Federal, State and Municipal officials take action addressing the impact of the remnants of Hurricane Ida imperiling of health and safety of those living in New York City and adjacent areas

On September 9, 2021, Governor Kathy Hochuland the Federal Emergency Management Agency announced the openings of several Disaster Recovery Centersthat will provide information, assistance and help for New Yorkers who were impacted by the storms and flooding caused by the remnants of Hurricane Ida while New York City Mayor Mayor Bill de Blasio issued Emergency Executive Order 346 addressing unsafe conditions imperiling health and safety.

 

Recovery specialists from FEMA and the U.S. Small Business Administration will be available to answer questions and provide information on the types of federal help available to homeowners, renters and business owners as a result of the major disaster declarations stemming from the hurricane. The Boroughs of the Bronx, Queens, Kings, Richmond and Westchester County were designated for Individual Assistance under the major disaster declaration for the Remnants of Hurricane Ida.

Mayor de Blasio's Emergency Executive Order is set out below:

WHEREAS, the public safety was imperiled by a flash flood emergency caused by the remnants of Hurricane Ida that flooded roads, impacted mass transit, stranded motorists, and caused widespread damage to residential and commercial buildings throughout the City, causing unsafe conditions in those buildings and imperiling health and safety;

WHEREAS, the state of emergency to address the remnants of Hurricane Ida, declared in Emergency Executive Order No. 230, and extended most recently by Emergency Executive Order No. 234, remains in effect; and

WHEREAS, additional reasons for requiring the measures continued in this Order are set forth in Emergency Executive Order No. 235;

NOW THEREFORE, by the power vested in me as Mayor of the City of New York pursuant to law, including Executive Law § 24, I hereby order:

Section 1.  I hereby direct that sections 1, 2, 3, 4 of Emergency Executive Order No. 235, dated September 7, 2021, are extended for five (5) days.

§ 2.  The City Cleanup Corps and relevant agencies shall work to clear debris in affected areas on both public and private property.

§ 3.  I hereby direct, in accordance with section 25 of the Executive Law, New York Civil Service Law 61(2) and Rules of the Personnel Rules and Regulations of the City of New York 5.1.1, that the City Cleanup Corps and staff from any agency, as designated by their Agency Head, shall assist the Commissioner of New York City Emergency Management to carry out the directives set forth in this Order.  The Commissioner of New York City Emergency Management is further directed to take all necessary steps required to carry out the directives set forth in the Order.

§ 4.  This Emergency Executive Order shall take effect immediately and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date.

Bill de Blasio
Mayor Bill de Blasio

Governor Hochul announces new appointments

On September 9, 2021, New York State Governor Kathy Hochul announced following new appointments to her administration.

 

Jeff Lewis has been appointed Chief of Staff to the Governor. Prior to joining the Governor's Office, Mr. Lewis served in the Office of then-Lieutenant Governor Hochul for more than six years, first as Director of External Affairs and then as Chief of Staff. Mr. Lewis has also served as Finance Director at Recchia for Congress (NY-11) and in staff roles on the Democratic Congressional Campaign Committee and in the U.S. House of Representatives, where he worked for then-Representative Hochul (NY-26). His political career began with an internship in the Office of then-Erie County Clerk Hochul. He holds a Bachelor's degree in politics from New York University.

 

Linda Sun has been appointedDeputy Chief of Staff. Ms. Sun previously served as Deputy Superintendent for Intergovernmental Affairs and Chief Diversity Officer at the NYSDepartment of Financial Services. She has also served as Deputy Chief Diversity Officer and Director of Asian American Affairs for the NYS Executive Chamber, Director of External Affairs for Global NY at Empire State Development and Chief of Staff toNYS AssemblymemberGrace Meng. Ms. Sun is the highest appointed Asian American in the administration and a first generation immigrant. She holds a Master's degree from Teachers College at Columbia University and a B.A. from Barnard College at Columbia University.

 

Melissa Bochenski has been appointed as Deputy Chief of Staff. She previously served as then-Lieutenant Governor Hochul's Deputy Chief of Staff. Prior to joining New York State, she worked as a Strategic Relations Analyst at Mand T Bank. From 2011-2013, she served as an Executive Assistant and Office Manager to then-Representative Hochul (NY-26). Ms. Bochenski holds a Bachelor's degree in political science from Canisius College.

 

Julissa Gutierrez was appointed in early 2020 as Chief Diversity Officer for the State of New Yorkand will continue to serve in this role under the Hochul administration. As Chief Diversity Officer, Ms. Gutierrez supports the Governor's programs and initiatives to increase diversity within the State's workforce and has already increased civic, economic and social empowerment in a variety of communities. In May 2021, Ms. Gutierrez was recognized by City and  State New York where she was named #1 on their first MWBEPower 50 List. Ms. Gutierrez previously served as Deputy Director of Constituency Affairs in the Governor's office, in a number of roles at the National Association of Latino Elected and Appointed Officials Educational Fund and as Special Assistant to the Commissioner at the New York City Department of Youth and Community Development. Ms. Gutierrez is a Board Member of the New Immigrants Community Empowerment, a Trustee for the Queens Public Library and a Board Member of the Queens Public Library Foundation. She holds a Master's degree in Social Service Administration from the University of Chicago and a B.A. in International Relations with a Minor in Women's Studies from the University of Delaware.

