THE NEW YORK POST

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

By GEOFF EARLE Post Correspondent

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

geoff.earle@nypost.com

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

THE NEW YORK POST

"PATAKI HEADS FOR AIR CRA$H"

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

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

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

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

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

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

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

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

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

Pataki's PAC eventually paid for that flight.

fredric.dicker@nypost.com

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

ALBANY, NEW YORK TIMES UNION CAPITAL CONNECTION BLOG:

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

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

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

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

AND ….

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

And so …

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

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

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

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG

"Cholakis and Mahar make it official"

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG COMMENTS

Ah, yes!

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

Yes, yes, yes!

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

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

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

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

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

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

That is PEOPLE v. PLANTE.

Apparently, it is pro se.

Mr. McNally, are you here for the PEOPLE?

This is a legal question.

I don’t see that argument is necessary!

MCNALLY: This is a Motion to Dismiss!

JUDGE: A Motion to Reargue a Motion to Dismiss!

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

JUDGE: That is your position?

MCNALLY: That is my position!

JUDGE: THEN YOU CONSENT TO THE DISMISSAL?

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

JUDGE: How closely did you read the decision?

MCNALLY: Very!

JUDGE: The District Attorney consented?

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

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

MCNALLY: No further evidence, Judge!

JUDGE: Then it is dismissed!

MCNALLY: (to PLANTE) Good job!

PLANTE: Thank you, Your Honor!

(Whereupon, matter concluded)

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

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

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

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG COMMENTS

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

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

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

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

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

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

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

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

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

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

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

end quotes

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

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

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

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

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

Dear Judge Elliott,

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

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

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

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

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

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

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

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

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

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

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

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

ALBANY, NEW YORK TIMES UNION CAPITAL CONNECTION BLOG COMMENTS

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

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

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

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

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

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

And so ….

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

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

http://www.CholakisForDA.com

THE NEW YORK TIMES EMPIRE ZONE

May 16, 2007, 4:27 pm

"Spitzer and Leaders Meet, Fight"

By Danny Hakim

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

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

And they didn’t stop.

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

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

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

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

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

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

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

That led to this interchange (among others):

GOVERNOR: "Joe, can I, look."

"Let me intercede one second.”

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

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

BRUNO: “To do what?”

GOV: “To say thanks, to give credit…”

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

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

"This is an issue…”

BRUNO: “I’m not making light of it…”

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

Mr. Bruno seethed through much of the proceedings.

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

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

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

"But we’re not getting a bill done.”

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

Mr. Bruno smiled and made a kissie-face.

Comments so far...

May 16th, 2007 5:31 pm

This is the highest of high theater!

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

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

And so ….

— Posted by Livyjr

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG

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

And the legislative leaders just live in it.

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

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

Spitzer: Joe and Shelly, listen.

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

Spitzer: Joe.

Shelly.

Guys.

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

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

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

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

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

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

Comments

What a farce this all is ....

What an absolute farce!

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

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

A FARCE is OUR government ....

OUR government is a FARCE .....

THEREFORE ...

Q.E.D. ....

ERGO ....

We all must be damn fools!

And so ....

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

ALBANY, NEW YORK TIMES UNION

"Bruno Mocks Tedisco"

May 16, 2007 at 5:38 pm by James M. Odato

At the conclusion of the leaders’ meeting, Senate Majority Leader Joseph Bruno puckered his lips and pointed his face at Assembly Minority Leader James Tedisco making kissy, kissy sounds.

Coming amid Bruno’s frustration with the session, Bruno was clearly not supporting Tedicso’s praise of the Democratic governor.

The puckering came as Tedisco complemented Gov. Eliot Spitzer for calling the leaders’ meetings and getting some things accomplished.

A few minutes later, Bruno criticized Spitzer as a steamroller who has rolled over Assembly members and Senate Democrats, usurping their power to set agendas and set the format for hammering out legislation.

“What are we?"

"Is the executive now taking over the Legislature?"

"Is that’s what’s going on?” Bruno asked reporters.

“We stand by Jim’s statement that these meetings are productive and that it’s important they’re done in public,'’ said Tedisco spokesman William Sherman.

“People who choose to put the process down can do that, but any public ridicule is not going to cause us to back down.”

http://blogs.timesunion.com/capitol/?p=4655#comments

THE NEW YORK POST

"GOP LAUNCHES BLITZ ON SPITZ - CALL HIM REFORM 'HYPOCRITE'"

By FREDRIC U. DICKER State Editor

JOSEPH BRUNO - Says Eliot's a "fraud."

May 17, 2007 -- ALBANY - Top state Republicans ripped Gov. Spitzer yesterday as a "hypocrite" for proposing campaign-finance reforms that he and his wife Silda Wall routinely violate.

"I'm going to keep calling him and everyone around him a hypocrite," said Senate Majority Leader Joseph Bruno (R-Rensselaer.)

"He has two sets of rules, one for himself and one for everybody else . . ."

"It's a fraud," Bruno continued.

Bruno was responding to a question on Albany's WROW-AM about The Post's disclosure yesterday that Silda Spitzer was sponsoring a ritzy, Central Park South, Democratic Party fund-raiser for which individuals - and controversial limited-liability corporations - are being solicited for up to $94,200 each.

Spitzer has imposed a contribution limit of $10,000 on his own re-election campaign while calling for a ban on all contributions by LLCs.

Assembly Minority Leader James Tedisco (R-Schenectady), noting the disconnect between the governor's proposals and his political actions, said, "Either he's getting bad advice or he thinks he's above the recommendations he's making."

"You can't just talk the talk," Tedisco continued.

Spitzer spokeswoman Christine Anderson insisted the fund-raising, including by the state's first lady, did not contradict the governor's commitment to reform.

"The governor voluntarily imposed on himself the most stringent campaign-finance restrictions in the state, but doesn't expect other candidates and the state Democratic Party to unilaterally disarm," said Anderson.

Bruno, meanwhile, followed up his attack on Spitzer at a public "leaders meeting" called by the governor to advance his legislative agenda.

Bruno called the gathering "a total waste of time" after Spitzer insisted that individual members of the Legislature be allowed to make presentations during what was supposed to be a negotiating session on major issues.

Spitzer, who held the meeting in the ornate Red Room next to his personal office, shot back, "This is my room and we'll play by my rules."

The Post disclosed last month that Spitzer, who has made campaign-finance reform a central focus of his first year in office, was encouraging would-be contributors to his re-election campaign to "bundle" - raise from others - as much as $1 million - in exchange for special access to him.

He's also invited contributors to his upcoming birthday party fund-raiser to bundle $100,000 in order to become a "chair" of the event.

For that much money, the "bundler" receives four seats at a private dinner with the governor and his or her name is listed on the official event program.

fredric.dicker@nypost.com

http://www.nypost.com/seven/05172007/news/...tate_editor.htm

THE NEW YORK TIMES EMPIRE ZONE:

What Eliot “STEAMROLLER” Spitzer is doing here, from a countrypersons’s perspective, is staging a FARCE on our dime ……

Yesterday, Eliot “STEAMROLLER” Spitzer usurped something which in our estimation he did not have a right to usurp, which is our legislature’s time to do their business when they are in session on the people’s business!

Eliot “STEAMROLLER” Spitzer wanted a charade where Joe Bruno would be seen as the “STEAMROLLER’S” dancing bear, with a collar around its neck, and a chain from that collar to Eliot Spitzer’s firm, guiding hand, while in his other hand, the “STEAMROLLER” holds a goad with which he prods Joe Bruno to dance for the crowd!

A farce!

And now that wasted time is gone, and with it, the chances that the legislature can accomplish anything in the time it has left to it in this session ….

Which robs us of our right to have our legislature working on our business while it is in session without Eliot “STEAMROLLER” Spitzer interfering in that business to stage his farce ….

And so ….

— Posted by Livyjr

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

WXXI

"Tensions Rise at Leaders Meeting"

Karen De Witt

ALBANY, NEW YORK (2007-05-16) Governor Spitzer and legislative leaders agreed on a bill to crack down on human trafficking, and made progress on some other issues.

But tensions between the Governor and Senate Majority Leader Joe Bruno left Bruno threatening that he would not return to repeat the experience.

The first item on the agenda at the leaders meeting called by Governor Spitzer was to have been a bill to crack down on human trafficking.

But the measure had been agreed to overnight.

Nevertheless, Spitzer permitted Democratic rank and file legislators, who had been invited to the meeting, to proceed with remarks on the bill anyway.

The self-congratulatory comments irked Senate Majority Leader Joe Bruno, who had not brought any of his Republican members with him.

"There's some critically important issues that we have to get to, and you want to bring up three of your members to make speeches?" Bruno complained.

"Give me a break."

Legislative leaders were permitted to bring committee chairs and ranking committee members with them to the meeting.

But the sponsor of the anti-human trafficking bill in the Senate, Senator Frank Padavan, said he was had not been invited.

Governor Spitzer tried to quell the quarrelling that broke out several times during the meeting by pointing out, on three different occasions, that he was in charge.

"This is my room and we will play by my rules," the governor insisted.

The discussion for the most part was civil, with some progress made toward reforming the Wicks Law, which strictly limits the size of public construction project contracts, and which opponents say has become too costly.

The meeting included lengthy comments from ranking members on energy topics and a power plant siting bill.

And they agreed to revise Spitzer's bill on healthy foods in schools to make it more flexible to changing nutrition standards.

Toward the end of nearly 90 minute meeting, Senator Bruno again objected.

He called the meeting a "total waste of time", and accused Spitzer of "putting on a show".

He demanded a discussion on improving the upstate economy.

The Governor told the Senate Leader that he would not let him "derail" the meeting.

"If you think your patience is tried, trust me, mine has been tried more," Spitzer said.

"And, according to reputation around here, I'm more challenged in that department than you."

"I don't think that's anything to brag about," Bruno retorted.

"And if you want to have a contest, don't challenge me."

Afterward, Assembly Speaker Sheldon Silver, a Democrat, said he thought the meeting, and the previous leader's meeting, held a week ago, were productive, and forced the opposing sides to move things along.

For example, he says there's now consensus on renewing the upstate energy program for business known as Power for Jobs.

But Senator Bruno said Spitzer had used his hard edged style to bully the Democrats into going along with his ideas and his agenda for the leaders meeting.

"The governor describes himself as an f-in steamroller," Bruno said.

"Well he has f-in steamrolled over all his colleagues, apparently."

Another leaders meeting has been called for Monday, but the Senator said that if he doesn't get more input into the agenda, he might not bother to show up.

http://www.publicbroadcasting.net/wxxi/new...1083520§ionID=1

ALBANY, NEW YORK TIMES UNION CAPITAL CONNECTION BLOG COMMENTS:

With all due respect to The Nuclear Option and Independent, at this website:

http://www.commongroundcommonsense.org/for...mp;#entry687941

there is a copy of Feb 16 2007 e-mail communication from James N. Tedisco, Assembly Republican Leader, to one of the members of our disabled veteran’s community here in Rensselaer County, wherein James N. Tedisco, Assembly Republican Leader, stated as follows:

I have been made aware of at least fifty “secret slush funds” dating back to the 2000-2001 State Budget listed as lump sum allocations without specific projects or legislators identified.

These “slush funds” total nearly $3.4 billion, far surpassing the $200 million “member-item” fund.

These monies have been allocated in a manner not subject to full public scrutiny, a practice which must stop with the current Legislature and Executive.

We need greater transparency, accountability, and awareness.

end quotes

After that, we never heard another word from James N. Tedisco, Assembly Republican Leader on the subject ….

DEAD SILENCE!

We assume that he went and blew the whistle on these slush funds to the “STEAMROLLER”, and so, the “STEAMROLLER” gave James N. Tedisco, Assembly Republican Leader, a couple of these slush funds to manage for himself …..

And whatever did happen, which we would still like to know, it is a fact that James N. Tedisco, Assembly Republican Leader did go silent on the subject ….

