THE FORUM NEWSGROUP | JUNE 13, 2024

CongestionPricingPausePlaces FutureProjectsinLimbo:MTA

Governor Kathy Hochul has directed the MTA to indefinitely adjourn congestion pricing plan to address the rising cost of living in the Empire State.

Congestion Pricing Pause to Have ‘Serious Implications’ for Agency’s Finances: MTA

By Michael V. Cusenza

The Metropolitan Transportation Authority this week reacted to Gov. Kathy Hochul’s stunning decision to press pause on Congestion Pricing.

“Circumstances have changed and we must respond to the facts on the ground — not from the rhetoric from five years ago. So, after careful consideration, I have come to the difficult decision that implementing the planned congestion pricing system risks too many unintended consequences for New Yorkers at this time. For that reason, I have directed the MTA to indefinitely pause the program,” Hochul said last week.

In a joint statement issued Monday, MTA Chief Financial Officer Kevin Willens and MTA General Counsel Paige Graves wrote that Hochul’s announcement “regarding the future of Congestion Pricing has serious implications for the MTA’s 2020-2024 Capital Program and likely other aspects of the agency’s financial condition.

“The MTA cannot award contracts that do not have a committed, identified funding source. Until there is a commitment for funding the balance of the 2020-2024 Capital Program, the MTA will need to reorganize the Program to prioritize the most basic and urgent needs.

“As such, the MTA Board will be evaluating what changes need to be made to the Capital Program in the lead-up to this month’s Board meeting. Modernization and improvement projects like electric buses, accessible (ADA) stations and new signals will likely need to be de-prioritized to protect and preserve the basic operation and functionality of this 100+ year old system.

“New York State law places an obligation on MTA to implement a congestion pricing program, and the agency stands ready to do so. But under applicable federal law and regulation, the MTA cannot act until the Central Business District Tolling Program is approved by New York State, New York City and the federal government – and with the announcement of the pause, we no longer have the State’s consent.”

In March, the MTA Board approved Central Business District toll rates by a vote of 11 to 1. Under the plan, passenger vehicles and small commercial vehicles – sedans, SUVs, pick-up trucks, and small vans – paying with a valid E-ZPass will be charged $15 during the day and $3.75 at night, when there is less congestion, to enter the congestion relief zone in Manhattan below 60th Street. They will be charged no more than once a day.

Trucks and some buses will be charged a toll of $24 or $36 during the day to enter the congestion relief zone in Manhattan below 60th Street, depending on their size and function, and $6 or $9 at night. The toll for motorcycles will be $7.50 during the day and $1.75 at night. Yellow taxi, green cab and black car passengers will pay a $1.25 toll for every trip to, from, within or through the zone; customers of app-based for-hire vehicles will pay $2.50. As previously proposed,

“Circumstances have changed and we must respond to the facts on the ground — not

qualifying authorized emergency vehicles and qualifying vehicles carrying people with disabilities will be exempt. As will school buses contracted with the NYC Department of Education, buses providing scheduled commuter services open to the public, commuter vans licensed with the NYC Taxi and Limousine Commission, and specialized government vehicles.

As previously proposed, a 50-percent discount will be available for low-income vehicle owners and a tax credit is available for low-income residents of the Central Business District.

In a statement titled “MTA Board to Outerborough Commuters: Drop Dead”, the City Council Common Sense Caucus wrote, “Congestion Pricing was a fait accompli ever since the New York State Legislature approved the Manhattan Central Business District Tolling Program five years ago, so we fully expected the MTA Board to rubber stamp this multi-billion-dollar tax today. Under this scheme, our constituents, who have the misfortune of living in communities that don’t have adequate public transit options, will now be paying exorbitant fees for transit improvements in communities that already do. At the very least, our MTA overlords could have been truthful about this cynical money grab rather than pretending it’s all about helping the common folk commute.

“We will continue fighting Congestion Pricing in the courts, but this is a sad day for New York City.”

Last week, Ariola took to social media to voice her approval to indefinitely pause the

polarizing plan.

“Thanks to the strong opposition from officials in NYC and NJ, and the pressure from the lawsuit we filed, we were able to halt this disaster from coming into effect,” Ariola posted to Twitter. “The state has consistently been spineless on the subject of congestion pricing, refusing to stand up for the people of New York and alleviate the burdens on already cash-strapped New Yorkers. We won a small victory today with this delay, but we need a real change in Albany to ensure that congestion pricing is never able to rear its ugly head and threaten our citizens in the future.”

Hochul’s explanation for the historic move echoed Ariola’s sentiment.

“Let’s be real: a $15 charge may not mean a lot to someone who has the means, but it can break the budget of a working- or middle-class household. It puts the squeeze on the very people who make this City go: the teachers, first responders, small business workers, bodega owners. And given these financial pressures, I cannot add another burden to working- and middle-class New Yorkers – or create another obstacle to continued recovery,” the governor said. “This decision is about doing what's right for the people who make our City thrive. It's about standing up for the hard-working men and women who get up every single day, do their jobs and just want a fair shake. The little guy who feels no one listens to them. I'm here to say, we are listening. This decision is about you. And to those cynics who question my motivation, I approach every decision through

one lens. What is best for New Yorkers? And we need to make sure our solutions work for everyone – especially those who are struggling to make ends meet.”

