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

[Livyjr]

"Lawsuit to halt mining rejected - Judge dismisses Nassau claims that plan was not properly reviewed by DEC"

By BOB GARDINIER, Staff writer, Albany, New York Times Union

First published: Thursday, June 19, 2008

NASSAU -- A state judge has dismissed a lawsuit brought by the town to try to stop a hard rock mine proposed by Troy Sand & Gravel.

In May 2007, the state Department of Environmental Conservation authorized a permit allowing the West Sand Lake-based company to mine graywacke stone from 89 acres on a hill off Route 66 near Pikes Pond.

Three months later the town sued DEC and Troy Sand & Gravel, trying to negate the permit by arguing DEC did not take the necessary "hard look" at the project's environmental impacts.

The hard stone is prized in its crushed form for paving state highways.

State Supreme Court Justice Michael C. Lynch of Albany, however, ruled June 12 in DEC's favor.

DEC did take a hard look at impacts at the rural site, including truck traffic, noise, operating hours, visual impacts, blasting, air quality, dust control, surface and subsurface water impacts and community character and zoning issues, the court ruled.

Town Supervisor David Fleming, one of those leading the five-year fight to stop the mine, said the town hasn't yet decided to appeal.

"We have our counsel looking at the decision right now and the Town Board will take up the issue at its next meeting," Fleming said.

"There are more substantial legal issues that still have to be decided in this case and this is just one skirmish in the battle."

No mining has been started at the site because the town refuses to grant the company a required local permit.

Town officials earlier this year also adopted a new comprehensive zoning law that includes a ban on commercial mining they hope may prevent the mine.

Troy Sand & Gravel now has pending lawsuits against the town, arguing among other things that the state permit supersedes local authority.

The company also claims the new zoning would not apply to the proposal because the gravel company's original application preceded the new zoning by five years and may be "grandfathered" in under legal precedents.

Company owner Jude Clemente called the ruling significant but voiced frustration with the time and large amount of money his company has been forced to spend during the fight.

"Many of the elected officials fighting this live in the area of the mine and are using taxpayers' money in their own efforts to keep the mine out of their backyards," Clemente said.

"This is a very remote site and it is likely people will not even know its there."

Fleming said the fight will continue.

"I'll not respond to the personal attacks and political machinations of Mr. Clemente and I remain confident the court will side with the town and its desire to keep its rural character," Fleming said.

Gardinier can be reached at 454-5696 or by e-mail at bgardinier@timesunion.com.

[Livyjr]

In 1975, the USEPA provided me with a graduate fellowship to study environmental engineering at a well-known polytechnic institute in the north-east of the United States so that I could "rehabilitate" myself as a disabled combat veteran here in America ...

While obtaining a Master's degree in Environmental Engineering, my project work was on the fluid mechanics and thermodynamics of nuclear facility cooling tower plumes ...

We had an operating physical model and a computer model, and real-world data to calibrate and then verify the computer model ....

What we discovered and came to realize, and this is in 1975, was that prodigious volumes of liquid water were being entrained in the cooling tower plumes and that liquid water was being carried high up into the earth's atmosphere, in some cases being carried up into the next layer of the earth's atmosphere where the velocities are quite high ...

So this water vapor and liquid water were breaking into this upper layer where it would start whipping around the earth at high speed, and the plumes would keep feeding more and more vapor and water into this layer, where it would accumulate and become unstable and then would return to the earth's surface from 10 or so miles up ...

And this short discussion does not go into the heat transfer aspects of any of this ...

Just the mass balance portion ...

Water exists as one of three phases - solid, liquid or gas ....

And as it changes back and forth, energy must transfer with the "environment" ...

When you put tons of water into the upper atmosphere in its gaseous phase, at some point, it is going to convert back to being a liquid, and then a solid, and it is going to come back down ...

Hard and fast .....

SOMEWHERE ....

And nobody can predict where that might be ...

Just that it must and will be, since gravity still dominates here on earth ....

When we verified our findings and presented them to the "sponsor", which is a power pool up here in the north-east, the research was buried ....

All the records were "swept up" and so far as I know, they "disappeared" ....

Now, it is 2008 ....

And tons of liquid water are coming back down on our heads, wrecking havoc here in America ...

Well, okay, it's not coming down on everyone all at once ....

But then, it really doesn't have to, does it?

And so ...

To be a "successful" engineer here in America, you have to learn the lawyer's and politician's ART of telling lies, and hiding data, and fabricating data, to make the necessary "political point of the moment" depending on who is lining your pocket ...

If, on the other hand, you wish, like I did, to stand for and with the people, to protect and safeguard their lives, health and property, there is a good and high likelihood that you will be crushed ...

And silenced ...

But that isn't going to stop reality from happening ....

And now it is ...

Go tell Chicken Little the sky isn't falling ....

Just all the water that we have been sticking up there for these last 40 years or so ....

Tons and tons of it ...

And so ....

"State workers swapped silence for severance - 19 Power Authority employees signed rare nondisclosure deals in resigning from embattled utility over the years"

By NICHOLAS CONFESSORE, New York Times

First published: Sunday, June 22, 2008

ALBANY -- At least 19 employees who have resigned in recent years from the New York Power Authority, the sprawling and politically powerful state-owned utility, were required to keep secret the circumstances of their departures in order to obtain severance pay or benefits, according to a review by The New York Times.

The nondisclosure provisions -- which are highly unusual for public entities like state agencies and authorities -- bar the former employees from speaking about the circumstances of their departure or even disclosing the existence of the agreements.

The power authority and a former top official, Daniel Wiese, are under intense scrutiny at the same time as Attorney General Andrew Cuomo investigates allegations that State Police were used to gather damaging information about elected officials.

Wiese, a former State Police colonel, served as inspector general of the authority from 2003 until he was fired last month, and remained an adviser to the State Police while working for the authority.

A close friend and ally of former Govs. Eliot Spitzer and George E. Pataki, Wiese has denied any wrongdoing and has disputed suggestions that he or other State Police officials engaged in political skullduggery.

The nondisclosure language was included in severance agreements dating back at least 10 years, all of them crafted by the authority's counsels, and a wide variety of employees, from engineers to a former president, signed them.

The agreements, provided by the authority under a state Freedom of Information Law request, gave the former employees a few weeks or months of pay, or lump-sum settlements, which ranged from $11,728 to $286,397, and other benefits.

At least some of the 19 employees required to sign the agreements had clashed with Wiese, according to interviews with former and current authority employees.

Moreover, some former employees described Wiese as using the kind of tactics against authority employees that some elected officials have accused the State Police of using against them, allegations that Cuomo is investigating.

Among the employees who signed the agreements, for example, was J. Timothy Quranda, who worked as an executive speechwriter for 20 years until leaving in January.

In April, Cuomo's office received a letter from Quranda's wife, Feng Chu Quranda, accusing Wiese of beginning an improper investigation to find information with which to justify firing Quranda, including stationing a State Police car outside the couple's home in Queens on days when Quranda called in sick.

Wiese declined to discuss the severance agreements or respond to the allegations.

But his lawyer, Kevin J. Kitson, issued a statement saying said that Wiese had behaved professionally.

Some of Wiese's former colleagues said he brought heightened professionalism to oversight of the authority's offices and power plants, introducing stringent new security requirements that were needed after the terror attacks of Sept. 11, 2001.

They also said he was instrumental in tightening up enforcement of the authority's policies on travel, expenses and contracting.

The nondisclosure agreements covered only a small number of the hundreds of people who have left the authority in the last decade.

"On rare occasions, after undertaking a litigation risk assessment of actual or potential disputes arising out of an employee's employment, or departure from employment, the power authority has offered an employee the opportunity to enter into a separation agreement," the authority's spokeswoman, Christine Pritchard, said in a statement.

"The separation agreement may contain a narrowly drafted confidentiality clause designed to protect the privacy interests of both parties."

Inquiries at eight other major authorities in the state revealed only two others, the Metropolitan Transportation Authority and New York State Housing Finance Agency, that have included similar language in severance agreements.

The Times tried to contact all of the people who the power authority said had signed the agreements.

Some of those people did not return repeated calls, while others declined to comment for this article on the reasons for their departures from the authority.

A spokesman for the housing agency said that such agreements had been used fewer than a half-dozen times in the last 10 years.

A spokesman for the transportation authority said that nondisclosure language was used only rarely and that a precise tally was not immediately available.

The power authority agreements are likely to renew concerns about the state's public authorities, which some government watchdogs have complained operate with excessive secrecy and limited accountability.

The power authority has long faced criticism of its management and practices, from overly generous salaries to its ownership of a private airplane.

Some experts said that the nondisclosure agreements run counter to the presumption in state law that public employees are free to speak about the function and conduct of government agencies.

They said that that presumption would also extend to authorities, which are created and overseen by elected officials to provide public services.

"I think that it would be unusual, No. 1, and No. 2, probably unenforceable," said Robert J. Freeman, executive director of the State Committee on Open Government, which oversees the implementation of New York's Freedom of Information Laws.

Pritchard said that the confidentiality language was not meant to silence whistle-blowers or prevent criticism of the authority by former employees.

"The separation agreements, as a rule, do not prohibit the employee from discussing aspects of his or her work or experiences at the authority other than the settlement and its terms," she said.

But Assemblyman Richard L. Brodsky, a Westchester Democrat, said that he believed the language in the power authority's severance agreements was so broad that it would prevent former employees from speaking openly about any mismanagement or corruption they witnessed while on the job, even if it was unrelated to their termination.

