Attorney General James’ Office of Special Investigation Releases Report on Death of Lashawn McNeil

 

New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Lashawn McNeil, who killed two members of the New York City Police Department (NYPD), on January 21, 2022 in Harlem. The OSI was required to conduct this investigation pursuant to New York State Executive Law 70-b. The investigation, which included review of body-worn camera (BWC) footage, crime scene evidence, medical examiner reports, and witness interviews, concluded that the officer who shot Mr. McNeil was legally justified in his use of deadly force, as Mr. McNeil had just killed two of his fellow officers and was approaching him and two civilians.

In the early evening of January 21, 2022, Mr. McNeil’s mother called 911 to report an ongoing domestic dispute with her son. Shortly after, three officers responded to the residence where Mr. McNeil lived with his mother and brother. His mother answered the door and confirmed she called 911, and told the officers that Mr. McNeil was at the back of the apartment. Two officers walked down the hallway towards the back of the apartment while the third officer remained in the front room.

When the first officer got to the doorway of a bedroom in the back of the apartment, Mr. McNeil emerged and shot him at close range. The first officer fell to the ground and the second officer retreated to the front room while exchanging gunfire with Mr. McNeil. Mr. McNeil’s shots struck the second officer, who then fell to the ground as well. The third officer, who had taken cover in the kitchen with Mr. McNeil’s mother and brother, emerged and shot Mr. McNeil as he came into the front room from the hallway. The first and second officers and Mr. McNeil were transported to a local hospital, where they were each pronounced dead.

The OAG offers sincere condolences to the families and loved ones of Detectives Wilbert Mora and Jason Rivera, who were tragically killed in the line of duty during this encounter.

United States Sues Owners And Operators Of Orange County Horse Training Facility For Filling Wetlands In Violation Of Federal Clean Water Act

Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, the Regional Administrator for Region 2 of the U.S. Environmental Protection Agency (“EPA”), announced that the United States has filed a civil lawsuit against THOMAS PUSHKAL, JENNIFER VANOVER, EDWARD PUSHKAL, FRANCES PUSHKAL, and MAPLEWOOD WARMBLOODS, LLC (collectively, the “defendants”) for allegedly filling wetlands in Orange County protected by the federal Clean Water Act.  The Complaint asks the Court to award injunctive relief and civil penalties for the violations.

U.S. Attorney Damian Williams said: “As alleged, the defendants violated the Clean Water Act by discharging concrete, metal, glass, and other fill material into wetlands that are part of the waters of the United States.  This lawsuit will hold the defendants accountable for allegedly violating our environmental laws and require them to remedy the alleged significant damage they have caused to protected wetlands.”

EPA Regional Administrator Lisa F. Garcia said: “Wetlands serve a vital role in decreasing water pollution, providing habitat for fish and wildlife, and reducing risks from flooding and storm surges.  Unlawful and unmitigated dredging and filling activities can destroy wetlands.  EPA will continue to protect these vulnerable ecosystems and fight for the health of wetlands by enforcing the law under the Clean Water Act.”

As alleged in the Complaint filed today in White Plains federal court:[1]

From 2015 to 2019, defendants THOMAS PUSHKAL, JENNIFER VANOVER, and their business MAPLEWOOD WARMBLOODS, LLC discharged fill material without a federal permit into approximately 3.5 acres of wetlands, in areas referred to in the Complaint as the Bart Bull Road Site and the Expansion Site.  These discharges were made in the course of operating and expanding their horse breeding, boarding, and training facility in the Town of Wallkill, Orange County.

Specifically, from in or about June 2015 to March 2016, these defendants directed or permitted construction and demolition material to be trucked in and deposited at the Bart Bull Road Site and directed or permitted the use of heavy machinery to spread the fill material to level and raise the grade of the property. 

At the end of November 2018, EPA learned of the potential development activity at the Expansion Site and, in December 2018, cautioned defendant THOMAS PUSHKAL by phone that if he was filling protected wetlands on any additional properties, he would need a federal permit. 

Nonetheless, beginning in or about December 2018 and continuing to April 2019, without a permit, these defendants used dump trucks and other heavy machinery to engage in extensive earthmoving, grading, and filling activities to construct private access roads through the Expansion Site.  The construction of these roads caused fill to be discharged into 1.5 acres of wetlands at the Expansion Site.  Some wetlands filled at the Expansion Site are on property owned by defendants EDWARD PUSHKAL and FRANCES PUSHKAL, who, at a minimum, knew or should have known of, but failed to exercise their authority to prevent, the discharges.

