Wednesday, July 31, 2013

Bazzomanifesto Update 07/31/13: 13 Topics In Today's blog

Dear Friends and E-Mail Buddies:

Thank to the help of a good friend Pat N. we are able to bring you the complete 2012 season of the Volpe/Bazzo Report for those who do not have Optimum/Cablevision.

Here is the link to the complete list of shows available:

1) Editorial By Bryan Fumagalli (Editor Of Yorktown News) In This Weeks Yorktown News: Yorktown deserves better

2) Astorino Endorsed by Major Laborers' Union

3) On Medicare’s 48th Anniversary, Sean Patrick Maloney Continues to Oppose Plans to Save It

4) Times Union to Cuomo: Casinos Aren't Economic Development

5) PlanPutnam: The National Holiday (Not) Edition.

6) PlanPutnam : The "Really?" Edition

7) 12 Graapes 07/31/13:  #R&B, #80sRock, #World Fusion

8) ROI By FJR: Dead Last 

9) Westchester Legislators Announce Capital Projects Dashboard Update for July 2013




13: Frank Talks with Bruce the Blog: Frank J. Rich, Author On YouTube
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************Sites to link to for more information (to be a better voter)
************Cable shows to watch (to better inform)

Yorktown deserves better
BY Bryan Fumagalli
of Yorktown News
When the race between Nick Bianco and Michael Grace for supervisor became official in May, both candidates pledged to run respectful campaigns.
The campaign, they said, would be about the issues important to the future of Yorktown.
In fact, at the May 21 Town Board meeting, both men made it a point to encourage civility:
“We all have pledged that we will work with each other as we always have,” Supervisor Grace said. “At times, there will be disagreements, but hopefully they will be substantive disagreements and disagreements on substantive issues.”
Moments later, Mr. Bianco echoed his opponent’s sentiments. “So, we’re going to be professional,” Councilman Bianco said at that May 21 meeting. “Mr. Grace will be professional, Mr. Paganelli, Mr. Murphy and Mr. Vishnu Patel. So please, do not try to bait us, because it will not work with me and I’m sure it’s not going to work with Mr. Grace.”
Well, the bait was taken last week and it was in the form of a front page article in a regional weekly newspaper with the headline: “Supervisor’s Campaign Contributions Raise Eyebrows.” What followed were criticisms from Mr. Bianco that were anything but substantive.
Apparently, the big scandal is that Mr. Grace is raising money for his re-election campaign. Not only that, but he has even accepted donations from developers and businesses with interests inside and outside of Yorktown.  Imagine that.
In light of this reality, Councilman Bianco said, “This town is for sale and this proves it…I won’t accept money from developers and never have, or from people who may, or do, do business in town.”
In our page one article this week, we highlight how Mr. Bianco has, in fact, accepted donations from developers and those who do business in Yorktown and who have even been before the Town Board for various permits.
Just like with Mr. Grace’s donations, we see nothing wrong with Councilman Bianco’s fundraising practices. As far as we know, he has not broken any laws by accepting these donations, and there is no evidence he voted a certain way due to a political donation.
To be clear, several weeks ago our paper had been encouraged to look into who was donating to the supervisor. From what we could tell, there was no wrongdoing going on. In local elections, candidates raise money from local concerns and people who want to do business with, and in, the town. This is a common practice in towns all across this country. In many cases, it simply makes sense for businesses to get involved in the political process. The records of the candidates can be found on the State Board of Elections website.
Bottom line is we saw nothing newsworthy about Mr. Grace’s fundraising records.
We did, however, find the comments of Mr. Bianco to be newsworthy given that he has accepted donations similar to those he criticized the supervisor for accepting.
Now that we have done that, we find little newsworthiness in this subject moving forward, barring an actual scandal. We wish both candidates well and look forward to covering a hard hitting, above board campaign for all elected offices in Yorktown.
The people of Yorktown deserve better than to read about innuendo from their elected leaders. We see the absolute lack of leadership from both political parties on the national stage and it is harming the country. We do not need that on the local level.
Supervisor Grace is running on what he believes is a successful record, and Nick Bianco is running on his record as a councilman for the past 17 years. From what I can tell, they both care about Yorktown and its residents, but simply have different ideas of which direction the town should go in.
Let’s hear more about the two directions and less about donations from developers.
Contact:Bill O'Reilly, 212-396-9117                FOR IMMEDIATE RELEASE

Laborers' International Union of North America, Local 60 Endorses
Westchester County Executive Rob Astorino for Re-election

"County Executive Astorino Understands that Infrastructure Repair and Reinvestment Are Key to Public Safety, 
a Healthy Westchester Future"

Westchester -- July 29...Westchester County Executive Rob Astorino was endorsed for re-election today by the Laborers' International Union of North America (LIUNA, Local 60),  the fastest-growing union of construction workers in America, and one of the most diverse and effective unions representing public service employees.

