City & State - New York_08152016

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August 15, 2016

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City & State New York

August 15, 2016

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EDITOR’S NOTE / Contents

Jon Lentz Senior editor

Every two years, Republicans try to keep their tenuous grip on the state Senate, while Democrats attempt to steal it away.

When there is a presidential contest, the higher turnout tends to helps Democratic state Senate candidates. But this year both of the major party presidential nominees hail from New York – and both are deeply unappealing to many voters – so it’s hard to predict the impact of Donald Trump and Hillary Clinton here.

In the end, they might matter less than state Sen. Jeff Klein. As our state Senate election analysis shows, neither Republican Leader John Flanagan nor Democratic Leader Andrea Stewart-Cousins is clearly favored to win an outright majority. Without Klein’s five-member Independent Democratic Conference (not to mention free agent state Sen. Simcha Felder), Democrats must win the four toss-up seats plus another four GOP-leaning districts to reach a 32-seat majority. Republicans would need victories in three of the toss-ups to avoid relying on the IDC (and Felder) to stay in power.

So after Election Day, expect Flanagan and Stewart-Cousins to be making overtures to Klein, who could play the kingmaker – or, perhaps, the queenmaker.

8.

BUFFALO POLICE

Misdemeanor arrests skyrocket at Buffalo public housing.

11.

6.

STATE SENATE

Q&A WITH THURMAN THOMAS

Our odds on who’s going to win the Senate … and how Donald Trump will affect the elections.

The former Buffalo Bill on why he wanted to bring his business back home.

30.

SLANT

22.

How tech-friendly is New York? And when will officials make good on their promise to bring high-speed internet to everybody?

City Councilman Jumaane Williams on what he says is wrong with the “Blue Lives Matter” bill.

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CityAndStateNY.com

August 15, 2016

EDITORIAL editor@cityandstateny.com Editorial Director Michael Johnson mjohnson@cityandstateny.com Senior Editor Jon Lentz jlentz@cityandstateny.com

City & State is the premier multimedia news organization dedicated to covering New York’s local and state politics and policy. Our indepth, non-partisan coverage serves New York’s leaders every day as a trusted guide to the issues impacting New York. We offer round-the-clock coverage through our weekly publications, daily e-briefs, events, weekly podcast and more.

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City & State New York

August 15, 2016

FROM THE

5

WEEKLY PODCAST For Jumaane Williams’ take on the proposed Blue Lives Matter bill,

OUT OF COMMISSION(ER) WITH NY1 CRIMINAL JUSTICE REPORTER DEAN MEMINGER

AND NEW YORK CITY COUNCILMAN JUMAANE WILLIAMS

turn to page 30.

Bratton is out, and Jimmy O’Neill is on his was in as the new NYPD commissioner. What does this mean for Mayor de Blasio, the City Council and the police force?

“Will you hear him talk about ‘broken windows’ as much? I don’t think that practice is going to stop, but will you hear Jimmy O’Neill talk about it? He probably won’t, he’ll stick to the ‘community policing’ message and he’ll try to make his own mark. Because you really don’t want to be known as Bill Bratton 2.0! Because nobody knows your name. They’ll just say, that’s Bill Bratton’s boy.”

“There are some issues I think that (Bratton) sometimes didn’t help. Particularly how he spoke about many of the issues, whether it was Black Lives Matter, whether it was calling hip hop people ‘thugs.’

That kind of language did not help the conversation. That part, I think Jimmy knows. He’ll be a lot better on just having the conversation.”

JUMAANE WILLIAMS DEAN MEMINGER

Home Six years before the Statue of Liberty was dedicated, Deloitte opened an office in New York.

Today, more than 5,400 professionals work for the organization in six offices throughout the state, including its global headquarters in Manhattan.

www.deloitte.com

Listen, subscribe and review this week’s podcast by searching for “New York Slant” on iTunes, Stitcher or your favorite podcast app.

CityAndStateNY.com

August 15, 2016

HOME TURF A Q&A with former

BUFFALO BILL

THURMAN THOMAS

By JUSTIN SONDEL

JEFF KERN

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City & State New York

August 15, 2016

PEOPLE ACROSS THE nation may recognize the name Thurman Thomas, but in Western New York the Hall of Fame running back, who spent nearly his entire NFL career with the Buffalo Bills, is a legend. Thomas, who has remained in the Buffalo area since retiring in 2000, is now looking to bring a different kind of game to the community he has called home for more than a quarter century.

He and his business partners have moved the headquarters of their 3480 Group, a design and build firm that creates wireless networks in both new builds and renovations, from Atlanta to Buffalo. City & State’s Justin Sondel spoke with Thomas about his decision to stay in Buffalo, moving his business to New York and, of course, football.

C&S: What caused you to want to move your headquarters to Buffalo?

TT: You see all the growth in downtown Buffalo and it just felt like, you know what, I want to be part of that. I want to be able to help the community. I know people know me as a football player, but I want to really give something back to the community.

your hometown of Houston. What made you decide to stay in Western New York?

TT: I love the people. I love that when something unfortunate happens to somebody on a Thursday night, on Saturday morning, hundreds, thousands of people are there raising money for a family that might need something very, very quickly. Those are the type of people I really like being around. Me and my wife and my kids, we could probably move anywhere we wanted to, but we chose the Buffalo area. I’m a Bills and Sabres fan. I like being in the area and I just think with the (Terry and Kim) Pegulas purchasing the Bills and the Sabres, it makes me want to be here in the city of Buffalo a lot more. They’re just great people.

C&S: As a lifelong Buffalonian, you know I’ve got to ask a few Bills questions. What was your single greatest memory in your time with the Bills?

TT: I think the biggest memory was the first AFC Championship game over the Raiders, 51 to 3. It was electric. You go back and watch some of the old footage, the stadium was actually rocking. It was 80,000 strong. I just remember that day vividly, walking off the field, walking into the locker room, hugging Mr. (former team owner Ralph) Wilson and him just saying thanks to every single player.

C&S: What will be the Bills’ record this year?

TT: For the last five years I’ve been going with 10 and 6. I think I’m going to take it up a notch and go 11 and 5.

C&S: Was it hard to convince your business partners, given the state’s reputation as anti-business or high tax?

TT: We didn’t blink at all. Obviously taxes are high, but we didn’t blink one bit. We felt like there was something we wanted to do no matter the consequences. Governor Cuomo has done a great job of really giving tax breaks to bring companies back to Western New York and trying to get more people working there. Almost every other week or month there’s another start-up coming up or popping up in Western New York.

C&S: You came to Buffalo in 1988, and the next few decades were a pretty rough time for the city. Could you feel that during your career?

TT: It took me a couple of years to really notice the change. I was so focused on football at that time that I noticed it, but I didn’t feel at that time that I could really do anything about it. Now that you look at it I wish I would have recognized it years ago, but I was being young and being focused on my job. I really wasn’t focused on business like I am today.

C&S: After you retired you could have moved anywhere, including

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THURMAN THOMAS DURING HIS YEARS WITH THE BUFFALO BILLS.

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August 15, 2016

u s arre st s have Ad vo c ate s say frivo lo at B u ff alo p ro je c ts sk yro c ke te d

By AARON LOWINGER and JUSTIN SONDEL

FOR RASHAWN PENNICK, home will always be the Commodore Perry projects, a cluster of public housing buildings just southeast of downtown Buffalo.

Born and raised along Perry Street, Pennick moved out of the Buffalo neighborhood after high school, but he returns to the area often to visit family and friends and to work out at the nearby Lanigan Field House. “I don’t feel comfortable going nowhere else,” he explained recently. “There’s a lot of shootings and a lot of killings going on, you know, just from people, you know, unfamiliar faces being in places where they’re not recognized. People get killed for that. I like being where I’m known, where I don’t have to keep an eye over my shoulder, watching my back.”

Instead, when he is near the Perry projects, the 29-year-old construction

worker says he looks out for people who wear badges. Since 2006, when Pennick returned to Buffalo from a college in the Watertown area, he estimates he has been subjected to 30 “stop-and-frisk” stops by Buffalo police, in which he is detained by police and searched.

Pennick, who was once arrested for drug possession in the Perry projects in 2013, readily admits he hasn’t helped his own cause. But he doesn’t understand why even after multiple subsequent searches have come back empty, he continues to be the object of the Buffalo Police Department Housing Unit’s attention.

He has been arrested at least three times

by Housing Unit police on trespassing charges. The most recent time was last year when he was visiting a cousin who lives at 312 Perry St., where the Housing Unit police and the BPD’s Strike Force, a

unit that targets gang-related crime, have an office. An officer recognized him and arrested him on the spot, he said, even as his grandmother called from a window to ask the police why he was being arrested for trespassing.

The aggressive tactics are driven by “zero-tolerance” policies aimed at cracking down on violent criminals, a principal theme of Mayor Byron Brown’s first mayoral campaign in 2006. Mirroring national trends, violent crime rates have fallen over time since Brown took office, decreasing from a total of 3,490 in 2007 to 2,886 last year. But arrests for misdemeanors, traffic violations and other low-level infractions have skyrocketed, disproportionately affecting some of the city’s most marginalized populations: those in and around public housing.

The BPD has frequently set up “general

AARON LOWINGER

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August 15, 2016

“JUST BECAUSE YOU’RE IN PUBLIC HOUSING DOESN’T MEAN YOUR CONSTITUTIONAL RIGHTS ARE SUDDENLY SUSPENDED AND THEY CAN STOP YOU, DETAIN YOU, AND INTERROGATE YOU WHENEVER THEY WANT.” - REBECCA TOWN, staff attorney, Legal Aid Bureau of Buffalo crime control” checkpoints at Buffalo Municipal Housing Authority locations, which some legal critics have objected to as unconstitutional, City & State and The Public have reported. But police have also targeted BMHA residents with dubious vehicle and trespassing misdemeanors, experts and tenants say, citing a disproportionate focus on these parts of the city and questionable tactics used by officers.

Around 7,000 people live in BMHA housing, roughly 3 percent of Buffalo’s population. Similarly, the 21 officers assigned to the BPD’s Housing Unit represent about 3 percent of Buffalo’s entire police force. Yet during a one-year period, the Housing Unit made 39 percent of misdemeanor arrests citywide, according to documents obtained by City & State and The Public. The Housing Unit officers are at times assigned to areas outside of public housing, including for special events.

Mike DeGeorge, a spokesman for both the mayor’s office and the Buffalo police, acknowledged that he received an email from a reporter with a list of questions on the disproportionate number of arrests by Housing Unit officers, but did not offer a response.