The wetlands that are the subject of the Complaint are adjacent to the Wallkill River, a traditional navigable water.  The fill material discharged into the wetlands included, among other things, dirt, rock, brick, wood, electrical wiring, ceramic, asphalt, concrete, rebar, PVC piping, metal, and glass.

[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitution only allegations, and every fact described should be treated as an allegation.

Governor Hochul Announces $20 Million Available to Enhance Local Public Safety and Emergency Communications Systems

 

Grant Funding Now Available for Eligible Counties to Improve Land Mobile Radio Interoperability for Public Safety Agencies

Deadline is September 8, 2023; Request for Applications and Additional Information Can Be Found Here

 Governor Kathy Hochul today announced the availability of $20 million to improve the State's emergency communications systems through the State Interoperable Communications Grant Targeted program, which reimburses eligible counties across the state for various activities associated with emergency communication systems. This year’s grant funding objective aims to improve the overall status of land mobile radio interoperability for public safety agencies within New York, as well as its border states.

“In an emergency, every second counts,” Governor Hochul said. “This grant funding will help ensure our communities across the state have the modern communication tools they need to act quickly and effectively to protect New Yorkers and save lives.”

New York State Division of Homeland Security and Emergency Services Commissioner Jackie Bray said, "Communications are the backbone of emergency response and this funding will improve our public safety equipment across the board. Counties can apply for this funding to enhance their existing communications systems.”

A total of $20 million in State funding is available for eligible counties to support the core objectives of program funding, including improving redundancy and resiliency of public safety radio systems, expanding coverage and frequency band capabilities of National Interoperability Channels, and developing or enhancing shared radio and other systems.

Applications are open and the deadline for the SICG-Targeted program is September 8, 2023.

For more information, please visit the DHSES Grants web page.

Governor Hochul previously announced additional investments and measures to improve Statewide emergency response services from the FY 2024 Budget, including:

• $105 million to upgrade the State Emergency Operations Center, which serves as the State's centralized location for coordination of all major emergency preparedness and response activities.
• $25 million to provide capital grants to volunteer fire departments for construction, renovation, or purchase of facilities and equipment.
• $20 million to assist counties in transitioning to a Next Generation 911 network that would connect to Public Service Answering Points (PSAP) in each county.
• $10 million to provide a State-funded stipend to volunteer firefighters who complete foundational training.
• $45 million in SICG-Formula grant funding is available to eligible counties and New York City.
• $10 million in grants to eligible applicants in support of operations and improvements of PSAPs. The State provides reimbursement for operating expenses, including personnel costs.

NYS Private Sector Employment Up 15,000 Jobs in June 2023

 

The Number of Private Sector Jobs in New York State Grew by 0.2% in June, Rising Faster Than the Nation

According to preliminary seasonally adjusted figures released today by the New York State Department of Labor, the number of private sector jobs in New York State increased over the month by 15,000, or 0.2%, to 8,260,000 in June 2023. The number of private sector jobs in the U.S. increased by 0.1% in June 2023.

New York State's private sector jobs (not seasonally adjusted) increased by 190,200, or 2.3%, over the year in June 2023, which was lower than the 2.4% increase in the number of private sector jobs in the U.S.

New York State's seasonally adjusted unemployment rate held constant at 3.9% in June 2023. At the same time, New York State's labor force (seasonally adjusted) increased by 31,200. As a result, the labor force participation rate increased from 61.0% to 61.2% in June 2023.

The number of private sector jobs in New York State is based on a payroll survey of New York businesses conducted by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS). Monthly payroll employment estimates are preliminary and subject to revision as more complete data become available the following month. The BLS calculates New York State’s unemployment rate based partly upon the results of the monthly Current Population Survey (CPS) of approximately 3,100 households in the State.

Note: Seasonally adjusted data provide the most valid month-to-month comparison. Non-seasonally adjusted data are valuable in year-to-year comparisons of the same month – for example, June 2022 versus June 2023.

Statewide Industry Employment

June 2023 – Seasonally Adjusted

• On a net basis, the total number of nonfarm jobs in the state increased by 28,100 over the month, while private sector jobs increased by 15,000 in June 2023.
• At the same time, the total number of nonfarm jobs in the nation increased by 209,000, while private sector jobs increased by 149,000.

NYS Job Growth Outpaces That of the Nation

Over-the-Month % Change in Total Nonfarm & Private Sector Jobs, May – June 2023

Total Nonfarm and Private Sector Jobs Increased in June 2023

Total Nonfarm and Private Sector Jobs (in 1000s), January 1990 – June 2023

Statewide Unemployment

June 2023 – Seasonally Adjusted

• In June 2023, the statewide unemployment held constant at 3.9%.

