Saturday, May 24, 2025

Weekly News from State Senator Gustavo Rivera!


GOVERNMENT HEADER

SENATOR RIVERA'S CDPAP ACCOUNTABILITY ACT AND 21 OTHER BILLS PASS THIS WEEK'S HEALTH COMMITTEE MEETING

This week, Senator Rivera held the eighth Health Committee meeting of the year, where 22 bills, including 9 of his own, were passed. Senator Rivera was especially proud that his bill S.1189, also known as the CDPAP Accountability Act, was among the bills that passed.


Given the utter failure of the single FI transition, the CDPAP Accountability Act seeks to return stability to an essential program that is reeling from a chaotic transition that left patients without care and workers without a paycheck. This bill will balance the program's integrity by weeding out bad actors, access to services, provide opportunities to businesses throughout the State that have a proven track record of delivering quality services, and restore consistency in fiscal intermediary operations


To watch Senator Rivera's speech at the Health Committee meeting about the CDPAP Accountability Act, click here.

This week, three bills sponsored by Senator Rivera passed the floor of the New York State Senate: 


  • S.1226The Local Input in Community Healthcare (LICH) Act: This bill will require community notification and stakeholder engagement when a general hospital seeks to close entirely or a unit that provides maternity, mental health or substance use care.


  • S.1618: The New York Affordable Drug Manufacturing Act: This bill will direct the Commissioner of Health to enter into partnerships to increase competition, lower prices, and address shortages in the market, to reduce the cost of prescription drugs for all.


  • S.355: Program Eligibility for plans comparable to Medicare: This bill will allows individuals who have comparable coverage to a Medicare part D plan to also be eligible for Elderly Pharmaceutical Insurance Coverage (EPIC) program if otherwise qualify.


"I am especially proud that the Local Input in Community Healthcare Act has once again passed after the Governor vetoed it last year. We must address gaps in the state’s review process for proposed hospital and critical care unit closures and ensure that communities have a voice in decisions affecting their access to local hospital care," said Senator Rivera.


Watch Senator Rivera's speech on the floor about his LICH Act here.

SENATOR RIVERA ATTENDS THE EMS MEMORIAL CEREMONY HOSTED BY THE NY STATE DEPARTMENT OF HEALTH

This week, Senator Rivera participated in the New York State Emergency Medical Services (EMS) Memorial, a solemn event held at the Empire State Plaza in Albany. This event, part of National EMS Week, holds great significance as it honors the brave EMS personnel, both volunteer and career staff, who made the ultimate sacrifice in service to the people of New York.


The memorial also honors those who responded to the World Trade Center attacks after September 11, 2001, including the rescue operations and the months-long recovery efforts that followed.


Senator Rivera paid his respects to the family of Captain Robert R. De Leon, Jr., a constituent of District 33 in The Bronx. Captain De Leon dedicated 36 years of service to the City of New York, with a significant portion of his career spent serving the people of The Bronx, where he played a vital role in ensuring their protection and care.


His work went beyond just responding to emergencies. He helped shape and maintain the infrastructure that supported the city's emergency medical care system, leaving a lasting impact on the community. Additionally, Captain De Leon responded to the devastation at the World Trade Center, where he was an integral part of the heroic rescue and recovery efforts.

This week, Senator Rivera responded to misinformation going around about his groundbreaking bill, the New York Health Act (NYHA), through a video posted in his social media accounts.


"To my labor brothers and sisters: NYHA would improve your healthcare (and your leverage in bargaining), not take it away. Let’s work together to make it happen," said Senator Rivera.


To watch the video, click here.


Follow the New York Health Campaign here and join us in the fight for guaranteed healthcare!

On this Memorial Day, we honor and remember the courageous Americans who gave their lives in service to our country. To all our fallen heroes - your sacrifice and that of your families will not be forgotten.

SENATOR RIVERA TOURS P.S.246 IN FORDHAM!

Today, Senator Rivera toured P.S. 246 located in the Fordham section of his district. Joined by Principal Andrea Johnson, Senator Rivera had the opportunity to spend a few special moments with students and teachers on Career Day.


Thank you to Principal Johnson for the invitation, and to all the staff and students for the warm welcome!

