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

[Livyjr]

"Agency let slide parole failures - Documents confirm Times Union report that felons remained free despite violations; instead of disciplining those responsible, investigators searched for leaks"

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

First published: Sunday, April 22, 2007

ALBANY -- An internal investigation by state parole officials found that parole managers incorrectly allowed convicted felons to remain free and commit new crimes, but the state agency's leaders took no action against those found responsible.

Instead, the Division of Parole, then under the control of Gov. George Pataki, kept the results of their inquiry private and pursued charges against the people they suspected of leaking information to the Times Union.

"Parole officers union seeks probe - Board's subpoenas of personnel questioned; federal aid sought"

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

First published: Thursday, May 10, 2007

ALBANY -- Union leaders for state parole officers on Wednesday called for a federal investigation into the Division of Parole's use of subpoenas to access the private employee information.

The subpoenas were issued in the course of internal investigations, some of which resulted in disciplinary charges against parole officers.

The subpoenas were usually signed by the Board of Parole's chairman and used to obtain information such as personal telephone records or employee files from second jobs.

From 2002 to 2006, the agency issued 31 such subpoenas, according to data recently disclosed by the agency.

Those subpoenas were issued at a time when the division, under former Director Anthony G. Ellis, a State Police colonel, had significantly stepped up internal investigations, adding more than a dozen officers to the two-member internal affairs unit.

Parole officers contend investigators targeted employees who were outspoken union officials or suspected of leaking information about internal problems.

"We're here today to express our outrage of an abuse of power," said Ken Brynien, president of the Public Employees Federation, during a noon news conference on the steps of the Capitol.

Union leaders said attorneys are researching whether any laws were violated and whether the agency abused its subpoena powers.

A division spokesman recently said the agency has "ample legal authority" to subpoena information about officers who are under scrutiny for work-related matters.

The Times Union disclosed the agency's use of subpoenas last month as part of a report on how the division took no action against managers who incorrectly allowed felons to remain free and commit new crimes.

[Livyjr]

RE: Avi Schick and the Grasso Stock Market Compensation Matter

http://www.law.yale.edu/documents/pdf/CBL/...dents_Brief.pdf

http://www.nydailynews.com/blogs/dailypoli...oplevGrasso.pdf

THE NEW YORK TIMES

"Court Rules for Grasso in Pay Case"

By LANDON THOMAS Jr.

Published: May 9, 2007

Finally, some good news for Richard A. Grasso.

In a decision yesterday that raises the legal hopes of Mr. Grasso, the former chairman of the New York Stock Exchange, a New York appeals court dismissed four of six legal claims brought against him over his compensation.

The ruling may make it more difficult for the state to get Mr. Grasso to return a large portion of his $190 million pay package for his eight years as the exchange chairman.

Among the claims dismissed was a crucial one brought by Eliot Spitzer, then the attorney general for New York, which argued that Mr. Grasso’s pay was unreasonable under New York State’s nonprofit law.

Now, lawyers for the attorney general will have to prove in court that Mr. Grasso knew or should have known that his pay was unreasonable.

The five-judge panel, which voted 3 to 2, did not address last year’s decision by Justice Charles E. Ramos of State Supreme Court in Manhattan that Mr. Grasso must return as much as $100 million of his pay.

But the fact that the panel is raising questions about the attorney general’s authority to try several crucial portions of the case is sure to be seen as a positive development by Mr. Grasso and his lawyers.

The dismissal of a claim that Mr. Grasso received an illegal loan will almost certainly decrease the amount that he is being asked to repay.

“These four causes of action are not within the scope of the attorney general’s authority,” the majority opinion said.

In an earlier decision, Justice Ramos had refused Mr. Grasso’s motion to dismiss these claims.

The decision by the New York appellate division reverses that decision.

Jeffrey Lerner, a spokesman for Andrew Cuomo, the new attorney general, said that Mr. Cuomo was reviewing the decision and that he “expected to appeal” to the Court of Appeals, New York’s highest court.

The ruling is the latest in a long-running legal battle that has cost Mr. Grasso his job, run up an estimated $100 million in legal fees and sullied the reputations of some of corporate America’s top chief executives.

Now, almost four years after Mr. Grasso’s compensation first became public, the prospect of a settlement once again seems to have emerged.

“As these cases go, this matter is ripe for some kind of settlement,” said Robert A. Mintz, a securities lawyer and former prosecutor.

There had been no significant settlement discussions since Mr. Spitzer brought the case in 2004, as it became in many ways a personal battle of two headstrong men.

Mr. Cuomo has not yet embraced the case as publicly as his predecessor did, although he has appointed a lawyer in his office, Benjamin Rosenberg, to oversee it.

Mr. Lerner, the attorney general’s spokesman, refused to comment about the possibility of a settlement.

Mr. Grasso, who could not be reached for comment, has said on numerous occasions that he would not settle until he was vindicated.

Mr. Spitzer claimed in his lawsuit that the compensation that Mr. Grasso had accumulated from 1995 to 2003 as chairman was unreasonable.

With that claim dismissed, lawyers in the attorney general’s office are now likely to focus on the process of how Mr. Grasso was paid.

Indeed, the crux of Mr. Spitzer’s original case has always been that Mr. Grasso, in a premeditated fashion, conspired to withdraw his accumulated pay before another less-friendly board could come in and possibly raise questions about it.

In so doing, Mr. Spitzer charged, he took steps to keep board members in the dark about his soaring pension benefits.

That was the claim that Justice Ramos ruled upon last year and it became the basis for his demand that Mr. Grasso return a large portion of his pay.

Mr. Grasso has already appealed Justice Ramos’s decision, arguing that the stock exchange directors were informed about all aspects of his compensation.

Mr. Grasso’s lawyers have also argued that Justice Ramos did not have the authority to make the ruling that he did, and that the case should be heard instead by a full jury.

Yesterday’s decision, in effect, imposes a higher legal burden on the attorney general to prove that Mr. Grasso knew his pay was unreasonable and thus took steps to withdraw the money.

This may be difficult, as Mr. Grasso has provided ample evidence in depositions that stock exchange directors approved of his performance.

http://www.nytimes.com/2007/05/09/business...amp;oref=slogin

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

And reading through the TU article “Campaign donors overly generous - Groups call for state action; elections board says number of violators is likely less than report claims” by JAMES M. ODATO, Capitol bureau, Albany, New York Times Union, first published Wednesday, May 9, 2007, I noticed the following:

“Some of the biggest apparent violators include Smokin Joe’s, which totaled $28,300 in donations, the group reported.”

“The Native American cigarette business was joined by **** New York Society of Professional Engineers, $36,765 ….”

Now, there is a real telling New York State story, alright …..

The New York Society of Professional Engineers violating the law in NYS!

According to the Rules of Professional Practice in NYS for professional engineers, they are supposed to practice in SUBSTANTIAL COMPLIANCE with all federal, state and local laws, rules and regulations which govern the practice ….

But of course, that really is a joke, because the New York State Department of Education Office of Professional Discipline looks the other way on that issue ….

Because the New York Society of Professional Engineers, who are themselves regulated by the State Education Department, have a strong lobby and a lot of powerful political connections ….

Which in turn earns them a free ride here in Albany …

With the extra campaign cash they doled out helping to keep the skids well-greased ….

