multiple shooting fatalities, where the perpetrator was a transgender woman. During the call to the advocacy organization on March 28, Nettina made multiple threats, including, “…We’ll cut your throats. We’ll put a bullet in your head….You’re going to kill us?  We’re going to kill you ten times more in full.” 

Nettina admitted to leaving the threatening voicemail and to targeting his victims because of their actual and perceived gender, gender identity and sexual orientation.

“Bias-motivated threats of violence terrorize entire communities and have no place in our society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will not stand by idly when the LGBTQI+ community faces bias-motivated threats of violence. The Justice Department will continue to investigate and prosecute individuals who commit unlawful acts of hate in our country.”

According to court documents, Nettina also admitted to sending messages to state delegates in two prior incidents. On Oct. 15, 2022, Nettina emailed a Virginia state delegate who had advocated, in an interview published two days earlier, for the prevention of abuse towards transgender children. Nettina wrote, in part, “You are a terrorist. You deserve to be shot and hung in the streets. You want to come after people? Let’s go bitch.” On Nov. 8, 2022, Nettina sent Facebook messages to a Maryland state delegate who had previously posted his support for the transgender community. Nettina wrote, in part, “Better watch out[.] Baby killing terrorist. Enjoy hell[.] You’re going sooner than you think.” 

“You have the right to your own opinions, but you don’t have the right to threaten the lives of those who disagree with you,” said U.S. Attorney Erek L. Barron for the District of Maryland. “We’ll continue prosecuting these threats to the fullest extent of the law.”

“The defendant in this case attempted to terrorize the LGBTQI+ community by calling in multiple threats of violence to a local advocacy group,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI will not tolerate these acts of hate, and we remain committed to investigating civil rights violations and keeping our communities safe and free from fear.”

Nettina faces a maximum penalty of five years in prison for interstate communications with a threat to injure. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Baltimore Field Office investigated the case.

As Long-Range Impacts of Hurricane Franklin Reach New York, Governor Hochul Directs State Parks to Suspend Swimming on Long Island Ocean Beaches Facing Dangerous Conditions

 

Beaches at Robert Moses, Hither Hills and Jones Beach State Parks Experiencing Flooding and Rough Surf Conditions

New Yorkers Encouraged to Sign Up for Real-Time Emergency Alerts via NY-Alert to Receive Real-Time Weather and Emergency Alerts During Hurricane Season

 Governor Kathy Hochul today directed State Parks to suspend swimming at Long Island ocean beaches due to flooding and rough surf conditions resulting from Hurricane Franklin.

“As peak hurricane season approaches, the safety of all New Yorkers remains my top priority,” Governor Hochul said. “With tropical storms and hurricanes affecting our beaches on Long Island, we are taking proactive steps to protect New Yorkers, and I urge everyone to remain vigilant.”

The restrictions are expected to be in place at Robert Moses, Hither Hills and Jones Beach State Parks as long as adverse conditions persist. All three ocean beaches experienced significant water levels today, including flooding at the Jones Beach beachfront and unpassable areas at Robert Moses and Hither Hills.

These three State Parks posted red flags on the beachfront to warn visitors that swimming is prohibited. Lifeguards remain on duty to prevent anyone from entering the water. Swimming remains available at Sunken Meadow and Wildwood State Parks on Long Island Sound, which are not experiencing dangerous impacts from the storm. The New York State Office of Parks, Recreation and Historic Preservation will continue monitoring conditions across state parks

New York State Parks Commissioner Erik Kulleseid said, “Even if they are far away, hurricanes and tropical storms are powerful events that cause dangerous and unpredictable conditions at our swimming beaches. We urge all park visitors to take these events seriously and follow all direction of our lifeguards and park staff.”

While the Atlantic hurricane season began in June, the threat of tropical storms impacting New York state is traditionally highest in the months of September and October. The National Oceanic and Atmospheric Administration (NOAA) recently increased its prediction for the 2023 Atlantic hurricane season, shifting from a “near-normal” level of activity to an “above-normal” level of activity. As of August, NOAA forecasters predicted a total of 14-21 named storms during the 2023 Atlantic hurricane season.

TWO QUEENS MEN CHARGED WITH POSSESSING ARSENAL OF ILLEGAL WEAPONS AND STOCKPILE OF AMMUNITION

Queens District Attorney Melinda Katz announced that Christopher Lall and Steve Salamalay were charged with multiple counts of criminal possession of a weapon after search warrants executed at their homes, a storage unit, and Salamalay’s workplace uncovered a dozen illegal firearms, including ghost guns, as well as high-capacity magazines, ammunition and gun manufacturing tools.

