"Poll: Paterson's popularity tanks in budget fight"
By MICHAEL GORMLEY, Associated Press
Last updated: 5:35 p.m., Tuesday, February 24, 2009
ALBANY -- In July, Gov. David Paterson made a rare televised address to warn New Yorkers of deficits and the need to cut Albany's overspending, declaring, "These times call for action and today I promise you there will be action."
His polls soared.
Now he's acting, and the public worker unions and hospitals fighting those spending cuts are using TV to help sink Paterson to his lowest approval and favorability ratings in his 11 months in office, according to Tuesday's Siena College Research Institute poll.
The Siena poll showed Paterson was viewed favorably by 40 percent of voters -- down from 64 percent in November.
His job performance got a favorable rating from 28 percent.
Only 19 percent said they would vote for him in 2010, and he now trails Republican Rudy Giuliani and Democratic Attorney General Andrew Cuomo in potential races for governor.
Paterson admits some mistakes leading up to the fall in approval rating: a "circus" of a U.S. Senate appointment he said he let go on too long, mixed signals and the appearance of disarray on his staff.
But another big factor is the millions of dollars of TV and radio ads by the health care industry and public employee unions saying Paterson is trying to close hospitals, cut off medical services for the needy, and lay off their workers.
"The commercials against the governor's budget proposals are having an impact," said Steven Greenberg, spokesman for the Siena poll.
"More than 80 percent of voters are concerned that the proposed budget cuts in health and education would adversely affect the quality of health care and education in New York."
That's been the kind of hit endured by governors Eliot Spitzer, a Democrat; and George Pataki, a Republican, before him, weakening the power of the bully pulpit.
During that time, public worker unions and health care and education lobbies grew to be among Albany's most powerful forces, and prolific campaign contributors to legislators.
One of the ads, since pulled, featured a blind man asking Paterson, who is legally blind, "Why are you doing this to me?"
Another featured a woman portraying a frantic mother racing her unconscious child to a hospital that turns out to be closed.
Similar ads featuring sad children in empty schools ran before the federal stimulus package signed last week promised to restore school aid.
"At some level, they are appalling," said political science Professor Robert McClure of Syracuse University's Maxwell School.
"This is the kind of use of fear that has been a part of American politics ... not that there is nothing we need to consider, but all of these ads present this in a way that does not allow for thoughtful consideration, but only allows us to operate at the primitive level of fear and gut instinct."
"It's happened before," said political science Professor Doug Muzzio of Baruch College.
"You don't buck those interests because they will hammer you unmercifully."
"The public needs to resist," said Elizabeth Lynam of the independent Citizens Budget Commission.
"The ads that are run are unfortunately very hard hitting, very dire and unfair," she said.
"New York is running a bloated program that's in need of restructuring -- that's the bottom line."
The warnings are real, said William Van Slyke, a spokesman for the Healthcare Association of New York State, which represents hospitals.
He said at least a half-dozen upstate hospitals have announced layoffs and cutbacks in anticipation of cuts and two hospitals in Queens are planning to close just when a bad economy will make more people uninsured.
He also said it was Albany, not hospitals, that enacted better care for the poor and working poor, all of whom are now threatened by cuts without using more federal stimulus funding.
"So you have this dark scenario, and the dollars are there to stem it," he said.
"They are not telling the side the story the public really needs to hear," Paterson said Tuesday, noting the head of a hospital lobby refused his challenge to debate the issue publicly.
Paterson said his cuts would total less than 2 percent of funding.
"This is something other governors have gone through," Paterson said.
"If you pound away at someone in very short commercials, they have an effect."
"This is why in political campaigns, the person with the more money usually wins."
Yet the public backlash is almost inevitable whenever a governor goes from generalities as in the June televised speech to specific cuts such as in his 2009-10 budget proposal presented in mid-December.
The survey of 622 registered voters was conducted from Feb. 16-18 and has a margin of error of about 4 percentage points.
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On the Net:
http://www.Siena.edu/SRI/SNY.
Full Version: THE "PORK" IN NEW YORK
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"Capital Region housing market shows steep declines"
February 25, 2009 at 11:14 am by Chris Churchill, Business writer, Albany, New York Times Union
The bottom fell out of the Capital Region housing market in January, with the area recording a dramatic decrease in the number of sales and significant price declines for the second straight month.
Members of the Greater Capital Association of Realtors Inc. closed on just 356 homes in their 11-county region during the month, a 33 percent drop from January 2008 and a 42 percent decline from 2007, according to numbers released this morning.
Overall, the regions median sale price was $175,000 in January, a 9 percent drop from a year earlier.
In several counties, the decline was steeper.
Rensselaer County saw a 12 percent decline in the median sale price in January, to $159,800, while Saratoga County showed a comparable drop, to $224,250.
The median sale price fell 8 percent in Schenectady County, to $151,800, while it was stable in Albany County at $202,000.
For much of 2008, the housing market in the Capital Region showed remarkable resiliency, even as markets in much of the country tumbled.
But some economists warned that upstate New York tends to lag other housing markets, suggesting that the market here would eventually follow the rest of the nation into decline.
And, with the numbers released this morning, that seems to be happening.
GCAR, in a news release, conceded that the numbers are grim, at least from a Realtors perspective, but stressed that dropping prices present an opportunity for buyers, particularly first-time buyers, who were shut out of the boom market of recent years.
Many people will be surprised by the home-buying power they have in todays market, said Sandra Nardoci, president of the association.
National numbers released this morning by the National Association of Realtors were similar, with the group reporting that purchases fell by 5.3 percent while the median sale price dropped 15 percent to a six-year low of $170,300.
February 25, 2009 at 11:14 am by Chris Churchill, Business writer, Albany, New York Times Union
The bottom fell out of the Capital Region housing market in January, with the area recording a dramatic decrease in the number of sales and significant price declines for the second straight month.
Members of the Greater Capital Association of Realtors Inc. closed on just 356 homes in their 11-county region during the month, a 33 percent drop from January 2008 and a 42 percent decline from 2007, according to numbers released this morning.
Overall, the regions median sale price was $175,000 in January, a 9 percent drop from a year earlier.
In several counties, the decline was steeper.
Rensselaer County saw a 12 percent decline in the median sale price in January, to $159,800, while Saratoga County showed a comparable drop, to $224,250.
The median sale price fell 8 percent in Schenectady County, to $151,800, while it was stable in Albany County at $202,000.
For much of 2008, the housing market in the Capital Region showed remarkable resiliency, even as markets in much of the country tumbled.
But some economists warned that upstate New York tends to lag other housing markets, suggesting that the market here would eventually follow the rest of the nation into decline.
And, with the numbers released this morning, that seems to be happening.
GCAR, in a news release, conceded that the numbers are grim, at least from a Realtors perspective, but stressed that dropping prices present an opportunity for buyers, particularly first-time buyers, who were shut out of the boom market of recent years.
Many people will be surprised by the home-buying power they have in todays market, said Sandra Nardoci, president of the association.
National numbers released this morning by the National Association of Realtors were similar, with the group reporting that purchases fell by 5.3 percent while the median sale price dropped 15 percent to a six-year low of $170,300.
"Paterson reviewing top staff - As poll numbers collapse, administrative chaos hurts"
By IRENE JAY LIU, Capitol bureau, Albany, New York Times Union
First published in print: Wednesday, February 25, 2009
ALBANY With his job approval among voters in free fall, Gov. David Paterson is hoping to resuscitate his administration by retooling his staff.
But while recruiting qualified staffers in the face of sagging poll numbers is hard enough, Paterson's problems may be more endemic: Longtime observers of the governor say staffing chaos has been a problem for him since his days in the state Senate.
Paterson told reporters Tuesday that he would complete a reassessment of his staff by the beginning of March something he had intended to do earlier in his administration before it was sidetracked by last year's budget and the fiscal crisis.
"Nothing was really going wrong at that time and ... since nothing is going wrong you don't address (staff issues)," Paterson said after speaking at the State University of New York's annual legislative luncheon.
"But I think there were some structural problems that I needed to change."
"There were some very good people from the last administration who left and we didn't totally adjust for it and we'll try to do that now."
The governor is the weakest he's ever been since taking office last March, according to the latest statewide poll from the Siena Research Institute, released Tuesday.
His favorable rating, job performance rating, and his position in 2010 primary and general election head-to-head match-ups have all fallen to their lowest levels.
Paterson's decision to re-evaluate his staff comes in the wake of weeks of bad press portraying his administration as rudderless.
Last week, Paterson publicly entertained the option of bringing back Charles O'Byrne, his former chief of staff, who resigned in October after it was revealed that he had failed to pay over $300,000 in federal and state taxes.
O'Byrne declined the job offer, but will volunteer on Paterson's political campaign.
The governor has not articulated what O'Byrne's role will be, and how much it will affect the current operations of the governmental staff.
Paterson's public ruminations about staff changes, particularly as it relates to O'Byrne, has only further destabilized the administration and depressed staff morale.
"It's a disaster; it's a mess up there," said a source close to the governor's staff.
There is particular frustration among the deputy secretaries, who have largely been kept in the dark about the major issues rocking the administration the whisper campaign against U.S. Senate hopeful Caroline Kennedy, the governor's sinking poll numbers, and rumors about people entering or leaving the administration.
The issues bombarding the administration are "the drunk uncle sitting in the middle of the room that no one wants to talk to."
"... No one wants to deal with it," the source said.
The lack of a clear leadership structure hampers even the most mundane decisions.
"For weeks on end, there's just this endless circle of e-mails: Someone will put out a request, 'I need to know whether or not we can fill-in-the-blank' who then sends it to the second, third, fourth person, only to go back to the person who originally sent the e-mail with no answer."
While this issue has come to a head recently, legislators, lobbyists and former staffers say the pattern of leadership in chaos existed when Paterson was Senate minority leader from 2002 until his election as lieutenant governor in 2006.
"David avoids making the tough decisions or that was how it was until Charles (O'Byrne) came in," said an ex-Senate aide who worked with Paterson in the Senate.
"Leading by chaos is a bit charitable," the former aide said.
"Under David there was a 'Lord of the Flies' environment where you claim your territory and hold on to it."
Paterson's ambition to remake his staff comes as he faces a brutal to fight to close an estimated $14 billion budget deficit by April 1.
Irene Jay Liu can be reached at 454-5081 or iliu@timesunion.com.
Highlights from the most recent Siena Research Institute poll about Gov. David Paterson's performance:
Do you have a favorable or unfavorable opinion about David Paterson?
Favorable 40
Unfavorable 47
Don't know 13
Who would you vote for as governor in 2010?
Paterson 19
Someone else 57
Don't know 24
Conducted Feb. 16-18; margin of error of plus or minus 3.9 percentage points.
Paterson vulnerable in 2010 match-ups:
Gov. David Paterson vs. Andrew Cuomo: Paterson trails the attorney general 53 percent to 27 percent, with 20 percent undecided.
(Last month Paterson led 35 percent to 33 percent, and in November he led 53 percent to 25 percent.)
Paterson vs. Rudy Giuliani: Paterson trails former New York City Mayor Rudy Giuliani 51 percent to 36 percent, with 13 percent undecided.
(Last month, Paterson lead Giuliani 44 percent to 42 percent, with 14 percent undecided)
Cuomo vs. Giuliani: Cuomo leads Giuliani 51 percent to 38 percent, with 11 percent undecided.
Conducted Feb. 16-18; margin of error of plus or minus 3.9 percentage points.
TIMES UNION
By IRENE JAY LIU, Capitol bureau, Albany, New York Times Union
First published in print: Wednesday, February 25, 2009
ALBANY With his job approval among voters in free fall, Gov. David Paterson is hoping to resuscitate his administration by retooling his staff.
But while recruiting qualified staffers in the face of sagging poll numbers is hard enough, Paterson's problems may be more endemic: Longtime observers of the governor say staffing chaos has been a problem for him since his days in the state Senate.
Paterson told reporters Tuesday that he would complete a reassessment of his staff by the beginning of March something he had intended to do earlier in his administration before it was sidetracked by last year's budget and the fiscal crisis.
"Nothing was really going wrong at that time and ... since nothing is going wrong you don't address (staff issues)," Paterson said after speaking at the State University of New York's annual legislative luncheon.
"But I think there were some structural problems that I needed to change."
"There were some very good people from the last administration who left and we didn't totally adjust for it and we'll try to do that now."
The governor is the weakest he's ever been since taking office last March, according to the latest statewide poll from the Siena Research Institute, released Tuesday.
His favorable rating, job performance rating, and his position in 2010 primary and general election head-to-head match-ups have all fallen to their lowest levels.
Paterson's decision to re-evaluate his staff comes in the wake of weeks of bad press portraying his administration as rudderless.
Last week, Paterson publicly entertained the option of bringing back Charles O'Byrne, his former chief of staff, who resigned in October after it was revealed that he had failed to pay over $300,000 in federal and state taxes.
O'Byrne declined the job offer, but will volunteer on Paterson's political campaign.
The governor has not articulated what O'Byrne's role will be, and how much it will affect the current operations of the governmental staff.
Paterson's public ruminations about staff changes, particularly as it relates to O'Byrne, has only further destabilized the administration and depressed staff morale.
"It's a disaster; it's a mess up there," said a source close to the governor's staff.
There is particular frustration among the deputy secretaries, who have largely been kept in the dark about the major issues rocking the administration the whisper campaign against U.S. Senate hopeful Caroline Kennedy, the governor's sinking poll numbers, and rumors about people entering or leaving the administration.
The issues bombarding the administration are "the drunk uncle sitting in the middle of the room that no one wants to talk to."
"... No one wants to deal with it," the source said.
The lack of a clear leadership structure hampers even the most mundane decisions.
"For weeks on end, there's just this endless circle of e-mails: Someone will put out a request, 'I need to know whether or not we can fill-in-the-blank' who then sends it to the second, third, fourth person, only to go back to the person who originally sent the e-mail with no answer."
While this issue has come to a head recently, legislators, lobbyists and former staffers say the pattern of leadership in chaos existed when Paterson was Senate minority leader from 2002 until his election as lieutenant governor in 2006.
"David avoids making the tough decisions or that was how it was until Charles (O'Byrne) came in," said an ex-Senate aide who worked with Paterson in the Senate.
"Leading by chaos is a bit charitable," the former aide said.
"Under David there was a 'Lord of the Flies' environment where you claim your territory and hold on to it."
Paterson's ambition to remake his staff comes as he faces a brutal to fight to close an estimated $14 billion budget deficit by April 1.
Irene Jay Liu can be reached at 454-5081 or iliu@timesunion.com.
Highlights from the most recent Siena Research Institute poll about Gov. David Paterson's performance:
Do you have a favorable or unfavorable opinion about David Paterson?
Favorable 40
Unfavorable 47
Don't know 13
Who would you vote for as governor in 2010?
Paterson 19
Someone else 57
Don't know 24
Conducted Feb. 16-18; margin of error of plus or minus 3.9 percentage points.
Paterson vulnerable in 2010 match-ups:
Gov. David Paterson vs. Andrew Cuomo: Paterson trails the attorney general 53 percent to 27 percent, with 20 percent undecided.
(Last month Paterson led 35 percent to 33 percent, and in November he led 53 percent to 25 percent.)
Paterson vs. Rudy Giuliani: Paterson trails former New York City Mayor Rudy Giuliani 51 percent to 36 percent, with 13 percent undecided.
(Last month, Paterson lead Giuliani 44 percent to 42 percent, with 14 percent undecided)
Cuomo vs. Giuliani: Cuomo leads Giuliani 51 percent to 38 percent, with 11 percent undecided.
Conducted Feb. 16-18; margin of error of plus or minus 3.9 percentage points.
TIMES UNION
"Paterson fills key jobs in staff shakeup - Secretary to governor, communications director named amid turmoil"
By IRENE JAY LIU, Capitol bureau, Albany, New York Times Union
First published in print: Thursday, February 26, 2009
With his poll numbers falling and a budget battle looming, Gov. David Paterson is shaking up his management team.
In a news release late Wednesday, Paterson announced the following changes:
Secretary Bill Cunningham III is resigning from the post of secretary to the governor, but will stay on during the transition as a senior adviser.
Newly appointed First Deputy Secretary Larry Schwartz will replace Cunningham and will rise to secretary, with a $178,000 annual salary.
Peter Kauffman will be appointed communications director, at a salary of $175,000.
Kauffman is currently a vice president at the Glover Park Group, a firm specializing in public affairs and campaign management.
According to the biography provided by Paterson's office, Kauffmann "has focused mainly on strategic and crisis communications work for corporate and political clients" not a bad skill set considering the governor's recent poll numbers, which find him losing to both state Attorney General Andrew Cuomo and former New York City Mayor Rudy Giuliani in hypothetical 2010 match-ups.
All this change comes at whirlwind pace: In less than two weeks, Paterson has shed Cunningham as well as former Communications Director Risa Heller, political communications strategist Judith Smith, and campaign fundraiser Cynthia Darrison.
In addition, the governor tried to bring back top aide Charles O'Byrne who left in October in the wake of a tax scandal before talking to O'Byrne about it.
O'Byrne declined the job, although he will apparently play a role in Paterson's election bid in 2010.
Irene Jay Liu can be reached at 454-5081 or iliu@timesunion.com.
By IRENE JAY LIU, Capitol bureau, Albany, New York Times Union
First published in print: Thursday, February 26, 2009
With his poll numbers falling and a budget battle looming, Gov. David Paterson is shaking up his management team.
In a news release late Wednesday, Paterson announced the following changes:
Secretary Bill Cunningham III is resigning from the post of secretary to the governor, but will stay on during the transition as a senior adviser.
Newly appointed First Deputy Secretary Larry Schwartz will replace Cunningham and will rise to secretary, with a $178,000 annual salary.
Peter Kauffman will be appointed communications director, at a salary of $175,000.
Kauffman is currently a vice president at the Glover Park Group, a firm specializing in public affairs and campaign management.
According to the biography provided by Paterson's office, Kauffmann "has focused mainly on strategic and crisis communications work for corporate and political clients" not a bad skill set considering the governor's recent poll numbers, which find him losing to both state Attorney General Andrew Cuomo and former New York City Mayor Rudy Giuliani in hypothetical 2010 match-ups.
All this change comes at whirlwind pace: In less than two weeks, Paterson has shed Cunningham as well as former Communications Director Risa Heller, political communications strategist Judith Smith, and campaign fundraiser Cynthia Darrison.
In addition, the governor tried to bring back top aide Charles O'Byrne who left in October in the wake of a tax scandal before talking to O'Byrne about it.
O'Byrne declined the job, although he will apparently play a role in Paterson's election bid in 2010.
Irene Jay Liu can be reached at 454-5081 or iliu@timesunion.com.
"AMD's new CEO got $5.3 million pay package in '08 - AMD's new CEO got $5.3 million pay package for first year in charge of slumping chip maker"
By JORDAN ROBERTSON, Associated Press
Last updated: 5:35 p.m., Friday, February 27, 2009
SAN FRANCISCO -- Advanced Micro Devices Inc.'s new chief executive, Dirk Meyer, pulled down a pay package valued at $5.3 million in his first year at the helm of the struggling chip maker, a big piece of which came in the form of stock and options tied to his promotion last summer, the company said in a regulatory filing Friday.
Meyer's compensation for 2008, a year in which the Sunnyvale, Calif.-based company launched a major restructuring to improve its sagging finances, included a salary of $856,732 and stock and options valued at $4,386,448 when they were granted.
Meyer also got $26,220 in perks, including $9,576 in travel expenses AMD paid to allow his spouse to accompany him on some business trips.
He did not get a bonus.
AMD's executive compensation report, filed Friday with the Securities and Exchange Commission, also shows that the company's former CEO, Hector Ruiz, who turned the job over to Meyer in July, saw the value of his pay package fall 40 percent to $4.4 million because he got less in stock and options.
Ruiz, however, is in line for a big payday that makes up the difference: he has been promised a $3 million payout once AMD completes the spinoff of its factories into a joint venture with the government of Abu Dhabi, a deal he was instrumental in spearheading.
AMD won shareholder approval for that plan last week.
Ruiz, who has been serving as AMD's executive chairman, will leave that job to become chairman of the new joint venture, The Foundry Co.
Before stepping down as CEO, Ruiz had been the only person to head AMD other than founder and longtime Chief Executive Jerry Sanders.
The handoff this summer from Ruiz to Meyer came as the chip maker -- the world's No. 2 maker of personal-computer microprocessors, behind Intel Corp. -- was facing a cash crunch that threatened its survival.
AMD's decision to spin off its factories helps the company save money.
Chip factories cost billions of dollars to build, and it takes billions more every few years to outfit them with the latest technology.
AMD couldn't afford to go at Intel alone on manufacturing, and needed a partner to help shoulder some of the cost.
AMD has racked up nearly $7 billion in losses over the last nine quarters amid a punishing slowdown in PC sales, which drags down processor demand, and as the company has paid down huge debt from its $5.6 billion acquisition of graphics chip maker ATI Technologies.
In 2008, AMD lost $3.1 billion on sales of $5.8 billion.
Another part of AMD's restructuring has been cutting executives' pay and eliminating 3,300 jobs.
Meyer's salary was lowered to $720,000.
Meyer had $508,721 in stock vest during the year.
Ruiz had $1,240,975 in stock vest.
The AP's calculations of total pay includes salary, bonus, incentives, perks, above-market returns on deferred compensation and the estimated value of stock options and awards granted during the year.
The calculations exclude changes in the present value of pension benefits, and they sometimes differ from the totals companies list in the summary compensation table of proxy statements filed with the SEC.
By JORDAN ROBERTSON, Associated Press
Last updated: 5:35 p.m., Friday, February 27, 2009
SAN FRANCISCO -- Advanced Micro Devices Inc.'s new chief executive, Dirk Meyer, pulled down a pay package valued at $5.3 million in his first year at the helm of the struggling chip maker, a big piece of which came in the form of stock and options tied to his promotion last summer, the company said in a regulatory filing Friday.
Meyer's compensation for 2008, a year in which the Sunnyvale, Calif.-based company launched a major restructuring to improve its sagging finances, included a salary of $856,732 and stock and options valued at $4,386,448 when they were granted.
Meyer also got $26,220 in perks, including $9,576 in travel expenses AMD paid to allow his spouse to accompany him on some business trips.
He did not get a bonus.
AMD's executive compensation report, filed Friday with the Securities and Exchange Commission, also shows that the company's former CEO, Hector Ruiz, who turned the job over to Meyer in July, saw the value of his pay package fall 40 percent to $4.4 million because he got less in stock and options.
Ruiz, however, is in line for a big payday that makes up the difference: he has been promised a $3 million payout once AMD completes the spinoff of its factories into a joint venture with the government of Abu Dhabi, a deal he was instrumental in spearheading.
AMD won shareholder approval for that plan last week.
Ruiz, who has been serving as AMD's executive chairman, will leave that job to become chairman of the new joint venture, The Foundry Co.
Before stepping down as CEO, Ruiz had been the only person to head AMD other than founder and longtime Chief Executive Jerry Sanders.
The handoff this summer from Ruiz to Meyer came as the chip maker -- the world's No. 2 maker of personal-computer microprocessors, behind Intel Corp. -- was facing a cash crunch that threatened its survival.
AMD's decision to spin off its factories helps the company save money.
Chip factories cost billions of dollars to build, and it takes billions more every few years to outfit them with the latest technology.
AMD couldn't afford to go at Intel alone on manufacturing, and needed a partner to help shoulder some of the cost.
AMD has racked up nearly $7 billion in losses over the last nine quarters amid a punishing slowdown in PC sales, which drags down processor demand, and as the company has paid down huge debt from its $5.6 billion acquisition of graphics chip maker ATI Technologies.
In 2008, AMD lost $3.1 billion on sales of $5.8 billion.
Another part of AMD's restructuring has been cutting executives' pay and eliminating 3,300 jobs.
Meyer's salary was lowered to $720,000.
Meyer had $508,721 in stock vest during the year.
Ruiz had $1,240,975 in stock vest.
The AP's calculations of total pay includes salary, bonus, incentives, perks, above-market returns on deferred compensation and the estimated value of stock options and awards granted during the year.
The calculations exclude changes in the present value of pension benefits, and they sometimes differ from the totals companies list in the summary compensation table of proxy statements filed with the SEC.
Liv,
I just wanted to pay tribute to someone that we have both read and loved reading! He lived a good and long life, and his ideas and vision live inside of us, and all that we touched along the way! And really, when you get right down to it, that's the best life after all isn't it?
PEORIA Science fiction author Philip Jose Farmer died Wednesday morning at his North Peoria home. He was 91.
"There is no funeral," said Bette Farmer, his wife of nearly 68 years. "Just a memorial service. That's what Phil wanted. We talked about it."
"This was a bit of a blow," said Paul Spiteri, who helped publish some of Farmer's work and has talked with the Farmers weekly during the last few years. "No matter how much you feel you're expecting it, you're just never prepared."
Spiteri flew to Peoria from his home in the United Kingdom to surprise Farmer on his 90th birthday last year, and returned just a few weeks ago for the author's 91st.
"I guess if there was something I'd want to say, it's that even though Phil may have left us, our memories of him and the words he left will stay with us and future generations forever," Spiteri said via e-mail.
He is one of the group Bette Farmer sometimes calls "the boys" - the devoted fans who have produced "Farmerphile" magazine and attended a mini-convention they call "FarmerCon" for the last several years. Even after Phil Farmer quit writing, Bette included her own articles in the fan publication. That includes her account of the time Farmer literally threw himself at her feet in the basement of Bradley Hall - twice - when both attended Bradley University.
"I turned around and said, 'You're going to kill yourself,'" Bette Farmer wrote. "He jumped up and started a long diatribe about how he had looked at me from afar for so long and it was like viewing a beautiful sunset or some such thing. He has started many stories through the years with just such an opening BANG!"
While Farmer was known for his prolific writing, Bette Farmer handled most of the business. Tracy Knight, a fellow writer, described the author as "inspired, but not ambitious" and credits Bette Farmer's focus as a key complement to Farmer's work through the decades. Given the author's failing health, he said he has "very mixed" feelings about Farmer's death.
"I don't know that we deserved him this long," he said.
I just wanted to pay tribute to someone that we have both read and loved reading! He lived a good and long life, and his ideas and vision live inside of us, and all that we touched along the way! And really, when you get right down to it, that's the best life after all isn't it?
PEORIA Science fiction author Philip Jose Farmer died Wednesday morning at his North Peoria home. He was 91.
"There is no funeral," said Bette Farmer, his wife of nearly 68 years. "Just a memorial service. That's what Phil wanted. We talked about it."
"This was a bit of a blow," said Paul Spiteri, who helped publish some of Farmer's work and has talked with the Farmers weekly during the last few years. "No matter how much you feel you're expecting it, you're just never prepared."