From May 2013 through April 2014, the Housing Unit made 3,761 arrests, of which 3,329 – nearly 90 percent – were for misdemeanors, according to an analysis of police records by SUNY Buffalo law professor Anjana Malhotra and students and professors from the law schools of SUNY Buffalo and Cornell. Citywide, there were 8,624 total misdemeanor arrests during this period.

The largest share of the Housing Unit’s misdemeanor arrests – about 50 percent, or 1,650 arrests – was classified as “traffic misdemeanors,” which include driving without a license, driving with a revoked

registration or reckless driving. During the same period, the Housing Unit reported that just 18 weapons were confiscated.

The Legal Aid Bureau of Buffalo’s criminal defense unit has grown so accustomed to defending unlawful trespass arrests in recent years that its lawyers say they are often able to get charges dismissed as soon as they are formally presented.

Being inside of a public housing building can net a trespass misdemeanor, but being outside on the grounds is at most a violation.

And yet a majority of the misdemeanor trespass arrests that Legal Aid attorneys have been fighting occur “on the grounds.”

“Just because you’re in public housing doesn’t mean your constitutional rights are suddenly suspended and they can stop you, detain you, and interrogate you whenever they want,” staff attorney Rebecca Town said.

Town says she has seen Buffalo City Court alter its approach to the controversial trespass charges in the wake of key

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rulings against the New York City Police Department on public housing. “We’ve been actively fighting those cases in court more and they do usually – when the arrest takes place on the grounds – they’re often dismissed immediately now in the courts because the judges have gotten familiar to our arguments there,” she said. This has included successfully getting the charges against Pennick dismissed.

In one telling ruling, Buffalo City Court Judge Amy Martoche agreed with Town on a case involving an unlawful trespass arrest in 2014. The decision described the arresting officer on foot patrol through 305 Perry when he encountered a man exiting an elevator. The man became uncooperative in response to the officer’s questioning, calling the officer’s intervention “harassment.” Martoche agreed with the defense and nullified the charges, noting that “police encounters with civilian subjects must be proportionate to the concerns raised by the subject’s observed conduct.”

“The police may only escalate the encounter … and impede a person’s freedom of movement and detain or frisk if an officer has a ‘reasonable suspicion that a particular person has committed, is committing or is about to commit’ a crime,” Martoche concluded.

BPD records and court documents also show that the Housing Unit employs a vertical patrol tactic that has been called into question in recent years. Many stops and arrests ruled unconstitutional in the landmark 2013 case Davis v. City of New York were the result of such vertical sweeps.

In a settlement, the NYPD developed a new policy requiring police to file a report

Percentage of arrests by the BPD Housing Unit that were for misdemeanors

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August 15, 2016

Percentage of Buffalo residents who live in public housing

Percentage of misdemeanor arrests in the city of Buffalo that were made by the Housing Unit

that justifies every such encounter with an individual in public housing.

“The BPD practices in BMHA are similar to those used in New York City Housing Authority, which residents raised in a class action against the NYPD and NYCHA,” Malhotra said.

In Buffalo during the period studied by Malhotra, the Housing Unit documented around 80 “walk through” and “walk up” incidents as well as a handful of actions documented as “sweeps.”

“The Buffalo Police Department’s routine use of vertical patrols, walk-ups and sweeps to indiscriminately stop and question every person they observed without suspicion violates the Fourth and 14th Amendments,” Malhotra argued in an email. “Since 1968, the Supreme Court has held that the Fourth Amendment only permits police to briefly detain individuals based on reasonable individualized suspicion of criminal wrongdoing. By shifting the burden to BMHA residents and visitors to prove their innocence or face arrest, rather than requiring police to establish individualized suspicion of wrongdoing, BMHA’s trespass enforcement tactics have resulted in routine widespread Fourth Amendment violations.”

Questions about the BMHA and the police force’s use of such tactics are not new. When the contract between the BPD and the housing authority was reaching the end of its initial five-year term and its renewal was being debated in the Buffalo Common Council in late 2014, it

ran into similar opposition. “Residents raised serious concerns about a lack of security, saying that inadequate resources and aggressive tactics left them in fear of officers as well as criminals,” National Lawyers Guild attorney John Lipsitz and BMHA Residents Council Chairman Sam Smith wrote in a letter to The Buffalo News.

Lipsitz and Smith argued that the BPD Housing Unit’s co-location with the BPD’s Strike Force Unit has hindered the Housing Unit’s purpose of protecting residents but also fostering community relationships. The “Housing Unit is now located with the department’s Strike Force Unit, which targets illegal guns and drugs, and is being used in the same way as the Strike Force,” they wrote. “Many residents report that Housing Unit officers ‘strike’ BMHA grounds, to stop, question and arrest residents and their guests for trespass. When residents reach out to the Housing Unit for assistance, they are often told to call 911.”

Around the same time, Buffalo News columnist Rod Watson noted that “tenant leaders say they and visitors are routinely stopped by Buffalo police for no good reason.” And in an article in The Public, Legal Aid attorney Megan Williams described BMHA properties as Buffalo’s epicenter for the controversial “stop-andfrisk” police tactic.

This “broken windows” strategy of addressing minor infractions in order to improve city residents’ quality of life

has not resulted in a dramatic decrease of certain types of violent crime. Buffalo had 62 homicides in 2014, the most since 2009, though that figure again dropped to 40 for 2015. Additionally, the murder rate has gone up by nearly 15 percent from 2002 to 2015, when accounting for the city’s population loss, according to Malhotra’s analysis of FBI crime statistics and data from the U.S. Census Bureau.

In addition, Buffalo has one of the nation’s poorest success rates for solving homicides, hovering around 25 percent.

For people like Rashawn Pennick, the aggressive law enforcement tactics can make for a difficult choice: risk scrutiny and possible arrest by the police or stay away from family.

While he hasn’t had any run-ins in over a year, Pennick fears every time he goes to Perry that he might end up in the Erie County Holding Center. Still, with so many loved ones living in BMHA housing, it’s hard to stay away, he said.

“I grew up and around the Perry projects my whole life,” Pennick said. “My grandmother stays down here, my uncle stays down here. I have a son who stays between two addresses down here.

“I have a lot of family down here,” he said.

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This story is a collaboration between City & State and The Public, an alternative media source covering politics, culture and lifestyle in Western New York.

City & State New York

August 15, 2016

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STATE SENATE RACES

The Trump Factor

Democrats and Republicans agree that Donald Trump will have a yuuuge impact on which party wins a majority in the state Senate this fall. But will the presidential nominee help or hurt the state Senate candidates back home?

LEV RADIN

By ASHLEY HUPFL

EVERY FOUR YEARS, the presidential race tends to boost Democrats in state Senate districts across New York. In the off years, when turnout is lower, Senate Republicans have bounced back.

But this year is a Trump year – and having the GOP presidential nominee at the top of the ballot is widely expected to be pivotal in the battle for control of the state Senate.

“The most important factor in this (year’s) state Senate races is the performance of Donald Trump,” said Larry Levy, executive dean for the National Center for Suburban Studies at Hofstra University. “No local or state issue, no personality will have as much impact on the Senate races as how well or poorly Trump does. And if you were in Cleveland, you know that this was big on the minds of Republican leaders and candidates.”

New York’s political observers closely monitor the state Senate elections that take place every two years since the outcome can determine whether Republicans can hold onto the state Legislature’s upper house, the party’s one remaining bastion of statewide influence. Senate Republicans have held power for decades, apart from a brief exile, and have been in control since regaining a majority in the 2010 elections.

This fall, New York Republicans hope that Trump, who won 60 percent of the vote in New York’s Republican presidential primary, will rally the base and help them keep a grip on the state Senate. The Trump campaign has committed to trying to win the state’s 31 electoral votes, even though New York has been solidly Democratic in presidential contests, and the effort could pay dividends down the ballot. In parts of the state like Western New York,

DONALD TRUMP AFTER WINNING THE NEW YORK REPUBLICAN PRESIDENTIAL PRIMARY IN APRIL. WILL HE BE CELEBRATING WITH STATE SENATE CANDIDATES THIS FALL?

Trump has resonated with voters and local leaders alike.

But Trump is such a divisive figure that he could also dampen support. He has dropped in the polls since the party’s nominating conventions concluded last month, and his criticism of the parents of a slain Muslim U.S. soldier and his controversial policy positions and remarks about women and minorities have already spurred defections among fellow Republicans, including New

York Rep. Richard Hanna, the first GOP member of the House to publicly break with the party’s standard-bearer.

IN NEW YORK’S state Senate races, Democrats and Republicans agree that Trump will play a key role – but leaders from each party insist he will help them and hurt their rivals.

“We have great candidates running all around the state in a year with Donald

“ALL OF OUR INCUMBENTS, THEY’RE GOING TO BE IN GOOD, SOLID SHAPE. … SO WE DON’T HAVE SO MANY THINGS TO WORRY ABOUT. BUT WE DO HAVE TIGHT RACES.” -Senate Majority Leader JOHN FLANAGAN speaking to the New York delegation at the Republican National Convention in Cleveland

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August 15, 2016

“I’M ALL ABOUT THE INDEPENDENT DEMOCRATIC CONFERENCE, WHAT WE PROPOSE AND WHAT WE ACCOMPLISH. TO MAKE ANY PREDICTION ON WHICH SIDE WILL HAVE THE MAJORITY, EITHER DEMOCRATS OR REPUBLICANS, OR WHO THE INDEPENDENT DEMOCRATIC CONFERENCE WILL PARTNER WITH IS, AGAIN, PREMATURE.” -Senate Independent Democratic Conference Leader JEFF KLEIN to City & State

What the Senate looks like now

Republicans: 31 Democrat caucusing with Republicans: 1 Independent Democratic Conference (IDC): 5 Democrats: 26

“NOW, IN AN ELECTION YEAR, I SUPPORT DEMOCRATS. THEY HAVE TO BE PEOPLE OF INTEGRITY, ETC., BUT I SUPPORT DEMOCRATS. WHEN I GOVERN, I WILL WORK WITH WHOEVER THE PEOPLE SEND ME IN THE SENATE AND IN THE ASSEMBLY, BECAUSE THE PEOPLE MAKE THE DECISION, NOT ME.” -Gov. ANDREW CUOMO speaking to reporters at the Democratic National Convention in Philadelphia Trump vs. (Democratic presidential candidate) Hillary Clinton on the ticket, and we’re expecting a very lopsided result in New York,” said state Sen. Michael Gianaris, chairman of the Democratic Senatorial Campaign Committee. “There’s no Trump surge that we’re detecting.”