The union cited County Executive Astorino's vision in proposing and investing in key infrastructure projects in the county in his first term in office -- including the new Tappan Zee Bridge project -- as a significant reason for its endorsement.

"Ensuring safe roads and bridges and forward thinking projects like the new Tappan Zee Bridge are among the hallmarks of County Executive Astorino's first term, and we strongly believe that he deserves a second," said Anthony Ascencao, of LIUNA. "County Executive Astorino understands that essential services, like safe roads, water tunnels, and bridges may not be headline grabbers, but they are fundamental to Westchester's social and economic future. LIUNA workers proudly endorse Mr. Astorino for re-election."

County Executive Astorino, a long-time union member himself, has proposed well over $100 million in capital projects each year he has served as County Executive. He was the critical vote in demanding environmentally responsible mass transit options for the new Tappan Zee Bridge, and he has been the champion of the visionary North 60 biotech campus.

"I am enormously grateful for this important endorsement, and I pledge to continue my work toward ensuring a vibrant and healthy economic future here in Westchester," Mr. Astorino said. "I have worked hard to find savings in government -- including in my own staff budget -- so that we can afford truly essential projects like infrastructure repairs. Our roads, bridges, water and sewer tunnels are the arteries that keep Westchester moving, and as long as I'm County Executive, they will be taken care of."


For Immediate Release
July 30, 2013
Contact: Press Office
(202) 479-7070
On Medicare’s 48th Anniversary, Sean Patrick Maloney Continues to Oppose Plans to Save It
Maloney opposed a balanced budget which would have preserved Medicare for future generations

