THE "PORK" IN NEW YORK, Thoughts of an older American on Constitutional Government in the USA Options

[Livyjr]

"NY Republicans' bid for gas tax 'holiday' sputters in tough times, suspicion of oil industry"

Associated Press

Last updated: 6:22 p.m., Wednesday, April 30, 2008

ALBANY -- Republicans in the New York Senate and Assembly say cutting the local, state and federal taxes on gasoline could save up to $10 per fill-up during their proposed "summer holiday" from gas taxes.

But many political and economic obstacles stand in the way of the election-year proposal.

Democratic Gov. David Paterson says he won't reject the push by Senate Republican leader Joseph Bruno and Assembly Republican leader James Tedisco.

But he says there's no guarantee gasoline suppliers and retailers wouldn't simply jack up the price even if the taxes are eliminated over the summer.

Paterson also questioned if the state can afford the loss of millions of dollars in revenue after years of spending too much and in the face of historic deficits.

Paterson said it's a "leap of faith" that prices at the pump would be cut by the amount of the taxes without some pledge by the industry.

"This is something we could legislate, but not implement," he said.

He also said the state can't afford the revenue loss if there no guaranteed cut in gas prices because he predicts state deficits of up to $20 billion over the next three years.

But Bruno said the cut in the state, local and federal tax -- or even just cutting the state tax -- would likely pay for itself.

He said New Yorkers would have more money to spend on groceries and clothes and that the cut could entice more tourism.

He said a summer without gas taxes could save $7.20 to fill-up a car or $10 to fill-up a sport utility vehicle or truck.

Gas prices are expected to hit $4 a gallon and more this summer.

"That's the objective here, to stimulate the economy," Bruno said.

The state tax is 32.8 cents per gallon, the federal tax is 18.4 cents and the local tax is 13.9 cents.

If all taxes were suspended from Memorial Day to Labor Day, New Yorkers would see about a 65-cent cut in price to $3.93 per gallon, instead of $4.58 per gallon, said Bruno, a Rensselaer County Republican.

"High gas prices have a negative multiplier effect, driving up the cost of everyday goods," said Tedisco, a Schenectady Republican.

"The fastest way to put the brakes on rising fuel, food and other commodity costs is by instituting a much-needed holiday from the state fuel taxes for motorists and businesses."

Democratic Assembly Speaker Sheldon Silver said the "Republicans are trying to hide from the failures of the Bush administration."

"I believe that oil companies will simply raise their prices to eliminate any cost savings," Silver said.

He said the Republicans should call the Bush administration and demand action to solve the problem.

[Livyjr]

From the volume "TOWN" Law in the State of New York

ARTICLE 1

SHORT TITLE; DEFINITIONS

Section 1. Short title.
2. Definition of town.

Section 1. Short title. This chapter shall be known as the "town law."

S 2. Definition of town. A town is a municipal corporation comprising the inhabitants within its boundaries, and formed for the purpose of exercising such powers and discharging such duties of local government and administration of public affairs as have been, or, may be conferred or imposed upon it by law.

"Paterson wants to streamline governments in NY - Paterson proposes consolidating web of small governments to save New York taxpayers' money"

By VALERIE BAUMAN, Associated Press

Last updated: 4:32 p.m., Wednesday, April 30, 2008

ALBANY -- Gov. David Paterson is proposing legislation he said could save New Yorkers as much as $50 million by consolidating different functions of local municipalities.

The Commission on Local Government Efficiency, formed last year by former Gov. Eliot Spitzer, released a final report Wednesday to Paterson.

The commission's goal was finding ways to reduce the number local government entities -- now more than 4,200 -- to help rein in property taxes, which are among the highest in the nation.

It's an ambitious undertaking that New York politicians have been attempting for decades -- but it faces strong opposition from the unions that profit from the growth of government and duplicated services.

"We recognize that this has been tried before," Paterson said.

"But we are in an economic time that may be unparalleled."

The commission's ideas include consolidating school districts and centralizing local government functions, like tax collection, emergency dispatch, civil service and records offices.

They also recommend moving New York toward a single, state-run jail system and to consolidate "special districts" with separate commissioners who handle water, sewer and garbage services.

The state AFL-CIO and the Civil Service Employee Association quickly rejected the commission's recommendations.

"The report unfortunately presents a one-sided point of view on how local governments can achieve cost savings in New York state," AFL-CIO President Denis Hughes said in a written statement.

But many politicians have said consolidation is crucial to trimming the tax burden.

"Right now, property taxes in New York state is the number one issue," said Sen. Betty Little, a Warren County Republican.

"County officials consider property taxes the most important challenge facing state and local government," said Stephen Acquario, executive director of the New York State Association of Counties.

"Collectively, we should reduce the property tax burden ... this cannot be accomplished when the policies and directives that come from Albany call for more costly programs that must be funded with local property taxes."

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On the Net: http://www.nyslocalgov.org

[Livyjr]

How very disingenuous David Paterson is ....

And how very stupid he must think we are ....

No money for essential government services ....

BUT ALL THE MONEY IN THE WORLD FOR "PORK" ...

And so ...

"$340M exempted as state seeks cash - Unspent money for lawmakers' pet projects shielded from seizure"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Wednesday, April 23, 2008

ALBANY -- New York's lawmakers are sitting on a stash of $340 million in unspent discretionary funds, but the Paterson administration can't touch the money as it searches for extra cash.

The pool of member item money, appropriated in past years for pet projects of the 212 lawmakers, is almost twice as big as the state's $175 million emergency "rainy day fund."

But even if Gov. David Paterson depletes that fund in emergencies, such as an unexpected revenue shortfall, the Legislature's unused member item funds are off limits.

The 2008-09 budget legislation gave the Division of the Budget authorization to "sweep" up to $150 million from surplus accounts.

But the budget language specifically exempted member item funds, commonly known as pork.

Paterson, worried about a further slowdown in the economy and possible midyear cash shortages, has been looking for ways to cut costs.

This week, he called on state agencies to tighten their belts and fill only "essential" vacant jobs.

But the Legislature's discretionary funds are currently safe.

Also protected now are three other potential sources of money that the Legislature and Paterson agreed to exclude from sweeps: capital funds, the bigger grants used by lawmakers and the governor that are supposed to spur economic development; debt service money, which funds some of the capital pork; and federal funds.

The comptroller's office said the state has accumulated $33 billion in unspent capital funds.

HE SHOULD KNOW ...

AFTERALL, HE HELPED TO GET US HERE ...

AND DID NOTHING TO PREVENT IT WHEN HE HAD THE OPPORTUNITY ...

AND RIGHT NOW, HE IS STILL DOING HIS UTMOST TO PROTECT THE "SLUSH FUNDS" THAT THE LEGISLATURE HAS CREATED FOR ITSELF AND THE OFFICE OF GOVERNOR BY ITS CONTINUAL LOOTING OF OUR STATE TREASURY ...

And so ...

"Paterson warns of historic deficits in NY, could soon total $20 billion without cost-cutting"

Associated Press

Last updated: 4:12 p.m., Wednesday, April 30, 2008

ALBANY -- Gov. David Paterson says New York state government is headed for deficits that could total $20 billion over the next three fiscal years.

He says the deficits will likely be bigger than New York has ever seen.

The Democrat is warning that continued declines in revenue means the legislature must help him achieve spending cuts of as much as 10 percent for the fiscal year that begins in April 2009.

He says legislative leaders so far are cooperative.

Senate Republican leader Joseph Bruno is more optimistic.

He says he will work with Paterson to cut spending, but says he expects an economic recovery next year.