And so …

Comment by John Galt — May 9, 2007 @ 8:06 pm

http://blogs.timesunion.com/capitol/?p=4604#comments

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

In the TU article “Campaign donors overly generous - Groups call for state action; elections board says number of violators is likely less than report claims” by JAMES M. ODATO, Capitol bureau, first published Wednesday, May 9, 2007, it was reported that three government reform groups found 161 cases of business donations exceeding campaign limits from the 2006 election cycle, and that one of those alleged offenders was the New York Society of Professional Engineers, which is a sort of LICENSED PROFESSIONAL ENGINEERS’ GUILD that has somewhat murky origins and purposes, and does not represent nor speak for all licensed professional engineers in the State of New York ….

And being of the curious sort, myself, I went to this spreadsheet posted in here the other day of the alleged offenders:

http://spreadsheets.google.com/pub?key=pRI...rvwuXEXS_0eWGMA

And lo and behold, scrolling down a bit, there is GILBERTI STINZIANO HEINTZ & SMITH, 555 EAST GENESEE ST SYRACUSE NY 13202, Tarky Lombardi’s law firm from Syracuse, down there as an alleged offender, as well …

Of course, anyone from this area who has been involved in either extractive mining issues or garbage over in Rensselaer County will immediately recall the direct connection between “Diamond Bill” Gilberti, Esq. of GILBERTI STINZIANO HEINTZ & SMITH and the New York Society of Professional Engineers from the Dailey Mine hearings up in the Town of Hoosick in Rensselaer County in August of 1995 …

So, it’s kind of like an “Old Home Week” in here, seeing them back together again as alleged campaign cash violators on that spreadsheet …..

Although there is no “warm and fuzzy” feeling that comes from that, at all, given the political power that both wield here in the State of New York …

And so …

Comment by John Galt — May 10, 2007 @ 5:22 pm

http://blogs.timesunion.com/capitol/?p=4606#comments

[Livyjr]

THE NEW YORK POST

"NOTHING'S CHANGING"

May 11, 2007 -- The news from Albany on Day 131 in the Age of Spitzer is uniformly good for the bad guys, and bad for the good guys.

As for the governor's plans to "change everything" - well, don't ask.

Indeed, the operative question now is: How much worse will New York get?

Consider:

* A report yesterday by state Comptroller Tom DiNapoli showed that the budget Spitzer produced last month was as reckless - and misleading - as any in recent state history.

Maybe even worse.

* On Wednesday, the capital's villains-in-chief - Senate Majority Leader Joe Bruno (R-Local 1199) and Assembly Speaker Shelly Silver (D-Weitz & Luxenberg) - let on that they're plotting to undo one of ex-Gov. George Pataki's few worthy achievements: a plan to help rescue New York's tottering health-care system by closing unneeded hospitals.

That would be a breath-takingly cynical cave-in to the special interests - which is to say, totally in character for Bruno and Silver.

And precisely the sort of thing Spitzer promised to end.

Based on the record to date, he'll fail at that, too.

DiNapoli says he looked at the enacted budget and found $2.9 billion in spending that wasn't reported.

"It's very hard for taxpayers to understand how their tax dollars are being spent," DiNapoli said.

Talk about understatement.

The hidden outlays track to a pot that Spitzer and his legislative co-conspirators call "off-budget" spending.

But wasn't Gov. Fix-It going to make budgeting more transparent?

And wasn't he going to rein in runaway spending?

Well, it's every bit as much out of control now - probably more so.

As DiNapoli notes, total spending - that is, including all the secret stuff - will hit $124 billion this year, up almost $10 billion.

That's a mind-boggling jump of nearly 9 percent - more than three times inflation.

If you exclude federal funds, spending actually skyrockets almost 11 percent - some four times inflation.

Way to go, Eliot.

And then there's the hospitals.

Bruno and Silver are now pushing to forestall closings that they agreed to during Pataki's term.

The closings were meant to staunch some of the bleeding in state health-care outlays by trimming empty beds and wasteful overhead.

Lawmakers created an independent panel to say which would be closed.

That was supposed to be binding.

Ha!

The panel's report, Silver now says, "should not be the end-all and the be-all."

Even if he himself swore it would be.

See, the health-care union - which owns Silver and Bruno - sees hospitals (with or without patients) as a jobs bank.

It opposes the closings; thus, its legislative minions now do, too.

Spitzer, of course, says he won't let them prevail; his record says otherwise.

So: Can New York governance really get worse than it was under Pataki?

That's hard to imagine, but with Eliot "Everything Changes" Spitzer in charge, it's starting to look that way.

http://www.nypost.com/seven/05112007/posto...editorials_.htm

[Livyjr]

THE NEW YORK TIMES EMPIRE ZONE

May 10, 2007, 4:02 pm

"Spitzer Camp: DiNapoli report ‘Misleading’"

By Danny Hakim

The Empire Zone weighs in with more news from the sizzling debate over the state budget.

Is it $121 billion?

Is it $123.9 billion?

As devoted readers will recall, earlier today Comptroller Thomas P. DiNapoli said the budget was larger than previously thought — by $2.9 billion.

Now Gov. Eliot Spitzer’s budget director, Paul Francis, is rebutting, calling the comptroller’s report “highly misleading” and “misleading and inaccurate.”

Mr. Francis says the comptroller is counting capital spending items that are traditionally recorded as off-budget items.

“The spending identified by the Comptroller is spending that historically has not been included as on-budget spending in the State’s Financial Plan, nor is it included in the Comptroller’s published cash reports,” he said.

Snap!

Comments so far ...

May 11th, 2007 6:25 am

Who exactly are these Spitzer-ites trying to fool here with this talk of “capital spending items that are traditionally recorded as off-budget items”?

And that answer is us, obviously, since we, the people of NYS are the very ones who the “STEAMROLLER’S” people need to fool, to maintain an illusion that it is not just more “business as usual” up there in Albany, only with a new name on the door of the governor’s office on the second floor of the Capital building.

The “STEAMROLLER’S” empty promise to the people of the State of New York was supposedly, “everything changes on Day One”, and that should have meant all of this crap which has become “tradition” in Albany, despite its being outside the bounds of what our state Constitution allows!

And now, here are the Spitzer-ites relying on that very “tradition” to defend their flim-flam of us, as if we were nothing more than a pack of chumps or a bunch of just plain old ignorant schlubs!

And shame on us, if we let this “STEAMROLLER’S” fancy talker here snow us under with this load of crapola!

Shame on us, indeed!

And so ….

— Posted by Livyjr

http://empirezone.blogs.nytimes.com/2007/0...ading/#comments

THE NEW YORK DAILY NEWS

"About $2.9B worth of budget confusion"


BY JOE MAHONEY

DAILY NEWS ALBANY BUREAU CHIEF

Friday, May 11th 2007, 4:00 AM

The state budget approved last month by Gov. Spitzer and the Legislature came in higher than initially reported and actually increases spending by $2.9 billion, the state controller said yesterday.

The $121 billion budget passed on April 1 now tips the scale at $123.9 billion, an 8.2% increase over last year, controller Tom DiNapoli said in his annual report.

DiNapoli said the governor and legislative leaders arrived at the lower budget amount by channeling some spending into the past fiscal year and listing certain spending for capital projects as "off-budget."

For instance, the final budget number did not include more than $231 million sent to a state energy authority that came from fees imposed on utility ratepayers, DiNapoli said.

"The state is running up its credit cards even though we have cash in our pockets," DiNapoli said, warning the state could face a gap of $3 billion next year.

But Spitzer's top budget adviser, Paul Francis, argued DiNapoli's assertions were "highly misleading" because the "off-budget" funding that was left out "historically has not been included as on-budget spending."

"The governor's reports on the enacted budget offered more detail than any budget in the past, providing taxpayers with an accurate portrayal of state spending," Francis insisted.