"There is no public interest in muzzling people who may have witnessed wrongdoing as a condition of their retirement," Brodsky said.

Since learning of the nondisclosure agreements from The Times, Brodsky and state Sen. John J. Flanagan, a Long Island Republican, have introduced legislation to outlaw their use by the state's public authorities.

Seven of the severance agreements predated Wiese's tenure at the authority.

For example, severance agreements with nondisclosure provisions were signed in 1997 by Robert G. Schoenberger, a former president, and Charles M. Pratt, a former general counsel.

Both served at the authority under Gov. Mario M. Cuomo, a Democrat, and left during Pataki's first term.

But former and current employees identified others who signed the agreements as people who had clashed with Wiese, who was installed at the authority in 2003 the day after he retired from the State Police, where he ran Pataki's security detail.

To critics, Wiese's arrival merely bolstered the authority's reputation as a den of political intrigue and patronage.

Some of those individuals, who spoke on the condition of anonymity out of fear of retribution from Wiese, said that he was eager to dig up damaging information on anyone who angered him or collided with his allies at the authority.

A former senior official at the agency praised Wiese's work on improving power plant security, but said, "He liked to get something on everybody."

"In the bureaucracy, it's always good to have something on somebody else."

[Livyjr]

TALK ABOUT MISLEADING HEADLINES IN THE NEWSPAPERS, ALRIGHT ....

THIS PROGRAM ISN'T INTENDED TO SAVE FORECLOSED HOMES ...

IT IS INTENDED TO SAVE THE BANKING INDUSTRY TIME AND MONEY IN FORECLOSING ON THEM ....

And so ...

"NY courts create program to try to save foreclosed homes"

By SAMUEL MAULL, Associated Press

Last updated: 5:03 p.m., Wednesday, June 18, 2008

NEW YORK -- In response to "crisis" numbers of mortgage foreclosures in New York state, the court system is creating a program to reduce the time, expense and potential losses involved in the process, the state's chief judge said Wednesday.

Judge Judith S. Kaye said that since January 2005, foreclosure filings have increased 150 percent statewide from 15,599 to 38,807 and are likely to rise at least another 40 percent in 2008.

She said 90 percent of filings end with people losing their homes.

"New Yorkers are losing their homes in record numbers," the chief judge said, describing how some neighborhoods have been ravaged by the wave of foreclosures.

"Like so many other problems in our society, the courts end up dealing with the fallout."

Kaye said legislative and regulatory reform was beyond the judiciary's reach, but that the court's Residential Foreclosure Program will serve as a king of mediation service, letting homebuyers know about legal and mortgage counseling services available to them.

Up until now, the courts' role in foreclosures has been chiefly to issue judgments of mortgage default in cases brought by lenders.

Under the program, two notices will go to the homeowner: one from the lender as part of the summons and complaint to the borrower, and the second from the court when the lender files a special foreclosure request for judicial intervention.

The homeowner will receive a brief, easy-to-read court notice with information about the legal and mortgage counselors' services whenever foreclosure begins.

The court system will assign specially trained court personnel to run court departments specifically designed to implement the new program.

With the aid of case managers, they will schedule conferences and provide other support.

Case information will be available online.

The homeowners and lenders will have a chance to attend early court conferences to explore settlement possibilities without further court action.

Court personnel will get involved only at the parties' request.

Even if a settlement is not reached, the conference can help the parties develop a plan to streamline proceedings and avoid unnecessary delays.

Kaye said streamlining could cut the foreclosure process from 18 months to three.

Michael P. Smith, president of the New York Bankers Association, joined Kaye at her news conference and praised the program, saying, "We believe we can develop a model we can export to other court systems."

The program will begin in Queens in the fall and move to other counties later.

According to Kaye's office, the two hardest hit counties in the state in 2008 are likely to be Suffolk on Long Island with 7,445 and Queens with 5,945.

A spokesman for Kaye's office said he knew of four other states that have mortgage foreclosure programs in their court systems -- New Jersey, Connecticut, Pennsylvania and Ohio.

[Livyjr]

"NY AG reaches pension fraud settlement with law firms"

Associated Press

Last updated: 4:03 p.m., Wednesday, June 18, 2008

ALBANY -- Lawyers and partners at two more law firms will stop collecting state pension benefits for serving public school district clients.

Attorney General Andrew Cuomo said Wednesday that members of the Girvin & Ferlazzo firm in Albany and the Hogan, Sarzynski, Lynch, Surowka & DeWind firm in Binghamton agreed to end the practice and return pension payments and accrued credits.

The lawyers didn't admit any guilt and Cuomo didn't charge them with crimes.

The arrangements have long been approved by auditors and the state Education Department, but are now being challenged by Cuomo and Comptroller Thomas DiNapoli.

With $500,000 from Girvin & Ferlazzo and $100,000 from the Hogan firm, law firms from Buffalo to Long Island have agreed to pay $900,000 and rescind pension credits as part of the investigation.

Cuomo said M. Cornelia Cahill, a lawyer who was a partner in the Girvin firm and didn't settle, could face further investigation.

She is married to state Court of Claims Presiding Judge Richard Sise, whose court hears lawsuits against the state.

Cuomo says she was listed as a school employee but never worked on labor matters, the service for which she was listed.

Cahill, a public finance attorney representing schools and governments, didn't immediately respond to a request for comment.

The state Senate plans to introduce a bill Wednesday that would outlaw public pension benefits for contracted private sector professionals.

Cuomo spokesman John Milgrim said Cuomo is working on a compromise between the Senate and Assembly that could be voted on by the scheduled end of the legislative session next week.

[Livyjr]

“I’ve been dealing with rogues and thugs my whole life,” Mr. Bruno added.

http://www.nytimes.com/2007/05/29/nyregion/29spitzer.html?hp

JOE BRUNO WANTS ONLY "RUBBER-STAMPS" IN NEW YORK STATE WHO WILL DO WHAT HE WANTS THEM TO DO AND SAY WHAT HE WANTS THEM TO SAY FOR THESE ROGUES AND THUGS THAT JOE BRUNO REPRESENTS AND DOES HIS DEALS WITH ....

"Bruno: Fire judge in Iberdrola ruling - Top Republican blasts decision; says $4.5B utility deal helps state"

By LARRY RULISON, Business writer, Albany, New York Times Union

First published: Wednesday, June 18, 2008

ALBANY -- State Senate Majority Leader Joseph L. Bruno said Tuesday that if it was up to him, he would fire the administrative law judge overseeing Iberdrola SA's $4.5 billion acquisition of Energy East Corp.

Judge Rafael Epstein issued a decision in the case Monday, saying the deal shouldn't be approved by the five-member Public Service Commission without certain conditions, including limiting where Iberdrola can build wind farms in the state.

Epstein also suggested the PSC require Iberdrola to set aside $646 million in benefits for New York consumers.

In remarks made Tuesday on Talk 1300 AM during New York Post political writer Fred Dicker's daily radio show, Bruno said the judge's decision, which is not binding, is bad for business in the state and bad for its renewable energy goals.

"That administrative judge -- I don't know who that person is -- they have a right to their own opinion," Bruno said.

"But that person ought to be dismissed."

"That's how I feel."

Energy East, based in Maine, has 1.3 million customers in upstate New York through its New York State Electric & Gas and Rochester Gas & Electric subsidiaries.

Utility mergers in the state must be approved by the PSC, and the process that leads up to that vote is much like a trial, with testimony and exhibits filed on behalf of the companies and other interested groups, such as state agencies and consumer groups.

Staff at the PSC, who advise the five commissioners on the PSC, also play a role in the proceedings.

The evidence is presented to an administrative law judge who makes his own recommendation to the commissioners on whether the merger is in the "public interest," as required under law.

The PSC commissioners don't have to follow the judge's recommendation.

Bruno spokesman Scott Reif said Tuesday the senator stands by his comments and believes the Iberdrola merger would encourage alternative energy production that would reduce gas prices and home heating fuel costs in the state.

PSC spokesman Jim Denn noted that the administrative law judge is independent by design and his role is to offer his professional opinion on the case.

"Parties in the case and the public might not always agree with that opinion, but that's what the process calls for -- an independent review of the record," he said.

Iberdrola said it is ready to walk away from the deal if it doesn't get what it wants.

The company is upset by conditions that would prohibit it from building wind farms in the NYSEG and RG&E service areas, and the more than $640 million in benefits that would have to be returned to consumers.

"Iberdrola will reconsider this transaction and seek other options in the United States if the final PSC ruling imposes unacceptable conditions on the transaction in these two key areas," a company spokesman said.

Larry Rulison can be reached at 454-5504 or by e-mail at lrulison@timesunion.com.

[Livyjr]

"More calls for PSC change - Elected officials fear agency's handling of Iberdrola proposal will limit wind development"

By LARRY RULISON, Business writer, Albany, New York Times Union

First published: Saturday, June 21, 2008

ALBANY -- A Rochester-area Democrat is joining state Senate Majority Leader Joseph L. Bruno in calling for reform of the Public Service Commission.

Assemblyman Joseph Morelle, D-Irondequoit, says he is preparing legislation to re-evaluate the role of the five-member PSC and its staff, known as the Department of Public Service.

Morelle and Bruno expressed outrage this week when an administrative law judge urged the PSC to place significant conditions on Spanish utility Iberdrola SA in its $4.5 billion acquisition of Energy East Corp.