– Forty-eight years ago today, President Lyndon B. Johnson signed Medicare into law. How is Rep. Sean Patrick Maloney celebrating this historic anniversary? By continually opposing plans that would balance the budget and preserve and protect Medicare for future generations.
“On the anniversary of Medicare, Sean Patrick Maloney and Congressional Democrats should be ashamed of their votes to destroy this vital social program,” said NRCC Communications Director Andrea Bozek. “Sean Patrick Maloney’s consistent opposition to a balanced budget is hurting seniors and bankrupting Medicare.”
Maloney’s vote against the Republican balanced budget isn’t the only vote that hurt Medicare recipients. Maloney has also opposed fully repealing ObamaCare, which gutted Medicare by $716 billion. Recent reports have shown that doctors are abandoning Medicare payments due to ObamaCare’s costs and regulations.
Sean Patrick Maloney Voted Against The Republican Balanced Budget.
(H. Con. Res. 25, Roll Call #88, 3/21/13)
Sean Patrick Maloney Voted Against Repealing ObamaCare.
(H.R. 45, Roll Call Vote # 154, 5/16/13)
Fewer doctors are treating patients enrolled in Medicare because of ObamaCare’s costs and regulations. (“More Doctors Steer Clear of Medicare,” Melinda Beck, Wall Street Journal, 7/29/2013))
July 31, 2013
Times Union to Cuomo: Casinos Aren't Economic Development
Contact: David Laska
We thought you'd enjoy this great editorial from this morning's Albany Times Union.  Once again, Sen. Kathy Marchione has it right: Andrew Cuomo doesn't have a viable economic development plan for Upstate New York.
"Start-up NY" is small ball and, as the Times Union says, building casinos isn't much of a strategy for substantial, longer-term economic revival.
Check out the full piece below:
Now What for Upstate?
The Albany Times Union
July 31, 2013
Our opinion:  State Sen. Kathy Marchione puts the Cuomo administration on notice that it needs a plan to make up for the loss of prison jobs. It's time for a comprehensive upstate jobs program.
The Cuomo administration isn't doing anything wrong, certainly, by closing Mount McGregor in Saratoga County and three other prisons. But neither is it doing the entirely right thing.
For that, it needs to listen to state Sen. Kathy Marchione, R-Halfmoon.
Here's the backstory, so full of irony, that precedes Gov. Andrew Cuomo's understandable determination to save money by shutting down prisons it no longer needs:
It was on Gov. Mario Cuomo's watch, almost three decades ago, that the state went on a prison-building binge. The now-repealed Rockefeller era drug laws demanded it, unfortunately, and the elder Mr. Cuomo never mustered much of an effort to change them. Instead, prison construction became the closest thing state government had for a strategy to revive the economy of a region that was, and still is, in serious decline.
That puts the younger Mr. Cuomo in the odd position of coming up with the missing economic component in an otherwise prudent and overdue change in the state's approach to criminal justice. The prisons New York no longer needs, largely because of a reduction in drug crime, still provide the sort of decent-paying jobs it can't afford to lose, especially upstate. At Mount McGregor alone, there are 320 such full-time jobs.
The Cuomo administration insists that the people who will be out of jobs at these prisons next summer will be able to work in nearby correctional facilities - there are five, for example, within about 90 minutes of Mount McGregor - or else in other state agencies. While that may be true in the short run, it's hard to imagine that cuts in prison staffing won't follow.
Ms. Marchione has quite correctly insisted that it's time for a serious plan for creating and retaining better jobs upstate, especially since this move puts at risk the best jobs available in some upstate communities, where prisons for years were the only growth industry. Mr. Cuomo needs to address that reality.
We've had our disagreements with Ms. Marchione, often on such issues as gun laws and gay marriage, where Mr. Cuomo has held the smarter ground. But here the governor should engage her.
He's already on notice that building casinos isn't much of a strategy for substantial, longer-term economic revival. And we're eager to hear all those still-missing details about his idea for turning State University campuses into tax-free zones full of jobs. Now, a governor fond of taking note of the opportunities that crises tend to present should heed the call of Ms. Marchione.
She's the one demanding the comprehensive vision for upstate that does more than save money in the short term - about $30 million overall - but is likely to lead to hardship for many families over the long haul. She's demanding, in other words, an end to three decades, spanning one Cuomo administration to another, shortchanging upstate with policies that weren't fully thought out.
"We need a practical, sustainable plan for economic development," she says.
Closing prisons that are no longer needed is a refreshing break with the past. But with that must also come a hard look to the future.
Pick your music style.
We've got it this week
@ 12 Grapes.
Wed: Alt Rock / Pop with Drew Bordeaux
Thu: Blues/Soul/Funk/Jazz with JP Patrick & Friends
Fri:  Classic & Modern R&B with BaseCamp
Sat:  A Tribute to '80's Rock with The Fred Savages
Sun: World Fusion Funk with Harmonium
 Call for "Dinner & Show" Reservations: 914-737-6624
This Week's Live Music Events at 12 Grapes 

Ladies Night: "Burgers & Bordeaux"
Join us every Wednesday for drink and dinner specials and live music featuring Drew Bordeaux. 
WED SPECIAL: $10 Burgers for all.
LADIES SPECIALS (7:00 -10pm): 
Small Plates menu, Half-priced Apps, $6 Martinis, $6 by-the-glass wines.
~ ~ ~ ~ 
Drew performs an eclectic mix of Rock and alt-Pop/Rock covers, weaving in a few
 "relentlessly catchy" originals. Every week's a different show as Drew mixes up his set list and fans shout out their favorites. Free Admission.
Thu, Aug 1, 8:30 - 11:00 ~ "Sessions"
with JP Patrick & friends
A night of Blues, Soul, Funk and Jazz. JP has been on the Blues music scene for years, and is a tremendously talented front-man, vocalist and sax player. Nights with JP and his band are always super-fun! Tonight features Dave McDowell on sax, Linda Geiger on drums, Paul Biz on bass plus other special guests. Free Admission.
The Hudson Valley's #1 R&B Experience 
BaseCamp is a 6-piece band that performs REAL, soul-filled R&B classics from Luther Vandross, Teddy Pendergrass, Sade', Mary J. Blidge, Frankie Beverly & Maze, Charlie Wilson, The Isley Brothers and on and on. This powerhouse band features vocals and harmonies that will set your soul on fire. The first time they were here, we sang and danced 'til we dropped. This is a night NOT TO BE MISSED! Don't forget your dancing shoes.
$15 minimum/person for table reservations. $14 Entertainment Fee or $5 with dinner entrees. 
Sat, Aug 3, 9:30 - 12:30
Geoff Hartwell!
Drew Bordeaux!
Matt Norris!
in an 
'80's Tribute Band