Spiteri flew to Peoria from his home in the United Kingdom to surprise Farmer on his 90th birthday last year, and returned just a few weeks ago for the author's 91st.
"I guess if there was something I'd want to say, it's that even though Phil may have left us, our memories of him and the words he left will stay with us and future generations forever," Spiteri said via e-mail.
He is one of the group Bette Farmer sometimes calls "the boys" - the devoted fans who have produced "Farmerphile" magazine and attended a mini-convention they call "FarmerCon" for the last several years. Even after Phil Farmer quit writing, Bette included her own articles in the fan publication. That includes her account of the time Farmer literally threw himself at her feet in the basement of Bradley Hall - twice - when both attended Bradley University.
"I turned around and said, 'You're going to kill yourself,'" Bette Farmer wrote. "He jumped up and started a long diatribe about how he had looked at me from afar for so long and it was like viewing a beautiful sunset or some such thing. He has started many stories through the years with just such an opening BANG!"
While Farmer was known for his prolific writing, Bette Farmer handled most of the business. Tracy Knight, a fellow writer, described the author as "inspired, but not ambitious" and credits Bette Farmer's focus as a key complement to Farmer's work through the decades. Given the author's failing health, he said he has "very mixed" feelings about Farmer's death.
"I don't know that we deserved him this long," he said.
QUOTE(heart @ Mar 4 2009, 03:03 AM) 
Liv,
I just wanted to pay tribute to someone that we have both read and loved reading!
He lived a good and long life, and his ideas and vision live inside of us, and all that we touched along the way!
And really, when you get right down to it, that's the best life after all isn't it?
I just wanted to pay tribute to someone that we have both read and loved reading!
He lived a good and long life, and his ideas and vision live inside of us, and all that we touched along the way!
And really, when you get right down to it, that's the best life after all isn't it?
Well, heart ....
I share your feelings here about the man, and you have expressed them better than I could articulate them ....
Certainly his writings serve to form a backdrop with respect to my own thought patterns about human nature and the pursuit of power ....
The man had a lot of insights into life is my thought ....
And his service to mankind was that he took the time to share those thoughts and insights in a way that made them very understandable ....
And so ...
That's what you do too Livyjr! Thank You!
QUOTE(heart @ Mar 4 2009, 01:45 PM)
That's what you do too Livyjr!
Thank You!
Thank You!
And thank you, too, heart ....
And you are a vital part of that process, as well ....
And so it goes ...
On into the future ...
Armed with knowledge of the past and human nature thanks to people like Philip Jose Farmer .....
And so ...
"AMD, Abu Dhabi ink Foundry deal"
By ERIC ANDERSON, Deputy business editor, Albany, New York Times Union
Last updated: 6:03 p.m., Monday, March 2, 2009
Advanced Micro Devices Inc. announced this afternoon it has completed the deal with Advanced Technology Investment Co. and Mubadala Development Co., both of Abu Dhabi, to create The Foundry Co., a new manufacturing unit that will build and operate the $4.6 billion semiconductor fabrication plant at Luther Forest Technology Campus in Saratoga County.
AMD and ATIC will each own 50 percent of the new company, which will get a new identity and new name later this week.
But ATIC will own 65.8 percent of the company on a fully converted to common shares basis, while AMD will have the other 34.2 percent.
The deal improves AMD's cash position by $825 million.
The Foundry Co. will have its headquarters in California's Silicon Valley, with manufacturing plants in Dresden, Germany.
Research and development will be based in New York state.
By ERIC ANDERSON, Deputy business editor, Albany, New York Times Union
Last updated: 6:03 p.m., Monday, March 2, 2009
Advanced Micro Devices Inc. announced this afternoon it has completed the deal with Advanced Technology Investment Co. and Mubadala Development Co., both of Abu Dhabi, to create The Foundry Co., a new manufacturing unit that will build and operate the $4.6 billion semiconductor fabrication plant at Luther Forest Technology Campus in Saratoga County.
AMD and ATIC will each own 50 percent of the new company, which will get a new identity and new name later this week.
But ATIC will own 65.8 percent of the company on a fully converted to common shares basis, while AMD will have the other 34.2 percent.
The deal improves AMD's cash position by $825 million.
The Foundry Co. will have its headquarters in California's Silicon Valley, with manufacturing plants in Dresden, Germany.
Research and development will be based in New York state.
"State budget cuts put farmland at risk - A preservation program may be closed due to spending reductions"
By KENNETH C. CROWE II, Staff writer, Albany, New York Times Union
First published in print: Tuesday, March 3, 2009
SCHAGHTICOKE A window of opportunity to preserve farmland at bargain prices may be closed by state budget cuts, agricultural groups said Monday.
A proposed 40 percent cut in state farmland protection money means fewer farms can be saved from development, said David Haight, state director for American Farmland Trust in Saratoga Springs.
"There are 181 farm applications worth $159 million pending statewide,'' Haight said.
"Ninety percent of that will have to be turned down."
The 690-acre St. Croix farm on Ridge Road, owned by John and Eva Moore, received a state grant in 2007, getting $879,633 in farmland protection money.
The farm is in the heart of the Route 67 corridor in which preservation groups want to protect land from development.
Teri Ptacek, executive director of the Agricultural Steward Association, said developers aren't competing now for land due to the bad economy.
This will change.
"This is a window of opportunity."
"Funds are being cut."
"We have increased development prospects with AMD moving ahead,'' Ptacek said, comparing now to future pressures.
The state's farmland protection budget was $30 million.
The proposal is to cut it to about $17.5 million.
"I hope the state takes a serious look at the budget."
"You've got to have the farms to keep the open space,'' said Rensselaer County Legislator Ken Herrington, chairman of the county Agriculture Committee.
Haight and Ptacek said they are worried that state Department of Agriculture and Markets has not yet announced the award of farmland protection grants for the 2008-09 budget year.
There are three applicants each in Rensselaer and Washington counties who are awaiting word on whether they will receive state funding.
Jessica Chittenden, an agency spokeswoman, said the applications are under review due to the funding cuts.
The upcoming 2009-10 budget has yet to be determined for the program.
"It's in the hands of the Legislature,'' Chittenden said.
Assemblyman Tim Gordon of Bethlehem said he is lobbying his fellow Agriculture Committee members to support the program.
"It's important we raise our voices to make it clear we have to support agriculture,'' Gordon said.
"This is more than just a program to preserve open space,'' Gordon said.
"This is good economic development.''
John Moore said the program allows his family to preserve the St. Croix farm and invest in its operations.
He said it gives his children, Emily, 15, and Matthew, 13, to become the next generation to farm.
By KENNETH C. CROWE II, Staff writer, Albany, New York Times Union
First published in print: Tuesday, March 3, 2009
SCHAGHTICOKE A window of opportunity to preserve farmland at bargain prices may be closed by state budget cuts, agricultural groups said Monday.
A proposed 40 percent cut in state farmland protection money means fewer farms can be saved from development, said David Haight, state director for American Farmland Trust in Saratoga Springs.
"There are 181 farm applications worth $159 million pending statewide,'' Haight said.
"Ninety percent of that will have to be turned down."
The 690-acre St. Croix farm on Ridge Road, owned by John and Eva Moore, received a state grant in 2007, getting $879,633 in farmland protection money.
The farm is in the heart of the Route 67 corridor in which preservation groups want to protect land from development.
Teri Ptacek, executive director of the Agricultural Steward Association, said developers aren't competing now for land due to the bad economy.
This will change.
"This is a window of opportunity."
"Funds are being cut."
"We have increased development prospects with AMD moving ahead,'' Ptacek said, comparing now to future pressures.
The state's farmland protection budget was $30 million.
The proposal is to cut it to about $17.5 million.
"I hope the state takes a serious look at the budget."
"You've got to have the farms to keep the open space,'' said Rensselaer County Legislator Ken Herrington, chairman of the county Agriculture Committee.
Haight and Ptacek said they are worried that state Department of Agriculture and Markets has not yet announced the award of farmland protection grants for the 2008-09 budget year.
There are three applicants each in Rensselaer and Washington counties who are awaiting word on whether they will receive state funding.
Jessica Chittenden, an agency spokeswoman, said the applications are under review due to the funding cuts.
The upcoming 2009-10 budget has yet to be determined for the program.
"It's in the hands of the Legislature,'' Chittenden said.
Assemblyman Tim Gordon of Bethlehem said he is lobbying his fellow Agriculture Committee members to support the program.
"It's important we raise our voices to make it clear we have to support agriculture,'' Gordon said.
"This is more than just a program to preserve open space,'' Gordon said.
"This is good economic development.''
John Moore said the program allows his family to preserve the St. Croix farm and invest in its operations.
He said it gives his children, Emily, 15, and Matthew, 13, to become the next generation to farm.
"Lawyers support embattled Bruno - Capital Region group says indictment flawed"
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published in print: Friday, March 6, 2009
ALBANY A group of area attorneys have banded together to publicly criticize the federal indictment against former Senate Majority Leader Joseph L. Bruno.
Calling themselves "Lawyers For Bruno," the group is sharing a point of view that echoes many of the remarks Bruno has made since he was indicted by a federal grand jury Jan. 23 on eight criminal counts.
Led by E. Stewart Jones Jr. of Troy and Stephen Coffey of Albany, the 10 lawyers claim the U.S. Attorney for the Northern District has constructed charges on a flawed premise using the theft of honest services statute with dangerous disregard for fairness.
"This prosecution is unwise, unwarranted and . . . unwinnable," Coffey said in a news release.
He did not return a call.
Coffey has represented witnesses in the case against Bruno.
He is working for Susan Bruno, the oldest daughter of the senator, whose job with the Research Foundation of the State University of New York has come under scrutiny because of FBI inquiries about her assignments and her spotty attendance at her office at the foundation.
Jones, who also has represented witnesses who testified during the grand jury probe of the senator, said the group has reached out to non-lawyers as well to join in supporting Bruno.
"As citizens of the Capital District we stand by Joe Bruno," Jones said.
"As officers of the court we are appalled at this indictment because of its fundamental legal flaws."
The group includes Michael D. Assaf, Jack Casey, Jim Crane, Harry Dagostino, Patricia DeAngelis, Marc Ehrlich, Andrew Martin and James Towne.
Many "Lawyers for Bruno" members have benefited from business or political ties to the ex-senator.
"I don't think people appreciate just how amorphous this allegation is and how lacking in substance it is," Jones said.
"It is a non-disclosure crime he's charged with here; he's accused of not disclosing information that did not help or hurt anybody."
"There's no quid pro quo, no crime charged."
William Pericak, assistant U.S. Attorney in the Bruno prosecution, said: "we have no comment on that."
His office has defended the charges against Bruno as part of anti-corruption legislation passed by Congress to keep public officials honest.
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published in print: Friday, March 6, 2009
ALBANY A group of area attorneys have banded together to publicly criticize the federal indictment against former Senate Majority Leader Joseph L. Bruno.
Calling themselves "Lawyers For Bruno," the group is sharing a point of view that echoes many of the remarks Bruno has made since he was indicted by a federal grand jury Jan. 23 on eight criminal counts.
Led by E. Stewart Jones Jr. of Troy and Stephen Coffey of Albany, the 10 lawyers claim the U.S. Attorney for the Northern District has constructed charges on a flawed premise using the theft of honest services statute with dangerous disregard for fairness.
"This prosecution is unwise, unwarranted and . . . unwinnable," Coffey said in a news release.
He did not return a call.
Coffey has represented witnesses in the case against Bruno.
He is working for Susan Bruno, the oldest daughter of the senator, whose job with the Research Foundation of the State University of New York has come under scrutiny because of FBI inquiries about her assignments and her spotty attendance at her office at the foundation.
Jones, who also has represented witnesses who testified during the grand jury probe of the senator, said the group has reached out to non-lawyers as well to join in supporting Bruno.
"As citizens of the Capital District we stand by Joe Bruno," Jones said.
"As officers of the court we are appalled at this indictment because of its fundamental legal flaws."
The group includes Michael D. Assaf, Jack Casey, Jim Crane, Harry Dagostino, Patricia DeAngelis, Marc Ehrlich, Andrew Martin and James Towne.
Many "Lawyers for Bruno" members have benefited from business or political ties to the ex-senator.
"I don't think people appreciate just how amorphous this allegation is and how lacking in substance it is," Jones said.
"It is a non-disclosure crime he's charged with here; he's accused of not disclosing information that did not help or hurt anybody."
"There's no quid pro quo, no crime charged."
William Pericak, assistant U.S. Attorney in the Bruno prosecution, said: "we have no comment on that."
His office has defended the charges against Bruno as part of anti-corruption legislation passed by Congress to keep public officials honest.
"State Insurance Fund chief quits as agency under fire - Questions raised about alleged mismanagement, do-nothing job of worker, pay package spur exit"
By JAMES M. ODATO CAPITAL BUREAU, Albany, New York Times Union
First published in print: Friday, March 6, 2009
ALBANY - The head of the State Insurance Fund resigned Thursday amid a hail of scrutiny by various state agencies checking into his alleged mismanagement, all triggered by a Times Union story last month that he allowed an employee to make $94,000 annually without working.
The departure of David Wehner came Thursday after the newspaper began inquiring into the unusual history of his compensation package and was preparing an article that questioned why he was paid $185,400 annually when the statutory salary for his post is $120,800.
Wehner said last night that he chose to end his 14-year career in state government for personal reasons involving family and friends.
"I'm hopeful that the whole story on the issues comes out," said Wehner, 44, of Guilderland.
Gov. David Paterson's office called for Wehner to step down late Thursday and Wehner tendered his resignation shortly thereafter, said Morgan Hook, a spokesman for the governor.
Wehner said he submitted his resignation to Insurance Fund Chairman Robert Hurlbut because the board of commissioners has appointing authority, not the governor, but declined a detailed explanation.
Wehner stepped down after the Times Union began questioning his pay.
He was appointed executive director on Jan. 1, 2006, the top officer of a state insurance pool that covers all state agencies with workers compensation and sells policies to private businesses as well.
Top posts come with nine-year terms.
Despite a 2006 news release from his commissioners, which quotes Wehner saying that he had become executive director, he was paid for 10 months as "deputy director of the fund," a position that is free of the $120,800 legal cap on the executive director's job.
As a result, instead of starting at the pay level of executive director, Wehner at first received $170,000 a year.
That pay rose to $180,000 in May 2006 and on the same day rose again to $185,400 where it remained until October of 2006 when it fell to $120,800 and his payroll status was changed to executive director.
For the 10 months of 2006 that the payroll listed him as the highly paid deputy director, Wehner issued news releases using the title executive director.
Hurlbut, the insurance fund's chairman, said commissioners intended to hire Wehner on a trial basis to see if he could handle running a fast-growing insurance agency and that news releases naming Wehner as executive director were a mistake, including the initial one in which Wehner said he was honored to take the title and thanked Gov. George Pataki for supporting him.
He said Wehner had worked out pay with a previous chairman, Terry Morris, who died shortly after the deal was struck.
Wehner said the negotiation that brought him from the Workers Compensation Board, where he had served as the $120,800-per-year chairman, involved him taking the line of his predecessor, Ken Ross.
Ross was a deputy director who ascended to the top job when his boss had resigned.
Ross was being paid $170,000 as the top officer of the fund but was holding the deputy director title on the books, Wehner said.
He said he knew that at some point he would become the official executive director and his pay would retreat by $65,000.
Thursday's resignation comes amid investigations by the Inspector General's Office, the Civil Service Department and the Division of Human Rights.
The probes were touched off after the Times Union featured Randall Hinton, a 27-year state employee with the title of director of investigations at the Insurance Fund.
Hinton said he does no work and spends his days counting cars he watches from his office window while listening to music and collected a nearly $94,000 salary.
James M. Odato can be reached at 454-5083 or jodato@timesunion.com
For the 10 months of 2006 that the payroll listed him as the highly paid deputy director, Wehner issued news releases using the title executive director.
By JAMES M. ODATO CAPITAL BUREAU, Albany, New York Times Union
First published in print: Friday, March 6, 2009
ALBANY - The head of the State Insurance Fund resigned Thursday amid a hail of scrutiny by various state agencies checking into his alleged mismanagement, all triggered by a Times Union story last month that he allowed an employee to make $94,000 annually without working.
The departure of David Wehner came Thursday after the newspaper began inquiring into the unusual history of his compensation package and was preparing an article that questioned why he was paid $185,400 annually when the statutory salary for his post is $120,800.
Wehner said last night that he chose to end his 14-year career in state government for personal reasons involving family and friends.
"I'm hopeful that the whole story on the issues comes out," said Wehner, 44, of Guilderland.
Gov. David Paterson's office called for Wehner to step down late Thursday and Wehner tendered his resignation shortly thereafter, said Morgan Hook, a spokesman for the governor.
Wehner said he submitted his resignation to Insurance Fund Chairman Robert Hurlbut because the board of commissioners has appointing authority, not the governor, but declined a detailed explanation.
Wehner stepped down after the Times Union began questioning his pay.
He was appointed executive director on Jan. 1, 2006, the top officer of a state insurance pool that covers all state agencies with workers compensation and sells policies to private businesses as well.
Top posts come with nine-year terms.
Despite a 2006 news release from his commissioners, which quotes Wehner saying that he had become executive director, he was paid for 10 months as "deputy director of the fund," a position that is free of the $120,800 legal cap on the executive director's job.
As a result, instead of starting at the pay level of executive director, Wehner at first received $170,000 a year.
That pay rose to $180,000 in May 2006 and on the same day rose again to $185,400 where it remained until October of 2006 when it fell to $120,800 and his payroll status was changed to executive director.
For the 10 months of 2006 that the payroll listed him as the highly paid deputy director, Wehner issued news releases using the title executive director.
Hurlbut, the insurance fund's chairman, said commissioners intended to hire Wehner on a trial basis to see if he could handle running a fast-growing insurance agency and that news releases naming Wehner as executive director were a mistake, including the initial one in which Wehner said he was honored to take the title and thanked Gov. George Pataki for supporting him.
He said Wehner had worked out pay with a previous chairman, Terry Morris, who died shortly after the deal was struck.
Wehner said the negotiation that brought him from the Workers Compensation Board, where he had served as the $120,800-per-year chairman, involved him taking the line of his predecessor, Ken Ross.
Ross was a deputy director who ascended to the top job when his boss had resigned.
Ross was being paid $170,000 as the top officer of the fund but was holding the deputy director title on the books, Wehner said.
He said he knew that at some point he would become the official executive director and his pay would retreat by $65,000.
Thursday's resignation comes amid investigations by the Inspector General's Office, the Civil Service Department and the Division of Human Rights.
The probes were touched off after the Times Union featured Randall Hinton, a 27-year state employee with the title of director of investigations at the Insurance Fund.
Hinton said he does no work and spends his days counting cars he watches from his office window while listening to music and collected a nearly $94,000 salary.
James M. Odato can be reached at 454-5083 or jodato@timesunion.com
For the 10 months of 2006 that the payroll listed him as the highly paid deputy director, Wehner issued news releases using the title executive director.
"Jobless demand more of Rensselaer County - Jimino outlines pressing concerns in State of County address"
By KENNETH C. CROWE II, Staff writer, Albany, New York Times Union
Last updated: 6:05 p.m., Tuesday, March 10, 2009
TROY - Rensselaer County seeks ways to economize this year as it faces increased demands for county services and a potential cut in state funds, County Executive Kathleen Jimino said today.
Jimino reviewed the county's fiscal health and the challenges it faces in her annual State of the County Address to the county Legislature.
Sharing services among the county and other municipalities is one way to streamline government performance and getting the best use of taxpayer dollars, the county executive said.
"Actions such as these are particularly critical at this time as declining state revenues would otherwise add to the burden of our local taxpayers," Jimino said.
The county is seeing more demand from county residents for assistance in finding jobs.
The county has yet to hear what benefits it will receive from the federal stimulus program, Jimino said.
The county continues to seek opportunities to create new jobs by attracting new businesses, she said.
Jimino expressed concerns that the proposed state budget will add to the county's fiscal challenges.
"To add more and more local burden, as the governor's budget clearly outlines would be both unconscionable and unthinkable," Jimino said.
"Any action of this nature would further jeopardize local programs that the county pays for such as road and highway maintenance, veteran and senior programs, as well as the sheriff's department road patrol."
By KENNETH C. CROWE II, Staff writer, Albany, New York Times Union
Last updated: 6:05 p.m., Tuesday, March 10, 2009
TROY - Rensselaer County seeks ways to economize this year as it faces increased demands for county services and a potential cut in state funds, County Executive Kathleen Jimino said today.
Jimino reviewed the county's fiscal health and the challenges it faces in her annual State of the County Address to the county Legislature.
Sharing services among the county and other municipalities is one way to streamline government performance and getting the best use of taxpayer dollars, the county executive said.
"Actions such as these are particularly critical at this time as declining state revenues would otherwise add to the burden of our local taxpayers," Jimino said.
The county is seeing more demand from county residents for assistance in finding jobs.
The county has yet to hear what benefits it will receive from the federal stimulus program, Jimino said.
The county continues to seek opportunities to create new jobs by attracting new businesses, she said.
Jimino expressed concerns that the proposed state budget will add to the county's fiscal challenges.
"To add more and more local burden, as the governor's budget clearly outlines would be both unconscionable and unthinkable," Jimino said.
"Any action of this nature would further jeopardize local programs that the county pays for such as road and highway maintenance, veteran and senior programs, as well as the sheriff's department road patrol."
"Malta gives OK on permit for chip-fab site"
By LARRY RULISON, Business writer, Albany, New York Times Union
Last updated: 1:45 p.m., Wednesday, March 11, 2009
GlobalFoundries Inc. received approval last night from the Malta Planning Board to get a soil-disturbance permit from the town that will allow it to start clearing the site where its $4.2 billion computer-chip factory will be built.
GlobalFoundries is the Sunnyvale, Calif., firm spun off from Advanced Micro Devices Inc. last week to focus exclusively on computer-chip manufacturing for AMD and eventually other companies.
The approval doesn't mean that work will begin immediately at the Luther Forest Technology Campus, where the chip fab will be built.
GlobalFoundries still must purchase the 222-acre plot where it intends to build the fab.
And it also must get a soil-disturbance permit from Stillwater because the fab will be in both Malta and Stillwater.
The Stillwater Planning Board will consider the permit at its March 16 meeting.
By LARRY RULISON, Business writer, Albany, New York Times Union
Last updated: 1:45 p.m., Wednesday, March 11, 2009
GlobalFoundries Inc. received approval last night from the Malta Planning Board to get a soil-disturbance permit from the town that will allow it to start clearing the site where its $4.2 billion computer-chip factory will be built.
GlobalFoundries is the Sunnyvale, Calif., firm spun off from Advanced Micro Devices Inc. last week to focus exclusively on computer-chip manufacturing for AMD and eventually other companies.
The approval doesn't mean that work will begin immediately at the Luther Forest Technology Campus, where the chip fab will be built.
GlobalFoundries still must purchase the 222-acre plot where it intends to build the fab.
And it also must get a soil-disturbance permit from Stillwater because the fab will be in both Malta and Stillwater.
The Stillwater Planning Board will consider the permit at its March 16 meeting.
"NY Senate Republicans rally against Dems"
Associated Press
Last updated: 2:25 p.m., Thursday, March 12, 2009
ALBANY -- New York Senate Republicans are shooting back at Democrats, accusing them of creating a budget planning process that violates a reform law and breeds political secrecy and back-room deals.
Sen. Thomas Libous, a Republican from Broome County, says Democrats have failed to live up to their promise to reform the Senate and promote openness.
Republicans are taking the opportunity of debate over some routine funding bills to take shots at the Democrats' new majority.
Republicans challenged the Democrats competence and commitment to open government.
Democrats say they'll deal with the issues Republicans sought separately during a budget process that Republicans claim they've been excluded from.
Associated Press
Last updated: 2:25 p.m., Thursday, March 12, 2009
ALBANY -- New York Senate Republicans are shooting back at Democrats, accusing them of creating a budget planning process that violates a reform law and breeds political secrecy and back-room deals.
Sen. Thomas Libous, a Republican from Broome County, says Democrats have failed to live up to their promise to reform the Senate and promote openness.
Republicans are taking the opportunity of debate over some routine funding bills to take shots at the Democrats' new majority.
Republicans challenged the Democrats competence and commitment to open government.
Democrats say they'll deal with the issues Republicans sought separately during a budget process that Republicans claim they've been excluded from.
"Intel moves to cancel AMD pact"
By LARRY RULISON, Business writer, Albany, New York Times Union
Last updated: 11:10 a.m., Monday, March 16, 2009
In a somewhat surprising move, Intel Corp. has moved to cancel its technology cross-licensing agreement with Advanced Micro Devices Inc.
AMD cannot design its chips without the agreement, which has been in place for decades.
The agreement is key to the Capital Region since AMD will be the first customers of GlobalFoundries Inc., the company building a $4.2 billion computer chip factory in Malta.
According to a Securities and Exchange Commission filing this morning, Intel has told AMD that the spinoff of its manufacturing earlier this month to GlobalFoundries is a violation of the licensing agreement.
"Intel's action is an attempt to distract the world from the global antitrust scrutiny it faces," AMD said in a statement.
"Should this matter proceed to litigation, we will prove that Intel fabricated this claim to interfere with our commercial relationships and thus has violated the cross-license."
Intel has said it would not block the spinoff, which included a $825 million cash investment from two funds owned by the Emirate of Abu Dhabi.
By LARRY RULISON, Business writer, Albany, New York Times Union
Last updated: 11:10 a.m., Monday, March 16, 2009
In a somewhat surprising move, Intel Corp. has moved to cancel its technology cross-licensing agreement with Advanced Micro Devices Inc.
AMD cannot design its chips without the agreement, which has been in place for decades.
The agreement is key to the Capital Region since AMD will be the first customers of GlobalFoundries Inc., the company building a $4.2 billion computer chip factory in Malta.
According to a Securities and Exchange Commission filing this morning, Intel has told AMD that the spinoff of its manufacturing earlier this month to GlobalFoundries is a violation of the licensing agreement.
"Intel's action is an attempt to distract the world from the global antitrust scrutiny it faces," AMD said in a statement.
"Should this matter proceed to litigation, we will prove that Intel fabricated this claim to interfere with our commercial relationships and thus has violated the cross-license."
Intel has said it would not block the spinoff, which included a $825 million cash investment from two funds owned by the Emirate of Abu Dhabi.
"AMD in tiff with Intel - Officials say 'diversionary tactic' won't affect plans for Luther Forest project"
By LARRY RULISON, Business writer, Albany, New York Times Union
First published in print: Tuesday, March 17, 2009
MALTA Intel Corp. wants to cancel its long-standing technology-sharing agreement with Advanced Micro Devices Inc. after AMD spun off manufacturing two weeks ago.
The move is important to the Capital Region because AMD is the first and currently only customer of GlobalFoundries Inc., the California company planning a $4.2 billion computer-chip factory in Malta.