District Attorney Katz said: “Illegal firearms cause unspeakable tragedies in our communities. I have prioritized taking guns off the street and will continue to fight the sale and increased manufacture of deadly weapons in Queens. Thanks to the work of my Crime Strategies & Intelligence Bureau, the seized weapons and manufacturing tools can no longer be used to inflict damage. I will continue to be relentless in my pursuit of those who bring guns into this borough.”

Lall, 32, of Hillside Avenue in Jamaica, was arraigned on a 57-count complaint charging him with 14 counts of criminal possession of a weapon in the second degree, 18 counts of criminal possession of a weapon in the third degree, seven counts of criminal possession of a weapon in the fourth degree, six counts of criminal sale of a firearm in the third degree, six counts of criminal possession of a firearm and six counts of criminal possession of ammunition. Judge Stephanie Zaro ordered Lall to return to court Sept. 19. If convicted, he faces up to 15 years in prison.

Salamalay, 30, of 89th Avenue in Jamaica, was arraigned on a 40-count complaint charging him with seven counts of criminal possession of a weapon in the second degree, 15 counts of criminal possession of a weapon in the third degree, six counts of criminal sale of a firearm in the third degree, eight counts of criminal possession of a firearm, three counts of criminal possession of ammunition, and failure to obtain firearms certificates of registration. Judge Zaro ordered Salamalay to return to court Sept. 19. If convicted, he faces up to 15 years in prison.

According to the charges:

• Members of the Queens District Attorney’s office conducted a long-term investigation into the defendants’ purchase of polymer-based, unserialized firearm components, which are easily assembled into operable firearms without serial numbers, making the weapons, commonly referred to as ghost guns, untraceable.
• On August 23, officers from the New York Police Department’s Emergency Services Unit and Major Case Field Intelligence Team, and the Queens District Attorney’s Detective Bureau executed a court-authorized search warrant of Lall’s residence and storage unit, both located on Hillside Avenue in Jamaica, as well as Salamalay’s home in Queens and his workplace in Manhattan.

The following were recovered during the searches:

• 9-millimeter semiautomatic ghost gun pistol, loaded with six rounds of 9-millimeter caliber ammunition
• Two P80 Glock-style 9-millimeter semiautomatic ghost gun firearms
• .38 Special revolver, loaded with six rounds of .38 Special caliber ammunition
• .45 caliber semiautomatic pistol, loaded with 10 rounds of .45 caliber ammunition
• .40 caliber semiautomatic pistol, loaded with nine rounds of .40 caliber ammunition
• .380 caliber semiautomatic pistol, loaded with seven rounds of .380 caliber ammunition
• 56 caliber assault pistol with a threaded barrel and a 30-round detachable box magazine loaded with 30 rounds of 5.56 caliber ammunition
• Glock 19 9-millimitier semiautomatic pistol firearm.
• Taurus 9-millimeter semiautomatic firearm
• Llama 9-millimeter semiautomatic firearm
• Revolver firearm
• Double barrel 12-gauge shotgun
• 18 high-capacity ammunition feeding devices capable of holding more than 10 rounds of ammunition
• 26 ammunition feeding devices capable of holding less than 10 rounds of ammunition.
• 34 firearm magazines capable of holding 10 or fewer rounds of ammunition
• Approximately 1,380 rounds of various caliber ammunition, including 9-millimeter, .38 Special, .45, .40, .380., 5.56 caliber ammunition, and 12-gauge shotgun shells
• Two handheld drill press devices and a sight pusher, used to manufacture or assemble ghost guns

A check conducted of the License and Permit Systems database revealed that neither Lall nor Salamalay hold a license to possess or own firearms in New York City.

Including this takedown, 86 ghost guns have been seized in Queens this year, more than in any other borough.  The Queens District Attorney’s Office’s successful investigations and prosecution of numerous ghost gun manufacturers and traffickers has resulted in Queens leading all of New York City in the total number of ghost gun recoveries since 2021.  In 2022, Queens led the boroughs with 174, or 40%, of the 436 ghost guns recovered citywide.  From 2021 to 2022, total ghost gun recoveries were up 66% citywide.  For 2022, ghost guns comprised 12% of all guns recovered citywide, compared to 4% in 2021, and 3% in 2020.

The investigation was conducted by Assistant District Attorney Attaul Haq, of the District Attorney’s Crime Strategies and Intelligence Bureau, with assistance from Supervising Intelligence Analyst Jennifer Rudy, and Intelligence Analysts Joanna Ceballos, Victoria Filipe, and Erik Hansen, and Trial Prep Assistant Kathryn Isaac, along with members of the District Attorney’s Detective Bureau under the supervision of Sergeant Joseph Oliver and Lieutenant Janet Helgeson, and under the overall supervision of Chief of Detectives Thomas Conforti.