And then there is the TU story “Spitzer overture derails budget - Insiders say governor’s attempt to get funds for legislative minorities stalls capital project plans” by JAY JOCHNOWITZ, State editor, first published: Wednesday, April 4, 2007, wherein is stated about Jimmy “THE SELL-OUT” Tedisco as follows:

ALBANY — As state budget talks were going down to the wire, Gov. Eliot Spitzer threw an unheard-of idea on the table: borrow tens of millions of dollars and give them to legislators in the Senate and Assembly minorities for projects in their districts

*******

Insiders from both sides of the political aisle said the money Spitzer wanted to give out — at least $60 million for the Assembly Republicans and Senate Democrats — was the Democratic governor’s way of saying thanks for lawmakers’ support.

Many of the lawmakers backed Spitzer’s push for New York City Finance Commissioner Martha Stark to succeed former state Comptroller Alan Hevesi following a fraud scandal.

Insiders in both the governor’s and legislative circles say Spitzer was grateful for support from Senate Democrats and promised them money for pet projects.

When Assembly Minority Leader James Tedisco got wind of that, they say, the Schenectady Republican pointed out to Spitzer that 25 of the 41 members of his party supported Stark, too.

end quotes

“JIMMY THE SELL-OUT” Tedisco, in action, selling out the people of the State of New York to “STEAMROLLER” Spitzer in exchange for some money for himself ....

But, hey, Jimmy has to make a living ….

And he is a Republican ….

So the sell-out part comes easy, or even natural ….

And so …

Comment by John Galt — May 17, 2007 @ 6:22 pm

http://blogs.timesunion.com/capitol/?p=4655#comments

NEW YORK BUSINESS.COM

"NYC unemployment hits 4.4% in April"

By: David Jones

Published: May 17, 2007 - 2:37 pm

New York City's unemployment rate rose to 4.4% in April, just slightly above its record low in March, according to seasonally adjusted figures from the state Labor Department released Thursday.

The latest figures also mark the ninth consecutive month that the city's unemployment rate has remained below 5%.

The March unemployment rate of 4.3% was the lowest rate in New York City since the department began collecting comparable data in 1976.

The unemployment rate in February was 4.8%.

New York state's unemployment rate edged up to 4.1% in April from 4% the previous month.

"In April 2007, the unemployment rates in New York state and New York City were below the comparable U.S. figure and remained low by historical standards," said David Trzaskos, director of the division of research and statistics, in a statement.

The nation's unemployment rate grew to 4.5% in April from 4.4% in March.

http://www.newyorkbusiness.com/apps/pbcs.d...70517008%2F1097

THE NEW YORK TIMES EMPIRE ZONE

May 17th, 2007 10:16 pm

And so … it looks to me like the Gov was trying to find common ground and has moved on.

Mr Tedesco appears to get it.

After all, if Mr Bruno had a good side to parade he ought to use the opportunity to do so instead of engaging in subterfuge.

I’ve got to believe that the counter-argument to the Gov’s policies is better than Mr Bruno presented.

I support the Gov and am a D, but academically, the GOP has to offer better ideas than to quibble about format.

I saw a lot of agreement between all sides, but now the GOP needs someone that can better present their unique and important contributions to the discussion.

— Posted by Mike from Grand Island

May 18th, 2007 6:19 am

If the purpose of government in the State of NY was to simply be another soap opera, which is about all that it is right now, then what took place in Albany with this Spitzer-itic charade the other day would be right in its proper place, like a scene from the “Secret Storm”, or “Days of Our Lives”, or something similar!

However, if government here in NYS is to really be “government”, as we, the people intended it to be, back in 1777, when we established our first constitution, then this charade in Albany the other day can be seen for exactly what it was, which is a farce staged by Eliot Spitzer!

A farce which did nothing for us upstate people but waste our time and money!

I don’t know how it is done in any other state of the union, but here in NYS, the governor does not control the legislature, as if he were its “boss”, nor does he control any individual legislator, as if he were their supervisor, and nowhere in our Constitution is Eliot Spitzer given any authority whatsoever to stage farces on our dime under the rubric of “Leader’s Meetings”, which is nothing but pure invention on the part of Eliot Spitzer!

And the last thing that we need in upstate NY is another governor who “invents” the “law” as he goes along!

Sadly, the school system in NYS appears to have stopped teaching NYS history and the NYS Constitution a long, long time ago, to the point that people in NYS today are or appear to be totally ignorant of the fact that we have a very long history here in NYS with “executives” who are prone to abuse the power of the office of “executive”, which is why, in our state Constitution, we have given the office of executive but little power, and what we have given the executive in our state Constitution is as follows from our own state archives:

New York’s constitution of 1777 created the office of governor “to take care that the laws are faithfully executed” and “to transact all necessary business with the officers of government.”

If Eliot Spitzer were to actually “take care that the laws are faithfully executed”, that farce the other day would never have happened!

But then Eliot Spitzer would have missed out on an opportunity to play at partisan politics before a crowd “in his room”, as he calls it, and he would have missed out on an opportunioty to posture before the media, and his fans, and people in NYS would have been deprived of a circus to amuse them ….

So we didn’t have “government” the other day, we had a farce, instead, starring Eliot Spitzer as the Impresario, and Joe Bruno as the odd man out, Eliot Spitzer’s tame “dancing bear” who does tricks for the crowd at Eliot Spitzer’s command, and Shellie Silver and his crowd, along with Jimmy Tedisco serving as the bit players and adulators of the “STEAMROLLER”, in the “STEAMROLLER MADE-FOR-TV SHOW” ….

And I am neither a Republican, nor a Democrat ….

Just a common ordinary NYS citizen with a strong belief in and desire for a return to constitutional government here in NYS, instead of farces staged by Eliot Spitzer to entertain the masses at Joe Bruno’s expense, and ours, as well …

And so ….

— Posted by Livyjr

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

THE NEW YORK TIMES EMPIRE ZONE

May 18th, 2007 10:43 am

The argument above seems to be with the camera because the various branches and houses have always had to caucus.

Three men in a room+ has been going on since 1777.

Three men in a room+ with a camera is an improvement.

In 1777, who among us would be a Tory and who would be a revolutionary?

— Posted by Mike from Grand Island

May 18th, 2007 6:46 pm

The argument in post #7 has to do with many things, actually, starting with Constitutional process in the State of New York, and what it means for Eliot “STEAMROLLER” Spitzer to be “taking care that the laws are faithfully executed” in the State of NY!

And here it must be said as a preamble that unlike the US Constitution, which did not even come into existence until ten years after the NYS Constitution, the NYS Constitution begins with our Bill of Rights.

In the state of NY, our Bill of Rights is not an afterthought; to the contrary, it is the basis for “rule of law” here in NYS, and Section 1 of our NYS Bill of Rights provides:

No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his or her peers!

Our Constitution then proceeds from the Bill of Rights of the citizens of this state to Suffrage, and then to Legislature, and finally, to the Executive!

And with respect to 1777, the Bill of Rights of our NYS Constitution contains this interesting provision in § 14 with respect to the “balance of government power” here in NYS:

Such parts of the common law, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred seventy-five, and the resolutions of the congress of the said colony, and of the convention of the State of New York, in force on the twentieth day of April, one thousand seven hundred seventy-seven, which have not since expired, or been repealed or altered; and such acts of the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated.

ABROGATION: The destruction or annulling of a former law, by an act of the legislative power, by constitutional authority, or by usage.

- Black’s Law Dictionary

In 1777, we, the people of the State of NY purposefully placed the legislative power of the State of New York in the two houses of the NYS Legislature, which is a totally separate branch of our NYS government, responsible to us, the people of this state, and purposefully, we did not give the executive of the state of NY power over our Legislature such as the English Royal Governors had when we were still a colony in 1775!

To be sure, there must be interaction between the two houses of our state legislature, and to be sure, there must be some type of interaction between our state Legislature, and the governor of the state, and here, it would seem, is where issue has been joined in this particular thread!

Or to put it in the form of a question, how does the executive in the State of NY interact with the Legislative branch?

Does the executive, pursuant to our state Constitution, interact with the Legislative branch by summoning them to what the executive is calling a “leader’s meeting” in the Red Room of the NYS Capital?

More specifically, does the executive, pursuant to our state Constitution, have the authority, jurisdiction or discretion to summon Joe Bruno, a NYS senator, to the Red Room of the NYS Capital, for what the executive is calling a “leader’s meeting”?

And the answer is no, he does not have that authority, jurisdiction or discretion, unless the NYS Constitution or a law from our state Legislature gives it to him, and neither does!

To my knowledge, our state Legislature has never passed a law that gives the executive of the state of NY any authority, jurisdiction or discretion to call “leader’s meetings”, where the governor can summon members of our state Legislature to his “room” as if they answered to him, and not to us, and our Constitution certainly does not give him that authority, jurisdiction or discretion …

And so …

Tories of course would be for Eliot “STEAMROLLER” Spitzer acting as if he were in actuality a royal governor of the state of NY with the authority to summon and disband our state Legislature, as if he were the reincarnation of Lord Cornbury, while a revolutionary would be for our state Constitution being enforced by the executive as it is written ….

And so ….

— Posted by Livyjr

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

"Free Political Theater - The second six-way leaders meeting is scheduled to take place at 1 p.m. this afternoon."

If you are in need of some afternoon distraction - perhaps a little lunchtime drama - you can use this link to tune in.

(At least, that's what the governor's press office tells us).

Gov. Eliot Spitzer has vowed to hold one of these get-togethers every week for the remainder of the session, which ends June 22, and says he'll even involve some rank-and-file members, too.

Surprisingly, I've heard more grumbling than cheers about this for lawmakers.

Several have privately intimated that they would prefer that Spitzer butt out of the legislative process and let them dispose of the hundreds of bills that are slowly wending their way through the Albany system.

Among the issues that surfaced in the state comptroller battle was the long-simmering question of the balance of power between the executive branch (very strong in New York) and the legislative branch.

The Constitution clearly gave the Legislature the right to pick the new comptroller, but Spitzer nevertheless got involved.

The Constitution also clearly lays out the roles when it comes to the budget process, but nowhere does it speak to an executive's right to a legislative agenda.

Posted by Elizabeth Benjamin on May 16, 2007 11:48 AM

Contact: ebenjamin@nydailynews.com

Comments

EB says: Among the issues that surfaced in the state comptroller battle was the long-simmering question of the balance of power between the executive branch (very strong in New York) and the legislative branch.

JOHN GALT REPLIES: Here, I must respectfully disagree with EB's characterization of the executive branch of government in NYS as being "very strong"!

For it is not, at all, on purpose, and by design of WE, THE PEOPLE!

In fact, compared to what we had before 1776, the office of executive of NYS is quite weak, which is exactly the way it should be in a government "exerted under the authority of the people of the colonies for the preservation of internal peace, virtue, and good order, as well as for the defense of our lives, liberties, and properties, against the hostile invasions and cruel depredations of our enemies", which is language taken directly from our first state Constitution, dated April 20, 1777:

http://www.yale.edu/lawweb/avalon/states/ny01.htm.

And in the language of our first Constitution is OUR COMMON HISTORY as citizens of the state of New York, regardless of political affiliation, allegedly, anyway, since today, politics does in fact trump the language of the NYS Constitution to the point of where the Constitution in actuality no longer exists, except as a sentiment, perhaps, like Romans in the age of Augustus wishing for a return of the REPUBLIC ....

Which brings us to this statement from our first Constitution, of the times that we were in back then, on the "day before":

"Whereas the many tyrannical and oppressive usurpations of the King and Parliament of Great Britain on the rights and liberties of the people of the American colonies had reduced them to the necessity of introducing a government by congresses and committees, as temporary expedients, and to exist no longer than the grievances of the people should remain without redress ...."

TYRANNICAL AND OPPRESSIVE USURPATIONS OF THE KING ON THE RIGHTS AND LIBERTIES OF THE PEOPLE ....

We had one King then as a "very strong" executive branch of government, and when we brought forth our first Constitution, it was to say "NEVER MORE!"

And it did ....

And now?

Well, now, we have a state full of people who cannot remember back before about two-or-three-words-of-a-simple-sentence ago, and apparently, the New York State Constitution is no longer taught in school here in NYS as something every state citizen should know about ....