Gianaris touted the DSCC’s fundraising boost during this year’s election cycle, even though the DSCC has only about $750,000 to the state GOP’s roughly $2.6 million.

While Democrats are trailing Republicans, the DSCC had around the same amount in the last cycle while the state GOP had roughly $5 million. Gianaris also argued that state Senate Democrats are in a better position, with 32 registered Democrats in the state Senate, a majority in the 63seat chamber. Of course, five of them are members of the IDC, the breakaway group that has partnered with Republicans in recent years, and another is state Sen.

Simcha Felder, a Democrat who has caucused with Republicans since taking office in 2013.

In April, Democrats picked up a key Long Island seat vacated by former Senate Majority Leader Dean Skelos, who was ousted after a corruption conviction.

Despite the Democrats securing a numerical majority, Republicans continued to oversee the proceedings during the second half of the state legislative session this year.

Meanwhile, New York Republicans hope Trump’s ability to bring out people who don’t normally vote will be the boost they need to maintain control of the state Senate.

Cathy Young, chairwoman of the New York State Senate Republican Campaign Committee, argued that the low popularity numbers for Clinton will bolster state Senate GOP candidates.

“Certainly, we’re aware of the Trump dynamic at the top of the ticket, but in the districts where we run, Hillary Clinton is extremely unpopular in our districts,” Young said. “That’s stabilizing the political environment. So, it’s a situation where our members will be judged on our own merit.

For example, our freshmen members are extremely popular and strong and they’re moving forward and doing a great job.

That’s why we’re so confident.”

Levy speculated that if Trump ends up within 10 or 12 percentage points of Clinton in the state, he would be a huge asset for New York Republicans. If he doesn’t, he will be a “weight that drags down everyone to the dogcatcher.” A Quinnipiac University poll released July 19 found Clinton leads Trump by 12 percentage points among all New York voters.

Republican political consultant John McArdle told City & State that because of this year’s unconventional election, it is difficult to predict how the presidential

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August 15, 2016

candidates will impact New York’s elections. Nonetheless, McArdle argued that progressives who supported former Democratic presidential candidate Bernie Sanders, many of them women and minorities, will not turn out for Clinton given her low popularity and more moderate views.

“I think Trump will help with turnout among voters who may not have been inclined to vote in the past,” McArdle said, “and I think the Democrats, even with the Trump factor and the fact that there are a lot disillusioned with their party’s candidate, I think that could neutralize any advantage that the Democrats have normally had in past years.”

ALTHOUGH THERE ARE 63 state Senate districts in New York, Democrats and Republicans will put most of their resources in a small number of races, primarily on Long Island and in the Capital Region.

“When you break it down, it really comes down to ‘ground zero’ being Nassau County and around the Capital District,” said Bruce Gyory, a Democratic political consultant.

Political observers are closely watching the seats in Nassau County held by Democratic state Sen. Todd Kaminsky, Republican state Sen. Kemp Hannon, outgoing state Sen. Jack Martins and Republican state Sen. Carl Marcellino, whose district spans Nassau and Suffolk counties. Kaminsky narrowly won his seat in the special election to replace Skelos earlier this year, while Martins is running for Congress.

“Republican leaders have gone all in (in Suffolk County) because they feel that his base is big enough that they can build off it for their own candidates,” Levy said, referring to Trump. “In Nassau County – which is more Democratic, wealthier and has higher education levels – it’s a little bit more of a crapshoot. Trump is likely to be less of an asset in most of the Nassau Senate races.”

Maintaining control of Martins’ seat will be “challenging” given the higher number of Democratic registered voters, McArdle acknowledged, but he argued that Republicans have a strong candidate in Flower Hill Mayor Elaine Phillips in the race against Democratic candidate Adam Haber.

Republicans express confidence that Hannon and Marcellino will maintain their seats. Hannon has served as a state senator since 1988 and Marcellino since

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“I KNOW WE’VE FINISHED PART OF OUR PROGRESSIVE AGENDA, BUT THERE’S SO MUCH MORE TO DO. WE’VE GOT TO TAKE THE STATE SENATE BACK FOR THE DEMOCRATS.” -Senate Minority Leader ANDREA STEWARTCOUSINS speaking to the New York delegation at the Democratic National Convention in Philadelphia

1995, but Democrats hope that voters critical of Trump could be the push needed to finally oust them.

“If it turns out when we get into midOctober that Trump, despite his thinking he can carry New York, is nowhere in New York and the Republicans pull out and there’s not a lot of on-the-ground turnout strength, that’s a concern especially given how ill-suited Trump is in helping the Republicans redress the gender gap, racial gap and the climate change gap,” Gyory said.

In the Capital Region, the seats held by Republican state Sens. Sue Serino, George Amedore and Tom O’Mara are also being targeted by Democrats this fall. Amedore’s district has switched parties each cycle since it was created in the last round of redistricting.

Despite Trump’s polarizing character, both Democratic and Republican insiders named outgoing Democratic state Sen. Marc Panepinto’s open seat as one of the few that will be helped by Trump’s candidacy. Republican candidate Chris Jacobs, the popular Erie County clerk, is widely expected to win the seat. “(Jacobs) has run well countywide, he’s highly regarded by the editorial pages, he comes from a well-regarded and wellrespected family,” Gyory said. “It’s tough for me to not see the Republicans winning that seat back, particularly because that is one of the three metropolitan counties where Trump may run well.”

AFTER THE DUST SETTLES and either Trump or Clinton begins preparing to move into the White House, another major factor in determining who will hold the majority in the state Senate is who the Independent Democratic Conference aligns with.

In late 2012, state Senate Democrats lost the majority after the five-member IDC broke from the mainline conference

to align with the state Senate Republican conference. Both Gianaris and Young believe the IDC will align with their conferences after the 2016 election.

How well the Republicans perform on Long Island could affect the IDC’s decision, Gyory said. “Klein has aligned himself with the perception of two relatively moderate suburban Republicans with Skelos and Flanagan,” he said. “Would he have the same comfort level if they lost a couple seats in Nassau and that led to more dominance or even control by the more conservative wing of upstaters in that Republican conference?”

Klein, who supports Clinton, said New York politicians, both Republicans and Democrats, would do well to run on their own records and accomplishments. When asked by City & State, Klein declined to say who his conference will align with after the election.

“I’m someone who’s all about results and all about accomplishing results. You set out a legislative agenda and you accomplish those results, you claim victory and you thank your counterparts for helping you achieve those victories,” Klein said. “At the same time I think everyone, Democrats and Republicans and IDC members, would be very smart to run on their record of achievement and the things we’ve been able to accomplish in the last two years.”

Klein said he is focusing on getting members of his own conference re-elected and stressed it is “premature” to make any predictions on who will hold the majority after the elections.

“I’m all about the Independent Democratic Conference. What we propose and what we accomplish,” Klein said.

“To make any prediction on which side will have the majority, either Democrats or Republicans, or who the Independent Democratic Conference will partner with is, again, premature.”

■

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THE CITY & STATE POLITICAL REPORT:

STATE SENATE

Democrats and Republicans are spending millions of dollars and knocking on thousands of doors as they vie for control of the state Senate, an island of red in a solidly blue state. Their efforts are complicated by the Independent Democratic Conference, a five-member breakaway group that has crossed the aisle to partner with the GOP in recent years. In fact, while Republicans were still in control at the end of this past legislative session, it’s only due to the IDC and state Sen. Simcha Felder, a Democrat who caucuses with Republicans (and who’s running unopposed this year).

In City & State’s latest Political Report, we analyzed each state Senate race, identified the most competitive contests and determined which party is likely to win each seat. It’s an early look at how well each party is positioned to win a majority – and our best guess on how everything will shake out in November.

SAFE REPUBLICAN KEN LAVALLE (District 1)

PATRICIA RITCHIE (District 48)

JOHN FLANAGAN (District 2)

JOHN DEFRANCISCO (District 50)

PHIL BOYLE (District 4)

JIM SEWARD (District 51)

MICHAEL VENDITTO (District 8)

FRED AKSHAR (District 52)

MARTIN GOLDEN (District 22)

JOE ROBACH (District 56)

ANDREW LANZA (District 24)

CATHY YOUNG (District 57)

JOHN BONACIC (District 42)

PATRICK GALLIVAN (District 59)

BETTY LITTLE (District 45)

MICHAEL RANZENHOFER (District 61)

JOE GRIFFO (District 47)

ROB ORTT (District 62)

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SAFE REPUBLICAN: 18 LIKELY REPUBLICAN: 3 LEAN REPUBLICAN: 8 DEMOCRAT CAUCUSING WITH REPUBLICANS: 1 INDEPENDENT DEMOCRATIC CONFERENCE (IDC): 5 TOSS-UPS: 4 LEAN DEMOCRAT: 1 SAFE DEMOCRAT: 23

SAFE DEMOCRAT JAMES SANDERS JR. (District 10) MIKE GIANARIS (District 12) JOSE PERALTA (District 13) LEROY COMRIE (District 14) JOE ADDABBO (District 15) TOBY ANN STAVISKY (District 16) MARTIN DILAN (District 18) ROXANNE PERSAUD (District 19) JESSE HAMILTON (District 20) KEVIN PARKER (District 21)

DEMOCRAT/ REPUBLICAN SIMCHA FELDER (District 17)

SAFE IDC TONY AVELLA (District 11) DIANE SAVINO (District 23) JEFF KLEIN (District 34) DAVID CARLUCCI (District 38) DAVID VALESKY (District 53)

VELMANETTE MONTGOMERY (District 25) DANIEL SQUADRON (District 26) BRAD HOYLMAN (District 27) LIZ KRUEGER (District 28) JOSÉ SERRANO (District 29) BILL PERKINS (District 30) ADRIANO ESPAILLAT* (District 31) RUBEN DIAZ SR. (District 32) GUSTAVO RIVERA (District 33) ANDREA STEWART-COUSINS (District 35) RUTH HASSELL-THOMPSON** (District 36) NEIL BRESLIN (District 44) TIM KENNEDY (District 63) * Not running for re-election ** Resigned

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LIKELY REPUBLICAN DISTRICT 3

Tom Croci (R)

Joseph Fritz (D)

Rick Montano (D)

John De Vito (D)

Though only in his first term, Republican state Sen. Tom Croci has more than twice the campaign funds on hand as his rivals. In July, three Democratic candidates filed to run in the September primary: former Suffolk County Legislator Rick Montano, activist Joseph Fritz and law school student John De Vito, who is the only one so far to report any fundraising. Political analysts note that Suffolk County leans more conservative than other parts of Long Island, such as Nassau County.

Croci is expected to win, but it’s his first re-election bid, when incumbents are often more vulnerable.