The Fred Savages
Get ready to have your mind blown! With the BEST of '80's Rock!! Tunes from Peter Gabriel, Ozzie Ozborne, Billy Idol, The Police, The Cars, U2, The Stray Cats and more. The Fred Savages is not only "...the best-named band in the world" (Westchester Magazine's "This Weekend"), it's the most entertaining band EVER! Three powerhouse musicians. One bitchn' night. $10 Entertainment Fee or $5 with dinner entree.
Sun, Aug 4, 6:30 - 8:30 ~ World Fusion Funk
 with Harmonium
To describe their music as "unique" is an understatement. Harmonium is a World-fusion band that incorporates very different styles of playing into one unique entity. The use of various instruments from around the world allows the band to create sounds that "free your mind and spirit, as well as spring your body into action." Harmonium features 
Mark McIntyre on guitar, Joe Schultz on didgeridoo (an Australian wind pipe), and Mike Cesario on percussion. If you love great listening music -- creative original music -- tonight's your night.
$5 Entertainment Fee or Free with purchase of $10 in food/beverage.

For "Dinner & Show" reservations, 
Thanks again for joining in the fun at 12 Grapes. To see our full calendar of events and photo gallery, please visit 
As always, thank you for your patronage and friendship,
Rich & Jeannie Credidio
12 Grapes
12 North Division Street, Peekskill, NY
Summer Salads
from our 
Sherry Braised 
Beet Salad
Great Hill Farm Blue Cheese, Creamy Vinaigrette
House-made Mozzarella & Slow-roasted "Sweet 100" Cherry Tomatoes  
Grilled Crostini & Extra Virgin Olive Oil 
Arugula Salad with Candied Almonds
Caramelized Cherry Vinaigrette
Wed, Aug 7
Ladies Night: Burgers & Bordeaux
Thu, Aug 8
Open Mic Night
 With host, Jess Erick

Fri, Aug 9
Melissa Frabotta
CD Release Party
Sat, Aug 10
KJ Denhert
KJ   Award-winning Urban Folk & Jazz
Sun, Aug 11
Kevin Myers &
Ryder Stuart
For more info, visit
Back to the Garden
a Woodstock Tribute 
R.O.I. By Frank J. Rich
Dead Last 
July 30, 2013

Everything bought is sold. It's axiomatic that one follows the other. The gratification in the one may be more obvious than the other; buying things-not just spending money, such as on rent and utility bills-is near instant gratification for most. Even the depressed find their elixir in it. But what about selling those same things? Does it too deliver such elation and inner joy?
At some point those of us who buy must meet up with those of us who sell. Do we find strange the conclusion that we are all in both roles at times? Imagining the buyer in us is easy. He is impulsive, aware of oneself and his self image, loosely, how he thinks others think he thinks about himself, and driven by emotion to satisfy some urge-the taste in unusual food, the feel of new shoes, the specialness in attending a Broadway production, on Broadway.
He is also receptive to being sold, though he shuns this innermost desire. We all want to feel helped by others; it elevates our specialness. And when others reach out to inform and educate our choices-for our unique benefit-it raises our sense of belonging to another, an uppermost need in humans.
The seller in us is often less evident. For many it is an odious assignment. Some even claim to be so bad at it they'd never take a sales job. The receptionist might say: "I'm not in sales, but I'll connect you to them." In this case she may be shirking the responsibility of all organizational stakeholders to help engage the caller (ie, customer) and set him up for a successful transfer.
She might also say: "Let me help direct you to the right person. Is your interest in one of our products, or are you calling to speak with our customer service personnel? A little information would help me prepare them better to serve your needs before I connect you." Good sales job, wouldn't you agree?
Yet most shudder to deign to such heights as the postural somatic in them wages war between the heart and mind. That which sounds like sales is more politely persuasion. Perhaps, but the representation of all things, however objectively modeled, is at its root a sell. "Eat your peas," mother would say, before the logical justification or inveigling that followed accumulated in her gushing encouragement. No less, to be convinced of a movie's value to one who has not yet seen it is often the Leonard Maltin in us extolling its virtues.
Truly, in everyone, there lies, at least beneath the surface, the desire to influence another, which motivation is found in the cauldron of self worth bubbling deep in us. It's our urge to be liked, at the simplest level of the human psyche.
In the venerable play by Arthur Miller, "Death of a Salesman," lead character Willy Loman leans precipitously over the edge of believability in issuing his own version of the inner need to be liked.
"The man who makes an appearance in the business world, the man who creates personal interest, is the man who gets ahead. Be liked and you will never want," says Willy in Act I of the classic.
Is he right? Yes and no! While it is necessary that our divining rod find its true north to salve our identity, just how much is "being liked" a philter in sales? As was quickly revealed in the aforementioned dialogue, "He's liked, but he's not well liked."
In fact, survey data concludes that among the top "attributes of a salesperson in the customer's eyes," being liked is dead last. This conclusion, though accurately assessed in survey data, may not tell the whole story. What matters more to customers (being sold) may indeed accumulate to the status of "being liked," though apart from the attribute of "being liked."
First among the attributes most important to customers is "knowledge of the company's products and the business model." It makes sense, at least to those serious about their business. Walking into a customer meeting without the prerequisite understanding of how to help, by an understanding of how his business works, is suicidal.
Next on the list of most important attributes is "knows my customers." Of course! If we don't know who uses his product under circumstances, what might the salesperson's product do to help,  beyond dropping a line and hook in the water with the wrong bait?
The list of the "top ten attributes" rounds out with "delivering on the promise," "knowing one's own product," and "knowing the marketing and promotional science"well. In the end, as Willy noted, "A small man can be just as exhausted as a great man."
Frank Rich is founder and CEO of Encore PrĂ­st International, an organizational development company that helps individuals and organizations reach their full potential through the practice of effective business fundamentals. You may reach him at, or by phone at 866/858-4EPI. To read all ROIs in their entirety, go to Business tab at Town Link.
If I Were A House
A children's story book
by Frank J. Rich
Poetry is like music to children's ears...
The idea that a house might take on a human guise, warm and welcoming is the simple exchange in our desire for such a home as we prepare it for ourselves and our children.
To purchase If I Were A House
 please email
Raising Father
By Frank J. Rich