Hochul also emphasized that the State is not abandoning the vulnerable MTA.

“We remain fully committed to advancing all the improvements that New Yorkers have been promised. That includes immediate investments in reliability and accessibility: track repairs, new signals, adding more elevators at subway and commuter stations. It means security cameras and other technologies to improve safety for riders throughout the system. And it means moving forward with transformative projects, like the extension of the Second Avenue Subway and the Interborough Express,” she said.

State Sen. Joe Addabbo, Jr. (D-Woodhaven) added, “Congestion pricing would impose heavy financial burdens on taxi drivers, truck drivers, the elderly, the infirm, and the disabled community. Additionally, restaurants, theaters, concert halls, and an entire business ecosystem dependent on financial support from outer-borough residents and visitors would suffer as people are deterred from visiting the city. I believe that delaying the implementation of the Central Business District Tolling Program would allow residents and tourists to better prepare for this unwarranted expense, as we continue recovering from the COVID-19 pandemic and inflation. I applaud the Governor for recognizing the widespread consequences this program would present for residents, businesses, and tourists.”

Photo Courtesy of Marc Hermann/MTA

from the rhetoric from five years ago,” Gov. Hochul said.

Legislature Approves Casino Acceleration Bill

By Michael V. Cusenza

With Congestion Pricing in political purgatory, State elected officials have been scrambling to find new sources of revenue for the beleaguered Metropolitan Transportation Authority.

State Sen. Joe Addabbo, Jr. (D-Woodhaven) apparently made a strong case for his bill to accelerate the downstate casino licensing process to create at each site thousands of union construction jobs, thousands of post-construction union jobs and a significant influx of funds to the MTA.

As a result, the State Legislature has approved Addabbo’s plan.

In 2022, the Legislature authorized a process to create up to three new casino licenses in the downstate region, including areas in and around the five boroughs of the city. Addabbo sought to pass legislation because of the two-year lag in the process’s progress.

“In 1930, construction started on the Empire State Building. It took only a little over 13 months to build that 100-story building 94 years ago and yet the state can't complete a process to determine the placement of a mere three casino licenses more than two years after legislative approval. That is a questionable process that needed to be addressed legislatively with deadlines,” Addabbo noted.

The process includes a competitive selection mechanism that prioritizes economic activity, local impact, workforce enhancement, and diversity plans. To expedite the licensing process and ensure timely economic benefits, Addabbo’s legislation includes specific deadlines for each step, from application submissions to final approvals, preventing delays and maintaining investor confidence. According to the bill, all downstate casino applications must be submitted by Aug. 31, 2024.

“While many expressed serious concerns when we first approved casinos statewide, over time they came to realize the success of these facilities has

had a positive impact in sustaining billions in education funding, creating new youth sports opportunities, while ensuring gambling addiction remains a priority and addressing addiction with credible programs. Similarly, accelerating the downstate casino licensing process will generate billions in much-needed MTA revenue,” said Addabbo, chairman of the Senate Racing, Gaming, and Wagering Committee.

Another Addabbo bill would authorize online interactive gaming, known as iGaming, in New York State. Currently, seven states have authorized online interactive casino gaming, including neighbors New Jersey, Connecticut and Pennsylvania. In 2021, online casino gaming revenue exceeded $1 billion in New Jersey and Pennsylvania, generating approximately $120 million in tax revenue for each state. Addabbo pointed out that New Yorkers have been known to utilize iGaming in these neighboring states, as well as use illegal, unsafe online sites because New York does not have an online, iGaming product.

New York quickly became the leading mobile sports betting market nationally, generating nearly $70 million in tax revenue in a single month. Addabbo believes that if authorized, similarly iGaming in New York would quickly become the national leader in online casino gaming, generating hundreds of millions of dollars in new tax revenue annually for entities such as the MTA.

“The time has come to implement all of these realistic initiatives that are proven revenue generators for our neighboring states,” Addabbo added. “Our state often leads the nation on policies and services, but we are missing a tremendous opportunity to create thousands of jobs and net billions in revenue that will allow all of the MTA public transportation improvements to move forward without burdening taxpayers or businesses in any way.”

The casino acceleration bill now awaits Gov. Kathy Hochul’s approval.

Photo Courtesy of Wikimedia

Howard Beach/JFK Station Attacker Pleads Guilty to Attempted Murder

By Forum Staff

Queens District Attorney Melinda Katz announced that Waheed Foster has pleaded guilty to attempted murder for the violent, unprovoked assault of a subway rider in September 2022 at the Howard Beach/JFK station. The victim, who was on her way to work at the time of the attack, underwent emergency surgery for her injuries which resulted in the loss of her right eye.

Foster, 44, undomiciled at the time of the attack, pleaded guilty last week to attempted murder in the second degree.