Based in Maine, Energy East has 1.3 million customers in upstate New York through its Rochester Gas & Electric and New York State Electric & Gas subsidiaries.

The RG&E and NYSEG service area reaches from Rochester to Binghamton and to parts of the Capital Region and the North Country.

Legislative leaders from both political parties, as well as U.S. Sen. Charles Schumer, D-N.Y., have been critical of the PSC's handling of the case.

The commissioners, who are appointed by the governor, have yet to vote on the merger or even discuss it.

But as part of the proceeding, staff at the Department of Public Service have opposed the merger on several grounds and called for a number of conditions to be placed on the deal.

The staff have urged PSC members to ban Iberdrola, the world's largest wind developer, from owning or building electric generation in the state.

They have also asked Iberdrola to set aside $640 million in customer benefits, although Iberdrola has only offered $200 million.

The judge overseeing the case, Rafael Epstein, recommended on Monday that the PSC ask Iberdrola for the full $640 million in customer benefits.

Epstein also wants to ban Iberdrola from owning or building power generation, including wind turbines, within the RG&E and NYSEG territories.

Bruno and others say limiting Iberdrola's wind development in the state would be foolish because Iberdrola wants to invest $2 billion in wind projects in New York over the next five years.

Gov. David Paterson, an advocate of renewable energy, has pointed out the judge's ruling is not binding.

In a statement, Paterson said he is specifically focused on Iberdrola's $2 billion wind development plan.

Paterson called the $200 million in customer benefits Iberdrola has already offered to consumers "significant" and hopes commissioners "would not let the perfect be the enemy of the good" when it comes to the final amount they request.

The PSC meets next on July 16, though a vote on the Iberdrola case hasn't yet been scheduled.

Assemblyman Morelle said in a statement he wants the "scope and authority" given to the PSC and the Department of Public Service to be examined in light of the state's deregulated energy market.

"Over the last 12 years, New York's energy industry has gone through a massive and unprecedented restructuring designed by bureaucrats without a single legislative act," he said.

Rulison can be reached at 454-5504 or by e-mail at lrulison@timesunion.com.

[Livyjr]

"More calls for PSC change - Elected officials fear agency's handling of Iberdrola proposal will limit wind development"

By LARRY RULISON, Business writer, Albany, New York Times Union

First published: Saturday, June 21, 2008

ALBANY -- A Rochester-area Democrat is joining state Senate Majority Leader Joseph L. Bruno in calling for reform of the Public Service Commission.

Assemblyman Morelle said in a statement he wants the "scope and authority" given to the PSC and the Department of Public Service to be examined in light of the state's deregulated energy market.

"Over the last 12 years, New York's energy industry has gone through a massive and unprecedented restructuring designed by bureaucrats without a single legislative act," he said.

AND FROM THE DEPARTMENT OF REALITY, WE HAVE ....

WHO IS KIDDING WHOM HERE ....

THE NEW YORK BUSINESS COUNCIL - HOT TOPICS - AUGUST 1998

"How deregulation of power utilities will affect New York State businesses"

By Kevin Lanahan

The ongoing restructuring of New York's electric utility industry is affecting the state's entire business community in many ways.

Businesses of all sizes and kinds will see many changes in how they buy and pay for power.

High energy costs: New York's electricity costs have exceeded the national average, and business has clamored for relief for more than a decade.

Extremely high taxes, misguided legislative mandates, and overreaching regulations of the past are the main reasons for New York's high electric costs.

Deregulation: In 1996, partly because of these concerns, New York's Public Service Commission (PSC) and major utilities agreed to a sweeping deregulation of the power utility industry.

The goal is to bring the benefits of competition to the market.

It was determined that true competition could be achieved if New York's investor-owned utilities first separated generation, transmission and distribution functions.

So the PSC directed utilities to sell all power generation facilities.

The first sale of a utility's generation assets happened in August.

A Virginia-based company bought six coal-fired plants from New York State Electric & Gas (NYSEG) for $950 million.

NYSEG also sold its 50 percent share in the coal-fired Homer City Electric Generating Station for $1.8 billion to Edison Mission Energy, an international firm.

Other such auctions are expected to follow.

New York utilities can themselves form holding companies and subsidiaries that may also be permitted to buy generation facilities.

In a deregulated market, utilities will still oversee transmission and distribution of power within existing service territories, with the PSC continuing to regulate these activities to ensure safety and reliability.

Generating companies will sell power to "energy service companies" that will, in turn, retail it to residential and business consumers.

The New York State Power Pool, a cooperative of the seven utilities that oversees transmission throughout the state, will be replaced by an independent system operator (ISO).

The ISO will be run by industry experts with experience in power generation, distribution and marketing, economics, consumer protection and environmental advocacy.

The ISO will work with the New York State Reliability Council to implement reliability standards and rules for the transmission system while monitoring compliance.

Market pricing: In the regulated market, utilities were sole providers of generation, transmission and marketing in their service territories.

Prices were regulated and approved by the PSC.

Ideally in the new market, both wholesale prices (what generators charge marketers) and retail prices (what marketers charge consumers) will be set by market forces.

However, the PSC consciously decided to introduce competition gradually with a deregulation plan that minimizes confusion and lets utility consumers make informed choices about their energy suppliers.

The PSC has also given utilities the opportunity to recover their "stranded costs"-past investments by utilities, often on orders from lawmakers.

The PSC recognized that many of these mandated investments of the past could not be recouped if the introduction of competition were immediate and total.

So the restructuring plan obliges new generation companies that wish to acquire generation facilities and compete in New York to add "competitive transition charges" to their bills, with revenues going to existing New York utilities to offset stranded costs.

According to the settlement agreements with the PSC, these competitive transition charges will sunset at varying times, depending on the utility.

Impact on ratepayers: How deregulation will affect ratepayers depends on the utility and the type of ratepayer.

In general, large manufacturers will enjoy the biggest rate cuts, some as much as 25 percent below current rates.

(Existing discounts through economic development incentive programs will be folded into these savings, not added to them.)

Small and medium-sized businesses and residential customers will see more marginal savings.

Next steps for The Business Council: The Council strongly supports competition in all markets and supported the deregulation plan.

But The Council will continue to urge lawmakers to address a key remaining cause of New York's higher energy costs: high energy taxes.

The Council is urging lawmakers to reduce the state's gross receipts tax on utilities and other taxes on transfers of assets between holding companies.

These taxes limit the ability of utility holding companies, and others in the new power market, to make prudent capital investments and further reduce the cost of electricity in New York State.

Kevin Lanahan is The Council's legislative analyst specializing in energy and telecommunications. For information on the new competitive power market, call 1-888-ASK-PSC1.

http://www.bcnys.org/capital/0806kevn.htm

[Livyjr]

"Drawing state pay from a distance - Ex-tax official allowed to work from retirement home in South Carolina"

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

First published: Monday, June 23, 2008

ALBANY -- The state's former tax commissioner, who retired in January, was quietly rehired to a part-time attorney's job in the agency she headed and is telecommuting from her home near Hilton Head, S.C.

Barbara G. Billet, 58, who has worked in various state jobs for more than 20 years, headed the state Department of Taxation and Finance as acting commissioner for 14 months before retiring from the $155,000-a-year position, which is a politically appointed job.

An agency official defended the hiring last week, saying Billet is considered a valuable worker who must conform to strict telecommuting rules, and is treated like any other employee.

Billet is the only person working for the 4,700-employee agency who is allowed to telecommute entirely from home, according to Thomas Bergin, the agency's spokesman.

Two months ago, agency workers discovered Billet had rejoined the agency in March as a part-time senior attorney in a job that pays about $30,000 a year.

Billet created the position, which had been vacant before her appointment, at a time when she was head of the agency, employees said.

Bergin disputed that account and said Billet's position was created in 1987, and that she was simply reinstated to a post she held years ago before becoming commissioner.

A member of the Public Employees Federation (PEF) familiar with the unprecedented job arrangement contends the state Inspector General's office declined a request to fully investigate the matter when the union filed a complaint on April 12.

The complaint was instead referred to the Department of Taxation and Finance's own deputy inspector general, who found nothing wrong with Billet's job arrangement.

The unusual setup enables Billet to collect a state salary while living nearly 1,000 miles from the agency's Albany headquarters.

Yet the job is a civil service position that was never posted for others to apply, according to the spokesman.

"I do telecommute from here," Billet said Friday in a telephone interview from her home in Beaufort, S.C.

"I've got a special project I'm working on with one of the offices and I have lots of work to show for it."

Records show Billet collects a pension of $49,349 annually on top of her part-time salary.

Billet, a former attorney with the Albany firm O'Connell & Aronowitz, was appointed deputy solicitor general by former Gov. George Pataki.

She then became solicitor general before heading the Moreland Act Commission that investigated New York City schools.

Pataki appointed Billet as acting tax commissioner in November 2006, after she had been with the agency for six years.

Billet holds a South Carolina driver's license, where she is a full-time resident, records show.

She is not listed in telephone or e-mail directories on file with the state tax department, according to people who work there.

"Nobody knew about this little perk that she walked out the door with," said a state employee familiar with the matter.

The employee, who is not authorized to discuss the matter publicly, said the deal allegedly was approved by the office of former Gov. Eliot Spitzer, who kept Billet as acting tax commissioner for more than a year despite her ties to the Pataki administration.