DISTRICT 54 Six Republicans and Democrats are seeking to replace Republican state Sen. Michael Nozzolio, who held the seat for 23 years but is retiring after undergoing heart surgery. Among the top Republicans are former Michael Assemblyman Sean Hanna, Nozzolio* (R) Canandaigua Supervisor Pam Helming, who won a local designating vote in May, and Lyons Supervisor Brian Manktelow, who finished second. Nozzolio was unopposed in 2014 and Republicans have a voter registration advantage of more than 14,000 over Democrats in the district. Rose town Supervisor Kenan Baldridge is the sole Democrat in the race, but the Republican candidate is expected to win the general election.

DISTRICT 49 Republican state Sen. Hugh Farley, who has held this seat since 1977, put it in play when he announced he would not run again. Putman faces an uphill battle, as he has no experience in public office. Tedisco, who is facing real estate agent Christian Klueg in a GOP primary, has the most name recognition of any candidate, having served in the Assembly since 1983. The district also has about 30,000 more registered Republicans than Democrats, and Farley immediately endorsed Tedisco to replace him. Tedisco was first elected to the Assembly in 1982 and has long been known as one of the state Legislature’s more outspoken members.

Chad Putman (D)

Jim Tedisco (R)

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August 15, 2016

LEAN REPUBLICAN DISTRICT 5

James Gaughran (D)

DISTRICT 6

Carl Marcellino (R)

State Sen. Carl Marcellino has been in office since 1995, but after eking out narrow victories in the two last election cycles, Democrats see him as vulnerable and are renewing a push to flip the district. Suffolk Water Authority Chairman James Gaughran, the Democratic candidate, has about $81,000 on hand, which he has raised since announcing his bid in May. Marcellino has about $280,000 on hand, has the name recognition that comes with incumbency and has weathered past challengers. Political analysts tell City & State that Marcellino will likely be re-elected unless Donald Trump’s campaign collapses and drags down the ticket.

Ryan Cronin (D)

Kemp Hannon (R)

Republican State Sen. Kemp Hannon won his race against attorney Ryan Cronin in 2012, 52 percent to 48 percent. The Democrat is again challenging the 14-term state senator, presenting himself has a reformer after the recent arrests and convictions of the state’s legislative leaders. However, Hannon’s long presence in Albany has helped him to rack up more than $500,000 in campaign funds – a daunting obstacle for any challenger. Hofstra University’s Larry Levy notes that Hannon’s previous close races have been in years when Republicans didn’t spend any significant money on the campaign, which will not be the case this year.

DISTRICT 39

Chris Eachus (D)

Bill Larkin (R)

State Sen. Bill Larkin, an 88-year-old Republican, is making his 14th re-election bid for state Senate. Larkin has come under fire for writing a letter of support for former state Senate Majority Leader Dean Skelos, who was convicted of corruption. That, combined with a growing number of Democratic voters in the district, has made Larkin a target. Additionally, Orange County Legislator Chris Eachus, a Democrat, was largely outspent in his first run against Larkin in 2012, but still received 48 percent of the vote – a narrow loss for challenging an incumbent.

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LEAN REPUBLICAN DISTRICT 40

Ali Boak (D)

Andrew Falk (D)

Terrence Murphy (R)

DISTRICT 41

Terry Gipson (D)

Republican state Sen. Terrence Murphy will have an expensive race against one of two Democrats: former Pound Ridge Councilwoman Ali Boak or lawyer Andrew Falk. The Hudson Valley district is a Senate battleground, though Republicans have maintained control. While Democrats have about 10,000 more registered voters than Republicans do in the district, Democrat Justin Wagner lost to Republican state Sen. Greg Ball in 2010 and to Murphy in 2012. Republicans plan to run on Murphy’s efforts combating the heroin epidemic, and it helps that Murphy did call for Dean Skelos to step down as state Senate majority leader after his arrest on corruption charges.

DISTRICT 43

Sue Serino (R)

Republican State Sen. Sue Serino and her predecessor, Democrat Terry Gipson, are again doing battle.

Gipson won the seat in 2012, but in a three-way race that included a Conservative Party candidate who challenged GOP state Sen. Stephen Saland due to his support of same-sex marriage. Gipson then lost the seat by less than 4,000 votes in 2014 in a two-way race with Serino. Democrats have about 69,000 registered voters while Republicans have about 56,000. Democrats hope the presidential election will boost turnout and bring in the votes needed to regain the seat.

Shaun Francis (D)

Kathy Marchione (R)

State Sen. Kathy Marchione, a Republican who handily won her first re-election bid in 2014, has had a rough year and suffered from some negative publicity. Hoosick Falls residents loudly criticized Marchione for what they call an inadequate or even traitorous response after high PFOA levels were found in the town’s water. Shaun Francis, a union official and a former minor league baseball umpire, is the Democratic challenger, but he will have to pick up votes in a district where Republicans have a voter enrollment advantage – and Marchione has an even more significant edge in campaign fundraising.

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August 15, 2016

DISTRICT 58

Leslie Danks Burke (D)

Thomas O’Mara (R)

Ithaca lawyer Leslie Danks Burke kicked off her campaign to unseat Republican state Sen. Thomas O’Mara with a large fundraising haul and has about $200,000 on hand, although the incumbent has a comfortable lead with $322,000 in his account.

O’Mara has held the seat since 2010 and has run unopposed since then. Republicans in the district have nearly 10,000 more active registered voters than Democrats. Incumbents generally have an advantage in elections, but Burke’s significant fundraising abilities and a possibly high Democratic turnout due to the presidential election could make this race competitive.

DISTRICT 60

Al Coppola (D)

Chris Jacobs (R) Amber Small (D)

Democratic state Sen. Marc Panepinto’s decision not to seek re-election opened the swing district to new candidates from both parties, but Erie County Clerk Chris Jacobs, a Republican, is the early favorite. Panepinto won the seat in 2012 with just a third of the vote in a contest in which former Republican state Sen. Mark Grisanti lost the primary but stayed in the general election on the Independence Party line. Despite a solid Democratic enrollment advantage, political analysts say it may be difficult for a Democrat to win, as Jacobs is highly regarded in the area and has run well county-wide. Additionally, Trump’s popularity could boost Republican candidates on the ticket. Either Amber Small, the executive director of the Parkside Community Association, or former state Sen. Al Coppola will run on the Democratic line. Complicating matters is Kevin Stocker, whose third-party run in 2014 helped Panepinto. He is again petitioning to appear on the ballot in November as candidate on the Conservative Party line and has staged a write-in campaign to help his effort. His petition was short of the required number of signatures needed, though he’s said he will fight the ruling.

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TOSS-UPS DISTRICT 7

DISTRICT 9

Adam Haber (D)

Todd Kaminsky (D)

Elaine Phillips (R) Republican state Sen. Jack Martins put his seat in play when he announced he would run for Congress this year instead of seeking re-election. Martins easily beat Haber in 2014, even though Democrats have an enrollment advantage in the district. This time around, Haber, a businessman and member of the Roslyn school board, has about $232,000 on hand, while Haber’s opponent, Flower Hill Mayor Elaine Phillips, reported only has about $71,000 in campaign funds. Democrats hope Democratic voter turnout and Trump’s polarizing campaign will ultimately win them the seat, while Republicans hope Martins’ high popularity will result in a GOP victory.

Chris McGrath (R)

State Sen. Todd Kaminsky narrowly won the votes needed to replace disgraced former state Senate Majority Leader Dean Skelos, picking up a Long Island seat for Democrats for the first time in years. Kaminsky will again face Chris McGrath, a Republican attorney, in what is expected to be another close race. Democrats believe the presidential election will bring out more Democratic voters and ensure Kaminsky’s second victory, as fewer voters generally show up for special elections.

Additionally, Hofstra’s Larry Levy told City & State that Kaminsky, who is Jewish, has been successful in courting the Orthodox community, a crucial voting bloc.

DISTRICT 46

George Amedore (R)

Sara Niccoli (D)

The 46th District has changed parties each cycle since the seat was created in the last round of redistricting. Democrat Cecilia Tkaczyk, a local farmer, beat GOP businessman George Amedore in 2012, only to lose to him in 2014.

Democrats are again trying to capitalize on their enrollment advantage to win the seat back. The race this year has been contentious, especially since Palatine Town Supervisor Sara Niccoli, the Democratic candidate, has blamed Amedore for attacks over her refusal to say the Pledge of Allegiance due to her Quaker faith.

In a pivotal district, the race is expected to remain contentious until November.

City & State New York

August 15, 2016

DISTRICT 55

Rich Funke (R)

Steve Glickman (D)

Republicans won this seat in 2014 when former TV anchor Rich Funke defeated one-term state Sen. Ted O’Brien, a Democrat. It could be a closer race this time around, but only if there actually is a race. Funke is technically running unopposed, since Democrat Steve Glickman, an entrepreneur, was booted from the contest due to a failure to meet a residency requirement. Glickman, who would enjoy a Democratic voter advantage of about 15,000 in the district if he gets back on the ballot, has said his campaign will appeal the court ruling.

LEANS DEMOCRAT DISTRICT 37 Democratic State Sen. George Latimer was first elected to the state Senate in 2012 after serving in the Assembly since 2004. Latimer fended off a Republican challenger in 2014, winning by about 5 percent. Latimer currently has a significant fundraising advantage, with more than $240,000 on hand compared with just $30,000 for his rival. Democrats also have a voter enrollment advantage in the district, but Republicans have expressed confidence they can win behind Rye Councilwoman Julie Killian.

Julie Killian (R)

George Latimer (D)

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SPOTLIGHT - TECHNOLOGY

AND TELECOMMUNICATIONS Politicians like to portray themselves as allies of the tech industry.

Established high-tech companies and pioneering startups provide goods and services that are wildly popular with the general public. These firms are propelled by innovative technologies that are embraced as way to improve the everyday lives of constituents, and in some cases even to make government bureaucracies more efficient. Their brands symbolize the forward-thinking approaches that elected officials want to associate themselves with. And increasingly, the entrepreneurs and executives that are driving the digital economy are demonstrating their influence in the public sector through massive campaign contributions and small armies of lobbyists.

Of course, there are times when elected officials and leaders in the tech industry don’t play so well together. While New York has a vibrant tech sector that has experienced remarkable growth in recent years, disruptive companies like Uber and Airbnb present a challenge to their more traditional competitors and have chafed against regulations and resistance from lawmakers. And while officials have pledged to expand high-speed broadband internet to every New Yorker, providers have not always kept up their end of the bargain.

In this special section on technology and telecommunications, we delve into these issues and more.