Foster was previously indicted in September 2022 for attempted murder, assault in the first degree, three counts of assault in the second degree and two counts of criminal possession of a weapon in the fourth degree. He was arraigned on the charges in January 2024 after being found mentally competent to stand trial.

According to the charges:

On Sept. 20, 2022, at approximately 5:30 a.m., Foster followed 33-year-old Elizabeth Gomes as she got off a train at the Howard Beach/JFK Airport subway station on her way to work.

While the victim was walking up the stairs to reach the main station platform, Foster ran up from behind and struck her in the head with a hard object without any provocation.

While Gomes was walking up the stairs to reach the main platform, Foster ran up from behind and struck her in the head with a hard object without any provocation.

As observed on video surveillance footage, Gomes fled, running through the station.

Foster caught up to the victim and threw her to the ground, punching her repeatedly as she laid on the floor.

Several moments later, when Gomes

began to get up off the ground, Foster kicked her in the face, knocking the victim back down, and continued the attack

A Good Samaritan seen in the video attempting to intervene but is chased away by Foster.

Gomes was taken to a local hospital where she underwent emergency eye surgery. As a result of her injuries, she lost her right eye.

“The brutality and random nature of

this attack is unconscionable,” Katz said. “My office will not allow a small number of violent individuals to undermine the sense of safety for the millions of New Yorkers who depend on the subway every day. After building such a strong case against this defendant, we are looking to provide a measure of closure for the survivor, who suffered such serious injuries.”

On June 24, Foster is expected to be sentenced to 22 years in prison, followed by five years’ post-release supervision.

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“The brutality and random nature of this attack is unconscionable,” DA Katz said.

Aircraft Noise Bill Approved by State Senate

The Pharmacist’s Corner

Presented by Frank Pantina, R.Ph

COLLABORATING FOR BETTER PATIENT CARE

It used to be a common perception among physicians and other health care professional that the role of the community pharmacist was basically limited to filling prescriptions and following their orders.

But thankfully with progression of time and the advances in technology, the role of the community pharmacist in their patients health care has escalated to a point that serves the pool of patients dependant on their medications in ways it never has before.

Today, whether it's a matter of the complex reporting of medication histories to health databases or the simple act of sending a fax, the need for pharmacies to collaborate and communicate with prescribers on many more levels than ever before has led to increased health and awareness among patients.

Over 95% of community pharmacists and physicians agree that mutual cooperation among themselves is a vital tool in improving patient outcomes .

Additional areas of the benefits of healthcare professionals working together include making recommendations to modify patient's drug therapies and providing drug information to aid in the selection of medications.

Pharmacists play a key role in assisting with medication insurance claims, helping patients navigate their way through the often frustrating and confusing world of health coverage.

We also now assist in the adjustment of medication dosages, provide information about drug interactions, help patients adhere to a proper schedule of medication and the management of side effects.

By Forum Staff

The State Senate recently approved a bill crafted to impose a noise tax on nonessential helicopter and seaplane flights in New York City, according to Sen. Joe Addabbo, Jr. (D-Woodhaven), co-sponsor of the proposed legislation.

The tax on noise from nonessential seaplane and helicopter flights would amount to $50 per ticketed passenger or $200 per flight, whichever is greater. Tax exemptions for electric-powered helicopters and seaplanes that meet certain decibel thresholds are included. Helicopter and seaplane operators would file quarterly with the Department of Taxation and Finance, with their tax filings and reports remaining confidential except under certain legal or judicial circumstances. Any revenue collected under this new article would be deposited into the Environmental Protection Fund.

“In recent years, constituent complaints over the ever-growing noise pollution caused by helicopters and seaplanes have been received by my offices,” Addabbo said. “High-decibel noise and vibrations from these aircraft during their takeoffs and landings hundreds of times a week disrupt the daily lives of many New Yorkers, including schools and businesses. Not to mention disrupted sleep patterns caused by the noise negatively impact an individual’s health. I am pleased to support this legislation as a positive step taken by the Senate towards addressing my constituents’ concerns.”

The senator also noted that these types of noise disturbances have been found to have significant health impacts including high blood pressure, muscle tension, sleep disturbances, and stress-related conditions such as ulcers.

The bill is now being considered by the Assembly Ways and Means Committee.

Common sense tells us that pharmacists are like first responders where medication is concerned. The integral role we play in today's complicated health care system is continually expanding and contributing to ensuring a standard of excellence in patient healthcare that can save more lives.

To begin with, pharmacists are well aware that we can’t always rely on patients to remember some important details or in some cases, to tell the whole truth when faced with questions about their medication adherence. Key communication with physicians and other members of a patients healthcare team is working everyday to address these critical issues.

Admittedly there are some concerns with barriers that exist in the expanding integration of pharmacists and physicians, such as the potential for the fragmentation of patient care, concern over liability where shared responsibility and information exists and of course the amount of time needed to invest. But none of those have put a damper on the willingness to work together to guarantee the better health of our patients. and it is obvious in the medical community that there is a widespread desire for the continuance of these relationships that clearly benefit our collective patients.

