Monday, August 9, 2021

POLITICO New York Playbook: DeRosa resigns — Cuomo accuser speaks out, files criminal complaint — The fight to vaccinate Far Rockaway

Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Aug 09, 2021 View in browser
 
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By Erin Durkin, Anna Gronewold and Téa Kvetenadze

The crumbling of the Andrew Cuomo administration reached its foundation. Top aide and fierce Cuomo defender Melissa DeRosa resigned last night.

"Personally, the past 2 years have been emotionally and mentally trying," DeRosa said in a statement first provided to NY1. "I am forever grateful for the opportunity to have worked with such talented and committed colleagues on behalf of the state."

DeRosa rose to national prominence alongside Cuomo during the height of the pandemic, and similarly is now facing intense scrutiny as a key player in the scandals that have torpedoed his standing.

While that news will undoubtedly color the rest of today, it might not remain the top headline for long. Today's event lineup includes the Assembly Judiciary Committee's meeting to "address impeachment proceedings" in Albany. It's not "if" but "when": the full conference has already signaled they're ready to move forward, so we're hoping for more details to emerge about how legislative leaders might wield the arcane process in the coming weeks.

Also happening: The woman identified in Attorney General Tish James' report as Executive Assistant #1 — who said Cuomo groped her chest at the Executive Mansion last year — revealed her identity and sat down with CBS and the Albany Times Union in an interview set to air this morning. Brittany Commisso, who filed a criminal complaint with the Albany County Sheriff's office last week, said that Cuomo should be charged. "What he did to me was a crime. He broke the law," she said. "The governor needs to be held accountable."

We won't need to wait for a response from Team Cuomo. On Saturday, the governor's lawyer Rita Glavin was asked by CNN's Pamela Brown which women she thought were lying. "Executive Assistant #1: He did not grope her. And there was evidence that was provided by several individuals to the attorney general about potential motives for her to have made that claim," she said. Glavin also said she is "not aware of the governor having plans to resign" and he will be personally addressing some of the other accounts in the report "very soon."

Cuomo himself? The governor has been holed up in the Executive Mansion since his video response to the report last Tuesday, but an AP photographer spotted him over the weekend wearing what appears to be one of his custom Lacoste NY TOUGH polos alongside a companion The New York Post deemed " possibly his only friend left in Albany."

IT'S MONDAY. 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? No public schedule yet.

WHERE'S BILL? On vacation in Maine and Massachusetts.

BIRTHDAY BREAK FOR CHRIS: The younger Cuomo is taking the week off from CNN, a vacation for his 51st birthday, he said.

 

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WHAT ALBANY'S READING

"New York Lt. Gov. Kathy Hochul Prepares for a Cuomo Resignation," by The Wall Street Journal's Jimmy Vielkind: "In phone calls last week, New York Lt. Gov. Kathy Hochul sought advice on potential first steps in office, as well as whom to hire and which members of Gov. Andrew Cuomo's administration might stay on if he resigned or was removed from office, people familiar with the matter said. Ms. Hochul told people that she believed that as first in the line of succession, she could be called on to take over in a matter of weeks, the people said. If so, she would be the first woman to serve as governor of New York. Mr. Cuomo is grappling with an impeachment inquiry and a report that concluded he broke state and federal sexual harassment laws. While she is well-known in western New York, state officials said Ms. Hochul hasn't been a part of the Democratic governor's inner circle and didn't benefit from the national attention he gained during the coronavirus pandemic — nor the criticism he endured as more about his actions surfaced."

— A senior administration official said Cuomo and Hochul haven't spoken since February.

THE WHO'S WHO OF WHO'S NEXT: The Democrats who could run to replace Cuomo, by POLITICO's Bill Mahoney: While Gov. Andrew Cuomo has not thrown in the towel on his future yet, it's probably a safe bet to assume he will not be elected to a fourth term in 2022. Despite the crescendo of calls for the New York governor to step down early, no Democrats have yet declared their intentions to run to succeed him. And there's plenty of time for wild cards — perhaps a celebrity or billionaire will enter the primary and throw preexisting assumptions for a loop.