The legislature adopted a current $121.7 billion budget that filled a nearly $5 billion deficit and increased spending just under 5 percent.

[Livyjr]

"Book about rise and decline of former New York Gov. Eliot Spitzer to be published by Penguin"

Associated Press

Last updated: 12:22 p.m., Wednesday, April 30, 2008

NEW YORK -- A book about the rise and stunning decline of former New York Gov. Eliot Spitzer, co-authored by the makers of a book and documentary about the fall of Enron, is being published by Penguin Group (USA), Penguin imprint Portfolio announced Wednesday.

Peter Elkind, who helped write the 2003 best-seller "Enron: The Smartest Guys in the Room," is collaborating on the Spitzer book with filmmaker Alex Gibney.

Gibney and Elkind will also work on a documentary about the law-and-order Democrat who resigned last month over allegations about his connection to a $5,500-an-hour call girl ring.

The book and film, currently untitled, are expected to come out around the same time, but no release date has been set.

"We know Peter to be a spectacular investigative reporter, just spectacular," Portfolio publisher and President Adrian Zackheim told The Associated Press.

"This is not a quickie book."

"He's going to do what he does best: Come back with a very, very satisfying, in-depth and complicated story."

Elkind is a senior writer for Fortune magazine and in 2004 wrote a cover story about Spitzer, who was then New York's attorney general.

Zackheim said he's not expecting Spitzer to cooperate with the current project, but added that "it's not inconceivable."

Gibney's film about Enron, also called "Enron: The Smartest Guys in the Room," came out in 2005.

[Livyjr]

AND WHILE WE ARE ON THE SUBJECT OF THE PARASITIC TEACHERS' UNIONS HERE IN NYS ...

THIS IS LIKE THE RATS ON A FARM GETTING GOVERNMENT CONTROL OVER THE FARMER, SO THAT HE NOT ONLY HAS TO KEEP THE CORNCRIB FULL FOR THEM ...

BUT CONSTANTLY HAS TO WORK TO MAKE IT EVER BIGGER ...

THESE TEACHERS ARE GREEDY THIEVES WHO DO LITTLE MORE THAN TURN OUT BATCHES OF STUPID, IRRESPONSIBLE CHILDREN WHO LEARN GREED FROM THESE TEACHERS ....

AND NOT MUCH ELSE ...

And so ...

"New York school unions lobby against property tax cap - Teachers' union lobbies against property tax cap plan to limit school spending in New York"

By MICHAEL GORMLEY, Associated Press

Last updated: 1:12 p.m., Sunday, April 27, 2008

ALBANY -- A special commission created to find a way to cap New Yorkers' property taxes may not call for a cap after all.

The powerful New York State United Teachers union opposes the cap that would limit how much most school districts could raise through the local tax levy.

The group, which spends millions on lobbying and campaign contributions, last month helped win a record increase in school aid despite hard fiscal times, fought off a tougher requirement for getting tenure, and even got a statewide day of commemoration for teachers.

"When asked to choose between quality schools and lower taxes, parents and community members repeatedly vote in favor of investing more in public education," said Alan B. Lubin, NYSUT's executive vice president.

AND WHILE THESE TEACHERS' UNIONS ARE DEMANDING EVER MORE MONEY FROM US ...

"Deputies: upstate NY teacher-student relationship improper - Upstate NY music teacher charged with having improper relationship with young female student"

Associated Press

Last updated: 12:22 p.m., Wednesday, April 30, 2008

MORRISTOWN, N.Y. -- Police are charging an upstate New York music teacher with engaging in an inappropriate relationship with a female student.

St. Lawrence County Sheriff Kevin Wells says 38-year-old Daniel Frick is being charged with endangering the welfare of a child, a misdemeanor.

Wells says there was no sexual contact between Frick and the student, only hand-holding and kissing.

Wells says the incidents occurred between July and October 2007 at Morristown Central School when the girl was under age 17.

Frick, of Potsdam, is being held on $5,000 cash bail or $10,000 bond while awaiting his next appearance in Morristown Town Court.

Superintendent Beverly Ouderkirk says Frick is suspended with pay while the case is pending.

He has taught at Morristown for the past two years.

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"Better view of retail vision - Greene County residents more welcoming of scaled-down complex near Thruway Exit 21B"

By ALAN WECHSLER, Business writer, Albany, New York Times Union

First published: Wednesday, April 30, 2008

COXSACKIE -- After more than a year of controversy, a scaled-down retail project has finally won acceptance.

Criticized as too big in the past, the now-smaller, 1.3 million-square-foot proposed development off Thruway Exit 21B in New Baltimore won widespread praise from supporters and critics alike at a hearing Tuesday night at the Coxsackie-Athens Middle School.

The hearing was held to gather public comment on a required environmental review.

Those who had been adamantly opposed to the project at previous meetings thanked the Greene County Industrial Development Agency for listening to concerns and reducing the project by 37 percent.

The IDA proposed making the 300-acre site just off Route 9W shovel-ready to sell to someone who would actually develop the project's retail and commercial components.

The new version of the site plan calls for doing away with some of the more extravagant parts of the proposal -- such as building a new Thruway exit to connect directly to the property -- while still allowing space for such ideas as a performing arts center, an antiques barn and a historic farm restoration project.

"I like the supplemental plan," said Roger Downs, who had previously been opposed to the project as a member of Citizens for Alternatives to the Multi-use Park, or CAMP.

More than 40 people attended Tuesday's hearing.

Introduced by the IDA more than a year ago, the project was seen as a way for locals to have a say in how their region was developed -- while at the same time keeping property taxes down.

When residents balked at the original size, the IDA agreed to make it smaller.

On Tuesday, more than a half-dozen residents, ranging from town supervisors to environmentalists, said they were impressed.

"I still have reservations," said Liz LoGiudice, a member of CAMP.

"But I'm very pleased that I've been heard."

The IDA spent more than $1 million to create an environmental impact statement, which is expected to be approved later this spring.

The IDA would purchase the land for the project from three different property owners and sell it to a master developer as soon as the end of this summer.

IDA Executive Director Alexander "Sandy" Mathes said he already has had talks with two potential developers.

Attractive to them is a site that already has gone through the sometimes-lengthy environmental review.

Any specific proposals would still need approval from the New Baltimore Planning Board.

The developer would agree to construct facilities for a major retail tenant, a hotel and recreation center, as well as office and industrial space.

The IDA has agreed to buy 1,200 acres of land and set it aside as green space -- a move that impressed some critics.

"I'm very pleased the community has reacted so favorably," Mathes said.

"We were sincere about listening."

Alan Wechsler can be reached at 454 5469 or awechsler@timesunion.com.

[Livyjr]

OF COURSE HE IS ...

HE'S A POLITICIAN ...

AND THERE IS ONE THING THAT A POLITICIAN LIKE DAVID PATERSON CAN NEVER HAVE ENOUGH OF ...

AND THAT IS A HUGE POCKET FULL OF MONEY ...

LIKE THE GIRLS-FOR-HIRE THAT ELIOT SPITZER WAS PLAYING AROUND WITH AFTER PAYING THEM BIG BUCKS TO PLAY WITH HIM ...

And so ...

"Paterson sheds donation limits - Governor won't comply with Spitzer-era cap, seeks maximum donation of $55,900 for statewide run"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Wednesday, April 30, 2008

ALBANY -- Gov. David Paterson will take the full campaign $55,900 contribution allowed by law in his expected run for governor in 2010, quietly abandoning limits set by his predecessor.

"In order to compete on a level playing field he will adhere to the limits that are set under current rules," spokesman Jonathan Rosen said.