Billet's new job is part of a project she created that's known as "Clear Language Initiative."

It measures the savings and revenues generated by having technical tax codes transformed into directives that taxpayers can more easily understand, Billet said.

"She brings a level of skill and experience here that's unusual for a program like this," said Bergin, the agency spokesman.

"We think we're getting tremendous value in return."

Billet works about 15 hours a week and submits time and attendance cards, he said.

"There was an initiative in the state of Washington that gave me the idea," Billet said of the program she's working on.

"I created an office, set it up; it's a very small office ... (and) I sort of have a passion for it."

"I started it."

Of the telecommuting arrangement, she said the sprawling agency has "people all over the country that are out auditing so it's nothing unique to me."

Indeed, the agency has a field office in Chicago and its auditors routinely travel the nation.

Billet's position does not involve travel.

The agency has strict policies that sharply regulate the amount of time employees may telecommute and who is allowed to do it.

In general, employees said, they cannot work more than a handful of days per month from home, and only with prior approval from a supervisor, according to people who work for the agency.

There are 638 employees who are allowed to telecommute, but only some of the time, Bergin said.

Civil service workers in New York have sought broader telecommuting privileges, but have met resistance from agency heads.

Darcy Wells, a spokeswoman for PEF, said there are many workers who have "valid reasons" to apply for telecommuting privileges and are denied.

"We do take issue with political appointees who manipulate the civil service system for the purpose of job security during the change of administration, which appears to be the case here," Wells said.

"These types of appointments undermine the merit and fitness system, and that offends our membership."

Billet's part-time salary is based on a 40 percent work week in a job that normally pays about $80,000 a year.

The part-time salary is low enough that she may continue collecting her pension without a waiver, according to state officials.

The part-time status also kept Billet's name off quarterly payroll reports that are shared with the union that monitors the agency's employment records.

Union officials said they learned about Billet's job two months ago after seeing her name listed as receiving a $1,000 "longevity bonus" in a separate payroll report on file with the state comptroller's office.

In response, PEF officials filed a complaint with the state Inspector General on April 12 requesting that the situation be investigated as a potential "no-show" job.

Union officials said not long after their complaint was filed the state tax department put out an internal notice to employees -- on June 12 -- formally announcing the project and Billet's re-employment.

J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.

Profile Barbara G. Billet, 58, retired as New York's acting tax commissioner, then began part-time work as the agency's only telecommuter: Years of state service: 20.5 Top state salary: $150,553 Current pension: $49,349 Present salary: $31,736 (est.)

Source: New York state public records.

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"Time short for tax cap - Despite support from voters, Paterson and many lawmakers facing election, clock likely to expire this session"

By RICK KARLIN, Capitol bureau, Albany, New York Times Union

First published: Monday, June 23, 2008

ALBANY -- Despite earlier predictions that Gov. David Paterson's plan to cap school property taxes was "dead on arrival," state Senate leaders over the weekend were looking seriously at the measure and may take it up today before leaving on summer break.

As a compromise, Paterson and senators were looking at a "sunset" provision that would allow a cap to be revisited in a year or two if it were to become law.

Still, a cap would have to get through the Assembly, which is unlikely to happen during this legislative session given Democratic Speaker Sheldon Silver's opposition to a cap without other measures such as a "circuit breaker," which would provide tax breaks to homeowners and guarantees the state would make up any shortfalls to local school districts.

Paterson, though, has suggested he would bring lawmakers back during the summer or fall to reconsider a cap if it doesn't pass.

Assembly Democrats, who hold a 106-42 seat majority, are under less political pressure to pass the cap than Senate Republicans, who are fighting to maintain their 32-30 majority.

Senators late Sunday were also looking at passing a two-year freeze on property tax assessments, which determine a home's taxable value.

That would be a "companion" bill to the governor's tax cap.

The progress of Paterson's cap in the Senate would ultimately be a matter of political expediency.

By late last week, in the wake of a Siena Research Institute poll showing 74 percent of New Yorkers favor a cap, candidates seeking to unseat incumbent lawmakers in November had seized on the idea -- which was initially met with silence in the Legislature.

"A lot of Republican challengers have come out early in favor of a tax cap," said Matt Mahoney, executive director of the state Senate Republican Campaign Committee.

"The tax cap will be a big issue," agreed John Murtaugh, a Republican challenging Democratic Sen. Andrea Stewart Cousins in the 35th District, which includes much of Yonkers.

Many contested Senate seats are upstate and on Long Island where soaring school property taxes are a major complaint.

And Democratic challengers -- including Brian Foley, Kristen McElroy -- have been quick to embrace the issue.

Gioia Shebar, an Ulster County tax activist, said she believes there is growing sentiment to oust incumbents who are seen as obstructionist.

Her group, known as Tax Nightmare, is joining other organizations to consider starting a political action committee that would support candidates running on the tax cap issue.

"We've got a movement," she said.

The most recent tax cap concept arose from a study headed by Nassau County Executive Tom Suozzi, a former gubernatorial candidate.

The study found that there are a number of ways to ease the state's property tax burden, which is 79 percent above the national average.

But the signature idea was to cap the annual growth in school taxes at 4 percent or 120 percent of the Consumer Price Index, whichever is less.

The plan also has provisions for voters to override the cap and for districts to bank unused increases.

Much of the opposition has come from New York State United Teachers, the statewide teachers' union, whose half-million-plus members and significant campaign contributions carry a lot of influence in the Senate and Assembly.

NYSUT and other members of the education lobby say a cap could hurt some poor school districts.

They also worry it could link school funding too closely to state tax revenue, which fluctuates with the economy.

Among other alternatives, NYSUT last week was pushing for a closer look at cost-saving measures, such as consolidations of services, before capping taxes.

"We're talking to the Senate on redundant costs and inefficiencies," said Steve Allinger, NYSUT's legislative director.

NYSUT has focused on the Senate in the waning days of the session given Silver's opposition to a cap.

Assembly Democrats also have floated the idea of raising income taxes on the wealthy as a way to help fund schools.

Whether lawmakers can work out a deal in a day remains uncertain, although the Assembly is expected to be in town at least one more day, according to Majority Leader Ron Canestrari, D-Cohoes.

Rick Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com.

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"Utility bill surcharge to increase"

Albany, New York Times Union

First published: Monday, June 23, 2008

Utility bills are going up, thanks to the PSC.

The Public Service Commission agreed last week to have utility companies start collecting $172 million more a year for a "systems benefit charge," about twice what they now take in.

That cost, passed on to customers, will add 16 to 30 cents a month to homeowner bills, the PSC estimates.

Two years ago, lawmakers and then-Gov. George Pataki battled over the money from the charge, which critics say is a hidden tax over which the Legislature has no say.

Pataki vetoed a bill to seize the money for the general fund.

Environmental groups hailed the latest increase, and the PSC says the money will eventually come back to consumers by helping to fund energy efficiency programs aimed at a projected 15 percent reduction in energy usage by 2015.

The fine print

The law that rescued New York City Off-Track Betting Corp. comes with an unusual provision that allows the board of directors to meet in secret for two months.

Deep in the bill signed Tuesday by Gov. David Paterson is a passage that lets the board disregard open government laws.

It says the board may meet in executive session, including by telephone, on an emergency basis "without notice at any time" until Aug. 1, 2008.

"I don't know that it's necessary."

"It always bothers me when there's an aberration from the general rule," said Robert Freeman, executive director of the Committee on Open Government.

Most public bodies must meet openly and notify the public of the time and location.

Executive sessions require a public vote on a motion based on a limited set of legal reasons, such as talking about litigation or firing someone.

Staffers for Sen. William Larkin and Assemblyman Gary Pretlow did not know why the clause was inserted and said the proposals came from the governor's office.

Paterson's spokesman also did not have an answer.

Contributors: State editor Jay Jochnowitz and Capitol bureau reporter James M. Odato. Got a tip? Call 454-5424 or e-mail jjochnowitz@timesunion.com.

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"Bruno won't seek reelection - Majority leader tells colleagues he's retiring"

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

Last updated: 6:28 p.m., Monday, June 23, 2008

ALBANY -- Senate Majority Leader Joseph Bruno told fellow Republican senators a short time ago that he will not seek reelection, according to Republican sources.

The senator and his conference have been behind closed doors at the Capitol.

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The senatorial order shall be a model for the other sections of the citizen body.

If we achieve this, we shall have achieved everything.

The state, as a whole, is constantly corrupted when its leading men display evil ambitions and vicious behavior.

It is bad enough that leading figures in the state should do wrong.

But what is much more damaging is that there are so very many people who want to follow their example.

Recollect what happened in Rome's early history, and you will see that the character of our leading citizens was what moulded the shape of the entire community.

Whatever alterations occurred in the life-styles of the leading men were reflected in the lives of the whole population.

For that reason, national leaders who act improperly present a particular danger to the state, not only because of the undesirable practices in which they themselves indulge, but because they themselves infect the whole community with this poison - not only, that is to say, because they are corrupt, but because they corrupt others.

The examples they set to others do more harm than the bad things that they themselves are doing.

This law applies to the whole senatorial order.

Yet it can also be considerably narrowed down.

What I mean is that the capacity either to corrupt the morals of the nation or to improve them rests, actually, with only a few people, in fact, very few indeed, because of the lofty positions or reputations that they enjoy.

