SLIDESHOW

Friday, November 19, 2010

Albany's bad rep stunts Gov.-elect Andrew Cuomo's administration hires

Friday, November 19th 2010, 4:00 AM
Andrew Cuomo is taking his time in naming his staff because of Albany's dysfunction.
Warga/News
Andrew Cuomo is taking his time in naming his staff because of Albany's dysfunction.

ALBANY - Gov.-elect Andrew Cuomo plans to wait until the middle of next month to announce the key players of his administration.
Cuomo, during a radio interview Thursday, said he needs time to fill out his staff and cabinet because Albany's reputation for dysfunction has made it difficult to attract top talent.
"When you now say, 'Come to work for state government in Albany,' you have to see the facial expressions you get," Cuomo told Albany's Talk 1300.
Cuomo has formed more than a half-dozen transition committees that are charged with recruiting and recommending staff to fill out his administration.
"I know everyone is anxious, but I also want to have an intelligent, orderly process and make sure we pick the best people," said Cuomo, who takes office on Jan.1.



Thursday, November 18, 2010

New York's top judge sets deadlines for state contested races

Jack Martins and Craig Johnson.
Photo credit: Danielle Finkelstein (left); handout | Jack Martins and Craig Johnson.

The state's top judge issued a set of deadlines Thursday meant to wrap up any contested state Senate races before the upper house of the State Legislature reconvenes on Jan. 5th.
Control of the Senate will depend on the outcome of three close races: one in Nassau, one in Westchester and one abutting Lake Erie that stretches from Erie County and part of Buffalo north into Niagara County and Niagara Falls.
Judge Jonathan Lippman said in an "administrative order," that court hearing and rulings in those three races be completed by Dec. 6, "absent extraordinary and unavoidable circumstances" - a phrase he did not explain further.




The order said the two Appellate Divisions handling the cases - the Second and the Fourth Departments - should finish work by Dec. 8 - "but in any event no later than December 15." The Court of Appeals would hear all cases by Dec. 20, but the order gave no timetable for the Court of Appeals to rule.
Lippman said the order was being issued because of "the importance of the timely hearing and resolution of" disputes in the three races.
Attorneys in the Nassau case said it was clear that Lippman and the Court of Appeals did not want to put themselves in the position of the Supreme Court in the landmark Bush v. Gore case a decade ago in which the high court, bound by time constraints, found itself unable to order any remedies without interfering with the inauguration of the president.
The attorney did not want to be identified because they might have to argue the Nassau case before the Court of Appeals.
Meanwhile, the count of papers ballot in the tightly contested Seventh state Senate race in Nassau County was delayed for more than two hours Thursday morning because a Democratic lawyer was in court giving an update to the chief administrative judge for Nassau courts.
Attorney Steven Schlesinger, representing Democratic incumbent Craig Johnson, said after the session with Judge Anthony Marano that he had told Democratic workers not begin the count at 9 a.m. as scheduled because he had "an absolute right to be present at the count."
The doors to the counting room at the Board of Elections had opened a few minutes before 9 a.m. and workers entered as if to begin the seventh day of counting, but never got to work. They finally resumed at 11:20 a.m., about 20 minutes after the court session ended. Johnson trailed Republican challenger Jack Martins by 382 votes as of the lunch break Thursday. The votes totaled 42,409 for Martins and 42,027 for Johnson.
In Suffolk, Rep. Tim Bishop (D-Southampton) has narrowed Republican Randy Altschuler's lead to 280 votes, Bishop spokesman Jon Schneider said Thursday.
Officials have counted absentee ballots from all of Smithtown, Altschuler's home, and 39 of 42 election districts from Southampton, Schneider said. Counting is set to continue Thursday on absentee ballots from East Hampton and Southold.
Earlier, Altschuler spokesman Rob Ryan said he'd yet to receive an update Thursday from campaign officials at the Board of Elections in Yaphank.
"I'll hear from them at lunchtime," he said. "It's useless to do this play-by-play, because once you hear it, it all changes."
In Nassau, Marano told Democratic and Republican lawyers that he did not want to interfere in their work, but he wanted to make sure that the court system had time to handle any appeals in the case.
Governor-elect Andrew Cuomo wrote to Lippman Wednesday urging him to "proactively address" some of the pending court actions surrounding the election in three State Senate races: the 7th in Nassau, the 37th in Westchester and the 60th near Buffalo.
"In my view, a Senate in limbo is not only undesirable, but also unacceptable," Cuomo wrote. He said he feared the Senate might lack a working majority and, "That would complicate, if not render impossible, the conduct of day-to-day-business in the Senate chamber."
"I think everyone realizes how significant these three races will be and it has to be done competently, and everyone wants to get out front, making sure they're telling everyone else to get it right," William Biamonte, the Democratic elections commissioner for Nassau County, said of the meeting with Marano. John Ryan, counsel to acting Republican elections commissioner Carol Busketta, declined to comment.
With James T. Madore, Mitch Freedman and Reid J. Epstein

7th SD: all undisputed ballots counted; Martin leads

Republican Jack Martins leads Democratic incumbent Craig Johnson by 403 votes with all the undisputed ballots counted.
However, there are 879 contested paper ballots awaiting a judge’s review.
After seven days of close examination of more than 4,200 paper ballots,  Martins had 42,532 votes to 42,129 for Johnson,  officials of both parties said.
GOP's Scott Reif says:
"They’ve concluded opening all undisputed ballots and Jack Martins
will be the new Senator from the 7th Senate District in Nassau County.