To purchase Raising Father visit
A portion of the proceeds will be donated to local charitable organizations
Contact: Tom Staudter | | 914-995-2819 (office) | 914-419-5221 (cell)
Westchester Legislators Announce
Capital Projects Dashboard Update for July 2013
White Plains, NY – The Westchester County Board of Legislators (BOL) has updated its Capital Projects Dashboard to include new legislation passed by the BOL at its last regular meeting on July 15, 2013.
The BOL unveiled its Capital Projects Dashboard on February 11, 2013, giving Westchester residents and business owners an opportunity to track the progress of the more than 300 hundred approved capital projects totaling over a billion dollars.
The latest updating to the Capital Projects Dashboard, which reflects newly approved bond acts and changes in status of any of the projects, can be viewed at:
Among the major updates, there is now a new total project amount of 379 and a total amount of $1,171,763,342 with a job creation number of 12,104. (In March 2013, there was a total project amount of 338 worth $1,080,923,842 with a job creation number of 11,217.)
The full list by category of open capital projects (number and dollar total):
Buildings, Land and Miscellaneous – 33 projects and $76,423,000
Roads, Bridges & Parkways – 52 projects and $91,634,000
Airport- 4 projects and $10,838,000
Corrections – 11 projects and $23,852,000
County Clerk – 4 projects and $2,650,000
Emergency Services - 4 projects and $8,125,000
Information Technology - 30 projects and $23,401,000
Labs & Research - 7 projects and $5,544,000
Law - 1 project and $1,500,000
Planning/Property Acquisition – 62 projects and $113,945,380
Public Safety – 4 projects and $1,885,000
Recreation Facilities – 75 projects and $96,674,000
Refuse Disposal – 3 projects and $11,770,000
Sewer & Water Districts – 61 projects and $641,183,400
Social Services - 5 projects and $6,171,000
Transportation – 4 projects and $4,279,062
Westchester Community College – 19 projects and $51,888,500
Additional news and photos available at
Join our Facebook fanpage:  | Follow us on Twitter: @westchesterBOL

