| | | | | |  | | By Erin Durkin and Anna Gronewold with Jonathan Custodio | Presented by New Yorkers for Responsible Gaming | If election night was three months long, would you get sick of having pizza for dinner? Ask the candidates in New York's 22nd Congressional District, who have been counting votes since Nov. 3 and still don't know when they'll be able to sleep. Today, in the last undecided congressional race in the country, lawyers for Rep. Anthony Brindisi and his Republican challenger Claudia Tenney, who held the seat before him, are scheduled to tell a judge whether they believe a state court should have the ability to unseat a member of Congress. How did we get here? That's now too long a tale even for the particularly verbose on your Playbook team. But we'll try this: A startling number of tabulation errors by the local boards of elections in the district have prompted so many rulings from the judge overseeing the count that both candidates are likely to appeal one or more of them. So on Monday, in an 11th hour lob as the district's eight counties were ready to finally certify their new, court-ordered vote counts, Brindisi's legal team pointed out that even if numbers were finalized, rulings on which ballots were included or excluded could be later shot down by an appellate court. Tenney's unofficial lead of 123 votes is slim enough that a tweak to the standards put in place by State Supreme Court Justice Scott DelConte could flip the result. DelConte, who has also been trapped in the Neverending Story of this testy re-match, begrudgingly agreed that could be an issue and told Oneida County — which has had some big problems so far — to hold off on certifying its count. If the wrong person is sent to Congress based on his order, can or should an appellate court be able to remove them? The legal teams will present their opinions on that today. With the current lead, Tenney, naturally, already declared herself the victor in a press release this week that also accused Brindisi of trying to block her win. Brindisi's team countered that by pointing out that nothing has been certified yet, and saying a margin of less than .04 percent requires delicate handling. Whatever DelConte says today, please note this is just the first count, and a second is far from off the table. And amid this legal drama, more than 700,000 people in the central New York district do not have a face in the House of Representatives. IT'S FRIDAY. Got tips, suggestions or thoughts? Let us know ... By email: EDurkin@politico.com and agronewold@politico.com, or on Twitter: @erinmdurkin and @annagronewold WHERE'S ANDREW? Holding a briefing with New Jersey Gov. Phil Murphy. WHERE'S BILL? Appearing on WNYC's Brian Lehrer show and visiting the new mass vaccination site at Yankee Stadium. | | | | A message from New Yorkers for Responsible Gaming: Throughout this unprecedented health crisis, Resorts World New York City's commitment to their employees, community and New York State has not wavered. Expansion of existing facilities will allow them to continue to build on their track record of creating good-paying union jobs with full-service employer paid health care, while generating critical resources for education in New York State. Learn more about how Resorts World is supporting its employees and investing in New York's future. | | |
|  | WHAT CITY HALL'S READING | | "A TOP NEW York State health official threw cold water on Mayor de Blasio's calls for the state to allow second doses of the COVID vaccine to be used as first doses to address shortages of the drug. State Health Commissioner Howard Zucker responded to de Blasio's demands Thursday in a letter that points to Centers for Disease Control guidance recommending against the repurposing of second doses. 'The CDC, which is now headed by President Biden's team, does not recommend using second doses for first doses,' Zucker wrote. 'I am in regular contact with the CDC, including as recently as this morning, on this topic when they affirmed their opposition to using second doses as first doses now.'" New York Daily News' Michael Gartland MAYORAL HOPEFULS faced questions Thursday night on how they'd deal with the city's persistent homelessness crisis from a group that typically does not get much air time: New Yorkers currently experiencing homelessness. Ten candidates participated in the two-hour forum , hosted by Shams DaBaron, also known as Da Homeless Hero, an activist and resident of the Lucerne hotel on the Upper West Side, and the Upper West Side Open Hearts Initiative, a group that came about to support homeless individuals staying in hotels in the neighborhood. Mayor Bill de Blasio's record on homelessness — punctuated by his decision last year to move homeless men out of the Lucerne in response to community pushback — was