Tuesday, January 7, 2025

Governor Hochul Announces $101.8 Million Available for Rail and Port Infrastructure Projects Statewide

A construction worker uses a grinder to cut train tracks

Funding Supports Reliability and Resiliency Enhancements to Major Trade Corridors

Applications Accepted through April 7, 2025

Learn More and Apply for Funding on The Department of Transportation Website

Governor Kathy Hochul announced $101.8 million in state funding is available through the Passenger and Freight Rail Assistance Program. This program funds rail and port projects across the state, boosting New York's trade corridors and its position as a global commerce destination, while enhancing safety. Increased use of rail for the movement of people and goods is also good for the environment as it reduces emissions from the transportation sector and helps to achieve greenhouse gas reduction goals established in New York’s landmark Climate Leadership and Community Protection Act of 2019. Funding applications will be accepted through April 7, 2025.

“New York State is committed to investing in our rail network to ensure that the raw materials and products that fuel so much of our economy continue to get where they need to go safely and as efficiently as possible,” Governor Hochul said. “This funding will help us further modernize our rail infrastructure, allowing our local businesses to get the products they need when they need them. I urge anyone with qualifying projects to apply and help us invest in the future economic well-being of our state.”

The Passenger and Freight Rail Assistance Program is administered by the New York State Department of Transportation. Winning projects will be selected through a competitive solicitation process and rated based on established criteria that include a benefit cost analysis, adherence to regional economic development plans, safety enhancements, compatibility with other private and public investments, and actions that enhance resilience and reduce climate risk. Previous awards have funded the purchase of low-emission locomotives and other equipment, track improvements and bridge rehabilitations across the state, including a project to rehabilitate fifteen miles of the Voorheesville Running Track in Albany County; the rehabilitation of a rail bridge over the Delaware River and a project to mitigate congestion and increase capacity along the Fremont Industrial track in Queens.

Eligible project activities include track and bridge rehabilitation; yard, terminal and siding construction; elimination of clearance obstructions; wharf, dock and bulkhead construction and reconstruction; dredging; at-grade crossing railroad crossing resurfacing; material handling equipment storage facilities; wayside detectors and other projects that enhance the safe movement of goods, economic competitiveness and reduce greenhouse gas emissions.

The New York State Department of Transportation (DOT) will be accepting application forms for this funding opportunity through April 7, 2025. Program guidance and application materials may be found on The DOT website. 

Marketers and Healthcare Providers in Texas, Virginia and South Carolina Agree to Pay Over $1.1M to Settle Laboratory Kickback Allegations

 

Two laboratory marketers — Shahram Naghshbandi, of Fort Worth, Texas, and John Bello, of Chesterfield, Virginia; three physicians — Dr. Abbesalom Ghermay, of Plano, Texas; Dr. Daniel Theesfeld, of Longview, Texas; and Dr. James Cook, of Richmond, Virginia; and medical practice owner Troy Belton, of Columbia, South Carolina, and associated entities, have agreed to pay a total of $1,137,914 to resolve False Claims Act allegations they took part in laboratory kickback schemes in violation of the Anti-Kickback Statute. The parties have agreed to cooperate with the Justice Department's investigations of, and litigation against, other participants in the alleged schemes.

“Monetary inducements to healthcare providers undermine the integrity of taxpayer-funded healthcare programs and can improperly influence healthcare providers’ decision-making,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to hold accountable individuals, as well as companies, who disregard their legal obligations and participate in illegal kickback schemes.”

The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.

The Anti-Kickback Statute ascribes liability to parties on both sides of an impermissible kickback arrangement. The settlements announced today resolve allegations that laboratory marketers and their companies paid or conspired to pay kickbacks to doctors, and that doctors and their companies received kickbacks in return for laboratory referrals. The alleged kickbacks resulted in the submission of false or fraudulent laboratory testing claims to Medicare in violation of the False Claims Act.

The Marketer Settlements

The settlements announced today resolve allegations that two marketers paid kickbacks in violation of the Anti-Kickback Statute to induce healthcare providers to make referrals to laboratories in New Jersey, Florida, Virginia and Texas.