While 849 disputed ballots remain, those are comprised of 431
ballots from voters registered Republican, Conservative and Independent – all
lines Jack Martins ran on -- compared to 321 ballots from registered Democrats,
a difference of 110. Given the voting patterns of machines and paper ballots,
it is virtually impossible for Senator Johnson to overcome the 403 vote
deficit."


It’s clear that Jack Martins will win and that any further delay in
opening other ballots is simply another attempt by the Democrats to stall the
inevitable."

Dems have insisted that a count off all ballots - which would include a hand count of machine ballots - would put their guy over the top. Here's Dem's Austin Shafran on the latest:
"Martins' slim lead represents less than half of one percent of the total votes cast. That's why we're continuing to fight for a full and fair count of every vote."

LOOKING FOR A STATE JOB????



UNCLE CUOMO WANTS YOU!!!


Fluff and Stuff

With all the tension and stress associated with a close post election count, Spin Cycle gives us a little relief.......

Nassau attorney has ties

Peter Bee and his ties
Photo credit: William Murphy Newsday 2010
Republican attorney Peter Bee is known in Nassau County political and legal settings for his ties.
Yes. The ones men wear around their neck.
On Wednesday he showed up at the Nassau County Board of Elections with a math-themed tie as workers continued to count paper ballots in the Martins-Johnson state Senate race.

and to be bipartisan and give equal time to the Democrats.............

Glen Cove pol dresses up the place

Assemb. Charles Lavine (D-Glen Cove)
Photo credit: William Murphy Newsday 2010
The tedium of counting ballots in the contested state Senate race in Nassau gets a bit much, so the onlookers in Mineola amuse themselves with jokes and silliness.

It was informally decided Wedneday the Republican Peter Bee had the best tie (see earlier Spin entry) and the conclusion was that Assemb. Charles Lavine (D-Glen Cove) was one of the best-dressed visitors to the dusty counting room.

Cuomo: End chaos in Senate

  • Gov.-elect Andrew Cuomo wants a viable Senate. (Will Waldron/Times Union)
another view of the same "let's get this done" theme.................andy
Published: 12:00 a.m., Thursday, November 18, 2010
ALBANY -- The still-unsettled question of which party controls the state Senate "would complicate, if not render impossible, the conduct of day-to-day business in the Senate Chamber," Gov.-elect Andrew Cuomo wrote in a letter to the state's top judge.
"In my view, a Senate in limbo is not only undesirable, but also unacceptable," Cuomo said in an open letter to Court of Appeals Chief Judge Jonathan Lippman. "The challenges now facing the State are immense and impact the lives of all New Yorkers. Rarely in our history has it been more important that the State has a fully functional Legislature."
Cuomo asked Lippman, who oversees New York's court system, to expedite legal cases surrounding the ballot counting that will decide Senate seats in Nassau, Westchester, Niagara and Erie counties.
Three Democratic incumbents -- Suzi Oppenheimer, Craig Johnson and Antoine Thompson -- must be re-elected for Democrats to obtain the majority. The exact tallies shift day by day, but Republican challengers to Johnson and Thompson currently lead, and could provide the GOP with the 32 elected members needed to control the chamber. Oppenheimer's lead grew Wednesday after a judge authorized counting to begin.
Democrats and Republicans alike issue near-daily declarations of optimism that their side will control the chamber. Gov. David Paterson said Republican control is "probable," and Cuomo indicated last week he desired simply a "functional" Senate. During his campaign, he kept that chamber's current leadership at arm's length; it is believed a Republican-controlled Senate would help Cuomo enact some of the more fiscally conservative elements in his agenda.
"Obviously every vote must be counted accurately and fairly; but, they must also be counted expeditiously," Cuomo wrote to Lippman. "I make this request without regard to any political considerations, and solely out of a desire to ensure that our State government is capable of addressing the grave problems that lay before us."
Gary Spencer, a spokesman for Lippman, said he has received Cuomo's letter and "agrees the matter is both important and urgent. It will be addressed promptly." A more detailed response is expected soon.
Meanwhile, Senate Democrats in recent days laid the groundwork for legal motions to count every paper ballot cast and read by an optical scanning machine based on problems reading electronic "memory sticks" in Erie County, Thompson's home base. They also verbally requested full recounts in Johnson's race, but have not yet made a formal legal motion.
"We want a timely and responsible process that leads to a fair and honest count of every vote," said Austin Shafran, a spokesman for the Senate Democratic conference. "Due to the widespread, reported machine problems ... on Election Day, a full manual recount may be the only way to ensure every vote is counted."
Republicans say the request does not meet necessary legal thresholds, and they note standard audits of 3 percent of the scanners have not shown irregularities. Senate Republican spokesman Scott Reif said Democrats were "desperate to portray the process as flawed because they don't like the results."
If the Democrats prevail in their legal arguments the recounts could drag for months, according to Jerry Goldfeder, an election law specialist at Stroock & Stroock & Lavan who often works for the party. In addition to the veracity of individual ballots, questions of the validity of the machines and process would be litigated.
"It would be unprecedented in the last 50 years," Goldfeder said, noting the state's previous use of mechanical voting machines. "And it could take quite a while, unless the boards of elections and/or the courts impose strict deadlines."
Reach Vielkind at 454-5081 or jvielkind@timesunion.com.
The Senate (so far)
Solid GOP seats: 30
Solid Democratic seats: 29
Toss-ups: GOP leads in 2; Democrat, 1
7th District, Nassau County: Republican Jack Martins leads Sen. Craig Johnson, D-Port Washington
37th District, Westchester County: Sen. Suzi Oppenheimer, D-Mamaroneck, leads Republican Bob Cohen
60th District, Erie and Niagara Counties: Republican Mark Grisanti leads Sen. Antoine Thompson, D-Buffalo