widely-criticized by moderators and candidates. POLITICO's Janaki Chadha — Mayoral candidates share their favorite New York moments. "THE APPOINTMENT of a new commissioner to run the New York City transportation department has raised hopes of progress on a stalled project to replace a deteriorating interstate highway bridge that cuts through Brooklyn Heights, an affluent neighborhood in Brooklyn. Mayor Bill de Blasio said Wednesday that attorney Hank Gutman would run the agency during the mayor's final year in office, with a focus on improvements to public spaces, street safety and bicycle infrastructure. Though Mr. Gutman, a lawyer, has little transportation experience, Mr. de Blasio said he is an expert at navigating thorny issues." Wall Street Journal's Paul Berger FIRST IN PLAYBOOK: Former gubernatorial candidates Cynthia Nixon and Zephyr Teachout are endorsing Lincoln Restler, who is running for the City Council seat in north Brooklyn being vacated by Steve Levin. "Lincoln has been fighting the broken, good old boy Brooklyn politics his whole adult life, and doing it in a shockingly effective way," said Teachout, a progressive law professor who ran unsuccessfully against Cuomo in 2014 and for attorney general in 2018. | | | | TUNE IN TO NEW EPISODE OF GLOBAL TRANSLATIONS: Our Global Translations podcast, presented by Citi, examines the long-term costs of the short-term thinking that drives many political and business decisions. The world has long been beset by big problems that defy political boundaries, and these issues have exploded over the past year amid a global pandemic. This podcast helps to identify and understand the impediments to smart policymaking. Subscribe for Season Two, available now. | | | | |
| | WHAT ALBANY'S READING | | PUBLIC DEFENDERS filed a lawsuit against Gov. Andrew Cuomo Thursday, seeking to force him to allow prisoners to get the Covid-19 vaccine — and just hours later the state announced it would begin doing so for some inmates. Two men currently locked up at Rikers Island who want to get vaccinated are named as plaintiffs in the class action lawsuit, brought on behalf of everyone incarcerated at Rikers and other city jails. Legal advocates have demanded that Cuomo allow access to the shot behind bars, where the coronavirus is raging, but the state so far has not budged on expanding eligibility. While Rikers is a city jail, vaccination policy is set by the state. "The past year has been the scariest of my life. I have asthma, and every day that passes without being vaccinated leaves me anxious that I might be the next person to get sick, or that I may pass COVID onto other people," one of the plaintiffs, Alberto Frias, 24, said in a statement released through his attorneys. POLITICO's Erin Durkin "NEW YORK'S RESTAURANT industry leaders are pleading with Gov. Andrew Cuomo to follow neighboring New Jersey's example and lift the 10 p.m. COVID-19 curfew on bars and restaurants ahead of Super Bowl Sunday this weekend. The Empire State Tavern Association — which represents over 3,000 taverns, bars and restaurants across the state — is proposing a pilot program that would extend dining hours statewide until midnight on Sunday, Feb. 7, allowing health officials to re-examine COVID-19 restriction compliance among patrons. 'Restaurant and tavern owners and their workers can safely operate their establishment at any time. Compliance with the governments restrictions is dependent on their commitment to following the rules and they can do that as well at 9 PM as they can do at 11 PM,' wrote Scott Wexler, the association's executive director, on Thursday in a letter to Cuomo." New York Post's Bernadette Hogan — Albany County Executive Dan McCoy said he will not open up Covid-19 vaccine availability to restaurant workers and food delivery people, arguing that those with chronic health conditions should go first. "FAMILY MEMBERS and service providers supporting some of the most vulnerable New Yorkers say they were blindsided by a proposed $93 million cut to funding for New Yorkers with intellectual and developmental disabilities . Providers say the New York State Office for People with Developmental Disabilities alerted them to the reduction, described as an 'administrative action,' after vague language in Gov. Cuomo's budget proposal warned only of 'reductions in Medicaid rates for OPWDD services' and potential 5% trimming. The massive cut, coupled with last year's $73 million, adds up to a staggering $166 million or 39% reduction, in less than 12 months, advocates argue. In response to the proposal, the state's seven regional Care Coordination Organizations, which help line up care for roughly 110,000 New Yorkers with intellectual and developmental disabilities, are banding together to oppose the cuts. 