CONTENTS

23. From Uber to FanDuel, how tech-friendly is New York?

By BOB HENNELLY 28. How quickly is New York expanding high-speed internet?

By ASHLEY HUPFL and SARINA TRANGLE

August 15, 2016

City & State New York

August 15, 2016

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>THE DISRUPTORS With innovative apps and online businesses changing the way we interact with the world, how tech-friendly is New York?

By BOB HENNELLY

C:\>run Uber Bad command or file name.

C:\>run Airbnb Bad command or file name.

C:\>run DraftKings Bad command or file name.

C:\>run FanDuel Bad command or file name.

S

IXTEEN YEARS INTO the 21st century, New York City is witnessing a high-tech boom propelled by a wave of innovative start-ups that are reinventing the way business is done around the world. In the process, tens of thousands of new jobs are being created.

And yet at the same time, some disruptive new tech firms like Uber and the daily fantasy sports sites FanDuel and DraftKings, spawned by that same revolution in information technology, face incredible resistance that requires millions be spent on legal fees, lobbying and public relations just to get entry into New York City or elsewhere in the state So, just how friendly and accessible is New York to the next new thing?

BASED ON JOB GROWTH alone, the downstate region appears to be an attractive home base for tech startups.

A recent white paper on the status of New York City’s “innovation ecosystem” found that while high-tech firms

C:\>help

remain a relatively small part of the city’s economy, they have experienced a 56 percent increase in job growth since 2003. That means that even though the sector makes up only 4 percent of the city’s economy, startups have generated 17 percent of the new jobs created since 2003.

Compare that to the dominant finance sector, which accounts for 21 percent of New York City’s economy but has only seen a 4 percent increase in new jobs created over the same period.

And this trend appears to be accelerating. The flow of venture capital into downstate startups has grown from $4.4 billion to $6.1 billion in just one year from 2014 to 2015, according to the report, which was published by the Partnership for New York City’s Innovation Council with help from Deloitte’s innovation consultancy Doblin.

Driving the growth are a convergence of Fortune 500 companies, investment firms and venture capitalists already in the city that want to capitalize on the innovative services provided by “disruptors” through new partnerships and other business relationships.

“And we are talking multiple industries that are based here, financial and professional services, health and life sciences, media and entertainment, design, retail and fashion, and technology,” Mike Simas, executive vice president at the Partnership for New York City, told City & State. “And this is all happening in a diverse city where 150 languages are spoken, which gives you a global test market to sell into that’s compressed into just five boroughs.”

Of course, challenges remain, including a lack of training to prepare local students to participate in the new economy. Only

Gather your team.

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The app challenge, part of Verizon Innovative Learning, gives students hands-on experience solving real-world problems with technology. Students gain teamwork skills, exercise critical thinking and build character as they develop ideas for apps. Teams can win up to $20,000 for their school or club and the chance to work with app development experts from MIT to build their concepts into working apps. Open to middle and high school students in schools and nonprofit programs. No coding required! Learn more and sign up at verizon.com/appchallenge.

No purchase necessary to enter or win. Void where prohibited. Valid in the 50 United States and the District verizon.com/appchallenge.

CS0016_FP.indd 1

8/12/16 1:43 PM

City & State New York

August 15, 2016

8 percent of New York City college students graduate with software and statistical skills, according to the report, while 19 percent of all New York City job ads from March 2016 require technology or engineering skills. Finding office space as a startup scales up can also be a challenge.

But there was little evidence of certain widely held beliefs about the obstacles that startups face in New York City, Simas said.

“We thought going in that taxes and regulations would show up as a problem, but for the smaller firms that drive this startup wave the research indicates that’s not a problem,” he said. “No doubt, Mayor Bloomberg’s tenure helped set the stage for this kind of impressive growth and activity.”

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“

WE THOUGHT GOING IN THAT TAXES AND REGULATIONS WOULD SHOW UP AS A PROBLEM, BUT ... MAYOR BLOOMBERG'S TENURE HELPED SET THE STAGE FOR THIS KIND OF IMPRESSIVE GROWTH AND ACTIVITY. - MIKE SIMAS, Partnership for New York City executive vice president

”

YET ELECTED OFFICIALS have also slowed tech companies. Uber, the ride-sharing app, battled the de Blasio administration in New York City and tried but failed to get state legislation passed this year to allow an expansion upstate. State lawmakers voted to fine those who use Airbnb, a short-term rental site, to post an entire apartment for under 30 days.

Even Pokémon Go, the map-based smartphone game that has been wildly popular since its introduction earlier this year, has state lawmakers weighing legislation to regulate it.

“I don’t think it’s welcoming at all,” state Senate Deputy Majority Leader John DeFrancisco told City & State. “Let’s take Uber, for example. There are certain sit-

uations where there’s public safety issues that you’ve got to make sure there’s at least some regulation. (But) if you ask any businessperson who’s done business in other states, their initial statement to you is taxes are too high and regulations are too prohibitive for me to consider New York as a home. Our reputation precedes us. Some things are good for regulation, others are not necessary.”

Perhaps there is no better example of the resistance a new business model can run into than what daily fantasy sports companies FanDuel and DraftKings encountered when they launched their campaign to reform state gambling regulations

in response to state Attorney General Eric Schneiderman’s effort to shut them down as illegal operations.

Schneiderman’s move in the fall of 2015 came after a joint investigative project

by The New York York Times and PBS’s Frontline entitled “Cash Drops and Keystrokes: The Dark Reality of Sports Betting and Daily Fantasy Games,” which linked the widely popular fantasy sports industry with offshore and off-the-books illegal betting rings.

A month later, Schneiderman followed up with an aggressive statement: “It is clear that DraftKings and FanDuel are the leaders of a massive, multibillion-dollar

THE “UPSTATE UBER” BILL S4280A/A6090A

THE “ANTI-AIRBNB” BILL S6340A/A8704C

PURPOSE: “To establish, regulate and provide proper insurance for transportation network companies and drivers.”

STATUS: In committee in both houses

PURPOSE: “To make unlawful advertising for the use or occupancy of dwelling units in class A multiple dwellings for purposes other than permanent residence, to create civil penalties for violations of this prohibition, and to define the term ‘advertise’ in such context.”

STATUS: Passed Senate and Assembly. Not signed or vetoed by the governor.

THE “DAILY FANTASY SPORTS” LAW S8153/A10736 PURPOSE: “To provide for the registration, regulation, and taxation of interactive fantasy sports contests in New York State.”

STATUS: Passed Senate and Assembly. Signed by the governor.

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scheme intended to evade the law and fleece sports fans across the country,” he said. “Today we have sent a clear message: not in New York, and not on my watch.”

The fantasy sports sites maintained they were games of skill, not chance. In a matter of weeks they ramped up legal and lobbying efforts to make their case.

Boosters of the sites staged a rally in November 2015 that drew 300 supporters outside Schneiderman’s lower Manhattan office carrying signs that read “ bench Schneiderman.”

In December a state court ordered the companies to shut down operations and not take bets. An appeals court reversed the lower court clearing the way for DraftKings and FanDuel to resume business but in March they agreed to voluntarily shut down, while they pursued their legal case and lobbying campaign for relief from lawmakers in Albany.

Sources close to FanDuel and DraftKings say the companies seemed to be making progress in Albany until the well-connected New York Gaming Association took a position opposing the fantasy sites’ efforts to get on the right side of the law. A phone call and email to the New York Gaming Association were not returned.

“Where it gets very expensive is when you have to take on an entrenched interest that has invested heavily in Albany with campaign contributions and political support for decades,” Marc La Vorgna, a former Bloomberg spokesman who advises both FanDuel and DraftKings on their media strategy and regulatory issues in New York, told City & State.

La Vorgna said that his clients did not rely on campaign cash to make their case with legislators in Albany, but mobilized their 3 million-plus fan base in the state. “We relied on activating the massive base of people who love to play, and they poured more than 100,000 emails and a deluge of social media contacts into Albany,” he said. “We had had legislators say they were hearing more from constituents on this issue than any other. So we got their attention and created an understanding that failure to pass a bill would have political consequences.”

In June, large majorities in both the state Senate and Assembly approved legislation legalizing FanDuel and DraftKings along with new regulations and consumer

August 15, 2016

“

“IF YOU ASK ANY BUSINESSPERSON WHO’S DONE BUSINESS IN OTHER STATES, THEIR INITIAL STATEMENT TO YOU IS TAXES ARE TOO HIGH AND REGULATIONS ARE TOO PROHIBITIVE FOR ME TO CONSIDER NEW YORK AS A HOME.

”

- State Sen. JOHN DEFRANCISCO

protections. The industry hailed the new law. FanDuel said that the bill’s passage in New York capped “an extraordinary run of national state legislative progress in the last six months, with seven legislative bodies – Colorado, Indiana, Mississippi, Missouri, New York, Tennessee, and Virginia – now passing a fantasy sports bill this year.”

SO, WHAT DOES a startup do if it is held up in New York? Not every startup has a consumer base of 3 million, like the fantasy sports industry, as political leverage.

For the Ubers and Airbnbs that run into public policy concerns or established economic interests, like traditional taxis and the influential hotel industry, it can be very expensive. To make their case, experts say they have to engage in a broader conversation with the public.

“New York is the No. 1 media market in the country and it is also the most expensive,” said Tom Butler, president of Butler Associates. “So you have to spend the client’s money strategically and the best way to do that is through achieving earned media where your client’s message finds

its way into the editorial and news pages of The New York Times, the Wall Street Journal or Crain’s.”

Butler says his firm helps write and place about 200 op-eds a year around the country, which can be more effective than broadcast ads.

“Compare that, both in terms of costs and impact, to reading that same or similar message on the op-ed page or in a news story where the information has been validated by a third party, like a reporter or an editorial writer,” Butler said. “When working with a client who has an innovative or breakthrough technology you have to work with the CEO to help identify their true target audiences, while putting them as thought leader at the heart of the public discussion.”

George Arzt, president of George Arzt Associates, agreed that advertising efforts can be costly – but that such campaigns can take plenty of time, as well.

“I’d say at a minimum you have to ready to spend $10,000 a month to make sure you have a positive press message out there before you start going for your approvals,” Arzt told City & State. “You sometimes got to be patient. I have been working on a ski resort project in the Catskills and I had the final sign-off when (Eliot) Spitzer was governor.”

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City & State New York

August 15, 2016

QUICK TAKES ANNE ROEST ON IMPLEMENTING A 21ST-CENTURY 9-1-1 SYSTEM …

COMMISSIONER, NEW YORK CITY DEPARTMENT OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS

“New York City’s Next Generation initiative will move the city’s 9-1-1 system significantly forward, and the multiagency effort to make it a reality is essential considering New York City’s scale and operational complexities.