Shahram Naghshbandi agreed to pay $400,000 to resolve allegations that he entered into illegal schemes to pay kickbacks to doctors for laboratory referrals. From August 2018 through July 2022, in return for Naghshbandi and his marketing company arranging for and/or recommending that several healthcare providers order laboratory testing from three clinical laboratories in Kenilworth, New Jersey; Dallas, Texas; and Orlando, Florida, these laboratories allegedly paid commissions to Naghshbandi’s marketing company based on reimbursements from the health care providers’ laboratory testing referrals. To induce these healthcare providers to order testing, Naghshbandi allegedly paid them thousands of dollars in kickbacks disguised as investment distributions from purported management service organizations (MSOs). In addition to the monetary settlement, Naghshbandi has been excluded from federal healthcare programs for 10 years.

John Bello and his marketing company, RiteRx4U LLC, agreed to pay $140,000 to resolve allegations that, from February 1, 2019, through February 28, 2021, they paid Dr. James Cook, of Richmond, Virginia, thousands of dollars in kickbacks to induce Dr. Cook to order testing from two clinical laboratories in Kenilworth, New Jersey, and Chester, Virginia. Bello and RiteRx4U allegedly sought to disguise these payments as purported investment returns when they were in fact based on the volume and value of Dr. Cook’s referrals to these laboratories.

The Healthcare Provider Settlements

The settlements announced today also resolve allegations that healthcare providers received kickbacks in violation of the Anti-Kickback Statute in return for making referrals to laboratories in New Jersey, Virginia and Texas.

Dr. Abbesalom Ghermay agreed to pay $228,482 to resolve allegations that, from January 2016 to November 2018, he received thousands of dollars in payments from a purported MSO in return for ordering testing from a laboratory in Houston, Texas.

Dr. James Cook and his medical practice, Family Medical Centers, P.C., agreed to pay $206,987 to resolve allegations that, from February 2019 to February 2021, they received thousands of dollars in payments from marketer RiteRx4U LLC in return for ordering testing from two clinical laboratories in Kenilworth, New Jersey, and Chester, Virginia. Cook and his practice allegedly received thousands of dollars in payments from the marketer that were disguised as purported investment returns but in fact were based on the volume and value of Cook’s testing referrals to the two laboratories.

Dr. Daniel Theesfeld and his medical practice, H8 Pain Management Center of Texas PLLC, agreed to pay $99,125 to resolve allegations that, from April 2017 to September 2018, they received thousands of dollars in payments from a purported MSO in return for ordering testing from a laboratory in Houston, Texas.

Advantage Medical Group, an outpatient clinic in Columbia, South Carolina, and its owner, Troy Belton, agreed to pay $63,320 to resolve allegations that from June 2017 to July 2022, they received thousands of dollars in payments from two purported MSOs in return for ordering testing from three laboratories in Kenilworth, New Jersey; Dallas, Texas; and Denton, Texas.

“Kickbacks can harm taxpayer-funded healthcare programs and improperly influence healthcare providers’ medical decisions,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Patients should always be able to rely on their medical professionals making decisions in the patients’ best interest, and not for any monetary reason. We will continue to pursue all those involved in illegal kickback schemes.”

“Individuals and entities that participate in the federal health care system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients,” said Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue working with law enforcement to investigate parties alleged to have violated the Anti-Kickback Statute.”

The settlements were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Jersey, with assistance from HHS-OIG.

Senior Trial Counsel Christopher Terranova of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Kruti Dharia for the District of New Jersey handled the settlements.

The United States has recovered over $53 million relating to conduct involving MSO kickbacks to health care providers, including False Claims Act settlements with 48 physicians. The government’s pursuit of these matters illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 1-800-HHS-TIPS (800-447-8477).

The claims resolved by the settlements are allegations only. There has been no determination of liability.

MAYOR ADAMS, GOVERNOR HOCHUL, AND REPRESENTATIVE ESPAILLAT UNVEIL WINNING PROPOSAL TO REIMAGINE KINGSBRIDGE ARMORY

 

El Centro Kingsbridge Will Include Event Space, Sports Fields, Cultural, Commercial and Community Spaces in Phase One, Affordable Housing in Phase Two 

Plan Informed by “Together for Kingsbridge Vision Plan,” Backed by $215 Million City, State, and Federal Investment