In case you missed it, last week Senator Rivera hosted a Homeownership 101 Virtual Training in partnership with the New York Legal Assistance Group (NYLAG).


During the virtual training, participants learned about a variety of topics including the differences between co-ops, condos, and homes; the processes involved in buying and selling these types of properties; the government resources available to those homeowners who are at risk of foreclosure or currently in foreclosure proceedings, and so much more!


View a replay of this webinar here and click here to download the presentation

UPDATE FROM THE MTA AND NEW YORK CITY DOT: MOVING BUSES FASTER

JustFix, in partnership with the Housing Justice for All coalition, has launched Good Cause NYC a powerful new tool designed to help NYC tenants take advantage of their new protections. 


By analyzing public data from multiple sources, the tool helps cut through the confusion, making it easier for tenants to learn if they’re covered to fight back against unjust rent hikes and eviction.


With this new tool they're putting knowledge and power back in the hands of tenants.


How does Good Cause NYC help?


  • Eligibility Screener: Enter your address and answer a few short questions to find out if you are covered.


  • Your Rights: No matter what result you get, they offer next steps to learn about the protections you have and how to assert your rights.


  • Rent Increase Calculator: If you know you’re covered by Good Cause, you can use their new rent increase calculator to learn if your rent hike is considered “unreasonable” by the law.


Visit Good Cause NYC here for more information.

Attorney General James’ Office of Special Investigation Releases Report on Death of Steven Zalewski

 

New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Steven Zalewski, who was declared dead on October 9, 2023 after a motor vehicle incident involving a member of the Dewitt Police Department (DPD) in Dewitt, Onondaga County. Following a thorough investigation, which included review of DPD reports, interviews, and body-worn camera footage, and comprehensive legal analysis, OSI concluded that a prosecutor would not be able to prove beyond a reasonable doubt that the involved DPD officer caused Mr. Zalewski’s death or committed a crime, and therefore criminal charges are not warranted in this case.

On the evening of October 9, a DPD officer was driving in a marked police car while responding to a residence in Dewitt. The officer was driving on Bridge Street, a multi-lane roadway with four southbound lanes and four northbound lanes separated by a concrete median, with a speed limit of 40 MPH. The officer was traveling southbound in the lane closest to the median at 28 MPH when he drove over Mr. Zalewski, who was lying on the ground. Mr. Zalewski was pronounced dead at the scene.

In New York, proving criminally negligent homicide requires proving beyond a reasonable doubt that a person caused a death when they failed to perceive a substantial and unjustifiable risk that death would occur; that the failure to perceive the risk was a gross deviation from a reasonable person’s standard of care; and that the person engaged in blameworthy conduct. In this case, the investigation could not determine whether Mr. Zalewski had already been struck by another vehicle, or in fact had already died, when the officer’s car ran over him. In addition, there is no evidence that the officer was speeding, driving while distracted, or impaired by drugs or alcohol. The body-worn camera shows that the officer was not using his phone or any equipment in the police car. While toxicology testing showed that the officer was on a prescription medication, there is no evidence that it affected his ability to operate his patrol vehicle.

In this case, the evidence does not establish beyond a reasonable doubt that the officer’s conduct was a gross deviation of the standard that would have been observed by a reasonable person in the same circumstances, or that the officer consciously disregarded a substantial and unjustifiable risk of death. Therefore, OSI concluded that there was insufficient evidence to pursue criminal charges.

Determining the possibility of alcohol impairment is an essential component of investigating vehicular crashes. In this case, the officer was never administered a Portable Breath Test (PBT) and was not asked to provide a blood sample for two and a half hours after the incident. While there is no evidence that the officer driving the car was impaired by drugs or alcohol, OSI recommends that all patrol officers and supervisors be trained in the administration of PBTs and field sobriety tests so that any on-duty or off-duty police officer, or any civilian, involved in a motor vehicle collision can be tested as close to the time of the collision as practicable to ensure the most accurate results. OSI also recommends that when a motor vehicle collision results in serious physical injury or the death of another person, police agencies should ask the involved officer to voluntarily consent to toxicology testing.