'To dismantle this program, a lifeline for vulnerable individuals with I/DD, especially during this pandemic, is discriminatory, unconscionable and frankly irresponsible on the part of OPWDD,' said asked James Moran, CEO of Care Design NY." Daily News' Denis Slattery — Cuomo wrote another letter to the congressional delegation, making the case for his $15 billion ask in federal relief to fill out the state's budget. "MAYOR Lovely Warren wants to scrap the existing Rochester police union contract and start over, be allowed to require that officers live in the city, and be able to fire them immediately for cause. Those changes — along with a proposal to upend the test-based hiring process for police and install a civilian interviewing committee — would require action by the state Legislature." Democrat & Chronicle's Brian Sharp #UpstateAmerica: A golden ticket? State troopers snatched up two pounds of marijuana, $8,000 in cash and 400 pounds of edibles on the Thruway, including what appears to be a crate of weed-infused Wonka Bars. Better luck next time, Charlie. | | | |   | | |
| | TRUMP'S NEW YORK | | "A VOTING technology company is suing Fox News, three of its top hosts and two former lawyers for former President Donald Trump — Rudy Giuliani and Sidney Powell — for $2.7 billion, charging that the defendants conspired to spread false claims that the company helped 'steal' the U.S. presidential election. The 285-page complaint filed Thursday in New York state court by Florida-based Smartmatic USA is one of the largest libel suits ever undertaken. On Jan. 25, a rival election-technology company — Dominion Voting Systems, which was also ensnared in Trump's baseless effort to overturn the election — sued Guiliani and Powell for $1.3 billion." Associated Press's Joshua Goodman "LEV PARNAS, the Florida businessman who teamed up with Rudolph W. Giuliani to unearth damaging information in Ukraine about former President Donald J. Trump's political rivals, faced new accusations on Thursday that he duped investors in a start-up company . The Securities and Exchange Commission sued Mr. Parnas for his role in Fraud Guarantee, the company he founded ostensibly to protect consumers from swindles. The company was supposed to offer an insurance-like product to cover investment losses. But the company never got off the ground, and, according to the S.E.C., Mr. Parnas and a business partner diverted some of the roughly $2 million they raised from investors "to pay for lavish personal expenses" unrelated to Fraud Guarantee." New York Times' Ben Protess and William K. Rashbaum "FOR $150, Brad Holiday's customers could purchase and download a package of dating tips and tricks he called his 'Attraction Accelerator.' The batch of files featured advice from Mr. Holiday, a self-styled Manhattan dating coach, about things like the best facial serums and pickup lines, and his thoughts on the viciousness of the opposite sex. But tucked between videos denigrating women and reviews of height-boosting shoes were other guides: how to defeat Communists, expose what he claimed were government pedophilia cabals, and properly wield a Glock. On Jan. 20, F.B.I. agents arrested the man, whose real name is Samuel Fisher, outside his apartment on the Upper East Side in connection with his involvement in the Jan. 6 attack on the Capitol. Stashed in his Chevrolet Tahoe, parked on East 88th Street, investigators found a shotgun, machetes and more than a thousand rounds of ammunition, according to court records." New York Times' Sarah Maslin Nir | | FROM THE DELEGATION | | "WHEN Representative Nicole Malliotakis voted to overturn the 2020 presidential election results, despite no evidence of widespread voter fraud, constituents and local Democrats protested outside her New York office. An editorial in her local paper, the Staten Island Advance, said she 'let America down.' On Monday, a new political action committee — NICPAC, or Nicole Is Complicit PAC — raised more than $20,000 within four hours of launching its website. But Ms. Malliotakis unseated Max Rose, a Democrat, this past November in no small part because of her allegiance to former President Donald J. Trump, who endorsed her. The congresswoman has continued to stand firm with the former president's base, even if that means leaving others behind." New York Times' Jazmine Hughes — Malliotakis and Reps. John Katko and Chris Jacobs were among the 11 House Republicans who voted to remove Rep. Marjorie Taylor Greene from her committee assignments. | | | | KEEP UP WITH CONGRESS IN 2021: Get the inside scoop on the Schumer/McConnell dynamic, the debate over the filibuster and increasing tensions in the House. From Schumer to McConnell, Pelosi to McCarthy and everyone in between, new Huddle author Olivia Beavers brings the latest from Capitol Hill with assists from POLITICO's deeply sourced Congress team. Subscribe to Huddle, the indispensable guide to Congress. | | | | |
