Plugged In @ Hinman Straub – November 8, 2019

What’s Inside

  • Election Results
  • Governor Announces Appointments to the Appellate Division
  • State Education Department Announces New Acting Commissioner
  • Legislation Signed Allowing Public Water Suppliers Three Years to Pursue Legal Action Against Polluters
  • Regional Economic Development Councils Announce Presentation Schedule
  • Erie County Clerk’s Green Light Lawsuit Dismissed
  • Mannion Announces Candidacy for Newly Vacant State Senate Seat
  • Updates, Reminders, and Links
  • Coming Up

Election Results

*All results are election night results and do not take into consideration absentee and military ballot counts and as such are not final*

State Senate

Special Election to fill vacant seat (Cathy Young)

 Senate District 57

Austin Morgan (D) – 26.04%

George Borrello (R) – 68.01%

 County Executive

 Suffolk County

Steve Bellone (D) (Incumbent) – 55.02%

John Kennedy Jr. (R) – 43.77%

Gregory John Fisher (L) – 1.18%

 Dutchess County

Joseph Ruggiero (D) – 41.45%

Marc Molinaro (R) (Incumbent) – 58.53%

Ulster County

Patrick Ryan (D) (incumbent) – 64.07%

Jack Hayes (R) – 35.83%

Monroe County

Adam Bello (D) – 51.54%

Cheryl Dinolfo (R) (incumbent) – 48.43%

Erie County

Mark Poloncarz (D) (incumbent) – 53.5%

Lynne Dixon (R) – 46.5%

District Attorney

Nassau County

Madeline Singas (D) (incumbent) – 59.88%

Francis McQuade (R) – 40.09%

 Rockland County

Thomas Walsh (D) – 63.35%

Ken Zebrowski (WFP) – 11.41%

Mike Diederich (Serve Rockland) – 25.14%

 Ulster County

Dave Clegg (D) – 46.38%

Michael J. Kavanagh (R) – 53.61%

Onondaga County

Chuck Keller (D) – 38.44%

William Fitzpatrick (R) (incumbent) – 53.14%

 Monroe County

Shani Curry Mitchell (D) – 44.07%

Sandra Doorley (R) (incumbent) – 55.91%

Supreme Court

1st Judicial District

Martin Shulman

Shawn T. Kelly

Jennifer Schecter

 2nd Judicial District

Reinaldo E. Rivera

Ester Morgenstern

Donald S. Kurtz

Rosemarie Montalbano

Steven Z. Mostofsky

 3rd Judicial District

John C. Egan Jr.

Michael C. Lynch

Justin Corcoran

 4th Judicial District

James E. Walsh

Dianne N. Freestone

Rebecca A. Slezak

Michael R. Ceuvas

 5th Judicial District

Bernadette Romano Clark

Robert E. Antonacci, II

Joseph E. Lamendola

 6th Judicial District

Mark Masler

Chris Baker

Oliver N. Blaise, III

 7th Judicial District

Mathew Rosenbaum

Kevin Nasca

 8th Judicial District

Gerald J. Whalen

Deborah A. Haendiges

Diane Y. Devlin

 9th Judicial District

Gina C. Capone

Lewis J. Lubell

Steven I. Milligram

Nancy Quinn Koba         

10th Judicial District

Stephan J. Lynch

Angela G. Iannacci

David P. Sullivan

Christopher G. Quinn

David J. Gugerty

David P. Sullivan

11th Judicial District

Donna-Marie E. Golia

Stephen A. Knopf

Wyatt N. Gibbons

Lourdes M. Ventura

Phillip Hom

Maurice E. Muir

12th Judicial District

Wilma Guzman

Bahaati E. Pitt

John R. Higgitt

13th Judicial District

Orlando Marrazzo, Jr.