Corporate Insider And Two Associates Plead Guilty To Million-Dollar Insider Trading Scheme

 

Jonathan Whitesides, Daniel McCormick, and Brent Cranmer Admit to Illegal Trading in Kaman Corp. in Advance of Acquisition Announcement

Jay Clayton, the United States Attorney for the Southern District of New York, announced that JONATHAN WHITESIDES, DANIEL MCCORMICK, and BRENT CRANMER pled guilty to committing securities fraud in connection with a scheme to trade in securities of Kaman, Corporation (“Kaman”) using inside information. WHITESIDES and MCCORMICK pled guilty before U.S. District Judge Margaret Garnett. CRANMER pled guilty before Judge Garnett on May 12, 2025. 

“The three defendants engaged in a classic insider trading scheme—buying call options on the stock of a company where insiders know the trading price is about to increase substantially, but the market does not know yetInvestors expect, and our law requires, that insiders will not misuse confidential information for personal gain,” said U.S. Attorney Jay Clayton. “This Office is committed to prosecuting securities fraud and maintaining a level playing field for all investorsWe will continue working closely with our law enforcement partners to detect, investigate, and bring to justice those who act to undermine the integrity of our financial markets.” 

FBI Assistant Director in Charge Christopher G. Raia said: “The defendants admitted to using material nonpublic information for their benefit—more than one million dollars in illicit gains. Insider trading is insidious, damaging the integrity of our financial institutions. The FBI will hold accountable those who attempt to illegally profit from securities fraud schemes in the criminal justice system.”

According to the allegations contained in the Information and Superseding Information and statements made in public filings and in public court proceedings:

WHITESIDES, MCCORMICK, and CRANMER engaged in a scheme to reap illegal profits by misappropriating and trading on material nonpublic information concerning the planned acquisition of Kaman, a publicly-traded company, in violation of duties of trust and confidence owed to the company and its shareholders.

Beginning December 18, 2023, CRANMER, who was an executive at a Kaman subsidiary, learned that Kaman was negotiating an all-cash acquisition at a premium price. CRANMER promptly shared this confidential information with his friend, WHITESIDES, intending for it to be used to purchase Kaman securities before the public announcement of the acquisition. Acting on this information, WHITESIDES acquired Kaman call options in both his own account and in an account in the name of a family member. WHITESIDES subsequently shared the confidential information with his friend, MCCORMICK, who then purchased Kaman stock and call options. Both WHITESIDES and MCCORMICK knew they were trading on confidential information obtained through a breach of a duty owed to Kaman.

Dissatisfied with his anticipated compensation from the acquisition, CRANMER expressed interest in purchasing Kaman securities through an intermediary before the public announcement of the acquisition, acknowledging he was restricted from trading directly. WHITESIDES attempted to arrange a nominee trader for CRANMER, asking MCCORMICK if he would be “comfortable trading on behalf of others” and “using others[’] money.”  CRANMER provided WHITESIDES with $10,000 to fund purchases of Kaman options through MCCORMICK. However, no trades were executed on CRANMER’s behalf before the acquisition announcement.

When Kaman publicly announced on January 19, 2024, that it had agreed to be acquired by a private equity firm in a premium, all-cash transaction, Kaman’s share price rose considerably.  WHITESIDES and MCCORMICK sold their Kaman securities that same day, collectively generating more than $1 million in illegal profits. Afterwards, WHITESIDES attempted to conceal evidence by deleting incriminating text messages.

JONATHAN WHITESIDES, 46, of Mission Viejo, California, DANIEL MCCORMICK, 61, of Coto de Caza, California, and BRENT CRANMER, 52, of Mission Viejo, California, were each charged with securities fraud, in violation of 15 U.S.C. §§ 78j(b) and 78ff, 17 C.F.R. §§ 240.10b-5, and 18 U.S.C. § 2, which carries a maximum sentence of 20 years in prison.

The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. WHITESIDES is scheduled to be sentenced by Judge Garnett on October 3, 2025, at 10:30 a.m. MCCORMICK is scheduled to be sentenced by Judge Garnett on September 26, 2025, at 10:30 a.m. CRANMER is scheduled to be sentenced by Judge Garnett on November 10, 2025.