Intel says it will cancel the agreement within 60 days if the two sides cannot come to a resolution.
Intel, the world's No. 1 maker of chips for personal computers and servers, says AMD violated the agreement when it created GlobalFoundries through a joint venture funded by the Emirate of Abu Dhabi.
Intel says the technology cannot be transferred to a third party.
AMD doesn't see it that way, and argues that GlobalFoundries can use the technology because it is a subsidiary of AMD covered under the agreement.
Officials from AMD and GlobalFoundries moved quickly to dampen fears that Intel's move would endanger plans for what's known as Fab 2 at the Luther Forest Technology Campus in Malta.
New York has committed $1.2 billion to the project, considered one of the most important in state history.
"This doesn't change anything for us," said GlobalFoundries spokesman Travis Bullard.
"We see this as a diversionary tactic from Intel to distract from the global antitrust scrutiny they face."
"We remain on track to manufacture products for AMD and other future customers."
Intel has had concerns about the long-standing agreement ever since AMD announced plans for the joint venture back in October.
Monday morning, AMD said in a filing with the Securities and Exchange Commission that Intel notified it that it was moving to cancel the agreement if the "alleged breach" has not been corrected.
Intel said in a subsequent news release that the dispute will go to mediation.
"We are willing to find a resolution but at the same time we have an obligation to our stockholders to protect the billions of dollars we've invested in intellectual property," said Intel General Counsel Bruce Sewell.
AMD General Counsel Harry Wolin said Monday that Intel is using the agreement which runs through 2010 as a way to fight back at AMD for its dispute with Intel over anti-trust violations.
"It's sort of tit-for-tat here," Wolin said.
"We think this is a very suspect legal claim."
Intel's move comes just a few weeks before GlobalFoundries is expected to start clearing a 222-acre site at Luther Forest.
An official groundbreaking could take place this summer.
The factory is expected to reach full-scale production by 2012 with 1,465 employees.
The site would have room for two additional factories as well.
Analysts who follow AMD said that the charges by Intel are part of the larger competitive and antitrust battles that the two chip makers are waging.
"Obviously Intel is going to make things as difficult as possible for its rival," said Andy Ng of Morningstar Inc. in Chicago.
"It's not like this is completely surprising."
Nathan Brookwood, research fellow for Insight64 in Saratoga, Calif., said the battle over the technology agreement is really part of the antitrust battle, and the real important fight will take place in Delaware, where AMD has sued Intel in federal court over antitrust issues.
That trial is scheduled to start in February of 2010.
"This is definitely a sideshow," Brookwood said.
Larry Rulison can be reached at 454-5504 or by e-mail at lrulison@timesunion.com.
Previously: AMD announced in October plans to spin off manufacturing to a joint venture funded by the Emirate of Abu Dhabi.
AMD said the deal was structured in such a way to adhere to a technology-sharing agreement with rival Intel Corp.
Intel said it had concerns.
Now: Intel has notified AMD of its intent to scrap the agreement within 60 days unless the two sides come up with a solution.
What's ahead: The dispute could go to mediation, and if that fails, it could end up in court.
By LARRY RULISON, Business writer, Albany, New York Times Union
First published in print: Tuesday, March 17, 2009
MALTA Intel Corp. wants to cancel its long-standing technology-sharing agreement with Advanced Micro Devices Inc. after AMD spun off manufacturing two weeks ago.
The move is important to the Capital Region because AMD is the first and currently only customer of GlobalFoundries Inc., the California company planning a $4.2 billion computer-chip factory in Malta.
Intel says it will cancel the agreement within 60 days if the two sides cannot come to a resolution.
Intel, the world's No. 1 maker of chips for personal computers and servers, says AMD violated the agreement when it created GlobalFoundries through a joint venture funded by the Emirate of Abu Dhabi.
Intel says the technology cannot be transferred to a third party.
AMD doesn't see it that way, and argues that GlobalFoundries can use the technology because it is a subsidiary of AMD covered under the agreement.
Officials from AMD and GlobalFoundries moved quickly to dampen fears that Intel's move would endanger plans for what's known as Fab 2 at the Luther Forest Technology Campus in Malta.
New York has committed $1.2 billion to the project, considered one of the most important in state history.
"This doesn't change anything for us," said GlobalFoundries spokesman Travis Bullard.
"We see this as a diversionary tactic from Intel to distract from the global antitrust scrutiny they face."
"We remain on track to manufacture products for AMD and other future customers."
Intel has had concerns about the long-standing agreement ever since AMD announced plans for the joint venture back in October.
Monday morning, AMD said in a filing with the Securities and Exchange Commission that Intel notified it that it was moving to cancel the agreement if the "alleged breach" has not been corrected.
Intel said in a subsequent news release that the dispute will go to mediation.
"We are willing to find a resolution but at the same time we have an obligation to our stockholders to protect the billions of dollars we've invested in intellectual property," said Intel General Counsel Bruce Sewell.
AMD General Counsel Harry Wolin said Monday that Intel is using the agreement which runs through 2010 as a way to fight back at AMD for its dispute with Intel over anti-trust violations.
"It's sort of tit-for-tat here," Wolin said.
"We think this is a very suspect legal claim."
Intel's move comes just a few weeks before GlobalFoundries is expected to start clearing a 222-acre site at Luther Forest.
An official groundbreaking could take place this summer.
The factory is expected to reach full-scale production by 2012 with 1,465 employees.
The site would have room for two additional factories as well.
Analysts who follow AMD said that the charges by Intel are part of the larger competitive and antitrust battles that the two chip makers are waging.
"Obviously Intel is going to make things as difficult as possible for its rival," said Andy Ng of Morningstar Inc. in Chicago.
"It's not like this is completely surprising."
Nathan Brookwood, research fellow for Insight64 in Saratoga, Calif., said the battle over the technology agreement is really part of the antitrust battle, and the real important fight will take place in Delaware, where AMD has sued Intel in federal court over antitrust issues.
That trial is scheduled to start in February of 2010.
"This is definitely a sideshow," Brookwood said.
Larry Rulison can be reached at 454-5504 or by e-mail at lrulison@timesunion.com.
Previously: AMD announced in October plans to spin off manufacturing to a joint venture funded by the Emirate of Abu Dhabi.
AMD said the deal was structured in such a way to adhere to a technology-sharing agreement with rival Intel Corp.
Intel said it had concerns.
Now: Intel has notified AMD of its intent to scrap the agreement within 60 days unless the two sides come up with a solution.
What's ahead: The dispute could go to mediation, and if that fails, it could end up in court.
"AG: Scam one of 'grossest examples of pay to play' - Political aide, investment officer accused of milking state pension fund business"
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published in print: Friday, March 20, 2009
ALBANY - Former Comptroller Alan Hevesi's chief investment officer and a top political adviser were accused Thursday of selling opportunities to invest in the state pension fund in exchange for millions of dollars obtained through bribes, money laundering and fraud.
A 123-count indictment was lodged against Henry "Hank" Morris, a Democratic political strategist who allegedly pocketed $35.3 million for himself and associates, and David Loglisci, who ran the investment end of the pension fund from 2003 to 2007 when the huge fund nearly doubled in value.
Besides "enterprise corruption" Attorney General Andrew Cuomo said the pair committed bribery, money laundering, grand larceny and securities fraud and could be put away for dozens of years.
Cuomo said the two-year investigation revealed the two schemed in one of the "grossest examples of pay to play" ever seen in Albany, which he promised to clean up as a so-called Sheriff of State Street.
Citing overly permissive campaign laws, Cuomo said state elected leaders are vulnerable to conflicts, particularly the state comptroller, who is the sole trustee of a pension fund now worth more than $120 billion.
That is a dip from a high of more than $165 billion during Loglisci's tenure.
"A toxic mix" of weak campaign finance laws and the sole trustee setup in New York "breeds corruption," Cuomo said.
Charges were not lodged against Hevesi, a Queens Democrat and former assemblyman forced to step down after re-election in 2006 amid a travel scandal.
Cuomo emphasized the probe is continuing.
Lawyers for the defendants contested the allegations.
Loglisci was released on $350,000 bail bond and Morris posted $1 million in cash.
William J. Schwartz, Morris' lawyer, said the pension fund's investments returned hundreds of millions of dollars because of investments his client "lawfully introduced to it, and the fund did not pay him one penny."
"There was no fraud and no corruption."
"Hank Morris is innocent, and we will defeat these charges at trial."
Irving P. Seidmen, Loglisci's lawyer, called the charges the "fictional reaction of a flawed and manipulative presentation to the grand jury."
He said free of politics, his client can be proven innocent.
The indictment, opened in Manhattan, alleges Morris took millions of dollars in campaign contributions for the Hevesi campaign from firms doing business with the comptroller's office.
Morris also served as a agent for some of the firms to help them win investment business with the pension fund.
In all Morris served 23 investment funds that got a piece of pension fund business.
Senior officials at the comptroller's office allegedly conspired with some of Hevesi's political pals so that the cronies received fees for doing no real work as rewards for political favors, the indictment said.
The indictment identifies John Doe 1 as an asset manager and friend of Loglisci and a John Doe 2 who was a high-ranking official with the comptroller's office until the end of 2006.
Cuomo would not say who they are.
Loglisci, 38, allegedly steered investment business to Morris' favored firms.
As a result, he got $100,000 from Morris and another $100,000 from a principal of a stock fund seeking business with the comptroller's office.
The money allegedly was invested in the movie "Chooch", produced by Loglisci's brother.
The indictment does not name the alleged conspirators but identifies some funds that worked with Morris, including The Carlyle Group, Access/NY European Fund and Aldus New York Emerging Fund.
More than $4 billion in transactions went to firms tied to Morris.
Cuomo said some fund operators acknowledged they were told to use Morris as a middle man for business with the pension fund.
Cuomo said he received a forfeiture order letting him seize up to $35 million in assets and has already frozen $7 million in Morris' bank accounts and $4 million in his real estate.
James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published in print: Friday, March 20, 2009
ALBANY - Former Comptroller Alan Hevesi's chief investment officer and a top political adviser were accused Thursday of selling opportunities to invest in the state pension fund in exchange for millions of dollars obtained through bribes, money laundering and fraud.
A 123-count indictment was lodged against Henry "Hank" Morris, a Democratic political strategist who allegedly pocketed $35.3 million for himself and associates, and David Loglisci, who ran the investment end of the pension fund from 2003 to 2007 when the huge fund nearly doubled in value.
Besides "enterprise corruption" Attorney General Andrew Cuomo said the pair committed bribery, money laundering, grand larceny and securities fraud and could be put away for dozens of years.
Cuomo said the two-year investigation revealed the two schemed in one of the "grossest examples of pay to play" ever seen in Albany, which he promised to clean up as a so-called Sheriff of State Street.
Citing overly permissive campaign laws, Cuomo said state elected leaders are vulnerable to conflicts, particularly the state comptroller, who is the sole trustee of a pension fund now worth more than $120 billion.
That is a dip from a high of more than $165 billion during Loglisci's tenure.
"A toxic mix" of weak campaign finance laws and the sole trustee setup in New York "breeds corruption," Cuomo said.
Charges were not lodged against Hevesi, a Queens Democrat and former assemblyman forced to step down after re-election in 2006 amid a travel scandal.
Cuomo emphasized the probe is continuing.
Lawyers for the defendants contested the allegations.
Loglisci was released on $350,000 bail bond and Morris posted $1 million in cash.
William J. Schwartz, Morris' lawyer, said the pension fund's investments returned hundreds of millions of dollars because of investments his client "lawfully introduced to it, and the fund did not pay him one penny."
"There was no fraud and no corruption."
"Hank Morris is innocent, and we will defeat these charges at trial."
Irving P. Seidmen, Loglisci's lawyer, called the charges the "fictional reaction of a flawed and manipulative presentation to the grand jury."
He said free of politics, his client can be proven innocent.
The indictment, opened in Manhattan, alleges Morris took millions of dollars in campaign contributions for the Hevesi campaign from firms doing business with the comptroller's office.
Morris also served as a agent for some of the firms to help them win investment business with the pension fund.
In all Morris served 23 investment funds that got a piece of pension fund business.
Senior officials at the comptroller's office allegedly conspired with some of Hevesi's political pals so that the cronies received fees for doing no real work as rewards for political favors, the indictment said.
The indictment identifies John Doe 1 as an asset manager and friend of Loglisci and a John Doe 2 who was a high-ranking official with the comptroller's office until the end of 2006.
Cuomo would not say who they are.
Loglisci, 38, allegedly steered investment business to Morris' favored firms.
As a result, he got $100,000 from Morris and another $100,000 from a principal of a stock fund seeking business with the comptroller's office.
The money allegedly was invested in the movie "Chooch", produced by Loglisci's brother.
The indictment does not name the alleged conspirators but identifies some funds that worked with Morris, including The Carlyle Group, Access/NY European Fund and Aldus New York Emerging Fund.
More than $4 billion in transactions went to firms tied to Morris.
Cuomo said some fund operators acknowledged they were told to use Morris as a middle man for business with the pension fund.
Cuomo said he received a forfeiture order letting him seize up to $35 million in assets and has already frozen $7 million in Morris' bank accounts and $4 million in his real estate.
James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com
"Malta fab gets green light for start of construction"
By LARRY RULISON, Business writer, Albany, New York Times Union
Last updated: 2:51 p.m., Friday, March 20, 2009
In a largely procedural yet important step, the board of directors of GlobalFoundries Inc. has approved moving forward with construction of Fab 2, the $4.2 billion computer chip factory planned for Malta.
The board of the Sunnyvale, Calif. company must now send a letter to the Empire State Development Corp. to officially accept $650 million in grants from the state that are part of a $1.2 billion incentive package for the project.
The deadline for sending that letter is July 31.
The GlobalFoundries board met Wednesday to vote on the approval.
The move was largely a formality for GlobalFoundries, which was spun off from Advanced Micro Devices Inc. earlier in the month.
The state originally offered the $650 million in cash to AMD, but transferred the incentives to GlobalFoundries before the spin-off took place.
GlobalFoundries plans to start clearing a 222-acre site at the Luther Forest Technology Campus in Malta early next month.
By LARRY RULISON, Business writer, Albany, New York Times Union
Last updated: 2:51 p.m., Friday, March 20, 2009
In a largely procedural yet important step, the board of directors of GlobalFoundries Inc. has approved moving forward with construction of Fab 2, the $4.2 billion computer chip factory planned for Malta.
The board of the Sunnyvale, Calif. company must now send a letter to the Empire State Development Corp. to officially accept $650 million in grants from the state that are part of a $1.2 billion incentive package for the project.
The deadline for sending that letter is July 31.
The GlobalFoundries board met Wednesday to vote on the approval.
The move was largely a formality for GlobalFoundries, which was spun off from Advanced Micro Devices Inc. earlier in the month.
The state originally offered the $650 million in cash to AMD, but transferred the incentives to GlobalFoundries before the spin-off took place.
GlobalFoundries plans to start clearing a 222-acre site at the Luther Forest Technology Campus in Malta early next month.
"4 in 5 think Paterson is doing a bad job"
By IRENE JAY LIU, Capitol bureau, Albany, New York Times Union
Last updated: 2:05 p.m., Monday, March 23, 2009
ALBANY -- Gov. David Paterson's favorability and job approval ratings continue to plummet, according to the latest poll from the Siena Research Institute.
In short:
Paterson is viewed favorably by 29 percent of voters and unfavorably by 58 percent, down from last month's 40-47 percent rating.
His job performance rating is 19 percent positive, 78 percent negative, down from 28-69 percent last month.
His performance rating has plummeted since Jan. 26 - three days after he announced his selection of then U.S. Rep. Kirsten Gillibrand to replace Hillary Clinton in the Senate.
Days of critical news coverage followed that questioned Paterson's handling of how he made the choice.
By IRENE JAY LIU, Capitol bureau, Albany, New York Times Union
Last updated: 2:05 p.m., Monday, March 23, 2009
ALBANY -- Gov. David Paterson's favorability and job approval ratings continue to plummet, according to the latest poll from the Siena Research Institute.
In short:
Paterson is viewed favorably by 29 percent of voters and unfavorably by 58 percent, down from last month's 40-47 percent rating.
His job performance rating is 19 percent positive, 78 percent negative, down from 28-69 percent last month.
His performance rating has plummeted since Jan. 26 - three days after he announced his selection of then U.S. Rep. Kirsten Gillibrand to replace Hillary Clinton in the Senate.
Days of critical news coverage followed that questioned Paterson's handling of how he made the choice.
"Home prices, sales drop in February"
By CHRIS CHURCHILL, Business writer, Albany, New York Times Union
Last updated: 11:30 a.m., Monday, March 23, 2009
The Capital Region showed sharp declines in both the number of homes sold and median sale prices in February, according to numbers released this morning by the Greater Capital Association of Realtors Inc.
The median sale price for single-family homes in the 11-county area covered by the trade group fell 5 percent to $176,000 when compared to February 2008.
And the number of closed sales fell 21 percent.
For existing homes only -- meaning no newly constructed homes included -- the median sale price was down 4 percent to $163,000, while the number of closed sales fell by 17 percent.
"2009 is not off to a strong start based upon the number of closed transactions," Sandra Nardoci, president of GCAR, said in a written statement this morning.
Some parts of the region saw particularly sharp declines.
Rensselaer County, for example, saw a 12 percent decline in the median price, to $158,500, while the number of closed sales fell by 46 percent from the 2008 February level.
The local numbers now seem to be diverging from national trends.
The National Association of Realtors this morning reported a 5.1 percent increase in the number of existing homes sold.
It was the largest jump since July 2003.
By CHRIS CHURCHILL, Business writer, Albany, New York Times Union
Last updated: 11:30 a.m., Monday, March 23, 2009
The Capital Region showed sharp declines in both the number of homes sold and median sale prices in February, according to numbers released this morning by the Greater Capital Association of Realtors Inc.
The median sale price for single-family homes in the 11-county area covered by the trade group fell 5 percent to $176,000 when compared to February 2008.
And the number of closed sales fell 21 percent.
For existing homes only -- meaning no newly constructed homes included -- the median sale price was down 4 percent to $163,000, while the number of closed sales fell by 17 percent.
"2009 is not off to a strong start based upon the number of closed transactions," Sandra Nardoci, president of GCAR, said in a written statement this morning.
Some parts of the region saw particularly sharp declines.
Rensselaer County, for example, saw a 12 percent decline in the median price, to $158,500, while the number of closed sales fell by 46 percent from the 2008 February level.
The local numbers now seem to be diverging from national trends.
The National Association of Realtors this morning reported a 5.1 percent increase in the number of existing homes sold.
It was the largest jump since July 2003.
"NY state senator indicted on assault charges"
By COLLEEN LONG, Associated Press
Last updated: 6:35 p.m., Monday, March 23, 2009
NEW YORK -- A state senator who was recently sworn in to office despite allegations he slashed his girlfriend's face with a piece of broken glass in a jealous rage has been indicted on domestic assault charges, prosecutors said Monday.
A grand jury in Queens indicted Hiram Monserrate on three counts of second-degree felony assault and three counts of third-degree misdemeanor assault.
He faces seven years in prison on the most serious of the charges.
Monserrate, a freshman Democrat in Albany on Monday for a legislative session, released a statement saying he did not commit a crime.
"I've said all along this was an accident."
"The district attorney's politically motivated decision to pursue this case doesn't change the fact that this was an accident," he said.
His attorneys will seek an independent prosecutor because they believe Queens District Attorney Richard A. Brown is biased.
After a closed-door meeting with fellow Democrats in Albany Monday, Senate Majority Leader Malcolm Smith said Monserrate asked to temporarily step down as chairman of the Consumer Affairs Committee.
Smith had already withheld Monserrate's $12,500 stipend until the criminal case concluded.
Monserrate will retain all his other duties and collect his $79,500 base pay plus daily stipends when he's in Albany of about $150 a day.
u]The 41-year-old former police officer was arrested after Karla Giraldo's face was slashed on Dec. 19 at his New York City home[/u].
The gash over her eye required 25 stitches.
Both said the incident was an accident.
Monserrate told police that he tripped while holding a glass of water and that the glass accidentally hit her.
But authorities say evidence, including surveillance videos, painted a more violent picture of a heated argument and a frightened, bleeding woman in distress.
Investigators say Monserrate smashed her face with broken glass because he thought she was also dating a police officer.
According to the police report, Giraldo, 29, initially said she was assaulted, then changed her account after learning officers planned to arrest him.
She later filed a statement with police saying she did not wish to press charges.
Meanwhile, Monserrate was sworn in to office in January, part of an influx of new lawmakers who helped Democrats gain control of the Senate for the first time in four decades.
Some lawmakers and women's groups criticized the decision to seat the Democrat, saying he should not be sworn in until the criminal case was resolved.
------
Associated Press Writer Michael Gormley in Albany contributed to this report.
By COLLEEN LONG, Associated Press
Last updated: 6:35 p.m., Monday, March 23, 2009
NEW YORK -- A state senator who was recently sworn in to office despite allegations he slashed his girlfriend's face with a piece of broken glass in a jealous rage has been indicted on domestic assault charges, prosecutors said Monday.
A grand jury in Queens indicted Hiram Monserrate on three counts of second-degree felony assault and three counts of third-degree misdemeanor assault.
He faces seven years in prison on the most serious of the charges.
Monserrate, a freshman Democrat in Albany on Monday for a legislative session, released a statement saying he did not commit a crime.
"I've said all along this was an accident."
"The district attorney's politically motivated decision to pursue this case doesn't change the fact that this was an accident," he said.
His attorneys will seek an independent prosecutor because they believe Queens District Attorney Richard A. Brown is biased.
After a closed-door meeting with fellow Democrats in Albany Monday, Senate Majority Leader Malcolm Smith said Monserrate asked to temporarily step down as chairman of the Consumer Affairs Committee.
Smith had already withheld Monserrate's $12,500 stipend until the criminal case concluded.
Monserrate will retain all his other duties and collect his $79,500 base pay plus daily stipends when he's in Albany of about $150 a day.
u]The 41-year-old former police officer was arrested after Karla Giraldo's face was slashed on Dec. 19 at his New York City home[/u].
The gash over her eye required 25 stitches.
Both said the incident was an accident.
Monserrate told police that he tripped while holding a glass of water and that the glass accidentally hit her.
But authorities say evidence, including surveillance videos, painted a more violent picture of a heated argument and a frightened, bleeding woman in distress.
Investigators say Monserrate smashed her face with broken glass because he thought she was also dating a police officer.
According to the police report, Giraldo, 29, initially said she was assaulted, then changed her account after learning officers planned to arrest him.
She later filed a statement with police saying she did not wish to press charges.
Meanwhile, Monserrate was sworn in to office in January, part of an influx of new lawmakers who helped Democrats gain control of the Senate for the first time in four decades.
Some lawmakers and women's groups criticized the decision to seat the Democrat, saying he should not be sworn in until the criminal case was resolved.
------
Associated Press Writer Michael Gormley in Albany contributed to this report.
"Exclusive: IG slams former tax chief in job scandal - Tailored job for retired telecommuter"
By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union
Last updated: 11:34 a.m., Tuesday, March 24, 2009
ALBANY - A former state tax commissioner who was exposed last year for setting herself up in a state job telecommuting from her retirement home in South Carolina violated state law by setting herself and nine other attorneys up in tenured jobs, a state Inspector General's report found.
The report made public today by Inspector General Joseph Fisch concludes that Barbara Billet and others abused the state civil service system by ''tailoring civil service exams to fit favored applicants for tenured positions.''
Last June, the Times Union reported that Billet had been rehired to a part-time tax attorney's job from her home out of state.
She was also working under an assumed name so that she would not draw attention.
Billet, 58, who retired from state service a month after the Times Union's article was published, was listed in a state directory as "Barbara Clarkstone."
The name "Clarkstone" is apparently drawn from a combination of Billet's grandmothers' maiden names.
Billet told the newspaper she did not create the assumed name to hide her employment status.
Rather, she said it was intended as a way to allow her to return to a senior attorney's post without undermining the agency's new commissioner, Robert L. Megna.
Billet retired as commissioner in January 2007 and flatly denied that politics played a role in her rehiring, which took effect March 6.
"If I thought there was anything wrong with this arrangement, I never would have done it," she said last year.
"I thought it was straight up the middle."
The Inspector General's report caps a 10-month investigation into a series of controversial appointments at the tax agency in 2006.
A copy of the report is being forwarded to the Attorney General's office, officials said.
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union
Last updated: 11:34 a.m., Tuesday, March 24, 2009
ALBANY - A former state tax commissioner who was exposed last year for setting herself up in a state job telecommuting from her retirement home in South Carolina violated state law by setting herself and nine other attorneys up in tenured jobs, a state Inspector General's report found.
The report made public today by Inspector General Joseph Fisch concludes that Barbara Billet and others abused the state civil service system by ''tailoring civil service exams to fit favored applicants for tenured positions.''
Last June, the Times Union reported that Billet had been rehired to a part-time tax attorney's job from her home out of state.
She was also working under an assumed name so that she would not draw attention.
Billet, 58, who retired from state service a month after the Times Union's article was published, was listed in a state directory as "Barbara Clarkstone."
The name "Clarkstone" is apparently drawn from a combination of Billet's grandmothers' maiden names.
Billet told the newspaper she did not create the assumed name to hide her employment status.
Rather, she said it was intended as a way to allow her to return to a senior attorney's post without undermining the agency's new commissioner, Robert L. Megna.
Billet retired as commissioner in January 2007 and flatly denied that politics played a role in her rehiring, which took effect March 6.
"If I thought there was anything wrong with this arrangement, I never would have done it," she said last year.
"I thought it was straight up the middle."
The Inspector General's report caps a 10-month investigation into a series of controversial appointments at the tax agency in 2006.
A copy of the report is being forwarded to the Attorney General's office, officials said.
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
"State planning layoffs: 8,900 jobs to be trimmed from payroll - Letter cites failure to secure givebacks from unions"
By RICK KARLIN, Capitol bureau, Albany, New York Times Union
Last updated: 4:56 p.m., Tuesday, March 24, 2009
ALBANY Citing a $16.2 billion budget deficit that appears to be growing larger by the day, Gov. David Paterson this afternoon said his administration will eliminate 8,900 jobs, starting this summer.
"This is not a decision that has been reached lightly," said a letter that went out minutes ago from Paterson's state operations director Dennis Whalen.
"However, given the fact that savings through labor concessions were not achieved, Governor Paterson was forced to make this difficult decision for the good of the entire state."
Budget Division spokesman Jeffrey Gordon said the job cuts will probably start in July and they apply to "full-time equivalents," which means some of the target might be reached by attrition.
In his message to agency heads, Whalen said they will be providing updates and bulletins over the next few weeks.
Still unknown was where most of the cuts may fall, by geography and by agency.