The Spitzer team, he stressed, was simply following the budget format used by former Gov. George Pataki and was not attempting to understate overall spending.

An expert on the state's fiscal condition sided with DiNapoli's budget picture.

"There is no question that spending is growing at an excessive and unsustainable level," said E.J. McMahon, of the conservative Manhattan Institute.

Whether the two sides will agree next year on what should be counted in-budget and what should be counted off-budget remains to be seen.

"We certainly will be happy to talk to them about whether these things should be off-budget," said Francis.

jmahoney@nydailynews.com

http://www.nydailynews.com/news/2007/05/11..._confusion.html

[Livyjr]

"Intern policy sparks dust-up - GOP critic points to hiring as evidence of double standard in Assembly"

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

First published: Monday, May 14, 2007

ALBANY -- Assembly Republicans suspect Democrats who control the chamber are applying a double standard on how they deal with members who fraternize with interns.

Democrats say the Republican allegations are "a stretch."

The questions arise in the wake of a probe and sanctions against Republican Assemblyman Michael Cole of Alden, who was was publicly reprimanded and stripped of his ranking minority member title and $9,000 stipend after a unanimous recommendation from the bipartisan ethics committee.

Democratic Speaker Sheldon Silver implemented the recommendations.

Cole was censured for fraternizing with a 21-year-old female intern at an Albany sports bar and spending the night at her Albany apartment to sleep off his heavy drinking.

The young woman was fired, said Intern Committee Chairman Ronald Canestrari.

Unscathed was Assemblyman Sam Hoyt, D-Buffalo, who arranged the April 16 outing that drew Cole and the woman to Legends to root for the Buffalo Sabres in a playoff game.

Hoyt, along with other Assembly members, attended the gathering.

So did Hoyt's former intern, William B. Wadsworth.

Wadsworth had became Hoyt's committee clerk on March 22, payroll records show, making $1,600 every two weeks.

He'd been an intern since Jan. 2, making $450 every two weeks.

William Sherman, chief of staff for Assembly Minority Leader James Tedisco, R-Schenectady, said Assembly Republicans have been told they cannot hire their interns when their internship ends, at least not until after the legislative session is over.

At most, he said, those interns can be kept on as paid interns, subject to the anti-fraternization rules.

Hoyt, he said, got a break -- and got around the rules -- in being able to hire an intern midsession.

"It appears there's a potential for a coverup here," Sherman said.

Assembly employee rules say interns retain the title of intern for the remainder of the session "if employment is extended beyond the semester" -- typically the end of April or early May, said Silver spokeswoman Sisa Moyo.

The anti-fraternization policy, begun in 2004, adds that Assembly "employees" and interns who have prior existing relationships before the internship began are exempt from the policy.

The exemption doesn't include Assembly "members."

But Wadsworth, Moyo said, was a different case, because he left the intern program before finishing it.

That allowed him to be hired and no longer treated as an intern.

Hoyt said he he has known Wadsworth, 22, and his parents for years and treats him like a nephew.

He said he specifically asked Silver for the ability to hire Wadsworth after Silver appointed him chairman of the Local Governments Committee.

Canestrari said the complaints by Republicans "are a stretch" and called them "nonsense."

"If they have the resources, they can hire who they want to hire," he said.

Sherman doesn't see it that way.

"We're concerned about this in that I was told personally by the counsel for the speaker that an intern may not be hired for anything other than being an intern during the session," Sherman said.

He noted that Wadsworth's pay, worth $41,600 on an annual basis, is more than associate counsels in the minority are paid.

Canestrari pointed out that an intern for the minority's central staff was allowed to be promoted to an employee last year midsession.

But Sherman said that since the rules took effect in 2004, no intern working directly for an Assembly minority member has been allowed a promotion after the internship ended during session, despite requests.

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

[Livyjr]

FROM THE WEB-EDITION OF THE ALBANY, NEW YORK TIMES UNION

Comment by John Galt — March 15, 2007 @ 6:42 pm

Children out here in the countryside call Eliot Spitzer “GOVERNOR FALSEFACE”, and they draw political cartoons of him with a big mouth like a hippopotamus with “promises” coming out every side of it at once, while his hands are behind his back shaking hands with the “special interests” that he is beholden to, or perhaps, in some cases, the protector of ….

http://blogs.timesunion.com/capitol/?p=4080#comments

And just in case anyone out there is looking for an opportunity to buy up some New York State politicians, the ones who are for sale or rent, by the minute, by the hour, by the day, or for the weekend, if you have the money, and are so disposed, we have:

"Albany fundraisers stir debate - Proximity to lobbyists unseemly, advocates of campaign reform say"

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

First published: Monday, May 14, 2007

ALBANY -- Assemblyman Vito Lopez's legislative work needs to end by early afternoon on May 31 if he wants to greet people paying up to $750 to shake his hand and help his re-election effort.

The veteran Democrat's fundraiser is at 6 p.m. in his Brooklyn district that Thursday, one of 65 days lawmakers are supposed to be in attendance in Albany this legislative session.

Dozens of his colleagues from the Senate and Assembly of both parties have arranged almost 100 such events this year, also on session days and, unlike Lopez, almost all in Albany.

The heavy scheduling of fundraisers during the first six months of this year -- the session months -- continues despite calls from within and outside the Legislature to knock it off.

The biggest motivation for doing them here: This is where the lobbyists are.

In this non-election year, the 212 lawmakers, as well as Gov. Eliot Spitzer, are busy talking about the pros and cons of campaign finance reform.

But they also are actively calling lobbyists, writing to special interest groups and pressuring each other to attend these fundraisers.

Even as Assembly Democrats and Spitzer tout bills that would end Albany-area donation drives during the session, the number of events in area restaurants, the size of donations requested and the frequency of invitations have not diminished.

To government reform activists, it is at best troubling.

To Senate Republicans, who don't like the reform proposals, it is the height of hypocrisy.

"It is a distasteful practice," said Russ Haven, of the New York Public Interest Research Group.

"The division of what is fundraising and what is lobbying almost disappears."

Adds Rachel Leon, executive director of Common Cause:

"There is a problem debating the budget one hour and cozying up with lobbyists in the evening."

"I know it's too many," Spitzer said about Albany fundraisers.

"And I know we want to cut down on that."

"In an ideal world, we will get to public financing and none of this will happen."

Spitzer is pushing the Legislature to accept his broad campaign finance reform plan.

It includes ending session-day fundraisers in the capital as well as sharply restricting donation limits and banning contributions from limited liability corporations, used by wealthy people to get around individual limits.

Yet, his campaign staff in recent weeks has been pushing lobbyists and other likely donors to raise large sums of cash for the governor, strongly encouraging them to "bundle" donations of $10,000 apiece, the limit Spitzer has set for his campaign.

"I thought George Pataki's fundraisers were aggressive; they don't hold a candle to Eliot Spitzer's," said one lobbyist who requested anonymity because he has business before the governor.

He said lobbyists are getting repeated solicitations to bundle tens of thousands of dollars.

Another lobbyist, James Featherstonhaugh, called the capital ban idea "silly" and "cosmetic" and unfair to the Albany restaurateurs.

Spitzer has also engaged in session-night fundraising.

He headlined the Senate Democratic Campaign Committee's fundraiser in New York City on May 7, a session day.

Senate Democrats stayed in Albany as Senate Republicans were ready to criticize if any left the Capitol to join Spitzer.

The lower Manhattan event drew a few lobbyists and special interest representatives, but mostly urban professionals.