— 70 percent of voters say Cuomo should resign and 63 percent back impeachment in a new poll.

Cuomo's lawyers call AG report unfair. How does that compare to 'Troopergate?' by POLITICO's Anna Gronewold: Lawyers representing Cuomo and his administration on Friday disparaged the James investigation — and its verification of 11 accounts of sexual harassment — as a political witch hunt and argued during a lengthy virtual press conference that their clients' versions of the events were not accurately portrayed in the 168-page document. The report detailed a pattern of harassment by the New York governor against 11 women, nine of whom were state employees. It's near impossible to determine the private motivations of James, the accusers and lead attorneys for the AG's office Joon Kim and Anne Clark, but there is so far little indication the investigation was blatantly unfair. And longtime Albany observers say tough luck; that's kind of how these kinds of reports go.

STACKED: "Andrew Cuomo Picked His Own Impeachment Jury," by New York Focus' Sam Mellins: "As impeachment looms as an increasingly likely prospect for Governor Andrew Cuomo, some politicos are pointing to a pair of recent appointments as a possible effort by Cuomo to tilt the scales of an impeachment trial in his favor. According to the New York State Constitution, the jury in a trial of impeachment consists of all 63 state senators except the leader of the majority party (who would become Lieutenant Governor in the event of impeachment and therefore represents a conflict of interest), plus the seven judges of the Court of Appeals, the highest court in New York State.

"Some observers have raised the possibility that one factor in Cuomo's most recent appointments to the Court of Appeals — he nominated two of its members in May, and they were confirmed by the state Senate in June — was to provide likely votes for acquittal, should a trial occur. While the appeals court judges couldn't by themselves acquit Cuomo, they could provide up to 7 of the 24 votes he would need to escape impeachment."

" In public, Cuomo cast himself as an advocate of women. In private, women say, he was harassing them at the same time." by The Washington Post's Michael Scherer and Josh Dawsey: "On Aug. 12, 2019, New York Gov. Andrew M. Cuomo signed a law that made it easier for women in his state to win claims of sexual harassment at work, a problem he described as an 'ongoing, persistent culture' of abuse that needed to change. 'Let's honor all the women who have suffered this pain and endured this humiliation,' he said in a video distributed that day by his office. 'Let's honor the women who have had the courage to come forward and tell their story.' The next day, according to a state investigation, he asked a female state trooper driving him to an event, 'Why don't you wear a dress?'"

— NYT: "How Cuomo Took Advantage of #MeToo"

#UpstateAmerica: We all need a drink by now. A new distillery in Seneca Falls infuses its vodka with mushrooms. If you try it, let us know.

WHAT CITY HALL'S READING

The fight to vaccinate one of the city's hardest hit neighborhoods, by POLITICO's Téa Kvetenadze: Diamond Wright says she won't get the Covid-19 vaccine. The 33-year-old housing worker lost her grandfather to the virus last year. Her Far Rockaway neighbors died at a rate nearly 50 percent higher than the rest of the city during the height of the pandemic. And the Delta variant is raising the specters of spring 2020 anew. But none of that has changed her mind. "Me personally, I'm not gonna get it," she said of the vaccine last week. "It's something new. They came up with it kinda fast." She's not alone. Wright's neighborhood, on the eastern edge of the Rockaway Peninsula in Southeast Queens, has the lowest vaccination rate in the city: As of Friday almost 39 percent of residents in the 11691 ZIP code have had at least one dose and 34.22 percent are fully vaccinated. Citywide, those numbers are 60.7 percent and 55.4 percent, respectively, according to health department data.