- Cicero, ON LAWS, translation by Michael Grant

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"Bruno won't seek reelection - Majority leader tells colleagues he's retiring"

By JAMES M. ODATO , Capitol bureau, and JAY JOCHNOWITZ, State editor, Albany, New York Times Union

Last updated: 7:45 p.m., Monday, June 23, 2008

ALBANY -- Senate Majority Leader Joseph Bruno will not seek re-election, the Brunswick Republican confirmed this evening.

Bruno's decision will end a more than three-decade career that led him to become one of the most powerful men in state government, and the defacto leader of the state Republican Party.

Insiders say Assemblyman Roy McDonald, R-Wilton, is Bruno's preferred replacement for his Senate seat, although Rensselaer County Executive Kathleen Jimino is said to be interested, too.

It also means a seat that had been considered a safe one for Republicans will not necessarily be a sure thing this fall.

With all New York lawmakers' two-year terms ending in December, Republicans are defending their narrow 32-30 majority in the Senate, the party's last stronghold in state government.

Democrats now hold the governor's post and dominate the Assembly by a 106-42 margin.

Should Bruno, 79, be followed by other older senators into retirement, the GOP would lose the power of incumbency in even more districts, further threatening the party's control of the chamber.

Who leads the Senate Republican conference next year was yet to be known.

Dean Skelos, R-Rockville the current deputy majority leader for legislative operations, has long been considered one of the most likely successors, but upstate Republicans may argue that a conference leader should come from what has traditionally been the party's base.

Bruno and his conference were meeting behind closed doors since late afteroon.

In a statement from his office, Bruno said that "After 32 years in office, I have decided that it is time to move on with my life and to give my constituents an opportunity for new representation and my colleagues in the Senate who have supported me, an opportunity for new leadership."

He also mused on his his time in public office, describing boths ups and downs.

"Public service has been a blessing for which I will be ever grateful."

"I have had the opportunity to work for and with hundreds of proud, distinguished New Yorkers."

"I have viewed my work not as a job, but as a privilege to come here day in and day out and stand up for the people of Rensselaer and Saratoga counties and stand up for the hardworking people I have come to know over the years."

He also called politics "a tough ball game."

"Tougher now than it has ever been."

Bruno said he was moving on "with a heavy heart, but an optimistic soul."

Bruno had earlier told his Republican conference and Democratic Gov. David Paterson of his decision.

Speaking with reporters, Paterson said he had no indication that Bruno's decision was connected to an ongoing FBI probe of the senator.

"He's a class act."

"He's a wonderful person."

"When he chooses the time, that time is fine," said Paterson, who was Democratic minority leader in the Senate before being elected lieutenant governor in 2006 on a ticket with Eliot Spitzer.

"It's a sad say for Albany, and for me."

Attorney General Andrew Cuomo concluded Bruno did nothing wrong under the state's lax travel rules, which were subsequently tightened.

Cuomo faulted Spitzer's aides for involving State Police in a political matter.

Bruno and Spitzer feuded for months as new information came to light on Spitzer's involvement in the records' release, and a report by District Attorney David Soares challenged Spitzer's claims that he didn't know about it.

Spitzer resigned in March after his involvement with a high-priced prostitute was revealed.

Bruno has had a quieter relationship with Paterson, the lieutanant governor who succeeded Spitzer.

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"NY Senate leader Joseph Bruno won't run again"

By MICHAEL GORMLEY, Associated Press

Last updated: 7:12 p.m., Monday, June 23, 2008

ALBANY -- Senate Majority Leader Joseph Bruno, who has run the Republican chamber for more than a dozen years, confirmed Monday that he won't seek re-election in the fall.

The 79-year-old Bruno, considered the oldest serving state legislative leader in the country, has been the state's top Republican since 2006.

Several Republican senators some of whom could seek the powerful majority leader's job, refused to comment on Bruno's decision, announced in a closed-door session on the last scheduled day of the 2008 legislative session.

Bruno has been under an FBI investigation for more than a year which appears to be looking at his business associates outside of state government.

Bruno's wife, Barbara, died in January.

They had been married more than 50 years.

"Today, I met with my Republican colleagues in the Senate and informed them that I will not be running for re-election this November," Bruno said in a prepared statement.

"After 32 years in office, I have decided that it is time to move on with my life and to give my constituents an opportunity for new representation and my colleagues in the Senate who have supported me, an opportunity for new leadership."

Bruno said he was grateful and felt blessed to be in his role so long.

"I have viewed my work not as a job, but as a privilege to come here day in and day out and stand up for the people of Rensselaer and Saratoga counties and stand up for the hardworking people I have come to know over the years," Bruno stated.

"Politics is a tough ball game."

"Tougher now than it has ever been."

"But after 32 years of many successes and a few failures, I know now more than ever, and I can say that with comfort and confidence, there is no calling greater than that of public service," Bruno stated.

Gov. David Paterson, a Harlem Democrat who has long had a close relationship with the upstate Republican, told reporters outside the Senate conference room that Bruno wants to pursue other interests in life.

"I think that it is, in some ways, a sad day for Albany and for me who would like to feel that I have a friendship with him outside of government," Paterson said.

Paterson said he didn't know if the decision had anything to do with the FBI investigation.

Paterson said he's unsure when Bruno would step down as majority leader.

Bruno's term ends Dec. 31.

------

AP Writer Valerie Bauman contributed to this report from Albany.

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"Bruno will exit arena - After 32 years in Senate, majority leader says he won't seek re-election"

By JAY JOCHNOWITZ, State editor, Albany, New York Times Union

First published: Tuesday, June 24, 2008

ALBANY -- Senate Majority Leader Joseph L. Bruno will leave office at year's end, adding to the shake-up at the top echelons of state government.

The Brunswick Republican stunned allies and colleagues Monday, confirming he will not run for re-election after a 32-year Senate career.

The de facto leader of the state Republican Party, Bruno has already set in motion a plan to pass the power to Sen. Dean Skelos, R-Rockville Centre, GOP insiders said.

When he will do so is unclear, although one senator, Thomas Morahan, R-Rockland County, said a vote today on replacing Bruno is expected, with the winner filling out his term as majority leader.

Bruno is expected to make a public announcement today about his decision and Skelos, according to a Senate official and a Republican operative briefed on the plans.

Sen. Thomas Libous of Binghamton, who has also been keen on becoming majority leader, will replace Skelos as deputy majority leader, a GOP official said.

Bruno becomes the third high-ranking state official to unexpectedly leave office in the past two years.

Democratic Comptroller Alan Hevesi left office in 2006, and Democratic Gov. Eliot Spitzer resigned earlier this year.

Few people seemed to know of Bruno's intentions.

"He called us in right before he told his members," said Edward Lurie, Bruno's former political director, referring to top staffers.

Assemblyman Roy McDonald, R-Wilton, would be Bruno's preferred replacement for his Senate seat, GOP officials said.

McDonald said he is "very much interested."

Rensselaer County Executive Kathleen Jimino had also been interested.

Bruno's seat, representing Rensselaer County and much of Saratoga County, had been considered a safe one for Republicans.

The race for the 43rd Senate district may be competitive for the first time in decades.

Bruno departs at one of the toughest points in his career, with a two-year-old FBI investigation of his business dealings hanging over his head and a recent push by federal investigators for more and more documentation.

Already, the probe has led to Bruno breaking off a more than 10-year job with a Connecticut investment firm, Wright Investors Service.

The FBI has looked into Wright securing contracts to invest New York labor union pension and benefit funds.

The senator had also been under heavy scrutiny for his use of state resources, including planes.

He spent months last year and early this year in a bitter battle with former Gov. Eliot Spitzer.

In January he became a widower when his wife, Barbara, succumbed to Alzheimer's disease.

Political problems have added to the burden.

With all New York lawmakers' two-year terms ending in December, Republicans are defending a 32-30 majority in the Senate, the party's last stronghold in state government.

The GOP has had setbacks, including a Democratic victory in a GOP-dominated North Country district in a special election in February.

Democrats now hold the governor's post and dominate the Assembly by a 106-42 margin.

Should Bruno, 79, be followed by other older senators into retirement, the GOP would lose the power of incumbency in even more districts, further threatening the party's control of the chamber.

However, a Senate source said all the GOP incumbents who had planned to run this year promised to campaign for re-election despite Bruno's departure.

Bruno met for almost two hours with his Republican colleagues behind closed doors but declined to face about 50 reporters and television crews.

An aide said Bruno would say more today.

The mood in the meeting, Morahan said, "was like a wake."

His colleagues in politics paid tribute to Bruno.

"Joe Bruno's leadership helped transform New York State and he will forever be remembered as a true statesman who always put the best interests of good government and the people he served first, foremost and always," said James Tedisco, the Republican Assembly minority leader.

Bruno released a statement as word spread of his decision.

A source familiar with his plans said he will be taking a vacation to Italy soon, although the senator told reporters earlier in the day to expect the Senate to return to Albany in July.

Bruno said in the statement he was ready "to move on with my life and to give my constituents an opportunity for new representation and my colleagues in the Senate who have supported me, an opportunity for new leadership."

He also mused on his time in public office, describing both ups and downs.

"Public service has been a blessing for which I will be ever grateful...I have viewed my work not as a job, but as a privilege to come here day in and day out and stand up for the people of Rensselaer and Saratoga counties and stand up for the hardworking people I have come to know over the years."

He also called politics "a tough ball game."

"Tougher now than it has ever been."

Bruno said he was moving on "with a heavy heart, but an optimistic soul."