• New York City’s unemployment rate increased from 5.3% to 5.4%. Outside of New York City, the unemployment rate held constant at 2.9%, its lowest rate on records dating back to 1976.

• The number of unemployed New Yorkers increased over the month by 1,900, from 382,200 in May to 384,100 in June 2023.

MAYOR ADAMS, MAYOR’S FUND ANNOUNCE NEW SCHOLARSHIP INITIATIVE TO INCREASE DIVERSITY IN JOURNALISM

 

In Partnership with Mayor’s Fund to Advance New York City, New Initiative Will Commit At Least $500,000 in Year One to Scholarships for New York City Students of Color to Study Journalism 

Journalism Scholarship Will Help Foster Inclusivity and Build Pipeline to Reflect City’s Diversity

New York City Mayor Eric Adams and the Mayor’s Fund to Advance New York City today announced a new scholarship fund to expand access to educational opportunities for New York City students of color and increase diversity within journalism. New York City’s reporters play an essential role in delivering news to the city’s residents, elevating voices, and holding those in power accountable. This scholarship initiative will build a pipeline to ensure more New Yorkers — especially those of different backgrounds who are not as often represented in the media — can join this vital industry. Mayor Adams and the Mayor’s Fund set a first-year target to raise at least $500,000 for the scholarship fund that will allow students of color from New York City to support their undergraduate and graduate studies in journalism. People can donate directly to the fund to help support scholarships for students of color online.

“From Ida B. Wells to Jovita Idár, journalists of color have used the power of the press to shine a light on urgent issues and push our country forward. Unfortunately, too many newsrooms still do not look like the communities they cover, with Black, Brown, Asian-American, and so many other communities underrepresented in our press corps,” said Mayor Adams. “This scholarship fund for students of color will help support students from New York City as they work to repair the inequities we’re seeing in newsrooms, building new pipelines for students to become journalists and increasing the diversity of this essential industry.”

Surveys have found that a lack of diversity remains a deep-rooted issue in journalism. For instance, while Hispanic Americans make up 19 percent of the U.S. population, they make up eight percent of journalists. Similarly, Black Americans make up 12 percent of the U.S. population, but only make up just six percent of journalists, while Asian-American and Pacific Islanders make up seven percent of the U.S. population, but just three percent of journalists. Although newsrooms have made significant progress towards increasing diversity over the past several decades, racial and ethnic disparities continue to be a serious problem across the industry.

Moreover, growing headwinds risk exacerbating these disparities even further. The persistent closures of local newspapers have sealed off long-standing pathways into the industry for students seeking internships and entry-level jobs, while rising tuition costs leading to college debt and low-wages and salaries have made it difficult for many others to support themselves early in their career. These challenges call urgent attention to the need to build new pipelines into the industry for the next generation of journalists.

The Adams administration has already begun conversations with leading journalism schools across the country to discuss ways to effectively cross-promote this initiative and ensure that as many New York City students of color as possible can access both prominent journalism schools and this scholarship opportunity.

The Mayor’s Fund was created in 1994 to build public-private partnerships and raise private funding for critical initiatives in New York City. The Mayor’s Fund works with 50 city agencies and offices, 300 institutional funders, and 100 community-based partners to advance these initiatives across all five boroughs. For nearly 30 years, the Mayor’s Fund has helped the public and private sectors come together around initiatives that build a stronger, safer, and more just New York City.

Housing Lottery Launches For 1818 Prospect Avenue In Crotona Park East, The Bronx

 

The affordable housing lottery has launched for 1818 Prospect Avenue, a seven-story residential building in Crotona Park East, The Bronx. Developed by Moses Freund of The Vaja Group and designed by BTE Design Services, the structure yields 46 residences. Available on NYC Housing Connect are five units for residents at 130 percent of the area median income (AMI), ranging in eligible income from $147,292 to $227,630.

Residents will have access to a shared laundry room and garage. Units come with energy-efficient appliances, air conditioning, and high-speed internet. Tenants are responsible for electricity.

1818 Prospect Avenue in Crotona Park East, The Bronx via NYC Housing Connect

At 130 percent of the AMI, there are five three-bedrooms with a monthly rent of $4,296 for incomes ranging from $147,292 to $227,630.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than August 1, 2023.

EDITOR'S NOTE:

Affordable, who are you kidding?