New York City Mayor Eric Adams, New York Governor Kathy Hochul, U.S. Representative Adriano Espaillat, and New York City Economic Development Corporation (NYCEDC) President and CEO Andrew Kimball today unveiled El Centro Kingsbridge — a new plan for the future of the Kingsbridge Armory — after they kicked off a request for proposal process last summer to redevelop the historic and long-underutilized site and create new economic opportunities in the Bronx. Phase One of the project envisions a vibrant, mixed-use development with a state-of-the-art event venue space, sports fields for local youth academies, cultural and commercial space, over 25,000 square-feet of dedicated community space, an educational facility focused on workforce development, and more. Phase Two includes 450 units of permanently affordable rental housing adjacent to the armory. The redevelopment is expected to generate nearly $2.6 billion in economic impact over the next 30 years, creating over 3,000 construction jobs and 360 permanent jobs.

 

The development team for the project will be led by 8th Regiment Partners LLC selected through a competitive request for proposals for the development rights.

 

“At the Kingsbridge Armory, our administration saw a historic yet underutilized site as an opportunity to dream and deliver a bold, forward-looking vision for the Bronx,” said Mayor Adams, “In just one location, we’re delivering affordable housing for our neighbors, sports fields for our children, community spaces for our families, and so much more. The future of the Bronx rests in the Kingsbridge Armory, a proposal made possible thanks to the partnership of Governor Hochul, Representative Espaillat, and the countless, everyday New Yorkers who made their voices heard. Together, we are building a brighter, better future for the Bronx, starting with the Kingsbridge Armory.”

 

“For decades, Bronx residents have been promised a new Kingsbridge Armory — and we’re partnering with the city to finally get the job done,” said Governor Hochul. “This transformative project will unite communities across the Bronx, provide spaces for recreation and academics, and deliver much-needed affordable housing.”

 

“We are a city where we take on ambitious, generational projects that serve as models for other cities,” said First Deputy Mayor Maria Torres-Springer. “El Centro Kingsbridge follows this principle, as it will bring us cultural space, sports fields, venue space, community facility space, a recreation center, an educational facility, permanently affordable housing, and over 3,000 jobs.”

 

“After a competitive selection process, we are thrilled to announce 8th Regiment Partners as our partner to redevelop the historic Kingsbridge Armory,” said NYCEDC President and CEO Kimball. “8th Regiment Partners’ proposal embraced the community’s vision plan for the Armory and demonstrated through their thoughtful design, programmatic uses, and financial viability that, in partnership with the city and state, they can finally deliver the economic engine and community amenities that the Bronx wants and deserves. I want to thank Governor Hochul, Mayor Adams, Congressmember Espaillat, Bronx Borough President Gibson, and New York City Councilmember Sanchez for their remarkable support, without which this unique public-private partnership would not have been possible.”

 

“We will soon witness a historic transformation of the Kingsbridge Armory and thanks to the collaborative support from Mayor Adams, Governor Hochul, and stakeholders, our city is one step closer to reimagining this visionary project,” said Representative Espaillat. “Congratulations to the winning proposal, led by the 8th Regiment Partners, to develop El Centro Kingsbridge into a vibrant multi-purpose facility and economic engine that all throughout our community can enjoy for many years to come.”

 

“We are pleased by the progress we are making toward reimagining the iconic Kingsbridge Armory into a space that will serve the Kingsbridge community and our entire borough,” said Bronx Borough President Vanessa Gibson. “El Centro Kingsbridge has the potential to boost the economy; increase tourism; invest in workforce development and small businesses; and create community space, recreational space, and opportunities for education and emerging markets. We are proud to have invested $2 million into the Kingsbridge Armory and appreciate the leadership and support of Governor Kathy Hochul, Mayor Eric Adams, the New York City Economic Development Corporation, ‘Together for Kingsbridge’ Co-Chairs Councilmember Pierina Sanchez and Sandra Lobo, and coalition members. We look forward to reimagining the Kingsbridge Armory and fulfilling the community vision that ‘Together for Kingsbridge’ has worked so hard to achieve. Together, we will work towards our common goals and priorities that serve to uplift our Kingsbridge community and our borough.”