That same night, Assembly Speaker Sheldon Silver and the Assembly Democratic Campaign Committee held a fundraiser at the Gideon Putnam Resort and Spa in Saratoga Springs.

Silver and committee Chairman Ron Canestrari, D-Cohoes, said the site was chosen to honor the spirit of Silver and Spitzer's call to not do Albany campaign events during session.

The event called for donations of $500 or $1,000.

It drew many of the same lobbyists who attend Albany events and Albany Mayor Jerry Jennings, who dislikes the proposal to ban fundraising in his city.

Silver said he realizes the move north probably was more symbolic than anything.

"It means more waiters work in Saratoga County than Albany County," said Assemblyman John McEneny, D-Albany, who attended.

"Changing the zip code is not reform."

Assemblyman James Tedisco, R-Schenectady, criticized the Albany ban proposal as he did Silver's Saratoga Springs event and Spitzer's June 7 birthday bash in Manhattan to raise funds.

Spitzer's campaign calls for donations of up to $10,000 per donor and promises special treatment of those who bundle up to $1 million.

"This concept of saying we're going to make reforms and using end-runs like bundling; let's close all loopholes."

"Let's not just create another set of loopholes," Tedisco said.

Tedisco also is planning to raise funds in New York City.

He's sending invitations to a "subway series" event, at $500 per individual or $1,000 per sponsor for tickets to a Yankees/Mets game at Shea stadium for the Republican Assembly Campaign Committee.

It's not on a session day.

Lawmakers who eschew Albany fundraisers say they do so at their own expense, however, because it's tough to do a district event that raises the kind of dollars easily available in Albany.

Assemblyman William Parment, D-Jamestown, who discontinued the practice, and Lopez, who has not held one in Albany in 22 years, say they lose contributions by not holding fundraisers here.

"It's a perception problem more than anything else, but a persistent perception problem," said Assemblyman Michael Gianaris, D-Queens, who raised about $3 million last year for the state Democratic Party.

He doesn't do Albany fundraisers and hopes campaign finance reform bans them.

"I'm hoping that would be the case one day so we can continue the very long road of restoring confidence in our state government," he said.

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

All in a session day's work

These are the top-priced fundraisers for days the Legislature was, or will be, in session:

CANDIDATE OR COMMITTEE DATE LOCATION COST/PERSON

Gov. Eliot Spitzer 6/7 Lighthouse at Chelsea Pier, Manhattan $1,000-$10,000

Democratic Senate Campaign Committee 5/7Woolworth Tower, Manhattan $1,000-$10,000

Lt. Gov. David Paterson 5/22 Penn Club, Manhattan $500-$10,000

Senate Majority Leader Joseph L. Bruno 1/8 Franklin Plaza, Troy $1,000

Senate Republican Campaign Committee 2/5 Crowne Plaza, Albany $1,000

Democratic Assembly Campaign Committee 7/7 Gideon Putnam, Saratoga Springs $500/$1,000

Sen. Joseph Robach, R-Greece 3/5 University Club, Albany $500/$1,000

Assemblyman Vito Lopez, D-Brooklyn 5/31 Nina's Restaurant, Brooklyn $400/$750

Source: Various event lists

[Livyjr]

THE NEW YORK SUN

"An 'Impatient' Cuomo Eyes Spitzer's Job"

By JACOB GERSHMAN, Staff Reporter of the Sun

May 11, 2007

Now that Mayor Bloomberg has said he has ruled out a run for governor, speculation about who may challenge Governor Spitzer has turned to Attorney General Cuomo.

The possibility that Mr. Cuomo would mount an intra-party challenge to Mr. Spitzer, the man who redefined the office Mr. Cuomo now holds, was an absurdity as little as four months ago.

The common assumption was that Mr. Cuomo, reborn as a disciplined and self-effacing politician after a train wreck of a gubernatorial campaign in 2002, would bide his time for eight years before trying once more to follow his father into the governor's mansion.

In short order, the political landscape has shifted enough to glimpse the outlines of a plausible contest between the two Democratic figures in 2010.

Mr. Cuomo's political operation is apparently attuned to the changing perceptions.

A fund-raiser for the attorney general has been telling donors that Mr. Cuomo may be running for governor sooner than they think, a source close to Democratic Party leaders said.

Mr. Cuomo, 49, is an "impatient person," the source said.

"While he's enjoying being attorney general, he would rather be governor."

Asked about the alleged conversations, a spokeswoman for Mr. Cuomo's political operation, Amy Dowell, said via e-mail:

"Andrew's only interest is running for re-election."

"Anyone saying anything else is simply wrong."

The notion of an accelerated Cuomo candidacy may not be so far-fetched for several reasons.

For one, Mr. Spitzer is no longer the most popular politician in state government.

According to a Quinnipiac University poll last month, he lost that title to Mr. Cuomo, whose investigation of the $85 billion student loan industry has put the attorney general on the national radar in a way reminiscent of Mr. Spitzer's Sheriff of Wall Street glory days.

Mr. Spitzer's job approval numbers have recovered somewhat in recent weeks, but they're still hovering around Mr. Cuomo's ratings.

Mr. Spitzer's frayed relations with organized labor could provide a strategic opening for Mr. Cuomo, one of whose top advisers in last year's race was Jennifer Cunningham, a high-level adviser to the 1199/SEIU health care employees union.

If Mr. Cuomo ran for governor, he probably would get the endorsement of the union, a powerful force in Albany politics.

Mr. Cuomo also has strong support with other labor unions, including New York State United Teachers.

The most intriguing developments go beyond poll numbers.

While Mr. Spitzer's relationship with the Senate and Assembly has been acrimonious almost from the start, Mr. Cuomo has been going out of his way to endear himself to lawmakers.

Mr. Cuomo had nothing but praise for Assembly Democrats who gathered to hear the attorney general speak at a private forum arranged by Speaker Sheldon Silver late last month.

Mr. Spitzer declined an invitation to speak at a similar event earlier in the year.

Mr. Cuomo told the lawmakers that they were "the best legislative body in the country," according to a member who was present.

"For thirsty legislators, it was swallowed with great glee," the lawmaker said.

"Just to have someone say nice things about us for a change."

Said the lawmaker:

"There's no doubt, if there was a vote taken by the Assembly conference, 90% of them would prefer Andrew Cuomo to Eliot Spitzer, which is unbelievable because Andrew Cuomo had never been popular with the Legislature."

Mr. Cuomo's fund-raising team may have tried to take advantage of the animosity.

The fund-raiser who suggested that Mr. Cuomo may run for governor after one term as attorney general made the calls during the height of the comptroller dispute between the governor and lawmakers in February, according to the Democratic source.

Having the backing of individual lawmakers is not insignificant.

While the body as a whole isn't too popular with the public, many of the members are tied in with local political organizations, county leaders, and grassroots and neighborhood opinion makers who play important roles in local races.

"A lot of these people are popular in their districts," the Democratic source said.

"If you accumulate the support of people who have grassroots behind them … then you have the potential of mounting a campaign."

Lawmakers have also noticed Mr. Cuomo's absence from the debate over campaign finance laws, an issue that has become the governor's top policy priority in the last weeks of session.

Mr. Spitzer is struggling to get lawmakers to agree to an overhaul of campaign finance restrictions, including an across-the-board reduction in limits and bans on certain forms of giving.

At any moment, Mr. Cuomo could have voiced support for Mr. Spitzer's plan and urged lawmakers to pass the legislation.

Instead, the attorney general — to the disappointment of the Spitzer administration — has decided thus far to stay on the sidelines.