Mr. Clayton praised the outstanding work of the Federal Bureau of Investigation. Mr. Clayton also thanked the U.S. Securities and Exchange Commission.

Governor Hochul Announces Statewide Memorial Day Weekend Impaired Driving Enforcement and Education Campaign

State Police conduct a safety checkpoint.

Campaign to run Friday, May 23 through Monday, May 26

Construction-Related Temporary Lane Closures on NYS Highways to Be Suspended for the Holiday Weekend

Governor Kathy Hochul announced increased New York State Police and local law enforcement patrols to combat drunk, impaired and reckless driving as Memorial Day celebrations get underway. This annual STOP-DWI traffic enforcement detail, which is funded by the Governor's Traffic Safety Committee, begins at 6:00 p.m. on Friday, May 23, 2025, and runs through 11:00 p.m. on Monday, May 26, 2025. Memorial Day is one of the busiest travel holidays of the year and police will be out in force to remove impaired and reckless drivers from our highways.

“Public safety is my top priority and my Administration is committed to ensuring travelers are safe on our roadways this holiday weekend,” Governor Hochul said. “Memorial Day weekend marks the unofficial start to summer and a busy travel season - I urge all motorists to drive responsibly and if you are celebrating, make a plan to get yourself or your guests home safely. New York State has zero tolerance for impaired driving.”

Drivers can expect to see sobriety checkpoints and increased patrols by State Police along with local and county law enforcement agencies during this holiday weekend. Troopers will be using both marked State Police vehicles and Concealed Identity Traffic Enforcement (CITE) vehicles as part of this crackdown to more easily identify motorists who are violating the law. CITE vehicles allow the Trooper to better observe driving violations. These vehicles blend in with traffic but are unmistakable as emergency vehicles once the emergency lighting is activated.

To help ease travel during the busy holiday weekends, temporary lane closures for road and bridge construction projects on New York State highways will be suspended beginning 6:00 a.m. on Friday, May 23 through 6:00 a.m. on Tuesday, May 27.

Drivers should be aware some work may continue behind permanent concrete barriers or for emergency repairs. The construction suspension aligns with New York State’s Drivers First Initiative, which prioritizes the convenience of motorists to minimize traffic congestion and travel delays due to road and bridge work.

New York State Police Superintendent Steven G. James said, “For many New Yorkers, Memorial Day marks the start of the summer travel season which means additional traffic and increased risks on our roadways. As we take time to honor those who died in service to our county, we encourage all motorists to make safety their number one priority.  Drive sober, put down your smart phone, and slow down and move over if you see emergency vehicles or highway workers on the side of the road. Troopers will remain vigilant in keeping the roadways safe throughout the holiday weekend.”

New York State Department of Motor Vehicles Commissioner and Governors Traffic Safety Committee Chair Mark J.F. Schroeder said, “This weekend we will remember the many servicemembers who sacrificed their lives so we could enjoy our freedom. Don’t lose that freedom to a DWI arrest, crashing your vehicle or injuring yourself or others. With so many options for ensuring you have a safe and sober ride home, there’s absolutely no excuse to drive impaired.”

New York State Department of Transportation Commissioner Marie Therese Dominguez said, “As we enjoy a long weekend with friends and family this coming Memorial Day, let us remember and honor the men and women who paid the ultimate sacrifice to safeguard our nation’s freedom.  We are forever grateful for their service and sacrifice. In an effort to ensure the safe flow of traffic over this weekend, the State Department of Transportation will be suspending all non-emergency construction activities. I urge the traveling public to put your phones down and pay attention to the task at hand – driving.  In addition, please drive sober and alert, slow down and move over for all vehicles, obey speed limits and do your utmost to help everyone reach their destinations safely this weekend.”

New York State Thruway Authority Executive Director Frank G. Hoare said, “As the summer travel season begins, we urge motorists to make safety a priority. Suspending construction activities over the holiday weekend will help people get to their destinations with fewer delays, but we remind motorists our employees and emergency personnel will still be out assisting motorists. It’s imperative that motorists remain alert, slow down and move over for vehicles on the side of the road. We thank our partners at New York State Police Troop T for patrolling the Thruway and keeping motorists safe.”