By RICK KARLIN, Capitol bureau, Albany, New York Times Union
Last updated: 4:56 p.m., Tuesday, March 24, 2009
ALBANY Citing a $16.2 billion budget deficit that appears to be growing larger by the day, Gov. David Paterson this afternoon said his administration will eliminate 8,900 jobs, starting this summer.
"This is not a decision that has been reached lightly," said a letter that went out minutes ago from Paterson's state operations director Dennis Whalen.
"However, given the fact that savings through labor concessions were not achieved, Governor Paterson was forced to make this difficult decision for the good of the entire state."
Budget Division spokesman Jeffrey Gordon said the job cuts will probably start in July and they apply to "full-time equivalents," which means some of the target might be reached by attrition.
In his message to agency heads, Whalen said they will be providing updates and bulletins over the next few weeks.
Still unknown was where most of the cuts may fall, by geography and by agency.
"Litmus test in GPS cop case - Appeals court to weigh whether police use of devices violates privacy"
By ROBERT GAVIN, Staff writer, Albany, New York Times Union
First published in print: Tuesday, March 24, 2009
ALBANY Four days before Christmas in 2005, state police placed a battery-operated GPS device known as a "Q-ball" on the car of a suspected burglar.
The gadget a homing device right out of James Bond lore led to his arrest and conviction by jury.
Three years and three months later, the state's highest court will hear arguments today on whether police were empowered to put the tracking device on his van without obtaining a warrant.
The potentially precedent-setting case before the Court of Appeals pits concerns of privacy against the ability of law enforcement to use its latest technology against suspected criminals.
The man's attorney is calling the police use of GPS an intrusive and possibly Orwellian tactic that violates the U. S. Constitution's safeguards against unreasonable search and seizure.
And he wants the Court of Appeals to require law enforcement obtain a search warrant before using GPS tracking.
"It does permit 'Big Brother' type of surveillance by police," said Trey Smith, a Troy attorney representing defendant Scott Weaver.
"If you care about human liberty, if you care about whether you are really a free person in this country, then you're gonna care about the outcome of this case."
An appellate attorney for Albany County District Attorney David Soares called the GPS tracking no different than police officers following suspects from behind in their vehicles.
Special Counsel Christopher Horn noted multiple federal appeals courts have previously upheld the use as constitutional.
He said the case in question did not fit the definition of a "search."
"You don't have any privacy interests in where your car is traveling on public roads," he said.
"You don't have a privacy right in those things that you do in public."
Weaver, of Watervliet, came under GPS tracking starting Dec.. 21, 2005.
Such devices retrieve suspects positions by satellite, store the information and send the data to a receiver, in this case held by an investigator, court papers said.
When Weaver and another man were arrested in February 2006, he was charged not only in the K-Mart break-in on Dec.. 24, 2005, but the burglary of the Latham Meat Market the prior July.
Weaver was acquitted of the market break-in, but convicted of third-degree burglary and attempted grand larceny in the K-Mart incident.
Weaver was sentenced to 21/3 to 7 years in prison by acting Supreme Court Justice Dan Lamont.
Weaver appealed, arguing Judge Thomas Breslin, who first handled the case, should have excluded the GPS data as evidence.
By placing the GPS on his bumper, Weaver argued, police deprived him of his constitutional rights.
In a 4-1 ruling last June, the Appellate Division disagreed and upheld his conviction.
The panel found it constitutional to place GPS devices on vehicles so long as the devices remain in public view.
"The use of a GPS device is the newest technological advancement that makes surveillance of a suspect easier, less costly, less exacting, and safer," Horn stated in his brief to the Court of Appeals.
The Fourth Amendment of the U.S. Constitution protects against wrongful searches.
Horn argued Weaver's arrest did not violate that standard.
Smith disagreed Monday, telling the Times Union, "When you're talking about the land of the free and the brave I do not think that encompasses the police slapping a GPS device on your car and monitoring your every movement outside your home."
Oral arguments are expected at 2 p.m. at the Court of Appeals.
Weaver is free on bail as he appeals.
Robert Gavin can be reached at 434-2403 or by e-mail at rgavin@timesunion.com.
By ROBERT GAVIN, Staff writer, Albany, New York Times Union
First published in print: Tuesday, March 24, 2009
ALBANY Four days before Christmas in 2005, state police placed a battery-operated GPS device known as a "Q-ball" on the car of a suspected burglar.
The gadget a homing device right out of James Bond lore led to his arrest and conviction by jury.
Three years and three months later, the state's highest court will hear arguments today on whether police were empowered to put the tracking device on his van without obtaining a warrant.
The potentially precedent-setting case before the Court of Appeals pits concerns of privacy against the ability of law enforcement to use its latest technology against suspected criminals.
The man's attorney is calling the police use of GPS an intrusive and possibly Orwellian tactic that violates the U. S. Constitution's safeguards against unreasonable search and seizure.
And he wants the Court of Appeals to require law enforcement obtain a search warrant before using GPS tracking.
"It does permit 'Big Brother' type of surveillance by police," said Trey Smith, a Troy attorney representing defendant Scott Weaver.
"If you care about human liberty, if you care about whether you are really a free person in this country, then you're gonna care about the outcome of this case."
An appellate attorney for Albany County District Attorney David Soares called the GPS tracking no different than police officers following suspects from behind in their vehicles.
Special Counsel Christopher Horn noted multiple federal appeals courts have previously upheld the use as constitutional.
He said the case in question did not fit the definition of a "search."
"You don't have any privacy interests in where your car is traveling on public roads," he said.
"You don't have a privacy right in those things that you do in public."
Weaver, of Watervliet, came under GPS tracking starting Dec.. 21, 2005.
Such devices retrieve suspects positions by satellite, store the information and send the data to a receiver, in this case held by an investigator, court papers said.
When Weaver and another man were arrested in February 2006, he was charged not only in the K-Mart break-in on Dec.. 24, 2005, but the burglary of the Latham Meat Market the prior July.
Weaver was acquitted of the market break-in, but convicted of third-degree burglary and attempted grand larceny in the K-Mart incident.
Weaver was sentenced to 21/3 to 7 years in prison by acting Supreme Court Justice Dan Lamont.
Weaver appealed, arguing Judge Thomas Breslin, who first handled the case, should have excluded the GPS data as evidence.
By placing the GPS on his bumper, Weaver argued, police deprived him of his constitutional rights.
In a 4-1 ruling last June, the Appellate Division disagreed and upheld his conviction.
The panel found it constitutional to place GPS devices on vehicles so long as the devices remain in public view.
"The use of a GPS device is the newest technological advancement that makes surveillance of a suspect easier, less costly, less exacting, and safer," Horn stated in his brief to the Court of Appeals.
The Fourth Amendment of the U.S. Constitution protects against wrongful searches.
Horn argued Weaver's arrest did not violate that standard.
Smith disagreed Monday, telling the Times Union, "When you're talking about the land of the free and the brave I do not think that encompasses the police slapping a GPS device on your car and monitoring your every movement outside your home."
Oral arguments are expected at 2 p.m. at the Court of Appeals.
Weaver is free on bail as he appeals.
Robert Gavin can be reached at 434-2403 or by e-mail at rgavin@timesunion.com.
"State leaders: Deficit has grown by $2.2 billion - Declining tax revenues, loss of VLT payout cited"
By IRENE JAY LIU, Capitol bureau, Albany, New York Times Union
Last updated: 4:37 p.m., Tuesday, March 24, 2009
Democratic state leaders now project the state's budget deficit for the 2009-2010 fiscal year has grown by $2.2 billion.
That puts the total estimated deficit at $16.2 billion.
In a joint statement released Tuesday morning, Gov. David Paterson, Majority Leader Malcolm Smith and Assembly Speaker Sheldon Silver attributed the drop to plunging tax revenues and the loss of an expected $370 million payment from Delaware North, the company that had secured the contract to build a VLT facility at Aqueduct in Queens.
Two weeks ago, Delaware North announced that it had failed to secure financing for the project.
The news comes as state leaders enter the final week of negotiation on the state budget behind closed doors.
Democratic state leaders said they are commited to addressing the additional shortfall in this budget.
"I will continue to fight every day to enact a fair and responsible on-time budget that makes the difficult choices needed to confront our new fiscal reality," Paterson said in the statement.
"I will take whatever actions are necessary to get our fiscal house in order and eliminate this deficit."
"These numbers emphasize the troubling fiscal outlook for New York and should serve as a stark reminder of the economic challenges that lay ahead as we strive to change the structure of our State's budget," said Smith.
"Unfortunately, economic conditions are still declining," said Silver.
" ... The Assembly will continue to work diligently with Governor Paterson and the Senate to develop a fiscal plan for the coming year that does not ask just one segment of New Yorkers to shoulder the burden."
The leaders said the newly projected loss in revenues are related to worsening turmoil within the financial sector and broader economy.
In New York, new unemployment claims have reached 39,000 per week in March 2009, an increase of more than 20,000 compared to one year ago.
New York's unemployment rate has increased from 4.4 percent in January 2007 to 7 percent in January 2009, and is expected to reach 8.4 percent by 2010.
After the February passage of the 2008-09 Deficit Reduction Plan, the projected budget gap totaled $13 billion.
Since that time, projected revenues have declined by an additional $3.2 billion.
The significant declines in tax revenue accounting for $1.8 billion of the new $2.2. billion drop are anticipated in personal income taxes as well as sales taxes due to declining consumption, and business taxes due to reduced economic activity and profitability.
The legislature's Republican leaders, Assembly Minority Leader Jim Tedisco and Senate Minority Leader Dean Skelos, held a press conference in the afternoon to lambaste the Democratic leaders' decision to negotiate the budget without minority involvement.
Skelos and his members threatened to withhold quorum for a budget vote if Democratic leaders try to push their budget bills through with messages of necessity a move that would sidestep the usual process of requiring the bill to age for three days before a vote in the legislature.
The state constitution requires that three-fifths of the Senate must be in attendance for passage of a budget bill.
"How many of you are from the Sixties?" Skelos asked the assembled press corps at one point.
"All we are saying is give openness a chance."
By IRENE JAY LIU, Capitol bureau, Albany, New York Times Union
Last updated: 4:37 p.m., Tuesday, March 24, 2009
Democratic state leaders now project the state's budget deficit for the 2009-2010 fiscal year has grown by $2.2 billion.
That puts the total estimated deficit at $16.2 billion.
In a joint statement released Tuesday morning, Gov. David Paterson, Majority Leader Malcolm Smith and Assembly Speaker Sheldon Silver attributed the drop to plunging tax revenues and the loss of an expected $370 million payment from Delaware North, the company that had secured the contract to build a VLT facility at Aqueduct in Queens.
Two weeks ago, Delaware North announced that it had failed to secure financing for the project.
The news comes as state leaders enter the final week of negotiation on the state budget behind closed doors.
Democratic state leaders said they are commited to addressing the additional shortfall in this budget.
"I will continue to fight every day to enact a fair and responsible on-time budget that makes the difficult choices needed to confront our new fiscal reality," Paterson said in the statement.
"I will take whatever actions are necessary to get our fiscal house in order and eliminate this deficit."
"These numbers emphasize the troubling fiscal outlook for New York and should serve as a stark reminder of the economic challenges that lay ahead as we strive to change the structure of our State's budget," said Smith.
"Unfortunately, economic conditions are still declining," said Silver.
" ... The Assembly will continue to work diligently with Governor Paterson and the Senate to develop a fiscal plan for the coming year that does not ask just one segment of New Yorkers to shoulder the burden."
The leaders said the newly projected loss in revenues are related to worsening turmoil within the financial sector and broader economy.
In New York, new unemployment claims have reached 39,000 per week in March 2009, an increase of more than 20,000 compared to one year ago.
New York's unemployment rate has increased from 4.4 percent in January 2007 to 7 percent in January 2009, and is expected to reach 8.4 percent by 2010.
After the February passage of the 2008-09 Deficit Reduction Plan, the projected budget gap totaled $13 billion.
Since that time, projected revenues have declined by an additional $3.2 billion.
The significant declines in tax revenue accounting for $1.8 billion of the new $2.2. billion drop are anticipated in personal income taxes as well as sales taxes due to declining consumption, and business taxes due to reduced economic activity and profitability.
The legislature's Republican leaders, Assembly Minority Leader Jim Tedisco and Senate Minority Leader Dean Skelos, held a press conference in the afternoon to lambaste the Democratic leaders' decision to negotiate the budget without minority involvement.
Skelos and his members threatened to withhold quorum for a budget vote if Democratic leaders try to push their budget bills through with messages of necessity a move that would sidestep the usual process of requiring the bill to age for three days before a vote in the legislature.
The state constitution requires that three-fifths of the Senate must be in attendance for passage of a budget bill.
"How many of you are from the Sixties?" Skelos asked the assembled press corps at one point.
"All we are saying is give openness a chance."
QUOTE(Livyjr @ Jan 20 2007, 05:04 PM)
"Feeding off taxpayers no crime, lawyer says - Cronyism, big spending called usual government practice at Strevell trial"
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published: Thursday, January 18, 2007
ALBANY -- A defense lawyer for the Rensselaer County entrepreneur whose organization got more than $1 million in member item grants directed by Sen. Joseph L. Bruno is arguing in federal court that dishonesty isn't necessarily a federal offense.
William P. Fanciullo, lawyer for J. Felix Strevell, the former director of the now-defunct Institute for Entrepreneurship, also said that Strevell's actions, including putting relatives on the state payroll, were normal practices in government.
Fanciullo asserted that the U.S. attorney's case against Strevell is full of allegations that should not be classified as federal crimes.
Strevell is charged with nine counts of mail fraud and six counts of wire fraud.
The case before U.S. District Court Justice Gary L. Sharpe centers on Strevell's lavish spending on himself and on parties that honored lawmakers who helped him get public money.
Among its funding sources, the institute received two $500,000 discretionary grants, known as member items, through Bruno in 1999 and 2001.
Strevell allegedly misused some of the $8 million in mostly taxpayer funds raised by the institute during his reign from 1998 to 2001, when he and his brother, Chauncey, the former chief operating officer, abruptly quit.
While at the institute, Strevell hired friends, relatives of powerful Republicans, his daughter and his daughter's boyfriend.
He also used institute funds to purchase clothing and trips for himself and family members.
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published: Thursday, January 18, 2007
ALBANY -- A defense lawyer for the Rensselaer County entrepreneur whose organization got more than $1 million in member item grants directed by Sen. Joseph L. Bruno is arguing in federal court that dishonesty isn't necessarily a federal offense.
William P. Fanciullo, lawyer for J. Felix Strevell, the former director of the now-defunct Institute for Entrepreneurship, also said that Strevell's actions, including putting relatives on the state payroll, were normal practices in government.
Fanciullo asserted that the U.S. attorney's case against Strevell is full of allegations that should not be classified as federal crimes.
Strevell is charged with nine counts of mail fraud and six counts of wire fraud.
The case before U.S. District Court Justice Gary L. Sharpe centers on Strevell's lavish spending on himself and on parties that honored lawmakers who helped him get public money.
Among its funding sources, the institute received two $500,000 discretionary grants, known as member items, through Bruno in 1999 and 2001.
Strevell allegedly misused some of the $8 million in mostly taxpayer funds raised by the institute during his reign from 1998 to 2001, when he and his brother, Chauncey, the former chief operating officer, abruptly quit.
While at the institute, Strevell hired friends, relatives of powerful Republicans, his daughter and his daughter's boyfriend.
He also used institute funds to purchase clothing and trips for himself and family members.
IF YOU ARE A PUBLIC OFFICIAL IN NEW YORK STATE WHO GETS CAUGHT WITH HIS HAND IN THE PUBLIC'S TILL, UNDER THIS "SOFT-ON-PUBLIC-CORRUPTION" BUSH APPOINTEE ON THE FEDERAL BENCH IN ALBANY, NEW YORK, YOU CAN EXPECT LENIENCY ....
And so ...
"EXCLUSIVE: Strevell gets no jail for stealing public's money - Judge: 'This is what happens when you get caught with your hands in the public's till'"
By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union
Last updated: 1:18 p.m., Thursday, March 26, 2009
ALBANY - J. Felix Strevell, who was convicted of stealing more than $110,000 from state taxpayers during his scandal-plagued tenure as head of the former Institute for Entrepreneurship, was sentenced to five years probation this morning in U.S. District Court.
Federal prosecutors had asked U.S. District Court Judge Gary L. Sharpe to sentence Strevell to at least a year in prison for his crimes, which took place over a two-year period beginning in July 1999.
Prosecutors said a year in prison is what Strevell deserved under federal sentencing guidelines, which are advisory and took into account Strevell's cooperation with the FBI and Internal Revenue Service during six meetings in 2007.
The guidelines called for a sentence of between 12 and 18 months in prison.
''I don't condone theft in general ... but it is a very serious theft when you steal from public coffers,'' Sharpe told Strevell from the bench.
''It's no different than if you broke into your neighbors' homes and stole $113,000 of their money.''
Still, the judge talked at length about what would be a ''reasonable sentence'' that would ''say to other public officials ... that this is what happens when you get caught with your hands in the public's till.''
Assistant U.S. Attorney Elizabeth Coombe declined to comment as she left court.
Strevell also declined comment as he left the courthouse and hurried away from a reporter.
He was greeted by an unidentified woman outside.
His attorney, William Fanciullo, said:
''We're always happy to have such a detailed explanation of a judicial decision."
"Judge Sharpe's description was excellent and we appreciate that.''
The investigation found that Strevell used the institute's credit card to pay $7,500 in personal expenses, including clothing, home supplies and a family vacation at Disney World; fraudulently gave himself a $95,000 salary increase on top of his $124,000-a-year salary, which already was supplemented by automobile and housing allowances; improperly had the institute pay $9,000 for his father, a Florida resident, to take two trips to China as part of a "delegation" to foster business for New York; and sold his used recreational vehicle to the institute for $64,000 without disclosing his interest in the transaction to the institute's board of directors.
Strevell also gave jobs to his friends, the relatives of powerful Republicans, and his then-14-year-old daughter and her boyfriend "at higher-than-usual salaries for which they performed little or no work," court records show.
The Institute for Entrepreneurship, which had strong support from top officials including then-Gov. George Pataki and former Senate Majority Leader Joseph L. Bruno, dissolved in the wake of the scandal.
Strevell currently runs a small automotive repair shop in Rensselaer with his brother Chauncey, who also had worked for the institute.
Strevell had strong ties to former state GOP Party Chairman William Powers, who had gone to Strevell for haircuts more than two decades ago when Strevell was a Rensselaer County barber.
Fanciullo wrote in a sentencing memorandum, which was unsealed last week on a motion by the Times Union, that Strevell turned his back on his politically connected friends after pleading guilty two years ago to a single count of honest services wire fraud.
He agreed to cooperate with the government as part of the plea deal.
Strevell was indicted on federal charges in 2005 related to his work for the Institute for Entrepreneurship, Inc., a quasi-public outfit developed by the State University of New York to support small business efforts in the state.
He admitted using his position as executive director to enrich himself and his relatives at the expense of state taxpayers, effectively depriving the public of its inherent right to his honest services.
Fanciullo requested no prison time for Strevell, arguing, among other things, that Strevell's cooperation with federal agents and prosecutors was extensive and should be rewarded with a lenient sentence.
The government characterized Strevell's information as not very useful, in part, because he provided it some six years after leaving his government job.
FBI agents in Albany have remarked privately in recent years that defendants in white-collar crime and public corruption cases routinely receive what they perceive as lenient sentences from judges in New York's Northern District.
Strevell, 47, of Castleton-on-Hudson, made a brief statement to the court and told Sharpe that he was ''sorry.''
''I made a bad judgment ... and I'll live with that the rest of my life,'' Strevell said.
He removed his eyeglasses and wiped his eyes several minutes later as Sharpe indicated he would not be sending Strevell to prison.
The sentence also includes a provision that Strevell must repay the state of New York $111,500.
Strevell must pay a minimum of $100 per month or 10 percent of his income, whichever is greater, Sharpe said.
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
"State of insecurity arrives - Paterson's bid for 8,900 job cuts shakes public sector"
By CHRIS CHURCHILL, Business writer, Albany, New York Times Union
First published in print: Thursday, March 26, 2009
ALBANY If state government jobs are the Capital Region's cushion, the seat suddenly looks much less comfortable.
State government is the leading economic driver here, with its salaries helping to support thousands of jobs in fields like retail and construction.
So Gov. David Paterson's proposed cut of 8,900 state jobs brings fears of a far deeper regional recession.
To be sure, nobody yet knows how or when the cuts would occur, or if they'll happen at all.
It's likewise unclear how many of the jobs would be in the Capital Region.
Yet for many business leaders, the possibility of so deep a reduction is still worrisome:
"The magnitude of the job cuts proposed requires us to sit up and take notice," said F. Michael Tucker, president of the Center for Economic Growth, an Albany-based regional development group.
Examples from other parts of the country experiencing state government reductions aren't encouraging.
California, for example, has avoided the drastic job cuts once threatened by Gov. Arnold Schwarzenegger, but the state has cut some workers and has initiated a one-day-a-week furlough program that hasn't helped the economy in its capital, Sacramento.
Steven Krohn, an economist and a real estate broker in Sacramento, said the furlough essentially is a state worker pay cut that has brought reduced consumer spending for the retail and construction industries, among others.
"The state work force is still the engine that drives the show here," Krohn said.
Sacramento's unemployment rate in February was staggering 10.4 percent, which the Sacramento Bee newspaper called "a level not seen in a generation."
Many of the job losses came in retail, though it is unclear how much the state government reductions contributed to the field's struggle.
Here in the Capital Region, a little more than 52,000 people work for state government, though some of those jobs are beyond Paterson's control.
State employment accounts for about 12 percent of the area's total work force.
For many, Paterson's proposal brings memories of the early 1990s, when Wall Street gyrations brought a budget deficit that ultimately resulted in state layoffs.
The result was a sharp spike in joblessness that took the Capital Region unemployment rate to 6.8 percent by early 1992.
Yet the region surpassed that number this year with January's rate of 7.1 percent and that was before even the threat of significant state government employment cuts.
Despite the recent rise in unemployment, business leaders and economists have been relatively optimistic about the Capital Region's ability to weather this recession at least compared to other parts of the state and country.
Part of that optimism stems from the plans by GlobalFoundries Inc. to build a $4.2 billion chip-fabrication plant in Malta.
And part had stemmed from Paterson's aversion to layoffs.
Whether Paterson intends to go through with the job cuts, or is instead using the threat as a way to force deeper concessions from state employee unions, was an open question Wednesday.
That made some observers wary of predicting the impacts of potential cuts.
"We don't have any details yet," said Michael Hurley, a business professor at The College of Saint Rose in Albany, before adding that there was no way the cuts could do the regional economy any good.
Some economists urge that governments not cut jobs during recession, for fear they'll intensify a downturn.
The Obama administration's stimulus package passed last month by Congress sent money to states to help them avoid such layoffs.
Tucker, at the Center for Economic Growth, said that if state government cuts can't be avoided, they should at least be staggered to give private industry time to absorb the newly unemployed.
He said: "If those cuts were to come all at once, it would certainly be a jolt."
Chris Churchill can be reached at 454-5442 or by e-mail at cchurchill@timesunion.com.
Work force profile
There are 52,200 state employees in the Capital Region, although not all are under the governor's control.
State employment accounts for 12% of the area's work force.
20% of all state workers are in the Albany area.
If the proposed 8,900 job cuts were proportionally distributed statewide, they would eliminate 1,800 Capital Region positions.
Source: State Department of Labor
By CHRIS CHURCHILL, Business writer, Albany, New York Times Union
First published in print: Thursday, March 26, 2009
ALBANY If state government jobs are the Capital Region's cushion, the seat suddenly looks much less comfortable.
State government is the leading economic driver here, with its salaries helping to support thousands of jobs in fields like retail and construction.
So Gov. David Paterson's proposed cut of 8,900 state jobs brings fears of a far deeper regional recession.
To be sure, nobody yet knows how or when the cuts would occur, or if they'll happen at all.
It's likewise unclear how many of the jobs would be in the Capital Region.
Yet for many business leaders, the possibility of so deep a reduction is still worrisome:
"The magnitude of the job cuts proposed requires us to sit up and take notice," said F. Michael Tucker, president of the Center for Economic Growth, an Albany-based regional development group.
Examples from other parts of the country experiencing state government reductions aren't encouraging.
California, for example, has avoided the drastic job cuts once threatened by Gov. Arnold Schwarzenegger, but the state has cut some workers and has initiated a one-day-a-week furlough program that hasn't helped the economy in its capital, Sacramento.
Steven Krohn, an economist and a real estate broker in Sacramento, said the furlough essentially is a state worker pay cut that has brought reduced consumer spending for the retail and construction industries, among others.
"The state work force is still the engine that drives the show here," Krohn said.
Sacramento's unemployment rate in February was staggering 10.4 percent, which the Sacramento Bee newspaper called "a level not seen in a generation."
Many of the job losses came in retail, though it is unclear how much the state government reductions contributed to the field's struggle.
Here in the Capital Region, a little more than 52,000 people work for state government, though some of those jobs are beyond Paterson's control.
State employment accounts for about 12 percent of the area's total work force.
For many, Paterson's proposal brings memories of the early 1990s, when Wall Street gyrations brought a budget deficit that ultimately resulted in state layoffs.
The result was a sharp spike in joblessness that took the Capital Region unemployment rate to 6.8 percent by early 1992.
Yet the region surpassed that number this year with January's rate of 7.1 percent and that was before even the threat of significant state government employment cuts.
Despite the recent rise in unemployment, business leaders and economists have been relatively optimistic about the Capital Region's ability to weather this recession at least compared to other parts of the state and country.
Part of that optimism stems from the plans by GlobalFoundries Inc. to build a $4.2 billion chip-fabrication plant in Malta.
And part had stemmed from Paterson's aversion to layoffs.
Whether Paterson intends to go through with the job cuts, or is instead using the threat as a way to force deeper concessions from state employee unions, was an open question Wednesday.
That made some observers wary of predicting the impacts of potential cuts.
"We don't have any details yet," said Michael Hurley, a business professor at The College of Saint Rose in Albany, before adding that there was no way the cuts could do the regional economy any good.
Some economists urge that governments not cut jobs during recession, for fear they'll intensify a downturn.
The Obama administration's stimulus package passed last month by Congress sent money to states to help them avoid such layoffs.
Tucker, at the Center for Economic Growth, said that if state government cuts can't be avoided, they should at least be staggered to give private industry time to absorb the newly unemployed.
He said: "If those cuts were to come all at once, it would certainly be a jolt."
Chris Churchill can be reached at 454-5442 or by e-mail at cchurchill@timesunion.com.
Work force profile
There are 52,200 state employees in the Capital Region, although not all are under the governor's control.
State employment accounts for 12% of the area's work force.
20% of all state workers are in the Albany area.
If the proposed 8,900 job cuts were proportionally distributed statewide, they would eliminate 1,800 Capital Region positions.