So that now, instead of just the one KING in NYS with his many tyrannical and oppressive usurpations on the rights and liberties of the people that we had back then, now, we have at least two of them, "BIG JOE" Bruno being the one, of course, and then, there is the other pretender to the throne, "STEAMROLLER" Spitzer, and here we all are, right back in the same **** that we had back in 1776, with a "very strong" executive, who like "STEAMROLLER" Spitzer was also a TYRANT ....

And a blithering wind-bag, like the "STEAMROLLER", to boot .....

"IT'S MY ROOM, I SET THE AGENDA ...."

And so ....

Posted by: John Galt | May 17, 2007 7:32 AM

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

THE NEW YORK TIMES EMPIRE ZONE

May 19th, 2007 3:18 pm

And to carry this discussion on the relationship between the executive branch of government here in NYS and the legislative branch just a step further, with respect to the total independence of our legislative branch of government, here in NYS, from the influence of the executive branch, § 9 of ART. III of our NYS Constitution provides:

Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own members; shall choose its own officers; and the senate shall choose a temporary president and the assembly shall choose a speaker.

Nowhere in our NYS Constitution is the executive given any authority, jurisdiction or discretion with respect to the internal workings of our legislative branch, and a review of the statement of facts to the candid world of the Declaration of Independence of the thirteen original “United States of America”, including NYS, from England in 1776, one year before the original NYS Constitution came into being, helps to shed some light on why our NYS Constitution takes great care to express in clear and unequivocal language the total independence of our legislative branch of government here in NYS from the executive.

And as that same language from the statement of facts to the candid world in the 1776 Declaration of Independence serves to more than amply demonstrate to the candid world once again today why we upstate folks, at least, still cherish the total independence of our Legislative branch from the executive, it would be helpful to this on-going discussion in here to include them, and so:

Let facts be submitted to a candid world:

He (the King) has refused his assent to laws, the most wholesome and necessary for the public good.

He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them.

He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, and formidable to tyrants only.

He has called together legislative bodies at places unusual uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the state remaining, in the mean time, exposed to all the dangers of invasions from without and convulsions within.

He has combined with others to subject us to a jurisdiction foreign to our Constitution and unacknowledged by our laws, giving his assent to their acts of pretended legislation:

For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments;

For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated government here, by declaring us out of his protection and waging war against us.

end quotes

So, clearly, at the time the NYS Constitution came into being in 1777, there was more than ample evidence, based on hard experience, that having the executive in charge of the legislature was a recipe for disaster to democracy, and so, in NYS, the executive was given no such powers, and to the contrary, pursuant to § 3 of ART. IV, the governor was made subordinate to the laws of NYS that originate in the legislative branch, once they are in fact signed into law:

The governor shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed.

And with respect to this “STEAMROLLER” Spitzer in NYS today, and his blatant and obvious attempts to exert his influence on our NYS Legislature, as if he were in fact Lord Cornbury, the Royal Governor reborn, as opposed to a NYS governor acting pursuant to ART. IV of our NYS Constitution, it might be apt to end this post with these concluding words from the 1776 Declaration of Independence:

A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.

A sentiment which we free people in upstate NY still agree with today ….

And so ….

— Posted by Livyjr

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

"Education Commissioner In Assembly GOP Crosshairs - Assembly Republicans are holding a hearing May 31 to expose what they say are 'a series of failures' by the Board of Regents, the state Education Department, and its commissioner, Richard Mills."

The minority sent a letter to Mills last week, asking him and Chancellor Robert Bennett to testify at the hearing, which will be held in Hearing Room C of the LOB in Albany at 5 p.m.

"Over the past several years, the mistakes and negligence committed by Commissioner Mills and the State Education Department have been egregious and it is obvious that the best interests of New York’s children are not being met," Tedisco said in a press release.

"From the recent statewide contingency budget fiasco to the failure to post school report cards, it is clear that the Department needs an overhaul from the top on down."

The 16 regents are the rare state officials chosen by the Legislature rather than the governor (with the GOP-dominated Senate's approval).

With the wide Democratic margin in the Assembly, this means their selection is controlled by the Democrats - much to the long-running chagrin of the GOP.

The Legislature-appointed regents, in turn, appoint the commissioner.

This was something former Gov. George Pataki tried repreatedly to change, but to no avail.

In March, the Senate Republicans announced legislation that would enable the governor (regardless of political affiliation) to pick the education commissioner.

Gov. Eliot Spitzer reportedly is no fan of Mills, but has yet to move to try to get rid of him, which would be a heavy political lift.

The Assembly Republicans specific concerns about SED et al appear after the jump.

- The six-month delay in the release of 2007 report cards grading the state's public schools.

- The Roosevelt Free School District - the only school district operated by the state - has a $9.5 million deficit.

- Misinformation about the maximum allowable contingency budget for school districts, which, contrary to SED's original claim, does not include charter school spending.

- Problems with regents exams.

- Too much mandated paperwork that takes time away from academics.

- Slow turnaround in releasing standardized test scores.

Posted by Elizabeth Benjamin on May 20, 2007 3:11 PM

Comments

Ah, yes, here we go again, folks!

"WORTHLESS JIMMY" Tedisco and his press releases!

If only that were all it took to run government, and conduct the people's business, here in NYS!

According to EB, "WORTHLESS JIMMY" Tedisco said in his press release:

"Over the past several years, the mistakes and negligence committed by Commissioner Mills and the State Education Department have been egregious and it is obvious that the best interests of New York’s children are not being met" ...

SO ....

The key words here would seem to be "over the past several years" ...

Which brings us right back to ART. VII of our state Constitution, and this just-past budget cycle, and opportunities to do things right for a change in NYS that were instead lost!

With respect to "opportunities lost" and this press release by "WORTHLESS JIMMY" Tedisco, ARTICLE VII of our state Constitution, entitled "State Finances" provides in § 3 that:

"The governor and the heads of departments shall have the right, and it shall be the duty of the heads of departments when requested by either house of the legislature or an appropriate committee thereof, to appear and be heard in respect to the budget during the consideration thereof, and to answer inquiries relevant thereto."

It would seem from his own language in "WORTHLESS JIMMY" Tedisco's press release above here that he was aware during this last budget go-round that "Over the past several years, the mistakes and negligence committed by Commissioner Mills and the State Education Department have been egregious ..."

Which then begs the question of why "WORTHLESS JIMMY" Tedisco chose to stay silent on the issue back during the budget cycle, when he might have been able to make a difference, instead of waiting until now ....

And so ....

Posted by: John Galt | May 20, 2007 3:48 PM

http://www.nydailynews.com/blogs/dailypoli...assembly_g.html

"Report: Phillips manhunt flawed - Internal review cites State Police failures in command oversight, communications"

Associated Press

First published: Friday, May 18, 2007

ALBANY -- An internal review of state police conduct during the hunt for former fugitive Ralph "Bucky" Phillips found several weaknesses in the agency's handling of the case.

Portions of the 160-page report, scheduled to be released in its entirety today, were obtained Thursday by The Buffalo News.

Among the agency flaws, the report found local commanders were not in the field enough to oversee operations, and communication equipment used by law enforcement allowed those helping Phillips to eavesdrop on police conversations.

After escaping from the Erie County Correctional Facility April 2, Phillips led police on a massive manhunt before being captured Sept. 8.

Before he was caught Phillips shot three state troopers, one fatally.

The internal review said "personal visits to the site of manhunts by field command personnel should have been more frequent during the operation, and there should have been less reliance on telephonic and electronic communications."

"Had the frequency of such personal command staff visits been greater during this manhunt, it is quite possible that some of the problems and issues identified would have been noted and addressed at the time they occurred."

Another portion of the report found that "a majority" of police agencies interviewed found the communication and cooperation between the State Police and other agencies "in the range from effective to excellent."

The chiefs or officers in charge of every outside police agency involved during the manhunt were interviewed for the review.

The report also said Phillips had "significant support from a network of friends and family" during his time on the run.

The police radios, cellphones and other communications devices used during the search were less than secure, allowing "Phillips sympathizers" to gather information about the manhunt, the report said.

Phillips opened fire on Trooper Sean Brown during a traffic stop June 10 near Elmira.

Brown was hit once but recovered.

Phillips ambushed Troopers Joseph Longobardo and Donald Baker Jr. Aug. 31 with a high-powered rifle, shooting each of them once.

Longobardo died three days later.

Baker was hospitalized for almost three months.

The Police Benevolent Association of New York State Troopers has been critical of decisions by local commanders in Western New York during the search.

Phillips is serving 40 years to life in prison in Clinton County Correctional Facility.

THE NEW YORK POST

"WIFE STAGING RITZY SPITZY BA$H"

By FREDRIC U. DICKER

May 16, 2007 -- ALBANY - Gov. Spitzer's wife, Silda, is sponsoring a ritzy, Central Park South, Democratic Party fund-raiser for which individuals - and controversial limited-liability corporations - are being solicited for up to $94,200 each, The Post has learned.

The huge contributions sought for the June 12 event at the home of Dale Hemmerdinger, until recently the head of the nonpartisan Citizens Budget Commission, are at variance with Spitzer's self-imposed cap on contributions in excess of $10,000 for his re-election committee.

Seeking contributions from LLCs, which have proliferated in recent years as parent companies seek to escape the $5,000-per-regular-corporation limit imposed by state election law, is also at variance with the governor's recent call for banning such contributions.

The event, slated to be held five days after the governor's own "birthday party" bash - for which would-be contributors have been urged to "bundle" up to $100,000 each - is billed as an opportunity "for cocktails with the First Lady of New York State, Silda Wall Spitzer."

Participants can attend for as little as $250, but the invitation invites them to pay $10,000 to serve as "co-host."

The fine print notifies potential contributors that the party's "non-federal campaign account can also accept checks of up to $94,200 from individuals, PACs, partnerships and LLCs."

Spitzer has been sharply criticized by good-government groups and the Republican Party for seemingly contradictory positions as he advocated for campaign-finance "reform" while engaging in the same activities he said should be outlawed.

fredric.dicker@nypost.com

http://www.nypost.com/seven/05162007/news/...c_u__dicker.htm

"State bulks up on green activists - Two DEC appointees bring experience in environmental advocacy"

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

First published: Wednesday, May 16, 2007

ALBANY -- Two more leaders from the environmental movement are taking high-ranking positions at the state Department of Environmental Conservation under the green-friendly administration of Gov. Eliot Spitzer.

Willie Janeway, a lobbyist for The Nature Conservancy, and Suzanne Mattei, the Sierra Club's New York City executive, will start Thursday as regional DEC directors, Commissioner Peter Grannis said in a statement Tuesday.

Janeway, who in the late 1990s was executive director of the Albany Pine Bush Preserve Commission, will head the Region 3 office in New Paltz.

Mattei will hold New York City's Region 2 office.

The jobs have paid $131,978 and $124,518, respectively.

The appointments continue a trend begun in January when Spitzer picked Judith Enck, a longtime environmental activist, as his deputy secretary for the environment.

He recently nominated Richard Booth, a former Adirondack Council official, to head the Adirondack Park Agency, and named Peter Iwanowicz, a vice president of the American Lung Association of New York State, as director of DEC's newly-expanded climate change office.

"We have to make smart growth not just a slogan," Janeway said.

He cited challenges in the region, which includes Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties.

Janeway has been executive director of the Hudson Valley Greenway Conservancy and operations director of the Adirondack Mountain Club.

He also will exit as chairman of the Friends of New York's Environment, a coalition of more than 200 environmental, health, agricultural, parks, recreational and urban groups that has lobbied for an expanded bottle bill and more staffing for DEC and state parks.

"This coalition has been around for years," said Jessica Ottney, director of state government relations with The Nature Conservancy.

She said Janeway will be a big loss but the group will succeed.

At the Sierra Club, Mattei highlighted health impacts of the World Trade Center attack, and sought better childhood lead poisoning prevention and Staten Island wetlands protection.

From 1998 to 2003, she was an associate counsel and public policy director for the New York State Trial Lawyers Association.

She worked for the New York City Public Advocate and the New York City comptroller.