"The attorney general is a strong advocate for public campaign finance, and that's where he stands," a spokesman for Mr. Cuomo, John Milgrim, said.

http://www.nysun.com/article/54252?page_no=1

[Livyjr]

THE NEW YORK DAILY NEWS

Exclusive

"Your neighbor? State 'loses' 4,391 parolees"

BY JOE MAHONEY

DAILY NEWS ALBANY BUREAU CHIEF

Monday, May 14th 2007, 4:00 AM

New York has lost track of nearly one of every 10 paroled felons - criminals who have been released from prison but are now missing or on the run, according to a Daily News analysis.

These 4,391 so-called parole absconders are jail-hardened cons who pose a serious threat to public safety as they try to avoid a return to prison, according to law enforcement experts.

"These are the baddest of the bad - people who just don't want to go back inside," said Paul Ragonese, a retired NYPD detective who trains FBI agents on counterterrorism and dealing with weapons of mass destruction.

The missing parolees include many violent felons convicted of rape and murder.

And they're on the lam despite the efforts of the Division of Parole, which is responsible for about 49,000 paroled convicts, officials said.

"Parole officers continually put forth diligent efforts to apprehend absconders," said Mark Johnson, spokesman for the Division of Parole.

The division has 33 officers designated to work with federal marshals, city cops and state troopers in trying to hunt down the most violent fugitives.

In many cases, parolees who go missing are quickly nabbed, Johnson said.

The median length of time from when a warrant is issued to the point when a fugitive is netted is 49 days, Johnson said.

Still, The News found many convicts on the Division of Parole's most wanted list have been on the run for years.

Consider reputed mobster Joseph (Joey) Quartieri, 58, who was on parole in 1979 when he was charged with breaking into a Long Island jewelry shop and trying to gun down a cop.

A short time later, he escaped from the Nassau County Jail and has been a fugitive ever since - even though surveillance pictures lead authorities to believe the stocky, low-level, Gambino crime family associate may have attended the funeral of boss John Gotti in 2002.

Then there's Andre Neverson, 43, a burly immigrant from Trinidad and Tobago who authorities said has gotten even more violent after his attempted-murder conviction.

In 2000, after serving a five-year prison term, Neverson was deported, only to slip back into the country.

He's now wanted on murder charges for a grisly, two-day crime spree in 2002, when cops believe he shot his sister Patricia Neverson in Brooklyn, then beat to death his ex-girlfriend Donna Davis in Queens.

He was featured 10 times last year on "America's Most Wanted," but cops continue to come up empty-handed.

Union leaders say one surefire way for the state to find more bad guys is to beef up its staff.

"They could hire a lot more parole officers and put them on the streets to go after the absconders," said Darcy Wells, spokeswoman for the Public Employees Federation, which represents New York parole officers.

jmahoney@nydailynews.com

http://www.nydailynews.com/news/crime_file...1_parolees.html

[Livyjr]

NEWSDAY - Politics

"SPINCYCLE: Comptroller pension control ending soon?"

DAN JANISON

dan.janison@newsday.com

May 14, 2007

The question of whether New York's massive pension system should remain under the sole trusteeship of the state comptroller might be decided by official probes now under way.

It depends on whether these investigations turn up abuses under former Comptroller Alan Hevesi that were clearly rooted in one-man control.

If so, some state leaders would probably push to diffuse the comptroller's unique pension powers by creating a trustee board, insiders say.

Others warn that a board could make matters worse.

If legislative leaders and unions get to pick appointees, they could find ways to treat the $147 billion system as a piggy bank for pet investments, these skeptics say.

Under recent comptrollers this Common Retirement Fund, guided by professional staffers and advisers, outperformed New York City pension funds run by boards of elected officials and union officers, defenders say.

Also, there could be legal obstacles to establishing a state board.

But Mitchell Moss, a professor at New York University's Wagner School of Public Service, contends that "because the authority of the state comptroller is so vast, and is subject to so little oversight, it creates potential for abuse far more substantial than anything we've seen so far."

Moss recommends a board consisting of the comptroller, the governor, and an independent financial expert, with a monitoring body that includes other elected officials and unions.

VARIED AGENDAS:

Carrying out these investigations are the staffs of Comptroller Thomas DiNapoli, Attorney General Andrew Cuomo, and Albany County District Attorney David Soares, who late last year got Hevesi to plead guilty to a felony and step down.

DiNapoli needs to show distance between himself and the scandal that preceded him, so he's appointing an inspector general for his department and creating new accounting systems.

He also has tapped lawyer Bridget Rohde, former criminal division chief for the U.S. Attorney's office for the Eastern District of New York, to oversee a review of the role of Jack Chartier, who was Hevesi's chief of staff, it was reported last week.

Soares was said for months to be looking into Chartier's providing state rides for actress Peggy Lipton, once of TV's "Mod Squad."

Also eyed: dealings that purportedly involved longtime Hevesi consultant Hank Morris and venture capitalist Eliot Broidy.

To date only Hevesi has been charged.

Cuomo talks of a broader mission.

"It's not about one person," he told reporters last week.

"That's the tip of the iceberg in some ways, and it is about very troubling, serious systemic conflicts of interest in the comptroller's office."

http://www.newsday.com/news/local/longisla...itics-headlines

[Livyjr]

THE NEW YORK POST

"D.C. PORK FE$T FOR N.Y.'S POLS"

By GEOFF EARLE Post Correspondent

May 14, 2007 -- WASHINGTON - New York's newly powerful congressional delegation has snagged tens of millions' worth of pork projects to aid local rivers and streams - grabbing cash to clean up babbling brooks in Westchester and combat putrid smells near La Guardia Airport.

All of the projects were "earmarked" by individual lawmakers in a water-resources bill, which is moving through Congress in a process that critics say pours taxpayer dollars down the drain by putting decisions in the hands of legislators instead of agencies.

Rep. Joseph Crowley (D-Queens) got the feds to kick in $2.7 million to help flush Flushing Bay to improve the water quality near La Guardia Airport, where past practices have soiled a once-tranquil inlet.

"The odors emanating from this region are a serious public concern," Crowley wrote in his funding request approved by a committee in Congress and passed by the House.

The project directs the federal Army Corps of Engineers to restore flowing tides to an area where dredging, sewage and landfills have stopped the water's circulation.

The project was among dozens of special earmarks reviewed by The Post.

A new House rule requires lawmakers to reveal when they tuck a special project into legislation.

Congress still needs to appropriate the money before it gets spent.

Rep. Jerrold Nadler (D-Manhattan), a senior Transportation Committee member, got $5 million authorized in the bill to rehabilitate the "historic bulkhead" along the Hudson, where flooding has damaged water and sewer pipes, and improve access shafts leading to the Holland and Lincoln tunnels.

Rep. Vito Fossella (R-S.I./Brooklyn) got $16 million to repair a seawall along Brooklyn's Shore Parkway.

Flooding has caused chunks of the wall to fall off, leaving big holes in a bike path along the parkway, according to Fossella's office.

And Rep. Eliot Engel got funds to address "frequent and potentially disastrous flooding" of Sunnyside Brook, the tranquil stream running through the 19th-century estate of writer Washington Irving near Tarrytown.

The funds will make sure the historic home of the famed "Legend of Sleepy Hollow" author won't succumb to every homeowner's dark nightmare: water damage.

Reps. Tim Bishop (D-L.I.) and José Serrano (D-Bronx) got projects to restore the Long Island Sound.

That cash would go to reduce storm damage on Long Island, help the ecosystem and shore up a pavilion at a memorial to TWA Flight 800 victims.