 

“As a daughter of Kingsbridge, I know firsthand the Kingsbridge Armory represents the vast potential of our community,” said New York City Councilmember Pierina Sanchez, and co-chair, “Together for Kingsbridge” Community Visioning Process. “As this project enters its next stage, I remain committed to the guiding principles set forth in the ‘Together for Kingsbridge Vision Plan”: to prioritize our youth, uplift older adults, foster intergenerational relationships, create jobs and wealth for local workers, grow a regenerative, Bronx-centered economy, and maximize community ownership. Over nine months, we successfully engaged more than 4,000 community members through 20 community events and 900 survey responses — culminating in the creation of the vision plan. With our community’s priorities as the North Star, I look forward to a close review of the selected proposal. We must ensure that the redevelopment of this great structure is both transformative and equitable for generations to come.”

 

The project is backed by a $200 million investment by Mayor Adams and Governor Hochul, $2 million from Borough President Gibson, $12 million from Councilmember Sanchez, and a $1.05 million grant from the U.S. Department of Housing and Urban Development with the support of Representative Espaillat. The construction will be executed under a project labor agreement, ensuring fair wages and benefits for construction workers. 8th Regiment Partners’ proposal was selected after a rigorous request for proposal process that was informed by a nine-month public engagement process with over 4,000 community members, which produced the “Together for Kingsbridge Vision Plan.” The environmental review is expected to begin this winter, and the uniform land use review procedure is anticipated to commence in mid-2025.

 

 

Kingsbridge Vision

 

Renderings of the Redeveloped Kingsbridge Armory. Credit: FXCollaborative

 

Through a collaborative effort, led by NYCEDC, the public-engagement process gathered feedback from over 4,000 participants and included over 950 survey responses, nine Community Board meetings, 16 small group discussions, and conversations with approximately 75 additional stakeholders across various industries. Participants included local elected officials, as well as representatives from community-based organizations, nearby schools and colleges, health care providers, merchant associations, and labor.

 

The development team put forth a two-part proposal with a diversity of uses designed to serve both the local community and the broader region. Their proposal’s programming is centered around the 180,000 square foot column-free Drill Hall within the Armory, delivering on the community’s vision for a series of cultural, commercial, and community spaces. The development team will lead the design and construction stages of the project, as well as the operation of the renovated Armory.

 

Mayor Adams’ vision for the redevelopment of the Kingsbridge Armory builds on core goals in his “Rebuild, Renew, Reinvent: A Blueprint for New York City’s Economic Recovery” and “Housing Our Neighbors: A Blueprint for Housing and Homelessness,” including leveraging neighborhood infrastructure investments to catalyze equitable community development and creating housing opportunities in neighborhoods with strong access to jobs, transit, schools, parks, and other amenities. It also builds on the administration’s track record of advancing generational projects to build and reinvent neighborhoods in all five boroughs, including the South Brooklyn Marine TerminalSPARC Kips Bay in Manhattan, the Willets Point Transformation in Queens, the Staten Island North Shore Action Plan, and more.

 

“We are excited for this opportunity to work with all of our government partners to transform this incredible, landmarked space into a thriving center of economic activity for the community, the borough, and the City of New York,” said Gabriella Madruga, principal, Maddd Equities on behalf of 8th Regiment Partners. “This is a wonderful example of a public-private partnership that will revitalize one of the most unique and historical buildings in New York. We are humbled to be the stewards of a property and a project that will leverage New York’s rich historical past to create an exciting and dynamic future.”

 

NYS Office of the Comptroller DiNapoli Urges New Yorkers to Spend Holiday Gift Cards

 

Office of the New York State Comptroller News

Over $21 Million in Unused Gift Cards Recovered by DiNapoli’s Office in 2024

New York State Comptroller Thomas P. DiNapoli is urging New Yorkers to keep track of gift cards received during the holidays. When gift cards aren’t used for five years, their balances may be turned over by retailers to the Comptroller’s Office of Unclaimed Funds (OUF). In 2024, the office recovered over $21 million from gift cards, more than three times the amount received in 2014 ($5.8 million). New Yorkers are encouraged to spend holiday gift cards early this new year and remember to check for unclaimed funds.

“Tis the season of giving, not losing, so please spend those gift cards and check to see if you have unclaimed funds,” DiNapoli said. “Many New Yorkers don’t realize gift cards may have their balances transferred to the Office of Unclaimed Funds after five years of inactivity. Last year, we recovered over $21 million worth of lost money from unspent gift cards.”