“The city is making a major capital investment now in NextGen 9-1-1, and we are incorporating feedback the city received from a request for information published earlier in 2016. We expect to release a formal request for proposal early in 2017. The city will do its due diligence in planning and DOITT will report annually to the City Council on the status of our progress. Given that NextGen is a few years away, New York City has already taken steps to implement an interim text to 9-1-1 solution to deliver text as a service enhancement to the public in 2017.”

KATHLEEN MCGEE ON THE NEED TO CONFRONT THE GROWING PROBLEM OF CYBER HARASSMENT …

404 PHOTO NOT FOUND CHIEF, BUREAU OF INTERNET AND TECHNOLOGY OF THE NEW YORK ATTORNEY GENERAL’S OFFICE

“To date, law enforcement has not aggressively pursued criminal charges in cases of cyber harassment and cyber threats. There are admittedly challenges in using existing criminal statutes to bring charges against the perpetrators of these offenses, but there also needs to be a greater will to pursue justice in this terrain. Nor have many social media platforms taken steps to deter this conduct. While many platforms have embraced a responsibility to monitor their sites for abusive behavior against their users in their terms and conditions, they have been slow to act.

“We urge legislators, law enforcement and social media platforms to make a commitment to take the issue of cyber harassment and cyber threats seriously. Undeterred online abusive behavior has very serious, real-world consequences. Not only should the public and private sectors dedicate themselves to better training and enforcement of existing laws and policies, they must work together to improve the current framework to more effectively combat this conduct.”

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The N eed About

Public officials around the country have put increasing emphasis on expanding broadband internet access, citing the importance of a high-speed connection for students, entrepreneurs and pretty much everyone else. New York is no exception, but there’s still some catching up to do in the city and the state.

new_york_city.exe Last summer, New York City Mayor Bill de Blasio’s administration released an audit on Verizon’s delivery of a fiber internet franchise agreement and described its efforts as “an alarming failure.” The mayor’s team notified Verizon that its business with city agencies would now come before City Hall, which could block discretionary agreements if a company were considered a bad actor.

At the time, de Blasio made it clear he viewed bringing Verizon’s Fiber Optic Services (FiOS) to all households, which the company promised to do by June 30, 2014, as critical to reducing income inequality. His office noted that 22 percent of city households – and 36 percent of those living in poverty – lacked internet. The mayor had previously committed to ensuring all families and businesses can access affordable, high-speed broadband by 2025. The franchise agreement with Verizon, whose FiOS is considered faster than other broadband methods, was aimed at introducing more competition to the broadband market and driving down costs. Verizon disagreed with the city’s assessment that it had not finished putting its fiber network in the ground, arguing it had encountered difficulties accessing buildings because of uncooperative landlords and other obstacles.

A year later, the city still feels the company is failing to fulfill its responsibilities, according to the New York City Department of Information Technology and Telecommunications. The mayor’s former counsel, Maya Wiley, who was charged with overseeing the expansion of broadband access, has since left the administration, and DOITT said no Verizon contracts have been halted.

doitt.txt “It's no secret, the city is not satisfied with Verizon's effort, and in fact, recent negotiations – which we had hoped would result in an actionable plan for moving forward in a measurable way – have broken down. It's disappointing from the city's perspective and quite clear we need to evaluate all of our options for holding them accountable. While no contracts were stopped, the city has gained a much better understanding of the unique telecommunication requirements of its many agencies, and has used this insight to negotiate master service agreements with multiple vendors so that there is adequate competition for telecommunication services. The reviews will continue to assist the agencies in getting the best contract value and to aggregate demand where possible.”

-Maya Worman, DOITT’s assistant commissioner for external affairs and communication

F or S p fios.ini fios.ini Manhattan Borough President Gale Brewer said residents have complained repeatedly about not having access to FiOS during a forum she hosted last summer. However, Brewer said she had heard that Verizon faced technical and administrative challenges and suggested the city look at gatekeepers that may be preventing Verizon from installing its network.

City & State New York

August 15, 2016

cuomo.txt

brewer.txt “I think the city should be looking more at the gatekeepers, you know, the management agents,” she said. “A lot of these tall, big buildings already had a cable company – sometimes Time Warner, sometimes RCN. … I don’t know if you have to get the co-op board, the managing agent – you have got to figure out where to put the cable. You’re supposed to be able to have it in every building – whatever people want, if they want RCN, if they want Time Warner, if they want FiOS, but I hear about a lot of buildings that just have one.

The reason I hear about them is because people want something else.”

“With this program, New York State will be the first state in the nation to have high-speed broadband all throughout the state. The first state in the nation. I will tell you, it does my heart good when government actually sees a problem and engages in the problem and comes up with a solution and then gets it done in real time, because that does not happen often … Upstate, virtually by the way, has very little, and to the extent it does exist, it exists only in those areas of high concentration, which happen to be the areas that are already doing better economically.”

-Gov. Andrew Cuomo

-Manhattan Borough President Gale Brewer, former chairwoman of the New York City Council Committee on Technology

cuomo.jpg

new_york_state.exe As part of the rollout of his 2016 legislative agenda in January, Gov. Andrew Cuomo promised access to high-speed broadband, at 100 megabits per second or better, to every New Yorker by the end of 2018.

Cuomo has repeatedly touted the approval of the merger of Time Warner Cable and Charter Communications and the requirement that Charter offer high-speed broadband to 145,000 unserved customers over a fouryear period.

Earlier this month while unveiling the first round of New NY Broadband Program awards, Cuomo highlighted the progress the state has made and promised that New York would be the first state in the nation to deliver high-speed broadband to every resident.

S peed

By SARINA TRANGLE and ASHLEY HUPFL

upstate.ini

When private companies began to put in broadband infrastructure, they focused on areas with high concentration of people and businesses, leaving rural areas behind. In upstate New York, there are higher concentrations of areas without high-speed broadband in the Capital Region, the Southern Tier and the North Country.

The second round of the New NY Broadband Program, announced at the governor’s press conference earlier this month, will target the last 3 percent of the state that does not have access to high-speed broadband internet, which would allow the governor to reach his goal.

State Sen. Joseph Griffo, the chairman of the state Senate Committee on Energy and Telecommunications, told City & State that he is focused on helping areas of the state that are off the grid or lagging behind.

griffo.txt “Economic growth cannot happen without broadband access, and strong education and health care sectors are also reliant on highspeed internet access. I am pleased that the New NY Broadband Program has issued the first round of awards to help connect homes to high-speed internet, and I look forward to the second round of awards very soon. The requirements pursuant to the Charter-Time Warner Cable merger will also help upstate in particular gain access to high-speed internet. I am also following the FCC notice and comment rule-making process closely because broadband coverage is regulated at the federal level. On the state level, I hope to enact a bill in 2017 that I carry with Sen. Little (S.6090), which would help with better cell phone coverage upstate by establishing a uniform state siting process for the placement of wireless facilities.”

-State Sen. Joseph Griffo, chairman of the state Senate Committee on Energy and Telecommunications

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August 15, 2016

A fresh perspective on opinions/ Edited by Nick Powell

THE “BLUE LIVES MATTER” BILL IS THE WRONG WAY TO PROTECT POLICE

By JUMAANE D. WILLIAMS

lack Lives Matter, All Lives Matter, and now Blue Lives Matter… For the past couple of years we have been inundated with seemingly competing messages on whose lives should be given the most attention in the public sphere. Passionate advocates have rallied around these slogans and drawn their lines in the sand, all the while covered in fear that their issues and their concerns will be ignored. However, history shows us what we all know to be true: all lives do indeed matter, including blue ones, but it is the issues attached to black lives that are systematically thrown aside and ignored, making #BlackLivesMatter a necessary and absolute statement.

On Aug. 4, New York Assemblyman Ron Castorina introduced the Blue Lives Matter bill. The bill seems to be a response

to the recent assaults on officers following the high-profile deaths of Philando Castile and Alton Sterling last month. If passed, the bill would classify attacks on police officers as hate crimes. Below are four points that explain why this approach is wrong.

First, the title of the bill calls out a redundancy. Naming this piece of legislation “Blue Lives Matter” is apparently a direct response to #BlackLivesMatter. If so, it provides an insult by denying what people are experiencing, and serves to negate the grievances voiced by its advocates.

I speak out vehemently against violence, period. This includes gun violence on our streets, excessive force on civilians and of course attacks on our police,

City & State New York

ANTONIO GRAVANTE

August 15, 2016

who put their lives on the line every day to protect the public. The attacks on and murders of police officers that took place are egregious offenses that should be universally condemned. It’s critical to note that perpetrators against police will rightfully be held accountable. The same cannot be said when the offense is the other way around. Of course Blue Lives Matter and there is overwhelming evidence across the country supporting that. The same cannot be said about black lives.

Second, let’s utilize available information.

I recognize that these are tense times we are living in. Police officers are dealing with an emotionally heightened public and are battling demonized perceptions. I also recognize there’s been a peak in attacks against officers compared to this time last year. It’s important, however, to keep in mind that the number of police officers who have been attacked or killed while on the job has remained steady since the 1980s. Many believe by the end of the year the rates of officer deaths will level off to historical lows.

It’s also important to highlight that white offenders kill police at a higher rate than other racial groups. According to FBI data, between 1980 and 2013, roughly 2,269 officers were killed by offenders, and 52 percent of the killers were white. Most importantly, we have to remember that behind these numbers are real people, and real families that simply wish their loved one was still with them. In addition, the killing of even one officer must have psychological effects on all officers.

Because of this, measures must be taken to ensure that police officers feel safe, protected and respected. That includes both in reality and perception, as both can affect job performance and the lives of those they serve. But this bill does not do that. It is a publicity stunt that entrenches real-life concerns for law enforcement in a dichotomous arena with social justice concerns, where neither side can be heard because the conversations are operating in the same space.

Third, what about existing laws? New York already has laws on the books that make assaults on police officers a higher-grade charge than assaults against civilians. An assault against a law enforcement officer is an automatic felony, with the least serious charge of “assault in the second degree” carrying a minimum two-year sentence. If there is sincere interest, the first question we should ask is whether the existing laws are sufficient. Do we need another

law or a public campaign about what already exists?

And finally, calling an attack on a police officer a hate crime intentionally manipulates the law, and can very well weaken the hate crime concept. Hate crime laws are founded on a person’s identity, which shapes how they move and interact with the world. An occupational choice, even a courageous one that has innate dangers, simply does not fall into that realm, and placing it there does a disservice to the original intent of hate crime laws.