Gov. David Paterson said he had no indication that Bruno's decision was connected to the ongoing FBI probe of the senator's business dealings.

"He's a class act."

"He's a wonderful person," said Paterson, who was Democratic minority leader in the Senate before being elected lieutenant governor in 2006 on a ticket with Eliot Spitzer.

"It's a sad day for Albany, and for me."

State Democratic Chairwoman June O'Neill suggested Bruno left because of doubts about the GOP's prospects in the Senate races.

"There is no better gambler in this business than Joe Bruno, but ... Joe Bruno looked across the table and saw we had a royal flush ..."

"We'll be curious to see who else decides to join him in the retired legislators section at the Saratoga Racetrack."

Bruno arrived in the Senate after winning a seat in 1976.

He rose to majority leader in late 1994 after he toppled the sitting leader at the same time that Republican George Pataki became governor.

Pataki, in a statement, said Bruno possessed passion and dedication that is rare in public life.

Assembly Speaker Sheldon Silver, D-Manhattan, said the senator's "no nonsense manner and spontaneous wit will certainly be missed in the Capitol."

Union staffers Irene Jay Liu and Kenneth Crowe contributed. James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com

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THE NEW YORK DAILY NEWS

"Senate GOP Leader Joe Bruno won't seek another Albany term"

BY KENNETH LOVETT and ELIZABETH BENJAMIN, DAILY NEWS STAFF WRITERS

Monday, June 23rd 2008, 11:06 PM

ALBANY - In an announcement both unexpected and stunning, the state's highest-ranking Republican, Senate Majority Leader Joseph Bruno, said Monday he will not seek reelection.

Bruno, 79, of upstate Rensselaer County, is expected to give up his leadership post Tuesday, a variety of sources said.

"While there may never be a good time to make these kind of life decisions, I have decided that it is time for me to move on with my life," Bruno said.

"I do so with a heavy heart but an optimistic soul."

Bruno recently lost his wife of 57 years and is the subject of an ongoing federal investigation into his outside business interests.

Just Monday, a source said, the Senate delivered 30 boxes of documents to federal investigators.

Bruno, who was treated for prostate cancer several years ago, departs at a time when the GOP has been bitterly fighting to keep control of the state Senate, where it has a 32-30 edge. Democrats control the Assembly.

Many older senators have hung in, in large part, because of Bruno, who has been Senate majority leader since 1995.

His departure could change that, which would be a benefit to Democrats, who have picked up four seats in recent years.

While calling Bruno a "dedicated public servant," state Democratic Chairwoman June O'Neill crowed that the Republican saw the writing on the wall for his majority.

"We'll be curious to see who else decides to join him in the retired legislators section at Saratoga Racetrack," she said.

The announcement came several hours after Bruno held a press conference with Gov. Paterson and Assembly Speaker Sheldon Silver to announce a host of deals to close the legislative session.

Bruno showed no signs of his pending decision, joking with both leaders but there were some signs before yesterday.

As he took the legal steps for a reelection run in recent weeks, Bruno was surprisingly coy when asked if he was running.

After meeting with Bruno later in the day, Paterson said he had an idea something was up several days ago during a private conversation with the majority leader.

"It is in some ways a sad day for Albany and for me," said Paterson, who was Senate minority leader while Bruno was majority leader.

The Democratic governor said he was not aware if the federal probe of Bruno was a factor in the decision.

"The senator wants to move on, there are other things he'd like to do," Paterson said.

"He's a class act."

Silver was also gracious in his remarks.

"Although we experienced our share of disagreements, I always recognized and appreciated the Senator's unwavering commitment to public service," said the Assembly majority leader.

Some of Bruno's members were ashen and close to tears as they left a closed-door meeting with him.

Deputy Majority Leader Dean Skelos of Long Island is expected to take Bruno's leadership slot today and Thomas Libous of Binghamton will get Skelos' deputy position, Senate sources said.

Bruno became majority leader shortly after Republican George Pataki was elected governor in 1994.

With the backing of powerful GOP leaders, he orchestrated a Thanksgiving Day coup against then-Majority Leader Ralph Marino, who campaigned with Democratic incumbent Mario Cuomo.

He started his tenure as a strong conservative but over the years, partially because of pressure from Pataki and partially because Democrats made gains in the house, he moved his members leftward.

"Senator Bruno always fought for what he believed in, tough enough to take a punch and always strong enough to land a punch," Pataki said Monday night of the former Army boxer.

While Bruno had his ups and downs with Pataki, it was all-out war with Pataki's Democratic successor, Eliot Spitzer, who was elected in 2006.

In what has become known as Troopergate, the Spitzer administration had state police compile travel records on Bruno so they could be released publicly to embarrass him.

Bruno went toe-to-toe with the tough-talking governor, accusing him of political espionage and often dismissing him as a "spoiled brat."

They battled until the day Spitzer resigned for hiring a hooker.

klovett@nydailynews.com

http://www.nydailynews.com/news/2008/06/23...nt_seek_an.html

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THE NEW YORK DAILY NEWS

"Scandals plagued Joe Bruno who once claimed he had 'nothing to hide'"

By Corky Siemaszko, Daily News Staff Writer

Tuesday, June 24th 2008, 12:34 AM

New York's most powerful Republican pulled the plug on his political career in the face of a widening FBI probe into his businesses - including land deals and racehorses.

That Senate Majority Leader Joseph Bruno was under investigation was no secret - he made the bombshell announcement in December 2006 as rumors swirled.

"I have nothing to hide," he said at the time.

The FBI probe faded into the background as the Troopergate scandal erupted and the majority leader was revealed to be the target of Gov. Eliot Spitzer, whose career was about to implode over a hooker scandal.

In February, The Albany Times Union reported the feds subpoenaed labor unions that invested pieces of their pension funds with a Connecticut firm that employed Bruno as a consultant.

Bruno again denied any wrongdoing - he later told New York magazine he might have "inadvertently" done something to get himself in a jam with the feds.

"Who the hell knows if, inadvertently, there's something there, that they uncovered, that they want to accuse you of," Bruno said.

"I think, 'What the hell could they get somebody to say that I said or did?'"

"I know that's what they try and do."

The probe began when a grand jury sent out subpoenas related to Bruno's dealings with Albany-area businessman Jared (Jerry) Abbruzzese.

Abbruzzese was a principal in a high-tech company in upstate Troy to which Bruno steered $500,000 in pork-barrel grants over the past four years, sources said.

One specific subpoena was issued to a bigtime Albany lobbyist, who confirmed the FBI rousted him for records on a land deal he and his pal Bruno were involved in until last year.

There have also been reports the FBI probe had expanded to look into Bruno's horse-breeding business.

In 2004, Bruno bought two mares from developer Earle Mack for $50,000, spent $74,000 to breed them and then sold three foals at auction for $425,000.

http://www.nydailynews.com/news/2008/06/23..._once_clai.html

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"Retirement won't end FBI probe - Senate has turned over boxes of records sought in Bruno inquiry"

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

First published: Wednesday, June 25, 2008

ALBANY -- An FBI investigation of former Senate Majority Leader Joseph L. Bruno is moving forward and will not be derailed by his abrupt decision to leave elected office at the end of the year, people familiar with the case said.

Bruno's announcement that he would not seek re-election comes as federal prosecutors for the Southern District of New York have visited Albany in connection with the nearly three-year-old criminal probe of Bruno's public and private business dealings, according to sources who spoke to the Times Union on condition they not be identified.

Several months ago, FBI agents from Albany met with prosecutors from the Southern District regarding the Bruno investigation, a person with knowledge of the meeting said.

The agents made an informal overture to the Manhattan-based federal prosecutors at a time when the FBI and prosecutors in New York's Northern District, under U.S. Attorney Glenn T. Suddaby, have been at odds about the handling of the Bruno investigation, which sources believe has been dogged by unnecessary delay.

Suddaby is awaiting confirmation by the U.S. Senate to a position as a federal judge in upstate New York.

He has declined to comment on the Bruno investigation.

In recent days, Boyd M. Johnson III, who leads the public corruption unit of the United States attorney's office for the Southern District, visited Albany around the time that boxes of records from the state Senate were turned over to federal authorities.

Sources close to the case said that the files had been requested by federal authorities months ago, but that the Senate delayed responding to the request.

It's unclear whether Johnson was in Albany specifically because of the Bruno records provided to the government.

The federal investigation is centered around Bruno's private consulting business, his horse breeding interests and the state's horse racing industry.

Federal grand jury subpoenas also were issued regarding Bruno's work for a Connecticut company that received tens of millions of dollars in investment dollars from New York labor unions.

Bruno, 79, abruptly resigned from that investment company in December.

The senator's Brunswick consulting company, Capital Business Consultants, also has been a focus of the probe.

Bruno has declined to identify his private consulting clients, or to disclose whether any of them have an interest in state government contracts or public funding.

Like many other legislators, the senator has, when asked, also declined to disclose publicly the amounts of his personal income, net worth or debt.

Paul Holstein, chief division counsel for the Albany FBI field office, declined to comment on why agents had met with the Southern District prosecutors.

He said the office is "fully committed to the public corruption program, which is a high priority for the FBI, and are committing necessary resources to address ongoing investigations."

The investigation of Bruno is being headed by two agents with extensive experience in white-collar and public corruption cases, Michael Bassett and Charles Dougherty.

Bassett has been with the agency 25 years and worked at field offices in Tampa, Fla., and Chicago, where he worked undercover posing as a commodities futures trader on the floor of the Chicago Board of Trade.