STATEMENT FROM MAYOR ADAMS FOLLOWING VISIT FROM ISRAELI PRESIDENT HERZOG

 

New York City Mayor Eric Adams released the following statement after meeting with Israeli President Isaac Herzog today:

“President Herzog is a steadfast friend of our city, and, as we celebrate Israel’s 75th anniversary this year, I want to be clear that New York City and Israel share an unbreakable bond. I thank the president for meeting with me and NYPD Commissioner Caban today. We had productive discussions on how New York City and Israel can continue to collaborate on issues such as security, antisemitism, terrorism, and technology.   

 

“I am proud to be the mayor of the city with the largest Jewish population outside of Israel, but we are also not blind to the fact that many of the verbal attacks being thrown at all of our diverse communities are coming from a minority fringe. And friends are not silent when their friends are under attack. New York City would not be the city we are today without our Jewish community, our Muslim community, our Sikh, and Christian communities, and so many other rich and diverse cultures and religions. As we continue to work to defeat hate, I am proud to stand with President Herzog.”

Automaker Official Agrees to Plead Guilty to Conspiring to Violate the Clean Air Act

 

Emanuele Palma, 43, of automaker group FCA US, pleaded guilty today to a felony as a result of conspiring to violate the Clean Air Act (CAA). As alleged in court documents, Palma and others conspired to withhold information from the United States Environmental Protection Agency (EPA) regarding the design, calibration and function of the emissions control systems on more than 100,000 Model Year 2014, 2015 and 2016 Jeep Grand Cherokee and Ram 1500 diesel vehicles. The co-conspirators also misrepresented the vehicles’ emissions of pollutants, fuel efficiency and compliance with U.S. emissions standards.

According to court documents, Palma pleaded guilty to Count 1 of the Superseding Indictment – originally fined in 2019 – charging him with conspiring to violate the Clean Air Act. Sentencing is set for Oct. 17 in front of U.S. District Judge Nancy Edmunds, sitting in Detroit, Michigan.

“Senior auto officials at FCA US, including Mr. Palma, conspired to circumvent pollution standards and obtain EPA certifications for hundreds of thousands of SUVs and pickup trucks under false pretenses,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Today’s actions reflect the Justice Department’s continued and steadfast commitment to enforcing the Clean Air Act and holding individuals accountable for attempting to circumvent our Nation’s pollution standards.”

“Today’s guilty plea demonstrates EPA’s commitment to holding accountable those in management positions who intentionally withhold key information from regulators,” said Acting Assistant Administrator Larry Starfield of EPA’s Office of Enforcement and Compliance Assurance. “Mr. Palma’s guilty plea accompanies the earlier conviction of Fiat Chrysler for defrauding both the EPA and customers, as well as creating an unfair advantage over automakers who complied with the law.”

“Mr. Palma and those he worked with concealed material information from the EPA about how certain of Fiat Chrysler’s diesel engines operated. Our environmental laws depend on companies being honest and transparent with the EPA about the environmental impact of their products,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan. “The conduct in this case falls well short of that standard, and today’s guilty plea provides a measure of accountability for this deceptive conduct.”

According to Palma’s admissions and court documents, beginning at least as early as 2010, FCA US developed a new 3.0-liter diesel engine for use in FCA US’s Jeep Grand Cherokee and Ram 1500 vehicles (the Subject Vehicles) that would be sold in the United States. As alleged in the Superseding Indictment related to this plea agreement, Palma and others developed and calibrated the 3.0-liter diesel engine. Their responsibilities included calibrating several software features in the vehicles’ emissions control systems to meet emissions standards for nitrogen oxides (NOx), a family of poisonous gases that are formed when diesel fuels are burned at high temperatures, while also achieving best-in-class fuel efficiency targets set by FCA US. 

The Superseding Indictment alleges that the emissions control systems on the Subject Vehicles was purposely calibrated to produce less NOx emissions on the federal test procedures, or driving “cycles,” than when the Subject Vehicles were being driven by FCA US’s customers in the real world. One method that was used to effectuate this goal was called “T Eng,” a software function that affects the rate of exhaust gas recirculation.

According to court documents, Palma and his co-conspirators agreed not to disclose the existence of the T Eng function to the EPA. Palma knew that T Eng was properly the subject of regulation by the EPA, and in agreeing to withhold this information, he acknowledged concealing material information from that regulatory body. As a result of this concealment, material information was omitted from FCA’s applications for Certificates of Conformity from the EPA, which authorize the company to sell vehicles pursuant to the Clean Air Act. 

This plea is related to the corporate plea and sentencing of FCA US, LLC, in August 2022, where FCA US LLC, was sentenced and ordered to pay a fine of over $96.1 million; to satisfy a forfeiture money judgment of over $203.5 million; and to serve a three-year term of organizational probation.