 

Shirley Paul, Esq. has been appointed Senior Advisor to the Governor. Prior to joining the Governor's office, she served as Assistant Director for Legislative Affairs at SUNY Systems Administration. Ms. Paul has worked in state government in various roles, including working with then-Lieutenant Governor Hochul as Senior Advisor and Counsel and as a Law Clerk in the NYS Court System. Ms. Paul started her career in public service in then Senator Joseph R. Biden's office. She is a member of several civic associations and professional organizations and was featured by City and State in their 2019 Class of Albany 40 Under 40 as a rising star in state government. Ms. Paul is a first generation Brooklynite of Haitian decent. She holds a Bachelor's degree in Political Science from Delaware State University, a Master's degree in Urban Planning and Administration from Brooklyn College and a Juris Doctorate from New York Law School.

 

Sinéad Doherty has been appointedDeputy Secretary for Executive Operations.Prior to joining the Governor's office, she served as Director of Operations for the California based children's non-profit, Good Tidings Foundation. Ms. Doherty worked on the Biden for America presidential campaign, supporting surrogate scheduling and advance in Iowa, after serving as the National Trips Director for the Amy For America campaign. She previously worked for then-Lieutenant Governor Hochul as Director of Operations, served as Confidential Assistant to then US Department of Health and  Human Services Secretary Sylvia Mathews Burwell, and was Deputy Director of Advance for then House Democratic Leader Nancy Pelosi. She holds a bachelor's degree in international relations from Boston University. 

 

Padma Seemangalhas been appointed Deputy Secretary for Policy Operations. Ms.Seemangal previously served as Director of Communications and Public Affairs at Global Strategy Group and as a Senior Advisor for then-Lieutenant Governor Hochul through the Empire State Fellows Program. She also served as Program and Communications Manager for Women Creating Change and Acting Executive Director of the Indo-Caribbean Alliance, Inc. She has served as a policy consultant for the Public Advocate for the City of New York and a team consultant for New York City Council Member Ritchie Torres and the New York City Department of Cultural Affairs. She holds a B.A. in English Literature Studies and Government from St. Lawrence University and a Master's degree in Urban Policy Analysis and Management from The Milano School for International Affairs at the New School.

 

Hazel Crampton-Hays has been appointed Press Secretary. Ms. Crampton-Hays most recently served as Press Secretary to New York City Comptroller Scott Stringer. Previously, she served in the Governor's Press Office, including as First Deputy Press Secretary. She holds a Bachelor's degree in Politics and Religion from Oberlin College.

 

Jelanie DeShong has been appointed Assistant Secretary for Intergovernmental Affairs. Mr. DeShong most recently served as Director of Government Relations for State University of New York Downstate Health Sciences University and previously as Director of Community Engagement for then-Lieutenant Governor Hochul. Mr. DeShong has spent almost a decade in senior roles at the state and local levels of government. Mr. DeShong is a first-generation Brooklynite of Grenadian heritage. He is a product of the City's public school system. Mr. DeShong is an active member of his community and lives in Flatbush, Brooklyn where he grew up.

 

Devan Cayea has been appointed Director of Strategic Planning and Scheduling. Prior to joining the administration, Mr. Cayea recently served on the transition team and in the office of Senator Alex Padilla (D-CA), is a former senior advisor and Director of National Strategic Planning for the Amy for America presidential campaign, and was the Director of Operations in Senator Klobuchar's Capitol Hill office. He also served on the Biden for America presidential campaign, coordinating national travel for Second Gentleman Doug Emhoff during the 2020 cycle. Mr. Cayea began his career as the Deputy Director of Scheduling and Advance for House Democratic Leader Nancy Pelosi (D-CA). Mr. Cayea holds a Bachelor's degree from American University.

 

Fohat Aird-Bombohas been appointedDirector of Advance. Mr. Aird-Bombopreviouslyserved in the Office of then-Lieutenant Governor Hochul where he was the Director of Advance and Special Events. Mr.Aird-Bomboworked on the 2020 presidential campaign for Mike Bloomberg as the New York Regional Operations Director. His previous positions also included serving as Senior Advance Lead for the Speakers of the New York City Council, Melissa Mark-Viveritoand Corey Johnson.Prior to that, he spent time working in the New York Public Schoolsystem as the Director of Operations. Mr. Aird-Bombo, who was born in the Bronx and raised in Brooklynreturned to the Bronx in 2018 to purchase his first home with his husband, Andy.