Based on the bill’s presentation, I know that many will try and place any opposition to it in the simplistic “anti-police” category.

However, the fact is we should all want our police to feel safe and actually be safe.

Let’s have the real discussion they deserve around that notion, and not fling a bill into an arena that unnecessarily, and often erroneously, conflates fact and fiction. It’s not helpful, and it’s dangerous.

■

ALL

LIVES

INDEED

MATTER,

INCLUDING ONES, IS

DO BLUE

BUT

THE

IT

ISSUES

ATTACHED TO BLACK LIVES

THAT

ARE

S YS T E M AT IC A L LY THROWN

ASIDE

AND IGNORED ...

Jumaane D. Williams is a New York City councilman representing Brooklyn’s 45th District.

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PUBLIC & LEGAL NOTICES AUGUST 15, 2016

Notice of Formation of IMPRCR 4115 50TH LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 05/20/16. Office location: NY County.

SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o RCR Management LLC, 155 Riverside Dr., Ste. 1D, NY, NY 10024.

As amended by Cert. of Amendment filed with SSNY on 06/23/16, name changed to 4115 50TH LLC. Purpose: Any lawful activity.

Notice of Formation of IMPRCR 4541 39TH LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 05/20/16. Office location: NY County.

SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o RCR Management LLC, 155 Riverside Dr., Ste. 1D, NY, NY 10024.

As amended by Cert. of Amendment filed with SSNY on 06/23/16, name changed to 4541 39TH LLC. Purpose: Any lawful activity.

CONTENT LENDING LLC filed Arts. of Org. with the Sect’y of State of NY (SSNY) on 6/21/2016. Office located in NY County.

SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to: 535 110th St., Apt. 5D, NY NY 10025. Purpose: any lawful act.

BESSO LLC filed Arts. of Org. with the Sect’y of State of NY (SSNY) on 7/8/2016. Office located in NY County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to: 124 W 93rd St., Apt. 7B, NY NY 10025. Purpose: any lawful act.

Notice of Formation of Diana La Mere, LLC. Articles of Organization filed with the Secretary of State to NY (SSNY) On July 12, 2016. Office location: New York County. SSNY has been designated as agent of the LLC upon whom process against may be served. The Post Office address to which the SSNY shall mail a copy of any process against the LLC served upon him/her is: 7014 13th Avenue, Suite 202 Brooklyn, NY 11228.

The principal address to the LLC is: 66 Fort Washington Ave #64 New York, NY 10032.

Purpose: any lawful act or activity.

Notice of Formation of Fair Shake Food LLC. Arts of Org filed with Secy. of State of NY (SSNY) on 7/12/2016.

Office location: NY County.

SSNY designated agent upon whom process may be served against LLC to: US Corp. Agents, Inc. 7014 13th Ave #202.

Brooklyn, NY 11228.

Principal business address: 360 E 88th St. #8F, NY, NY 10128.

Purpose: any lawful act.

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Townsend Bldg., 401 Federal St., Dover, DE 19901. Purpose: Any lawful activity.

For reservations and rates please email: legalnotices@cityandstateny.com or call 212-268-0442, ext. 2017

Notice of Formation of 171 EAST 84TH OWNERS LLC. Art. of Org. filed with the SSNY on June 27, 2000.

Office: New York County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, c/o Gordon Hamm, 124 East 63rd Street, New York, NY 10021, which is also the address for registered agent. Purpose: Any lawful purpose.

Notice of Formation of AARON SAVEDOFF, M.D., PLLC. Art. of Org. filed with NY Secretary of State (SSNY) June 23, 2016.

Office location: New York County. SSNY designated agent upon whom process may be served and shall mail copy of process against PLLC to principal business address: 7 Dey St, Ste 400, New York, NY 10007.

Purpose: To practice medicine, or any lawful activity.

Notice of Qualification of LEVEL EQUITY ASSOCIATES III, LLC Appl. for Auth. filed with Secy. of State of NY (SSNY) on May 03, 2016. Office location: NY County.

LLC formed in Delaware

(DE) on 03/16/16.

Princ. office of LLC: Two Grand Central Tower, 140 E. 45th St., 39th Fl., NY, NY 10017.

SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o Corporation Service Co., 80 State St., Albany, NY 122072543. DE addr. of LLC: 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808.

Cert. of Form. filed with Secy. of State, 401 Federal St., Ste. 4, Dover, DE 19901.

Purpose: Investment management.

Notice of Qualification of PEG POOLED GLOBAL PRIVATE EQUITY INSTITUTIONAL INVESTORS VI LLC Appl. for Auth. filed with Secy. of State of NY (SSNY) on 06/27/16.

Office location: NY County. LLC formed in Delaware (DE) on 06/02/16. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Corporation Service Co. (CSC), 80 State St., Albany, NY 12207. DE addr. of LLC: CSC, 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808. Cert. of Form. filed with DE Secy. of State, Div. of Corps.,

Notice of Formation of 2229 UNI AVE LLC. Articles of Org. filed with the Secretary of State of New York (SSNY) on December 04, 2014.

Office located in New York County. SSNY has been designated for service of process.

SSNY shall mail copy of any process served against the LLC to: THE LLC, 9117 31st Ave. East Elmhurst, NY 11369: Purpose: Any lawful activity or purpose.

Notice of Formation of 2733 CHURCH LLC. Art. of Org. filed with the SSNY on November 18, 2005. Office: New York County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, 2733 Church Avenue, Brooklyn, NY 11226. Purpose: Any lawful purpose.

Notice of Qualification of ROBERTA’S COMMISSARY I EMPLOYER, LLC Appl. for Auth. filed with Secy. of State of NY (SSNY) on 06/30/16. Office location: NY County.

LLC formed in Delaware (DE) on 06/29/16. Princ. office of LLC: 655 Madison Ave., 11th Fl., NY, NY 10065. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC at the princ. office of the LLC. DE addr. of LLC: c/o Corporation Service Co., 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808.

Cert. of Form. filed with DE Secy. of State, John G. Townsend Bldg., 401 Federal St., Ste. 4, Dover, DE 19901.

Purpose: Any lawful activity.

Notice of Qualification of ROBERTA’S COMMISSARY I MANAGER, LLC Appl. for Auth. filed with Secy. of State of NY (SSNY)

on 06/30/16. Office location: NY County.

LLC formed in Delaware (DE) on 06/29/16. Princ. office of LLC: 655 Madison Ave., 11th Fl., NY, NY 10065. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC at the princ. office of the LLC. DE addr. of LLC: c/o Corporation Service Co., 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808.

Cert. of Form. filed with DE Secy. of State, John G. Townsend Bldg., 401 Federal St., Ste. 4, Dover, DE 19901.

Purpose: Any lawful activity.

Notice of Qualification of PEG GLOBAL PRIVATE EQUITY INSTITUTIONAL INVESTORS VI LLC Appl. for Auth. filed with Secy. of State of NY (SSNY) on 06/27/16.

Office location: NY County. LLC formed in Delaware (DE) on 05/15/15. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Corporation Service Co. (CSC), 80 State St., Albany, NY 12207. DE addr. of LLC: CSC, 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808. Cert. of Form. filed with DE Secy. of State, Div. of Corps., Townsend Bldg., 401 Federal St., Dover, DE 19901. Purpose: Any lawful activity.

Notice of Formation of LDV NoMad, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 07/07/16. Office location: NY County.

SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Corporation Service Co., 80 State St., Albany, NY 12207-2543. Purpose: Any lawful activity.

Notice of Formation of PENINSULA (US) LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 07/06/16. Office

location: NY County.

SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Corporation Service Co., 80 State St., Albany, NY 12207-2543. Purpose: Any lawful activity.

Notice of Formation of FERA MORINGA LLC. Art. of Org. filed with the SSNY on 5/18/2016. Office: New York County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to the LLC, 7014 13th Ave #202, Brooklyn, NY 11228. Principal business address: 232 W 14th St. NY, NY 10011. Purpose: any lawful act.

Notice of Qualification of Horizon Actuarial Services, LLC. Authority filed with Secretary of State of NY (SSNY) on 6/20/2016. Office location: NY County.

LLC formed in DE on 10/2/2007. SSNY designated agent upon whom process may be served and shall mail copy of process against LLC to principal business address: 900 Ashwood Parkway, Ste. 170, Atlanta, GA 30338.

DE address of LLC: 1313 N. Market Street, Ste. 5100, Wilmington, DE 19801. Certificate of LLC filed with Secretary of State of DE located at: 401 Federal St. Ste. 4, Dover, DE 19901.

Purpose: any lawful act.

NOTICE OF FORMATION of SBJCT LLC. Arts of Org filed with Secy. Of State of NY (SSNY) on 06/30/2016.

Office location: NY County.

SSNY designated agent upon whom process may be served and shall mail copy of process against LLC to principal business address: 435 W 23rd St. Ste. 1BB, NY, NY 10011. Purpose: any lawful act.

IFARCO 349/119 LLC Articles of Org. filed NY Sec. of State (SSNY)

12/04/2015. Office in NY Co. SSNY desig. agent of LLC upon whom process may be served.

SSNY shall mail copy of process to c/o Timothy O’Donnell, Esq., 40 Exchange Place, 19th Fl, NY, NY 10005. Purpose: Any lawful purpose.

Principal business location: 301 East 69th St., NY, NY 10021.

Notice of formation of HFBRE LLC filed with the Secy. of State of NY (SSNY) on 6/24/16.

Office loc.: New York County.

SSNY is designated as agent of the LLC upon whom process against it may be served. The address SSNY shall mail copy of process to is Fox Rothschild LLP, c/o Leonard Budow, Esq., 101 Park Ave., 17th Fl., New York, NY 10178.

Purpose: Any lawful activity.

Notice of Formation of SITELIFT LLC. Articles of Organization filed with the Secretary of State of NY (SSNY) on July 08, 2016. Office location: NY County.

Princ. office of LLC: 333 Pearl St., NY, NY 10038.

SSNY designated as agent of LLC upon whom process against him or her may be served. SSNY shall mail process to Danielle Djokic, Registered Agent at the princ. office of the LLC. Purpose: Any lawful activity.

Notice of Qualification of Pearl Gamma Funding, LLC Appl. for Auth. filed with Secy. of State of NY (SSNY) on 06/22/16. Office location: NY County.