Until next week...

Laws to Combat Addictive Social Media Feeds

Governor Kathy Hochul on Friday celebrated the legislative passage of two bills to protect kids online.

The Stop Addictive Feeds Exploitation (SAFE) for Kids Act will require social media companies to restrict addictive feeds on their platforms for users under 18. Unless parental consent is granted, users under 18 will not receive addictive feeds. Users may still search for specific topics of interest. It will also prohibit social media platforms from sending notifications regarding addictive feeds to minors from 12 a.m. to 6 a.m. without parental consent. The legislation will authorize the Office of the Attorney General to bring an action to enjoin violations of the new law as well as seek civil penalties of up to $5,000 per violation, among other remedies. And finally, it calls for the establishment of acceptable age verification and parent consent methods, to be determined by the OAG as part of a rulemaking process once the legislation is enacted.

The New York Child Data Protection Act will prohibit online sites from collecting, using, sharing or selling personal data of anyone under the age of 18, unless they receive informed consent or unless doing so is strictly necessary for the purpose of the website. It also authorizes the OAG to enforce the law and enjoin and seek damages or civil penalties of up to $5,000 per violation.

“[T]he passage of these bills signal that New York is taking the lead in putting New Yorkers' safety and privacy at the forefront,” said Assemblywoman Nily Rozic (D-Flushing), Assembly sponsor of the legislation.

Photo Courtesy of Assemblywoman Rozic

Photo Courtesy of Wikimedia/Schvaxet

The tax on noise from nonessential seaplane and helicopter flights would amount to $50 per ticketed passenger or $200 per flight, whichever is greater.

Photo Courtesy of Wikimedia/Beyond My Ken “In recent years, constituent complaints over the ever-growing noise pollution caused by helicopters and seaplanes have been received by my offices,” Sen. Addabbo said.

Adams Administration Extols ‘City of Yes’ Plan as ‘Historic’ Economic Revolution

By Michael V. Cusenza

Mayor Eric Adams, Department of City Planning Director and City Planning Commission Chairman Dan Garodnick on Thursday celebrated the City Council’s approval of “City of Yes for Economic Opportunity,” a set of citywide zoning changes the Adams administration has said will will further fuel Gotham’s economic recovery and pave the way for a more inclusive and prosperous future for New York businesses.

“With today’s passage of ‘City of Yes for Economic Opportunity,’ we have taken another historic step to bring our city’s zoning code into the 21st century and build a more inclusive and prosperous economy. Our proposal will replace outdated restrictions on businesses with new rules that support sustainable job growth, help businesses open and expand, and fill vacant storefronts,” Adams said. “After decades of inaction, it will move our city’s zoning code into the future, laying the foundation for long-term growth across all five boroughs. Quite simply, it will take us from a rotary phone mentality and bring us into the smart phone world.”

According to the administration, City of Yes for Economic Opportunity includes commonsense policy changes that would expand options for businesses to locate near their customers, support growing industries and sectors, foster vibrant neighborhoods and commercial corridors, and provide businesses with clear and modern zoning rules. Among these changes are policies to:

• More than double the space available for clean manufacturing, allowing small producers, such as microbreweries, apparel makers, and ceramic shops, to open and grow in commercial corridors in all five boroughs for the first time.

• Create new zoning tools to allow more than 17,000 businesses in industrial areas that are currently prevented from adding space to grow their businesses.

• E xpand the number of businesses able to open in ground- and upper-floor spaces.

• El iminate outdated rules that prohibit dancing, comedy, and open mic nights in restaurants and venues in commercial areas, and instead govern venues by size and volume.

• Update 1960s-era rules that limit where amusements are allowed, so experiential retail, such as virtual reality arcades, and family-friendly activities can be located closer to where New Yorkers live.

• Modernize how zoning regulates laboratories so life sciences research can flourish in offices and near universities and hospitals.

• R emove outdated restrictions on indoor urban agriculture.

• Fill empty storefronts by fixing decades-old rules that ban businesses from setting up in certain long-term va -

cant facilities.

• A llow a wider range of businesses, including barbers and interior designers, to be based in homes.

• Foster cleaner and safer streets and support local small businesses by helping them expand local delivery capacity.

• Facilitate adaptive reuse of commercial buildings by modernizing loading dock rules.

“By removing outdated regulations, the ‘City of Yes for Economic Opportunity’ will allow small businesses to continue to grow and create jobs, building on the record job growth we've seen in recent months,” said Tom Grech, president and

“The council made modifications to the City of Yes for Economic Opportunity to strike the right balance of promoting economic growth and opportunities for local businesses while protecting neighborhoods and safeguarding quality of life for all New Yorkers,” Council Speaker Adrienne Adams said. “Our efforts will preserve manufacturing districts and enhance the industrial sector, which provides good-paying jobs and can prepare our city for a clean energy future. I'm proud that the council has also secured crucial commitments for an aggressive plan to confront the serious environmental and health impacts of last-mile facilities and trucking, which disproportion -

addressing the gap in access to affordable capital faced by small business owners, particularly early-stage businesses, as well as Black, indigenous, and people of color (BIPOC) and women entrepreneurs that otherwise often cannot obtain traditional bank financing. The fund builds on the success of the landmark $85 million “NYC Small Business Opportunity Fund,” which provided loans of up to $250,000 to over 1,000 businesses, with 69 percent of loans going to BIPOC-owned businesses.