Administrative disciplinary proceedings via electronic means proposed by the NYS Liquor Authority

In an effort to modernize "outdated administrative disciplinary procedures" the New York State Liquor Authority has proposed amending 9 NYCRR §§54.1, 54.2, 54.3, 54.6 and 80.6 to provide for the service of pleadings via electronic means [see New York State Register I.D. No. LQR-36-21-00002-P] pursuant to Alcoholic Beverage Control Law §119, subdivisions (2) and (3) and §§201 and 203 of the State Administrative Procedure Act. 

Text of the proposed rule and any required statements and analyses may be obtained from Paul Karamanol, Esq., Senior Attorney, State Liquor Authority, 80 South Swan St., Suite 900, Albany, NY 12210, (518) 486-6743.

Data, views or arguments may be submitted Mr. Karamanol and public comment will be received until five days after the last scheduled public hearing.

Matters of public concern alleged to be defamatory uttered by a public official are entitled to a qualified privilege of immunity from liability if they involve the discharge of a public duty

In deciding this action brought by an individual [Plaintiff] alleging he had been defamed by a public officer, the Appellate Division observed that the elements of a cause of action to recover damages for defamation are the making of [1] a false statement that tends to expose a person to public contempt, hatred, ridicule, aversion, or disgrace; [2] published without privilege or authorization to a third party; [3]  amounting to fault as judged by, at a minimum, a negligence standard; and [4] either causing special harm or constituting "defamation per se".*

However, as the Court of Appeals said in Stega v New York Downtown Hosp., 31 NY3d 661, an allegedly defamatory "statement is subject to a qualified privilege when it is fairly made by a person in the discharge of some public or private duty, legal or moral, or in the conduct of his own affairs, in a matter where his [or her] interest is concerned." Further, a plaintiff may defeat the claimed qualified privilege by showing either common-law malice - "spite or ill will", or may show actual malice, - "knowledge of the falsehood of the statement or a reckless disregard for the truth."

The Plaintiff in this action sought to recover damages for alleged defamatory statements about the Plaintiff by a county executive officer [Respondent] to the media and in a written press release, which Plaintiff claimed, among other things, had injured Plaintiff's reputation.

Respondent moved for summary judgment dismissing the complaint contending that the allegedly defamatory statements were subject to a qualified privilege. Supreme Court agreed and granted Respondent's. Plaintiff appealed but the Appellate Division sustained the lower court's ruling.

The court explained that Respondent had established that his statements "constitute a matter of public concern and are thus entitled to a qualified privilege of immunity from liability" and that Plaintiff "failed to raise a triable issue that the statements were motivated by either common-law or actual malice."

Accordingly, said the Appellate Division, "Supreme Court properly granted the [Respondent's] motion for summary judgment dismissing the complaint."

* The defamation per sein New York are statements which: charge the plaintiff with a serious crime; state false facts that tend to injure the plaintiff in his or her business trade or profession; allege that the plaintiff has a loathsome disease; or impute that the plaintiff is unchaste.

Click HERE to access the Appellate Division decision.

 

An injury suffered by a firefighter that was incurred in the course of a training exercise held a risk inherent in the performance firefighter duties

The basic rule in resolving the denial of an application for accidental disability retirement is that [1] the applicant has the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law and [2] the retirement systems denial of such benefits will be sustained if supported by substantial evidence.

Citing Matter of Kenny v DiNapoli, 11 NY3d 873, the Appellate Division observed that "[f]or purposes of the Retirement and Social Security Law, an accident is defined as "a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact" and "an injury that results from the performance of ordinary employment duties and is a risk inherent in such job duties is not considered accidental."

As the injured firefighter bringing this action [Petitioner] was granted performance of duty disability retirement benefits, the Appellate Division opined that the sole issue "to be resolved at the administrative hearing" that resulted in the denial of Petitioner's application for accidental disability retirement benefits was whether incident underlying Petitioner's application constituted an accident.

Petitioner testified that, on the day in question, he and two other firefighters were engaged in a routine training exercise involving the simulated rescue of an injured firefighter. Petitioner, with the assistance of his fellow firefighter, began to lift the victim from the floor and as he did so, "the other firefighter apparently lost his grip, causing [Petitioner] to 'jerk forward' under the weight of the victim and his gear (approximately 285 pounds), which, in turn, caused injury to [Petitioner's" back."

There was no dispute that Petitioner was injured during a training exercise that, in turn, simulated a task that was part and parcel of his routine employment duties. The Appellate Division opined that while Petitioner asserted that the precipitating event, i.e., his fellow firefighter losing his grip on the victim, was unforeseeable, the fact "[t]hat a fellow employee might for some reason be unable to fully hold up his [or her] side of the load is by no means unexpected. It is, rather, an integral risk of lifting and carrying heavy objects" or, in this case, another firefighter.

Under the circumstances, the court concluded that substantial evidence supports "the [Retirement System's] finding that Petitioner was injured during the course of a routine training exercise and as the result of the ordinary risks arising therefrom," and confirmed the Retirement System's determination.

Click HERE to access the Appellate Division's decision.

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Disability Benefits for fire, police and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE.