State Comptroller Thomas P. DiNapoli - Fighting for Working New Yorkers

 

Throughout the past year, Comptroller DiNapoli traveled the state speaking to public employee unions and other organized labor groups providing updates on the economy, the retirement system and policy issues that impact working New Yorkers. The Comptroller also issued important findings through reports and audits.

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Homeless Population Doubles in New York

Homelessness in New York State has grown sharply, more than doubling between January 2022 and January 2024, according to a report by Comptroller DiNapoli. Homelessness grew by 53.1% from January 2023 to January 2024, more than four times the rest of the nation. The large spike was driven by New York City and the influx of asylum seekers, but the rest of the state also had double- and triple-digit rate increases, led by Glens Falls, Saratoga and the surrounding counties.

The number of homeless children increased from 20,299 in 2022 to 50,773 in 2024. Almost one in three of New York’s homeless are children, one of the highest shares in the nation.

“New York has long had a housing affordability crisis, and more families are running out of options and ending up on the street or in shelters,” DiNapoli said. “Many of the tens of thousands of asylum seekers that came to New York had no place to stay and drove up spending and a large portion of the growth of the homeless population. But let’s be clear, this isn’t just a New York City problem, it is impacting communities all over the state. New York needs to examine how it’s using current housing resources while taking more action to address this urgent situation.”

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22 School Districts Designated in Fiscal Stress

Twenty-two school districts were designated in some level of fiscal stress under Comptroller DiNapoli’s Fiscal Stress Monitoring System for the school year ending June 30, 2024, up from 16 districts in fiscal stress the prior year. The low number of districts with stress designations largely reflects recent increases in state and federal aid.

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Disgraced Top Officials at School for At-Risk Students Arraigned on Public Corruption Charges

Comptroller DiNapoli and Westchester County District Attorney Susan Cacace announced that two former officials at the Greenburgh-Graham Union Free School District, which serves at-risk students from kindergarten to 12th grade, were arraigned on an indictment charging them with multiple public corruption offenses.

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Comptroller DiNapoli, Erie County DA Keane and Erie County Sheriff Garcia Announce Former Deputy Clerk Sentenced for Stealing More Than $320,000

The former Deputy Erie County Clerk was sentenced to 1 1/3 to 4 years in state prison and ordered to pay full restitution after pleading guilty to stealing over $320,000 in county funds, Comptroller DiNapoli, Erie County District Attorney Michael J. Keane, and Erie County Sheriff John C. Garcia announced.

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Comptroller DiNapoli's Statement on the Governor's 2025 Executive Budget

“The Executive Budget proposal put forth today by Governor Hochul comes at a time of continued economic growth and improving revenues. State Operating spending is projected to grow by 7.9%, which is above the rate of inflation. I’m particularly concerned about the out-year budget gaps of $23.2 billion for the next three fiscal years, even as the Governor proposes to extend the personal income tax surcharge on high earners," DiNapoli said.

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Municipal & School Audits

• Village of Earlville
• Town of Middlebury
• Genesee County
• Wayland-Cohocton Central School District
• Town of Warsaw

ALSO IN THE NEWS THIS WEEK

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• DiNapoli: Homeless population doubles in New York state
  
  
• Comptroller’s report shows homelessness in NY more than doubles in two years
  
  
• 2 NY school officials allegedly blew $50K in funds meant for at-risk students on luxury handbags, jewelry, private school fees
  
  
• How One Retiree Is Helping Others Tap Into NY’s Fund House

Post of the Week
Thomas P. DiNapoli

US Senate Confirms Kristi Noem as Secretary of the Department of Homeland Security in Sweeping Bi-Partisan Vote

 

The United States Senate voted overwhelmingly to confirm Kristi Noem as the 8th Secretary of the Department of Homeland Security in a vote of 59- 34.

A statement from Secretary Noem on her confirmation is below: 

“As the Secretary of the Department of Homeland Security, I will work every day to keep all Americans safe and secure. One of my top priorities is achieving President Trump’s mandate from the American people to secure our southern border and fix our broken immigration system. 

“The Trump Administration will once-again empower our brave men and women in law enforcement to do their jobs and remove criminal aliens and illegal gangs from our country. We will fully equip our intelligence and law enforcement to detect and prevent terror threats and will deliver rapid assistance and disaster relief to Americans in crisis. 

“I thank President Trump and the US Senate for their trust in me. Together, we will ensure that the United States, once again, is a beacon of freedom, safety, and security for generations to come.” 