It means that as a gubernatorial candidate, Paterson will follow state election laws -- not the self-imposed campaign contribution caps set by then-Gov. Eliot Spitzer, his former boss.

Last week Paterson indicated he plans to seek election for a full term in 2010.

Spitzer made headlines in declaring he would not take more than $10,000 from any one source.

But he also received criticism by getting around the voluntary restriction by having individuals bundle their checks with those of other donors to raise hundreds of thousands of dollars as a group.

It entitled the bundlers to special rewards, such as a seat close to Spitzer at a fundraising dinner.

As Paterson was ascending to Spitzer's seat in March, the former lieutenant governor mentioned he may not go along with the $10,000 limit.

Paterson has not made a big deal about the Spitzer limits disappearing.

His campaign aides have been getting the word out slowly.

Spitzer clashed over campaign reform with Senate Majority Leader Joseph L. Bruno, R-Brunswick, when he dug in and indicated that without it, he wouldn't agree to long-desired raises for lawmakers.

Rosen said Paterson "is committed to campaign finance reform."

"It certainly would be a pleasant thing for him to do," said Russ Haven, counsel for the New York Public Interest Research Group.

"But we never suggested that any (elected official) should unilaterally disarm."

"We would like him to work for a meaningful reform agenda this session."

Haven said Spitzer's caps may have been illusory.

By approaching the same people to donate to the state Democratic Party and his own campaign fund, Spitzer was getting well above $10,000 per donor for campaigns accounts that benefited him.

"It looked like he was mostly raising money for the state party, so while he may have been within the boundaries he set, half the money would go to him and half to the state party," Haven said.

"The spirit that he would limit fundraising from any one source, that didn't appear to be the case."

James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.

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"A breath of fresh air for region - Pollution rules are helping, report says"

By BRIAN NEARING, Staff writer, Albany, New York Times Union

First published: Thursday, May 1, 2008

ALBANY -- The air in the Capital Region is getting healthier, thanks in part to tougher federal pollution restrictions on coal-fired power plants, according to a report released Wednesday by the American Lung Association.

The days with unsafe levels of ozone -- which causes smog and worsens asthma and other lung ailments -- declined by about two-thirds during three years, the report said.

There were 15 days of unsafe ozone levels in the region during 2004-06.

That compared to 25 days in 2003-05 and 48 days in 2002-04.

The national reports, done annually, cover a three-year review and rely on pollution data from sensors in more than 900 counties nationwide.

During a Wednesday news conference, lung association officials said the improvement in Capital Region air likely is due to federal air pollution rules adopted during the Clinton administration that required coal-fired power plants to reduce emissions of nitrogen oxide, a prime ingredient of ozone.

Ozone, an airborne irritant created when sunlight heats emissions from power plants, vehicles and other exhausts, has been shown to worsen asthma in children and lung diseases in adults.

During warm summer days, ozone can be seen in air as a light fog.

While New York has relatively few coal-fired plants, it is in the path of windblown pollution from plants concentrated to the west in the Ohio River Valley.

The federal rules required emission reductions of nitrogen oxides by 1.1 million tons annually, or 28 percent overall, in 22 states and District of Columbia.

In the Capital Region, the conversion of an oil-fired power plant in Bethlehem to natural gas in early 2005 also likely helped improve local air quality, said Michael Seilback, lung association senior director of public policy and advocacy.

PSEG, a subsidiary of New Jersey-based Public Service Enterprise Group Inc., spent $500 million to convert the Bethlehem Energy Center on Route 144.

Natural gas burns cleaner than oil and releases less nitrogen oxides.

Company officials said the rebuilt plant releases 97 percent less nitrogen oxide, as well as 98 percent less sulfur dioxide, a component of acid rain.

"Depending on where you live in New York, the air you breathe ranges from good to bad to downright ugly," Seilback said.

"The ugliest unhealthy air contains deadly toxins that place those people already in high-risk categories -- children, teens and seniors, and people with asthma, chronic bronchitis, emphysema, cardiovascular disease and diabetes -- in grave danger."

The report gave failing grades for air quality to seven of 33 counties, including the metropolitan New York region, the lower Hudson Valley and Long Island.

But despite the improvement in Albany County's air, the report still gave the county a grade of D.

Saratoga and Rensselaer counties each received a grade of C, and Schenectady County was rated an A.

The report's release comes with the Legislature still in session and the American Lung Association lobbying for stronger air pollution laws.

In the lung association's most recent report, which covered 2004-06, Saratoga County had six unsafe ozone days, down from 10 and 13 in the two earlier annual reports.

Albany County had five days and Rensselaer County had four days, in the current report.

Schenectady County had none.

By comparison, New York City's Staten Island, which received an F, had 16 unsafe ozone days during the same period, according to the report.

Ozone sensors, run by the state Department of Environmental Conservation, are located in Loudonville, Grafton, Stillwater and Schenectady.

Also measured in the report were particulates, a fine soot that can damage lungs when inhaled.

Particulates, like ozone, are caused by emissions from power plants and vehicles.

During 2004-06, Albany County had seven days when particulates exceeded safe levels.

DEC's network of pollution sensors for particulates does not include Saratoga, Schenectady or Rensselaer counties.

Nearing can be reached at 454-5094 or by e-mail at bnearing@timesunion.com.

Unsafe days

The number of days in the Capital Region with unsafe levels of ozone has been steadily dropping, according to the American Lung Association.

Years // Number of unsafe ozone days

2004-06 // 15

2003-05 // 25

2002-04 // 48

Source: American Lung Association annual State of the Air reports for three-year periods

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"State lawyer nailed for no-show job"

By BRENDAN J. LYONS Senior writer, Albany, New York Times Union

Last updated: 5:06 p.m., Thursday, May 1, 2008

ALBANY -- James A.P. McCarthy, an attorney and former counsel to Gov. George E. Pataki, was spending time at a posh country club and working at his Albany law firm while billing the state for thousands of dollars in salary for a no-show patronage job at the Department of Correctional Services, according to a report released today by the state Inspector General.

The report recommends that McCarthy reimburse the state for pay the Inspector General found he did not earn during a three-month period when he was under investigation.

He has worked in the position for years without a phone, desk or computer, according to the Inspector General.

McCarthy, 52, is the longtime Troy city school district attorney.

He also is an attorney with with the Girvin & Ferlazzo law firm, where several lawyers have come under scrutiny recently in an unrelated state pension scandal being investigated by Attorney General Andrew Cuomo.

The Inspector General's investigation of McCarthy was triggered by an anonymous complaint in March 2007.

The probe focused on McCarthy's part-time work as an "extradition secretary'' for DOCS, a $60,867-a-year post he has held since 1995 when McCarthy was an assistant counsel to Pataki.

Investigators began following McCarthy last year while monitoring the records of his time slips and electronic swipe card access at the DOCS headquarters building at 911 Central Ave., according to the report.

Over a three-month period McCarthy was paid $6,000 for time not worked.

During that period he was supposedly on state time while at the exclusive Wolfert's Roost Country Club in Menands, and also doing work at a private law firm.

Members of Wolfert's Roost said McCarthy is a fixture at the club and once served as president of the Board of Directors.

The Inspector General's office referred the matter to Cuomo's office for prosecution for the alleged falsification of time records.

The Attorney General's office declined to take action, according to the report.

The report by the Inspector General concludes by recommending that McCarthy face discipline from DOCS.

"The Inspector General recommends that DOCS take appropriate disciplinary action against McCarthy and seek to recoup the thousands of dollars paid to McCarthy for work hours during which he was not present,'' the report states.