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

THE NEW YORK TIMES EMPIRE ZONE

May 20th, 2007 2:55 pm

And continuing just a bit further in here with this discussion of the relationship between the “executive” branch of government here in NYS with the “legislative” branch, since that issue has been raised, it is indeed true that in NYS, the governor, as “executive”, can summon the legislature, as a body, and that specific language is found in § 3 of ART. IV of our state Constitution as follows:

“The governor shall have power to convene the legislature, or the senate only, on extraordinary occasions. At extraordinary sessions convened pursuant to the provisions of this section no subject shall be acted upon, except such as the governor may recommend for consideration.”

And from a careful “read” of that Constitutional language, it can clearly be seen that from the citizen’s standpoint, which is what I am, there are three key words in that statement, those three words being “extraordinary”, “recommend” and “consideration”.

EXTRAORDINARY: going beyond what is usual, regular or customary; exceptional to a very marked extent!

RECOMMEND: to present as worthy of acceptance or trial; to endorse as fit, worthy or competent; advise!

CONSIDERATION: continuous and careful thought, an opinion obtained by reflection!

- Webster’s New Collegiate Dictionary

That is not what happened, however, with respect to this “leader’s meeting”, or farce, that is being discussed in here, however ….

Neither the full legislature nor the senate were convened by the “STEAMROLLER”, only the “leaders” were “summoned”; there was nothing at all “extraordinary” to justify the “STEAMROLLER” summoning these people to this farce, outside of his continuous need to get his name in print through publicity stunts such as this farce of a “leader’s meeting”; there were no recommendations put forth by the “STEAMROLLER”; and most importantly, he gave neither the full legislature nor the senate anything for them to consider, other than that he was wasting their time, and by extension, ours, since it is on our business that the legislature is meeting right now …

And so …..

— Posted by Livyjr

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

THE NEW YORK POST

"CREW 'CHAOS' CRISIS CRIPPLING SPITZER"

May 21, 2007 -- GOV. Spitzer's 4 1/2-month-old administration is in "chaos," insiders have told The Post, torn by rivalries, hobbled by inexperienced and incompetent personnel, and unsure if it can get the governor's agenda through an increasingly recalcitrant Legislature.

The situation is so bad, the insiders said, that the governor is increasingly viewed as ineffective by even his most important Democratic allies, and his entire legislative agenda - including his key campaign promises to reform state government and improve the upstate economy - is in danger of being lost.

"When you look closely, you can see that the second floor is in chaos," said a source in regular contact with the governor's office, referring to Spitzer's offices at the Capitol.

Widely faulted for the problems is Spitzer's longtime confidant Richard Baum, the governor's secretary and chief-of-staff.

"Baum is invisible."

"Basically, he's in the background and not providing any leadership at all," said a source who deals with him frequently.

Baum is described as a close office ally of Darren Dopp, the governor's communications director, who has usurped the function of other appointees by taking on multiple roles, including liaison to key figures in the Legislature, several sources said.

Baum and Dopp are said to be allied against another powerful faction, headed by Lloyd Constantine, a deputy secretary and longtime Spitzer friend, and Paul Francis, the governor's budget director.

Constantine and Francis, unlike Baum and Dopp, have extensive private-sector experience and were described by two insiders as the "grown-ups within the administration."

Baum's first deputy, onetime attorney-general hopeful Sean Patrick Maloney, is widely described as a "control freak" who micro-manages decisions.

A high-ranking official said Maloney's penchant for control has often damaged administration morale, citing a case last week when Maloney allegedly blocked several aides from meeting Sen. Hillary Rodham Clinton as she toured Spitzer's office after an endorsement rally.

"Maloney was bragging, 'If I didn't mention your name to come into the room, you can't come in.'"

"So, as a result, when Hillary finally went in, there was virtually nobody there," said a source.

Meanwhile, two longtime upstate Democratic activists who were given high-level jobs when Spitzer took office are described as having been "put in the closet" with little to do by the governor.

They are Marty Mack, the deputy director of state operations, and Michael Schell, the executive assistant to the governor, the sources said.

Olivia Golden, Mack's immediate boss and Spitzer's director of state operations - normally the third-most-powerful post in state government - is described as "invisible."

"Nobody knows who she is."

"You mention her to people, and they don't know who you're talking about," said a source who, because of his position, should have frequent contact with her.

A longtime Spitzer associate and influential Democrat said he feared for the future of the governor's administration.

"The bottom line is that nobody in Spitzer's office is really in control, and Spitzer himself isn't sure what to do next," the influential Democrat contended.

fredric.dicker@nypost.com

http://www.nypost.com/seven/05212007/news/...c_u__dicker.htm

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG:

I was just at the web-site for DA candidate Greg Cholakis:

http://www.CholakisForDA.com

And I find it incongruous, in light of posts #3,4, & 5 above, that at the same time Mr. Cholakis is stating in that web-site to the people of Rensselaer County that “justice is all about accountability and fairness”, there on the same page as those words is a color photograph of Mr. Cholakis standing at a podium in front of the Rensselaer County Courthouse with Rensselaer County Executive Kathleen Jimino looking over his shoulder!

Out here in the towns, Republican Rensselaer County Executive Kathleen Jimino is considered the very antithesis of justice in Rensselaer County based upon her actions on August 22, 2001 which are detailed at:

http://www.commongroundcommonsense.org/for...mp;#entry343241

Appearing in a group photograph with Rensselaer County Executive Kathleen Jimino in his website does the credibility of Mr. Cholakis a great deal of harm, out here in the countryside of Rensselaer County where memories are long, and true justice is cherished, a point that Mr. Cholakis should consider further, as he continues his campaign for District Attorney here in Rensselaer County, if his credibility means a thing to him ….

And so ….

Comment by John Galt — May 21, 2007 @ 4:30 pm

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

THE NEW YORK TIMES EMPIRE ZONE

May 21, 2007, 5:44 pm

"Civics Lessons in Albany"

By Danny Hakim

Gov. Eliot Spitzer and legislative leaders met in their third public meeting in a month to see what issues they could resolve before the regular legislative session ends on June 21.

Not much tangible progress was made.

Just listen to what the Senate majority leader, Joseph L. Bruno, had to say after spending more than an hour at the negotiating table:

“The governor feels good about it, but I don’t think it gets us a result,” Mr. Bruno, the state’s top Republican, said, adding, “either we’re going to talk and posture on respective positions or we’re going to get a result.”

Among Mr. Bruno’s objections to the governor’s push to air out issues in public forums is that in his view it undermines the Legislature’s autonomy.

“Let’s not lose sight of the elective process here."

"Three branches of government, right?” Mr. Bruno said.

“If we want to combine them and let the governor orchestrate the whole discussion, direction, agenda, then let’s vote to do that, but that is not our Constitution, that is not the government here in New York State.”

He then invited the governor to hold the next meeting in the Senate’s conference room “so you don’t have to listen to ‘this is my room, my gavel, my agenda.’ ”

The governor, for his part, said that he is trying to change the old habit of political leaders horse-trading about unrelated issues as the legislative session winds down, instead of considering each in its turn.

He also wants to bring the conversation into public view.

“We had to encourage, cajole, persuade folks to join at an open conversation about the issues,” he said.

“We have managed to break what has been a long time history of every issue being dependent on every other issue and we’re now looking at issues on the merits.”

Most of the issues discussed dealt with crime, including:

The governor’s proposal to expand DNA collection to all misdemeanors.

(It already is collected for all felonies and a few misdemeanors.)

The Senate passed its own bill matching the governor’s proposal this afternoon.

A number of varying gun-related bills, including Assembly proposals to ban armor-piercing bullets, though little headway was made in reaching agreement between Senate Republicans and Assembly Democrats.

The most contentious debate was over the Senate’s proposal to reinstate the death penalty for those who kill law enforcement officers, a proposal the Assembly has opposed.

As the governor put it, “I don’t think there will be a meeting of the minds.”

http://empirezone.blogs.nytimes.com/2007/0...bany/#more-2021

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by: Roger Murdock | May 22, 2007 9:55 AM: I gave the following to Jay Jochnowitz at the Times Union by e-mail this morning at 7:45 a.m., informing him that he had it exclusively until 10:00 a.m., at which point I would post it on blogs all over.

I have heard nothing back – no breaking news, no acknowledgment, not even a request for a little more time.

Yesterday afternoon, a well connected Republican lobbyist was overheard saying that Joe Bruno was ordering Senate offices today to send every staff person to the Giuliani rally at the airport, leaving only one person in each office to cover telephones.

This is clearly illegal as an abuse of power and using tax dollars for political purposes.

Because it is a 2:00 or 2:30 event, he can’t even argue that they are using their lunch hour to do this.

The Times Union is lazy and cozy.

Take this and run, Liz!!!!

John Galt, what say you about the legal implications of this.

Posted by: John Galt | May 22, 2007 6:24 PM: Sadly, Roger Murdock, when it comes to Joe Bruno and the REPUBLICANS, I do not believe any longer that there are any "legal implications" to anything that they do, or don't do!

I honestly think that we have "gone 'round a bend" with respect to "legal implications", to the point that there are now "legal implications" IF you try to make an issue of the blatant illegality of what these people can do!

Think on it for a moment, Roger Murdock, if you will ....

Up here in Joe Bruno's Rensselaer County, a NYS licensed professional engineer documenting on videotape alleged professional misconduct by another licensed engineer in Rensselaer County connected to the Republican party was first physically assaulted on a public thoroughfare in Rensselaer County with the videocamera recording the whole assault, including the assailant bragging on videotape, full-face, that he was protected in Rensselaer County, and then, when the assault did not deter this engineer from initiating a lawsuit in the matter, Joe Bruno's political minions in Rensselaer County government got a doctor in Troy to certify that the engineer was a dangerous mental patient, and that was that .....

That was that, Roger Murdock, despite it being a felony for the doctor to have prescribed involuntary psychiatric commitment and treatment for this engineer without having ever even laid eyes on him ....

And "STEAMROLLER" Spitzer provided the "state's defense" in this matter, and by doing so, won the right from the 2d Circuit Court of Appeals here in NYC to be able to use this treatment against any other "political enemies" of his choice ....

And since it was the "scheme of choice" of Joe Bruno's stable of hacks and bottom-feeders in Troy in the first place to remove one of their "political enemies", who would of course be Joe's enemy, going after one of Joe's friends as he did, the "approval" that Eliot Spitzer won for this practice in federal court would allow Joe and his crowd to use it again, as well ....

And people up this way, at least, are very cognizant of that fact, and the fate awaiting anyone rash enough to accuse Joe Bruno or any of his crowd of violating the law ....

And so ...

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Mike: apparently Uncle Joe really is untouchable. If the FBI has nothing on him, would they please announce it and spare us the nonsense?

JOHN GALT REPLIES: Mike, generally, I find you to be quite knowledgeable and pretty savvy about the way the world works here in NYS, so I am surprised that you believe the FBI and the Office of the US Attorney for the Northern District of NY were ever seriously going to do anything to bring down a REPUBLICAN ICON like "Big Joe" Bruno, who really is "BOSS FOR LIFE", as you say above!

Just months ago, in the article "Palm Beach trip probed - Vacation, including a visit to a strip club, part of the Bruno-Abbruzzese inquiry" by BRENDAN J. LYONS Senior writer, Albany, New York Times Union, first published: Sunday, January 14, 2007, it was stated:

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

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

"Bruno's spokesman disputes that account of the calls."

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

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

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

end quotes

Now, Mike, come on here!

What do you make of this one phone call, in light of the fact that U.S. Attorney Carol Lam got her *** fired from the inappropriately named U.S. Dept. of Justice for putting Randy "Hey, Big Duke, my man in the slam" Cunningham in federal prison?

Here's Joe Bruno, lawyered up to beat the band, and he learns that he is the alleged and supposed "target" of a U.S. government investigation, so what does he do - he personally calls the head U.S. Attorney and tells him that Joe will be right there, to do whatever is needed to speed the investigation of himself along?

Ah, yeah, okay, wow, that's really believable, isn't it, Mike?

Especially when taken in the context of the earlier TU story "Feds follow cash trail - Authorities examine whether payments to Bruno's consulting firm were bid to gain influence" by BRENDAN J. LYONS Senior writer, Albany, New York Times Union, first published: Friday, December 22, 2006, wherein POWERHOUSE REPUBLICAN attorney E. Stewart Jones of Troy was quoted openly threatening the U.S. attorneys conducting the alleged investigation:

"Mr. Abbruzzese's and Sen. Bruno's rights have been trampled on here," Jones said.