During last year’s initiative, law enforcement officers issued 30,031 citations including 4,791 tickets for speeding and 1,421 arrests for impaired driving.

Drivers must follow the state’s Move Over Law, which was expanded in March 2024 to require drivers to slow down and move over for all vehicles stopped along the roadway. The Thruway Authority and New York State Department of Transportation urge drivers to stay alert while driving, slow down and move over when they see a vehicle on the side of the road. The lives of employees, roadway workers and emergency personnel depend upon it.

Text stops, including park-and-ride facilities, rest stops, service areas and parking areas along state highways support the state’s effort to reduce distracted driving. 

The Thruway Authority reminds drivers that all but one service area located on the Thruway from the lower Hudson Valley to the Pennsylvania State line are open. The final of the 27 service areas constructed as part of the $450 million redevelopment project located on I-87 southbound will open later this year. Fuel services remain open at all locations. Drivers can view the service areas and plan their stops on the Thruway Authority's website and on the free mobile app, which is available to download for free on iPhone and Android devices. The app also provides drivers direct access to real-time traffic and navigation assistance while on the go. Drivers can also sign up for TRANSalert emails, which provide the latest conditions along the Thruway.

Travelers can also check NYSDOT's 511NY before traveling by calling 5-1-1, visiting the 511 website, or downloading the free 511NY mobile app on iTunes or Google Play. The free service allows users to check road conditions, view 2,219 traffic cameras and link to air and transit information. The app features Drive mode, which provides audible alerts along a chosen route while a user is driving, warning them about incidents and construction.

This initiative is partially funded by the Governor’s Traffic Safety Committee (GTSC). The GTSC and the New York State STOP-DWI Foundation remind drivers that their  “Have a Plan” mobile app, is available for Apple, Android and Windows smartphones. The app enables New Yorkers to locate and call a taxi service and program a designated driver list. It also provides information on DWI laws and penalties, and a way to even report a suspected impaired driver.

Friday, May 23, 2025

DEC REMINDS WATER RECREATIONISTS TO 'CLEAN. DRAIN. DRY.' WATERCRAFT AND EQUIPMENT TO PROTECT NEW YORK'S WATERS FROM AQUATIC INVASIVE SPECIES

 

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Boat Stewards to Conduct Inspections and Educate Recreating Public at Boat Launches Statewide Beginning Memorial Day Weekend

The New York State Department of Environmental Conservation (DEC) reminds recreationists to ‘Clean. Drain. Dry.' boats, trailers, fishing gear, and other equipment before launching in New York’s waters to prevent the spread of aquatic invasive species (AIS). Starting Friday, May 23, boaters will see the blue vests worn by watercraft inspection stewards, also known as boat stewards, at more than 220 boat launches and decontamination stations throughout the state. Boat stewards are volunteers or paid members of local communities who help protect New York State's waters. 

“Boat stewards are vital to protecting our lakes, ponds, and rivers from harmful invasive species like zebra mussels, hydrilla, and Eurasian watermilfoil,” DEC Acting Commissioner Amanda Lefton said. “As we kick off this year’s boating season, DEC and our partners across the state encourage those out on the waters to respectfully interact with New York’s boat stewards and support our ongoing efforts to safeguard our waters from invasive pests.”

In 2024, stewards conducted more than 219,000 watercraft inspections and intercepted over 11,000 aquatic invasive plants and animals while raising awareness about AIS and fostering stewardship of New York’s waters. The State Office of Parks, Recreation and Historic Preservation (OPRHP) works collaboratively with DEC's Watercraft Inspection Steward Program (WISP) operating approximately 30 sites located at State Park ramps.    

Aquatic invasive plants, like water chestnut, can shade out native plants that provide food and shelter for native animals and lower dissolved oxygen levels. Invasive fish like round goby can carry pathogens, prey upon native fish eggs and fry, and out-compete native fish species. Both invasive plants and animals can also impact local economies. 

This year through WISP, in collaboration with the State Canal Corporation, a new boat wash decontamination unit is being planned for deployment at Cove Road Boat launch on Oneida Lake, with further goals to expand at more sites in the State Canal system.