"Staten Island officials announce plan to sue NYC over vaccine mandate for indoor dining, gyms and entertainment activities," by Staten Island Advance's Giavanni Alves: "Several Staten Island elected officials announced Friday that they plan to sue New York City over its coronavirus vaccine mandate, saying it infringes on citizens' rights. Rep. Nicole Malliotakis, state Sen. Andrew Lanza, state Assemblymen Michael Reilly and Michael Tannousis, City Councilman Joe Borelli, borough presidential candidate Vito Fossella, local business owners and others gathered in front of La Fontana restaurant in Oakwood to announce the impending lawsuit, which will call for an injunction against the recently announced vaccine mandate."

— "NYC's New COVID Vaccine Passport Simply A 'Glorified Photo Storage App,' Critics Say," by Gothamist's Sophia Chang: "Pictures of cats, Mickey Mouse, even a takeout menu from a BBQ restaurant: Users of New York City's COVID SAFE app have discovered they can upload just about any photo into the new vaccine verification software."

— Today is the last day public school students can get their first shot and be fully vaccinated by the first day of school.

"NYC Reaches Tentative Deal With FDNY EMS Unions To Raise Pay," by Gothamist's Sophia Chang: "New York City's paramedics, EMTs, fire protection inspectors, and EMS staffers will see pay bumps after their unions finalized a long-stalled contract agreement with the city. The city's tentative agreement with unions District Council 37, Locals 2507 and 3621 was announced Friday and will raise wages for more than 4,500 FDNY employees in a contract costing more than $289 million over the next five years. The agreement also stipulates that FDNY will train all EMS staffers to respond to mental health calls as part of a pilot program to remove NYPD from responding to those calls, and staffers who handle such calls will receive extra pay."

 

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TRUMP'S NEW YORK

"Trump's brand is 'irretrievably tarnished,' NYC lawyers say, defending move to cancel Bronx golf course contract," by New York Daily News' Larry McShane: "The Trump name, once slapped on everything from steaks to casinos and skyscrapers, is now too toxic for a Bronx golf course. City lawyers argued in a court filing that Mayor de Blasio's decision to cancel its deal for the ex-president to operate the Trump Golf Links at Ferry Point was a legitimate response after the Jan. 6 Capitol insurrection crippled Trump's ability to draw major tournaments to the Bronx and trashed his reputation. 'The Trump name — once a key selling point for his businesses, including (Trump Ferry Point) and other of Trump's golf course entities — was irretrievably tarnished,' the city maintained last month in its 37-page Manhattan court filing. 'Trump triggered the termination of the License by his campaign of false claims of voting fraud that culminated in his inciting supporters to attack the Capitol, and the resulting fall-out.'"

AROUND NEW YORK

— Bird lovers are mourning the death of a beloved barred owl in Central Park.

Unofficial manual recount results show Harlem City Council Member Bill Perkins losing re-election to democratic socialist Kristin Richardson Jordan.

— A limousine crash that killed 20 people in upstate New York has prompted tougher federal laws governing limos.

— The infrastructure framework includes money to weatherize local homes in Buffalo.

— Some companies are pushing back their office reopenings that were set to begin after Labor Day because of the Delta variant.

— Nearly 15 percent of ranked-choice ballots were "inactive" or exhausted in the final round of tabulation for the New York City Democratic primary for mayor.

— Republican mayoral candidate Curtis Sliwa rallied with Queens residents to oppose replacing Rikers Island with new jails.

