Plugged In @ Hinman Straub

March 26, 2021

What’s Inside

  • Assembly Judiciary Committee Holds First Impeachment Investigation Meeting
  • New York Expands Vaccine Eligibility to People Age 50 and Older
  • Spending Cuts Not Required According to Budget Director
  • Senate Majority Makes JCOPE Appointment
  • Speaker Heastie Tests Positive for COVID
  • New York Extends Tax Filing Deadline
  • Judge Feinman Resigns from Court of Appeals
  • Congressman Reed Announces He Won’t Seek Elected Office Following Sexual Harassment Allegations
  • Political Updates
  • Reminders and Links
  • Coming Up

Assembly Judiciary Committee Holds First Impeachment Investigation Meeting

The Assembly Judiciary Committee held its first impeachment investigation meeting this week to introduce the outside legal team that will be conducting the investigation. Representatives from the firm Davis Polk & Wardwell fielded questions from committee members specific to how the investigation would proceed. Chairman Lavine announced that the investigation would pursue the sexual harassment claims made against the Governor, as well as, whether or not the administration withheld information regarding nursing home deaths and covered up structural issues with the construction of the Mario M. Cuomo Bridge. The most significant news from the meeting came from the Chairman when he suggested the investigation will take months, rather than weeks, to complete.

Some of the Governor’s accusers have declared their intention to avoid participating in the investigation, believing the integrity of the process is compromised. Ana Liss, one of the Governor’s accusers, said “[w]ith regard to the Assembly probe, I am ill at ease. I cannot confidently participate knowing about the controversial ties, lack of transparency, politicization, and non-participation on behalf of my fellow accusers whose claims are more egregious/explicit than mine.” When questioned by committee members, representatives from Davis Polk said they hoped that once the accusers see how the investigation is conducted, they will voluntarily participate.

The Chairman also noted that going forward, committee meetings regarding the investigation will be held in executive session and closed to the public.

New York Expands Vaccine Eligibility to People Age 50 and Older

Vaccine eligibility was opened to all New Yorkers over the age of fifty this week. New Yorkers seeking to determine eligibility and schedule an appointment at a state-run mass vaccination site, can visit the ‘Am I Eligible’ website. New Yorkers may also call their local health department, pharmacy, doctor, or hospital for additional information and to schedule appointments where vaccines are available.

Spending Cuts Not Required According to Budget Director

This week, during a press conference, the Budget Director gave an update on the state’s fiscal outlook. According to the Budget Director, the economy has rebounded more quickly than anticipated, leading to a projected revenue adjustment of an additional $2.5 billion. This, coupled with the additional $2.5 billion identified earlier as part of the consensus forecast between the Executive and the Legislature, makes for a total of $5 billion more than originally anticipated. The Budget Director said this would allow for full restoration of all cuts proposed by the original Executive Budget without requiring additional revenues.

On Wednesday, during a separate press conference, the Governor contradicted this position suggesting that there would still be some need for additional revenue. The reversal leaves the door open for tax increases as negotiations develop on a final budget.

Robert Mujica said on March 22nd:

“Since then we have more clarity so as of now and our latest talks with the Legislature and staffs have been meeting throughout last week and over the weekend and we’ve identified over $5 billion in resources available that could be used to restore all of the reductions in the Executive Budget proposal so what that means is we have an additional $2.5 billion in revenue from the consensus revenue forecast which is really that there has been a recovery faster than we had anticipated. We haven’t quite recovered completely but the projection adds another $2.5 billion which were previously announced, and then we have additional federal aid.”

“Together those provide us with over $5 billion which is enough to restore all of the reductions that were proposed in the Executive Budget. So as of right now we have the resources necessary so that there would be no cuts in the Governor’s Budget so you wouldn’t require any significant level of tax increases to pay for the restorations.”

Governor Cuomo said on March 24th:

“My number has been two and a half billion dollars, they’re at $7 billion … On the matter of policy, and what we try to do is compromise, the entirety.”