Source: State Department of Labor
THEY ARE GOING TO RAISE THE SALES TAX, WHICH WILL FURTHER DEPRESS SALES OF THINGS ....
AS THE INCREASED SALES TAX DRIVES PRICES EVER UPWARDS ...
And so ...
"Get ready to pay more - Sales, income tax hikes plus water bottle deposit part of state budget mix"
By JAMES M. ODATO AND RICK KARLIN, Capitol bureau, Albany, New York Times Union
First published in print: Saturday, March 28, 2009
ALBANY With new taxes, a big financial lift for the Metropolitan Transportation Authority and a Rockefeller drug law reform package included, the state's 2009-2010 budget will be printed this weekend, clearing the way for passage next week, legislative leaders said Friday.
The goal is to have the financial package passed at about the arrival of the new fiscal year Wednesday, Assembly Speaker Sheldon Silver and Senate Majority Leader Malcolm Smith said.
The plan is expected to bring a sales tax increase of .5 percentage points and a provision for local governments to match the rate.
The state would raise about $1 billion by increasing sales taxes to 4.5 percent from the current 4 percent.
Also included is an increase in personal income tax rates for relatively wealthy New Yorkers, who earn more than $300,000 per year.
Another revenue producer, estimated to bring in $100 million, is expansion of the state bottle recycling law to include water bottles, previously exempt from the nickel deposit.
The measure may also include raising to 3.5 cents from 2 cents, the "handling fee'' bottlers pay retailers who collect the recycled containers.
Lawmakers also have devised a sweetened education aid package for two Long Island Senate districts held by Democrats and possibly for a few upstate Democratic Senate districts.
In the past, Long Island Republicans have held up the budget until winning extra funds for public education in Nassau and Suffolk counties but both the Assembly and Senate, as well as governor's office, are under Democratic control this year.
A pot of money for member items is also being sewn into the spending plan so that grants to pet projects and organizations can continue.
The budget will be substantially bigger than the roughly $120 billion plan submitted by Gov. David Paterson, largely because of the income from federal stimulus dollars.
But the plan also doesn't use all the stimulus funds intended for health care as health care advocates would like.
"We had a very good negotiation," Silver said after emerging from Paterson's office with Smith.
He said the budget, and an alternative to the MTA's fare-increase plan is progressing.
"I'm very optimistic we can accomplish both in a relatively timely fashion," he said.
Smith said all ingredients of the budget have yet to be determined but that the package is coming together fast.
He said he doubts there will be cuts to education.
One political wild card centered on the extent to which Republicans might push to fully debate the series of bills that make up the state budget.
If there is little debate, Democrats could pass the spending package by the April 1 deadline.
But if the Republicans, who will likely vote against the budget, insist on lengthy debate, the process could run later in the week, denying Democrats bragging rights about a truly on-time budget.
James M. Odato can be reached at 454-5083 or jodato@timesunion.com. Rick Karlin can be reached at 454-5758 or rkarlin@timesunion.com.
AS THE INCREASED SALES TAX DRIVES PRICES EVER UPWARDS ...
And so ...
"Get ready to pay more - Sales, income tax hikes plus water bottle deposit part of state budget mix"
By JAMES M. ODATO AND RICK KARLIN, Capitol bureau, Albany, New York Times Union
First published in print: Saturday, March 28, 2009
ALBANY With new taxes, a big financial lift for the Metropolitan Transportation Authority and a Rockefeller drug law reform package included, the state's 2009-2010 budget will be printed this weekend, clearing the way for passage next week, legislative leaders said Friday.
The goal is to have the financial package passed at about the arrival of the new fiscal year Wednesday, Assembly Speaker Sheldon Silver and Senate Majority Leader Malcolm Smith said.
The plan is expected to bring a sales tax increase of .5 percentage points and a provision for local governments to match the rate.
The state would raise about $1 billion by increasing sales taxes to 4.5 percent from the current 4 percent.
Also included is an increase in personal income tax rates for relatively wealthy New Yorkers, who earn more than $300,000 per year.
Another revenue producer, estimated to bring in $100 million, is expansion of the state bottle recycling law to include water bottles, previously exempt from the nickel deposit.
The measure may also include raising to 3.5 cents from 2 cents, the "handling fee'' bottlers pay retailers who collect the recycled containers.
Lawmakers also have devised a sweetened education aid package for two Long Island Senate districts held by Democrats and possibly for a few upstate Democratic Senate districts.
In the past, Long Island Republicans have held up the budget until winning extra funds for public education in Nassau and Suffolk counties but both the Assembly and Senate, as well as governor's office, are under Democratic control this year.
A pot of money for member items is also being sewn into the spending plan so that grants to pet projects and organizations can continue.
The budget will be substantially bigger than the roughly $120 billion plan submitted by Gov. David Paterson, largely because of the income from federal stimulus dollars.
But the plan also doesn't use all the stimulus funds intended for health care as health care advocates would like.
"We had a very good negotiation," Silver said after emerging from Paterson's office with Smith.
He said the budget, and an alternative to the MTA's fare-increase plan is progressing.
"I'm very optimistic we can accomplish both in a relatively timely fashion," he said.
Smith said all ingredients of the budget have yet to be determined but that the package is coming together fast.
He said he doubts there will be cuts to education.
One political wild card centered on the extent to which Republicans might push to fully debate the series of bills that make up the state budget.
If there is little debate, Democrats could pass the spending package by the April 1 deadline.
But if the Republicans, who will likely vote against the budget, insist on lengthy debate, the process could run later in the week, denying Democrats bragging rights about a truly on-time budget.
James M. Odato can be reached at 454-5083 or jodato@timesunion.com. Rick Karlin can be reached at 454-5758 or rkarlin@timesunion.com.
"Would-be Edinburg judge admits $12,000 theft"
By PAUL NELSON, Staff writer, Albany, New York Times Union
Last updated: 2:31 p.m., Monday, March 30, 2009
SCHENECTADY Brian Kedik, who was elected Edinburgh town justice but never took office, admitted stealing $12,000 from his former mother-in-law who lives in Rotterdam, according to his attorney Stephen Signore.
The 33-year-old Kedik pleaded guilty this morning in Schenectady County court to fourth-degree larceny for taking the money from Jane DeMarco in 2004.
At the time, Kedik was married to DeMarco's daughter.
They are now divorced, Signore said.
As part of the plea deal that spared him from incarceration, Kedik agreed to pay back the money, which will happen by the end of the week, Signore said.
He will be sentenced May 7 by County Judge Richard Sise.
"It was too good a deal to pass up and risk going to trial," he added.
Kedik was indicted by a Schenectady County grand jury on third-degree grand larceny and second-degree forgery.
On the grand larceny felony alone, he could have faced 2 1/3 to 7 years in state prison, Signore said.
In November, Kedik decided not take the office of town justice in his Saratoga County town after being elected without opposition.
A week after Election Day, Kedik was charged with driving while intoxicated, driving with a suspended license and speeding.
The case is pending, Signore said.
Edinburg Supervisor Jean Raymond said this afternoon that the Town Board decided to leave the town justice post vacant and will consider whether to hold a new election or abolish the position.
By PAUL NELSON, Staff writer, Albany, New York Times Union
Last updated: 2:31 p.m., Monday, March 30, 2009
SCHENECTADY Brian Kedik, who was elected Edinburgh town justice but never took office, admitted stealing $12,000 from his former mother-in-law who lives in Rotterdam, according to his attorney Stephen Signore.
The 33-year-old Kedik pleaded guilty this morning in Schenectady County court to fourth-degree larceny for taking the money from Jane DeMarco in 2004.
At the time, Kedik was married to DeMarco's daughter.
They are now divorced, Signore said.
As part of the plea deal that spared him from incarceration, Kedik agreed to pay back the money, which will happen by the end of the week, Signore said.
He will be sentenced May 7 by County Judge Richard Sise.
"It was too good a deal to pass up and risk going to trial," he added.
Kedik was indicted by a Schenectady County grand jury on third-degree grand larceny and second-degree forgery.
On the grand larceny felony alone, he could have faced 2 1/3 to 7 years in state prison, Signore said.
In November, Kedik decided not take the office of town justice in his Saratoga County town after being elected without opposition.
A week after Election Day, Kedik was charged with driving while intoxicated, driving with a suspended license and speeding.
The case is pending, Signore said.
Edinburg Supervisor Jean Raymond said this afternoon that the Town Board decided to leave the town justice post vacant and will consider whether to hold a new election or abolish the position.
GOD SAVE US FROM THE democrats ...
And so ...
"Paterson, Legislature defend state budget"
By MICHAEL GORMLEY, Associated Press
Last updated: 7:06 p.m., Monday, March 30, 2009
ALBANY -- Gov. David Paterson and legislative leaders on Monday defended their $131.8 billion budget agreement and its 8.7 percent spending increase as a model of fiscal prudence.
"We made the tough choices," Paterson said at Monday's press conference following the most secretive budget process ever.
He said the long awaited fiscal reform of Albany has begun in the budget deal to be voted on this week.
"State spending was actually flat," Paterson said.
He noted that more than $6 billion of the spending increase is with federal economic stimulus funds, not state dollars.
"If the Legislature can maintain this type of fiscal discipline over the next few years, we can see the light at the end of the tunnel."
The praise of the budget by Paterson, Assembly Speaker Sheldon Silver and Senate Majority Leader Malcolm Smith conflicts with the view of private sector analysts.
They have said the billions of dollars in additional taxing and billions of dollars of restored funding to special interests has put New York on a dangerous path, threatening a recovery even when the recession ends.
The state Business Council said the "reckless" budget threw "fiscal responsibility out the window."
"It's 'The Twilight Zone,'" said Doug Muzzio, a professor of politics at Baruch College, saying there appears to be a distorted reality in the state Capitol.
He said the budget is using one-shot aid from the federal economic stimulus package to create unsustainable spending.
He also said the secretive budget process was a new low.
"They are treating this stimulus package as methadone, to get them past the shakes and sweats of this budget cycle," Muzio said.
"But methadone is addictive, and you're not going to get another stimulus package."
"It's extraordinarily shortsighted."
On Monday, the senior director of Fitch Ratings, a major bond rating company, gave some comfort to Albany leaders.
She said getting a budget agreement before the April 1 deadline is a positive, after late budgets in Albany for most of the last 20 years.
"We have been saying they acted in a timely way to a downturn, and this is kind of consistent with that," said Laura Porter, senior director of Fitch.
She said she will withhold judgment on the budget until she determines how federal stimulus money is used, if the spending is sustainable.
She also notes the budget deal doesn't include the structural changes to drive down spending that was included in Paterson's budget proposal in December.
"If choosing between the two, you'd want a sustainable budget over an on-time budget, but I don't think it's an 'either-or' situation, she said.
The budget includes restoration of some health and education cuts Paterson once argued were essential, and it overhauls the state income tax system so wealthier earners are taxed at a higher rate.
That change, and other taxes and fees, are expected to add up to $7 billion.
The budget also filled a $17.7 billion deficit that Paterson said Monday could deepen by as much as $4 billion, requiring him and legislators to recraft the budget midyear.
Paterson emphasized that the $10.5 billion increase in spending is comprised mostly of more than $6 billion of federal stimulus funds.
While the total budget deal, including federal funds, includes one of the biggest increases in spending ever and double the size of the 1997-98 budget, Paterson's budget division said state spending will increase just $642 million.
That would be 0.8 of 1 percent more than current state-only spending of almost $77 billion.
"The more they talk, the less it adds up," said E.J. McMahon, director of the fiscally conservative Empire Center for New York State Policy.
"And you need to think of the stimulus money there."
"It is temporary, extraordinary aid that is replacing state funds."
"... They are growing the spending base at a level that's not sustainable."
He said the painful cuts the leaders refer to are mostly decisions to reduce growth.
In a complete contradiction to Paterson's view, McMahon says every major area of the budget is getting more spending.
"Governor Paterson and the majority leaders have found a way to make doing business even more expensive," said Matt Crosson, president of the Long Island Association, a business group.
"It is a budget without logic, without common sense, and without a clear understanding of what is required to bring New York back from this recession."
How this will play to New Yorkers is unclear.
"He gets the budget on time, that's good, great," said Quinnipiac polling Director Maurice Carroll.
"But he gets a budget the size of the Empire State Building?"
"That's bad."
Part of confusion is the result of the unprecedented secrecy the Democrats used to craft the budget.
They dispensed with conference committees in which rank-and-file legislators debate policy positions and spending priorities in public.
The leaders found the committees unnecessary because they were all Democrats and had few differences.
"That's the problem when you do it in secret," said Blair Horner of the New York Public Interest Research Group.
"There's no way for the public to know how the numbers add up."
And so ...
"Paterson, Legislature defend state budget"
By MICHAEL GORMLEY, Associated Press
Last updated: 7:06 p.m., Monday, March 30, 2009
ALBANY -- Gov. David Paterson and legislative leaders on Monday defended their $131.8 billion budget agreement and its 8.7 percent spending increase as a model of fiscal prudence.
"We made the tough choices," Paterson said at Monday's press conference following the most secretive budget process ever.
He said the long awaited fiscal reform of Albany has begun in the budget deal to be voted on this week.
"State spending was actually flat," Paterson said.
He noted that more than $6 billion of the spending increase is with federal economic stimulus funds, not state dollars.
"If the Legislature can maintain this type of fiscal discipline over the next few years, we can see the light at the end of the tunnel."
The praise of the budget by Paterson, Assembly Speaker Sheldon Silver and Senate Majority Leader Malcolm Smith conflicts with the view of private sector analysts.
They have said the billions of dollars in additional taxing and billions of dollars of restored funding to special interests has put New York on a dangerous path, threatening a recovery even when the recession ends.
The state Business Council said the "reckless" budget threw "fiscal responsibility out the window."
"It's 'The Twilight Zone,'" said Doug Muzzio, a professor of politics at Baruch College, saying there appears to be a distorted reality in the state Capitol.
He said the budget is using one-shot aid from the federal economic stimulus package to create unsustainable spending.
He also said the secretive budget process was a new low.
"They are treating this stimulus package as methadone, to get them past the shakes and sweats of this budget cycle," Muzio said.
"But methadone is addictive, and you're not going to get another stimulus package."
"It's extraordinarily shortsighted."
On Monday, the senior director of Fitch Ratings, a major bond rating company, gave some comfort to Albany leaders.
She said getting a budget agreement before the April 1 deadline is a positive, after late budgets in Albany for most of the last 20 years.
"We have been saying they acted in a timely way to a downturn, and this is kind of consistent with that," said Laura Porter, senior director of Fitch.
She said she will withhold judgment on the budget until she determines how federal stimulus money is used, if the spending is sustainable.
She also notes the budget deal doesn't include the structural changes to drive down spending that was included in Paterson's budget proposal in December.
"If choosing between the two, you'd want a sustainable budget over an on-time budget, but I don't think it's an 'either-or' situation, she said.
The budget includes restoration of some health and education cuts Paterson once argued were essential, and it overhauls the state income tax system so wealthier earners are taxed at a higher rate.
That change, and other taxes and fees, are expected to add up to $7 billion.
The budget also filled a $17.7 billion deficit that Paterson said Monday could deepen by as much as $4 billion, requiring him and legislators to recraft the budget midyear.
Paterson emphasized that the $10.5 billion increase in spending is comprised mostly of more than $6 billion of federal stimulus funds.
While the total budget deal, including federal funds, includes one of the biggest increases in spending ever and double the size of the 1997-98 budget, Paterson's budget division said state spending will increase just $642 million.
That would be 0.8 of 1 percent more than current state-only spending of almost $77 billion.
"The more they talk, the less it adds up," said E.J. McMahon, director of the fiscally conservative Empire Center for New York State Policy.
"And you need to think of the stimulus money there."
"It is temporary, extraordinary aid that is replacing state funds."
"... They are growing the spending base at a level that's not sustainable."
He said the painful cuts the leaders refer to are mostly decisions to reduce growth.
In a complete contradiction to Paterson's view, McMahon says every major area of the budget is getting more spending.
"Governor Paterson and the majority leaders have found a way to make doing business even more expensive," said Matt Crosson, president of the Long Island Association, a business group.
"It is a budget without logic, without common sense, and without a clear understanding of what is required to bring New York back from this recession."
How this will play to New Yorkers is unclear.
"He gets the budget on time, that's good, great," said Quinnipiac polling Director Maurice Carroll.
"But he gets a budget the size of the Empire State Building?"
"That's bad."
Part of confusion is the result of the unprecedented secrecy the Democrats used to craft the budget.
They dispensed with conference committees in which rank-and-file legislators debate policy positions and spending priorities in public.
The leaders found the committees unnecessary because they were all Democrats and had few differences.
"That's the problem when you do it in secret," said Blair Horner of the New York Public Interest Research Group.
"There's no way for the public to know how the numbers add up."
"Consumer confidence slips slightly statewide"
By CHRIS CHURCHILL, Business writer, Albany, New York Times Union
Last updated: 11:27 a.m., Wednesday, April 1, 2009
The latest poll of consumer confidence from the Siena Research Institute in Loudonville finds that New Yorkers in March were slightly less willing to spend on big-ticket items.
New York's overall consumer confidence was 59.7 points, 2.4 points above the national level, as measured by the University of Michigan.
An index of 100 points is considered the average, or benchmark, level of confidence.
By CHRIS CHURCHILL, Business writer, Albany, New York Times Union
Last updated: 11:27 a.m., Wednesday, April 1, 2009
The latest poll of consumer confidence from the Siena Research Institute in Loudonville finds that New Yorkers in March were slightly less willing to spend on big-ticket items.
New York's overall consumer confidence was 59.7 points, 2.4 points above the national level, as measured by the University of Michigan.
An index of 100 points is considered the average, or benchmark, level of confidence.
WHY DO PUBLIC OFFICIALS ALWAYS HAVE TO LIE?
THEY ALWAYS LOOK SO FOOLISH WHEN THEY GET EXPOSED ....
And so ...
"Hero cop contests Tuffey's testimony - Officer severely shot on duty says chief misleads public about bull's-eyes"
By BRENDAN J. LYONS AND JORDAN CARLEO-EVANGELIST, Staff writers, Albany, New York Times Union
First published in print: Wednesday, April 1, 2009
ALBANY - A retired Albany detective has come forward to challenge the sworn testimony this week of police Chief James W. Tuffey, who told city lawmakers that coded windshield stickers issued by the police union some 20 years ago were not intended to be used by police to avoid parking fines.
Meanwhile, the current police union president, Christian Mesley, also said Tuesday that Tuffey has been "less than truthful" in this public statements about the decals and questioned how Tuffey could not have known about them when four of his senior commanders were union officers when they were handed out.
One of them, Mesley said, even kept a ledger for the decals.
Tuffey on Monday told city lawmakers that he was unaware thousands of so-called ''ghost tickets'' which carried no fines were being issued for years to private vehicles that carried red-and-blue windshield stickers.
It marked the chief's first public acknowledgement that he was president of the city police officers' union when similar, blue-and-yellow stickers were handed out.
He said the sticker was used to denote their ''membership'' and not as a way to avoid parking tickets.
Tuffey said that the use of the stickers as a signal to police and parking enforcement officers evolved as a practice after he left the force.
Tuffey was president of the union from 1980 to 1994, and retired from the department in 1995.
He returned as chief three years ago and said Monday that he first learned about the so-called ''bull's-eye'' sticker system when a reporter asked about it last November.
Stanley Nadoraski Jr., 40, who was forced into retirement six years ago from injuries sustained in an on-duty shooting, attended Monday night's hearing and said he believes Tuffey has misled lawmakers.
Tuffey's testimony was the chief's first acknowledgement that he knew about the earlier sticker system.
His statements came a week after a police commander, Aaron Flanger, testified he was given two stickers when he joined the force in 1992 and told by a supervisor they would help prevent parking tickets.
Mesley, who joined the force at the same time as Flanger, confirmed the commander's account, saying the understanding in 1992 was that the decals were to avoid parking fines when on-duty officers parked their personal cars around the downtown courthouses.
"My understanding when we got it was the same as the commander's," said Mesley, who has been union president since October of 2004.
"It was for use when you were on duty in the vicinity of the court house."
By the time he took over, Mesley said, there were only about 48 decals left, and they were distributed to new officers and officers who purchased new cars until they ran out in late 2006 or early 2007.
Mesley has declined to speak voluntarily under oath to the council but said Tuesday he would comply if subpoenaed.
Nadoraski said that both styles of stickers were known as ''bull's-eyes,'' not just the numbered blue-and-red stickers that replaced the older stickers sometime in the late 1990s.
Tuffey told the newspaper last November he was unaware of ''bull's-eyes,'' which he has said was a term used to identify the numbered stickers.
Before Monday he never publicly made a distinction between the older stickers issued when he was president and the new ones.
''When I saw that Aaron came forward I couldn't let him stick his neck out there ... because I know that all the officers who are currently working could not come forward because of fear of repercussions from the chief,'' Nadoraski said.
''I just knew from day one that the chief was lying.''
Nadoraski added:
''No one ever said: 'Hey, put this on your car so people know you're in the union.'"
"... They were clearly identified as stickers to be used when you're going to court.''
Mesley leveled a similar criticism.
"If you're the boss of the organization, how can you with a good conscience expect your people to sit in front of that type of forum and take a hit for you when you know exactly what's going on?" Mesley said.
Mesley said two current deputy chiefs, an assistant chief and a commander were all union officers in the mid-to-late 1990s when the second generation of decals were distributed, with one of them keeping track of the serial numbers and who got them.
Three of them were present at a November 1998 union meeting where ordering new bull's-eye stickers was discussed, Mesley said.
"If he was communicating with his command staff, he'd know that there was a second generation of bull's eyes," Mesley said.
Over the years, the stickers became widely distributed and abuses set in.
Several officers interviewed by the Times Union admitted giving stickers to their wives, friends, relatives and others.
In the late 1990s the union sought to rein in the secretive system, which was not officially sanctioned by the city, and they printed up a new style with numbers.
Nadoraski said Tuffey, as a powerful union president in 1992, was effectively ''running the police department, not (then-Chief) John Dale.''
''Jimmy Tuffey was involved in the day-to-day workings of the police department,'' Nadoraski said.
''In my opinion there's no way he could not have known what was going on.''
Tuffey declined to respond to Nadoraski's comments.
''I'm not getting into that."
"I testified last night and I'm leaving that behind,'' he said.
Nadoraski said that in the early 1990s officers attending court proceedings, and whose vehicles carried the blue-and-yellow stickers, would receive no tickets or blank tickets if they were parked illegally.
''As a patrol officer, when I wrote a ticket it would just be blank,'' he said.
''All tickets were placed on vehicles upside down so no one could see what was written on them.''
In the late 1990s the union purchased newer stickers because the older-style decals were ''out of control,'' Nadoraski said.
''They started turning up on people's cars that were undesirables.''
Even the new stickers, which contained numbers that presumably were logged in a ledger by union officials, led to abuses.
The Times Union found multiple instances last year of vehicles not registered to current city police officers that were receiving ghost tickets for parking violations.
Nadoraski said he would testify before the Common Council if asked.
He survived a harrowing shooting on North Swan Street on Nov. 13, 1999.
Tracy Grady of Arbor Hill wrested a handgun away from Nadoraski's partner, Thomas Shea, and shot both officers as they tried to arrest him.
Grady fled, was captured and is serving a life sentence.
Nadoraski was shot through the face and the bullet shattered his jaw and the roots of two teeth before cutting across his throat and coming out the side of his neck.
The bullet traveled into his shoulder, splitting the bone in his upper arm.
As he lay motionless in the street, Grady walked back and stood over him, firing another shot into his midsection that missed his protective vest and nicked his liver.
Shea was shot in the shoulder.
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
THEY ALWAYS LOOK SO FOOLISH WHEN THEY GET EXPOSED ....
And so ...
"Hero cop contests Tuffey's testimony - Officer severely shot on duty says chief misleads public about bull's-eyes"
By BRENDAN J. LYONS AND JORDAN CARLEO-EVANGELIST, Staff writers, Albany, New York Times Union
First published in print: Wednesday, April 1, 2009
ALBANY - A retired Albany detective has come forward to challenge the sworn testimony this week of police Chief James W. Tuffey, who told city lawmakers that coded windshield stickers issued by the police union some 20 years ago were not intended to be used by police to avoid parking fines.
Meanwhile, the current police union president, Christian Mesley, also said Tuesday that Tuffey has been "less than truthful" in this public statements about the decals and questioned how Tuffey could not have known about them when four of his senior commanders were union officers when they were handed out.
One of them, Mesley said, even kept a ledger for the decals.
Tuffey on Monday told city lawmakers that he was unaware thousands of so-called ''ghost tickets'' which carried no fines were being issued for years to private vehicles that carried red-and-blue windshield stickers.
It marked the chief's first public acknowledgement that he was president of the city police officers' union when similar, blue-and-yellow stickers were handed out.
He said the sticker was used to denote their ''membership'' and not as a way to avoid parking tickets.
Tuffey said that the use of the stickers as a signal to police and parking enforcement officers evolved as a practice after he left the force.
Tuffey was president of the union from 1980 to 1994, and retired from the department in 1995.
He returned as chief three years ago and said Monday that he first learned about the so-called ''bull's-eye'' sticker system when a reporter asked about it last November.
Stanley Nadoraski Jr., 40, who was forced into retirement six years ago from injuries sustained in an on-duty shooting, attended Monday night's hearing and said he believes Tuffey has misled lawmakers.
Tuffey's testimony was the chief's first acknowledgement that he knew about the earlier sticker system.
His statements came a week after a police commander, Aaron Flanger, testified he was given two stickers when he joined the force in 1992 and told by a supervisor they would help prevent parking tickets.
Mesley, who joined the force at the same time as Flanger, confirmed the commander's account, saying the understanding in 1992 was that the decals were to avoid parking fines when on-duty officers parked their personal cars around the downtown courthouses.
"My understanding when we got it was the same as the commander's," said Mesley, who has been union president since October of 2004.
"It was for use when you were on duty in the vicinity of the court house."
By the time he took over, Mesley said, there were only about 48 decals left, and they were distributed to new officers and officers who purchased new cars until they ran out in late 2006 or early 2007.
Mesley has declined to speak voluntarily under oath to the council but said Tuesday he would comply if subpoenaed.
Nadoraski said that both styles of stickers were known as ''bull's-eyes,'' not just the numbered blue-and-red stickers that replaced the older stickers sometime in the late 1990s.
Tuffey told the newspaper last November he was unaware of ''bull's-eyes,'' which he has said was a term used to identify the numbered stickers.
Before Monday he never publicly made a distinction between the older stickers issued when he was president and the new ones.
''When I saw that Aaron came forward I couldn't let him stick his neck out there ... because I know that all the officers who are currently working could not come forward because of fear of repercussions from the chief,'' Nadoraski said.