"That could have adverse consequences for those responsible when this investigation runs its course."

end quotes

And then, in a subsequent TU article entitled "Bruno defends his dealings - 'We've followed the letter of the law,' says Senate GOP majority leader" by JAMES M. ODATO, Capitol bureau, Albany, New York Times Union, first published: Saturday, December 23, 2006, the "IRON DUKE" himself was quoted as follows:

"Bruno framed the situation differently, calling the investigation 'more a media event.'"

end quotes

The way we see it up here, F. Stewart Jones, the POWERHOUSE REPUBLICAN lawyer from Troy had Bert Gonzales himself stuffed into the trunk of a big flamingo pink Cadillac and hauled up to Troy, where a couple of great big goons then frog-marched him into the "IRON DUKE'S" throneroom, where he was then tossed in a heap on the floor, and made to grovel, and kiss the "IRON DUKE'S" feet while begging for forgiveness, and the "IRON DUKE'S" mercy to boot ....

And people still believe that Joe Bruno is going to go down?

Mike, Mike, Mike ....

And so ...

Posted by: John Galt | May 23, 2007 7:17 AM

http://www.nydailynews.com/blogs/dailypoli...ying_bruno.html

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Roger Murdock: As long as the media sleeps, and the public lives in fear of things less likely than being hit by lightning twice, our elected will not be held accountable.

JOHN GALT AGREES: Roger, at pp.189-191 of "I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt" by Paul Grondahl, there is this following about newspaper editors and one of T.R.'s stints in federal government service:

"(TEDDY) ROOSEVELT'S GOAL (as a newly-appointed member of the Federal Civil Service Commission in the administration of President Benjamin Harrison in 1889) WAS TO DESTROY THE SPOILS SYSTEM WITH AN AGGRESSIVE AND RELENTLESS ATTACK."

*******************

"ROOSEVELT ROOTED OUT SCORES OF NEWSPAPER EDITORS WHO HAD BEEN PUT ON THE GOVERNMENT PAYROLL FOR SUPPORTING HARRISON'S CAMPAIGN WITH FAVORABLE EDITORIALS AND POSITIVE COVERAGE."

end quotes

And if one studies U.S. history, one encounters the famous battles waged in the newspapers between Thomas Jefferson and John Adams, where Jefferson was accused of having some hack write disparaging stories about Adams ....

And then, more recently, the NY TIMES gave us upstate countryfolks some new words to describe "journalism" today, such as:

JUDY-ISM: write some crap that you have pulled out of thin air, or your ***, and call it news ...

MILLER-IZE: Find out what crap or PROPAGANDA the government wants put out to the people, and then package it in the NY TIMES as "news" ....

PRESS POODLE: someone in the news media who embraces JUDY-ISM and will actively MILLER-IZE for you if you are a government official!

In the Sol Feinstone Lecture on The Meaning of Freedom delivered by Bill Moyers at the United States Military Academy on November 15, 2006, Bill Moyers took MEDIA MOGUL Rupert "BIG RUPE" Murdoch to task for lying to us Americans with respect to the IRAQINAM WAR, as follows:

"Rupert Murdoch comes to mind — only because he was in the news last week talking about Iraq."

"In the months leading up to the invasion Murdoch turned the dogs of war loose in the corridors of his media empire, and they howled for blood, although not their own."

"Murdoch himself said, just weeks before the invasion, that: 'The greatest thing to come of this to the world economy, if you could put it that way [as you can, if you are a media mogul], would be $20 a barrel for oil.'”

"Once the war is behind us, Rupert Murdoch said: 'The whole world will benefit from cheaper oil which will be a bigger stimulus than anything else.'”

"Today Murdoch says he has no regrets, that he still believes it was right 'to go in there,' and that 'from a historical perspective' the U.S. death toll in Iraq was 'minute.'”

end quotes

The Albany Times Union itself has been famous up here since the mid-1980's for burying news on the one hand, and creating "news" out of whole-cloth on the other ....

Christine Kapostacey Jansing, who is now a big, big star on the TV news down here in NYC "made her bones" in the BID-NESS back in October of 1988, when she was still with TV-13 in the Albany area, with what is called in the trade, a "SPLICE JOB", where you take some film clips, and then splice them together into a bogus news story, by re-arranging them in time sequence, to create a false impression of what actually took place, to please and curry favor with such POLITICAL MASTERS as "BIG JOE" Bruno ....

And the list goes on, and on, and on, and on ....

Roger, believe me, you and I are on the same page here with this issue, and when the "news media" will knowingly and willingly aid and assist the "GUMMINT" by creating false news, on the one hand, and by suppressing real news on the other ....

Well, folks, where are we really, then?

Are we still a "free people"?

Or what?

And so ...

Posted by: John Galt | May 23, 2007 8:07 AM

http://www.nydailynews.com/blogs/dailypoli...his_dreams.html

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG:

"The magic line"

May 23, 2007 at 2:54 pm by Kenneth C. Crowe II, staff writer

The magic line in political donations is $99.

Donate a penny more and you earn a listing in political committee campaign reports.

Greg Cholakis, the Republican Committee’s endorsed candidate for Rensselaer County DA, will be readying his war chest for a possible primary against Troy City Council President Hank Bauer, and for the general election with a fund raising event at the Franklin Terrace Ballroom, 126 Campbell Ave., Troy, from 5:30-7:30 p.m., Thursday, May 31.

Admission is $99 per person.

Comments

Assuming that there is a primary between Mr. Bauer and Mr. Cholakis, what we disabled veterans out here in Rensselaer County who are for a return to true constitutional government here in NYS, as well as real “law and order” in Rensselaer County, where “order” in the public domain comes from well-enforced and equitable laws, what we would like to see is a three-way debate between Mr. McNally, Mr. Bauer, and Mr. Cholakis BEFORE the primary, and the one question that we would like to put before the three of them comes from section 6 of the Bill of Rights of our NYS Constitution, wherein is stated:

§ 6. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he or she be compelled in any criminal case to be a witness against himself or herself, providing, that any public officer who, upon being called before a grand jury to testify concerning the conduct of his or her present office or of any public office held by him or her within five years prior to such grand jury call to testify, or the performance of his or her official duties in any such present or prior offices, refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years from the date of such refusal to sign a waiver of immunity against subsequent prosecution, or to answer any relevant question concerning such matters before such grand jury, and shall be removed from his or her present office by the appropriate authority or shall forfeit his or her present office at the suit of the attorney-general.

The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law.

end quotes

We would first like to hear from each candidate as to his thoughts on this language, in their own words, whether they believe this is true, whether they could enforce this against such people as Richard Christ and Bobby Mirch, for example …

And at that point, we would have it opened up to questions to each candidate as to how specific incidents from their own individual records support or refute their positions taken ….

For example, with respect to Mr. Bauer, his actions as a Rensselaer County Department of Health Hearing officer in or about 1989 dismissing Public Health Law violation charges against Joe Bruno on the grounds that the Rensselaer County Department of Health did not have the authority, jurisdiction or discretion to bring charges against Joe Bruno in the first place …

And Mr. McNally can defend his own actions of maliciously prosecuting the former Rensselaer County Public health Engineer as is detailed below at:

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

And as to Mr. Cholakis, we will just have to continue to wait for cantweallgetalong or some other concerned citizen to give us some grist for that mill ….

And so ….

Comment by John Galt — May 23, 2007 @ 4:14 pm

http://blogs.timesunion.com/localpolitics/?p=266#comments

"Albany places in dirty dozen - City's decision to expand dump into preserve lands it on environmental group's list of polluters"

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

First published: Wednesday, May 23, 2007

ALBANY -- The city of Albany is among the state's dozen worst polluters for its plans to expand the Rapp Road dump into the Pine Bush, according to a statewide environmental group's annual listing released Tuesday.

Citizens' Environmental Coalition also cited the General Electric Co. for alleged foot-dragging over the cleanup of the Dewey Loeffel dump in Nassau, Rensselaer County; and the state Department of Environmental Conservation, under former Gov. George Pataki, for underfunding maverick wildlife pathologist Ward Stone's Delmar lab.

The group also took aim at New Yorkers for Real Recycling Reform, a lobbying group formed by Food Industry Alliance, a trade group of food retailers.

It had joined with soft drink makers and beer wholesalers to oppose the proposed expansion of the state's bottle recycling law to include bottled water, sports drinks and other noncarbonated beverages.

Lynne Jackson, secretary for Save the Pine Bush, convinced the coalition to give Albany an award -- it was a can made to look like an orange toxic barrel -- over the proposed dump expansion.

"She is very much looking forward to awarding this to the mayor in person," said coalition Executive Director Steve Breyman.

Robert Van Amburgh, a spokesman for Mayor Jerry Jennings, said the city was unaware of the dubious honor, although Breyman said his group routinely contacts proposed recipients to see if issues can be negotiated.

"We'll see what it is," Van Amburgh said.

The city, which could fill the dump by 2009, wants its fourth expansion into the Pine Bush.

It was the fourth year in a row that the Dewey Loeffel dump made the dirty dozen list, said Kelly Travers-Main, a member of UNCAGED, an East Schodack-based environmental group.

The landfill contains about 46,000 pounds of PCBs, solvents and other toxic chemicals dumped by GE and others from 1952 to 1970, when it was closed by court order.

Chemicals leaking from the landfill have contaminated Nassau Lake, the Valatie Kill and Kinderhook Lake in Chatham and Kinderhook, Columbia County.

Since 2000, pollution has spread to residential wells southeast of the dump site along Nassau Road as an underground plume of leachate from the capped landfill continues to spread.

Other recipients of the coalition's awards were the U.S. Environmental Protection Agency, for inadequate testing and cleanup of buildings near ground zero in Manhattan, as well as for the slow pace of the cleanup of Onondaga Lake near Syracuse; Entergy Nuclear Corp. for radioactive leaks at the Indian Point nuclear reactor; Lower Manhattan Development Corp. for inadequate cleanup of the Deutsche Bank building near ground zero; the New York City Sanitation Department for not adopting more reuse, recycling and composting programs; state Agriculture and Markets Department for pre-empting local regulations on factory farms; CWM Services for PCB leaks from a Niagara County landfill; and J.J. Lyons and Associates for an alleged failure to pay fines and clean a former defense contractor site in the Bronx.

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

"State to tackle 'brain drain' - Silda Wall Spitzer put at helm of initiative to keep young workers from leaving upstate New York"

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

First published: Wednesday, May 23, 2007

ALBANY -- The first-ever summit on the state's brain drain will convene this fall as part of Silda Wall Spitzer's new job of trying to keep young people from leaving upstate.

Gov. Eliot Spitzer's wife said Tuesday she will spearhead an initiative called "I Live New York" in a search for ways to end the "troubling trend" of talented young people leaving their hometowns or upstate college communities.

Spitzer asked her to take the lead as part of his priority to improve upstate's lagging economy.

The first lady said the summit "is aimed at taking a hard look at one of the most serious economic problems facing the state."

She plans to collect data on what's driving out young people and to identify public and private programs to reverse the flow.

The Sept. 18 summit at the State University of New York at Cortland will include Spitzer's staff and the governor, business and academic officials, young professionals, community leaders and others.

Abraham Lackman, president of the Commission on Independent Colleges and Universities, said Wall Spitzer is doing "important due diligence."

He predicts 40 good ideas will surface at the summit, a few of which will end up in the governor's next budget plan.

One idea, he said, is to improve postings of internships and job opportunities for college students.

Ken Adams, president of the Business Council of New York State, said a recent survey of more than 1,000 New York students, focused on those from upstate, found the vast majority would prefer to stay in upstate cities if they could find work.

But fewer than 40 percent of graduating seniors were able to find a job in the region, the survey found, and fewer than 30 percent expect to reside upstate in 10 years.

Sen. Dale Volker, R-Depew, said the summit is a good idea.

He said one reason young people flee is the weather, although Adams said a majority of survey respondents said they enjoy the four seasons.