Prior to her confirmation as Secretary of the Department of Homeland Security, Secretary Noem served as South Dakota’s 33rd Governor and first ever female governor.  A rancher, farmer, and small business owner, Noem served in the South Dakota legislature for years and was later elected to serve as South Dakota's sole member of the U.S. House of Representatives. 

Pfizer Agrees to Pay Nearly 60M to Resolve False Claims Allegations Relating to Improper Physician Payments by Subsidiary

 

Pharmaceutical company Pfizer Inc. (Pfizer), on behalf of its wholly-owned subsidiary Biohaven Pharmaceutical Holding Company Ltd. (Biohaven), has agreed to pay $59,746,277 to resolve allegations that, prior to Pfizer’s acquisition of the company, Biohaven knowingly caused the submission of false claims to Medicare and other federal health care programs by paying kickbacks to health care providers to induce prescriptions of Biohaven’s drug Nurtec ODT.

“Through this settlement and others, the government has demonstrated its commitment to ensuring that drug companies do not use kickbacks to influence physician prescribing,” said Acting Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The department will use every tool at its disposal to prevent pharmaceutical manufacturers from undermining the objectivity of treatment decisions by health care providers.”

The anti‑kickback statute prohibits offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal health care programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.

The settlement announced resolves allegations that from March 1, 2020, through Sept. 30, 2022, Biohaven paid improper remuneration, including in the form of speaker honoraria and meals at high end restaurants, to health care professionals to induce them to prescribe the migraine medication Nurtec ODT in violation of the anti-kickback statute. The United States alleged that Biohaven selected certain health care providers to be part of the Nurtec speaker bureau and provided them paid speaking opportunities with the intent that the speaker honoraria and meals would induce them to prescribe Nurtec ODT. The government further alleged that certain prescribers who attended multiple programs on the same topic received no educational benefit from attending repeat programs and that certain Biohaven speaker programs were attended by individuals with no educational need to attend, such as the speakers’ spouses, family members, or friends, or colleagues from the speakers’ own medical practice. The United States contends that this conduct persisted until October 2022, when Pfizer acquired Biohaven and terminated the Nurtec speaker programs.    

“Patients deserve to know that their doctor is prescribing medications based on their doctor’s medical judgment, and not as a result of financial incentives from pharmaceutical companies,” said U.S. Attorney Trini E. Ross for the Western District of New York. “This settlement reflects our commitment to hold those who violate the laws accountable, regardless of their status or prestige.”

“Violations of the anti-kickback statute, such as those alleged in this settlement, can unduly influence prescribers and negatively impact taxpayer-funded health care,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to collaborate with law enforcement partners to ensure that providers and corporations are held accountable if they attempt to bypass laws meant to protect the integrity of federal health care programs.”

“Investigating schemes that undermine the integrity of TRICARE, the health care system for military members and their families, is a top priority for the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Today’s announcement demonstrates our commitment to work with our partner agencies and the Department of Justice to pursue corporations that attempt to corrupt the TRICARE system.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Patrica Frattasio, a former sales representative at Biohaven. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Patricia Frattasio v. Biohaven Pharmaceutical Holding Company Ltd., No. 6:21-CV-06539 (W.D.N.Y.). Approximately $50.2 million of the settlement constitutes the federal portion of the recovery and approximately $9.5 million constitutes a recovery for State Medicaid programs. Ms. Frattasio will receive approximately $8.4 million as her share of the federal recovery in this case.   

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch Fraud Section, and the U.S. Attorney’s Office for the Western District of New York.

Trial Attorney Jessica Sarkis of the Justice Department’s Civil Division and Assistant U.S. Attorney David M. Coriell for the Western District of New York handled the matter.

The investigation and resolution of this matter 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 the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The claims resolved by the settlement are allegations only and there has been no determination of liability.

Governor Hochul Announces Expansion of the Suffolk Crime Analysis Center

State's Investment Triples the Center’s Size and Doubles the Number of Professionals Who Provide Investigative Support to Local Law Enforcement Agencies

Suffolk Crime Analysis Center is One of 11 in the State’s Nationally Recognized, One-of-a-Kind Crime Analysis Center Network

Long Island Records Fewest Shooting Incidents on Record With 44 Shooting Incidents With Injury Reported Last Year

Governor Kathy Hochul announced the expansion of the Suffolk Crime Analysis Center, one of 11 in the nationally recognized, one-of-a-kind network funded and supported by the State Division of Criminal Justice Services in partnership with local law enforcement agencies statewide. New York State invested nearly $1 million to triple the center’s size and double the number of professionals who respond to requests for assistance and provide investigative support that helps local law enforcement agencies solve, prevent and reduce crime. Preliminary data show 44 shooting incidents with injury reported last year by the Suffolk County, Nassau County, and Hempstead police departments, the fewest on record since 2006, when the three departments began reporting this data to the State. Meanwhile, preliminary data from January through September 2024, the most recent available, showed a 7 percent reduction in reported crime on Long Island when compared to the same nine-month period in 2023.