McCarthy, who was an assistant counsel to the Senate Finance Committee for 10 years beginning in 1984, was the Hoosick town attorney and a Rensselaer County assistant district attorney.

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"Comptroller notes more debt in budget - DiNapoli faults borrowing, revenue projections in enacted budget"

By MICHAEL VIRTANEN, Associated Press

Last updated: 4:32 p.m., Friday, April 25, 2008

ALBANY -- State Comptroller Thomas DiNapoli said Friday the recently enacted state budget raises spending by more than $5 billion over the previous fiscal year, projects tax revenues that are questionable in a weakening economy and contains $11.5 billion in new debt that will be issued over several years.

"It's clear this budget continues New York's long but not-so-glorious traditions of spending more than the state takes in and borrowing too much," DiNapoli said.

Gov. David Paterson said on Thursday he will look for midyear cuts to help address a looming $5 billion deficit.

DiNapoli said that without cost-cutting, future budget gaps could reach $9.5 billion in 2011-12.

He noted that none of the new borrowing is voter approved or tied to any comprehensive plan to address the state's "critical infrastructure needs."

"The reality is that the economy is in rough shape and the worst may still be around the corner," DiNapoli said.

"All across New York, families are tightening their belts."

"It's time for the state to do the same."

HE SHOULD KNOW ...

AFTERALL, HE HELPED TO GET US HERE ...

AND DID NOTHING TO PREVENT IT WHEN HE HAD THE OPPORTUNITY ...

AND RIGHT NOW, HE IS STILL DOING HIS UTMOST TO PROTECT THE "SLUSH FUNDS" THAT THE LEGISLATURE HAS CREATED FOR ITSELF AND THE OFFICE OF GOVERNOR BY ITS CONTINUAL LOOTING OF OUR STATE TREASURY ...

And so ...

"Paterson warns of historic deficits in NY, could soon total $20 billion without cost-cutting"

Associated Press

Last updated: 4:12 p.m., Wednesday, April 30, 2008

ALBANY -- Gov. David Paterson says New York state government is headed for deficits that could total $20 billion over the next three fiscal years.

He says the deficits will likely be bigger than New York has ever seen.

"Report: NY recession beginning now, should last to early '09, but a slow recovery is forecast"

Associated Press

Last updated: 5:03 p.m., Thursday, May 1, 2008

ALBANY -- Fiscal analysts for Gov. David Paterson said Thursday a recession is beginning in New York and should continue into early 2009, followed by a slow recovery.

New York Budget Director Laura Anglin says that while the national recession should be short and relatively mild, New York historically starts later and lingers longer in these economic slowdowns.

Some indicators and forecasts in the report show New York's recession could rival the recession of the 1970s.

So what can New Yorkers do?

Anglin said taxpayers could help if they use their federal economic stimulus checks for new purchases, rather than to pay off old bills and sock away in savings.

"We're concerned the worst is yet to come for New York," she told reporters Thursday.

Although state income tax collections ended up much higher than expected by April 15, that was the result of profits from mergers and other investments from the relatively hotter early part of 2007.

It's not expected to be repeated, she said.

The annual report came as a poll shows most New Yorkers already are tightening their belts.

The Siena Research Institute poll released Thursday found 80 percent of New Yorkers plan to cut back on the amount they spend on their summer vacation because of gas prices.

The Siena College poll also says 14 percent of New Yorkers are behind on their bills because of rising fuel prices, a driving force in what economists say is an all-but-official recession.

Half of New Yorkers say they are cutting back on restaurant dining and a third are delaying home repairs, which could worsen an impending recession.

"New Yorkers should know we're aware of that, and that the state has to do the same thing," she said.

The report backing up Paterson's call for Albany to tighten its own belt served as a warning to the Legislature that state government spending growth -- which has been around 10 percent a year -- must be cut drastically.

Anglin says that unlike past years, eventual increases in revenue will no longer be enough to avoid billions of dollars in deficits because the state is spending so much.

She said the current budget, adopted in April at $121.6 billion, filled a $5.2 billion deficit -- higher than what was revealed before the budget was passed a week late.

She said the 2009-10 fiscal year is projected to have a $5 billion deficit, the 2010-11 budget is projected to have a $7.7 billion deficit, and the 2011-12 fiscal year is expected to have an $8.8 billion deficit.

Those deficits rival the shortfalls after the Sept. 11, 2001, terrorist attacks and are higher than most past years' gaps.

And while the post-2001 downturn was forced by a terrorist attack in lower Manhattan, the current and projected deficits "are entirely due to spending," said E.J. McMahon of the Empire Center for New York State Policy, part of the fiscally conservative Manhattan Institute.

"The only way to get out of this is for the people who got us into this mess to fix it, to clean up what they did," McMahon said.

History gives two examples: Former Gov. George Pataki cut spending and taxes which helped revive the economy in the mid-1990s; but the Legislature, with Pataki in office, raised taxes and spending after 2001.

McMahon said that prolonged for years a recession that could have ended in six months.

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On the Net:

http://www.state.ny.us

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"NY Inspector general says a part-time attorney charges state for agency work not done"

Associated Press

Last updated: 6:32 p.m., Thursday, May 1, 2008

ALBANY -- New York's inspector general says a part-time attorney charged the state for thousands of dollars of work despite not showing up.

Acting Inspector General Dennis E. Martin is accusing 13-year state employee James A. McCarthy of falsifying time and attendance records when he said he was working as an attorney for the Department of Correctional Services.

McCarthy, 52, is accused of getting paid $6,000 over 12 weeks when he didn't show up at state offices to work.

He is paid $60,867 a year as associate counsel for work that is supposed to total less than 19 hours a week.

He has been a state employee for 13 years.

He didn't immediately respond to requests for comment.

The case was referred to the agency for any disciplinary action.

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"State hiring curbs may chill hot market for government staff - State government hiring curbs, spurred by budget crises, could dim bright spot for job seekers"

By ELLEN SIMON and DONNA BORAK, Associated Press

Last updated: 3:22 p.m., Thursday, May 1, 2008

As U.S. states struggle with about $39 billion in total budget shortfalls, at least 10 have announced hiring curbs and others may follow -- chilling one of the few parts of the economy that had been adding jobs.

More than half the states are experiencing budget shortfalls.

Under state constitutions, most can't borrow money or run a deficit, making spending cuts a necessity.

That has brought hiring limits or freezes in states from California to Maryland.

The hiring curbs -- and the threat of government job cuts -- could spread.

At least 27 states, including several of the nation's largest, are facing budget shortfalls in fiscal 2009, according to the nonpartisan Center on Budget and Policy Priorities.

That comes amid slowing state revenue from personal income taxes, sales taxes and corporate taxes, while prices rise for everything from retired teachers' prescriptions to gas for state troopers' patrol cars.

The state shortfalls, together with that in Washington D.C., come to more than $39 billion.

And the hiring freezes -- in California, Delaware, Louisiana, Maryland, Michigan, Minnesota, New Hampshire, New York, Ohio and Rhode Island --follow a hiring binge by governments at every level.

If states' money problems worsen and the hiring curbs are taken seriously by legislatures and governors, that could mean even more bad news for battered job hunters.

Those states with shortfalls are Alabama, Arizona, California, Delaware, Florida, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Rhode Island, South Carolina, Tennessee, Vermont, Virginia and Wisconsin.

State budget cuts are already hurting human services, from subsidized lunches for children in South Carolina to nursing home care in Rhode Island.

Under new state budgets, more than 10 million people will lose dental care, access to medical specialists, name-brand prescription drugs or other benefits.