Opponents to the historic overhaul of the City zoning code are legion.

“Baffled by how The ‘City of Yes’ can move forward without input from the OEM and DEP. We’re in flood zones here,

CEO, Queens Chamber of Commerce.

“As the borough with nearly $40 billion of development in place; we applaud Mayor Adams and his team, particularly Planning Commissioner Garodnick for their hard work on this initiative, and thank Speaker Adams and the entire council for approving this plan that will help small businesses create opportunity in all five boroughs.”

City of Yes for Economic Opportunity is the second of Mayor Adams’s three “City of Yes” initiatives to foster a greener, more affordable, and more prosperous city by updating outdated zoning rules. The first — City of Yes for Carbon Neutrality — was adopted by the City Council in December. The third — City of Yes for Housing Opportunity — was referred for public review by community boards and borough presidents this spring and will be put to a vote by the City Council before the end of the year.

ately impact outer-borough communities of color. The additional investments for better enforcement of buildings, nightlife establishments, and unlicensed smoke shops also were pivotal commitments secured as part of the council’s efforts. This balanced approach is responsive to communities and ensures a plan that can propel the city's economy to the benefit of all New Yorkers and neighborhoods.”

On Thursday, the administration also applauded City economic gains since Mayor Adams took office in 2022. Under Hizzoner, over $265 million in grant and loan funding has been facilitated or administered to small businesses through SBS. Last month, Adams announced the launch of the “NYC Future Fund,” a $10 million investment to seed the city’s next major small business loan fund. The fund will accelerate the growth of hundreds of new small businesses in New York City by

not fantasy land! Fix our sewers and power grids first before cramming more buildings into our neighborhoods. It’s a ‘City of No’ if common sense has any say!” Councilman Bob Holden (D-Maspeth) said in November.

In May, Holden and Councilwoman Joann Ariola (R-Ozone Park) blasted the proposal in remarks delivered during a Community Board 5 meeting.

“We do not need more density. Remember, if you vote yes with conditions, and they don’t use those conditions, you’re still a yes. And it takes your ability to vote on any other zoning after your vote here on this particular text amendment,” Ariola said, after dubbing Adams’ plan “The City of B.S.”

“I didn’t think I’d live to see this, but it’s kind of hilarious if it wasn’t so tragic that they are trying to destroy our neighborhood,” Holden added.

Photo Courtesy of Michael Appleton/Mayoral Photography Office

Mayor Adams and Department of City Planning Director Dan Garodnick celebrate the “City of Yes for Economic Opportunity” plan.

State Senate Bets on Mobile Sports Wagering Tax Revenue Bill

By Michael V. Cusenza

The State Senate last week voted in favor of a bill that would authorize 1 percent of mobile sports wagering tax revenue to be used to help address problem gambling, according to Sen. Joe Addabbo, Jr. (D-Woodhaven), sponsor of the proposed law.

Since 2021, the Empire State has quickly become the leading mobile sports betting market, with total wagering in Fis-

cal Year 2024 netting $898 million for education, $6 million to the Office of Addiction Services and Supports for gambling addiction, and $5 million for youth sports. With the success of mobile sports wagering and an evolving new demographic of users, the system to help prevent addiction must grow along with the industry it supports, Addabbo cautioned. With the 1-percent revenue authorization, OASAS can maintain and expand vital services to

“Part of our tireless work to get mobile

maintained a strong commitment to providing services and support for gambling

prevent and fight problem gambling, he added.

“Part of our tireless work to get mobile sports gaming enacted in New York included ensuring [the State] maintained a strong commitment to providing services and support for gambling addiction. While I recognize some might lack enthusiasm for mobile sports gaming, I hope everyone can appreciate that many education services and youth sports have sustained because of

this additional revenue from our successful mobile gaming. As more individuals participate in mobile sports wagering, this set percentage will make sure funding levels coincide appropriately with any gambling addiction needs,” said Addabbo, chairman of the Senate Racing, Gaming, and Wagering Committee.

The bill has been delivered to the Assembly Ways and Means Committee for consideration.

Photo Courtesy of Wikimedia/Océanos y dados

Since 2021, the Empire State has quickly become the leading mobile sports betting market.

Photo Courtesy of Sen. Addabbo

sports gaming enacted in New York included ensuring [the State]

addiction,” Sen. Addabbo said.

Pharmacy Owner and Physician Charged with Illegally Diverting Oxycodone for Cash

By Forum Staff

Federal prosecutors recently unsealed complaints charging Feroze Nazirbage, a pharmacy owner, and Mordechai Bar, a physician, with illegally diverting oxycodone and other controlled substances.