“Public safety is my number one priority — and this expansion enables law enforcement to share intelligence, analysis and support to identify hotspots and crime patterns that help them work smarter,” Governor Hochul said. “The intelligence-sharing and coordination facilitated by these centers allows law enforcement agencies across the State to focus resources where they are needed most, maximizing our ability to keep New Yorkers safe.”

Located at the Suffolk County Police Department Headquarters in Yaphank, the Suffolk Crime Analysis Center is more than triple its original size: 5,000 square feet compared to 1,700 square feet when it was first established in 2019.The Center now accommodates seating for 45, up from 16, and features a state-of-the-art, 24-foot-wide, 4.5-foot-high video wall. The Center is staffed with crime analysts and law enforcement personnel, funded by State Division of Criminal Justice Services (DCJS); the Suffolk County Police Department; the county’s District Attorney’s Office, Sheriff’s Office, Probation Department, and Child Protective Services; Nassau County Police Department; the New York City Police Department; MTA Police Department, the New York State Police; the New York Air National Guard; the State Department of Corrections and Community Supervision; and the New York/New Jersey High Intensity Drug Trafficking Area program.

The Suffolk County, Nassau County, and Hempstead police departments are among the 28 police departments and other law enforcement agencies in 21 counties that receive nearly $36 million through the State’s Gun Involved Violence Elimination (GIVE) initiative to reduce shootings and save lives. Those three Long Island agencies collectively reported double-digit declines in the shooting metrics GIVE agencies are required to report to the State. When comparing last year to 2023:

• Shooting incidents with injury declined 39 percent (44 v. 72).
• The number of individuals injured by gunfire decreased 35 percent (59 v. 91).
• There were six fewer individuals killed by gun violence, a 38 percent decrease (10 v. 16).

Preliminary index crime reported by police agencies on Long Island showed a 7 percent reduction from January through September 2024 vs. 2023. Violent crime (murder, rape, robbery, aggravated assault) decreased 4 percent and property crime (burglary, larceny, motor vehicle theft) declined 7 percent.

Under Governor Hochul’s leadership, DCJS has received record-level funding for the Crime Analysis Center Network ($18 million), GIVE ($36 million), SNUG Street Outreach Program ($21 million) and Project RISE ($20 million), four key initiatives that provide funding and support to local law enforcement and community partners working to address the causes and consequences of gun violence and other crime.

In her FY26 Executive Budget, Governor Hochul continues those investments and adds another $13 million to establish the New York State Crime Analysis and Joint Special Operations Command Headquarters. The command headquarters would be a strategic information, technical assistance and training hub for the 11 centers and enhance existing partnerships and expand information sharing with the New York State Intelligence Center operated by the State Police, the locally run Nassau County Lead Development Center, and the State’s Joint Security Operations Center, which focuses on protecting the State from cyber threats.

Last year alone, staff at the Suffolk Center received 30,010 requests for service – nearly a quarter of the 130,928 total requests received by the network – and assisted 70 different law enforcement agencies with cases ranging from hit and run crashes to murders. An executive board of directors oversees the center, composed of officials from DCJS, the Suffolk County Police Department, Suffolk County District Attorney’s Office, Suffolk County Sheriff’s Office, and Shelter Island Police Department, which represents the Suffolk County Chiefs of Police Association. 

Weekly News from State Senator Gustavo Rivera!

12 BILLS PASSED THE FIRST HEALTH COMMITTEE MEETING OF 2025

This week, Senator Rivera held the first Health Committee meeting of this session and passed 12 bills, including:

1. Local Input in Community Healthcare (LICH) Act (S1226) - : This bill would require public notice and engagement whenever a general hospital seeks to close entirely, or when a unit providing maternity, mental health, or substance use care is at risk of closing.
2. The New York Affordable Drug Manufacturing Act (S1618): This bill would direct the Commissioner of Health to enter into partnerships aimed at increasing competition, lowering prices, and addressing shortages in the market for generic prescription drugs.
3. Sodium Labeling Bill (S428): This bill would require chain restaurants to label menu items with high sodium content, helping to reduce New Yorkers' daily sodium intake by clearly marking meals that exceed the FDA's recommended daily value for sodium.

The next Health Committee meeting will be held on February 4th.