"It's early," said Scott Pattison, the former state budget director for Virginia, now executive director of the National Association of State Budget Officers.

"I don't think we've seen the most painful cuts we're going to see."

Tennessee Gov. Phil Bredesen said Wednesday that the state will need to cut jobs to deal with a $550 million budget gap.

He declined to say how many of the state's more than 45,000 employees could be affected.

One possible cut is 160 positions at the Department of Children's Services because of a $73 million reduction in federal funding.

"I'm not talking about 20 people or something, I'm talking about some serious change in the number of people who are employed by the state," Bredesen said.

"I just want to be honest with people and not give people any false hopes about where we are."

State and local government employment has grown for the last decade, and governments at all levels continued adding jobs in March, according to the Bureau of Labor Statistics.

Employment in the sector is now the highest on record and payroll jumped 40 percent in the last 15 years, growing to a nationwide total of $60.74 billion in March 2006, according to the most recent U.S. Census Bureau data.

In the last quarter, as most industries have shed jobs, government has been the rare bright spot, adding about 18,000 jobs between February and March for a total of 22.39 million workers at the federal, state and local levels, according to preliminary data from the Bureau of Labor Statistics.

Most of the month's increase came at the federal level, while state and local government employment stayed steady.

Government employment expanded as growing states and cities hired teachers, police and firefighters, said Bob Ward, deputy director of the State University of New York's Rockefeller Institute of Government.

But "public payrolls seldom shrink as the service base shrinks, whether it's school enrollment or population in Northeastern cities such as Buffalo, Pittsburgh and Philadelphia," he said.

While most recessions don't lead to deep state and local government job cuts, in the 2001 downturn, a sharp drop in tax revenue forced payroll reductions.

"The question, of course, is whether the current downturn will be like 2001 or whether it will be more like the other recessions," Ward said.

There's no consensus, but economists expect unemployment, now at 5.1 percent, to rise slightly to 5.2 percent when the Labor Department releases employment data Friday, according to the consensus estimate of Wall Street economists surveyed by Thomson Financial/IFR.

Some states and municipalities, including College Township, Pa., are considering switching to a four-day workweek to save utility costs.

So far, some states' freezes have proven permeable.

In Louisiana, for instance, there's a blanket exemption for anyone hired to care for patients in the Louisiana State University hospital system.

Other workers must apply for an exemption from the governor's budget office; about three-quarters of those who ask get one.

California has cut about $2 million from its payroll since it announced a partial hiring freeze in February.

Still, two weeks after Gov. Arnold Schwarzenegger required all departments to trim "nonessential" spending by at least 1.5 percent, he appointed his former chief speechwriter as an adviser to the state's Integrated Waste Management Board at a salary of $103,603 a year.

While New York. Gov. David Paterson insisted last Monday that the hiring freeze he was announcing was serious, ordering agency heads to rethink their hiring practices, last Thursday The Associated Press reported that the state was planning a mass recruitment to replace thousands of management employees expected to retire in the next five years.

Michigan has whittled total of state workers to the lowest number since 1973, said Liz Boyd, spokeswoman for Gov. Jennifer Granholm.

"We are doing more with less," Boyd said.

Rhode Island not only has a hiring freeze, but Gov. Donald Carcieri has also proposed eliminating 7 percent of the state work force, or roughly 1,000 employees and contractors, by June 30 to help close the gap on its $515 million budget deficit.

Staff reductions, which included an expected 400 retirements, were designed to save the state about $100 million.

In Delaware, Gov. Ruth Ann Minner said in March that the state wasn't looking at layoffs.

"That's not to say that eventually we won't have to," she said.

----

Associated Press Writer Erik Schelzig in Nashville, Tenn., contributed to this report.

[Livyjr]

AND AS YOUNG ANDY CUOMO, THE PRESENT NEW YORK STATE ATTORNEY GENERAL, GRABS FOR THE NATIONAL HEADLINES LIKE HIS PREDECESSOR, THE PROSTITUTE PATRONIZING "SHERIFF OF WALL STREET", ELIOT "STEAMROLLER" SPITZER, WITHOUT GIVING ANY REAL THOUGHT TO THE CONSEQUENCES OF HIS ACTIONS, SO LONG AS HE GETS HIS NAME IN PRINT, WE HAVE ...

"Federal regulator criticizes Cuomo appraisal pact - Cuomo's appraisal agreement criticized by regulator, mortgage bankers, brokers"

By ALAN ZIBEL, Associated Press

Last updated: 4:32 p.m., Thursday, May 1, 2008

WASHINGTON -- A federal regulator and powerful mortgage industry interests are criticizing New York Attorney General Andrew Cuomo's plan to reshape the appraisal industry.

Cuomo reached an agreement in March with mortgage finance companies Fannie Mae and Freddie Mac that was designed to alleviate what he called widespread pressure on appraisers to inflate their estimated value of homes.

The agreement, scheduled to take effect next year, would ban lenders from using in-house appraisers, and would block mortgage brokers from ordering appraisals.

However the federal Office of Thrift Supervision said the agreement was based on a "flawed" process, without adequate input from lenders or federal regulators.

In a letter this week, Timothy Ward, the agency's deputy director, said the agreement is likely to be costly for lenders, and may force some to sell off their appraisal or real estate settlement businesses.

"As long as the independence of the appraisal process is ensured, there is no reason to prohibit such affiliations or subsidiary business arrangements," Ward wrote.

Industry groups also are unhappy.

The Mortgage Bankers Association, in a letter to Fannie Mae and Freddie Mac, questioned Cuomo's authority to set a national standard.

The trade group also criticized the ban on affiliated appraisers, saying there is "no evidence" that they are more likely to be pressured than unaffiliated counterparts.

The National Association of Mortgage Brokers, which has threatened a lawsuit to block the new rules, marshaled a national letter-writing campaign against the rules, which they say would put them at a disadvantage to banks.

Not everyone is unhappy, however.

Jim Amorin, president-elect of the Appraisal Institute, said in an interview, that the agreement is "a good first step toward insuring there's appraiser independence."

However, he said mortgage brokers could still be a part of the process "as long as they're regulated in some way."

Cuomo said in a prepared statement that "it is not surprising that current industry participants, many of whom have significant economic interests of their own at stake, have differing perspectives about the various provisions in the agreements."

He said his office would "thoughtfully consider their suggestions," along with the Office of Federal Housing Enterprise Oversight, which regulates Fannie Mae and Freddie Mac.

An OFHEO spokeswoman said Fannie and Freddie will recommend potential changes after reviewing comments from industry groups and others.

[Livyjr]

"Final state budget numbers show bigger deficit - Annual report reveals deficit was deeper, spending more in state budget adopted in April"

Associated Press

Last updated: 6:12 p.m., Thursday, May 1, 2008

ALBANY -- The 2007-08 state budget session is a wrap.

But the final tally, released Thursday in an annual report by the state Budget Division, included some surprises in the 2008-09 budget adopted April 9.

Among them:

Total: $121.6 billion.

Lawmakers and Gov. David Paterson had several estimates when the plan was being negotiated behind closed doors and voted on quickly by lawmakers.

But the total announced April 9 was $121.7 billion.

Spending growth: The growth in all funds -- state and federal that are part of the budget -- grew 4.8 percent, while state operating funds grew by 4.5 percent.

Lawmakers and Paterson's budget office said spending would increase less than 5 percent, and criticized former Gov. Eliot Spitzer for proposing a 5-percent increase in spending.

The Democrat resigned in March after he was implicated in a prostitution investigation.