Statewide, New York City residents are owed the most in unclaimed funds stemming from gift cards, cumulatively totaling nearly $48 million, followed by Long Island residents at $11.4 million and Hudson Valley residents at $7.8 million.

Gift Cards

DiNapoli’s office returns an average of $1.5 million in unclaimed funds every business day and works with retailers to identify the owners of unused gift cards. Retailers can provide OUF with a name if the person registers the gift card online, if they have been issued a refund, or if the card was purchased with an existing store account. If the owner’s information is not known to a New York retailer, it will report the card details, such as card number and balance, which can be used by the gift card owner to claim the balance from OUF.

OUF will begin returning some money more quickly in 2025 due to legislation just signed into law. Certain newly acquired unclaimed funds of $250 or less may be returned to their rightful owners without requiring them to fill out a claim form. If OUF can confirm the identity and mailing address of an entitled owner, those payments will be mailed by check directly to them. If gift cards are registered with retailers before they are turned over to OUF, returns could be expedited.

DiNapoli reminds gift card recipients to read the fine print on the card for details about any fees and expiration dates and to register the card with the retailer.

The Comptroller’s office has more than $19 billion in unclaimed funds.

Associate Of Miles Guo, Yvette Wang, Sentenced To 10 Years In Prison For Her Role In An Over $1 Billion Dollar Fraud Conspiracy

 

Daniel M. Gitner, Attorney for the United States, Acting under Authority Conferred by 28 U.S.C. § 515, announced that YVETTE WANG, a/k/a “Yanping,” was sentenced by U.S. District Judge Analisa Torres to 10 years in prison for conspiracy to commit wire fraud and conspiracy to commit money laundering in connection with her managerial role in a sprawling and complex scheme WANG and her co-conspirator, Miles Guo, orchestrated in order to fraudulently solicit investments from thousands of Miles Guo’s online followers in various entities and programs.  As part of that scheme, WANG and Guo made false representations to induce victims to invest money in various entities WANG and/or her co-conspirators controlled, including GTV Media Group, Inc. (“GTV”), the Himalaya Farm Alliance, G Club Operations, LLC (“G|CLUBS”), and the Himalaya Exchange.  And then WANG and her co-conspirators spent their victims’ money on themselves, purchasing luxurious items such as million-dollar sports cars and a New Jersey mansion.

Attorney for the United States Daniel M. Gitner said: “Yvette Wang worked with Miles Guo to defraud thousands of victims out of more than $1 billion.  This sentence is a reminder that there will be serious consequences for this conduct, and that this Office will tirelessly in its work to detect, prosecute, and punish fraud.”

According to the charging documents, public court filings, statements made in court, and evidence admitted at Miles Guo’s trial:

From at least in or about 2018 through at least in or about March 2023, WANG and others conspired to defraud thousands of victims of more than approximately $1.4 billion.  Miles Guo was the leader of this complex conspiracy.  WANG was Guo’s “Chief of Staff.” In that capacity, WANG played a managerial role in a variety of entities that the Government has alleged were part of the “G Enterprise” – a series of interrelated entities and companies that were used by WANG and her co-conspirators to carry out this billion-dollar fraud scheme.  Through her work in the G Enterprise, and as WANG well knew, WANG directed the expenditure of fraud proceeds on luxury items for herself, Miles Guo’s family, and others.

WANG and her co-conspirators’ fraud relied on several interrelated operations:  the Rule of Law Charities, GTV Private Placement, the Farm Loan Program, G|CLUBS, the Himalaya Exchange, and A10.

Between on or about April 20, 2020, and on or about June 2, 2020, approximately $452 million worth of purported GTV common stock was sold to more than 5,500 investors.  Investors participated in the GTV Private Placement based, in part, on the belief that their money would be invested into GTV to develop and grow that business. In early June 2020, as WANG and her co-conspirators agreed, WANG transferred $100 million of funds raised from the GTV Private Placement into a high-risk hedge fund for the benefit of GTV’s parent company and its ultimate beneficial owner, Guo’s son.

On or about July 22, 2020, in a video distributed via social media, WANG’s co-conspirator promoted the Farm Loan Program, which was a purported opportunity to obtain stock in GTV in exchange for a loan.  However, no stock was ever provided, and WANG and her co-conspirators misappropriated funds that were raised through the Farm Loan Program. For example, approximately $2.3 million was used to cover maintenance expenses associated with an approximately 145-foot luxury yacht worth approximately $37 million.