That investigation -- Operation Sourmash -- led to dozens of convictions and legislative reforms.

In Albany, Bassett has been the case agent on several high-profile public corruption investigations, including the insurance fraud case involving Albert Lawrence and the state bribery case of Albany engineer Ronald Laberge.

Dougherty came to Albany from the Newark field office, where he worked white-collar crime and public corruption investigations for more than 20 years, including 12 years as a supervisor.

Dougherty's work in the Newark office included investigations that brought convictions against multiple elected officials, including state senators, assemblymen and the former mayor of Newark, Sharpe James.

Early in the investigation, Bruno met with Bassett and another FBI official in Albany to discuss their probe, according to a person briefed on the meeting.

Bruno responded to their questions about his business dealings, and his answers were documented in FBI files.

It was a risky act for Bruno because citizens can be prosecuted for making false statements to federal agents involved in an official probe.

If a federal grand jury decides there are no criminal violations on Bruno's part, prosecutors have the option of providing Bruno or others with a letter indicating the panel took no action, a step that is akin to being exonerated.

Much of the investigation has focused on horse racing, an industry Bruno has staunchly supported and in which he has a deep personal interest.

The FBI probe outlasted a tumultuous period in New York's state-operated racing industry as it struggled to recover from allegations of mismanagement by its longtime operator, the New York Racing Association.

NYRA's contract to run the state's three thoroughbred tracks was renewed, but not before being imperiled by a heated takeover bid from several competing racing consortiums, including some whose investors have strong ties to Bruno and other elected officials.

More recently, the federal investigation has plied opinions Bruno received from the Legislative Ethics Commission that relate to his personal business ventures, including real estate development and horse breeding.

A person close to the investigation said federal authorities are examining the process by which Bruno received authorization from the ethics panel.

Bruno's attorney in Albany, William Dreyer, is a former federal prosecutor.

He could not be reached for comment Tuesday.

Dreyer's law firm has been paid more than $203,000 over the past two years from campaign funds connected to Bruno, records show.

A source briefed on the investigation said the FBI has built its investigation around the "honest-services" provision of federal statutes, a one-sentence amendment Congress inserted into federal law 20 years ago to close a loophole in its laws defining mail fraud and wire fraud.

The broadly written law prohibits anyone from depriving the public of an inherent "right to honest services."

J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.

[Livyjr]

And what about the FBI, then, Livyjr?

What happened to the FBI?

And here is another important question, that needs to be addressed and understood, in assessing this matter that is under discussion in here, which is an alleged "ring" operating in the State of New York, consisting of at least two doctors, and a hospital, and a corporation, and a very powerful and politically connected law firm in the Capital District area of the alleged corrupt EMPIRE STATE of New York, who for an alleged "pay-off", will allegedly remove a witness in a court proceeding, or a witness who is about to initiate proceedings in court, by the expediency of having the doctor falsely and fraudulently "certify" the witness as being a "dangerous mental patient" who requires immediate care and treatment in a secure mental facility operated by the corporation, with the blessings of the "state", or the REPUBLICAN side of it, anyway.

Once "BRANDED" in this way, of course, the witness is done, literally done, and all who must depend on such witness to make a case of government corruption in a court of law are then done, too, which is what this thread is all about.

SO!

The FBI!

What happened to the FBI?

Simple!

They were turned off like a "light bulb", and that was that!

No more contact allowed, by ORDER of the Office of the U.S. Attorney for the Northern District of New York.

How do we know this?

Well, for one, it came directly from the FBI special agent who was doing the digging into this matter of alleged corruption in the Town of Poestenkill Planning Board, and the Rensselaer County Department of Health, from approximately 1978, through 1988, and that is OUR best evidence, of course, and then that fact is also confirmed in Exhibit Q of the ORIGINAL COMPLAINT filed in this matter with Federal District Court for the Northern District of New York on June 18, 2003, about three months AFTER the President of the Albany County, State of New York Bar Association confirmed in a very public newsletter that in the Albany, New York area, where all of this was transpiring, and where the FBI investigation was being conducted out of, ATTORNEYS ASSOCIATED WITH THE ALBANY COUNTY BAR, have no ethics, which is to say, no integrity.

As the Bar Association President was to say, in paraphrase: "Ah, that GRAND and glorious feeling, give them a GRAND, and they feel just glorious", and folks, that is the way it is!

Money talks, and that is the only voice that can and will be heard in the courts of the State of New York, by order of the management.

Right after the FBI Special Agent filed his report which constitutes Exhibit P of the ORIGINAL COMPLAINT, which exhibit was quoted from above as concluding that the Rensselaer County Department of Health was violating State and local laws to facilitate developers in Rensselaer County, the Office of the U.S. Attorney TURNED THE INVESTIGATION OFF, like a faucet!

According to OUR account, which is based on a first-hand account by a witness, the FBI Special Agent then met with OUR expert and told him that the best course of action for him would be to leave, to just get out of town, and stay there, because OUR witness's "enemies" went way up higher than this FBI Special Agent's head, and where the Office of the U.S. Attorney had officially "turned off" the investigation, there was nothing further that he could do in the matter, and he was not going to jeopardize his career for us, who are essentially, just a bunch of nothing in the world of the rich and powerful in Albany, New York.

And why has this never come out before?

Well, where and how was that going to happen, would be my reply!

After all, it never was a secret in the first place.

Everyone in Rensselaer County at that time KNEW the FBI were investigating, because they don't blend in the first place, when they are around, and they definitely were around, right out in plain sight, trying to find people who would talk about having been threatened or shaken down by personnel from the Rensselaer County Department of Health for an "approval".

And not only was the FBI talking to people in Rensselaer County on what was to be a futile quest to find anyone, outside of OUR expert who would come forward as a witness, they were also present when OUR expert was put on "trial" by Rensselaer County for having made those reports to the State Health Commissioner which resulted in the FBI investigating this matter in the first place.

WE, who in mute witness, stand, were there, and WE saw the FBI there, and they saw us!

SO!

That is how we knew that there would be some kind of FBI records detailing the matter, and years later, through Freedom of Information, we were finally able to obtain copies of those records, which were then immediately "suppressed" again by the "powers-that-be" in Rensselaer County and the State of New York, and that brings us right on up to this present moment in time.

Thank you for your continuing interest.

To be continued .....

"Bruno facing FBI scrutiny - Federal investigators are looking into the outside business interests of state Senate majority leader"

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

First published: Wednesday, December 20, 2006

ALBANY -- Senate Majority Leader Joseph L. Bruno on Tuesday acknowledged he is being investigated by the FBI for what he described as his "outside business interests."

Bruno, in an abruptly called late afternoon news conference at the Capitol, revealed the probe and said he learned last spring it was going on.

He said subpoenas have been issued, and he did not believe he was the target of the inquiry.

"I have nothing to hide," Bruno said.

John Pikus, the FBI's special agent in charge in Albany, declined comment, referring questions to the office of U.S. Attorney Glenn T. Suddaby.

Bruno said the probe against him won't uncover wrongdoing.

"Palm Beach trip probed - Vacation, including a visit to a strip club, part of the Bruno-Abbruzzese inquiry"

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

First published: Sunday, January 14, 2007

WEST PALM BEACH, Fla. -- New York's legislative leaders had been in session only a few days last year when Senate Majority Leader Joseph L. Bruno quietly left town for a vacation in Florida.

The day would end with Abbruzzese bankrolling the senator's visit to a strip club.

The trip, the Times Union has learned, has become one of many events being scrutinized by federal authorities in an ongoing criminal investigation of the unusual relationship between the senator and the businessman.

On the drive back from the golf course, the men pulled into Rachel's, a high-class strip club and steakhouse in the heart of West Palm Beach.

There, patrons are greeted by overly polite valets who spend much of their time parking Range Rovers and customized BMWs driven by an almost exclusively male clientele.

A source who spoke to the Times Union about the trip said Bruno had no idea what was in store, although a sign outside indicates the club offers "adult entertainment."

Inside, $40 steaks and $90 bottles of wine are delivered by bow-tied waiters in a darkened four-star atmosphere.

On two stages in the center of the club, female performers, some fully nude, move fluidly under pulsing strobe lights while tunes from rockers such as Tom Petty and Jimi Hendrix pierce the air.

For those seeking a closer encounter, the women, many resembling Playboy centerfolds, offer private lap dances -- at a $20 minimum -- on a leather-covered bench near a secluded spot in the back.

Bruno's two-day vacation, including the night at Rachel's, was bankrolled by Abbruzzese, sources told the Times Union.

Sometime after the investigation began, according to sources involved in the case, Bruno placed several telephone calls to U.S. Attorney Glenn T. Suddaby, the top federal prosecutor in New York's Northern District.

The investigation is being headed by Suddaby's office and the FBI.

Bruno's spokesman disputes that account of the calls.

"Senator Bruno made one call to the U.S. Attorney's office when he was informed that they were conducting an inquiry," said John McArdle, director of communications for Senate Republicans.

"He did so to offer his complete and total cooperation."

"He did not call anyone repeatedly."

Suddaby declined comment, citing a policy not to discuss pending investigations.

"Retirement won't end FBI probe - Senate has turned over boxes of records sought in Bruno inquiry"

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

First published: Wednesday, June 25, 2008

ALBANY -- Several months ago, FBI agents from Albany met with prosecutors from the Southern District regarding the Bruno investigation, a person with knowledge of the meeting said.