| | AROUND NEW YORK | | — Doctors and dentists are hoping to lure back patients now that the providers have been vaccinated for Covid-19. — LIRR workers accused of cheating on overtime were indicted on federal conspiracy charges. — Students and teachers traveling over winter and spring breaks still need to quarantine when they come back, even if they've been vaccinated. — Attorney General Tish James announced that New York will get more than $32 million under a multistate agreement with McKinsey & Company. — The state Department of Parks, Recreation and Historical Preservation confirmed that it had advertised on a Shinnecock Indian Nation electronic billboard, which the state is now threatening to remove. — "A hotheaded Rockaway pizza shop owner known for his customer's-always-wrong attitude is facing criminal charges after Queens prosecutors say he damaged an ex-girlfriend's window while screaming outside her home last month." — A Brooklyn grandmother is asking Cuomo to free the man imprisoned for shooting her in the head 25 years ago, though not even her husband agrees with the quest. — The city Economic Development Corporation agreed to increase its financial support to operate NYC Ferry by up to $64 million after its ridership cratered due to the pandemic. | | SOCIAL DATA BY DANIEL LIPPMAN | | HAPPY BIRTHDAY: Michael Steel of Hamilton Place Strategies … Omarosa Manigault Newman … Jane Bryant Quinn … Ashley Whitlock … Matt Cooke … Alysia Santo … Nicole Levy … Vinoda Basnayake ... Sarabeth Berman … Lisa Tozzi ... CAA's Ali Spiesman … Trevor Kincaid … Susan Szold MAKING MOVES: United Nations Secretary-General António Guterres will name former New York City Mayor Mike Bloomberg as his Special Envoy for Climate Ambition and Solutions. SPOTTED on Thursday night at a Zoom birthday party for Michael Kives, the former CAA agent who now runs media and financial consulting firm K5 Global: Mark Burnett, Doug Emhoff, Bill and Hillary Clinton, Gayle King, Katy Perry, David Geffen, Jim Coulter, Evan Spiegel, Dina Powell McCormick, Brian and Veronica Grazer, Gwyneth Paltrow, Aryeh Bourkoff, Lloyd and Laura Blankfein, Bobby Kotick, Jessica Alba and Greg Lemkow. | | | | A message from New Yorkers for Responsible Gaming: Since opening its doors in 2011, Resorts World New York City has created thousands of good paying union jobs for New Yorkers and generated more than $3 billion for education for New York schools. As the state's largest taxpayer, they're proud of the investments made to revitalize their community and provide meaningful careers to so many.
Last year, when the pandemic struck, their commitment to their employees and the community never wavered. They provided employees with full employer-paid healthcare, supported their neighbors most in need by contributing to different community based organizations, and opened up their facilities for COVID testing.
As the state continues to recover from the worst economic crisis in decades, expansion of existing facilities will allow Resorts World NYC to create thousands of union jobs for New Yorkers, while generating desperately needed revenue for schools and surrounding communities. Learn More. | | |
| | REAL ESTATE | | "A NEW Douglas Elliman Real Estate report shows the number of signed sales contracts doubled for apartment sales in Manhattan and Brooklyn in January when compared to January 2020. Apartment sales, like everything else, froze when the pandemic hit. As a result there's a lot of pent up demand. That, combined with plunging mortgage rates and sellers willing to take less for their property led to this sharp increase in sales activity. 'When I saw January's numbers I went, 'yes.' We are on the right track,'' Steven James said, the President & CEO of Douglas Elliman New York City. The increase in signed sales contracts for co-ops is larger than condos, but both are up in Manhattan and Brooklyn. While the first signs of a rebound started in December in Manhattan, Brooklyn has been seeing more sales activity for months, performing more like the suburbs." NY1's Michael Herzenberg "DECIDING WHICH New York City buildings receive landmark status, which means saving them from the wrecking ball, is an inherently controversial bit of regulatory practice. Case in point: a presumed stop on the Underground Railroad in Downtown Brooklyn was landmarked this week after a 16-year fight to preserve it. But a similar 19th century structure in Washington Heights with the same historical claim has been turned down by the city and faces destruction, although activists say there is still a chance to save it. The difference is in the details." WNYC's Jim O'Grady
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