From at least in or about October 2020 through at least in or about March 2023, WANG and her co-conspirators fraudulently obtained more than approximately $250 million in victim funds through G|CLUBS.  G|CLUBS claimed on its website to be “an exclusive, high-end membership program offering a full spectrum of services” and “a gateway to carefully curated world-class products, services and experiences.”  WANG was the de facto CEO of G|CLUBS, and as she well knew, G|CLUBS did not provide anything other than superficial services to its members.  Moreover, on the basis of Guo’s statements in online videos, victims sent money to G|CLUBS expecting to receive stock in GTV, G|Fashion, or other entities.  But, as WANG well knew, victims never received stock and instead G|CLUBS funds were used—often at WANG’s direction—to purchase, among other things, a 50,000 square foot New Jersey mansion; various furniture and decorative items including, among other items, Chinese and Persian rugs worth approximately $978,000, a $62,000 television, and a $53,000 fireplace log cradle holder; a $900,000 Lamborghini, and a custom-built Bugatti sports car for approximately $4.4 million.

On or about November 1, 2021, WANG’s co-conspirators introduced purported cryptocurrencies called the Himalaya coin and the Himalaya dollar through a fraudulent cryptocurrency exchange called the Himalaya Exchange.  These purported cryptocurrencies were fraudulent and designed so that the conspiracy could collect additional money from victims.  On or about September 20, 2022, and September 21, 2022, U.S. authorities served judicially-authorized seizure warrants on several domestic banks and subsequently seized approximately $335 million of proceeds from bank accounts held in the names of Himalaya Exchange entities and other entities associated with WANG and her co-conspirators.        

Wang was arrested on March 15, 2023, at which time FBI agents located $130,000 of cash in a safe in her apartment.

In connection with the sentencing, Judge Torres said that Wang was an “integral part of the conspiracy and knew what she was doing was illegal.”

In addition to the prison term, WANG, 45, of New York, New York, was sentenced to three years of supervised release concurrently on each count. WANG also agreed to pay forfeiture in the amount of $1.4 billion. 

Guo was convicted at trial on July 16, 2024. Guo’s sentencing date is pending.

Mr. Gitner praised the outstanding investigative work of the Federal Bureau of Investigation.

Attorney General James and New Jersey Attorney General Platkin Announce Second Settlement Stopping No-Poach Agreements in Building Services Industry


Planned Building Services Will End No-Poach Agreements That Suppress Wages and Limit Competition

New York Attorney General Letitia James and New Jersey Attorney General Matthew Platkin announced a settlement with Planned Building Services, Inc. and its related companies (Planned) for using illegal no-poach agreements that can lower employees’ wages, reduce competition, and restrict employees’ job options by preventing competitors from hiring them. A joint investigation initiated by the attorneys general and later joined by the Federal Trade Commission (FTC) found that Planned, one of the largest building services contractors in the tri-state area, entered into and enforced no-poach agreements. Planned is the second building services company to recently stop its use of no-poach agreements following the attorneys general’s settlement with Guardian Service Industries. As a result of the settlement, Planned will cancel any existing no-poach agreements and is barred from entering into new ones. Planned will also cooperate with the attorneys general in any ongoing investigation they may conduct in the building services industry.

“The people who keep our apartment and office buildings running do essential work every day,” said Attorney General James. “No poach agreements prevent workers from reaching their full potential by making it harder to find new jobs with better pay and benefits. Planned’s use of these illegal provisions in their employees’ contracts stifled their careers, but now we are putting a stop to them. I will continue to enforce the law to protect workers’ rights, and I thank Attorney General Platkin and our partners at the FTC for their collaboration on this investigation.”

“No-poach agreements unfairly restrict workers’ ability to advance their careers, limiting access to better job opportunities, higher wages, and improved benefits,” said Attorney General Platkin. “These unlawful practices undermine workers’ bargaining power, stifling their earning potential and professional growth. Now more than ever, I remain steadfast in my commitment to fight for workers and put an end to these unjust conditions.”

Planned provides staff for residential and commercial buildings in 13 different states, including New York and New Jersey. Planned employees provide a variety of services, including concierge, security, maintenance, and cleaning. An investigation by the Office of the Attorney General (OAG), the Office of the New Jersey Attorney General, and the FTC revealed that Planned entered into and enforced no-poach agreements with the buildings they operated in. These agreements effectively reduced employees’ career opportunities and wages by deterring Planned’s clients from hiring them.

