Plugged In @ Hinman Straub

April 23, 2021

What’s Inside

  • Comptroller Requests Attorney General Investigate Issues Surrounding Governor’s Book
  • Walk-In COVID Vaccination Appointments
  • Senate Majority Leader Previews End of Session Priorities
  • Judge Rules Law does not Prohibit Broker Fees
  • New Siena Research Institute Poll
  • Political Updates
  • Reminders and Links
  • Coming Up

Comptroller Requests Attorney General Investigate Issues Surrounding Governor’s Book

State Comptroller Tom DiNapoli sent a letter to the Attorney General to request an investigation of the Governor regarding the use of state resources for personal purposes. The referral stems from allegations that the Governor used staff and materials to help in the development and production of his book American Crisis: Leadership Lessons from the COVID-19 Pandemic. Numerous reports have surfaced that the Governor’s top aides assisted the Governor in writing and editing the book and that lower level staffers were asked to print copies on state printers and deliver to the Governor’s residence. A senior aide to the Governor defended the administration saying that all staff used their own time to work on the book and accused the Comptroller and Attorney General of political self-interest.

Rich Azzopardi, Senior Advisor to the Governor said:

“We have officially jumped the shark — the idea there was criminality involved here is patently absurd on its face and is just the furthering of a political pile-on. This is Albany politics at its worst. Both the comptroller and the attorney general have spoken to people about running for governor, and it is unethical to wield criminal referral authority to further political self-interest‎.”

Walk-In COVID Vaccination Appointments

This week, the Governor announced that beginning today 16 mass vaccination sites will accept walk-in appointments for individuals age 60 and older. New York State will set aside a vaccine allocation to facilitate this expanded vaccination access. There may be a wait for those opting to walk-in at some sites depending on demand. Additionally, all proof of identity and insurance information, if applicable, will be needed.

Governor Cuomo said:

“Every day our state moves closer to a post-pandemic future by vaccinating more New Yorkers, and we’re building on that momentum by making it easier for our residents to get vaccinated, expanding eligibility and opening new vaccination sites across the state. We’re taking that effort a step further and making the vaccine more accessible to older New Yorkers by allowing walk-ins to get vaccinated at 16 mass vaccination sites. A robust vaccination program is vitally important to the public health, and we’re working 24/7 to get shots in arms, protect New Yorkers and move the state forward.”

Senate Majority Leader Previews End of Session Priorities

Senate Majority Leader Andrea Stewart-Cousins held a press conference this week to discuss end of session priorities for her conference. Among the topics discussed included the Governor’s pandemic powers, suggesting that the new requirements requiring the Governor to provide the legislature with more information prior to extending Executive Orders is working well. The Majority Leader said that there is an appetite in her conference for looking at JCOPE reforms in the coming weeks. Notably, when asked whether or not they will pass a government run single-payer health system, Senator Stewart-Cousins said they had not conferenced the issue yet, noting that they were close to agreement on bills that would address staffing ratios in hospitals and nursing homes.

Senator Stewart-Cousins said:

“I haven’t had any conversations with the governor about a particular legislative agenda, but we’ll be moving and we will continue to work with our partners, the Assembly, et cetera, and move legislation as we see fit.”

Judge Rules Law does not Prohibit Broker Fees

A Supreme Court Judge ruled that broker fees are not prohibited by the Housing Security and Tenant Protection Act of 2019, as the Department of State had originally asserted in guidance issued by the department. The Real Estate Board of New York and the New York State Association of Realtors filed an Article 78 petition to overturn the February guidance, claiming that the 2019 legislation did not clearly restrict broker’s fees from being placed on tenants.

Acting Supreme Court Justice Susan Kushner wrote in her decision:

“The prohibition was intended to apply to application fees, background check fees, credit check fees, and any other fees imposed as a pre-condition to negotiations for entry into a lease agreement. No reference is made to ‘broker’s commission’ in the statute…[t]he guidance was issued in error of law and represents an unlawful intrusion upon the power of the Legislature and constitutes an abuse of discretion.”

New Siena Research Institute Poll

Siena College Research Institute released a new poll this week that was in the field from April 11 through April 15. The poll focused on various questions around the Governor and the scandals surrounding him and his administration, as well as, questions around the budget various proposals that were recently enacted.

The poll found that the Governor’s favorability rating has dropped to its lowest ever level. In terms of electability, of those polled, only 33% believe the Governor should be re-elected. A plurality of voters believe the Governor committed sexual harassment. It was not all bad news for the Governor however. According to the survey, a majority of voters do not believe the Governor should resign right now, are satisfied with allowing the independent investigation to continue, and that the Governor is capable of Governing amid the distractions.

When asked if voters believe this year’s state budget will be good or bad for New Yorkers only 38% said they believed it would be good for them with 36% saying it would be bad for New Yorkers. Looking at the cross tabs reveals that independent voters strongly believe this budget is bad for New Yorkers. Upstate and Suburban voters agree by a plurality that the budget will be bad for them. Democrats, by far the largest portion of New Yorkers, believe strongly that this budget will be good for them.

Strong support was found for major provisions recently signed into law with a majority of voters approving of the legalization of recreational marijuana, the excluded workers fund, and the personal income tax increase on the state’s highest earners. Over 70% of those polled approved of increasing taxes on the state’s highest earners.

Political Updates

Impeachment probe of Cuomo moving swiftly with 70 witnesses contacted.

United Federation of Teachers endorses Scott Stringer for mayor.

Andrea Stewart-Cousins says she won’t run for governor against Cuomo.

Albany Times Union: Team Cuomo is already attacking Tish James.

WSJ: New York Republicans Make Their Case to Take on Gov. Andrew Cuomo.

Rep. Lee Zeldin raises $2.5 million in bid for governor.

Zeldin racks up local Republican county endorsements in governor’s race.

Rep. Katko says he’s not running for New York governor at this time.

Reminders and Links

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

Coming Up

*POSTPONED TBD* 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 Senate will hold a public hearing on diversifying agriculture and addressing food justice alongside continuing inequalities in our food systems 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.