Governor Announces Appointments to the Appellate Division

Late last week the Governor announced five appointments to fill vacancies in the Appellate Division of the Supreme Court. Appointments are as follows:

  • Appellate Division, First Department: Honorable Lizbeth Gonzalez
  • Appellate Division, Second Department: Honorable Paul Wooten
  • Appellate Division, Third Department: Honorable John P. Colangelo and Honorable Molly Reynolds Fitzgerald
  • Appellate Division, Fourth Department: Honorable Tracey Bannister

Governor Cuomo said:

“These appointees represent some of the best and brightest legal minds in the Empire State, displaying exceptional integrity, temperament and commitment to public service. I am proud to appoint these judges to the Appellate Division of the Supreme Court and am confident they will do a great as stewards of New York’s judicial system.”

State Education Department Announces New Acting Commissioner

The Board of Regents made several leadership appointments including Shannon Tahoe as Acting Commissioner of Education effective Nov. 16. Appointments are as follows:

  • Shannon Tahoe, Acting Commissioner of Education and President of the University of the State of New York.
  • John D’Agati, Senior Deputy Commissioner for Education Policy.
  • Elisa Alvarez, Associate Commissioner for the Office of Bilingual Education and World Languages.
  • Jason Harmon, Assistant Commissioner for the Office of Accountability.
  • Lesli Myers-Small, Assistant Commissioner for the Office of Innovation and School Reform.

Board of Regents Chancellor Betty Rosa said:

“The State Education Department is in a time of transition and with transition comes opportunity. We have taken this opportunity to find the best and brightest to continue our goal of providing equity and a high-quality education for all students. The Board is fortunate to have both new and familiar faces to lead the Department. Shannon brings vast expertise in education matters and experience in leadership that will serve the Board and Department well in her new role as Acting Commissioner while the Board identifies an interim candidate to lead the Department.”

Legislation Signed Allowing Public Water Suppliers Three Years to Pursue Legal Action Against Polluters

Governor Cuomo signed legislation (S.3337C/A.5477C) clarifying the standard for commencement of an action by a public water supplier once pollution is detected in a public water supply. The three-year statute of limitations for public water and wholesale water suppliers to move forward with legal action against polluters resulting from contamination in a source of water supply will now run from:

  • The detection of a contaminate in the raw water of a well or plant intake sample point in excess of maximum levels set by the Department of Health or Environmental Protection Agency, or the date the contaminate is last detected in the raw water or plant intake sample point in excess of such maximum levels; or
  • The last wrongful act by a polluter contributing to the presence of the contaminant.
  • The date the contaminant is last detected in the raw water of each well or plant intake sampling point in excess of any notification level, action level, maximum contaminant level, or maximum contaminant level goal established by the commissioner of health, the department of health or the United States Environmental Protection Agency for that contaminant.

This three-year period will apply to each well and each plant intake for each contaminant separately, and the expiration of the three-year period at one well or plant intake will not affect the three-year period for another well or plant intake.

Governor Cuomo said:

“Polluters need to be held responsible for their actions and with this measure we are closing an unacceptable loophole that let them skate for far too long. With this law, we will be protecting public water supplies and will help ensure that water authorities are able to recover costs they deserve, that the public health is protected, and that taxpayers are not on the hook to clean up after the actions of these bad actors.”  

Regional Economic Development Councils Announce Presentation Schedule

This week, Empire State Development announced their upcoming meeting schedule where representatives from each of the ten Regional Economic Development Councils will present their progress reports to the Strategic Implementation Assessment Team (SIAT). The SIAT is led by Secretary of State Rossana Rosado and various members of the Governor’s cabinet. The SIAT will hear progress reports and review the priority projects submitted by each. Once all of the REDCs presentations has been made, the SIAT will deliberate on funding for each Region and announce in December. The meeting schedule is as follows and can be viewed remotely via this link:

Wednesday, November 6, 2019 Presentations held in Meeting Rooms 2-4
• 9:00 a.m. — Mohawk Valley
• 10:30 a.m. — Central NY
• 1:00 p.m. — Mid-Hudson
Monday, November 18, 2019 Presentations held in Meeting Room 6
• 9:30 a.m. — Southern Tier
• 11:00 a.m. — Western NY
• 1:30 p.m. — New York City
Tuesday, November 19, 2019 Presentations held in Meeting Room 6
• 9:00 a.m. — Capital Region
• 10:30 a.m. — Finger Lakes
• 1:00 p.m. — North Country
• 2:30 p.m. — Long Island