The settlement ends Planned’s no-poach agreements and prevents them from using similar agreements in the future. Planned must also notify the attorneys general if a competitor attempts to enforce or enter into a no-poach agreement at any point in the next ten years. In addition, Planned must certify to the attorneys general that they are complying with the settlement each year for the next ten years.

Monday, January 6, 2025

Governor Hochul Commutes on Metro-North to New York City and Highlights State of the State Proposal to Improve Hudson Valley Rail Service

Governor Hochul commutes on Metro North to New York City

Today, Governor Kathy Hochul commuted on Metro-North from Hastings-on-Hudson to New York City and highlighted her State of the State proposal to improve rail service for Hudson Valley commuters. 
You Tube link of Governor Hochul. 

 

Governor Hochul Urges New Yorkers to Take Precautions as Extreme Cold Expected to Impact State This Week

A thermometer shows a below zero Fahrenheit reading in the snow.

Dangerously Cold Overnight Temperatures Across the State Through Thursday

North Country “Feels-Like” Temperatures Likely To Be -30 to -20º

Mohawk Valley, Capital Region, Central New York, Western New York, Finger Lakes and Southern Tier Can Expect “Feels-Like” Temperatures of -20 to 0º

New York City and Long Island Will Experience

“Feels-Like” Temperatures of 1 to 14º

Scattered Snow Showers With Wind Gusts Between 40 – 45 mph Possible This Week in North Country and Central New York Regions

Increased Risk of Frostbite and Hypothermia Will Occur With Prolonged Exposure to Cold Temperatures

Governor Kathy Hochul today urged New Yorkers to take precautions as extreme cold temperatures and gusty winds this week will bring an increased risk of frostbite and hypothermia. Very cold overnight temperatures can be expected across the state through Thursday with the coldest temperatures expected in the North Country. Overnight “feels like” temperatures of -30 to -20ºF are likely in the North Country with the Mohawk Valley, Capital Region, Central New York, Western New York, Finger Lakes and Southern Tier Regions expecting “feels-like” temperatures of -20F to 0ºF. New York City and Long Island Will experience “feels-like” temperatures of 1 to 14º.

“As extreme cold temperatures move into our state over the coming days, I encourage New Yorkers to take precautions to keep themselves and their families safe,” Governor Hochul said. “These conditions pose an extraordinary risk to anyone who is exposed to the elements or is unable to adequately heat their home, and my administration is mobilizing State resources to help respond as needed.”

For most of the state, minimum temperatures normally range between 8 to 20ºF for this time of year, while the Adirondacks typically see temperatures slightly lower, ranging between 4 to 10ºF and the coastal regions generally experiencing slightly warmer temperatures ranging between 18 to 26ºF.

Winter Weather Advisories remain in effect for parts of the North Country through Wednesday. Gusty winds could cause periods of blowing snow, low visibility and some power outages. Scattered snow showers are possible throughout the week in parts of the North Country, Central New York and Western New York Regions. A widespread 1-3 inches of snow is expected with highest accumulations in Central New York and the North Country where snowfall totals of up to ten inches are possible and higher accumulations possible in Western New York. Blustery, cold conditions combined with snowfall will increase the risk of blowing snow on roadways. Another winter storm is expected to pass near New York State this weekend with the potential to bring snow, gusty winds and some rain to portions of the state, mainly on Saturday.

For a complete listing of weather alerts, visit the National Weather Service website at alerts.weather.gov. New Yorkers are also encouraged to sign up for emergency alerts by subscribing to “NY-Alert” at alert.ny.gov, a free service providing critical emergency information to your cell phone or computer.

Home Energy Assistance Program
The Home Energy Assistance Program (HEAP) can provide up to $996 in heating assistance to eligible households. HEAP benefits are also available to eligible homeowners and renters depending on their income levels, household size and how they heat their homes. A family of four may have a maximum gross monthly income of $6,390 — or an annual gross income of $76,681 — and still qualify for benefits.