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

"Albany reassessment has many hitting roof - City defends process in face of a multitude of challenges by homeowners"

By TIM O'BRIEN, Staff writer, Albany, New York Times Union

First published: Wednesday, May 23, 2007

ALBANY -- In four years, the value of homes in the city shot up dramatically in every neighborhood.

A Times Union analysis of the tentative reassessment numbers shows sharp increases in every corner of the city, from an average 65 percent rise in Arbor Hill to an average 92 percent leap in Center Square.

"We're valuing them based on sales, and that's what the sales are showing," said Keith McDonald, the city assessor.

"The sales increased in every neighborhood in the city."

During the last reassessment in 2003, some city neighborhoods saw values drop or increase only slightly.

In Arbor Hill, home values were down 8 percent.

Center Square properties were up 12 percent.

Just what the higher values will mean to taxpayers won't be clear until Mayor Jerry Jennings proposes his 2008 budget in October and the Albany school district revamps its defeated budget.

Four years ago, by keeping the tax rate the same, the mayor's budget reaped a 15 percent windfall because the property values were higher for two-thirds of the city's property owners.

Jennings has said he won't keep the tax rate the same this time around.

"That will substantially go down," he said.

"I won't know how much until I get into my budget."

The city also will need to wait until all the assessment challenges are finalized, he added.

Albany school officials expressed frustration at trying to explain the impact of the assessment during the lead-up to the failed budget vote.

The district lowered the property tax rate, but the reassessment still would have meant a tax hike for the average homeowner.

Under the reassessment, the average single-family home in the city would increase in value from $103,697 to $178,294, a 72 percent hike.

For such a home, the school tax bill would have risen 8.9 percent, from $2,537.46 to $2,765.34, before STAR tax exemptions were factored in.

Tuesday was the deadline for owners to appeal the assessed value of their property.

More than 1,500 of the 30,500 residential and commercial property owners had done so.

Reszin Adams is one of those appealing.

The longtime community activist saw the value of her Center Square home raised from $142,200 to $405,900.

"I know a lot of people around here are challenging," said Adams, a block captain with the Center Square Neighborhood Association.

"This is so clearly outrageous, it has to be reduced."

Sandra McDade is looking to appeal the assessment on her West Hill home, too.

She bought the Quail Street home in 2000 from the Community Land Trust, so she owns the three-bedroom house but not the land.

Still, the city raised her assessment from $34,000 to $123,200.

She said there has been some gentrification in her neighborhood.

"People are buying the properties and fixing them up," she said.

"They think because their property values go up, ours automatically do."

The value of an average two-family house rose from $74,811 to $132,047, up 77 percent, and three-family homes jumped 95 percent, from $72,454 to $141,610.

Commercial property saw a much smaller increase in assessed value.

The value of an average office building in the city grew 26 percent from $2.66 million to $3.35 million.

McDonald said that commercial property is valued on sales and rental prices, and rents have not increased nearly as rapidly as sales prices.

"In order for the value to go up on a commercial property, so must the rent," he said.

"The rentals aren't going up as much as the sales prices on the homes."

Developer John Nigro said the demand for commercial space has slowed.

"For a long time, there has been more of a demand for commercial space than for residential," he said.

With growing interest from technology companies and added faculty at area colleges, he said, residential prices began to outpace the growth of commercial prices.

"The office market escalated for quite a few years and then three or four years ago it stayed pretty flat even at the high end," said Nigro, president of the Nigro Cos., a commercial real estate development and management company.

Still, he said there are several proposed new developments that would combine retail, office and residential space in downtown Albany.

"As those come aboard, that will be helpful to the tax base in the city," he said.

McDonald said the city tried to make it easy for people to appeal their assessments, with his office staying open until 8 p.m. on Wednesdays and 9 a.m. to noon on Saturdays.

The process also began a month earlier than usual.

"People actually can contest their assessments every year," he said.

"You're not really fighting City Hall."

"You're just looking to make sure your value is correct."

"We just want to get it right."

O'Brien can be reached at 454-5092 or by e-mail at tobrien@timesunion.com. Staff writer Brian Nearing contributed to this story.

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

ITEM: It’s no secret that young people have been fleeing upstate New York’s cold winters, high taxes and lack of jobs for years, and now Spitzer’s wife Silda Wall Spitzer, a North Carolinian who moved north, is tackling the problem.

I was born here in NYS at the close of WWII, and I have been around the USA since that time, and I still live here on the property that I have been on since 1949, and I am licensed to practice as an engineer in the state of NY, and I have had a business here in NY, and I have studied our state history extensively, and I have advised many, many young people to get the hell out of NY while they were still young enough to do so, and so, I believe that I have as much right in here to comment on this subject of young people leaving NYS as Miss Silda does ….

And I recall back in about 1989, when I believe it was Sterling Drug down in Rensselaer left NY for Philadelphia, taking with it many young, bright persons with good paying jobs, and actually, I have “inside” information as to why those young people left, since I was personally involved in matters down there at the time ….

To do the kind of research that Sterling wanted to do, by law and regulation, they needed to have in place what was called an “institutional bio-hazard committee” that included such members of the community as the police chief, and in this case, the Rensselaer County Associate Public Health Engineer ….

As long-term residents of this area will recall, in 1988, the politicians in Rensselaer County went after this individual with a vengeance which was the subject of much press coverage here in the Capital District ….

And in October of 1988, the media in this area broadcast “news” that the Associate Public Health Engineer had mental problems and had been suspended from his duties ….

In a now-famous story in the Troy RECORD for Wednesday, February 22, 1989, Deputy Rensselaer County Attorney Gordon Mayo was quoted as saying that the Rensselaer County Associate Public Health Engineer “suffers from a post-combat stress condition that could result in irrational behavior.”

Needless to say, this press coverage served the purpose of putting a taint on everything that the “institutional bio-hazard committee” had been involved with during the tenure of the engineer, and in my conversations with those Sterling people also involved with this committee and the research that they wished to do, all they could think was that they were living and trying to do research in what was to them an insane asylum without walls, where the insane were actually in charge of local government up this way, and so, they beat feet out of here for much more civilized Phialdelphia ….

For thousands of years, one of the most basic indicators of “civilization”, and one of the most basic things that separates “civilized peoples” from mere brutes and barbarians has been “public health protection”, and these young bright people with good-paying jobs who left NY for Philadelphia are among the very first to know that!

So, when they saw a “governmental unit” up here “sacrificing” a public health engineer to score points with “BID-NESS”, their conclusion was that civilization itself up here was being sacrificed, so they left!

They did not try to argue or negotiate, because how can you argue or negotiate with barbarians and brutes in charge of government up here?

They just got out, while the getting was good, never to look back ….

And over the years, I have found that well-educated people are like that ….

They don’t like drinking poisoned or foul water ….

They don’t like breathing foul air ….

They don’t like living in a state that does not provide for even rudimentary public health protection ….

But instead, publicly sacrifices engineers who won’t commit professional misconduct for their “political masters” on demand by falsifying records, and hiding evidence, and such like ….

And so …

But, hey, I am probably just being an armchair quarterback here …

Silda does know best, afterall, because she is not from here, and so, has no factual background to skew her view as to what is really best for NY, and well, hey, she is a lawyer, to boot …..

And I clearly am not …

And so …

Comment by John Galt — May 23, 2007 @ 9:23 am

http://blogs.timesunion.com/capitol/?p=4702#comments

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

I would like to hear somebody, anybody, tell us all in here how the “government”, or Eliot Spitzer, or Silda Wall Spitzer are going to “improve the economy” of upstate NY!

Where exactly is that in the brief given to the governor of the state of NY by our state Constitution that it is his responsibility to be in charge of the NYS economy?

Are we going over to a “SOVIET” style of government-managed economy here in NYS?

And is it not a fact that our state Constitution does not charge the governor of the state with “improving the state economy” because the governor of the state of NY cannot do doodly-squat about the economy in the state of NY, if the economy of the state of NY is to be and remain “market-driven”, which is to say, subject to Darwinism?

If you cannot attain competency, then the “state” should carry you along, because we need “business” no matter how “state-propped-up” it might be?

Perhaps Silda and Eliot might now come out with an “anti-dog eat dog” legislative agenda here in NYS that levels the playing field for business in NYS by having the state, through a “Ministry of Industry and Trade”, become the arbiter as to who gets what business when, and how much, as is done in Japan ...

We should amend our Constitution so that there is a specific provision in there that guarantees profits for business, whether ot not they have actually earned any money ….

The “modern state”, to survive, has to pay business to be in business, because there is no sense going into business of you are the one who has to pay for it ...

So, therefore, NY, as a modern state, has to pay business to be in business to compete with Japan and Mexico and Sri Lanka and Mynmar, and other states in the USA that pay business to be in business, or they won’t have any business, at all ….

And while they are at it, I hope Silda and Eliot do something about the climate up here …

Quite frankly, the way Pataki left it, it sucks!

It gets cold in the winter, and there is snow!

The sky is gray a lot, and it is gloomy!

To attract people here, or to keep young people here, that is one of the very first things that must be changed!

GET BETTER WEATHER, SILDA!

And have those things that make waves in wave pools installed in Lake George so that you can surf there, by God!

Screw this having to go live by the ocean stuff!

That will have young people flocking here in droves if they can surf on Lake George!

And Silda and Eliot should stop and consider that people are leaving Rensselaer County because the state of NY DEC has condemned residential land in Rensselaer County to become open-pit mines, which then devalues the other properties around, to the miner’s delight, of course, and people are just funny critters - they don’t like eating dust, and having their lives disrupted by open-pit mines in their communities, so they leave ....

BIG MYSTERY, THERE, ISN’T IT?

And so ….

Comment by John Galt — May 22, 2007 @ 3:12 pm

http://blogs.timesunion.com/capitol/?p=4692#comments

"Nassau mine gets green light - DEC grants permit for graywacke quarry in Pikes Pond area despite law against mines; town to keep fighting"

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

First published: Thursday, May 24, 2007

NASSAU -- The state granted a permit for a rock mine on a hilltop in the Pikes Pond area Wednesday -- just as Town Supervisor Ray Seney and other officials were to meet with state officials to discuss their concerns.

"We were literally walking through the door to meet with the officials when someone in our group got a call that the DEC had approved the permit," said Seney, who pushed and got approval for a local law last year that bans mining in the town of 4,818.

The Department of Environmental Conservation had granted Troy Sand & Gravel the permit, and notices were sent to the town, Rensselaer County and other interested parties on Wednesday.

Jude Clemente, owner of the West Sand Lake-based mining company, filed the application in December 2003 for the 93-acre mine and it had been going through environmental impact reviews and other examinations since.

"We had many issues to discuss with them," Seney said.

"I am very disappointed."

"This was a failed process."

A DEC spokeswoman said the timing of the meeting -- which was scheduled as a courtesy to town officials, since the environmental review was complete --was coincidental.

"The issuance of the permit for this mine and the timing of the meeting that was held were unrelated," said Lori O'Connell.

"The permit for this project was issued after a three-and-one-half-year review process where public concerns and issues were vetted through many meetings and comment opportunities."

"The department will take the comments and concerns brought forth in the meeting into consideration when going forward with other future mining applications in the town."

Residents Against Mining, which has held fundraisers to hire experts to help them fight the proposal responded with a statement on its Web site.

"Troy Sand and Gravel cannot legally mine because the town of Nassau's local laws forbids large scale industrial hard rock mines," the group said.

"RAM, as an organization, will be continuing to fight for our environment on the local level."

"Although this feels like a defeat, there are still numerous paths we are pursuing."

Clemente wants to mine graywacke stone used in road paving and other construction applications from 93 acres of a 214-acre parcel southeast of Pikes Pond.

Graywacke, a hard rock that has a high friction surface when crushed, is highly valued by the state for paving highways.

Opponents planned to hire experts to challenge issues of hydrogeology, visual impact and increased truck traffic.

Seney said he brought up those issues, especially hydrogeology, which he feels has not been investigated thoroughly, at Wednesday's meeting.

"Getting a permit is only one step along the way and the town has banned mining so they can't apply for a town permit," Seney said.

"I don't know what path the town will take on this now, but I will do whatever it takes to make sure residents' concerns are heard."

Clemente did not return calls for comment, instead allowing his attorney Andrew Gilchrist to speak for the company.