Contact: Joe Bachmeier, (845) 531-9796
Albany, N.Y. – 7/29/2013 – Senator Greg Ball (R,C,I-Patterson) is urging Governor Cuomo to sign his legislation (S2665A), a law that would require animal abusers to pay for the cost of care for the abused animal that has been seized. The bill passed both the Senate and Assembly this past legislative session and now awaits the Governor’s Signature.
Often in cases of animal cruelty, a law enforcement agent seizes animals. Afterward, housing and care for these animals must be found. Historically, organizations such as shelters, humane societies, societies for the prevention of cruelty to animals and rescue organizations have assisted law enforcement by providing care for these animals. Such organizations have provided services often with little or no reimbursement.
The financial burden of caring for many animals, often for lengthy periods of time, is forcing some organizations to decline assisting law enforcement, refusing to place seized animals. Where there is no organization to care for seized animals, law enforcement is less likely to conduct seizures and animals remain in abusive situations and conditions.
Senator Ball is asking fellow animal lovers to contact Governor Cuomo at (518) 474-8390 and ask him to sign S2665A into law.
“I would like to thank my colleagues in the Senate and Assembly for supporting this bill to hold those that abuse animals accountable. I am urging Governor Cuomo to sign this into law so we can provide the proper funding for organizations that care for these seized animals,” said Senator Greg Ball. “Persons who commit crimes against animals represent some of the worst kind of people, and often expand their carnage to their neighbors and the larger community.”
“Cruelty to animals cannot be tolerated, and it is up to us to be a voice for these animals,” said Bill Ketzer, senior state director of ASPCA Government Relations for the Northeast region. “Through the guidance of Senator Ball, the New York State Legislature passed S.2665A, identifying the need to address several long-standing deficiencies in the current laws holding abusers accountable both legally and monetarily. The ASPCA thanks Senator Ball for his commitment to this measure to ease the financial burdens of the shelters who provide emergency care for these animals, and we urge Governor Cuomo to sign it into law.”
“Shelters are already very overcrowded and underfunded. Any help they can get to care for these animals is well needed,” said Lisa Giordano, Mahopac resident and Chairwoman of Senator Greg Ball’s Animal Advisory Council. “I salute Senator Ball for working to protect our furry little friends and I urge the Governor to sign this bill into law.”
Select-a-Rescue, a local animal rescue shelter in Mahopac, said they have been rescuing abused dogs and cats for over five years. The animal rescue is often burdened with large veterinarian bills from abused animals.
“We have absorbed over $10,000.00 in one dog alone who had arrived at the shelter emaciated with 2 broken femurs from the beating received by a baseball bat, he has received over 3 orthopedic surgeries and continues to receive aquatic physical therapy,” said Maria Bernhardt of Select-a-Rescue. “This bill will not only help the rescues that save these poor animals, but will also help rescue's that might not have been able to save these dogs due to the enormous veterinarian bills and surgeries that they will require.”
“Senator Ball has delivered yet again for our most venerable population, our animals,” said Gina Accurso of Guardian Angel Rescue Inc. “It is common sense, if you harm an animal and that animal is seized from your home, you should be required to pay to ensure a shelter can provide the proper care.”
Although New York's current security posting law is intended to alleviate some of the financial burden on agencies and organizations, it does not always achieve that result. Currently, security posting is discretionary and courts sometimes do not require it, even when the requisite burden of proof has been met. Impounding organizations, currently, must file a petition to obtain a security posting. Often, however, they do not have legal counsel and are unaware that they have the option to seek a security posting.
“By requiring courts to automatically hold a hearing to determine security postings when the state is bringing animal cruelty charges, it will be more likely that impounding organizations will be compensated for their services and will continue to provide places of care for abused animals,” Senator Ball added.
Senator Greg Ball has also recently passed legislation through the senate (S2305A) that, if approved by the Assembly and signed into law by the Governor, would require those that violate Buster’s Law, by abusing an animal, register his or her name and address to a public registry, undergo a psychiatric evaluation and prevent them from owning a pet again.
For more information contact Joe Bachmeier at or (845) 531-9796.