— Restaurants are facing a host of issues even as diners return.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: NYT's Julian Barnes and Ken VogelHoda KotbKathleen Matthews ... CNN's Chris Cuomo ... Mercury's Dan Bank … New Deal Strategies' Rebecca Kirszner Katz … former Rep. John Sweeney (R-N.Y.) … Carla Baranauckas Amy B. Rutkin ... Isaac Lederman ... (was Sunday): White House COS Ron Klain … CNN's Kylie AtwoodVirginia Heffernan ... CBS' Lance Frank ... DLA Piper's Jim Blanchard ... ABC's Claire Brinberg

... (was Saturday): Robert Mueller … Axios' Jonathan Swan and Sara FischerBrian Steel of CNBC … former Commerce Secretary Mickey Kantor … Commerce's Caitlin Legacki … CNN's Matt Dornic and Dan Merica … The Atlantic's Scott Stossel (was Wednesday): Newsday deputy assistant managing editor Rob Levin (was Tuesday): Newsday associate managing editors Doug Dutton and Bob Shields (5-0)

ENGAGED — Connor Flocks, a management consultant with Accenture, on Friday proposed to Melissa Schlosberg, a 2L at GW law school. The couple met at a Christmas party in DuPont Circle in 2018, thanks to overlapping Arkansas and Vanderbilt alumni friend groups in the city. Pic by Jordan Moya

MEDIAWATCH: "'Ugh': Life at Andrew Cuomo's Hometown Newspaper," by The New York Times' Azi Paybarah: "For the 165-year-old newspaper rooted in a county with fewer residents than Staten Island, the Cuomo scandal is a rare moment of wider attention. For years, as online platforms and social media gobbled up advertising dollars and audiences, news organizations covering state capitols, including Albany, have shrunk. The Times Union has devoted more resources than most other outlets to covering Mr. Cuomo and his administration: In addition to [Brendan] Lyons, two other reporters and a younger reporting fellow are assigned to the Capitol, not including beat reporters who veer into coverage, too.

"The Times Union, which is owned by Hearst, has stuck to its old-fashioned principles. No going off the record unless absolutely necessary. Minimal schmoozing with sources. Don't let your inbox dictate how you're going to spend your day. That approach is particularly ill-suited for a Cuomo administration."

— "Good Morning America' weekend anchor Dan Harris is leaving after 21 years ," by CNN's Alexis Benveniste: "Harris' departure comes as he shifts his focus to Ten Percent Happier, a mindfulness and meditation company he founded after writing a book in 2014 about meditation and reducing stress."

REAL ESTATE

"Cuomo would have to find a place to live if he resigns or is ousted from office," by New York Post's Melissa Klein, Jon Levine and Conor Skelding: "Maybe he can live in his brother's basement! Gov. Andrew Cuomo, who is widely expected to face impeachment proceedings that could get him tossed from office — and his lavish digs at the Executive Mansion in Albany — seemingly has no other place to call home. He does not own any property in his name, according to available public records. His last private residence was the four-bedroom Mount Kisco abode he shared with his ex, Sandra Lee, which was in her name. Cuomo moved out in 2019, and Lee sold the Colonial she called Lily Pond in 2020 for $1.85 million."

"Gowanus Could Become More Diverse After Rezoning, Racial Impact Study Finds," by The City's Rachel Holliday Smith: "Brooklyn's Gowanus neighborhood would likely become more diverse and less segregated under a proposal to allow more development in the neighborhood, according to a first-of-its-kind study on the contentious rezoning's potential racial impact. The analysis of the Gowanus Neighborhood Plan, conducted by a Columbia University professor with City Council staff, comes as the controversial proposal — previously delayed for months by a lawsuit — now makes its way through the city's public review process."

" New York's rent relief program is still a mess as evictions loom," by New York Post's Julia Marsh: "Two weeks after Gov. Andrew Cuomo promised to fix the state's beleaguered $2.4 billion rent relief program, the process is still a wreck, critics say. The program's Web site continues to feature broken links and error messages and send e-mails saying applications are incomplete when they've been submitted for weeks, said Joseph Strasburg, president of the Rent Stabilization Association, to The Post. 'Little has changed, because the biggest problems — such as application processing time, and Internet and tech issues– are still rampant,' explained Strasburg, who will testify before three state Assembly committees Tuesday on the federally funded Emergency Rental Assistance Program."

— Two lawmakers are proposing another extension of the state's eviction moratorium.

 

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