SENATOR RIVERA RECEIVED A RECOGNITION FROM THE AMERICAN WATER WORKS ASSOCIATION

This week, Senator Rivera received a recognition for his legislative commitment to making our state's drinking water cleaner from the American Water Works Association. Thank you so much for this award!

CHANGES TO THE CDPA PROGRAM: SENATOR RIVERA'S BILL COULD SERVE AS A FRAMEWORK TO ACCOMPLISH A SMOOTHER TRANSITION

This week, Senator Rivera provided a statement to Kate Lisa from Spectrum News1 regarding the ongoing transition to a single fiscal intermediary the Consumer Directed Personal Assistance program is currently undergoing, with Public Partnerships LLC (PPL). It is estimated that more than 12,000 individuals have completed or started the registration process with PPL, representing less than 5% of enrolled New Yorkers, which is a concern due to the looming April 1st deadline to complete this transition.

Senator Rivera expressed his concerns with how slowly the transition is going and emphasized that his bill S.1189, which was reintroduced this week, could return stability to the program by providing the framework to do so while increasing oversight:

“Unless this number increases drastically in the remaining months, this transition will significantly disrupt access to critical long term care services for vulnerable New Yorkers," Rivera said in a statement. "...While there are systems to address someone leaving CDPAP and returning to a traditional agency model of home care delivery, the practical result could be weeks of delay for someone who is dependent on a personal assistant for assistance with daily living activities that keep New Yorkers safe, healthy and residing in their own communities."

Read the full story here.

SENATOR RIVERA PARTICIPATES IN RIVERDALE Y'S MLK DAY OF SERVICE

On Monday, January 20th, Senator Rivera attended the Riverdale Y's Martin Luther King Jr. Day (MLK Day) Day of Service. The Senator participated in Shift #1 of the Rise Against Hunger event, where he packed food for members of the community.

On #MLKDay, we are reminded that the fight against racial discrimination and for human rights is ongoing. This day calls us to stand strong, speak out, and challenge injustices. As Dr. Martin Luther King Jr. said, “Our lives begin to end the day we become silent about things that matter.”

Thank you to Rabbi Scott, Riverdale Y’s Director of Community Affairs, for the invitation to participate in this memorable day with the community!

SENATOR RIVERA JOINS CONSTITUENTS AT THE 52ND PRECINCT COUNCIL MEETING

On Thursday, Senator Rivera joined his constituents at the 52nd Precinct Council Meeting. He shared updates on community and district office initiatives, as well as his legislative priorities for the 2025 session.

TUESDAY 02/11: PARTICIPATE ON A VIRTUAL PUBLIC HEARING RE: THE KINGSBRIDGE ARMORY

SUMMER YOUTH EMPLOYMENT PROGRAM: APPLICATIONS ARE NOW OPEN!

NYC's Summer Youth Employment Program (SYEP) is the nation's largest youth employment program, connecting NYC youth between the ages of 14 and 24 with career exploration opportunities and paid work experiences each summer. The deadline to submit applications is 02/28

For applications and more information, click here

NY IG Lucy Lang Condemns Overnight Purge of Federal IGs as a Threat to Democracy

 

Following President Trump’s overnight removal of at least 17 federal Inspectors General (IGs), New York State IG Lucy Lang is calling for renewed bipartisan efforts to safeguard the independence of these critical watchdogs, whose mission is to uphold transparency, accountability, and integrity within government. 

 

Lang, who by law cannot be fired by the Governor as a protection of her ability to investigate the state’s Executive Branch, says, "The dismissal of at least 17 federal Inspectors General without notice to Congress undermines the independence of these essential watchdogs and threatens the very fabric of American democracy. Inspectors General are the taxpayers’ guardians, ensuring oversight of agencies responsible for billions of dollars and countless programs affecting daily life. Without their independence, our government risks spiraling into unchecked power and corruption." 

 

The firings — which reportedly include IGs from the Departments of State, Defense, Housing and Urban Development, Agriculture, and others — come on the heels of an op-ed Inspector General Lang authored in City & State last week, warning of heightened risks to the independence of Inspectors General under the new administration. In her op-ed, Lang, citing their role as "fact-finders and truth-tellers," highlighted that federal IGs saved approximately $93.1 billion in 2023 alone — a $26 return on every dollar spent. 

 

As discussions about the future of IGs continue, Lang calls on elected officials, public servants, and citizens to recognize and defend the indispensable role that these watchdogs play in preserving democracy. 

 

"The history of bipartisan support for IG independence must prevail over the dangerous precedent of partisanship that undermines their work," said Lang. "Now more than ever, protecting the independence of inspectors general is a democratic imperative. We cannot allow political interference to undermine the transparency and accountability that the American people deserve."