New York State Canal Corporation Director Brian U. Stratton said, “Doing our part to support healthy ecosystems, such as working to prevent the spread of aquatic invasive species within the Canal System and connected waters, is an important effort that we can make to ensure these waterways remain vibrant recreational resources now and in the years to come. We are proud to partner with DEC and the WISP program, as we endeavor to continue placing boat wash stations around the Canal System, just like the one that will be stationed at the Cove Road boat launch.”

New York State Office of Parks, Recreation and Historic Preservation (OPRHP) Commissioner Pro Tempore Randy Simons said, “New York State Parks is pleased to join our partners in taking aggressive efforts to prevent invasive species from entering and degrading State lands and waters. I encourage the boating public to do its part and learn and carry out a few simple precautions to protect waters that make our state’s waterways so scenic and enjoyable.”

All water recreationists are advised to follow these steps to help prevent the spread of AIS:   

  • Clean mud, plants, and animals off boats, trailers, fishing gear, and other equipment (trailer bunks, axles, rollers, lights, transducers, and license plates; motor props; waders; diving gear; anchors; etc.) and discard the material in a trash can or at a disposal station;
  • Drain all water-holding compartments, including ballast tanks, live wells, and bilge areas, before leaving an access site;
  • Dry everything thoroughly before using boats or equipment in another waterbody; drying times can vary, but five to seven days in dry, warm conditions is recommended;
  • When there's no time to dry between uses, disinfect boats and equipment with hot water that is at least 140 degrees Fahrenheit or visit a decontamination site;
  • Pick up a Clean. Drain. Dry. towel and a Protect Your Waters sticker from one of the stewards as a reminder to take these preventive steps;
  • Do not dump aquarium contents in any waterbodies, drainage ditches, or sewers. 

All boaters operating any kind of motorized watercraft in the Adirondack Park and within 10 miles of the Blue Line are required by law to possess certification that, before launching, their vessel has undergone measures to prevent the spread of aquatic invasive species by following the Clean. Drain. Dry. standards. These certificates can be acquired by visiting a DEC designated aquatic invasive species inspection station where boat stewards are present to inspect or decontaminate vessels and to provide boaters with a certification card. Boaters may perform Clean. Drain. Dry. steps themselves and then complete a self-issued certificate (PDF) to be printed and carried by boat users. 

DEC and the Canal Corporation continue to work closely with state, local and federal partners including the Lake Champlain Basin Program, U. S. Fish and Wildlife Service, U.S. Geological Survey, to implement a comprehensive, science-based management strategy to limit the movement of round goby toward Lake Champlain. The round goby is one of the most significant invasive threats to New York State waters, particularly Lake Champlain. DEC lists round goby as a prohibited invasive species in State regulations. Native to Europe and Asia, this fish was introduced in the Great Lakes in 1990 and spread throughout the lakes' system. Round gobies reproduce quickly, outcompete native fish species for food and habitat, eat the young and eggs of other fish, and can transport botulism through the food chain to waterfowl. 

After the round goby was discovered in the Hudson River near the city of Troy in 2021, the initial mitigation measures implemented during the 2022 canal navigation season included scheduled lockings and “double draining” at Locks C-1 and C-2, and genetic analysis to estimate the number of spawning adults over time to help monitor round goby populations and closely track species movement. 

All New York residents and visitors have a role to play in protecting state waters from invasive species. Visit DEC's website for more information on how to Clean, Drain, Dry boats, fishing gear, and other equipment. A step by step guide for ridding boats and equipment of AIS with video can also be found on DEC's YouTube channel

The WISP program is funded by the State Environmental Protection Fund (EPF). In the recently enacted 2025-26 State Budget, Governor Hochul increased EPF funding to a record $425 million, the highest level of funding in the program's history. The EPF is a critical resource for environmental programs such as land acquisition, farmland protection, invasive species prevention and eradication, recreation access, water quality improvement, and environmental justice projects. The budget includes a renewed $18.5 million in funding to combat invasive species. 

DEC also reminds New Yorkers to treat boat stewards respectfully. New York State does not tolerate harassment of any kind. Stewards are directed to report inappropriate behavior or treatment by anyone at boat launch locations. We encourage members of the community to help stop harassment by reporting misconduct or harassment to DEC, partner organizations, or local law enforcement as appropriate.