Also taking part in the investigation were NYPD Major Case Field Intelligence Detectives Mike Billotto, Victor Cardona, Paul Molinaro, John Schultz, Christopher Thomas, John Uske and Sergeant Christopher Schmitt, under the supervision of Sergeants Bogdan Tabor and Captain Christian Jara, and under the overall supervision of Inspector Courtney Nilan. 

DEC ANNOUNCES UPDATE TO ‘VALUE OF CARBON’ GUIDANCE TO HELP MEASURE IMPACTS OF GREENHOUSE GAS EMISSIONS

 

Guidance is Used to Help Achieve Targets of Climate Leadership and Community Protection Act Implementation 

 

New Values Added for Sulfur Hexafluoride and HFCs to Inform New York's Actions to Reduce Emissions 

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced an update to the Value of Carbon guidance, a key tool for state actions to reduce climate-altering greenhouse gas emissions and advance the ongoing implementation of the Climate Leadership and Community Protection Act (Climate Act). The guidance updates provide a current and accurate estimate of the cost in dollars of each additional ton of greenhouse gas emissions, as well as helps estimate the benefit of actions taken to reduce emissions to help State agencies make decisions to reduce carbon dioxide and other greenhouse gases. The existing guidance is being updated to specifically add the social costs per ton of sulfur hexafluoride (SF6) and HFC-236fa, which are the highest values compared to other greenhouse gasses per ton due to their long-lasting and high-impact nature.

“Identifying the costs and benefits of reducing harmful greenhouse gas emissions is critical to New York’s robust efforts to address the urgency of the climate crisis,” DEC Commissioner and Climate Action Council Co-Chair Seggos said. “As part of Governor Kathy Hochul’s commitment and leadership in realizing Climate Act targets, DEC will continue to update the ‘Value of Carbon’ metric for State agencies to ensure the best information is available for the planning and implementation of strategies to reduce climate-altering emissions and improve the health, quality of life, and environment for New Yorkers.” 

 

The Value of Carbon guidance establishes a monetary value for the avoided emissions of greenhouse gases; provides an up-to-date review of approaches used by other governments to place a value on emissions; and identifies future areas of work, including the importance of upcoming updates proposed by the federal government. The guidance is different than a regulation and does not propose a carbon price, fee, or compliance obligation. It is a metric that is broadly applicable to all State agencies and authorities to demonstrate the global societal value of actions to reduce greenhouse gas emissions, and the societal costs if action is not taken to reduce climate-altering emissions. 

SF6 is primarily used as an insulating gas in the electricity system and is the most potent greenhouse gas. In addition to adding its societal cost, DEC is currently conducting pre-proposal stakeholder outreach as part of the development of a regulation of its use, as recommended by the Climate Action Council in the Scoping Plan. New York is the first state to provide a social cost per ton of SF6, and the 2023 value of SF6 at the central two percent discount rate is $4.7 million per ton. HFC-236fa is also a potent greenhouse gas with a relatively long atmospheric lifetime. The 2023 value of HFC-236fa at the central two percent discount rate is $1.7 million per ton. DEC has prohibited the use of HFC-236fa as a refrigerant in new HVAC equipment starting January 1, 2024, under state regulation. 

 

The full set of values for 2020-2050, including the newly provided SF6 value and values for other greenhouse gas pollutants, is provided in the guidance Appendix. The Value of Carbon Guidance and supplemental documents are available on DEC's website. 

 

New York State's Nation-Leading Climate Plan 

New York State's nation-leading climate agenda calls for an orderly and just transition that creates family-sustaining jobs, continues to foster a green economy across all sectors and ensures that at least 35%, with a goal of 40%, of the benefits of clean energy investments are directed to disadvantaged communities. Guided by some of the nation’s most aggressive climate and clean energy initiatives, New York is on a path to achieving a zero-emission electricity sector by 2040, including 70% renewable energy generation by 2030, and economywide carbon neutrality by mid-century. A cornerstone of this transition is New York's unprecedented clean energy investments, including more than $35 billion in 120 large-scale renewable and transmission projects across the state, $6.8 billion to reduce building emissions, $3.3 billion to scale up solar, more than $1 billion for clean transportation initiatives, and over $2 billion in NY Green Bank commitments. These and other investments are supporting more than 165,000 jobs in New York’s clean energy sector in 2021 and over 3,000% growth in the distributed solar sector since 2011. To reduce greenhouse gas emissions and improve air quality, New York also adopted zero-emission vehicle regulations, including requiring all new passenger cars and light-duty trucks sold in the State be zero emission by 2035. Partnerships are continuing to advance New York’s climate action with nearly 400 registered and more than 100 certified Climate Smart Communities, nearly 500 Clean Energy Communities, and the State’s largest community air monitoring initiative in 10 disadvantaged communities across the state to help target air pollution and combat climate change.