Josef Bachmeier
Communications Director
NYS Senator Greg Ball
Media: (845) 531 9796 
Personal: (914) 406 5114
Contact: Joe Bachmeier, (845) 531-9796
[Photo Attached] 
(Front row from left to right: James Sullivan, Jennifer McNamara, Christopher Horgan, Norman R. Cerullo, Senator Greg Ball, Larry Sullivan Jr., Rich Palmer and John Feal)
Brewster, N.Y. – 7/31/2013 – A flaw in the FDNY legacy points system has knocked the dreams of sons of 9/11 heroes seeking to serve in their father’s footsteps.
As a recent Daily News article explains, “the dreams of at least 13 men have slipped in the line to become firefighters because the complicated 'legacy points' system bumps offspring of 9/11 heroes looking to serve in FDNY after deaths of firefighters who died of Ground Zero-related illness considered administrative not 'in line of duty.'”
Senator Greg Ball (R, C, I – Patterson) Chairman of the Senate Veterans, Homeland Security and Military Affairs Committee has a piece of legislation (S5585) to rectify the injustice to these men and is urging the Governor to hurry up and sign the bill into law.
“I am happy that my colleagues in the Senate and Assembly have approved this legislation. I urge Governor Cuomo to sign this important legislation into law, to honor those that have given so much for us. We lost so many brave souls on 9-11 and we still reel from those senseless murders by gutless cowards. What some do not know is that many of those brave enough to respond and blessed enough to survive on 9-11 are suffering and dying from ailments connected to their time spent at and around Ground Zero. Many sucked in a ‘witches brew’ of poisons destroying their bodies. We must honor their sacrifice by giving their children the same opportunity we currently give to children of EMT’s and siblings of police officers and firefighters who were killed the day of,” said Senator Greg Ball. “Often times, legacy points make the difference between these deserving candidates languishing on civil service lists for years or being selected to fulfill their dreams of following in their fallen parent’s footsteps in becoming first responders.”
The bill clarifies existing law by defining the term “killed in the line of duty” to include deaths that were the natural and proximate result of either the attacks on September 11, 2001 or participating in the rescue effort that was conducted in response to the attacks on September 11, 2001.
Senator Ball recently met with James and Larry Sullivan Jr. Their father, Larry Sullivan Sr., from Rescue Co. 5, was a FDNY responder on September 11, 2001. Mr. Sullivan spent days sifting through rubble searching for his lost FDNY brothers and continued that service for a decade after 9/11, exposing himself to all the harmful elements in the ruins.
“In April 2011, my father was diagnosed with a rare intestinal cancer which was directly related to his time spent at ground zero. When my father passed he was still an active member of the FDNY. The fire department recognized his death as line of duty. This recognition led to my two brothers and I receiving a letter from the FDNY awarding us legacy points towards the exam we took in April 2012. With our list numbers, my brothers and I looked forward to starting the process in becoming firefighters. Until the three of us received a devastating letter from the fire department stating that our claim for legacy points did not meet the requirements and our points were taken away from us. Our hearts were broken. The first thing that came to my mind was, ‘is my father’s death not worthy enough to get legacy points?’, said James Sullivan. “I now feel my father’s death is being tarnished and not honored. All my brothers and I want is to follow in our father’s footsteps and honor him by becoming firefighters.”
James and Larry Sullivan, who wish to follow in their father’s footsteps and serve in the FDNY, were both denied from legacy point eligibility. In a May 30, 2013 letter by the FDNY Bureau of Personnel to both children, the FDNY has interpreted N.Y. Cvs. Law § 85a to exclude the children of firefighters killed as the result of their rescue and recovery efforts at Ground Zero from legacy point eligibility.
Currently, in recognition of the ultimate sacrifices of their parents, children of police officers and firefighters killed in the line of duty who wish to honor their fallen parents by joining police and fire departments are awarded additional “legacy” points on civil service examinations (N.Y. Cvs. Law § 85a). Siblings of police officers and firefighters who were killed in the terrorist attack of September 11, 2001 or as the result of their participation in the rescue and recovery efforts at Ground Zero in the aftermath of that horrific attack are granted those same legacy points (N.Y. Cvs. Law § 85b). And children of emergency medical technicians (“EMTs”) killed in the September 11th attack or as the result of their rescue and recovery efforts at Ground Zero also are granted legacy points (N.Y. Cvs. Law § 85c).
However, due to what appears to be a perfect storm of imprecisely drafted previously passed legislation, unfortunate oversight and/or regrettable bureaucratic interpretation of the current laws, children of firefighters killed as the result of their rescue and recovery efforts at Ground Zero who have taken the FDNY civil service examination have recently been stripped of their legacy points and pushed back in the candidate list.
For more information contact Joe Bachmeier at or (845) 531-9796.