''I just knew from day one that the chief was lying.''
Nadoraski added:
''No one ever said: 'Hey, put this on your car so people know you're in the union.'"
"... They were clearly identified as stickers to be used when you're going to court.''
Mesley leveled a similar criticism.
"If you're the boss of the organization, how can you with a good conscience expect your people to sit in front of that type of forum and take a hit for you when you know exactly what's going on?" Mesley said.
Mesley said two current deputy chiefs, an assistant chief and a commander were all union officers in the mid-to-late 1990s when the second generation of decals were distributed, with one of them keeping track of the serial numbers and who got them.
Three of them were present at a November 1998 union meeting where ordering new bull's-eye stickers was discussed, Mesley said.
"If he was communicating with his command staff, he'd know that there was a second generation of bull's eyes," Mesley said.
Over the years, the stickers became widely distributed and abuses set in.
Several officers interviewed by the Times Union admitted giving stickers to their wives, friends, relatives and others.
In the late 1990s the union sought to rein in the secretive system, which was not officially sanctioned by the city, and they printed up a new style with numbers.
Nadoraski said Tuffey, as a powerful union president in 1992, was effectively ''running the police department, not (then-Chief) John Dale.''
''Jimmy Tuffey was involved in the day-to-day workings of the police department,'' Nadoraski said.
''In my opinion there's no way he could not have known what was going on.''
Tuffey declined to respond to Nadoraski's comments.
''I'm not getting into that."
"I testified last night and I'm leaving that behind,'' he said.
Nadoraski said that in the early 1990s officers attending court proceedings, and whose vehicles carried the blue-and-yellow stickers, would receive no tickets or blank tickets if they were parked illegally.
''As a patrol officer, when I wrote a ticket it would just be blank,'' he said.
''All tickets were placed on vehicles upside down so no one could see what was written on them.''
In the late 1990s the union purchased newer stickers because the older-style decals were ''out of control,'' Nadoraski said.
''They started turning up on people's cars that were undesirables.''
Even the new stickers, which contained numbers that presumably were logged in a ledger by union officials, led to abuses.
The Times Union found multiple instances last year of vehicles not registered to current city police officers that were receiving ghost tickets for parking violations.
Nadoraski said he would testify before the Common Council if asked.
He survived a harrowing shooting on North Swan Street on Nov. 13, 1999.
Tracy Grady of Arbor Hill wrested a handgun away from Nadoraski's partner, Thomas Shea, and shot both officers as they tried to arrest him.
Grady fled, was captured and is serving a life sentence.
Nadoraski was shot through the face and the bullet shattered his jaw and the roots of two teeth before cutting across his throat and coming out the side of his neck.
The bullet traveled into his shoulder, splitting the bone in his upper arm.
As he lay motionless in the street, Grady walked back and stood over him, firing another shot into his midsection that missed his protective vest and nicked his liver.
Shea was shot in the shoulder.
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
"Bumps in road for budget - Republican resistance and senator's illness slow the progress of the $132 billion state spending plan"
By JAMES M. ODATO AND RICK KARLIN, Capitol bureau, Albany, New York Times Union
First published in print: Wednesday, April 1, 2009
ALBANY The Legislature began passing budget bills Tuesday, although Republicans showed their disdain by refusing to grant a single vote for the package in the Assembly and by disregarding the Democrats' timetable in the Senate.
In the Senate, controlled by Democrats for the first time in four decades, the push to pass the $132 billion agreement by today's new fiscal year ran into roadblocks both political and physical: After a morning session delayed by Republicans' failure to come to the floor, the afternoon agenda was thrown off when Sen. Ruth Hassell-Thompson, D-Westchester County, fell ill with what was later identified as walking pneumonia.
Hassell-Thompson required treatment at Albany Medical Center but returned to the Capitol by ambulance just after 7 p.m.
Without her vote or that of any of the other 31 members of the Democratic conference the Senate would be unable to pass the budget.
Hassell-Thompson received a standing ovation just before the Senate took its first vote, on the relatively noncontroversial Transportation, Economic Development and Environmental Conservation, which passed just before 10 p.m.
The budget package includes $6 billion in federal funds aimed at stimulating the economy, and eliminates the popular $1.2 billion Middle-Class STAR property tax rebate program so dear to Senate Republicans.
(The basic STAR exemption, a widely utilized discount on property taxes, remains in place.)
It also killed funds for longtime programs such as $3.9 million for the State Commission on Investigations, which closed its doors in Manhattan and cut 28 jobs.
In the Assembly, the nine budget bills moved relatively quickly, although several Democrats joined the Republicans in voting against the measure.
Some of the bills drew more than 60 no votes, well above the 41-member GOP conference, which voted as a block against the spending plan.
Minority Leader James Tedisco, whose congressional race went to the voters Tuesday, showed up to speak against the budget.
The Assembly expected to complete its package before midnight by accepting messages of necessity from Gov. David Paterson to allow for the passage of two bills that had not aged the required three days.
Assembly Speaker Sheldon Silver was seen talking to some of his members during the voting including those casting no votes.
Silver's original intent was to allow all bills to be properly aged, but he ultimately decided to get the package done before the April 1 start of the new fiscal year.
Federal stimulus funds helped Paterson, Silver and Senate Majority Leader Malcolm Smith close a $17.7 billion budget deficit.
Republicans said the plan leaves New York unprepared for the day of reckoning when stimulus dollars can no longer prop up state operations.
"When the federal money disappears, we are going to fall over the cliff," said Assemblyman Joel Miller, R-Poughkeepsie.
On Tuesday morning, Republican senators sequestered themselves in a conference room as Democrats arrived in the chamber.
Without the GOP members, the chamber lacked the 38 members, or three-fifths of the chamber, needed to pass an appropriations bill.
Buffalo-area Republican Dale Volker said his GOP colleagues were waiting to receive school aid runs, which lay out how much state aid various school districts will get.
These runs are particularly contentious this year because of the budget's modest growth in public education expenditures.
But even after the runs were distributed, Republicans failed to emerge from their conference room; in addition, Minority Leader Dean Skelos said he would not keep his members in the chamber past 10 p.m.
When the Senate finally began debating the bills after 6 p.m., Skelos railed against the budget, saying it will cost the state jobs and population, and make real estate taxes skyrocket.
Smith, about to pass his first budget as majority leader, said he hopes to address property tax relief later in the session.
Paterson, however, has said the state is so short of funds that the budget being passed may need to be redone midyear.
Lawmakers expect to be revisiting the spending plan in June and October, after personal income tax receipts are counted.
The Senate should conclude the passage of the budget today, with debate scheduled to begin at 9:30 a.m.
James M. Odato can be reached at 454-5083 or jodato@timesunion.com; Rick Karlin can be reached at 454-5758 or rkarlin@timesunion.com.
By JAMES M. ODATO AND RICK KARLIN, Capitol bureau, Albany, New York Times Union
First published in print: Wednesday, April 1, 2009
ALBANY The Legislature began passing budget bills Tuesday, although Republicans showed their disdain by refusing to grant a single vote for the package in the Assembly and by disregarding the Democrats' timetable in the Senate.
In the Senate, controlled by Democrats for the first time in four decades, the push to pass the $132 billion agreement by today's new fiscal year ran into roadblocks both political and physical: After a morning session delayed by Republicans' failure to come to the floor, the afternoon agenda was thrown off when Sen. Ruth Hassell-Thompson, D-Westchester County, fell ill with what was later identified as walking pneumonia.
Hassell-Thompson required treatment at Albany Medical Center but returned to the Capitol by ambulance just after 7 p.m.
Without her vote or that of any of the other 31 members of the Democratic conference the Senate would be unable to pass the budget.
Hassell-Thompson received a standing ovation just before the Senate took its first vote, on the relatively noncontroversial Transportation, Economic Development and Environmental Conservation, which passed just before 10 p.m.
The budget package includes $6 billion in federal funds aimed at stimulating the economy, and eliminates the popular $1.2 billion Middle-Class STAR property tax rebate program so dear to Senate Republicans.
(The basic STAR exemption, a widely utilized discount on property taxes, remains in place.)
It also killed funds for longtime programs such as $3.9 million for the State Commission on Investigations, which closed its doors in Manhattan and cut 28 jobs.
In the Assembly, the nine budget bills moved relatively quickly, although several Democrats joined the Republicans in voting against the measure.
Some of the bills drew more than 60 no votes, well above the 41-member GOP conference, which voted as a block against the spending plan.
Minority Leader James Tedisco, whose congressional race went to the voters Tuesday, showed up to speak against the budget.
The Assembly expected to complete its package before midnight by accepting messages of necessity from Gov. David Paterson to allow for the passage of two bills that had not aged the required three days.
Assembly Speaker Sheldon Silver was seen talking to some of his members during the voting including those casting no votes.
Silver's original intent was to allow all bills to be properly aged, but he ultimately decided to get the package done before the April 1 start of the new fiscal year.
Federal stimulus funds helped Paterson, Silver and Senate Majority Leader Malcolm Smith close a $17.7 billion budget deficit.
Republicans said the plan leaves New York unprepared for the day of reckoning when stimulus dollars can no longer prop up state operations.
"When the federal money disappears, we are going to fall over the cliff," said Assemblyman Joel Miller, R-Poughkeepsie.
On Tuesday morning, Republican senators sequestered themselves in a conference room as Democrats arrived in the chamber.
Without the GOP members, the chamber lacked the 38 members, or three-fifths of the chamber, needed to pass an appropriations bill.
Buffalo-area Republican Dale Volker said his GOP colleagues were waiting to receive school aid runs, which lay out how much state aid various school districts will get.
These runs are particularly contentious this year because of the budget's modest growth in public education expenditures.
But even after the runs were distributed, Republicans failed to emerge from their conference room; in addition, Minority Leader Dean Skelos said he would not keep his members in the chamber past 10 p.m.
When the Senate finally began debating the bills after 6 p.m., Skelos railed against the budget, saying it will cost the state jobs and population, and make real estate taxes skyrocket.
Smith, about to pass his first budget as majority leader, said he hopes to address property tax relief later in the session.
Paterson, however, has said the state is so short of funds that the budget being passed may need to be redone midyear.
Lawmakers expect to be revisiting the spending plan in June and October, after personal income tax receipts are counted.
The Senate should conclude the passage of the budget today, with debate scheduled to begin at 9:30 a.m.
James M. Odato can be reached at 454-5083 or jodato@timesunion.com; Rick Karlin can be reached at 454-5758 or rkarlin@timesunion.com.
"NY lawmakers divvy up pork"
Associated Press
Last updated: 5:45 p.m., Tuesday, April 7, 2009
ALBANY -- Legislators are divvying up $170 million in pork-barrel spending that escaped any cut in this fiscal crisis.
The grants directed by lawmakers to social service groups and popular civic groups in their districts should be made public by the end of the month, including Assembly Speaker Sheldon Silver's $685,000 to the Metropolitan Council on Jewish Poverty, run by the husband of Silver's chief of staff.
Breaking recent tradition, Gov. David Paterson refused to accept the governor's usual cut of $30 million in grants.
Silver defends the spending as serving a critical need for the poor through an organization roundly supported and praised by state and city government as well as other politicians including former Republican President George W. Bush.
Associated Press
Last updated: 5:45 p.m., Tuesday, April 7, 2009
ALBANY -- Legislators are divvying up $170 million in pork-barrel spending that escaped any cut in this fiscal crisis.
The grants directed by lawmakers to social service groups and popular civic groups in their districts should be made public by the end of the month, including Assembly Speaker Sheldon Silver's $685,000 to the Metropolitan Council on Jewish Poverty, run by the husband of Silver's chief of staff.
Breaking recent tradition, Gov. David Paterson refused to accept the governor's usual cut of $30 million in grants.
Silver defends the spending as serving a critical need for the poor through an organization roundly supported and praised by state and city government as well as other politicians including former Republican President George W. Bush.
"Fab to get fewer breaks - Empire Zone tax credits that GlobalFoundries wants linked to law that wasn't updated"
By LARRY RULISON, Business writer, Albany, New York Times Union
First published in print: Saturday, April 11, 2009
ALBANY GlobalFoundries Inc., the California company planning to build a $4.2 billion computer chip factory in Malta, will be getting fewer Empire Zone tax credits than originally expected.
That's because a state tax law that relates to wage tax credits in Empire Zones was not updated.
GlobalFoundries spokesman Travis Bullard said critical deadlines in various tax laws that cover eligibility in the Empire Zone program were extended last year so the chipmaker could take full advantage of the state program.
The changes were needed because of the timing of the creation of GlobalFoundries, which was spun off from Advanced Micro Devices Inc. in February as part of a joint venture with the Emirate of Abu Dhabi.
"Last year, we sought various changes to the applicable laws to provide extensions of filing dates consistent with the timing of the (GlobalFoundries) closing," Bullard said.
"All of the changes were made except for one, which related to the wage tax credit."
"We think this last change was inadvertently left off."
The Empire Zone wage tax credit is $3,000 per employee, and companies can take it for five consecutive years.
GlobalFoundries expects to employ 1,400 when its plant at Luther Forest Technology Campus is in full production in 2012.
The company, which currently has just two employees in an office in Malta, wanted to be able to delay the wage tax credit clock to when it had more workers.
However, because the law was not changed, GlobalFoundries will have to start taking the credit this year, when it has significantly fewer employees.
An opinion from the state Department of Taxation and Finance on March 2 confirmed the company must start taking the wage tax credit this year.
GlobalFoundries is also eligible for other tax incentives under the Empire Zone program, including sales and investment tax credits.
It's estimated the company could be eligible for $265 million in tax credits that are part of the state's $1.2 billion incentive package for the project.
Kevin McAuliffe, an attorney with the law firm Hiscock & Barclay in Syracuse, and who is an outside counsel for GlobalFoundries, said the state tax opinion was expected.
He said the company has not calculated how much smaller the wage tax credit will be, although GlobalFoundries had expected to start taking the benefit once it had spent $750 million on the project.
That could likely be by sometime in 2010, when the building shell is scheduled to be completed.
"It was a minor benefit with regard to the wage tax credit," McAuliffe said.
"It doesn't make any sense to try to get a legal fix."
The Empire Zone program is run by Empire State Development Corp., the state's economic development arm.
An ESDC spokesman, though, referred questions about the wage tax credit to the state Division of Budget.
"We are aware of this issue and are evaluating options for addressing it going forward," said Division of Budget spokesman Matt Anderson.
Larry Rulison can be reached at 454-5504 or by e-mail at lrulison@timesunion.com.
By LARRY RULISON, Business writer, Albany, New York Times Union
First published in print: Saturday, April 11, 2009
ALBANY GlobalFoundries Inc., the California company planning to build a $4.2 billion computer chip factory in Malta, will be getting fewer Empire Zone tax credits than originally expected.
That's because a state tax law that relates to wage tax credits in Empire Zones was not updated.
GlobalFoundries spokesman Travis Bullard said critical deadlines in various tax laws that cover eligibility in the Empire Zone program were extended last year so the chipmaker could take full advantage of the state program.
The changes were needed because of the timing of the creation of GlobalFoundries, which was spun off from Advanced Micro Devices Inc. in February as part of a joint venture with the Emirate of Abu Dhabi.
"Last year, we sought various changes to the applicable laws to provide extensions of filing dates consistent with the timing of the (GlobalFoundries) closing," Bullard said.
"All of the changes were made except for one, which related to the wage tax credit."
"We think this last change was inadvertently left off."
The Empire Zone wage tax credit is $3,000 per employee, and companies can take it for five consecutive years.
GlobalFoundries expects to employ 1,400 when its plant at Luther Forest Technology Campus is in full production in 2012.
The company, which currently has just two employees in an office in Malta, wanted to be able to delay the wage tax credit clock to when it had more workers.
However, because the law was not changed, GlobalFoundries will have to start taking the credit this year, when it has significantly fewer employees.
An opinion from the state Department of Taxation and Finance on March 2 confirmed the company must start taking the wage tax credit this year.
GlobalFoundries is also eligible for other tax incentives under the Empire Zone program, including sales and investment tax credits.
It's estimated the company could be eligible for $265 million in tax credits that are part of the state's $1.2 billion incentive package for the project.
Kevin McAuliffe, an attorney with the law firm Hiscock & Barclay in Syracuse, and who is an outside counsel for GlobalFoundries, said the state tax opinion was expected.
He said the company has not calculated how much smaller the wage tax credit will be, although GlobalFoundries had expected to start taking the benefit once it had spent $750 million on the project.
That could likely be by sometime in 2010, when the building shell is scheduled to be completed.
"It was a minor benefit with regard to the wage tax credit," McAuliffe said.
"It doesn't make any sense to try to get a legal fix."
The Empire Zone program is run by Empire State Development Corp., the state's economic development arm.
An ESDC spokesman, though, referred questions about the wage tax credit to the state Division of Budget.
"We are aware of this issue and are evaluating options for addressing it going forward," said Division of Budget spokesman Matt Anderson.
Larry Rulison can be reached at 454-5504 or by e-mail at lrulison@timesunion.com.
"Paterson seeks to extend jobless aid - Governor's plan would lengthen benefits to 72 weeks; $645M more in federal aid being sought"
By TOM KEYSER, Staff writer, Albany, New York Times Union
First published in print: Tuesday, April 14, 2009
As more and more New Yorkers find themselves unemployed and unable to find work, Gov. David Paterson on Monday announced that he has submitted legislation that would allow the state to access an estimated $645 million in additional federal aid for the unemployed.
It would extend to 72 weeks from the current 59 weeks the period New York residents could collect unemployment.
That's especially significant now, Labor Department officials said, because more than 56,000 unemployed New Yorkers, including more than 1,900 in the Capital Region, will be exhausting their 59 weeks of benefits next month.
What's more, Paterson is threatening to lay off 8,700 state workers.
About 34,800 residents in the Capital Region were unemployed in February, according to the Labor Department.
That's 10,700 more than were unemployed in February 2008 and the highest since the state began keeping such records in 1990.
"We are moving full speed ahead to help the unemployed both across the state and here in the Capital Region," said M. Patricia Smith, state labor commissioner.
Smith and David A. Hansell, commissioner of the Office of Temporary and Disability Assistance, are urging the jobless to take advantage of state services.
Their suggestions:
Visit one of the Labor Department's 81 "one-stop career centers."
The department's Web site (see accompanying box) includes a list of centers with addresses and phone numbers.
The centers offer career counseling, training opportunities, resume-writing services, career workshops and access to computers and fax machines.
The federal stimulus program has already provided additional funding for job training, increased and extended unemployment benefits, and help in paying for COBRA health-insurance policies through former employers.
The centers also provide support services for job fairs across the state, including the Dr. King Career Fair from 1 to 5 p.m. Thursday at the Empire State Plaza convention center in Albany.
More than 55 employers will offer some 1,500 job opportunities.
Visit the "My Benefits" Web site (see box) to see what other assistance might be available, including food stamps, earned-income tax credit, home energy assistance and emergency grants.
Tom Keyser can be reached at 454-5448 or by e-mail at tkeyser@timesunion.com.
To get help
For additional information, visit these Web sites:
http://www.labor.state.ny.us/
https://www.mybenefits.ny.gov/
http://www.otda.state.ny.us/
http://www.ins.state.ny.us/
By TOM KEYSER, Staff writer, Albany, New York Times Union
First published in print: Tuesday, April 14, 2009
As more and more New Yorkers find themselves unemployed and unable to find work, Gov. David Paterson on Monday announced that he has submitted legislation that would allow the state to access an estimated $645 million in additional federal aid for the unemployed.
It would extend to 72 weeks from the current 59 weeks the period New York residents could collect unemployment.
That's especially significant now, Labor Department officials said, because more than 56,000 unemployed New Yorkers, including more than 1,900 in the Capital Region, will be exhausting their 59 weeks of benefits next month.
What's more, Paterson is threatening to lay off 8,700 state workers.
About 34,800 residents in the Capital Region were unemployed in February, according to the Labor Department.
That's 10,700 more than were unemployed in February 2008 and the highest since the state began keeping such records in 1990.
"We are moving full speed ahead to help the unemployed both across the state and here in the Capital Region," said M. Patricia Smith, state labor commissioner.
Smith and David A. Hansell, commissioner of the Office of Temporary and Disability Assistance, are urging the jobless to take advantage of state services.
Their suggestions:
Visit one of the Labor Department's 81 "one-stop career centers."
The department's Web site (see accompanying box) includes a list of centers with addresses and phone numbers.
The centers offer career counseling, training opportunities, resume-writing services, career workshops and access to computers and fax machines.
The federal stimulus program has already provided additional funding for job training, increased and extended unemployment benefits, and help in paying for COBRA health-insurance policies through former employers.
The centers also provide support services for job fairs across the state, including the Dr. King Career Fair from 1 to 5 p.m. Thursday at the Empire State Plaza convention center in Albany.
More than 55 employers will offer some 1,500 job opportunities.
Visit the "My Benefits" Web site (see box) to see what other assistance might be available, including food stamps, earned-income tax credit, home energy assistance and emergency grants.
Tom Keyser can be reached at 454-5448 or by e-mail at tkeyser@timesunion.com.
To get help
For additional information, visit these Web sites:
http://www.labor.state.ny.us/
https://www.mybenefits.ny.gov/
http://www.otda.state.ny.us/
http://www.ins.state.ny.us/
"Lake George water rules slowed"
By BRIAN NEARING Staff writer, Albany, New York Times Union
Last updated: 11:00 a.m., Tuesday, April 14, 2009
LAKE GEORGE The creation of the lake's first-ever stream protection rules will take a bit longer, the Lake George Park Commission announced today.
Commission Chairman Bruce Young said the commission, which faces vocal opposition to proposed rules to ban most tree-cutting around 150 streams that feed the lake, is pushing back its goal of a final Environmental Impact Statement for another month into May.
In February, a hearing on the proposed rules drew several hundred people, with many saying such limits would unfairly prevent building around the lake.
Supporters said rules are needed to stem the flow of a development-fueled mix of fertilizers, pesticides and silt that is fueling algae blooms and diminishing water quality.
"We received more than 375 public comments, many with several topics and it is going to take several more weeks to digest and respond to them," said Young.
The thorniest issue to resolve will be how wide the stream protection zones should be.
The proposed rules call for a 100-foot buffers on either side of streams; opponents said that is too much, while supporters said even more is needed.
"We tried and failed to reach a consensus among stakeholder organizations on the width of buffers although there is general accord that buffers offer clear benefits for water quality," said Young.
"It's all about striking a proper balance between environmental protection and private property interests."
After the Environmental Impact Statement is completed, the regulations will have to undergo the process of promulgation as state regulations with additional public notice and public hearings.
By BRIAN NEARING Staff writer, Albany, New York Times Union
Last updated: 11:00 a.m., Tuesday, April 14, 2009
LAKE GEORGE The creation of the lake's first-ever stream protection rules will take a bit longer, the Lake George Park Commission announced today.
Commission Chairman Bruce Young said the commission, which faces vocal opposition to proposed rules to ban most tree-cutting around 150 streams that feed the lake, is pushing back its goal of a final Environmental Impact Statement for another month into May.
In February, a hearing on the proposed rules drew several hundred people, with many saying such limits would unfairly prevent building around the lake.
Supporters said rules are needed to stem the flow of a development-fueled mix of fertilizers, pesticides and silt that is fueling algae blooms and diminishing water quality.
"We received more than 375 public comments, many with several topics and it is going to take several more weeks to digest and respond to them," said Young.
The thorniest issue to resolve will be how wide the stream protection zones should be.
The proposed rules call for a 100-foot buffers on either side of streams; opponents said that is too much, while supporters said even more is needed.
"We tried and failed to reach a consensus among stakeholder organizations on the width of buffers although there is general accord that buffers offer clear benefits for water quality," said Young.
"It's all about striking a proper balance between environmental protection and private property interests."
After the Environmental Impact Statement is completed, the regulations will have to undergo the process of promulgation as state regulations with additional public notice and public hearings.
"Land deal imminent for GlobalFoundries"
By LARRY RULISON, Business writer, Albany, New York Times Union
Last updated: 3:33 p.m., Tuesday, April 14, 2009
GlobalFoundries Inc. could close any day now on its deal to acquire 222 acres at the Luther Forest Technology Campus in Malta.
The completion of the deal would pave the way for the company to start clearing land at the site planned for a $4.2 billion computer chip factory.
"It could be as early as this week," GlobalFoundries spokesman Travis Bullard said of the land deal.
"It's really any day now."
GlobalFoundries has permission from the town to begin clearing trees and soil on the site, but it cannot begin work until the land sale is completed and it signs a development agreement that provides the town $4 million for community use.
"We can't do anything on the site until we own it," Bullard said.
By LARRY RULISON, Business writer, Albany, New York Times Union
Last updated: 3:33 p.m., Tuesday, April 14, 2009
GlobalFoundries Inc. could close any day now on its deal to acquire 222 acres at the Luther Forest Technology Campus in Malta.
The completion of the deal would pave the way for the company to start clearing land at the site planned for a $4.2 billion computer chip factory.
"It could be as early as this week," GlobalFoundries spokesman Travis Bullard said of the land deal.
"It's really any day now."
GlobalFoundries has permission from the town to begin clearing trees and soil on the site, but it cannot begin work until the land sale is completed and it signs a development agreement that provides the town $4 million for community use.
"We can't do anything on the site until we own it," Bullard said.
"Former NY party leader charged in pay-to-play"
By DAVID B. CARUSO, Associated Press
Last updated: 11:35 a.m., Wednesday, April 15, 2009
NEW YORK -- The former head of New York's Liberal Party has been charged with receiving more than $800,000 in illegal fees linked to state pension fund investments.
The charges were announced Wednesday by New York Attorney General Andrew Cuomo, who is investigating allegations of pay-to-play corruption under former state Comptroller Alan Hevesi.
Cuomo says the Liberal Party's former chairman Raymond Harding got the fees as a reward for helping the Hevesi's son Andrew obtain a seat in the state Assembly.
Cuomo says there is no evidence that the younger Hevesi knew of the arrangement.
Harding's lawyer says he did nothing wrong.
The attorney general also confirmed that Barrett Wissman, a Dallas businessman and hedge fund manager, pleaded guilty March 31 to securities fraud charges.
Prosecutors say Wissman helped two top Hevesi aides sell access to the $150 billion pension fund to investment firms.
By DAVID B. CARUSO, Associated Press
Last updated: 11:35 a.m., Wednesday, April 15, 2009
NEW YORK -- The former head of New York's Liberal Party has been charged with receiving more than $800,000 in illegal fees linked to state pension fund investments.
The charges were announced Wednesday by New York Attorney General Andrew Cuomo, who is investigating allegations of pay-to-play corruption under former state Comptroller Alan Hevesi.
Cuomo says the Liberal Party's former chairman Raymond Harding got the fees as a reward for helping the Hevesi's son Andrew obtain a seat in the state Assembly.