The increase factors in $361 million to cover labor union contract settlements.

Legislative additions: The Legislature's initiatives added $873 million to the proposed executive budget, down from the tradition gain of over $1 billion or more.

Budget gaps: The budget closed a $5.2 billion deficit.

Lawmakers and Paterson had stuck to a February estimate of $4.6 billion as late as April 9.

The projected deficits for the next three years total $21.5 billion.

That's substantially more than estimated in February when the 2009-10 deficit was projected to be $3.6 billion (now projected to be $5.2 billion), $6.1 billion for 2010-11 (now projected to be $7.7 billion), and $7.2 billion in 2011-12 (now projected to be $8.8 billion).

------

SOURCE: New York state Division of Budget.

[Livyjr]

JUST WHAT WE ALL NEED TO GET THE ENVIRONMENT EVEN MORE SCREWED UP THAN IT ALREADY IS ...

MORE NUCLEAR POWER PLANTS ...

AND ALL OF THE WASTE HEAT FROM THEM THAT GOES OUT INTO THE ENVIRONMENT TO HEAT IT UP SOME MORE ...

And so ...

"Possible groundbreaking by year's end for nuclear reactor - Constellation could break ground by end of year for 3rd Md. nuclear reactor at Calvert Cliffs"

By BRIAN WITTE, Associated Press

Last updated: 6:32 p.m., Thursday, May 1, 2008

LUSBY, Md. -- Constellation Energy Group Inc. could break ground for a third nuclear reactor in southern Maryland by the end of this year, if financial and regulatory hurdles are cleared, CEO Mayo Shattuck said Thursday.

The governor said he supports the expansion of nuclear energy in the state, because Maryland needs more generation capacity to address an energy crunch that could come as soon as 2011.

"I certainly would like to see more nuclear plants built in our country, and I would support more generation capacity and more nuclear capacity here in the state of Maryland," O'Malley said.

"I think that would be a good thing not only for the environment, but also for consumers as well."

Constellation had threatened to build the reactor in New York instead, saying Maryland's regulatory environment had shown signs of hostility toward utilities.

But Shattuck said the settlement eased his concerns and that the company wants to build the reactor in Maryland.

The challenge for expanding Calvert Cliffs now, Shattuck said, is getting the federal government to issue loan guarantees for the hugely expensive project.

"We believe that the Department of Energy is going to come out with a solicitation soon to help us essentially borrow the money with a government-backed guarantee that we can get this off the ground," Shattuck said.

Shattuck said the company also wants to build a reactor at Nine Mile Point nuclear power station in Scriba, N.Y., about 90 miles east of Rochester.

"Drought could force nuke-plant shutdowns"

By MITCH WEISS, Associated Press

Last updated: 12:52 p.m., Wednesday, January 23, 2008

LAKE NORMAN, N.C. -- Nuclear plants are subject to restrictions on the temperature of the discharged coolant, because hot water can kill fish or plants or otherwise disrupt the environment.

AND FROM THE DEPARTMENT OF "YEAH, RIGHT, TELL US ANOTHER WHOPPER", WE HAVE ...

LET'S HEAT THAT LAKE ONTARIO UP UNTIL YOU CAN USE IT FOR TEA WATER ...

THERE WON'T BE NO ADVERSE ENVIRONMENTAL IMPACTS, AFTERALL ...

AND HEY, THESE NUCLEAR BOYS GOT TO BE ABLE TO MAKE A PROFIT, TOO ...

AND THE U.S. NRC WILL LET THEM GET AWAY WITH IT ...

WHILE FEEDING US A LINE OF BULL**** THAT THESE PLANTS ARE SUBJECT TO RESTRICTIONS ON THE TEMPERATURE OF THE DISCHARGED COOLANT ...

And so ...

Office of Nuclear Reactor Regulation (NRR) Items of Interest - Week Ending August 19, 2005

Nine Mile Point Nuclear Station, Unit No. 1 (NMP1) - Water Temperature Emergency Amendment

On August 12, 2005, the staff issued an emergency license amendment to Nine Mile Point Nuclear Station, LLC (the licensee), which revised NMP1 Technical Specification (TS) 3.3.7, “Containment Spray System,” to increase the maximum allowable lake water temperature in TS 3.3.7.f. from 81°F to 83°F.

This change was requested under emergency circumstances to avoid a reactor shutdown due to a higher than anticipated water temperature rise in Lake Ontario and weather forecasts for higher temperatures over the next 10-day period.

TS 3.3.7.g. requires the plant to begin shutting down within 1 hour of reaching the TS 3.3.7.f. limit and be in hot shutdown conditions within 8 hours and in cold shutdown within 24 hours.

http://www.nrc.gov/reading-rm/doc-collecti...05-0155scy.html

[Livyjr]

"For top judge, pay issue dims Law Day"

By ROBERT GAVIN, Staff writer, Albany, New York Times Union

Last updated: 3:28 p.m., Friday, May 2, 2008

ALBANY -- Chief Judge Judith Kaye spent her final "Law Day" address this afternoon singing a familiar refrain -- that judges need a raise.

In a thinly veiled reference to the contentious issue, the state's top judge told those attending the annual event it was "dimmer" and "less lustrous" than past years.

"I don't think I have to state my reasons for saying this," she said, addressing large crowd of lawyers, judges and court personnel outside the state Court of Appeals building on Eagle Street.

Kaye is suing Gov. David Paterson and both houses of the state Legislature for failing to provide a raise to some 3,000 judges in New York, who last received a pay hike in January 1999.

State Supreme Court judges now earn $136,700-a-year, while those at the federal level make $169,200.

Kaye has questioned why legislation to increase the jurists' pay has consistently failed.

Her litigation, filed after this year's state budget passed last month, has accused state leaders of violating the state constitution by allowing judges' pay to diminish and not recognizing the separation of powers between branches of government.

"It's just a very sad thing when you have to sue partners in government," Kaye told reporters after the event.

Meanwhile, state Attorney General Andrew Cuomo, upon taking the podium, backed the call for raises as a citizen, avoiding any formal position as the state's chief lawyer.

"That our judges have (gone) so long without a pay raise is systemic of the disrespect for public service that is now so prevalent," he said.

He also said the state should do away with a rule that forces judges off the bench when they turn 70, which awaits Kaye next year.

It was Cuomo's father, Mario, who as governor appointed Kaye as chief judge.

[Livyjr]

"Paterson says he feared 'out-of-control' state police unit - Paterson says he confessed affairs fearing 'out-of-control' state troopers, but has no proof"

By MICHAEL GORMLEY, Associated Press

Last updated: 4:52 p.m., Friday, May 2, 2008

ALBANY -- Gov. David Paterson said Friday in a radio interview that he admitted past marital affairs in part because he feared an "out-of-control" element in the state police that he said was investigating politicians.

But later Friday, he told reporters he had no proof that out-of-control troopers were targeting politicians.

"I don't know that that's actually the case."

"These are things that are said to me," Paterson told news reporters, after he made the disclosure to the sports program hosts on a radio show.

He said those reports were made by "over 10" lawmakers of both parties statewide about traffic stops and leaks by police to news organizations about brushes with the law.

It was the strength of those reports, made shortly after he took office March 17, that prompted the Democratic governor to request an investigation by Attorney General Andrew Cuomo on whether state police were keeping tabs on elected officials.

"He found enough unusual circumstances to look into it," said Paterson, who took office after the resignation of Democrat Eliot Spitzer amid a prostitution scandal.

At the time, Paterson said he was reacting to legislators' concerns and a report in the New York Post.