Josef Bachmeier
Communications Director
NYS Senator Greg Ball
Media: (845) 531 9796 
Personal: (914) 406 5114
Many National Chains Are Testing Technology That Would That Automatically Tracks Shoppers’ Locations Through Their Smartphones And Permanently Store The Data – Even Children Could Be Tracked
With Technology Poised To Become Widespread, Schumer Asks FTC To Immediately Institute Rules That Would Require Retails To Alert Shoppers They Are Being Tracked, and Give Them Opportunity To Opt-Out, Before Tracking Starts
Swatch, American Apparel, Family Dollar And Benetton Have All Tested or Are Currently Using Technology to Track Shoppers, Often Without Their Knowledge
New York, NY – U.S. Senator Charles E. Schumer today revealed that major national retailers are increasingly using sophisticated monitoring software to track every movement shoppers make while in their stores, and then often times save that data in perpetuity.  The technology allows shoppers to be tracked, moment by moment, through signals put out through their smart phones, allowing a retailer to learn in what part of the store they spent time in, what products they’ve considered buying, and how long they've spent looking at those products.  If a shopper doesn’t want to be tracked, their only option is to turn off their phone’s Wi-Fi, or leave their phone at home.  And most of the time, that isn't even an option because consumers don’t know the tracking is occurring.  
To combat this invasion of privacy, today Schumer asked the Federal Trade Commission to require that retailers give shoppers a clear and obvious opportunity to “opt-out” before tracking them.  Schumer said that a consumer’s personal cell phone is just that – personal.  It shouldn’t be used as a tracking device by retailers without a consumer’s permission. Schumer suggested the FTC require that stores send electronic notices to the phones they are about to start tracking, and give the owners of those phones a chance to opt-out.  
“Cell phone tracking is intrusive and unsettling - it’s as if you are being followed around while shopping at the mall, with someone looking over your shoulder at every product you're considering,” said Schumer. “If you're shopping, you expect to be the one doing the reviewing, but stores are flipping that on its head, and treating the consumers as the products.  If stores are going to track you footstep by footstep, you should be alerted in no uncertain terms, and be given the opportunity to decline.  Personal cell phones are just that - personal.  They shouldn't be used as some James Bond-like tracking device without the shopper's knowledge."
According to published reporters, retailers like United Colors of Benetton, American Apparel, Swatch and Family Dollar gain access to the shopper’s unique cell phone ID and acquire information about shoppers without their permission. Retailers may use this information to find out how shoppers navigate through their store and how long they look at specific merchandise before purchasing.  Currently, in order to prevent these stores from tracking you via a cell phone, you must shut off the Wi-Fi on your phone or leave your phone at home or in the car.  And frequently even that is not an option, since consumers don't know they are being tracked.  
Retailers can then combine the data they've collected with data found online, creating an incredibly detailed profile of each shopper.  Schumer pointed out that consumers have no say over how that data is used, who it’s sold to, where it's stored, or how it's secured.   
Retailers purchase this tracking technology from third-party technology companies like Cisco, Euclid Analytics and Path Intelligence, a British company that provides its services to retailers and malls across Europe and Australia.
Schumer has highlighted concerns about cell phone tracking in the past. In 2011, two U.S. malls halted their experimentation with the technology after Schumer raised privacy concerns.
Schumer today urged the FTC to allow shoppers to opt-out of this cell phone tracking program. Schumer explained that this is a deceptive trade practice because shoppers are unaware that their movements are being tracked and urged the FTC to make retailers notify shoppers if they use this technology.  Schumer suggested that the FTC consider requiring retailers to send text messages or other electronic messages to the phones they are about to start tracking, and give the owners an opportunity to opt-out of the tracking.  
A copy of Schumer’s letter can be found below:
The Honorable Edith Ramirez,
Federal Trade Commission
Dear Chairwoman Ramirez,
Over the past several months retailers around the country have increasingly been exploring technologies that use a shopper’s unique cell phone ID to follow their movements throughout shopping centers and individual stores.  The technology allows shoppers to be tracked throughout a store, allowing a retailer to acquire information about shoppers without their permission.  Retailers do not ever receive affirmative consent from the consumer for this type of tracking, and the only options for a consumer to not be tracked are to turn off their phone’s Wi-Fi, or to leave the phone at home.
Geophysical location data about a person is obviously highly sensitive; however, retailers are collecting this information anonymously without consent.  I would ask that the Federal Trade Commission investigate this practice, and clarify that it is an unfair or deceptive trade practice to fail to notify shoppers that their movements are being tracked in a store or to give them an opportunity to opt out of this type of tracking before it begins.  As these technologies become more widespread, it is imperative that we protect our consumers from unknowingly giving out information they do not desire to.
I look forward to hearing from you on this important issue.
Senator Charles E. Schumer
Frank Talks with Bruce the Blog: Frank J. Rich, Author

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