“I tried to convince them on all the items that we just discussed. I tried to convince them on rebuilding, public safety, cannabis, green economy, nursing home reforms two and a half billion versus $7 billion, right? They try to convince the opposite way. And that’s the budget compromise.”

Speaker Heastie Tests Positive for COVID-19

Assembly Speaker Carl Heastie announced this week that he has tested positive for coronavirus. The Speaker said he is experiencing “extremely mild” symptoms and insisted that budget negotiations would not suffer due to his status. Assemblyman Ron Kim also disclosed that he received a positive test result.

Speaker Heastie said:

“After feeling under the weather, I was tested for COVID-19 and received a positive result this morning. I am currently experiencing only extremely mild symptoms. I am in frequent contact with my physician and look forward to a full recovery. This is a reminder to everyone that we must continue to be vigilant –wear a mask, wash your hands, practice social distancing and get tested if you are feeling any symptoms.”

Judge Feinman Resigns from Court of Appeals

Judge Paul G. Feinman has informed Chief Judge DiFiore and the Court that he is retiring effective March 23, 2021, to attend to health concerns. Judge Feinman joined the Court June 21, 2017. The state’s Commission on Judicial Nomination will seek applications from candidates to fill the vacancy left by Feinman’s departure, pick a slate of finalists and present it to the governor, who then picks the nominee. The Senate would then need to confirm the nomination.

Chief Judge Janet DiFiore said:

“Judge Feinman is an exceptional Judge and a magnificent human being who has made an extraordinary contribution to this institution during his tenure. He will be greatly missed.”

New York Extends Tax Filing Deadline

In a brief statement issued this week the Governor’s Budget Director announced that New York will follow the federal decision to delay the tax filing deadline by one month. The new deadline to file both federal and state taxes is now May 17th.

Robert Mujica said:

“At the Governor’s direction, the Department of Tax and Finance will be extending the New York State income tax deadline to May 17 to align with the federal decision to do the same. This 30-day extension provides New Yorkers still coping with the complications of the COVID-19 pandemic ample time to file. This will shift approximately $6 billion of revenue from April to May and the State will make any necessary adjustments to cash-flow.”

Congressman Reed Announces He Won’t Seek Elected Office Following Sexual Harassment Allegations

Congressman Tom Reed released a statement apologizing for his actions surrounding the sexual harassment allegations made against him. In the statement, Reed said he does not remember the violation, but, during that time he was struggling with alcoholism. He has since sought treatment for that issue. Reed also announced that not only would he not be seeking re-election, but, that he would not be seeking any elected office. He had previously announced he was considering a run for Governor.

Political Updates

WSJ: How New York Gov. Andrew Cuomo Is Fighting for Political Survival here.

Tom Reed’s re-election decision will have political implications.

Chemung County Executive Chris Moss considering run for 23rd Congressional District.

Could Assembly Speaker Carl Heastie be Cuomo’s lifeline?

Who will represent the Southern Tier in Congress after Tom Reed retires?

Reminders and Links

City & State NY’s Weekly Winners and Losers here.

City & State NY’s 2021 Real Estate Power 100 here.

Survey finds opposition to health care taxes in New York.

Follow the science on legalization of recreational marijuana.

Business groups raise safety, insurance concerns with cannabis legalization.

Coming Up

The Senate will hold a public hearing on diversifying agriculture and addressing food justice alongside continuing inequalities in our food systems on April 7.

The Senate will hold a public hearing on East Side Access/East Side Tunnel project oversight (MTA/Amtrak) on April 7.

The Board of Regents will hold their next meeting on April 12 and 13.

The Senate will hold a public hearing to discuss and receive input from stakeholders on the Climate and Community Investment Act (CCIA) on April 13.

The Public Service Commission will hold its next meeting on April 15.

The Senate will hold a public hearing to examine potentially unfair and deceptive practices occurring in New York State’s primary and secondary ticket marketplaces for live events in order to identify any legislative and policy reforms that would help ensure sales are fair, equitable, transparent, and accessible for consumers and other stakeholders on April 22.

JCOPE will hold its next meeting on April 27.