The agents made an informal overture to the Manhattan-based federal prosecutors at a time when the FBI and prosecutors in New York's Northern District, under U.S. Attorney Glenn T. Suddaby, have been at odds about the handling of the Bruno investigation, which sources believe has been dogged by unnecessary delay.

Suddaby is awaiting confirmation by the U.S. Senate to a position as a federal judge in upstate New York.

Paul Holstein, chief division counsel for the Albany FBI field office, declined to comment on why agents had met with the Southern District prosecutors.

"Skelos expected to replace Bruno as Senate GOP leader"

By MICHAEL GORMLEY, Associated Press

Last updated: 11:52 a.m., Tuesday, June 24, 2008

ALBANY -- Sen. Dean Skelos of Long Island was expected to be elected leader of the Republicans' tenuous majority in the Senate on Tuesday, according to two Republicans briefed on the succession deal struck Monday night after Senate Majority Leader Joseph Bruno announced his retirement.

Under the agreement, Skelos' closest rival, Sen. Thomas Libous of Broome County, will be deputy majority leader, according to the two Republicans, who spoke on condition of anonymity because the decision had not been officially announced.

Skelos, 60, has been in the Senate since 1985 and is steeped in the ways of power Albany, including the authority of strong majority leaders to determine what bills even get to the floor for debate.

His expected election in a closed party conference would mean the Senate majority leader, the Assembly speaker, the Senate minority leader, the governor, comptroller and attorney general will all be from New York City or its suburbs.

Bruno, 79, is from upstate's Rensselaer County and has held the leader's job since 1995.

Skelos refused comment Tuesday morning.

"I think Sen. Bruno made his decision based on wanting to get on with other things in his life," Libous said Tuesday.

"We're all focused in coming back in the majority (after elections) and I think we will pick up a seat or two."

"My interest is in the Senate majority."

The agreement for Libous to step aside in favor of Skelos was made Monday night by senior senators to avoid an internal fight that could jeopardize the chance for the Republicans to keep their 32-30 advantage in the chamber.

Republican senators said Bruno simply had enough after a yearlong fight with former Democratic Gov. Eliot Spitzer, a two-year FBI investigation, and, most of all, the death of his wife in January.

They had been married 57 years.

"I felt he was suffering, the loss of his wife and few other things," said Sen. Hugh Farley, a Schenectady County Republican.

"He's my best friend and we came into the Senate together."

Farley and other senators said the change, while sad and surprising, will help re-energize the Senate Republican conference, which faces an increasing threat in the increasingly Democratic state.

The change in guard will also likely mean the millions of dollars in state funding and projects Bruno steered to his Albany area district will now go to Long Island if Skelos and the GOP keep the majority.

"It's time for a change," a sometimes teary eyed Bruno told reporters Tuesday.

"It's time for me in my life to step back and enjoy my family ... I'm satisfied."

Bruno said the FBI investigation played no role in his decision.

He insists he has never been accused of a crime and won't be, and the federal probe will end without action against him.

[Livyjr]

"Good timing for good deal"

Albany, New York Times Union

First published: Monday, June 9, 2008

The widow of former state Sen. Ron Stafford last month bought a home from the elder son of Senate Majority Leader Joseph L. Bruno at an apparent premium, at a time when she is seeking legislation that would benefit her company.

Kay Stafford bought 303 Bulson Road, Brunswick, for $475,000 from Joseph M. Bruno.

Town records show the three-bedroom residence on 17 acres, which is next to the senator's, is assessed at $74,100, with a total market value of $304,938.

In 2000, she married Sen. Ron Stafford, R-Plattsburgh, an ally of Sen. Bruno.

As Finance Committee chair, Sen. Stafford was second to Bruno in influence in the Senate.

Kay Stafford leads CMA Consulting in Latham, a company that state comptroller records show has received 199 state contracts since 1998 worth $94.6 million.

Most of that work -- in computer programming services and technical database services -- came in recent years.

CMA would benefit from a law proposed by Assembly Transportation Committee Chairman David Gantt, D-Rochester, that would allow counties to install cameras at traffic lights.

The bill would require technology offered by CMA Consulting.

Gantt has come under criticism for the measure because he long opposed traffic light cameras.

He changed his position after CMA hired his friend and former staffer Robert Scott Gaddy as its lobbyist.

At about the same time he sold his home, Bruno's son quit his $104,000 post as director of job order contracting at the State University Construction Fund on May 15, state records show.

His state career began in 1995, shortly after his father rose to lead the Senate's Republican majority and Gov. George Pataki took office.

JOE BRUNO IS "IL PADRONE" IN RENSSELAER COUNTY IN THE CORRUPT EMPIRE OF NEW YORK ...

THE "IRON DUKE" ...

ONE FIST MADE OF IRON, THE OTHER OF STEEL ...

AND "THE BATTLING DUKE" ISN'T AFRAID TO USE THEM BOTH QUITE LIBERALLY TO DESTROY ANYONE WHO GETS IN HIS WAY ...

And so ...

"Options are open for Bruno - Observers expect senator to shift to private sector, with possible link to female friend"

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

First published: Thursday, June 26, 2008

ALBANY -- Former Senate Majority Leader Joseph L. Bruno's exit plan involves continuing to work in the private sector, and insiders say, possibly with close friend Kay Stafford's Latham consulting firm.

"I think he intends to enter the business world," said Republican State Committee Chairman Joseph N. Mondello, who said he had several conversations with Bruno before his announced departure from the Senate.

"He has this feeling he hasn't adequately taken care for his family."

"Maybe it's an Italian thing."

Bruno, 79, stepped down on Tuesday from the leadership post he's held since 1995, a day after he announced he won't run for re-election.

The Senate chose Deputy Majority Leader Dean Skelos, R-Rockville Center, to replace him.

Bruno's personal financial picture is unclear, although it may be difficult for him to afford the lifestyle he enjoyed as majority leader.

Retiring from the post means losing the $41,500 stipend he received on top of his $79,500 base pay, along with a host of perks such as cars, drivers, secretaries and more.

Still, even if he doesn't work again, Bruno's retirement paycheck from the state pension system will be well above the median pay for Rensselaer County -- an estimated $95,000 per year given his 44 years of service credits and pay level.

According to people who have seen them together, Bruno and Stafford are very close.

She recently became the senator's neighbor, having purchased the property next door to Bruno from Bruno's oldest son for $475,000.

Also, Stafford and her firm, CMA Consulting Services, which performs computer data services and related work, hosted a $1,000-per-person fundraiser honoring Bruno on June 17, six days before he announced he won't run for re-election.

He has discussed joining CMA as an executive, according to a person familiar with Bruno and Stafford.

CMA has received $95 million in state contracts over the past decade.

It also gets subcontract work with other state contractors as a woman-owned enterprise.

Bruno has often touted his management acumen and his interest in continuing to be a businessman.

He once led Coradian Corp., a company that sold phone systems to public and private customers.

It was acquired in 1990.

His outside consulting and private employment has come under scrutiny by federal investigators.

That probe led to his breaking off a long-term job with Wright Investors Service, which had been a source of extra income for him during his 14 years as majority leader.

The FBI has subpoenaed Bruno's records as well as documents of those with whom he's done business, according to subpoenas obtained by the Times Union.

The FBI received 30 boxes of materials from the senator's office on Monday, according to a person with knowledge of the investigation.

The material sought included almost anything that's flowed into Bruno's office, according to a lawyer involved in the probe.

Legal expenses to deal with the criminal inquiry have mounted dramatically since the bills began trickling in two years ago, according to public campaign records.

The first few bills to the Dreyer, Boyajian law firm in Albany, Bruno's outside attorneys, amounted to $2,403 in 2006.

The Senate Republican Campaign Committee picked up the tab.

By 2007, when Bruno's own campaign fund started paying the legal bills, the figure had grown to $201,500.

Costs in 2008 have yet to be reported.

Robert Brehm, a spokesman for the state Board of Elections, said Bruno's campaign committee can continue paying the law firm even when he's out of public office.

"Just the fact that he's leaving doesn't trigger a change," as long as the costs arose from legal representation connected to holding office, Brehm said.

Indeed, other lawmakers have continued to dip into campaign funds for such expenses after leaving office.

With $1.6 million on hand as of January, Bruno's campaign fund has reserves.

Yet his expenses could prevent him from sharing the money to help others in his conference win election, which his campaign has done in the past.

Mondello noted that for Assemblyman Roy McDonald, R-Wilton, to win Bruno's 43rd District seat "it's going to take a lot of money."

Bruno did not specify his post-Senate plans during a lengthy news conference Tuesday.

He said he wanted to spend more time with his family -- mentioning grandchildren and a great-granddaughter.

The Brunswick Republican, whose wife died in January, said his departure has nothing to do with ill health, a lack of faith in the GOP's ability to hold the Senate or the FBI probe that he says goes back three years.

"He wants to make a few bucks ... for his grandchildren," said Mondello, a friend since Bruno was an aide to former Assembly Speaker Perry Duryea almost 40 years ago.

"He's made that comment to me several times."

Bruno, during a speech that drew a standing ovation in the chamber Tuesday night, paid tribute to all his colleagues and noted the former desk of the late Sen. Ron Stafford, Kay Stafford's husband, who died three years ago.

"I'm going to take it a day at a time in my life," Bruno said.

"Because I have learned that we only live a day at a time."

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