LLC formed in Delaware (DE) on 05/22/16. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Pearl Gamma Funding, LLC, 100 William St 9th Fl NY NY 10038. DE addr. of LLC: CSC, 1209 Orange St.,Wilmington, DE 19801. Cert. of Form. filed with DE Secy. of State, Div. of Corps., Townsend Bldg., 401 Federal St., Dover, DE

City & State New York

August 15, 2016

19901. Purpose: Any lawful activity.

NOTICE OF FORMATION of East 14th MK LLC. Arts of Org filed with Secy. Of State of NY (SSNY) on 7/14/2016. Office location: NY County.

SSNY designated agent upon whom process may be served and shall mail copy of process against LLC to principal business address: 511 Canal St. Ste. 600, NY, NY 10013. Purpose: any lawful act.

Notice of Application for Authority of RCC TRS, LLC filed with the Secy. of State of NY (SSNY) on 7/5/16.

Formed in DE 1/31/05.

Office loc.: New York County.

SSNY is designated as agent of LLC upon whom process against it may be served. The address SSNY shall mail copy of process to is 712 Fifth Ave., 12th Fl., New York, NY 10019. The office address required to be maintained in DE is 110 S. Poplar St., Ste. 101, Wilmington, DE 19801.

Cert. of formation filed with Secy. of State, John G. Townsend Bldg., 401 Federal St., Ste. 4, Dover, DE 19901. Purpose: Any lawful activity.

Notice of Formation of G’S DELIGHT LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 07/13/16.

Office location: NY County. Princ. office of LLC: c/o Proskauer Rose LLP, Eleven Times Square, NY, NY 100368299. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Attn: Jay D. Waxenberg at the princ. office of the LLC. Purpose: Any lawful activity.

Notice of Formation of GLEN COVE RESTAURANT II LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 07/12/16.

Office location: NY County.

SSNY designated as agent

of LLC upon whom process against it may be served. SSNY shall mail process to Corporation Service Co., 80 State St., Albany, NY 12207-2543. Purpose: Any lawful activity.

Notice of Formation of RMA INVESTORS, L.L.C. Arts. of Org. filed with Secy. of State of NY (SSNY) on 07/12/16.

Office location: NY County. Princ. office of LLC: 20 E. 9th St., NY, NY 10003. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Robert D. Adler at the princ. office of the LLC. Purpose: To conduct any lawful business activities or investment activities permitted or authorized to be conducted by a limited liability company under the New York limited liability company law or the corresponding provisions of any successor law.

Notice of formation of UESMEX LLC Art. of Org. filed with the ssny on July 15 2015 new york county ssny designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC 1685 1ST AVE NY NY 10128. Purpose: any lawful purpose.

Notice of Formation of NMNY GROUP LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 06/22/16.

Office location: NY County. Princ. office of LLC: 350 Fifth Ave., Fl. 68, NY, NY 10118.

SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Kudman Trachten Aloe LLP at the princ. office of the LLC. Purpose: Any lawful activity.

Notice of Qualification of JEWISH APPLIED RESEARCH CENTER, LLC Appl. for Auth. filed with Secy. of State of NY (SSNY) on 07/14/16. Office

location: NY County.

LLC formed in Delaware (DE) on 07/06/16. Princ. office of LLC: 1350 Broadway, Ste. 2101, NY, NY 10018. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC at the princ. office of the LLC. DE addr. of LLC: c/o Corporation Service Co., 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808.

Cert. of Form. filed with DE Secy. of State, John G. Townsend Bldg., 401 Federal St., Ste. #4, Dover, DE 19901.

Purpose: Any lawful activity.

Notice of Qualification of MUDRICK DISTRESSED ENERGY CO-INVESTMENT FEEDER, L.P. Appl. for Auth. filed with Secy. of State of NY (SSNY) on 07/14/16. Office location: NY County.

LP formed in Delaware (DE) on 03/06/15. SSNY designated as agent of LP upon whom process against it may be served. SSNY shall mail process to c/o Mudrick Capital Management, L.P., 527 Madison Ave., 6th Fl., NY, NY 10022.

Name and addr. of each general partner are available from SSNY. DE addr. of LP: c/o Corporation Service Co., 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808. Cert. of LP filed with Secy. of State of the State of DE, John G. Townsend Bldg., 401 Federal St., Ste. 4, Dover, DE 19901.

Purpose: Any lawful activity.

Notice of formation of 79 BAXTER LLC Arts. of Org. filed with the Sect’y of State of NY (SSNY) on 7/13/2016.

Office located in NY County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to: c/o Raber Enterprises, LLC, 175 Canal St., 2nd Fl., NY NY 10013. Purpose: any lawful act.

Notice of Formation of RPM of Panama

City, LLC. Art. of Org. filed with the SSNY on June 1, 2016. Office: New York County.

LLC formed in Florida (FL) on January 28th, 2016. Princ. office of LLC: 2012 Tupelo Ct. Panama City, FL 32405.

SSNY designated as agent of the LLC upon whom process against may be served. SSNY shall mail copy of process to the LLC, 170 E 106th St #2F New York, NY 10029. Purpose: Any lawful purpose.

Notification of formation of MOMENTUM FITNESS, LLC. Articles of Organization filed with the Secretary of State of NY (SSNY) on January 23, 2014. Office location: New York County. SSNY has been designated as agent of the LLC upon whom process against it may be served. The Post Office address to which the SSNY shall mail a copy of any process against the LLC served upon him/her is: 180 W80 Street, Mezzanine.

New York, NY, 10023.

Purpose: any lawful act or activity.

Notice of Formation of CEEDS Staffing LLC. Art. of Org. filled with SSNY on April 7, 2016. Office: New York County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, 833 Broadway, 2nd Floor, New York, NY 10003. Purpose: any lawful purpose.

Notice of Formation of Awesome Accessories, LLC. Art. of Org. filed with NY Secretary of State (SSNY) July 28, 2016.

Office Location: New York County.

SSNY has been designated agent of LLC upon whom process against it may be served and shall mail copy of process against LLC to principal business address: 324 E. 61st St., #1RE New York, NY 10065 Purpose: Any lawful act.

NOTICE OF FORMATION OF Two Lane Films LLC. Articles of Organization filed with the Secretary of State of NY (SSNY) on July 20, 2016. Office location: NEW YORK County. SSNY has been designated as agent upon whom process against it may be served.

The Post Office address to which the SSNY shall mail a copy of any process against theLLC served upon him/her is: Angela Costrini Hariche, 53 Park Place, #4J, New York, NY 10007.

The principal business address of the LLC is: 53 Park Place #4J, New York, NY 10007 Purpose: any lawful act or activity.

Notice of Formation of Sherwood Clinton LLC, Art. of Org. filed with Sec’y of State (SSNY) on 6/20/16.

Office location: NY County.

SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to Sherwood Equities, 745 Fifth Ave., NY, NY 10151. Purpose: any lawful activities.

Notice of Formation of Soussand Associates, LLC, Art. of Org. filed with Sec’y of State (SSNY) on 5/17/16.

Office location: NY County.

SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to Philippe Soussand, 30 E. 85th St., #14B, NY, NY 10028. Purpose: any lawful activities.

Notice of Qual. of Silverview CLO LLC, Auth. filed Sec’y of State (SSNY) 3/1/16.

Off. loc: NY Co. LLC org. in DE 2/29/16.

SSNY desig. as agent of LLC upon whom proc. against it may be served. SSNY shall mail copy of proc. to Att: Adam Hagfors, 40 W. 57th St., NY, NY 10019.

DE off. addr.: CSC, 2711 Centerville Rd., Wilmington, DE 19808.

Cert. of Form. on file: SSDE, Townsend Bldg.,

33

Dover, DE 19901. Purp: any lawful activities.

Public Notice – Matter Ventures, LLC Notice of qualification of Matter Ventures, LLC. Application of Authority filed with the Secy. Of State of NY (SSNY) on 6/21/2016. Office location: NY County.

LLC formed in DE on 12/02.2012.

SSNY designated agent upon whom process may be served and shall mail copy of process against LLC to principal business address: 421 Bryant Street, San Francisco, CA 94107.

DE address of LLC: Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19901. Certificate of LLC filed with the Secy. of State of DE located at: 401 Federal Street Suite 4, Dover, DE 19901.

Purpose: any lawful act.

Notice of Formation of Honeymix LLC. Arts of Org filed with Secy. of State of NY (SSNY) on May 25, 2016. Office location: NY County.

SSNY designated agent upon whom process may be served against LLC to: 225 W 112th St NY NY 10026. Purpose: any lawful act.

Notice of formation of Grafted Hospitality Group LLC, Articles of organization filed with the Secretary of State of NY (SSNY) on 06/02/16.

Office location: New York County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail a copy of process to: c/o Marzec Law Firm, 225 Broadway Suite 3000, New York, NY 10007. Purpose: Any lawful activity.

ADVERTISE HERE

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August 15, 2016

Who was up and who was down last week

LOSERS TONY NICELY - The Geico chief executive joined Gov. Andrew Cuomo in celebrating $4 million in funding from the state to put toward a $15 million expansion of the insurance company’s Western New York operation. In exchange, the company has promised to create 600 new jobs at its new suburban Buffalo offices. The company also arranged for the governor to be able to meet the Geico Gecko. Rumor has it he was disappointed the Caveman wasn’t available.

THE BEST OF THE REST LEO DENAULT - Entergy CEO sells FitzPatrick nuclear plant SIMCHA FELDER - lands Dem, GOP AND Conservative lines STEPHEN L. GREEN - lawsuit dropped, can build 1 Vanderbilt skyscraper DEAN & ADAM SKELOS - free while appealing convictions

OUR PICK

OUR PICK

WINNERS

It’s been tough deciding how to rate some New Yorkers this week.

Sure, climbing Trump Tower with suction cups will get you arrested, but the view must have been great. And while demanding special treatment from a faceless Twitter account isn’t a good look, the New York City Council speaker hit a nerve felt by many who have complained to the city. In the end, we left both off the Winners & Losers list, but the rest should be a quite clear.

HOWARD ZUCKER – Blame the market, but it’s no fun announcing that individuals in the state health insurance exchange will see an average 17 percent price increase next year. New York’s handful of medical marijuana merchants aren’t doing so well either, hamstrung by strict regulations. At least Zucker’s Department of Health is kind to the dead – last year the state made Medicaid payments to 1,296 dearly departed New Yorkers.

THE REST OF THE WORST ERIC ADAMS - Post says feds are probing the BP’s fundraising CHRIS CHRISTIE - aide said he lied about Bridgegate LOGAN GREEN & TRAVIS KALANICK - ridesharing CEOs don’t get Albany payoff TERRY MACRAE - his Hornblower ferry company’s under investigation

WINNERS & LOSERS is published every Friday morning in City & State’s First Read email. Sign up for the email, cast your vote and see who won at cityandstateny.com.

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