Upstate, Rep. Thomas Reynolds (R-Clarence) got funds to study how often bird flu is found in dredged material at disposal sites near Lake Erie.

geoff.earle@nypost.com

http://www.nypost.com/seven/05142007/news/...rrespondent.htm

[Livyjr]

THE NEW YORK POST

"D.C. PORK FE$T FOR N.Y.'S POLS"

By GEOFF EARLE Post Correspondent

May 14, 2007 -- WASHINGTON - Upstate, Rep. Thomas Reynolds (R-Clarence) got funds to study how often bird flu is found in dredged material at disposal sites near Lake Erie.

http://www.nypost.com/seven/05142007/news/...rrespondent.htm

THE NEW YORK POST

"PATAKI HEADS FOR AIR CRA$H"

May 14, 2007 -- ALBANY - Gov. Spitzer's office is threatening to file a state Ethics Commission complaint against former Gov. Pataki unless Pataki pays the full price of yet another costly, last-minute charter flight taken before he left office, The Post has learned.

Spitzer's office, in a letter to one of the former governor's top aides Thursday, put Pataki on notice that it would not pay the full $16,000-plus cost of the December flight - an upstate "economic development" swing that included the lame-duck governor and Buffalo-area U.S. Rep. Tom Reynolds ®.

The action came after Spitzer's aides concluded that Pataki's office illegally "split" the bill in order to circumvent the state Finance Law's requirement that contracts over $15,000 be publicly advertised for bid, a Spitzer administration official told The Post.

That view was shared by state Comptroller Tom DiNapoli, who has refused to pay the charter company's bill.

"It was really outrageous," the Spitzer administration official said.

Aides to Pataki initially agreed to have the ex-governor's political-action committee pay $3,500 for the "political portion" of the trip - angering some Spitzer aides because of the concession that politics was a factor in the swing.

But when Pataki refused to pay the full cost, Spitzer aides threatened disciplinary action by the Ethics Commission, which could fine or censure the ex-governor.

Late yesterday, a day after learning about The Post's pending story, Pataki spokesman David Catalfamo said the cost of the flight "is in the process of being paid."

The Post disclosed earlier this year that the Comptroller's Office had blocked payment of a $10,712 bill for a December charter flight taken by Pataki and his aides to Virginia.

Pataki's PAC eventually paid for that flight.

fredric.dicker@nypost.com

http://www.nypost.com/seven/05142007/news/...c_u__dicker.htm

[Livyjr]

Albany, New York Times Union Capitol confidential

"High-Tech, Human Trafficking and Other Priorities Firming Up For Final Six Weeks"

May 9, 2007 at 12:33 pm by James M. Odato

Gov. Eliot Spitzer and legislative leaders tentatively agreed to come up with $300 million in a capital budget bill for Sematech II, the next phase of a huge high-tech consortium of research companies that is ready to move from Texas to the University at Albany.

The recruitment of Sematech from Austin, which won a bid for it two decades ago against other regions, including Albany, is expected to spur hundreds of jobs and increase population by thousands in the Capital Region, legislative officials said.

Spitzer, in a meeting with the Legislature’s top four leaders, revealed funding for Sematech is one of the top priorities of the remaining six weeks of the legislative session.

He urged lawmakers to get behind his $300 million plan for the computer chip research and development center for Sematech.

Spitzer had declined to reveal the project, which he put in his budget, until today, although the Times Union has been reporting Sematech as the recipient of the money he has been seeking.

Senate Majority Leader Joseph Bruno, R-Brunswick, said his conference will support the Sematech investment.

But he said the package that includes the $300 million for Sematech must come with a big additional pot of money for other capital needs to spur economic development.

ALBANY, NEW YORK TIMES UNION CAPITAL CONNECTION BLOG:

ITEM: Democrats say Sematech’s coming to Albany means thousands of jobs and more chip plants for the state. The Assembly approved the $300 million in incentives.

JOHN GALT REPLIES: And Chairman Mao said his “GREAT LEAP FORWARD” was going to make China the world’s powerhouse producer of iron and steel!

And then, of course, all, or well, some, er, well, a few, or handful, maybe, of us older folks remember all of the hype about the “FIVE-YEAR PLANS” and “TEN-YEAR PLANS” of the Soviet Union that were going to make the Soviet Union a model of something or other with its “STATE-RUN ECONOMY” ….

Which is to say that these Democrats saying all of this stuff don’t know crap!

AND ….

IF they were abiding by OUR laws, and OUR Constitution here in NYS, they would have some documentation for us to study, as to ALL of the impacts on US of this excessive expenditure of our state tax money to create a “STATE-RUN ECONOMY” here in NYS, in imitation of Chairman Mao’s GREAT LEAP FORWARD, and the “FIVE” and “TEN-YEAR PLANS” of that great example of what a real state-run economy can produce, which is the now-defunct Soviet Union ….

And so …

Comment by John Galt — May 15, 2007 @ 9:04 am

http://blogs.timesunion.com/capitol/?p=4633#comments

[Livyjr]

And from REPUBLICAN SENATE MAJORITY LEADER Joe Bruno's personal fiefdom of Rensselaer County in the State of New York, we have:

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG

"Cholakis and Mahar make it official"

May 8, 2007 at 12:53 pm by Bob Gardinier

The GOP law and order candidates will share the steps of the Rensselaer County Courthouse Wednesday when First Assistant Public Defender Gregory Cholakis announces his bid to run for district attorney.

Cholakis, who was endorsed by the GOP, will be joined by Sheriff Jack Mahar, who is running for re-election in November; County Executive Kathy Jimino, Troy Mayor Harry Tutunjian and others.

GOP Chairman Jack Casey, in his press release today announcing the get together, called Cholakis the ”dream candidate of the year”.

Cholakis was a little uncomfortable with the ”dream” part.

“Maybe you could change that to ‘ideal’,” he said.

Cholakis, 41, works as a public defender in the county courthouse named for his late father, federal judge Con. G. Cholakis.

The Troy resident has been with the office for 14 years and has been practicing law for 15 years.

His sister, Kiki Cholakis, is a Family Court judge.

Henry Bauer, a former city judge and current City Council president, had hoped for a nod from the county GOP executive committee, for the run for DA but it never came.

Bauer, who was removed from the bench by the Court of Appeals in 2004, announced just over a week ago he will challenge his party’s pick in a primary.

Democrats interested include attorney Timothy Nugent and county conflict defender Richard J. McNally Jr.

Current DA Patricia DeAngelis, who has had a number of reversals of cases she prosecuted and was chastised by the higher courts for prosecutorial errors, announced in March she would not run for re-election.

http://blogs.timesunion.com/localpolitics/?p=193#comments

[Livyjr]

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG COMMENTS

Ah, yes!

Mr. Richard J. McNally, Jr. of Rensselaer County as District Attorney of Rensselaer County!

Yes, yes, yes!

And with respect to Mr. Richard J. McNally, Jr., I was just over on another BLOG where issues of importance to Rensselaer County residents are discussed:

http://www.commongroundcommonsense.org/for…mp;#entry716935

And lo and behold, a real blast from the past circa 1990 through November 30, 1992 concerning Mr. Richard McNally and his false and malicious prosecution of former Rensselaer County Associate Public Health Engineer Paul R. Plante was right there, staring me in the face!