As alleged in the two complaints fi led on May 30, in White Plains federal court and unsealed last week: Oxycodone, a Schedule II narcotic, is a highly addictive opioid analgesic that is used to treat severe and chronic pain conditions, such as postoperative pain, severe back and orthopedic injuries, as well as pain associated with certain forms of cancer and other terminal illnesses. Oxycodone prescriptions are in high demand and have significant cash value to drug dealers. The street value of oxycodone depends on the number of milligrams of oxycodone in each tablet; in and around the NYC area, each milligram of oxycodone roughly translates to around $1 in street value.

Nazirbage, 50, of Bellerose, is associated with multiple pharmacies in and around the five boroughs, including QV Pharmacy in Queens Village, where he has been observed working and directing customers. From at least about December 2022 up to the date of the complaint, Nazirbage has conspired with others to dis-

pense or distribute oxycodone and other controlled substances, in violation of the law, in exchange for cash. In addition to fi lling prescriptions that he knew were not issued for a legitimate medical purpose by a practitioner acting within the usual course of professional practice, Nazirbage also repeatedly sold controlled substances to a customer without a prescription in what is commonly referred to as a “backdoor sale.”

Bar is a physician whose practice is located in New Rochelle. From at least in or about January 2023 up to the date of the complaint, Bar conspired with others to provide prescriptions not issued for a legitimate medical purpose for oxycodone, amphetamine, and alprazolam to patients in exchange for cash payments. Bar issued those prescriptions without conducting medical examinations of the patients and,

in many cases, without even speaking to or meeting with the patients.

Nazirbage is charged with one count of conspiring to illegally dispense or distribute oxycodone and other controlled substances, which carries a maximum sentence of 20 years in prison, and 11 counts of dispensing or distributing oxycodone and other controlled substances, each of which carries a maximum sentence of 20 years in prison.

Bar is charged with one count of conspiring to illegally dispense or distribute oxycodone and other controlled substances, which carries a maximum sentence of 20 years in prison, and 12 counts of dispensing or distributing oxycodone and other controlled substances, each of which carries a maximum sentence of 20 years in prison.

The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

“Failing their ethical duty to do good, the defendants allegedly abused their positions in healthcare by serving as suppliers for a highly addictive narcotic while greedily pocketing the rewards,” FBI NY Assistant Director in Charge James Smith said.

Mayor Lauds Passage of Legislative Priorities

By Forum Staff

Mayor Eric Adams on Tuesday took a political victory lap of sorts.

Hizzoner took the opportunity to applaud the passage of several key pieces of legislation that his administration prioritized in the State legislative session, including bills to make the city’s streets safer, improve micromobility, protect children from addictive social media feeds, and make it easier to build public infrastructure. These wins build off achievements through the State budget earlier this year on the administration’s core priorities, including growing New York City’s affordable housing supply and protecting tenants, providing municipalities with the enforcement tools to shut down illegal smoke and cannabis shops, expanding mayoral accountability in New York City public schools, and allocating $2.4 billion to support with the migrant crisis.

The Adams administration highlighted what it has deemed victories from the 20232024 legislative session:

• Reauthorizing and Expanding the Red-Light Camera Program (S.2812/A.5259): To reauthorize and expand the city’s red-light camera program for three years and from 150 cameras to 600 citywide.

• Alternative Delivery (S.9849/A.10543): To authorize the use of certain alternative project delivery methods for the New York City public works invest-

ment act to provide more flexibility in building public infrastructure.

• Stop Addictive Feeds Exploitation for Kids (SAFE) Act (S.7694-A/A.8148A): Prohibits the delivery of addictive feeds to minors under 18 by addictive social media platform without parental consent, and prohibits social media platforms from withholding non-addictive feed products or services when that consent is not obtained.

• Removing the Requirement for Minimum Wage Floor for Childcare (S.4924/A.1303): Prohibits requiring parents or caretakers to earn a minimum wage to be eligible for childcare assistance.

• E-Mobility/E-Bicycle Battery

Safety: In 2023, Adams announced an electric micromobility action plan to protect New Yorkers from fires caused by lithium-ion batteries and promote safe electric micromobility usage. The following bills related to micromobility were passed: Moped and Motorcycle Registration (S.7703B/A.8450-B): Requires limited use motorcycles be registered at the point of sale; Rebate and Trade-In (S.6809-B/A.6811-C): Provide rebates or new lithium-ion batteries for powered mobility devices at reduced cost or no cost to certain individuals; Certification (S.154-F/A.4938-D): Prohibits the

sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist, or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications.

• Public Hearing Threshold (S.7383A/A.8864-A): Amends contract public hearing requirements to instead mandate the completion of a “public notice” submitted electronically through the city record online.

• FDNY Blood Transfusion (S.6226A/ A.5789-A): Provides for availability of ambulance services and advanced life support for first response service to store and distribute blood and initiate and administer blood transfusions.

• Veterans Tuition Assistance Program (S.8596-A/ A.9205-A): Expands eligibility under the veteran’s tuition awards program to all New York resident veterans, regardless of combat service.