But on Friday in a radio interview with WFAN-AM sports radio in Manhattan, Paterson said he knew these rogue troopers were operating and the concern prompted his extraordinary revelations that he had affairs with women years ago when his marriage was in trouble.

He has since reconciled with his wife.

"That was also on my mind when I made my own personal revelations," Paterson said on the radio.

"There was obviously an element in the police force and it wasn't Republican or Democrat, it was just out of control people who had power that were clearly monitoring a lot of the elected officials and I was kind of afraid of leaks of inaccurate information about something and that was another thing that pushed me to speak."

Asked to explain the inconsistency between Paterson's statements to the radio station and his later remarks to reporters, spokesman Errol Cockfield said there was no inconsistency and that the governor has always said he was relaying the accounts of others.

State police spokesman Lt. Glenn Miner said Friday state police would cooperate fully.

Spitzer's administration was dogged by a scandal in which top aides instructed to state police to compile -- and in some cases, recreate -- records tracking the travels of Spitzer's chief political rival.

[Livyjr]

"State lawyer nailed for no-show job"

By BRENDAN J. LYONS Senior writer, Albany, New York Times Union

Last updated: 5:06 p.m., Thursday, May 1, 2008

ALBANY -- James A.P. McCarthy, an attorney and former counsel to Gov. George E. Pataki, was spending time at a posh country club and working at his Albany law firm while billing the state for thousands of dollars in salary for a no-show patronage job at the Department of Correctional Services, according to a report released today by the state Inspector General.

Over a three-month period McCarthy was paid $6,000 for time not worked.

During that period he was supposedly on state time while at the exclusive Wolfert's Roost Country Club in Menands, and also doing work at a private law firm.

Members of Wolfert's Roost said McCarthy is a fixture at the club and once served as president of the Board of Directors.

The Inspector General's office referred the matter to Cuomo's office for prosecution for the alleged falsification of time records.

The Attorney General's office declined to take action, according to the report.

McCarthy, who was an assistant counsel to the Senate Finance Committee for 10 years beginning in 1984, was the Hoosick town attorney and a Rensselaer County assistant district attorney.

"NY corrections lawyer quits amid probe into $60,000-a-year no-show job"

By MICHAEL GORMLEY, Associated Press

Last updated: 3:22 p.m., Friday, May 2, 2008

ALBANY -- A veteran state lawyer is quitting after being accused by the inspector general of collecting pay without showing up at work.

On Thursday, the inspector general said James McCarthy was paid $6,000 over 12 weeks when he didn't show up at state offices to work for correctional services.

He was paid $60,867 a year for 19 hours of work weekly, according to the inspector general.

McCarthy resigned his job handling extradition papers effective Friday after 13 years working for the state.

He said was resigning to eliminate any "distraction" at the department because of his case, which caused some disagreement between the inspector general and Attorney General Andrew Cuomo.

The Department of Corrections is seeking restitution, said spokesman Erik Kriss.

McCarthy, 52, works for the law firm Girvin & Ferlazzo in Albany.

The company Web site says he held several positions in the Pataki administration, including assistant counsel, and once was assistant counsel to the Senate Finance Committee in the Republican Senate majority led by Sen. Joseph Bruno of Rensselaer County.

The law firm's Web site says McCarthy handles litigation and real estate issues for the firm and is also the attorney for the Troy city school district.

That's the biggest school in Bruno's district.

Last month Democratic state Comptroller Thomas DiNapoli kicked some attorneys -- including some from Girvin & Ferlazzo -- out of the New York state and local retirement system because an upstate BOCES district inappropriately classified them as employees.

DiNapoli said he was unsure if the attorneys knew they were getting benefits paid by the school district that they shouldn't have received as part-time workers.

Attorney General Andrew Cuomo is investigating the issue in school districts statewide.

He said he suspects many districts including BOCES districts provided inappropriate benefits to part-time lawyers, while collecting state school aid that for a full-time employee.

The McCarthy case created a conflict between the inspector general's office and Cuomo.

Hours before McCarthy's resignation, Cuomo disputed the state inspector general's public assertion on Thursday that Cuomo declined to investigate the case against McCarthy for any civil or criminal wrongdoing.

On Thursday, the inspector general's Web site stated:

"The Inspector General's Office also presented the evidence to the New York State Attorney General's Office, which declined to prosecute criminal charges against McCarthy."

Cuomo spokesman John Milgrim said Friday that the office is investigating the findings by the state Inspector General's Office in the case.

He said the attorney general can't legally decline a referral.

Inspector general's office spokesman Stephen DelGiacco on Friday called the conflicting statements a misunderstanding.

But he refused to say if Cuomo's office had ever refused to investigate the case.

"We discussed the case with them previously and there was miscommunication or misunderstanding," DelGiacco said.

[Livyjr]

NEW YORK STATE CONSTITUTION - ARTICLE VII - State Finances

§ 8. 1. The money of the state shall not be given or loaned to or in aid of any private corporation or association, or private undertaking; nor shall the credit of the state be given or loaned to or in aid of any individual, or public or private corporation or association, or private undertaking, but the foregoing provisions shall not apply to any fund or property now held or which may hereafter be held by the state for educational, mental health or mental retardation purposes.

http://www.senate.state.ny.us/lbdcinfo/senconstitution.html

"Report: NY recession beginning now, should last to early '09, but a slow recovery is forecast"

Associated Press

Last updated: 5:03 p.m., Thursday, May 1, 2008

ALBANY -- Fiscal analysts for Gov. David Paterson said Thursday a recession is beginning in New York and should continue into early 2009, followed by a slow recovery.

New York Budget Director Laura Anglin says that while the national recession should be short and relatively mild, New York historically starts later and lingers longer in these economic slowdowns.

Some indicators and forecasts in the report show New York's recession could rival the recession of the 1970s.

So what can New Yorkers do?

Anglin said taxpayers could help if they use their federal economic stimulus checks for new purchases, rather than to pay off old bills and sock away in savings.

"PORK" is a STATE OF MIND .....

"I AM BEYOND THE LAW ..."

"I CAN DO WHATEVER I PLEASE ..."

"NOBODY CAN TOUCH ME ..."

"I AM AN ELECTED OFFICIAL ..."

"I AM BEYOND THE LAW ..."

And so it is ....

Here in the CORRUPT EMPIRE of New York ....

And so ...

And now ....

Well, I'm over sixty ....

And still wearing jeans ....

And I wonder .....

WHAT IS IT THAT IS GOING ON HERE .....

Where OUR constitutional form of government in this country ...

And in this state .....

Seem to be going to dust .....

BECOMING MORE AND MORE WORTHLESS BY THE DAY .....

WITHOUT A SQUAWK .....

WITHOUT A COMPLAINT ....

And so .....

Rather than sit out here alone in the hinterlands of civilization ....

Wondering about this ....

And pondering all of this ....

WHICH I PERSONALLY SEE AS A CITIZENSHIP REQUIREMENT AS AN AMERICAN CITIZEN ....

Well ....

Let's just say that I have started up this thread ....

As an experiment .....

IN DEMOCRACY .....

To see where it goes .....

Which always can be nowhere at all ....

That does happen to internet threads, all the time ....

And so ....

AND AS THE ADMINISTRATION OF NYS GOVERNOR DAVID PATERSON CONTINUES TO PROMOTE FISCAL PROFLIGACY AND FINANCIAL IRRESPONSIBILITY IN THE STATE OF NEW YORK ...

AS WELL AS SPITTING ON THE NEW YORK STATE CONSTITUTION ...

WE HAVE ...