Cuomo says there is no evidence that the younger Hevesi knew of the arrangement.
Harding's lawyer says he did nothing wrong.
The attorney general also confirmed that Barrett Wissman, a Dallas businessman and hedge fund manager, pleaded guilty March 31 to securities fraud charges.
Prosecutors say Wissman helped two top Hevesi aides sell access to the $150 billion pension fund to investment firms.
"Pension 'piggy bank' net expands"
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published in print: Thursday, April 16, 2009
ALBANY - Attorney General Andrew Cuomo on Wednesday exposed more ugly strands in an alleged corruption web involving misuse of hundreds of millions of dollars in state retirement fund dollars to enrich friends, associates and relatives of former comptroller Alan Hevesi.
Cuomo accused former Liberal Party Chairman Ray Harding of being part of an illegal kickback scheme that netted him at least $800,000 and helped get Hevesi's son, Andrew Hevesi, elected to the Assembly.
Harding declared he's not guilty of what he called "baseless" charges.
Also, hedge fund manager Barrett Wissman pleaded guilty to his role in a fraudulent scheme in which he pocketed at least $12 million in fees by helping to direct $100 million in pension dollars to Hunt Financial Ventures, kicking back $600,000 to Hevesi's Democratic consultant Hank Morris.
Wissman agreed to waive his rights to a grand jury hearing and pleaded guilty to felony fraud.
He also agreed to give up $12 million to Cuomo, half of which will go to the state treasury, Cuomo's aides said,
The felony complaint against Harding and the plea from Wissman are the latest developments in the two-year probe by Cuomo into an alleged fraud among the inner circle of Hevesi when he served as comptroller, the sole trustee of the huge common retirement fund.
Its value topped $150 billion during Hevesi's tenure, but because of market conditions has fell to about $122 billion.
Cuomo last month unveiled an indictment that accused Morris, Hevesi's confidant, and former comptroller executive David Loglisci, a friend of Wissman's, as selling access to the pension fund.
Now he is alleging that from 2003 to 2006 Morris and Loglisci inserted Harding as a sham placement agent on transactions with three equity funds.
As a result, Harding netted fees for doing nothing in regard to the transactions, but instead for payment for past political favors such as making sure Hevesi won the Liberal Party line in his campaigns for the Assembly, New York City mayor and state comptroller.
Hevesi resigned after winning re-election after pleading guilty to a felony involving allowing a state driver to ferry his wife around in New York City.
Cuomo described the two political advisers to Hevesi, Harding and others as dipping into the pension as if it were their "piggy bank" and "political favor bank."
Harding allegedly got paid for steering funds to Paladin Homeland Security Fund, whose partners include Michael Steed, a former head of the Democratic National Committee, and William Mulrow, a Westchester County Democrat who ran for comptroller.
Paladin responded that neither the company or any of its officers did anything wrong.
Cuomo asserted that in 2005 Hevesi's friends dispatched Harding to help get Queens Assemblyman Michael Cohen a job at the Health Insurance Plan of Greater New York, which has long employed Gov. David Paterson's wife, Michelle Paige Paterson.
HIP Chief Executive Tony Watson recalled getting approached by someone about Cohen, but couldn't recall who, according to a spokeswoman for HIP.
Cohen received a $150,000-per-year post and he left the Assembly.
He continues to serve in the marketing department.
"The seat was traded for pension dollars," Cuomo said.
"It shows the breadth and the outrageousness of the scheme and the brazenness of this."
"Get HIP to do us a favor and hire the assemblyman."
Harding's lawyer, Gary Naftalis said his client's work as a placement agent for firms was honorable and lawful.
"He looks forward to defending against these baseless accusations in court and maintaining his good name and reputation," Naftalis said.
Assemblyman Hevesi won a special election for the seat once held by his father.
He did not respond to a telephone call.
Cuomo said there is no evidence to suggest Andrew Hevesi was in on the alleged improper schemes.
Cuomo said the probe continues and that it has led to several big investment funds and companies, including the Carlyle Group, which has employed politically powerful officials over the years to help it build its giant book of business.
Cuomo, a Democrat, said his probe does not have anything to do with current comptroller Thomas DiNapoli, who said he is outraged at the findings Cuomo has made public.
James M. Odato can be reached at 454-5083 or jodato@timesunion.com
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published in print: Thursday, April 16, 2009
ALBANY - Attorney General Andrew Cuomo on Wednesday exposed more ugly strands in an alleged corruption web involving misuse of hundreds of millions of dollars in state retirement fund dollars to enrich friends, associates and relatives of former comptroller Alan Hevesi.
Cuomo accused former Liberal Party Chairman Ray Harding of being part of an illegal kickback scheme that netted him at least $800,000 and helped get Hevesi's son, Andrew Hevesi, elected to the Assembly.
Harding declared he's not guilty of what he called "baseless" charges.
Also, hedge fund manager Barrett Wissman pleaded guilty to his role in a fraudulent scheme in which he pocketed at least $12 million in fees by helping to direct $100 million in pension dollars to Hunt Financial Ventures, kicking back $600,000 to Hevesi's Democratic consultant Hank Morris.
Wissman agreed to waive his rights to a grand jury hearing and pleaded guilty to felony fraud.
He also agreed to give up $12 million to Cuomo, half of which will go to the state treasury, Cuomo's aides said,
The felony complaint against Harding and the plea from Wissman are the latest developments in the two-year probe by Cuomo into an alleged fraud among the inner circle of Hevesi when he served as comptroller, the sole trustee of the huge common retirement fund.
Its value topped $150 billion during Hevesi's tenure, but because of market conditions has fell to about $122 billion.
Cuomo last month unveiled an indictment that accused Morris, Hevesi's confidant, and former comptroller executive David Loglisci, a friend of Wissman's, as selling access to the pension fund.
Now he is alleging that from 2003 to 2006 Morris and Loglisci inserted Harding as a sham placement agent on transactions with three equity funds.
As a result, Harding netted fees for doing nothing in regard to the transactions, but instead for payment for past political favors such as making sure Hevesi won the Liberal Party line in his campaigns for the Assembly, New York City mayor and state comptroller.
Hevesi resigned after winning re-election after pleading guilty to a felony involving allowing a state driver to ferry his wife around in New York City.
Cuomo described the two political advisers to Hevesi, Harding and others as dipping into the pension as if it were their "piggy bank" and "political favor bank."
Harding allegedly got paid for steering funds to Paladin Homeland Security Fund, whose partners include Michael Steed, a former head of the Democratic National Committee, and William Mulrow, a Westchester County Democrat who ran for comptroller.
Paladin responded that neither the company or any of its officers did anything wrong.
Cuomo asserted that in 2005 Hevesi's friends dispatched Harding to help get Queens Assemblyman Michael Cohen a job at the Health Insurance Plan of Greater New York, which has long employed Gov. David Paterson's wife, Michelle Paige Paterson.
HIP Chief Executive Tony Watson recalled getting approached by someone about Cohen, but couldn't recall who, according to a spokeswoman for HIP.
Cohen received a $150,000-per-year post and he left the Assembly.
He continues to serve in the marketing department.
"The seat was traded for pension dollars," Cuomo said.
"It shows the breadth and the outrageousness of the scheme and the brazenness of this."
"Get HIP to do us a favor and hire the assemblyman."
Harding's lawyer, Gary Naftalis said his client's work as a placement agent for firms was honorable and lawful.
"He looks forward to defending against these baseless accusations in court and maintaining his good name and reputation," Naftalis said.
Assemblyman Hevesi won a special election for the seat once held by his father.
He did not respond to a telephone call.
Cuomo said there is no evidence to suggest Andrew Hevesi was in on the alleged improper schemes.
Cuomo said the probe continues and that it has led to several big investment funds and companies, including the Carlyle Group, which has employed politically powerful officials over the years to help it build its giant book of business.
Cuomo, a Democrat, said his probe does not have anything to do with current comptroller Thomas DiNapoli, who said he is outraged at the findings Cuomo has made public.
James M. Odato can be reached at 454-5083 or jodato@timesunion.com
"Bruno wants softer indictment wording - Lawyers say language is 'inflammatory' and could prejudice jury"
By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union
First published in print: Tuesday, April 21, 2009
ALBANY -- Former Senate Majority Leader Joseph L. Bruno wants the federal government to tone down the language in an 8-count felony indictment that his attorneys say is inflammatory and prejudicial.
A motion filed last week by Bruno's defense team marks the case's first legal challenge and sets the stage for what is expected to be an intensive pre-trial battle.
The unusual defense motion attacks much of the language in the indictment, characterizing portions of the 35-page document as nothing more than an attempt by the government ''to prejudice Mr. Bruno and confuse the jury.''
The motion also alleges federal prosecutors have sought to amplify their allegations by including conduct by Bruno that predates a five-year statute of limitations.
''Prosecutors here have sought to make a federal crime out of alleged ethical lapses that do not even amount to a state law misdemeanor,'' the motion states.
''In some effort to justify and 'dress up' its charges against Mr. Bruno, the government has included allegations in the indictment that are not relevant to the crimes charged and are prejudicial and inflammatory.''
For instance, the defense has asked U.S. District Judge Gary L. Sharpe to strike a portion of a sentence which indicates the state of New York and its citizens paid Bruno for his honest services but as a result of his fraud they were deprived ''and instead received dishonest services.''
''There is no offense in the statute or case law called 'provision of dishonest services','' the defense motion states, calling the language ''superfluous and inflammatory.''
They asked that that portion of the sentence be removed.
The case is scheduled for trial in November and the indictment would be provided to a federal jury panel as a blueprint of the government's case during their deliberations.
Bruno, 80, was indicted Jan. 23 on eight charges of theft of honest services under federal mail and wire fraud statutes.
The detailed, narrative-style indictment outlines suspicious business and political dealings of Bruno's dating to 1993 and continuing through 2006.
If convicted on any of the charges Bruno could face a maximum sentence of 20 years in prison, although under federal sentencing guidelines he would likely face much less time behind bars.
The charges outline numerous instances where Bruno, while occupying the state's powerful position of Senate majority leader, allegedly concealed one after another payments steered to him personally by people and organizations seeking an advantage in state politics.
The indictment claims that from 1993 through 2005, all of Bruno's annual financial disclosures, required by the state's Ethics in Government law, contained false, misleading and incomplete information.
The indictment also outlines a series of deals and business arrangements dating back to 1993 in which Bruno allegedly profited from companies or individuals who had an interest in state government.
Bruno also steered labor unions to invest in companies that were paying him hundreds of thousands of dollars as a ''consultant,'' according to the indictment.
The government accuses Bruno of receiving more than $3.1 million in alleged payoffs between 1993 and 2006.
But Bruno's attorneys, Abbe D. Lowell of Washington, D.C., and William J. Dreyer of Albany, said a large portion of those transactions took place before 2004 and therefore fall outside a five year statute of limitations, and the information should not be included in the indictment, according to the motion.
The indictment also describes ''schemes'' involving Bruno's use of public office to convince labor unions to steer their money management to Wright Investors Service, a Connecticut firm that paid him nearly $1.4 million from 1994 to 2006, and McGinn, Smith & Co., an Albany investment firm that paid Bruno $632,116 from 1993 to 2005.
The firms ended up receiving investment advisory fees or brokerage fees paid by the union benefit funds.
Defense lawyers asked for the allegations tied to McGinn, Smith to be stricken from the indictment because, in part, ''the indictment does not allege ... a single mailing or wire transaction relating to McGinn, Smith that was sent to or received by Mr. Bruno.''
The defense team has asked for a hearing on their motion next month.
Prosecutors have not filed a reply.
The indictment is the culmination of a more than three-year FBI investigation into the public and private dealings of Bruno.
He retired from his state Senate seat in July after 32 years in legislative service.
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union
First published in print: Tuesday, April 21, 2009
ALBANY -- Former Senate Majority Leader Joseph L. Bruno wants the federal government to tone down the language in an 8-count felony indictment that his attorneys say is inflammatory and prejudicial.
A motion filed last week by Bruno's defense team marks the case's first legal challenge and sets the stage for what is expected to be an intensive pre-trial battle.
The unusual defense motion attacks much of the language in the indictment, characterizing portions of the 35-page document as nothing more than an attempt by the government ''to prejudice Mr. Bruno and confuse the jury.''
The motion also alleges federal prosecutors have sought to amplify their allegations by including conduct by Bruno that predates a five-year statute of limitations.
''Prosecutors here have sought to make a federal crime out of alleged ethical lapses that do not even amount to a state law misdemeanor,'' the motion states.
''In some effort to justify and 'dress up' its charges against Mr. Bruno, the government has included allegations in the indictment that are not relevant to the crimes charged and are prejudicial and inflammatory.''
For instance, the defense has asked U.S. District Judge Gary L. Sharpe to strike a portion of a sentence which indicates the state of New York and its citizens paid Bruno for his honest services but as a result of his fraud they were deprived ''and instead received dishonest services.''
''There is no offense in the statute or case law called 'provision of dishonest services','' the defense motion states, calling the language ''superfluous and inflammatory.''
They asked that that portion of the sentence be removed.
The case is scheduled for trial in November and the indictment would be provided to a federal jury panel as a blueprint of the government's case during their deliberations.
Bruno, 80, was indicted Jan. 23 on eight charges of theft of honest services under federal mail and wire fraud statutes.
The detailed, narrative-style indictment outlines suspicious business and political dealings of Bruno's dating to 1993 and continuing through 2006.
If convicted on any of the charges Bruno could face a maximum sentence of 20 years in prison, although under federal sentencing guidelines he would likely face much less time behind bars.
The charges outline numerous instances where Bruno, while occupying the state's powerful position of Senate majority leader, allegedly concealed one after another payments steered to him personally by people and organizations seeking an advantage in state politics.
The indictment claims that from 1993 through 2005, all of Bruno's annual financial disclosures, required by the state's Ethics in Government law, contained false, misleading and incomplete information.
The indictment also outlines a series of deals and business arrangements dating back to 1993 in which Bruno allegedly profited from companies or individuals who had an interest in state government.
Bruno also steered labor unions to invest in companies that were paying him hundreds of thousands of dollars as a ''consultant,'' according to the indictment.
The government accuses Bruno of receiving more than $3.1 million in alleged payoffs between 1993 and 2006.
But Bruno's attorneys, Abbe D. Lowell of Washington, D.C., and William J. Dreyer of Albany, said a large portion of those transactions took place before 2004 and therefore fall outside a five year statute of limitations, and the information should not be included in the indictment, according to the motion.
The indictment also describes ''schemes'' involving Bruno's use of public office to convince labor unions to steer their money management to Wright Investors Service, a Connecticut firm that paid him nearly $1.4 million from 1994 to 2006, and McGinn, Smith & Co., an Albany investment firm that paid Bruno $632,116 from 1993 to 2005.
The firms ended up receiving investment advisory fees or brokerage fees paid by the union benefit funds.
Defense lawyers asked for the allegations tied to McGinn, Smith to be stricken from the indictment because, in part, ''the indictment does not allege ... a single mailing or wire transaction relating to McGinn, Smith that was sent to or received by Mr. Bruno.''
The defense team has asked for a hearing on their motion next month.
Prosecutors have not filed a reply.
The indictment is the culmination of a more than three-year FBI investigation into the public and private dealings of Bruno.
He retired from his state Senate seat in July after 32 years in legislative service.
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
"AMD posts deeper loss, shares fall - AMD posts deeper 1Q loss of $416 million, shares fall on disappointing guidance"
By JORDAN ROBERTSON, Associated Press
Last updated: 6:35 p.m., Tuesday, April 21, 2009
SAN FRANCISCO -- Advanced Micro Devices Inc.'s loss widened in the first quarter as demand and prices for its microprocessors slumped and charges for the biggest restructuring in the company's 40-year history took their toll.
Its shares slipped almost 5 in after-hours trading on disappointing guidance.
AMD reported after the market closed Tuesday that it lost $416 million, or 66 cents per share, in the opening three months of the year.
It wasn't as bad as Wall Street projected.
Without one-time charges, the loss would have been 62 cents per share.
On that basis, analysts polled by Thomson Reuters expected a loss of 66 cents per share.
During the same period last year, AMD lost $364 million, or 60 cents per share.
Sales dropped 21 percent to $1.18 billion, but were still higher than estimates of $978 million.
The Sunnyvale-based company forecast lower second-quarter sales, which likely disappointed investors who were expecting more optimistic guidance -- along the lines of AMD's bigger rival Intel Corp.
Last week, Intel projected that its sales would be flat, and Chief Executive Paul Otellini said the personal computer market might have "bottomed out" after its worst stretch in six years.
Analysts were expecting AMD to record $975 million in second-quarter sales, down about 28 percent from the $1.35 billion in revenue from the second quarter of 2008.
The guidance raised questions about whether AMD expects to lose market share to Intel, a prospect that AMD's CEO Dirk Meyer sought to knock down.
Intel has about 80 percent of the worldwide market for personal computer microprocessors -- the brains of those machines.
AMD has roughly the rest.
"The economy is still weak, making it very difficult to forecast end-user demand," Meyer said on a conference call with analysts, noting that the first and second quarters are typically the weakest for chip makers.
"I've heard some say we've hit bottom."
"I don't know how someone could say we've hit bottom in the current economic climate."
AMD said it sold fewer microprocessors and they commanded lower prices, on average.
The average selling prices for server chips was up while notebook chip prices were down, Meyer said.
The microprocessor division's sales fell 21 percent to $938 million.
The number of graphics chips sold were also down, but their prices were up.
Sales in AMD's graphics division fell 15 percent to $222 million.
AMD has paid dearly to get a foothold in graphics chips: its $5.6 billion acquisition of graphics chip maker ATI Technologies in 2006 saddled AMD with major debt that has contributed to the company's financial woes in recent years.
AMD underwent a major transformation in the first quarter, spinning off its manufacturing arm with the help of the Abu Dhabi government, a move designed to save money.
It was also a concession that AMD can't keep pace with Intel in the race to build costly, cutting-edge chip factories.
AMD's latest results included numbers from AMD and the spinoff, which is called GlobalFoundries.
Included in the one-time charges are $195 million in restructuring charges and spinoff-related charges.
AMD shares shed 16 cents, or 4.8 percent, to $3.20 in after-hours trading.
During the regular session, they gained 5 cents, or 1.5 percent, to close at $3.36.
By JORDAN ROBERTSON, Associated Press
Last updated: 6:35 p.m., Tuesday, April 21, 2009
SAN FRANCISCO -- Advanced Micro Devices Inc.'s loss widened in the first quarter as demand and prices for its microprocessors slumped and charges for the biggest restructuring in the company's 40-year history took their toll.
Its shares slipped almost 5 in after-hours trading on disappointing guidance.
AMD reported after the market closed Tuesday that it lost $416 million, or 66 cents per share, in the opening three months of the year.
It wasn't as bad as Wall Street projected.
Without one-time charges, the loss would have been 62 cents per share.
On that basis, analysts polled by Thomson Reuters expected a loss of 66 cents per share.
During the same period last year, AMD lost $364 million, or 60 cents per share.
Sales dropped 21 percent to $1.18 billion, but were still higher than estimates of $978 million.
The Sunnyvale-based company forecast lower second-quarter sales, which likely disappointed investors who were expecting more optimistic guidance -- along the lines of AMD's bigger rival Intel Corp.
Last week, Intel projected that its sales would be flat, and Chief Executive Paul Otellini said the personal computer market might have "bottomed out" after its worst stretch in six years.
Analysts were expecting AMD to record $975 million in second-quarter sales, down about 28 percent from the $1.35 billion in revenue from the second quarter of 2008.
The guidance raised questions about whether AMD expects to lose market share to Intel, a prospect that AMD's CEO Dirk Meyer sought to knock down.
Intel has about 80 percent of the worldwide market for personal computer microprocessors -- the brains of those machines.
AMD has roughly the rest.
"The economy is still weak, making it very difficult to forecast end-user demand," Meyer said on a conference call with analysts, noting that the first and second quarters are typically the weakest for chip makers.
"I've heard some say we've hit bottom."
"I don't know how someone could say we've hit bottom in the current economic climate."
AMD said it sold fewer microprocessors and they commanded lower prices, on average.
The average selling prices for server chips was up while notebook chip prices were down, Meyer said.
The microprocessor division's sales fell 21 percent to $938 million.
The number of graphics chips sold were also down, but their prices were up.
Sales in AMD's graphics division fell 15 percent to $222 million.
AMD has paid dearly to get a foothold in graphics chips: its $5.6 billion acquisition of graphics chip maker ATI Technologies in 2006 saddled AMD with major debt that has contributed to the company's financial woes in recent years.
AMD underwent a major transformation in the first quarter, spinning off its manufacturing arm with the help of the Abu Dhabi government, a move designed to save money.
It was also a concession that AMD can't keep pace with Intel in the race to build costly, cutting-edge chip factories.
AMD's latest results included numbers from AMD and the spinoff, which is called GlobalFoundries.
Included in the one-time charges are $195 million in restructuring charges and spinoff-related charges.
AMD shares shed 16 cents, or 4.8 percent, to $3.20 in after-hours trading.
During the regular session, they gained 5 cents, or 1.5 percent, to close at $3.36.
"Top GOP staffer's legal bills covered by Assembly campaign funds - Tedisco approved $32,536 payment without informing members"
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
Last updated: 11:37 p.m., Wednesday, April 22, 2009
ALBANY Schenectady County Assemblyman James Tedisco's closest staffer used more than $32,500 raised for Assembly Republican campaigns to pay his personal legal bills, according to documents obtained by the Times Union and confirmed Wednesday by newly installed Minority Leader Brian Kolb.
Kolb said he was stunned to learn that William Sherman arranged for a check for $32,536 to be issued from the Republican Assembly Campaign Committee housekeeping account last July, under authorization from Tedisco.
The private agreement between Tedisco and his top political advisor was unknown to Kolb or the 39 other members of the minority conference until Wednesday, Kolb said, because Tedisco never brought it up.
Kolb said members learned about the highly unusual transaction Wednesday morning when they received documents similar to those obtained by the Times Union copies of the check from the account and a note from Sherman on Assembly stationary identifying the money be for his half of the costs of a defamation lawsuit filed against him and another Schenectady County Republican who ran for the county legislature in 2005.
The materials were sent anonymously and copied to the Albany County District Attorney and the state Attorney General's offices.
Aides to those officials said the materials were received and under review.
The check was to Hiscock & Barclay, the law firm that employs Assemblyman Will Barclay, who is a co-chairman of the Republican Assembly Campaign Committee.
Sherman's note told the recipients of the check, "as we discussed my payment is to be held in the strictest of confidence."
Kolb called the expenses legitimate since all members of the conference are concerned with the free speech issues raised in the suit, in which the Mallozzi family charged defamation against Sherman and Joseph Suhrada for the negative materials they generated during their run for county office.
In December, a state Supreme Court judge found for the defendants and ordered the Mallozzis to pay legal fees for the two Republicans, which Sherman at the time estimated above $80,000; it is unclear if that judgment has been paid.
Kolb said Barclay and Assemblyman Robert Oaks, RACC's co-chairman, were unaware of Sherman's actions.
Neither member returned calls for comment.
Sherman was also unresponsive on Wednesday.
Asked twice to discuss the matter, Tedisco still a candidate for the 20th Congressional District seat said he would need to check his schedule to find time for an interview.
He stepped down as minority leader earlier this month, leading to Kolb's ascension to the post April 6.
Tedisco "made that decision on behalf of Bill," Kolb said of the payment.
"It was done to defend one of our key employees."
"I would not have done the same thing."
Kolb said he has a different management style than Tedisco, and any such expenditure from the campaign accounts of the GOP would first have to be discussed with all members.
He said members were "surprised" to learn of the expenditure.
"It was more than surprised," said one senior member of the conference, who spoke on the condition of anonymity.
"They went crazy."
"He's being diplomatic."
Some members complained that they could not get their legal bills arising from campaigns such as petition challenges or their personal debts to their campaigns covered by RACC, a member said.
The expense does show up on the January report of the RACC account, but it doesn't disclose that it is for Sherman's costs.
Kolb said he doesn't know if Sherman will be required to pay back the expense.
He also said he is not disturbed at the $10,000 in extra pay RACC made to Sherman, even though he described Sherman as a volunteer.
Sherman, whose Assembly salary was $144,590 as of July, announced he was leaving the Assembly last May but changed his mind within a few days, and stayed with Tedisco as chief of staff.
He was instrumental in running campaigns last fall.
Kolb, who has kept Sherman as chief of staff, said that the extra money Sherman received is probably an underpayment for the many hours he has put in to help Republicans at election time.
The use of campaign funds for a staffer may be allowed under state campaign laws, said Robert Brehm, a spokesman for the Board of Elections.
Legal fees arising from running for office can be paid from political funds, he said.
It is unclear if the law requires that such fees must originate with a candidate from the committee for which the money was raised.
Blair Horner, legislative director for the New York Public Interest Research Group, said the Sherman matter is an egregious misuse of campaign dollars that may indeed be within the law.
"I'm stunned that the Republican Assembly Campaign Committee funds can be used to settle a local political dispute," he said.
"I think it is an indefensible use."
"It underscores the need for sweeping reform of New York's disgraceful campaign finance system."
Kolb said the use of the funds in this way was a unique situation.
"I think this is a once-in-a-blue-moon expenditure," he said.
"I don't believe it has happened before and will never happen again."
Schenectady County resident Edward Lurie, who served for 18 years through 2007 as executive director of the Senate Republican Campaign Committee, said such an expense for a staffer never occurred on his watch.
But he said he understood using campaign funds from the legislative accounts for local races in the district of the leader.
"Charity begins at home," he said.
James M. Odato can be reached at 454-5083 or jodato@timesunion.com.
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
Last updated: 11:37 p.m., Wednesday, April 22, 2009
ALBANY Schenectady County Assemblyman James Tedisco's closest staffer used more than $32,500 raised for Assembly Republican campaigns to pay his personal legal bills, according to documents obtained by the Times Union and confirmed Wednesday by newly installed Minority Leader Brian Kolb.
Kolb said he was stunned to learn that William Sherman arranged for a check for $32,536 to be issued from the Republican Assembly Campaign Committee housekeeping account last July, under authorization from Tedisco.
The private agreement between Tedisco and his top political advisor was unknown to Kolb or the 39 other members of the minority conference until Wednesday, Kolb said, because Tedisco never brought it up.
Kolb said members learned about the highly unusual transaction Wednesday morning when they received documents similar to those obtained by the Times Union copies of the check from the account and a note from Sherman on Assembly stationary identifying the money be for his half of the costs of a defamation lawsuit filed against him and another Schenectady County Republican who ran for the county legislature in 2005.
The materials were sent anonymously and copied to the Albany County District Attorney and the state Attorney General's offices.
Aides to those officials said the materials were received and under review.
The check was to Hiscock & Barclay, the law firm that employs Assemblyman Will Barclay, who is a co-chairman of the Republican Assembly Campaign Committee.