Erie County Clerk’s Green Light Lawsuit Dismissed

A lawsuit brought by the Erie County Clerk challenging the new state law allowing driver’s licenses to be issued to undocumented immigrants was dismissed by a federal judge in Buffalo. The judge ruled that the plaintiff lacked standing to challenge the law on the basis that the plaintiff failed to establish an injury that is recognized under the law. Other lawsuits have been filed elsewhere in the state, including one in Rensselaer County, which have yet to be heard. It is unknown if the Erie County Clerk intends to appeal the decision, though he is among a number of local elected officials that have pledged not to enforce the law citing an obligation to uphold federal law and the constitution.

Mannion Announces Candidacy for Newly Vacant Senate Seat

John Mannion has announced his intention to once again run for the 50th State Senate district. Senator Bob Antonacci currently holds an election night lead for a fifth department Supreme Court seat and provided that lead holds upon the conclusion of absentee and military ballot counts, the 50th senate district will be vacant. The Governor has suggested he would look to call a special election once the seat is officially vacated. It is being reported that a possible April special election to coincide with the presidential primary may be called by the Governor, though his office has not confirmed any date. John Mannion is a Syracuse school teacher who came close in his 2018 bid for the same seat.

Updates, Reminders, and Links

City & State NY’s Winners and Losers here.

Coming Up

A Joint Senate Assembly public hearing on the MTA 2020-2024 capital program will be held on November 12.

The Assembly Committees on Higher Education and Environmental Conservation will hold a public hearing on the environmental footprint of colleges and universities in New York on November 13.

The Senate Education and Budget and Revenue Committees will hold a series of public meetings around the state to hear stakeholder input regarding the components of the Foundation Aid formula in relation to student, district and community needs with a goal of greater equity in school financing on November 13, and November 19.

The Senate and Assembly Judiciary Committees will hold joint public hearings on court consolidation on November 13 and November 21.

The Senate will hold a public meeting on the prevalence of youth violence on November 13.

The PSC will hold its next meeting on Thursday, November 14.

The Assembly Committees on Codes and Correction will hold a public hearing on alternatives to incarceration and pretrial services on November 14. 

Joint Senate Task Force on Opioids, Addiction and Overdose Prevention will hold a public hearing on strategies for reducing overdoses, improving individual and community health, and addressing the harmful consequences of drug use on November 15.

A Joint Senate and Assembly public hearing to discuss the implementation of early voting throughout New York State will be held on November 20.

The Assembly will hold a public hearing to examine the effectiveness of Industrial Development Agencies (IDAs) and Local Development Corporations (LDCs) on November 22.

The Assembly Aging Committee will hold a public hearing on programs and services offered by Area Agencies on Aging for older New Yorkers and their caregivers on November 22.

The Senate Committees on Consumer Protection and Internet and Technology has rescheduled a public hearing on protecting consumer data and privacy on online platforms for November 22.

The Senate and Assembly Health Committees will hold a public hearing on the New York Health Act on November 25.

The Assembly Committees on Housing and Cities will hold a public hearing on affordable housing development on November 25.

The Senate Committee on Social Services will hold a public meeting to engage social service providers and advocates in a discussion of public assistance income and resource limits on November 26.

The Senate Committee on Mental Health has schedule a public hearing on OPWDD transition to managed care for December 2.

The Senate Education and Budget and Revenue Committees will hold a public hearing to examine the distribution of the Foundation Aid formula as it relates to pupil and district needs on December 3.

The Senate Committee on Budget and Revenues will hold a roundtable discussion of real property tax reform in New York City on December 4.

The Assembly Committee on Transportation will hold a public hearing on the Department of Transportation Capital Program on December 6.

**This meeting has been cancelled** The Senate Committee on Higher Education will hold a public hearing on the funding of public colleges on December 11.

The Assembly will hold a public hearing to examine capital funding for arts and cultural organizations on December 12.

The Assembly Committee on Libraries and Education Technology will hold a public hearing on funding of public libraries on December 13.