Which makes me laugh right out loud when I read think about the concept of Mr. Richard J. McNally, Jr. now being the next Rensselaer County District Attorney, to be quite truthful in here …

And so that everyone in here can judge for themselves, here is a copy of a transcript from that public website of Mr. McNally standing before then-Rensselaer County Criminal Court Judge M. Andrew Dwyer in the Rensselaer County Court House on November 30, 1992, being forced to admit before all the people in that courtroom that day that he had no evidence whatsoever to substantiate his malicious prosecution of Plante in the various town courts of Rensselaer County from January of 1990 to that time, after Plante was the victim of a hit-and-run driver on Liberty Lane in the Town of Poestenkill, Rensselaer County on December 29, 1989, a politically-connected hit-and-run driver who was then allowed to bring false criminal charges in Poestenkill Town Court against Plante to cover up the hit-and-run, which false charges McNally then prosecuted for him:

JUDGE: There is a MOTION on, that I might as well dispose of first.

That is PEOPLE v. PLANTE.

Apparently, it is pro se.

Mr. McNally, are you here for the PEOPLE?

This is a legal question.

I don’t see that argument is necessary!

MCNALLY: This is a Motion to Dismiss!

JUDGE: A Motion to Reargue a Motion to Dismiss!

MCNALLY: I have no position, other than to say, the Court, in its previous position, left me without any recourse other than to not oppose a Motion to Dismiss, in my opinion!

JUDGE: That is your position?

MCNALLY: That is my position!

JUDGE: THEN YOU CONSENT TO THE DISMISSAL?

MCNALLY: I do, Judge, based upon the fact that the Court, in its previous Decision, left me with an untenable position at trial!

JUDGE: How closely did you read the decision?

MCNALLY: Very!

JUDGE: The District Attorney consented?

MCNALLY: It was the Court’s opinion at trial that there was other evidence out there, and I can affirm that there IS NOT OTHER EVIDENCE ON WHICH TO BASE A PROSECUTION AND THE COURT RULED THE EVIDENCE THAT WAS PRESENTED INSUFFICIENT, AND I HAVE NO OTHER EVIDENCE!

JUDGE: And you take the position that you have no further evidence, at all?

MCNALLY: No further evidence, Judge!

JUDGE: Then it is dismissed!

MCNALLY: (to PLANTE) Good job!

PLANTE: Thank you, Your Honor!

(Whereupon, matter concluded)

- EXCERPTED from pages 121-124 of the O’Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

Comment by John Galt — May 13, 2007 @ 6:39 am

http://blogs.timesunion.com/localpolitics/?p=193#comments

[Livyjr]

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG COMMENTS

In post #21 entitled “DA RACE IN RENSSELAER COUNTY” by \”concerned citizen\” — May 11, 2007 @ 4:41 pm in the TU Capital Confidential BLOG Friday OPEN THREAD @:

http://blogs.timesunion.com/capitol/?p=4613#comments

it was publicly stated with respect to DEMOCRATIC Rensselaer County District Attorney CANDIDATE Richard Richard J. McNally Jr. as follows:

In his recent column Jay Jochnowitz stated: “It’s often cited that in politics, perception is everything.”

“Sometimes the doors of perception are altered by ideology, interests or perspective.”

If in fact that is true, as I believe it is, then Fred Lebrun did a disservice to his readers when, in his recent column about the DA RACE in Rensselaer County, he referred to democratic candidate Rich McNally as a “Syracuse native” without further elaboration and referred to Cholakis as a “native trojan.”

What Lebrun failed to state is that Cholakis, the “native trojan” did not “stick it out” in New York State when he elected to study law in Florida instead of the many excellent law schools in New York State.

By referring to McNally as a “Syracuse native,” Lebrun creates the inaccurate impression that McNally is an itinerant interloper.

Lebrun disregards Mr. McNally’s 20 year residency in Renssalear, his substantial contribution to the citizens of Renssalaer as a prosecutor and his committed service to fair and impartial justice as a member of the capital defenders project.

Mr. Bauer may be a “minor obstacle” in Mr. Cholakis’ quest for the nomination but, if Cholakis gets the Republican nod, he will find that Mr. McNally’s passionate pursuit of equal justice for all and extensive experience will be a formidable hurdle to overcome.

Hopefully, Mr. Lebrun, in service to his readers will more accurately portray Mr. McNally’s qualifications in a follow-up article.

end quotes

And with that public statement made in the electronic edition of the TU by \”concerned citizen\” in an election matter of great importance to all of us here in Rensselaer County, I would say as a lifelong Rensselaer County resident myself who is also a disabled Viet Nam war veteran who finds himself very interested in hearing much more about what \”concerned citizen\” is calling “Mr. McNally’s passionate pursuit of equal justice for all”, I would say that an issue has been joined here for the public affected by this up-coming DA race here in Rensselaer County to openly debate in this forum of the TU Local Politics BLOG ….

And indeed, with the quality of the moderation in here, and the high level of access for plain common ordinary people like myself living on simple and limited means, I would say that this is the ideal forum in which to have this public debate, all in one place, as it were, open to all points of view, equally, on this Rensselaer County race for District Attorney between Mr. McNally and Greg Cholakis ….

And let logic and rational argument of the facts and evidence prevail, which will benefit us all, here in Rensselaer County, friends and foes of Greg Cholakis alike, if the true end result of this discussion is actual “equal justice for all”, which is to me what Greg Cholakis represents, by his performance as a practicing attorney and member of the community in Rensselaer County over these last so many years, versus empty promises of a “PURSUIT” of equal justice by Mr. McNally and \”concerned citizen\” which has Mr. McNally appearing to us like a small cat chasing its tail, endeavoring fiercely to catch up with it, but never quite achieving the task ….

Which, based upon direct experience with Mr. McNally, is what I would say he represents, when it comes to an actual quest for true equal justice in Rensselaer County for all, and not just a select few, as was the case with Mr. McNally back in October 9, 1990 when he was arguing in North Greenbush Town Court before Hon. Hon. Raymond J. Elliott, III, ESQUIRE that former Rensselaer County Associate Public Health Engineer Paul R. Plante, PE, now on permanent disabled status, should have to face double jeopardy in connection with restoring false criminal charges against Plante which had been previously dismissed by Judge Eliot for lack of evidence based on a motion by Plante which is now a permanent part of the records of Rensselaer County preserved in the files and records of Mr. Frank Merola, the Rensselaer County Clerk!

And since this is all a part of the public record of Mr. McNally’s past conduct as a Deputy Rensselaer County District Attorney under Hon. James B. Canfield, and since this public record, and especially a Plante Motion Pursuant TO NYSCPL 170.25 which is a part of that public record go directly to the fitness of Mr. McNally to be truly able to actually deliver real “EQUAL JUSTICE” to the ALL the residents of Rensselaer County, and not just the chosen few, I would like to initiate the discussion in here on this important and vital subject of great import to us all by presenting for the public record a “writing” of Mr. McNally’s from October 9, 1990 to Hon. Raymond J. Elliott, III, ESQUIRE, North Greenbush Town Court, 2 Douglas St., Wynantskill, N.Y. 12198 concerning what Mr. McNally then considered “equal justice” for the chosen few as opposed to disabled public health engineer Plante, a public document which comes to us not only from Mr. Merola’s public files and records, but from pp. 118-119 of what is called in Rensselaer County the “O’CONNOR BIBLE SUBMITTED TO THE FEDERAL SECOND CIRCUIT COURT OF APPEALS ON BEHALF OF THE RENSSELAER COUNTY DEFENDANTS” which is on file with the Office of the Rensselaer County Attorney, the New York State Attorney General and the federal Second Circuit Court of Appeals in NYC:

Dear Judge Elliott,

Enclosed herewith, please find a copy of the People’s Notice of Appeal from a dismissal in the North Greenbush Town Court on Tuesday, October 2, 1990.