"Lawmakers release 10,000 election year 'pork' grants worth $147 million to voters back home"

By MICHAEL GORMLEY, Associated Press

Last updated: 6:52 p.m., Friday, May 2, 2008

ALBANY -- Lawmakers are showering $147 million in pork-barrel spending on 10,000 programs, agencies and charities back home this election year.

The grants that lawmakers prefer to call member items or Community Project Funds are doled out based on the political clout of a lawmaker.

The result is taxpayers statewide pay to support gun clubs and abortion-rights groups, clubs and charities -- whose funding never gets a public vote -- in addition to the health and social service programs that depend on the annual funds.

For example, members of the Assembly's Democratic majority get more grant money to disperse than the Republicans and the more veteran Assembly members get more than less senior Democrats.

The same advantage is true for more veteran Republicans in the Senate's GOP majority.

Democratic Gov. David Paterson also has $30 million in pork spending.

Paterson hasn't yet decided where his discretionary spending will go, said budget spokesman Jeffrey Gordon.

Paterson's grants also will be made public.

The traditional pork-barrel spending was spared from the reductions that faced most other areas of the state budget adopted last month.

The $121.6 billion budget filled a $5.2 billion deficit.

A newspaper's lawsuit and calls for reform by voters and good-government groups forced public disclosure of the data on the grants -- including which lawmaker requested the spending.

Good-government groups have long criticized the practice as a way for incumbents to buy votes, contributing to a better than 90 percent re-election rate despite the public's low regard for the Legislature as a whole.

Political leaders in the conference may also direct more pork to lawmakers facing tough re-election contests.

"The most glaring unfairness of the whole system is that it's doled out based on political considerations, not by population or something that's fair," said Blair Horner of the New York Public Interest Research Group.

"The second thing is to just dump it like this isn't fair to the public at all," he said.

He said the data could be provided in a database that the public could immediately search and sort.

"They are just trying to make it harder for people to know what they are doing," Horner said.

Lawmakers consider the grants a way to fund critical programs, often in health and education, by those who know best where the money is needed.

"Individual legislators have a real awareness of the needs of their communities and under" community project funds, Silver said.

"It is important that funds flow to programs like meals on wheels and services for domestic violence victims."

The Legislature's grants include cash for American Legion halls, such as $25,000 for an American Legion Post in Glens Falls provided through Senate Republican leader Joseph Bruno.

Bruno, of Rensselaer County, directed or helped direct 139 grants worth more than $4.5 million to his district and around the state.

They include $95,000 to build a town pool in East Greenbush, $50,000 for the Rensselaer County Jail and $75,000 for the Epilepsy Foundation of Northeastern New York based in Albany.

He also sent $50,000 to the Hendrick Hudson Fish & Game Club in Wynantskill and $30,000 to the Mechanicville Fire Department.

Silver spent more than $10 million on his own -- not including the money he directed with other members of his conference.

Silver directed $705,000 to the United Jewish Council of the East side and $368,000 to various schools.

Sometimes the pork goes to areas in which lawmakers act on legislation in committees, and to industries that are major campaign contributors.

For example, Assembly Labor Committee Chairwoman Susan John, a New York City Democrat, directed $300,000 to the New York Committee for Occupational Safety & Health Inc. to develop information about workplace hazards.

NYCOSH is a tax-exempt educational foundation affiliated with members of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union.

She collects thousands of dollars in campaign donations from unions.

And there are old standbys, like the $5,000 in money from taxpayers statewide that went to buy equipment and pay for umpires for the Van Nest Little League in the Bronx, thanks to Democratic Sen. Jeffrey Klein.

Similarly, the East Meredith Fish, Game and Gun Club in Delaware County received $5,000 for building repairs through Republican Sen. John Bonacic.

And $2,500 went to the NARAL Pro-Choice New York, part of the national abortion rights organization, for research and education through Democratic Sen. Craig Johnson of Nassau County.

The projects were posted Friday on the Internet at http://www.assembly.state.ny.us and http://www.senate.state.ny.us

------

AP writers Valerie Bauman and Michael Virtanen contributed to this report from Albany.

[Livyjr]

"Some judges refusing to hear cases of state lawmakers or their firms"

By MICHAEL VIRTANEN, Associated Press

Last updated: 7:02 p.m., Tuesday, April 29, 2008

ALBANY -- Some state judges are refusing to hear cases brought by the law firms of state legislators, who have failed to give them a raise for 10 years.

"Our chief judge has started a lawsuit, and I think when the judiciary is suing the Legislature I think it's a conflict for any judge to sit on a case," said Cattaraugus County Court Judge Larry Himelein.

A judge for 15 years, he said "a number" of judges are doing the same thing, including some in Erie, Cattaraugus and Albany counties.

Asked who would hear those cases if all the state's judges did the same, Himelein said, "The clients could always get new lawyers."

"Chief judge cautions against recusals as protest - New York's chief judge cautions against refusing to hear lawmakers' cases as pay-raise protest"

By MICHAEL VIRTANEN, Associated Press

Last updated: 4:33 p.m., Friday, May 2, 2008

ALBANY -- New York Chief Judge Judith Kaye needed a moment to compose herself after Friday's Law Day ceremony outside the Court of Appeals, her last after 15 years as the state's top judge.

She was moved by the finality of the day, by court attendant Michelle Perry-Belches' powerful rendition of "America the Beautiful," and by the thought that, in her final months, Kaye has had to sue the state Legislature for failing to raise judges' pay for a decade.

"It's just one of the additional reasons I'm so heartbroken we have to come to this juncture," Kaye said.

"It was totally avoidable and unnecessary and remains so."

"It should be worked out."

Attorney General Andrew Cuomo, whose father named Kaye chief judge 15 years ago, had sharper words.

"It is the collision of unfortunate and connected phenomena: The dysfunction of Albany meets the degradation of public service," he told about 200 judges, lawyers and others gathered outside the courthouse.

"I recused myself from the current pay raise litigation because my office represents every party in the case on other matters," said Cuomo, which left lawmakers seeking private counsel.

"But as a citizen I believe the Legislature must act immediately to pay our judges a salary commensurate with the awesome responsibility they bear."

Kaye filed suit last month after the Legislature for the 10 straight year didn't authorize raises for the 1,250 state-level judges.

Senate Majority Leader Joseph Bruno has blamed the Assembly for stalling the raises, saying the Senate approved pay hikes.

Assembly Speaker Sheldon Silver has declined to comment.

Judges' raises had been attached to politically sensitive raises for lawmakers and neither have been approved.

Pay ranges from $108,800 for full-time city court judges to Kaye's $156,000.

The judges have proposed raising the benchmark salary for state Supreme Court justices from $136,700 to the current level of federal trial judges at $169,300, and others proportionately.

Meanwhile some judges are recusing themselves from cases brought by state legislators and their law firms, citing a conflict of interest.

Kaye, who after turning 70 will retire at the end of the year, in an e-mail Thursday cautioned them not to refuse to hear lawmakers' cases as a form of protest.

She wrote that "using recusal as a strategy rather than as a matter of individual conscience" would be perceived as retaliatory and weaken their cause.

"It's just a very sad thing when you have to sue partners in government," Kaye said, following her speech in support of the rule of law.

She didn't think many judges were refusing cases, noted recusal "is and always has been a very individual matter -- meaning that when a judge feels he or she cannot be unbiased that there is some feeling for one party or another then the judge steps off the case."

She also rejected one judge's suggestion that she advise them all to do it.

In her e-mail, Kaye noted that Gov. David Paterson this week acknowledged the judges should get raises but advised against any work slowdown as protest -- "an allegation we assured him is without merit."