Plugged In @ Hinman Straub
May 28, 2021
What’s Inside
- Governor Announces Judicial Nominations
- Governor Announces Guidance for Employers Regarding Time Off for Vaccines
- Schools to Open by September
- State Reverses Guidance on Mask Wearing for Children in Day Care
- Additional Vaccine Incentives Announced
- Political Updates
- Reminders and Links
- Coming Up
Governor Announces Judicial Nominations and Appointments
The Governor announced a host of judicial nominations and appointments including nominations to fill two Court of Appeals seats left vacant by the retirement of Judge Stein and the passing of Judge Feinman. Madeline Singas, currently serving as Nassau County District Attorney, has been nominated to replace Judge Stein who is retiring in June. Anthony Cannataro, currently serving as the Administrative Judge in the Civil Court of the City of New York, has been nominated to replace Judge Feinman after his untimely passing. Both District Attorney Singas and Judge Cannataro were selected by the Governor from a list of qualified candidates submitted by the Commission on Judicial Nomination. The nominees will need to be confirmed by the Senate in the coming weeks.
Other nominees requiring Senate confirmation include:
New York State Court of Claims
- Honorable Linda Kelly Mejias
- Ramon E. Rivera, Esq.
- Alicia Gerez, Esq.
- Gary Francis Miret, Esq.
- Rhonda Ziomaida Tomlinson, Esq.
- Damaris E. Torrent, Esq.
- Honorable Debra L. Givens
- Phillippe Solages, Esq.
The Governor also appointed several Supreme Court Judges to the Appellate Division, including:
Appellate Division-First Department Appointees
- Honorable Julio Rodriguez
- Honorable Bahaati Pitt
- Honorable John Higgitt
Appellate Division-Second Department Appointees
- Honorable Hector D. LaSalle, Presiding Justice
- Honorable William Grandison Ford
- Honorable Joseph A. Zayas
- Honorable Deborah A. Dowling
- Honorable Lara Genovesi
Governor Announces Guidance for Employers Regarding Time Off for Vaccines
The Governor announced this week that the Department of Labor would be issuing guidance to all employers that any necessary recovery period from the COVID-19 vaccine is covered under the state’s Paid Sick Leave Law. The Governor cited hesitancy due to side effects of the vaccine as a reason why many had not yet been vaccinated. The Department of Labor responded by issuing a generic one page reminder that, under Labor Law Section 196-B, employees are allowed to take sick leave “for mental or physical illness, injury, or health condition, regardless of whether it has been diagnosed or requires medical care at the time of the request for leave.” The department concludes that, as a result, employers are obligated to honor the employee’s desire to use accrued sick leave for the recovery of any side effects of the COVID-19 vaccination.
Governor Cuomo said:
“The vaccine is the key to defeating COVID for good and we are doing everything we can to remove any and all barriers to getting shots in arms. Despite the side effects of vaccine being extremely limited, some studies have shown that there are individuals avoiding their shot out of fear of missing work the next day. I want to be crystal clear–no New Yorker will miss a day’s pay because of getting the vaccine. The Department of Labor will be issuing guidance to all employers reminding them that in the unlikely event someone needs time off after experiencing side effects, by law, that is considered a paid sick leave day. We have COVID on the ropes and we cannot give up now. The vaccine is safe, effective and available and the sooner everyone takes it, the sooner we can put the pandemic behind us and move forward into a brighter future.”
Schools to Open by September
The Governor announced that, based on current COVID trajectory, all schools will reopen for full in-person learning for the 2021-2022 school year beginning in September. The Governor’s comments echoed similar remarks made by Mayor de Blasio’s hours earlier. No guidance has been issued to this effect, but, it is notable that the Governor and Mayor are on the same page on this issue – as in the past they have often disagreed publicly.
Governor Cuomo said:
“Our children lost so much as COVID struck our state. A year of socialization, a year of memories, and even more. While teachers and school administrators did an incredible job pivoting to remote learning with virtually zero notice, there’s no denying the discrimination students who did not have the right equipment faced. With the way our COVID numbers are currently trending, there is no reason why our students should not get back to in-person learning as usual and we look forward to welcoming them back. If there is a change in the trajectory of the virus, we will revisit the decision.”
State Reverses Guidance on Mask Wearing for Children in Day Care
The Department of Health (DOH) and Office of Children and Family Services (OCFS) has reversed its guidance requiring children and toddlers to wear face masks at day care centers and summer camps after sparking outrage from parents across the state. The mask wearing guidance for day care centers was issued at the same time the state adopted the relaxed CDC guidelines for vaccinated adults, causing confusion for parents and day care centers alike. Members of the legislature began calling for the guidance to be reversed almost immediately.
In a joint statement, DOH and OCFS said:
“Both agencies understand how difficult it is to require the youngest children to wear masks, and have jointly agreed to revise guidance allowing child care providers to continue the practices and protocols that have been in place since the start of the pandemic by encouraging, not requiring, children aged 2-5 to wear masks, effective immediately. The safety of the children in child care programs is of paramount importance. As more families are returning to work, New York State is investing federal funds in stabilizing the industry and expanding child care programs throughout the state, especially in underserved areas.”
Additional Vaccine Incentives Announced
The Governor announced yet another incentive program for 12 to 17 year-olds to get vaccinated for COVID-19. Participants can enter into a random prize drawing and potentially receive a full scholarship to a SUNY or CUNY college beginning May 27. Winners receive a full scholarship to any public college or university, including tuition and room and board. New York State will administer the random drawing and select 10 winners a week over five weeks for a total of 50 winners. Federal COVID-19 relief and outreach funds will be used to cover the cost of this vaccination incentive program.
Governor Cuomo said:
“Vaccination rates across the state are beginning to slow and our greatest need is with young New Yorkers who make up a large percent of positive cases and have the lowest vaccination percentage in the state. To better reach this population and defeat COVID once and for all we need to get creative in our efforts. We’re offering all 12- to 17-year-olds a potentially life-changing opportunity—a full scholarship, room and board at any public college or university in New York—in exchange for getting vaccinated. And the earlier you get vaccinated, the more chances you have to win—it’s free, there’s no appointments and you also have a chance to win a full scholarship, so if you haven’t already done so, go get vaccinated.”
Political Updates
Is Cuomo treading water, or has he stabilized?
Why Andrew Cuomo just might win again.
Gov. Cuomo says he often turns to brother for advice.
NY Times: Who’s Winning the New York Mayor’s Race? Even Pollsters Are Confused.
It might be mid-July before we know primary winners.
Molinaro endorses Zeldin in GOP primary for Governor.
Rochester Mayor Lovely Warren is trailing her primary opponent in new poll.
Reminders and Links
City & State NY’s Weekly Winners and Losers here.
Susan Arbetter interviews Assembly Speaker Carl Heastie.
Coming Up
**RESCHEDULED** The Senate will hold a roundtable discussion to evaluate the State’s response to COVID-19 at residential facilities for developmentally and intellectually disabled individuals on June 3.
The Board of Regents will hold their next meeting on June 7 and 8.
The Public Service Commission will hold its next meeting on June 17.
JCOPE will hold its next meeting on June 29.