Mr. Jones (one of the defendants in the Federal Civil Rights lawsuit) contacted this office and requested this course of action.

By way of judicial economy, I hereby move to reargue the Motion to Dismiss in order to afford the People an opportunity to be heard on this matter.

The complainant in this case feels that there has been an injustice, and has sought the assistance of this office.

We have agreed to accept the responsibility to represent the People in this case.

My understanding of the events which took place in your court on October 2, 1990 clearly demonstrate that Mr. Jones is not familiar with the criminal justice system!”

Mrs. Jones, while her actions were, without a doubt, inappropriate and arguably contemptuous, I do not believe such actions warrant or give rise to a dismissal.

Furthermore, as PLAINTIFF’S familiarity with the law has been demonstrated in another action pending in your court, I sincerely believe adequate representation of the People’s position should be provided by this office!

By copy of this letter to PLAINTIFF, I am making this motion returnable on October 30, 1990, the same date that PLAINTIFF has another motion returnable.

Respectfully submitted, Richard J. McNally, Jr.
Assistant Rensselaer County District Attorney

Comment by John Galt — May 13, 2007 @ 2:58 pm

http://blogs.timesunion.com/localpolitics/?p=193#comments

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONNECTION BLOG COMMENTS

Over in Rensselaer County, I hear that the REPUBLICANS are not going to challenge DEMOCRATIC County DA contender Richard McNally on his record ….

The subject of Mr. McNally’s record as an assistant and deputy Rensselaer County District Attorney back in 1990 through 1992 in the office of then-Rensselaer County District Attorney James B. Canfield is apparently verboten!

Which is very interesting, as it puts Mr. McNally into a strong position with respect to their own candidate, Greg Cholakis, who the TU’s Fred LeBrun says is viewed with suspicion by the Joe Bruno-ites in Rensselaer County who dominate the local politics over there ….

Of the two candidates, McNally vs. Cholakis, McNally, based upon his record, has actually done more for Joe Bruno and the REPUBLICANS than Mr. Cholakis, and based upon his actual record, Mr. McNally will have much more support from REPUBLICANS involved in “land development” out in the county ....

And I wouldn’t be surprised to see Kathleen Jimino herself becoming more aligned with McNally than Mr. Cholakis ….

Which makes me wonder if Cholakis’s future political career is not being nipped in the bud here, by the Rensselaer County REPUBLICANS, by making him a “throw-away” candidate, as a favor to Joe Bruno ….

And so ….

Comment by John Galt — May 15, 2007 @ 9:16 am

http://blogs.timesunion.com/capitol/?p=4633#comments

[Livyjr]

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG

"Cholakis and Mahar make it official"

May 8, 2007 at 12:53 pm by Bob Gardinier

The GOP law and order candidates will share the steps of the Rensselaer County Courthouse Wednesday when First Assistant Public Defender Gregory Cholakis announces his bid to run for district attorney.

http://blogs.timesunion.com/localpolitics/?p=193#comments

http://www.CholakisForDA.com

[Livyjr]

THE NEW YORK TIMES EMPIRE ZONE

May 16, 2007, 4:27 pm

"Spitzer and Leaders Meet, Fight"

By Danny Hakim

Gov. Eliot Spitzer and legislative leaders gathered in the Red Room of the Capitol today for their second public meeting since the budget was passed six weeks ago.

Almost immediately, they — and by they we mean Senate majority leader Joseph L. Bruno and the governor, with an assist from Assembly Speaker Sheldon Silver — began squabbling before the cameras.

And they didn’t stop.

For once, the governor actually seemed to spend much of the time trying to calm things down — “Joe, Joe” seemed to be his most frequently uttered words.

First the governor announced a deal on human trafficking legislation, including making the crime of sex trafficking a Class B felony and labor trafficking a Class D felony.

Trouble started when Mr. Silver and Senate minority leader Malcolm Smith invited several Democrats to come the the table and make speeches before the cameras.

Mr. Bruno was not pleased and felt the speechifying was a waste of time.

Moreover, one of his key legislators on the issue, Senator Frank Padavan of Queens, was not present.

“Why would we need to spend our time and spin our wheels when there are very important issues that I’d like to get to and this one’s done?” Mr. Bruno said.

“Why don’t we move to the next issue?”

That led to this interchange (among others):

GOVERNOR: "Joe, can I, look."

"Let me intercede one second.”

BRUNO: “I don’t have any members, here, other than my chairs.”

GOV: “Look, and I don’t mean, Frank Padavan, if he’d like to come, I would welcome him…”

BRUNO: “To do what?”

GOV: “To say thanks, to give credit…”

BRUNO: “Thank you, Frank.” [the audience burst into laughter]

GOV: "I don’t want to make light of this."

"This is an issue…”

BRUNO: “I’m not making light of it…”

The back and forth ebbed and flowed throughout the meeting, which lasted well over an hour and featured a rotating chorus of lawmakers who proceeded to make speeches laying out their conflicting positions on a number of issues, from reinstating legislation that would permit the building of new power plants to an overhaul of Wicks Law, which mandates multiple contractors on public contruction projects.

Mr. Bruno seethed through much of the proceedings.

“This format doesn’t work,” he said towards the end.

“It’s too much like putting on a show."

"You’re all very articulate, very knowledgable, I’m impressed as hell with everything that I’ve heard."

"But we’re not getting a bill done.”

Shortly thereafter, Assembly minority leader James N. Tedisco, the only fellow Republican legislative leader at the table, disagreed, and said “this has been a fairly good meeting.”

Mr. Bruno smiled and made a kissie-face.

Comments so far...

May 16th, 2007 5:31 pm

This is the highest of high theater!

I try to think of who in Hollywood would stage a production like this as a movie, and outside of Mel Brooks, I keep drawing a blank ….

And to think of the extravagent price that we are paying for this farce!

And so ….

— Posted by Livyjr

http://empirezone.blogs.nytimes.com/2007/0...fight/#comments

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG

"It's Spitzer's World ..."

And the legislative leaders just live in it.

Further proof of this (as if any was needed) came during today's six-way leaders meeting in the Red Room on the second floor of the State Capitol.

Assembly Speaker Sheldon Silver and Senate Majority Leader Joseph Bruno were arguing about criminal justice issues (which weren't on the meeting agenda, although Bruno insisted he hadn't agreed to the agenda and wanted to spend more time on such topics as Granny's Law and the death penalty for cop killers), when this exchange occurred:

Spitzer: Joe and Shelly, listen.

Bruno (to Silver): Stop posturing and let's get it done.

Spitzer: Joe.

Shelly.

Guys.

I'm going to say something I don't often say: This is my room, and we'll play by my rules.

Bruno: Then chair the meeting, and tell him he's out of order when he interrupts me!

No agreements save one - legislation that would make human trafficking a felony - came out of this event, which lasted about 90 minutes.

All the leaders but Bruno brought rank-and-file members with them to the meeting.

Bruno insisted he represents his members, and said it was a "waste of time" to have so many people participating.

Posted by Elizabeth Benjamin on May 16, 2007 2:51 PM

Comments

What a farce this all is ....

What an absolute farce!

I don't know what else you can call it .....

And to think of the extravagent price that we are paying out here in the countryside to have this farce jammed right down our throats as something called "OUR government"!

A FARCE is OUR government ....

OUR government is a FARCE .....

THEREFORE ...

Q.E.D. ....

ERGO ....

We all must be damn fools!

And so ....

http://www.nydailynews.com/blogs/dailypoli...d.html#comments