• Senior Citizen Rent Increase Exemption (SCRIE) and Disability Rent Increase Exemption (DRIE) Data Reconciliation Clean Up (S.9785/A.10411): Relates to assessments for certain real property tax exemptions to include years where there is sufficient data to determine an applicant’s eligibility for exemptions.

“Through collaboration with our State partners, today, we once again celebrate another day of fulfilling our mission to improve public safety, rebuild our economy, and make our city more livable for workingclass New Yorkers,” Adams added.

Photo Courtesy of Google

Nazirbage is associated with multiple pharmacies in and around the five boroughs, including QV Pharmacy in Queens Village.

Photo Courtesy of Michael Appleton/Mayoral Photography Office In 2023, Adams announced an electric micromobility action plan to protect New Yorkers from fires caused by lithium-ion batteries and promote safe electric micromobility usage.

Jersey Man Gets a Decade in Prison for Leading Massive NY Insurance Fraud Scheme

By Forum Staff

A New Jersey man has been sentenced to 10 years in prison for conspiracy to commit bribery and conspiracy to defraud the Internal Revenue Service in connection with his orchestration of a $60 million fraud targeting No-Fault automobile insurance companies, federal prosecutors recently announced.

According to the Indictment, the plea agreement, and statements made in court: New York and New Jersey No-Fault insurance laws require a driver’s automobile insurance company to pay automobile insurance claims automatically for certain types of motor vehicle accidents, provided that the claim is legitimate and below a particular monetary threshold. Pursuant to these requirements, insurance companies will often pay medical service providers directly for the treatment they provide to automobile accident victims without the need to bill the victims themselves. This process resolves automobile claims without apportioning blame or fault for the accident, thereby avoiding protracted disputes and the costs associated with an extended investigation of the accident.

From at least in or about 2008 through in or about 2021, Bradley Pierre, 41, agreed with others to unlawfully own and run

to pharmacies in return for over a million dollars in kickbacks and to steer patients to seek legal representation from his wife’s law firm, the Law Firm of Nonna Shikh. The Shikh Firm, which has an office on Queens Boulevard in Elmhurst, then filed lawsuits against insurance companies on these patients’ behalf. Pierre maintained an office at the Shikh Firm and was actively involved in the legal practice as a “manager.” The Shikh Firm made millions of dollars from the scheme and transferred over $4 million of illegal proceeds to Pierre through a “marketing” arrangement between Pierre’s shell companies and the Shikh Firm.

medical clinics located in the New York area, including, among others, Veda Medical, Sky Medical, Sun Medical, and Rutland Medical. Pierre knew that clinics are unable to bill insurance companies for No-Fault benefits if the medical facilities are controlled by non-physicians. Pierre nonetheless agreed with others, including doctors, to submit bills to insurance companies falsely representing that the clinics were owned and operated by licensed doctors and to direct doctors to lie under oath

during Examinations under Oath about the ownership, control, and finances of the clinics. Pierre personally coached doctors to lie under oath in these EUOs.

Pierre used his control of the clinics for personal profit. Between 2008 and 2021, Pierre took over $20,000,000 from the clinics by either transferring the funds directly to bank accounts under his control or using the clinics’ bank accounts to pay his personal finances. Pierre also used his control of the clinics to steer prescriptions

Pierre used his control of the clinics and his managerial role at the Shikh Firm to also steer patients to seek MRIs at a medical facility over which he exercised substantial control. Pierre also agreed with the purported sole owner of the MRI facility, who was a doctor, that the doctor would falsely report injuries in MRI reports. These falsified injuries allowed the clinics to bill insurance companies for additional, unnecessary medical services and allowed attorneys to falsely claim injuries in lawsuits against insurance companies. Pierre and the doctor agreed that the doctor would lie to insurance companies during EUOs about Pierre’s role in the MRI facility.

Former Director at City Mayor’s Office Arrested for Allegedly Participating in Bank Fraud Scheme

By Forum Staff

A former director of Constituent Services in the Community Affairs Unit for the City Mayor’s Office has been arrested in connection with a scheme to steal millions of dollars from financial institutions, which resulted in the theft of over $10 million, federal prosecutors announced Thursday.

Tommy Lin, 41, of Forest Hills, was charged in a superseding indictment along with Zhong Shi Gao, a/k/a “George,” and Fei Jiang, a/k/a “Jeffrey,” a/k/a “Brother Fei,” who were previously arrested in November 2023.

According to the allegations in the superseding indictment unsealed Thursday in Manhattan federal court:

Lin previously served as the director of Constituent Services in the Community Affairs Unit for the NYC Mayor’s Office between in or about 2014 and in or about 2019. As part of his responsibilities, Lin served as a senior advisor to the City Police Department’s Asian Advisory Council.

Between at least in or about 2018 and in or about 2022, Lin participated in a scheme with Gao, Jiang, and others to steal millions of dollars from banks by causing transfers of funds between accounts they controlled, then falsely and fraudulently reporting that the transfers were unauthorized, which induced the financial institutions to credit them the amount of the transfers. The scheme was responsible for over $10 million in actual losses to nearly a dozen banks.