Wednesday, November 17, 2010

Cuomo: Please resolve the Senate by Jan. 5. Thanks.

 
Let's get this show on the road, New York is one big fiscal mess and everybody needs to do the job they were  elected to do.....clean it up!!!!        andy
 
CAPITOL CONFIDENTIAL
Wednesday, November 17, 2010 at 12:57 PM by Jimmy Vielkind in 2010 State Senate Election, Andrew Cuomo


Gov.-elect Andrew Cuomo wrote to Court of Appeals Chief Judge Jonathan Lippman, asking him to move along legal cases related to three outstanding Senate races. Cuomo wrote in his future capacity and current position as attorney general.
“In the absence of such a resolution, when the Legislature assembles on Wednesday, January 5, 2011 to begin the new legislative term, the Senate may lack a functioning majority,” Cuomo wrote. “That would complicate, if not render impossible, the conduct of day-to-day business in the Senate Chamber. Moreover, a non-functioning Senate would stymie the ability of the Legislature as a whole to pass bills, fulfill it’s responsibilities in enacting a timely and balanced budget, and otherwise do the people’s business.”
Democrats yesterday claimed problems with the memory sticks of voting machines in the 60th district — where Sen. Antoine Thompson is fighting to retain his seat representing parts of Erie and Niagara counties — may necessitate a hand recount of all the ballots. That will take a long time, and drew Senate Republican spokesman Scott Reif to accuse the Democrats of being “desperate to portray the process as flawed because they don’t like the results.”
Cuomo has said he wants a “functional” Senate. His letter is below.
Dear Chief Judge Lippman:
For reasons which follow, I write for the purpose of requesting that the New York State Unified Court System take appropriate steps to ensure that election-related litigation involving the three undecided State Senate races be resolved as expeditiously as possible.
Today, more than two weeks after Election Day, several lawsuits have already been commenced, and numerous courts, election workers and lawyers throughout the State are busily engaged in the process of resolving the elections at issue.
As you know, the very nature of matters implicating election laws and proceedings routinely requires expeditious consideration and disposition by the courts. And, New York’s court system has a long and proud tradition of carrying out this vitally important responsibility.
This year, I believe, there is particular urgency for an expeditious resolution of the three undecided State Senate races (in the 7th, 37th and 60th Districts), which will determine the balance of power in that House of the Legislature. In the absence of such a resolution, when the Legislature assembles on Wednesday, January 5, 2011 to begin the new legislative term, the Senate may lack a functioning majority. That would complicate, if not render impossible, the conduct of day-to-day business in the Senate Chamber. Moreover, a non-functioning Senate would stymie the ability of the Legislature as a whole to pass bills, fulfill it’s responsibilities in enacting a timely and balanced budget, and otherwise do the people’s business.
In my view, a Senate in limbo is not only undesirable, but also unacceptable. The challenges now facing the State are immense and impact the lives of all New Yorkers. Rarely in our history has it been more important that the State has a fully functional Legislature. To that end, it is imperative the three pivotal Senate races be decided as soon as possible, consistent with applicable statutory and constitutional requirements.
Accordingly, I respectfully request that the court system proactively address the scheduling of litigation related to the three Senate seats to ensure they are promptly and fairly resolved. I am firmly of the belief that if these cases are not fast-tracked – through appropriate scheduling orders and procedures – some or all of them may take months to resolve, and delays of that length could cripple the orderly operations of the Legislature. Obviously every vote must be counted accurately and fairly; but, they must also be counted expeditiously. I make this request without regard to any political considerations, and solely out of a desire to ensure that our State government is capable of addressing the grave problems that lay before us.
Thank you in advance for your professionalism, understanding and attention to this matter.
Respectfully yours,
Andrew M. Cuomo
Attorney General
and Governor-Elect of the State of New York