Gilchrist said the company has already begun legal action in state Supreme Court in Rensselaer County, challenging the legality of the town law and whether it applies to the permit.

The town passed the ban on mining last year, more than two years after Clemente filed an application.

"It is our opinion the law is not legal and does not apply to our application," Gilchrist said.

The town also faces two graywacke mining applications from Callanan Industries.

Callanan has applied to mine the rock from 76 acres near the intersection of Dunham Hollow and Greenman Hill roads, about two miles southeast of Troy Sand & Gravel's proposed site.

They have also applied for a 39-acre mine on the east side of Route 66 and north of Gardner Hill Road.

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

Impact of mining operation

Some facts about the Troy Sand & Gravel mine dubbed the Nassau Quarry, from its environmental impact statement.

The company expects to mine 160,000 tons a year from the site.

The site will have access roads on the east side of Route 66 about one-half mile north of the intersection with Gardner Hill Road.

During the first phase, 24 acres will be mined and the section of the hill will be reduced from 1,160 feet above sea level to 1,050 feet.

The company speculates that, depending on market demand, phase one alone could contain 40 to 50 years worth of rock.

The facility will run from 6 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 5 p.m. Saturday.

Truck traffic on nearly roads such as routes 66, 43 and 20 is expected to increase by between 0.2 to 2.1 percent.

Blasting, necessary in hard rock mining, will occur about once a week, depending on market conditions.

Noise from each piece of equipment, including a bulldozer, rock drill, processing plant (stone crusher), front-end loader, off-road mine hauling truck and generator, ranges from 58 decibels to 72 decibels at 200 feet.

The site will be visible to locations in a two-mile radius on the west side of the project including parts of Glass Lake, Alps, Dunham Hollow, Hoags Corners and North Nassau.

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

Comment by Milking the State Cow — May 22, 2007 @ 5:18 pm: … but when places like Gardenway or R&P don’t make it here ….

JOHN GALT REPLIES: Gardenway was doing fine for many many years, until this Estrada dude got in there, and the IDA, as well, as I recall ….

So that is a ridiculous statement that Gardenway didn’t “make it here” ….

I worked at Gardenway at one time, and many, many people from this area worked there, as well, and did quite well for themselves ….

And it was a good place to work …

And then it was looted and run into the ground ….

BY MANAGEMENT!

Please, check your facts before you make these kinds of assertions ….

And so ….

Comment by John Galt — May 23, 2007 @ 3:45 pm

http://blogs.timesunion.com/capitol/?p=4692#comments

RE: GARDENWAY

Conclusion

While organizational change was necessary to keep Gardenway competitive, this change was not effectively managed.

Employee morale is at an all-time low, and turnover is high.

Unless senior management improves company-wide communication, involves employees in decision-making, or generates employee buy-in by some other method, employee dissatisfaction will continue to rise.

The current method of implementing change is through force.

If employees question a decision, they are told to “Do it anyway.”

If they express their dissatisfaction, they are told to “Get on the bus or hit the road.”

Performance is rewarded through negative reinforcement; if employees do their jobs, they won’t get fired.

Management has instituted a fear-based compliance, rather than commitment.

More vocal resistance and potentially sabotage lie in the future of Gardenway unless senior management implements change management principles.

http://www.bartoncentral.com/terry/changemgmt.html

"State sues firm over Buffalo house flipping investments"

Associated Press

Last updated: 12:18 p.m., Thursday, May 24, 2007

BUFFALO, N.Y. -- A New York City investment firm accused of pocketing $2 million in a "house flipping" scam involving more than 50 run-down city properties is being sued by State Attorney General Andrew Cuomo.

A lawsuit announced Wednesday claims East Coast Capital promised high returns to unknowing investors, many of them from downstate, who put their money into the distressed homes.

"These people led a fraudulent, greed-driven scheme to line their pockets at the expense of Buffalo's neighborhoods," Cuomo said in a statement.

Also named in the lawsuit are Joshua and Jessica Doucette, a brother and sister, and their company, JD Realty & Management of Buffalo, and another firm, IMA Equities.

Cuomo said East Coast Capital bought about 53 houses for a total of $961,300 and then received private investor mortgages of more than $2.7 million.

The firm transferred the properties to Jessica Doucette, who then defaulted on the "grossly inflated" mortgages, authorities said.

The defendants are accused of pocketing $2 million while investors lost money because the values of the properties were well below the mortgage amounts.

"We deny that the Doucettes have done anything in the nature of fraudulent or illegal conduct," said Patrick Dudley, a lawyer for the brother and sister.

"At the end of the lawsuit, when the facts are made clear, it will be apparent the Doucettes did not intend to defraud anyone."

Michele Johnson, a city Housing Court liaison who co-founded Buffalo's Anti-Flipping Task Force, said at least two out of every three houses bought or sold by the Doucettes and East Coast Capital have serious code violations and are in Housing Court.

She said about 25 percent of them need to be torn down.

A state Supreme Court judge has issued an order barring the sale or transfer of any property or money involved in the case.

------

Information from: The Buffalo News, http://www.buffalonews.com

"Brothers' convictions overturned in $58 million mortgage fraud case"

By BEN DOBBIN, Associated Press

Last updated: 7:32 p.m., Wednesday, May 23, 2007

ROCHESTER, N.Y. -- A federal appeals court on Wednesday overturned the convictions of two brothers imprisoned in 2003 for conspiring to defraud dozens of banks out of $58 million in mortgage loans.

The U.S. Second Circuit Court of Appeals in New York City ruled that U.S. District Judge Charles Siragusa should have recused himself from the homebuilders' trial when a star prosecution witness claimed he had once helped the judge fraudulently obtain a mortgage.

The ruling opens up the possibility of either plea deals or new trials for Robert Amico, 44, who was sentenced to 17 years in prison, and his brother, Richard, 36, who drew a nine-year sentence.

"If we have to try it again ... we're obviously ready to proceed," U.S. Attorney Terrance Flynn said.

Robert Amico was convicted of conspiracy, bank fraud, mail fraud and operating a continuing criminal enterprise in violation of a law enacted to protect federally insured financial institutions.

Richard Amico was found guilty of conspiracy and mail fraud.

In March 2003, nearly four months into their trial, charges against their father, Robert A. Amico, a construction tycoon accused of orchestrating the scheme between 1994 and 2000, were put on hold when he was diagnosed with cancer.

He died seven months later.

Prosecutors said the Amicos built 185 homes in the Rochester suburbs and, using falsified documents, induced 53 financial institutions around the nation to lend them up to twice as much as the houses were worth.

The Federal Bureau of Investigation and the Internal Revenue Service began investigating in 1998 after people who bought the houses realized they were not worth nearly as much as they were led to believe and defaulted on their loans.

The defense maintained the Amicos did not intentionally commit fraud and that lenders were partly to blame for disbursing high-interest loans despite evidence of loan-application irregularities.

At the start of the trial, both the defense and the prosecution asked Siragusa to step down after Patrick McNamara, a former mortgage broker, alleged he'd made fraudulent representations on a mortgage application in 1987 to make it easier for Siragusa -- then a county prosecutor -- to get a mortgage.

Siragusa rebutted McNamara's assertion and maintained he could be impartial.

But the appeals court said his decision ran the risk of undermining public confidence in the judiciary.

"We are left with the highly unusual case in which the presiding judge was confronted with accusations of impropriety that concerned the very type of criminal activity for which the defendants were on trial," the court wrote.

"While it is certainly understandable that the judge would seek to defend himself from such accusations, our concern here must properly focus on the public's perception."

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

The news of the day in upstate NY includes this story "State OKs Nassau mining plan" at:

http://timesunion.com/AspStories/story.asp...sdate=5/24/2007

All of you NYC types down here who were induced to buy land in Rensselaer County in upstate NY out in the Sand Lake area and east of there should consider dumping it now, while you can still get a nickel on your dollar for it .....

And yes, now, the realtors have to disclose the fact that there will be open-pit hard-rock mines within proximity of your land, assuming that you were some of those that bought it, which makes it worthless for residential purposes, unless you like living near a mine ....

And if you bought it within the last couple of years, you might inquire of your realtor why it was not disclosed to you ....

And if you are thinking of moving to Rensselaer County anyway, and living near these mines, take my advice, if you want to "blend" and go to a dentist and have most of your teeth pulled out, so you will look like a snaggle-toothed native with one or two teeth in your head, when you come up this way, and by God, people will think you were born here ....

And if you are thinking of going fishing up this way, rent that movie "Deliverence", and see what a pig sounds like when it is squealing ....

And so ...

Posted by: John Galt | May 24, 2007 6:45 PM

http://www.nydailynews.com/blogs/dailypoli...the_day_30.html

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

"Goo Goos On Wheels"

May 24, 2007 at 5:01 pm by Jay Jochnowitz, State Editor

This item comes a bit late, but self-described good government groups are doing a “Goo Goo Road Trip” this week as part of their push with Gov. Eliot Spitzer for campaign finance reform.

The groups - including Common Cause/NY, NYPIRG and the League of Women Voters - did a forum in Syracuse last night, and plan one in Rochester today, with more coming in Schenectady and Manhattan.

As part of the campaign finance reform campaign, Common Cause also started up a Web site on which visitors can send a letter to Senate Majority Leader Joseph Bruno, who isn’t entralled with Spitzer’s proposals and characterizes them as an attack on free speech and detrimental to ordinary, middle class people who want to run for office.

The letters urge him to get the Senate on board before the session ends next month.

Bruno so far is in line for 900 letters, Common Cause says.

And, of course, they’re doing a road trip blog.

Comments

In the last 30 years, I have never once heard any of these goo-goo’s make any mention whatsoever of the NY Constitution ….

Not once ….

I wonder why that is, myself ….

If they are “self-described” good government groups, one must wonder at their basis for “good government” here in NYS if it is not constitutional government as our Constitution is written ….

And my money is on that if asked about the NY Constitution, the whole pack of them wouldn’t have the slightest idea of what it even is, let alone what it says ...

And if we really had true constitutional government here in NYS, we wouldn’t need these goo-goo’s, which means that they would all have to go out and find some other line of work ….

And so ….

Comment by John Galt — May 24, 2007 @ 5:38 pm

http://blogs.timesunion.com/capitol/?p=4717

THE NEW YORK DAILY NEWS

"New Yorkers stop for yellow light? Hey, fuhgeddaboudit!"

BY JENS DANA and DAVE GOLDINER
DAILY NEWS WRITERS

Friday, May 25th 2007, 4:00 AM

Rules of the road?

Who needs 'em!

New Yorkers finished dead last in a nationwide test of driver knowledge, which revealed a whopping 36% of us would fail a written Department of Motor Vehicles test.

Much-maligned New Jersey drivers were the second-worst on the test, which included questions such as: What should you do when approaching an amber light? (Stop.)

"Stop means roll here," said Edouard Augustin, 45, of Queens.

"If you stop, you get honked at."

The bottom six states in the behind-the-wheel test are all in the traffic-choked Northeast, suggesting getting somewhere on time may actually be more important to drivers than obeying the law.

New York, which was ranked No. 47 last year, nudged out Rhode Island for the title of biggest boors on the road this year.

"All Americans need a refresher course when it comes to basic driving rules," said Gary Kusumi of GMAC Insurance, which conducted the study.

"Being a safe driver is about conduct, judgment and knowledge."

Outside a Department of Motor Vehicles office on 125th St. in Harlem, New Yorkers weren't surprised that their fellow drivers didn't know a blinking red light from a No Parking sign.

"They're idiots," said Ricky Simmons, 42, of Mount Vernon.

"We're all aggressive drivers out here, so it all balances out."

Bucolic Idaho had the top-ranking drivers, followed by low-stress states like Arkansas, Minnesota and Kansas.

The rankings were calculated based on drivers' answers to 20 questions from actual Department of Motor Vehicles tests.

The average New York driver barely squeaked by with a 71% score, just over the passing grade of 70% and below the national average of 77%.

A whopping 84% of drivers didn't know the right thing to do when they hit a steady yellow traffic light.

But Stevie Coltes, 32, insisted most New Yorkers know the rules - and just ignore them.

"New York and California are the worst," the Manhattan truck driver said.