Lin participated in the bank fraud conspiracy by, among other things: providing names and dates of birth for potential accountholders to be used in the scheme, running background checks on members of the scheme to ensure that law enforcement was not investigating them, and accepting approximately $20,000 in cash in exchange for arranging for a deportation officer with Immigration and Customs Enforcement to arrest a disgruntled accountholder who had previously participated in the scheme.

Lin is charged with one count of bank fraud conspiracy, which carries a maximum sentence of 30 years in prison; one count of conspiracy to commit wire fraud affecting a financial institution, which carries a maximum sentence of 30 years in prison; and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison to be served consecutively to any other sentence imposed.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

“Tommy Lin, a former director in the Mayor’s Office, allegedly participated in a scheme to defraud more than a dozen financial institutions of at least $10 million by submitting illegitimate fraud reports to force the banks to reimburse them. To facilitate this conspiracy, Lin allegedly assisted members of the scheme in running background checks and accepted a significant cash bribe to arrange the arrest of a slighted accountholder by immigration

authorities,” FBI NY Assistant Director in Charge James Smith said. “Those in municipal offices are expected to conduct themselves with rectitude and obedience to the law, not engage in the purposeful manipulation of our economic infrastructure. The FBI is committed to ensuring all citizens, especially those in positions of authority, adhere to financial regulations and will investigate individuals who seek to profit from fraudulent plots.”

Photo Courtesy of Google

Pierre also used his control of the clinics to steer patients to seek legal representation from his wife’s law firm, the Law Firm of Nonna Shikh, which has an office on Queens Boulevard in Elmhurst.

File Photo

“Those in municipal offices are expected to conduct themselves with rectitude and obedience to the law, not engage in the purposeful manipulation of our economic infrastructure,” FBI NY Assistant Director in Charge Smith said.

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Notice of Formation of SPEECH AND SWALLOW WELLNESS PLLC. Arts of Org filed withSecy. of State of NY (SSNY) on 4/30/2024. Office location: Queens County. SSNY designated as agent upon whom process may be served and shall mail copy of process against PLLC to 5750 79th Street FL3, Middle Village, NY 11379. Purpose: Any lawful activity.

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A Notice of Formation of W & H United Capital LLC. Art. of Org. filed Secy. of State of NY (SSNY) on 11/13/2023. Office location: Queens County. SSNY Designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to: The LLC, 51-71 Codwise Place 2Fl, Elmhurst, NY 11373. Purpose: any lawful activity.

A Notice of Formation of 166 LAFAYETTE AVENUE LLC. Art. of Org. filed Secy. of State of NY (SSNY) on 05/30/2024. Office location: Queens County. SSNY Designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to: 166 LAFAYETTE AVENUE LLC 50-43 MORENCI LANE, LITTLE NECK, NY, 11362, USA. Purpose: any lawful activity.

Notice of formation of Senjun Pilates LLC. Articles of Organization filed with the Secretary of State of New York SSNY on 5/16/2024. Office located in Nassau. SSNY has been designated for service of process. SSNY shall mail copy of any process served against the LLC 43 Glen Cove Rd Ste B #171, Greenvale, NY 11548 Purpose: any lawful purpose.

Notice of Formation of KOOBASE

LLC Arts of Org filed withSecy. of State of NY (SSNY) on 04/04/2024. Office location: Queens County. SSNY designated as agent upon whom process may be served and shall mail copy of process against LLC to ZENBUSINESS INC., 41 STATE STREET, SUITE 112, ALBANY, NY, 12207, USA. General Purpose

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LLC Arts of Org filed withSecy. of State of NY (SSNY) on 5/29/2024. Office location: Queens County. SSNY designated as agent upon whom process may be served and shall mail copy of process against LLC to ZENBUSINESS INC., 41 STATE STREET, SUITE 112, ALBANY, NY, 12207, USA. General Purpose

Notice of formation of EDC MAX CLEANING SERVICES LLC Articles of Organization filed with the Secretary of State of New York SSNY on 01/20/2024. Office located in Nassau. SSNY has been designated for service of process. SSNY shall mail copy of any process served against the LLC to:EDWIN ROSENDO RIVEROS CHAPARRO, 112-15 76TH ROAD APT 2, FOREST HILLS, NY, 11375, USA. Purpose: any lawful purpose.

2821 30TH AVENUE, LLC. Arts. of Org. filed with the SSNY on 03/15/24. Office: Queens 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 Richard Howard, 9 Sheila Drive, Hauppauge, NY 11788. Purpose: Any lawful purpose.

Notice of formation of 130 BEACH 137 LLC Articles of Organization filed with the Secretary of State of New York SSNY on 2/27/2024. Office located in Queens. SSNY has been designated for service of process. SSNY shall mail copy of any process served against the LLC to: THE LLC, 140 BEACH 137TH STREET, BELLE HARBOR, NY, 11694, USA. PURPOSE: ANY LAWFUL ACTIVITY.

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