Eligible households can receive one Regular HEAP benefit per season and could also be eligible for up to two Emergency HEAP benefits if they are in danger of running out of heating fuel or having their utility service shut off. New Yorkers can apply at ny.gov/heat. Applications for assistance are also accepted at local departments of social services and can be submitted through the mail or in person. Additionally, older adults needing assistance with HEAP applications can contact their local office for the aging or contact the NY Connects helpline at 1-800-342-9871. Residents can apply for Emergency HEAP benefits by contacting their local HEAP contact.

Code Blue
Under state regulation, a Code Blue is automatically in effect whenever the temperature and wind chill equals less than 32 degrees. Local social services districts are legally required to take necessary steps to ensure those experiencing homelessness have access to shelter and that shelter hours are extended.

Warming Centers

Warming centers will be available in communities as needed and individuals are urged to contact their local governments to find one near them.

Avoiding Frostbite and Hypothermia

The New York State Department of Health advises New Yorkers to prevent serious injury and dangerous health complications that can result from colder weather and winter activities. Cold Weather tips from the Department of Health can be found here; additional tips for preventing frostbite and hypothermia can be found here; information on Carbon Monoxide poisoning can be found here; information on the proper use of generators can be found here; safe winter driving tips can be found here.

Working in the Cold

The New York State Department of Labor advises workers and employers to engage in extreme cold weather best practices such as:

  • Limit outdoor work, provide frequent breaks in warm areas and schedule outdoor work during the warmest times of the day.
  • Ensure access to clean drinking water.
  • Stay hydrated with warm beverages and avoid drinking caffeine.
  • Wear proper PPE, including at least three layers of clothing, gloves or mittens, thick socks, insulated footwear and a hat, hood or hard hat liner.

More Information on best practices for working in cold weather can be found here.

Agency Activities

New York State Division of Homeland Security and Emergency Services
The Division’s Office of Emergency Management is in contact with their local counterparts statewide and is prepared to facilitate requests for assistance. State stockpiles are staffed and ready to deploy emergency response assets and supplies as needed. The State Watch Center is monitoring the storm track and statewide impacts closely.

New York State Department of Public Service
New York's utilities have approximately 5,500 workers available statewide to engage in damage assessment, response, repair and restoration efforts across New York State. Agency staff will track utilities' work and ensure utilities shift appropriate staffing to regions that experience the greatest impact.

New York State Department of Environmental Conservation
DEC Emergency Management staff, Environmental Conservation Police Officers, Forest Rangers and regional staff remain on alert and continue to monitor the developing situation and weather forecasts. Working with partner agencies, DEC is prepared to coordinate resource deployment of all available assets, including sawyers and first responders, to targeted areas in preparation for potential impacts due to snow and high winds.

DEC reminds those responsible for the removal and disposal of snow to follow best management practices to help prevent flooding and reduce the potential for pollutants like salt, sand, oils, trash and other debris from affecting water quality. Disposal of snow in local creeks and streams can create ice dams, which may cause flooding. Public and private snow removal operators should be aware of these safety issues during and after winter storms. Additional information is available at Division of Water Technical and Operational Guidance Series: Snow Disposal.

Unpredictable winter weather and storms in the Adirondacks, Catskills and other backcountry areas can create unexpectedly hazardous conditions. Visitors should be prepared with proper clothing and equipment for snow, ice and cold to ensure a safe winter experience. Snow depths range greatly throughout the Adirondacks, with the deepest snow at higher elevations in the High Peaks region and other mountains over 3,000 feet. Lower elevation trails have mixed conditions of snow, ice, slush and mud including many trails in the Catskill Mountains where the potential for icy trail conditions exists.

While there is ice present on some waterways, DEC advises outdoor enthusiasts to review ice safety guidelines before heading out.

Hikers are advised to temporarily avoid all high-elevation trails and trails that cross rivers and streams. Hikers in the Adirondacks are encouraged to check the Adirondack Backcountry Information webpages for updates on trail conditions, seasonal road closures and general recreation information.

Backcountry visitors should Hike Smart and follow proper safety guidelines. Plan trips accordingly. In an emergency, call 9-1-1. To request Forest Ranger assistance, call 1-833-NYS-RANGERS.

Office of Parks, Recreation and Historic Preservation
New York State Park Police and park personnel are on alert and closely monitoring weather conditions and impacts. Park visitors should check parks.ny.gov or call their local park office for the latest updates regarding park hours, openings and closings.