"New Jersey too."

dgoldiner@nydailynews.com

http://www.nydailynews.com/news/2007/05/25...ght_hey_fu.html

"Lawyer: Lobbying probe was closed - Ex-Attorney General Dennis Vacco's attorney claims state watchdog promised to drop investigation"

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

First published: Saturday, May 26, 2007

ALBANY -- The lawyer for former Attorney General Dennis Vacco's lobbying firm contends the state lobbying commission's chairman vowed to call off an investigation into an alleged illegal contract, court papers say.

William Dreyer made the assertion in a pleading for Vacco and lobbyist James Crane, who are asking state Supreme Court Judge Joseph Teresi to reconsider his rejection of their lawsuit to block subpoenas from the lobbying commission.

Crane and Vacco are partners in the firm now known as Crane, Vacco & Sanders.

Dreyer wrote that he had a telephone conversation with Paul Shechtman, who chaired the Temporary State Commission on Lobbying until March 20.

"Mr. Shechtman advised me that the commission's investigation . . . was closed," Dreyer said.

The conversation came after Albany County District Attorney David Soares in April 2006 ended a six-month investigation into whether Crane & Vacco entered into an illegal lobbying contract.

Soares found no basis for criminal prosecution.

The alleged illegal contract involved millions of dollars in fees that would be paid to the lobbyists if a casino were built for the Seneca-Cayuga Tribe of Oklahoma.

New York lobbyists are not allowed to charge contingency or "success" fees.

Dreyer's court papers say Shechtman told him the commission would abide by Soares' determination.

Shechtman on Friday denied that, although he confirmed he talked with Dreyer after Soares' investigation ended April 28, 2006.

"I spoke once with Mr. Dreyer after the decision and never made such a statement," Shechtman said.

Dreyer did not return a call to his firm.

Lobbying Commission Executive Director David Grandeau, who Crane & Vacco allege is involved in a "bad faith inquisition" because of a personal vendetta, said he was surprised by Dreyer's contention.

He added that Shechtman got upset whenever the proposed investigation of Crane & Vacco came up at meetings during the past 11 months.

He said he believes the lobbyists are trying to block subpoenas until a new ethics office is set up in September, consolidating the ethics and lobbying commissions.

"They're trying to stall so that if things change at the lobbying commission, there'll be less of an aggressive enforcement attitude."

"I think they're wrong about that belief," Grandeau said.

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

"Democratic committee endorses DA candidate"

Albany, New York Times Union

First published: Saturday, May 26, 2007

TROY -- Democrat Richard J. McNally Jr. has secured his first endorsement on his way to being the party's candidate for Rensselaer County district attorney.

The county Democrats' Executive Committee endorsed McNally of Valley Falls on Thursday night.

"It's great to have the Executive Committee's support."

"I look forward to moving on to the general committee," McNally said Friday.

McNally, who has served in both the district attorney's office and the public defender's office, is a graduate of St. John's University Law School.

He is married with two children.

McNally wants to succeed Republican District Attorney Patricia DeAngelis, who is not running for re-election.

First Assistant Public Defender Gregory Cholakis is the endorsed Republican candidate for district attorney.

Troy City Council President Henry Bauer also is seeking the Republican line in the fall election.

-- Kenneth C. Crowe II

"Big raise helps ease struggle of city life"

Albany, New York Times Union

First published: Monday, May 28, 2007

What a difference a year makes, especially when you get a $40,000 raise.

On a May 18, 2006, TV show, Uri Perin told WABC Channel 7 Eyewitness News in New York City, "I make close to six figures and I'm finding it hard to survive in New York."

Perrin said she was moving to more affordable Minneapolis because "over the years the quality of life has become much more important to me," and New York City had become "a struggle to the point of whether you wonder if it's worth it."

Now, though, Perrin, 36, is making $120,800 a year as one of two state staffers for Silda Wall Spitzer, Gov. Eliot Spitzer's wife.

Perrin and Chrissy Stevens, 22, making $50,800, are helping Wall Spitzer with her First Lady duties, including trying to figure out why young upstaters are leaving New York, and how to reverse the trend.

Perrin wouldn't take press calls to discuss her situation.

As former development director of the Brooklyn Bridge Park Conservancy, she was the top paid officer there at $83,750, according to the Better Business Bureau.

She did move to Minnesota for six months, before getting an "exciting opportunity" with the Spitzer administration, said Jennifer Givner, a Spitzer spokesperson.

Asked how she learned of the opening back in New York, Givner said:

"She had a lot of connections."

A $2.5 million present

The governor's campaign stands to make more than $2.5 million at another party for his 48th birthday, and donors include a number of lobbyists and at least one would-be casino developer.

The June 7 shindig is at the Lighthouse at Chelsea Piers in New York City, and follows other high-priced Spitzer fundraisers.

In his continuing strategy of encouraging bundling, the governor asks for up to $100,000 from "chairs" of the get-together.

If they make their quota, they'll get a VIP reception, four seats at a private dinner with Spitzer and a program listing.

Vice chairs must raise $50,000; patrons $25,000; and sponsors $10,000, with declining levels of perks.

Based on a count of chairs, vice chairs, patrons and sponsors in the program, Spitzer stands to take in at least $2.5 million.

Tickets start at $1,000.

Several lobbyists and special interests are on the list of big donors: Alan Lubin of New York State United Teachers; Kelli Conlin of NARAL Pro-Choice; Gavin Donohue of Independent Power Producers; Suzy Ballantyne of the AFL-CIO.

Rochester-based shopping center developer Tom Wilmot is among the patrons.

He's looking to build a casino in central New York for the Seneca-Cayuga Tribe of Oklahoma.

Mall magnate Robert Congel is also on the list of those bundling $25,000.

He's trying to create the biggest retail paradise in North America in Syracuse.

Former Assemblyman Ryan Karben is a sponsor, so he doesn't get a seat near Spitzer, although current Assemblyman Sam Hoyt, a patron, does.

They'll all get to listen to Wynton Marsalis.

Contributor: Capitol bureau reporter James M. Odato. Got a tip? Call 454-5083 or e-mail jodato@timesunion.com.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And I see from the upstate Albany Times Union this morning that the big news from the camp of NYS Governor Eliot "STEAMROLLER" Spitzer on this Memorial Day is that he is using his liberty to get out there some more to peddle his *** for about $2.5 MILLION at another of his interminable fund-raisers where you have to pay BIG BUCKS to get a whiff of the "STEAMROLLER'S" expensive cologne, and even bigger bucks to be seen with the "STEAMROLLER" at his private table!

All you people out there today fighting and dying for the "STEAMROLLER" to have this privilege here in America, BE PROUD that you are getting this opportunity to shed your life's blood for the cause of "STEAMROLLER" Spitzer, whatever on earth it might be, beyond enriching him own self!

And so ...

Posted by: John Galt | May 28, 2007 8:23 AM

http://www.nydailynews.com/blogs/dailypoli...end.html?page=3

"A property tax outcry, but little else - A push for new solutions is met with entrenched, steadfast resistance"

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

First published: Monday, May 28, 2007

As homeowners in the North Country fight rising property tax assessments in court, a growing and increasingly angry group of mid-Hudson Valley residents and their elected representatives are pressuring the Legislature to look at new solutions, including an expanded income tax, as a way to ease the property tax burden.

It is the newest front in the fight over New York's much maligned property tax system, in which politics and powerful, entrenched interest groups block meaningful change.

Members of several organizations in Ulster County, for example, have been e-mailing Assemblyman Herman "Denny" Farrell, D-Manhattan, urging him to release a bill creating a commission to examine the issue of property taxes.

"We are bombarding Farrell, saying get that bill out of Ways and Means," said tax activist Gioia Shebar.

Farrell, a former state Democratic chairman, heads the Ways and Means Committee, which controls tax policy bills in the Assembly.

A top aide to the Assemblyman says Farrell hasn't ruled out action on the bill.

But Farrell's constituents live in Manhattan, and property taxes probably aren't a top priority among them.

New York City schools rely far less on property taxes, so tax rates in the city are lower than in the rest of the state.

Of the 107 Democrats who control the 150-seat Assembly, 65 represent districts in New York City.

Assembly Democrats also are closely aligned with the state's major teachers union, New York State United Teachers, which is cautious about moving away from property taxes to finance schools.

One factor behind policymakers' preference for the property tax is its stability.

Revenue from income taxes tends to fluctuate with the economy, while property taxes, which people will pay before they pay other bills, are reliable.

"One of the things we've always been concerned about is a stable funding source for schools," said NYSUT spokesman Carl Korn.

That's not to say the Republicans who control the state Senate aren't similarly constrained by their constituencies.

Senate Republicans from Long Island and northern New York City suburbs have long complained about their property taxes, which are among the highest in the nation.

A national analysis by Washington, D.C.,-based Tax Foundation found that, as of 2005, four of the top 10 counties with the highest median property taxes were in New York state.

Westchester and Nassau counties led the list.

The foundation also found that of the 10 counties with the highest property taxes as a percentage of home values, nine were in New York.

Some Republican lawmakers, such as Assemblymen Tom Kirwan of Newburgh and Joel Miller of Poughkeepsie, favor shifting more local government costs to income taxes.

Kirwan cites personal experience to explain why: With a State Police pension, Social Security and his $79,000 Assembly salary, he is financially comfortable.

A neighbor in the duplex where he lives, however, has far less income, but they both pay about $4,500 annually in property taxes.

"Why does he pay the same that I do?" asked Kirwan.

The state's business community is generally more aligned with Republicans than Democrats, and talk of higher income taxes -- even if that means lower property taxes -- is frowned upon there.

"It's an illusion to believe that 400 pounds becomes easier to carry if you shift it from your right shoulder to your left," said Matthew Maguire, spokesman for the state Business Council, which has historically opposed higher income taxes.

And no legislator wants to be known for raising state taxes.

It's easier to rail against property taxes, which are set by local officials.

"It's the status quo."

"People see lots of problems in any change," said Carole Kraus, another Ulster County tax activist.

"Politicians ... they are terrified that somebody will have to pay more in taxes," Kirwan said of the idea of a higher income tax.

The result is mere tinkering with New York's system.

The STAR, or School Tax Relief program, and the additional rebate that comes with it is an example.

While STAR can save homeowners hundreds of dollars and the additional rebates can boost savings into the thousands, many suburban and rural homeowners are struggling with five-figure tax bills.

"People need something now, other than the STAR program," said John Whiteley, a tax activist from Ticonderoga, Essex County, who compares STAR to the proverbial bandage on an amputation.

But there has been some movement to a more progressive system, in which people are taxed based on their ability to pay.

Gov. Eliot Spitzer, for example, tied this year's expansion of the STAR rebate to income on a sliding scale.

But the governor is not planning a wholesale shift to income taxes, said spokesman Brad Maoine.

The rebate, though, was an encouraging move in the eyes of Frank Mauro, director of the Fiscal Policy Institute, a labor-backed think tank that favors a gradual shift by the state toward deriving a greater share of revenue from the income tax, and in turn providing more to fund education.

"We feel the state's share should be increased more in the future," said Mauro, who said that, in the Rockefeller years, there were 14 state income tax brackets, ranging from 2 to 15 percent.

Now, there are five brackets, going from approximately 4 to 6.85 percent.

At the same time, real estate values have skyrocketed, more than doubling in the last decade alone, which means that, for many people, the burden has shifted from income to real estate taxes.

An analysis by the state's Office of Real Property Tax Services shows that between 2000 and 2006, the market value for residential housing doubled in much of the eastern part of the state from Long Island to Greene and Columbia counties, with some towns seeing increases of 150 percent or more.

The end result is that middle-class homeowners in areas where property values have spiked continue to struggle as they become property rich and tax poor.

Kraus, who lives in the Ulster County community of Marbletown, said she and others she knows have taken out home equity loans to pay their taxes.

Whiteley, in Ticonderoga, says tax hikes have transformed the east shore of Lake George.

For years, the shoreline there was dotted with motels and cottages where people of modest means could escape during the summer.

But high land values -- and taxes -- have prompted many innkeepers to sell their properties to home builders.

"In effect, their property has been confiscated by the taxes," said Whiteley.

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