Sherman's note told the recipients of the check, "as we discussed my payment is to be held in the strictest of confidence."
Kolb called the expenses legitimate since all members of the conference are concerned with the free speech issues raised in the suit, in which the Mallozzi family charged defamation against Sherman and Joseph Suhrada for the negative materials they generated during their run for county office.
In December, a state Supreme Court judge found for the defendants and ordered the Mallozzis to pay legal fees for the two Republicans, which Sherman at the time estimated above $80,000; it is unclear if that judgment has been paid.
Kolb said Barclay and Assemblyman Robert Oaks, RACC's co-chairman, were unaware of Sherman's actions.
Neither member returned calls for comment.
Sherman was also unresponsive on Wednesday.
Asked twice to discuss the matter, Tedisco still a candidate for the 20th Congressional District seat said he would need to check his schedule to find time for an interview.
He stepped down as minority leader earlier this month, leading to Kolb's ascension to the post April 6.
Tedisco "made that decision on behalf of Bill," Kolb said of the payment.
"It was done to defend one of our key employees."
"I would not have done the same thing."
Kolb said he has a different management style than Tedisco, and any such expenditure from the campaign accounts of the GOP would first have to be discussed with all members.
He said members were "surprised" to learn of the expenditure.
"It was more than surprised," said one senior member of the conference, who spoke on the condition of anonymity.
"They went crazy."
"He's being diplomatic."
Some members complained that they could not get their legal bills arising from campaigns such as petition challenges or their personal debts to their campaigns covered by RACC, a member said.
The expense does show up on the January report of the RACC account, but it doesn't disclose that it is for Sherman's costs.
Kolb said he doesn't know if Sherman will be required to pay back the expense.
He also said he is not disturbed at the $10,000 in extra pay RACC made to Sherman, even though he described Sherman as a volunteer.
Sherman, whose Assembly salary was $144,590 as of July, announced he was leaving the Assembly last May but changed his mind within a few days, and stayed with Tedisco as chief of staff.
He was instrumental in running campaigns last fall.
Kolb, who has kept Sherman as chief of staff, said that the extra money Sherman received is probably an underpayment for the many hours he has put in to help Republicans at election time.
The use of campaign funds for a staffer may be allowed under state campaign laws, said Robert Brehm, a spokesman for the Board of Elections.
Legal fees arising from running for office can be paid from political funds, he said.
It is unclear if the law requires that such fees must originate with a candidate from the committee for which the money was raised.
Blair Horner, legislative director for the New York Public Interest Research Group, said the Sherman matter is an egregious misuse of campaign dollars that may indeed be within the law.
"I'm stunned that the Republican Assembly Campaign Committee funds can be used to settle a local political dispute," he said.
"I think it is an indefensible use."
"It underscores the need for sweeping reform of New York's disgraceful campaign finance system."
Kolb said the use of the funds in this way was a unique situation.
"I think this is a once-in-a-blue-moon expenditure," he said.
"I don't believe it has happened before and will never happen again."
Schenectady County resident Edward Lurie, who served for 18 years through 2007 as executive director of the Senate Republican Campaign Committee, said such an expense for a staffer never occurred on his watch.
But he said he understood using campaign funds from the legislative accounts for local races in the district of the leader.
"Charity begins at home," he said.
James M. Odato can be reached at 454-5083 or jodato@timesunion.com.
"Capital Region home sales tumble"
By ERIC ANDERSON, Deputy business editor, Albany, New York Times Union
Last updated: 11:01 a.m., Thursday, April 23, 2009
The Greater Capital Association of Realtors this morning reported sales of single-family homes in an 11-county area that includes the Capital Region fell 27 percent from year-earlier levels in March, and are down 29 percent for the first quarter.
The median sale price in March was off 7 percent and the average price fell 9 percent.
The data mirror national trends as the recession continues.
Realtors said a rebound in consumer confidence was needed to revive sales.
"The first quarter of 2009 ended much the same as it started with slow sales and moderately decreased housing values," said Sandra Nardoci, the association's president.
"However, what we hear from our members is encouraging and points to an improving market as soon as consumers feel the overall economy has stabilized and turned the corner towards recovery."
By ERIC ANDERSON, Deputy business editor, Albany, New York Times Union
Last updated: 11:01 a.m., Thursday, April 23, 2009
The Greater Capital Association of Realtors this morning reported sales of single-family homes in an 11-county area that includes the Capital Region fell 27 percent from year-earlier levels in March, and are down 29 percent for the first quarter.
The median sale price in March was off 7 percent and the average price fell 9 percent.
The data mirror national trends as the recession continues.
Realtors said a rebound in consumer confidence was needed to revive sales.
"The first quarter of 2009 ended much the same as it started with slow sales and moderately decreased housing values," said Sandra Nardoci, the association's president.
"However, what we hear from our members is encouraging and points to an improving market as soon as consumers feel the overall economy has stabilized and turned the corner towards recovery."
"$42,500 cost draws audit of GOP fund - Assembly minority leader asks study after Tedisco taps account for aide"
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published in print: Friday, April 24, 2009
ALBANY Assembly Minority Leader Brian Kolb has ordered an independent audit of the Republican Assembly Campaign Committee's accounts that his predecessor dipped into to give the top aide of the conference $32,500 for personal legal fees and $10,000 in extra pay.
Kolb said an "outside, independent auditor will look at the books."
He said he called for the audit even before he and the other 39 members of the conference found out Wednesday that former Assembly Minority Leader James Tedisco granted Chief of Staff William Sherman RACC funds to pay legal bills he incurred from his failed 2005 run for Schenectady County Legislature.
Sherman was also placed on the RACC payroll at $10,000 annually last year while his Assembly pay was also being bolstered.
"He will no longer receive the $10,000 from RACC," said Josh Fitzpatrick, a spokesman for Kolb said late Thursday.
"It was leader Kolb's decision to discontinue the arrangement that had been made under Leader Tedisco in regard to this."
Kolb said he planned the audit shortly after taking over for Tedisco April 6.
Tedisco stepped aside earlier this month to "focus on his transition to Congress."
He has been competing for the 20th Congressional District seat and is behind as paper ballots are counted.
He has declined requests for interviews the past two days.
Sherman has not returned calls.
His lawyer and the lawyer for plaintiffs' who unsuccessfully sued Sherman and another Republican candidate for allegedly defaming them during their political campaign would not discuss whether Sherman has been paid the legal fees awarded in last December's ruling.
Fitzpatrick said Kolb has not selected an auditor yet, but he seeks an accredited CPA firm from the Capital Region.
But the housekeeping account used to pay the legal bills was the wrong one to tap for such expenses, said Robert Brehm, a spokesman for the state Board of Elections.
He said the general RACC account is the appropriate reserve to pay legal bills of a candidate.
But disclosures on expenses from that account require greater detail, including the name of the candidate whose bills were being paid.
The housekeeping account, he said, calls for less specific expense information in public disclosures.
Housekeeping funds are supposed to be used for supplies, staff and costs not associated with a candidate.
Sherman's salary was $128,180 before he announced in May plans to quit the Assembly to join a charter school company.
His salary rose to $144,600 in June and to $148,939 in January after he changed his mind and remained as Tedisco's top staffer.
He also used a state car and often had a driver.
Fitzpatrick declined to say if the compensation increase was meant to induce Sherman to continue his Assembly career.
"You have to speak to Jim Tedisco about that," he said.
A GOP member said that the lengthy private conference Kolb conducted immediately after session Wednesday to discuss the Sherman legal expense payment suggested colleagues are withdrawing support for Tedisco.
"I have never seen such a dramatic fall in popularity," the Assembly member said, recounting that Tedisco was "very defensive" when asked about his decision to use the RACC funds and not disclose it to the members.
"He took the tack that . . . 'Bill works hard, I've worked hard; I've given hundreds of thousands of dollars from my campaign" toward GOP races.
Members found out about the Sherman's arrangement after receiving anonymous letters Wednesday.
The packages contained a copy of the July 17 check and of a note from Sherman on Sherman's Assembly stationery to recipients at the Hiscock & Barclay law firm.
The missive said the RACC funds were to cover his expenses in the defamation suit and that the payment "be held in the strictest of confidence."
Kolb said the note was not written to keep members in the dark but involved the dynamics between Sherman and the co-defendant in the case, Joseph Suhrada.
Sherman and Suhrada were sued for critical remarks targeting the Mallozzi family of Schenectady County in their campaign materials.
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published in print: Friday, April 24, 2009
ALBANY Assembly Minority Leader Brian Kolb has ordered an independent audit of the Republican Assembly Campaign Committee's accounts that his predecessor dipped into to give the top aide of the conference $32,500 for personal legal fees and $10,000 in extra pay.
Kolb said an "outside, independent auditor will look at the books."
He said he called for the audit even before he and the other 39 members of the conference found out Wednesday that former Assembly Minority Leader James Tedisco granted Chief of Staff William Sherman RACC funds to pay legal bills he incurred from his failed 2005 run for Schenectady County Legislature.
Sherman was also placed on the RACC payroll at $10,000 annually last year while his Assembly pay was also being bolstered.
"He will no longer receive the $10,000 from RACC," said Josh Fitzpatrick, a spokesman for Kolb said late Thursday.
"It was leader Kolb's decision to discontinue the arrangement that had been made under Leader Tedisco in regard to this."
Kolb said he planned the audit shortly after taking over for Tedisco April 6.
Tedisco stepped aside earlier this month to "focus on his transition to Congress."
He has been competing for the 20th Congressional District seat and is behind as paper ballots are counted.
He has declined requests for interviews the past two days.
Sherman has not returned calls.
His lawyer and the lawyer for plaintiffs' who unsuccessfully sued Sherman and another Republican candidate for allegedly defaming them during their political campaign would not discuss whether Sherman has been paid the legal fees awarded in last December's ruling.
Fitzpatrick said Kolb has not selected an auditor yet, but he seeks an accredited CPA firm from the Capital Region.
But the housekeeping account used to pay the legal bills was the wrong one to tap for such expenses, said Robert Brehm, a spokesman for the state Board of Elections.
He said the general RACC account is the appropriate reserve to pay legal bills of a candidate.
But disclosures on expenses from that account require greater detail, including the name of the candidate whose bills were being paid.
The housekeeping account, he said, calls for less specific expense information in public disclosures.
Housekeeping funds are supposed to be used for supplies, staff and costs not associated with a candidate.
Sherman's salary was $128,180 before he announced in May plans to quit the Assembly to join a charter school company.
His salary rose to $144,600 in June and to $148,939 in January after he changed his mind and remained as Tedisco's top staffer.
He also used a state car and often had a driver.
Fitzpatrick declined to say if the compensation increase was meant to induce Sherman to continue his Assembly career.
"You have to speak to Jim Tedisco about that," he said.
A GOP member said that the lengthy private conference Kolb conducted immediately after session Wednesday to discuss the Sherman legal expense payment suggested colleagues are withdrawing support for Tedisco.
"I have never seen such a dramatic fall in popularity," the Assembly member said, recounting that Tedisco was "very defensive" when asked about his decision to use the RACC funds and not disclose it to the members.
"He took the tack that . . . 'Bill works hard, I've worked hard; I've given hundreds of thousands of dollars from my campaign" toward GOP races.
Members found out about the Sherman's arrangement after receiving anonymous letters Wednesday.
The packages contained a copy of the July 17 check and of a note from Sherman on Sherman's Assembly stationery to recipients at the Hiscock & Barclay law firm.
The missive said the RACC funds were to cover his expenses in the defamation suit and that the payment "be held in the strictest of confidence."
Kolb said the note was not written to keep members in the dark but involved the dynamics between Sherman and the co-defendant in the case, Joseph Suhrada.
Sherman and Suhrada were sued for critical remarks targeting the Mallozzi family of Schenectady County in their campaign materials.
"Paterson wants study before property-tax hike - Measure seen as first step in effort at reform"
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
Last updated: 12:38 p.m., Monday, April 27, 2009
NISKAYUNA Gov. David Paterson used the home of Michael and Joan Pritchard as the backdrop to announce a new executive order, already signed, that requires the state to conduct a public accounting of the fiscal effects of any new measure affecting New York's real-property tax rates.
The Pritchards home, just off Route 7 in Niskayuna, is subject to relatively high property tax rates.
The measure, one of several strategies recommended a recent property-tax relief commission headed by Nassau County Executive Tom Suozzi, would require any piece of legislation or state regulation to come with research into its implications for real-property taxpayers.
This morning's press conference could turn out to be the opening salvo in Paterson's efforts to move forward on the issue a popular cause for a governor facing sagging poll numbers and unlikely prospects for his election in 2010.
In comments after his announcement Monday morning, Paterson also discussed fiscal trends for the state none of them promising.
In his first extensive statements on fiscal conditions since the passage of the enacted budget earlier this month, Paterson said the projected deficit for the next fiscal year which begins in April 2010 currently stands at $2.7 billion, and noted that personal income tax revenue for this fiscal year was running sharply down from last year.
This year's budget included a rise in the state income tax on affluent New Yorkers.
Last week, state budget director Laura Anglin a staunch ally of Paterson's during the recent financial crisis announced that she would be stepping down in July to take over as head of the Commission on Independent Colleges and Universities.
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
Last updated: 12:38 p.m., Monday, April 27, 2009
NISKAYUNA Gov. David Paterson used the home of Michael and Joan Pritchard as the backdrop to announce a new executive order, already signed, that requires the state to conduct a public accounting of the fiscal effects of any new measure affecting New York's real-property tax rates.
The Pritchards home, just off Route 7 in Niskayuna, is subject to relatively high property tax rates.
The measure, one of several strategies recommended a recent property-tax relief commission headed by Nassau County Executive Tom Suozzi, would require any piece of legislation or state regulation to come with research into its implications for real-property taxpayers.
This morning's press conference could turn out to be the opening salvo in Paterson's efforts to move forward on the issue a popular cause for a governor facing sagging poll numbers and unlikely prospects for his election in 2010.
In comments after his announcement Monday morning, Paterson also discussed fiscal trends for the state none of them promising.
In his first extensive statements on fiscal conditions since the passage of the enacted budget earlier this month, Paterson said the projected deficit for the next fiscal year which begins in April 2010 currently stands at $2.7 billion, and noted that personal income tax revenue for this fiscal year was running sharply down from last year.
This year's budget included a rise in the state income tax on affluent New Yorkers.
Last week, state budget director Laura Anglin a staunch ally of Paterson's during the recent financial crisis announced that she would be stepping down in July to take over as head of the Commission on Independent Colleges and Universities.
"Papers detail Bruno talks - Former senator signed three letters waiving statute of limitations"
By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union
First published in print: Monday, April 27, 2009
ALBANY Former Senate Majority Leader Joseph L. Bruno announced he was leaving state government last June at a time when he was in deep discussions with federal prosecutors about his impending indictment on criminal charges.
Documents filed late last week in U.S. District Court show that on June 30, a week after Bruno announced he would not seek re-election after a 32-year state Senate career, the Brunswick Republican signed the first of three letters waiving a five-year statute of limitations on his alleged criminal conduct.
The letters began with an acknowledgement by Bruno that he was ''a target of an investigation ... with respect to a number of matters.''
''I understand that a final decision with respect to seeking criminal indictment in this matter will be delayed,'' states the letter, signed on June 30 by Bruno and his attorney, William J. Dreyer of Albany.
''By signing this document, I knowingly and voluntarily waive any rights I may have under the statute of limitations regarding charges which may result from the investigation.''
Bruno signed two additional letters, on Sept. 26 and Nov. 17, extending his waiver of the statute of limitations.
Two attorneys familiar with the case said the waivers are an indication that Bruno's defense lawyers were negotiating with federal prosecutors and trying to head off an indictment.
On Jan. 23, Bruno, 80, was indicted on eight felony counts of theft of honest services under federal mail and wire fraud statutes.
The indictment spells out suspicious business and political dealings of Bruno's dating to 1993 and continuing through 2006.
If convicted on any of the charges Bruno could face a maximum sentence of 20 years in prison.
Meanwhile, the former senator's attorneys have asked U.S. District Judge Gary L. Sharpe for permission to file an oversize memorandum when they challenge the constitutionality and other legal issues related to the government's case, seeking dismissal of the indictment.
Abbe D. Lowell, an attorney for Bruno from Washington, D.C., also filed another letter last week saying the defense attorneys would like an additional three months to file the memorandum and that it would be difficult to meet a court-imposed May 1 motion deadline.
''The United States has produced more than forty-three thousand (43,000) documents, amounting to dozens of boxes' worth of materials that must be reviewed,'' Lowell wrote, adding: ''Mr. Bruno is in the process of getting an additional 50 to 70 boxes of documents.''
Any delays would likely push back Bruno's criminal trial, which is tentatively scheduled to begin in November.
Assistant U.S. Attorney Elizabeth Coombe filed a letter with the court on Friday opposing Lowell's request for more time to review the government's evidence.
She said the additional boxes of documents have been available to the defense team for more than two months.
The next issue looming in the case is a pending defense motion that attacks the language in the indictment and characterizes portions of the 35-page document as an attempt by the government ''to prejudice Mr. Bruno and confuse the jury.''
The motion also alleged federal prosecutors have sought to amplify their allegations by including conduct by Bruno that predates a five-year statute of limitations.
The charges outline numerous instances where Bruno, while occupying the state's powerful position of Senate majority leader, allegedly concealed payments steered to him personally by people and organizations seeking an advantage in state politics.
The indictment claims that from 1993 through 2005, all of Bruno's annual financial disclosures, required by the state's Ethics in Government law, contained false, misleading and incomplete information.
The indictment also outlines a series of deals and business arrangements dating back to 1993 in which Bruno allegedly profited from companies or individuals who had an interest in state government.
Bruno also steered labor unions to invest in companies that were paying him hundreds of thousands of dollars as a ''consultant,'' according to the indictment.
The government accuses Bruno of receiving more than $3.1 million in alleged payoffs between 1993 and 2006.
Much of the money was paid to Bruno through a private consulting business he operated from his Brunswick home.
A key focus of the goverment's case is whether Bruno provided legitimate consulting services for the payments he received.
The indictment was the culmination of a three-year FBI investigation.
No one else is facing charges in connection with the case.
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union
First published in print: Monday, April 27, 2009
ALBANY Former Senate Majority Leader Joseph L. Bruno announced he was leaving state government last June at a time when he was in deep discussions with federal prosecutors about his impending indictment on criminal charges.
Documents filed late last week in U.S. District Court show that on June 30, a week after Bruno announced he would not seek re-election after a 32-year state Senate career, the Brunswick Republican signed the first of three letters waiving a five-year statute of limitations on his alleged criminal conduct.
The letters began with an acknowledgement by Bruno that he was ''a target of an investigation ... with respect to a number of matters.''
''I understand that a final decision with respect to seeking criminal indictment in this matter will be delayed,'' states the letter, signed on June 30 by Bruno and his attorney, William J. Dreyer of Albany.
''By signing this document, I knowingly and voluntarily waive any rights I may have under the statute of limitations regarding charges which may result from the investigation.''
Bruno signed two additional letters, on Sept. 26 and Nov. 17, extending his waiver of the statute of limitations.
Two attorneys familiar with the case said the waivers are an indication that Bruno's defense lawyers were negotiating with federal prosecutors and trying to head off an indictment.
On Jan. 23, Bruno, 80, was indicted on eight felony counts of theft of honest services under federal mail and wire fraud statutes.
The indictment spells out suspicious business and political dealings of Bruno's dating to 1993 and continuing through 2006.
If convicted on any of the charges Bruno could face a maximum sentence of 20 years in prison.
Meanwhile, the former senator's attorneys have asked U.S. District Judge Gary L. Sharpe for permission to file an oversize memorandum when they challenge the constitutionality and other legal issues related to the government's case, seeking dismissal of the indictment.
Abbe D. Lowell, an attorney for Bruno from Washington, D.C., also filed another letter last week saying the defense attorneys would like an additional three months to file the memorandum and that it would be difficult to meet a court-imposed May 1 motion deadline.
''The United States has produced more than forty-three thousand (43,000) documents, amounting to dozens of boxes' worth of materials that must be reviewed,'' Lowell wrote, adding: ''Mr. Bruno is in the process of getting an additional 50 to 70 boxes of documents.''
Any delays would likely push back Bruno's criminal trial, which is tentatively scheduled to begin in November.
Assistant U.S. Attorney Elizabeth Coombe filed a letter with the court on Friday opposing Lowell's request for more time to review the government's evidence.
She said the additional boxes of documents have been available to the defense team for more than two months.
The next issue looming in the case is a pending defense motion that attacks the language in the indictment and characterizes portions of the 35-page document as an attempt by the government ''to prejudice Mr. Bruno and confuse the jury.''
The motion also alleged federal prosecutors have sought to amplify their allegations by including conduct by Bruno that predates a five-year statute of limitations.
The charges outline numerous instances where Bruno, while occupying the state's powerful position of Senate majority leader, allegedly concealed payments steered to him personally by people and organizations seeking an advantage in state politics.
The indictment claims that from 1993 through 2005, all of Bruno's annual financial disclosures, required by the state's Ethics in Government law, contained false, misleading and incomplete information.
The indictment also outlines a series of deals and business arrangements dating back to 1993 in which Bruno allegedly profited from companies or individuals who had an interest in state government.
Bruno also steered labor unions to invest in companies that were paying him hundreds of thousands of dollars as a ''consultant,'' according to the indictment.
The government accuses Bruno of receiving more than $3.1 million in alleged payoffs between 1993 and 2006.
Much of the money was paid to Bruno through a private consulting business he operated from his Brunswick home.
A key focus of the goverment's case is whether Bruno provided legitimate consulting services for the payments he received.
The indictment was the culmination of a three-year FBI investigation.
No one else is facing charges in connection with the case.
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
"Chiefs see crisis in cuts"
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published in print: Monday, April 27, 2009
Gov. David Paterson's call for cutting 8,700 jobs is drawing some carefully worded responses from commissioners of state agencies.
Department of Transportation Commissioner Astrid Glynn, for instance, wrote an April 20 missive to DOT employees about trying to save the 624 jobs Paterson wants to be cut at the agency.
"While ... I recognize that this plan is required to address the dramatic declines in revenues caused by the nationwide fiscal crisis, the need to increase infrastructure investment for all parts of our transportation system has not lessened," Glynn wrote shortly before quitting.
She noted that federal stimulus money arriving will increase the transportation project spending by 40 percent from $1.6 billion to $2.3 billion and that a tight schedule for the work is required under federal guidelines.
"A significant reduction in the department's staff, even if achieved through attrition, will only serve to further constrain the department's capacity to successfully deliver this record-level program as well as compete for billions in additional discretionary highway, public transportation, and intercity and high-speed passenger rail funding," Glynn said.
The department needs its forces for snow and ice control, preventive maintenance, overseeing local projects and to design projects for the future, she added.
Office for Mental Health Commissioner Michael F. Hogan's April 17 message to his work force which must be reduced by 1,054 by July 1 made note of demands on services from events such as the mass murders in Binghamton and the teen suicides in Schenectady.
"We face the threat of layoffs and the ensuing chaos in state services," he said.
"All we can say with certainty in OMH is that cuts in service that would be broadly viewed as unacceptable will not take place."
'Critical' job added
Even though the Office of Mental Retardation and Developmental Disabilities has been directed to cut 1,434 jobs and despite a months-long hiring freeze, the office hired a director of communications on April 6.
Coming from United Way's marketing department, Herm Hill, 56, will receive an annual salary of $101,449.
Erroll Cockfield, a spokesman for Paterson, said the post was considered critical to the operation of the agency and that the Division of the Budget granted a waiver from the hiring freeze on March 9 about two weeks before Paterson announced his job cuts.
Waiver requests now are being considered a bit differently, Cockfield said.
"We will continue to make these decisions with the current economic climate in mind and also in the context of the work force reduction plans ... from state agencies."
Some pay hikes
While Paterson rescinded 3 percent pay hikes for nonunion workers and seeks to take away raises negotiated with unions, some public authorities are set to increase wages for their workers.
The New York Thruway Authority will be giving 3 percent boosts this year to all employees, except for the executive director and 13 other top officers.
The Metropolitan Transit Authority is set to give 1.5 percent raises to its at-will (nonunion) workers.
A spokesman hedged last week when asked if the authority will deliver on the promise.
James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.
By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published in print: Monday, April 27, 2009
Gov. David Paterson's call for cutting 8,700 jobs is drawing some carefully worded responses from commissioners of state agencies.
Department of Transportation Commissioner Astrid Glynn, for instance, wrote an April 20 missive to DOT employees about trying to save the 624 jobs Paterson wants to be cut at the agency.
"While ... I recognize that this plan is required to address the dramatic declines in revenues caused by the nationwide fiscal crisis, the need to increase infrastructure investment for all parts of our transportation system has not lessened," Glynn wrote shortly before quitting.
She noted that federal stimulus money arriving will increase the transportation project spending by 40 percent from $1.6 billion to $2.3 billion and that a tight schedule for the work is required under federal guidelines.
"A significant reduction in the department's staff, even if achieved through attrition, will only serve to further constrain the department's capacity to successfully deliver this record-level program as well as compete for billions in additional discretionary highway, public transportation, and intercity and high-speed passenger rail funding," Glynn said.
The department needs its forces for snow and ice control, preventive maintenance, overseeing local projects and to design projects for the future, she added.
Office for Mental Health Commissioner Michael F. Hogan's April 17 message to his work force which must be reduced by 1,054 by July 1 made note of demands on services from events such as the mass murders in Binghamton and the teen suicides in Schenectady.
"We face the threat of layoffs and the ensuing chaos in state services," he said.
"All we can say with certainty in OMH is that cuts in service that would be broadly viewed as unacceptable will not take place."
'Critical' job added
Even though the Office of Mental Retardation and Developmental Disabilities has been directed to cut 1,434 jobs and despite a months-long hiring freeze, the office hired a director of communications on April 6.
Coming from United Way's marketing department, Herm Hill, 56, will receive an annual salary of $101,449.
Erroll Cockfield, a spokesman for Paterson, said the post was considered critical to the operation of the agency and that the Division of the Budget granted a waiver from the hiring freeze on March 9 about two weeks before Paterson announced his job cuts.
Waiver requests now are being considered a bit differently, Cockfield said.
"We will continue to make these decisions with the current economic climate in mind and also in the context of the work force reduction plans ... from state agencies."
Some pay hikes
While Paterson rescinded 3 percent pay hikes for nonunion workers and seeks to take away raises negotiated with unions, some public authorities are set to increase wages for their workers.
The New York Thruway Authority will be giving 3 percent boosts this year to all employees, except for the executive director and 13 other top officers.
The Metropolitan Transit Authority is set to give 1.5 percent raises to its at-will (nonunion) workers.
A spokesman hedged last week when asked if the authority will deliver on the promise.
James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.
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