Tuesday, July 12, 2022

POLITICO New York Playbook: DiFiore's decisive departure

Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Jul 12, 2022 View in browser
 
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By Erin Durkin, Anna Gronewold and Georgia Rosenberg

She may not be the most well-known name in New York politics, but the top court's Chief Judge Janet DiFiore has put her stamp on the state. And so will Gov. Kathy Hochul.

DiFiore's surprise resignation announcement yesterday gives Hochul a chance to build her own legacy in the Court of Appeals, which has been criticized for its close ties to former governor Andrew Cuomo. The seven-member court also has been tilting more conservative than progressive Democrats are comfortable with in recent years because its membership has been dominated by former prosecutors like DiFiore.

The chief judge was part of a four-person bloc that often issued conservative rulings on subjects like police misconduct. Cuomo picked her as chief judge in 2016 and DiFiore maintained a friendship with him during their years living in Westchester County.

On Monday, she said she was stepping down to "move on to the next chapter of [her] professional life." The decision is a rare one. DiFiore, who turns 67 in August, is still a few years away from the mandatory retirement age of 70.

A TWIST: Law360 reported that DiFiore is under investigation by the The New York State Commission on Judicial Conduct for attempting to interfere in the disciplinary hearing of one of her critics, Dennis Quirk, after he threatened to post copies of a newspaper story about DiFiore's alleged affair on court buildings around the state.

State court spokesperson Lucian Chalfen told Law360 that DiFiore's resignation was unrelated to the investigation.

WHAT'S NEXT: The 12-member Commission on Judicial Nomination will screen candidates for the court opening in the coming months and create a short list of potential appointees. Hochul gets to pick and then send a name to the Senate for confirmation.

IT'S TUESDAY. 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 KATHY? In New York City hosting a roundtable with downstate abortion providers then making an announcement at her Manhattan office.

WHERE'S ERIC? Making announcements about street safety and new short-term rental enforcement action, delivering virtual remarks at the U.S. Conference of Mayors' Local Infrastructure Hub kickoff and also the 2022 Asian Leadership Conference, and hosting the kick-off meeting of the city's Game Development Industry Council.

QUOTE OF THE DAY: "Good riddance." — Rep. Hakeem Jeffries' two-word statement in response to DiFiore's announcement.

 

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What City Hall's reading

"Eric Adams Wants to 'Drill Into' Complaints Against NYPD Gun Unit Trainees. So We Did." by New York Focus's Chris Gelardi: "'If it's substantiated, that's one thing. If it's just a complaint, that's another thing,' the mayor continued. 'So let's drill into those complaints.' New York Focus did drill into them — and found that the Neighborhood Safety Team trainees are, on average, even greater outliers when it comes to substantiated complaints. Whereas the average Neighborhood Safety Team-trained cop has a slightly higher number of overall complaints than the average NYPD officer, the trainees average nearly twice the number of substantiated complaints as the department as a whole."

"New Yorkers Who Answered Mayor's Call to Catch Cops on Phones Got No Replies," by THE CITY's Shantel Destra and Jose Martinez: "New Yorkers who answered Mayor Eric Adams's call to snap photos of inattentive police officers on cell phones in subway stations say the campaign is more image than action. Following two spring shootings in the transit system, Adams in April urged riders to 'send me a photo,' pledging that he would pay a visit to stations where cops were photographed on their phones 'to see exactly what's happening.' Evan Ishmael tagged the mayor in a July 3 tweet that shows an officer on a phone at the Christopher Street stop on the No. 1 line in Manhattan. He said he received no response."

"A city correction officer is fired after yet another person dies at Rikers," by WNYC's Matt Katz: "City officials have fired a correction officer following the death of the eighth detainee at the Rikers Island jail complex this year, Department of Correction officials said. 'A preliminary review of this incident required that we take immediate action against the staff involved, and an officer was terminated,' said Department of Correction Commissioner Louis Molina in a statement. A spokesperson did not specify how Elijah Muhammad, 31, died on Sunday, or what role the fired officer played. The death rate at Rikers this year is keeping pace with last year, when 16 people died in city custody and public outrage heightened over conditions for incarcerated people."

NO GOOD DEED — Former Mayor Bill de Blasio criticized the leadership of the Brooklyn Democratic Party during a congressional campaign forum Monday night, a notable position considering that leader, Assemblymember Rodneyse Bichotte Hermelyn, has been supportive of his current run for the seat covering Lower Manhattan and parts of Brooklyn. "We have worked together on increasing opportunities for minority and women-owned businesses in Albany and that was the right thing to do — and I'm proud we did that — but I have to say I'm not pleased with what is going on in the party," de Blasio said, referring to clashes between a reform faction and Bichotte Hermelyn. "Obviously there was a lot of division. There was a lack of transparency and democracy."

While de Blasio noted that the Brooklyn party did not back him in races for public advocate and mayor, Bichotte Hermelyn has been a staunch ally of the former mayor. In May, the Brooklyn lawmaker said in a statement that "Bill de Blasio is the most qualified progressive candidate who I believe can win this diverse seat." And in 2019, a year before she was elected to lead the party, she enthusiastically backed de Blasio's presidential run. During primaries earlier this month, adversaries of Bichotte Hermelyn won several low-level elected positions that will further threaten her grip over the party. "I think what's happened here is going to open up the possibilities for future change," de Blasio said Monday night. — Joe Anuta

— " INTERVIEW: Brooklyn Democratic Party Chair Rodneyse Bichotte Hermelyn," by NY Politics' Stephen Witt

— " NYC congressional candidate Bill de Blasio blasts Biden administration's 'incoherent' monkeypox response as city cases tick up," by Daily News' Chris Sommerfeldt

WHOSE IDEA WAS THIS?: "NYC releases PSA for residents in the event of a nuclear attack ," by New York Post's David Propper: "New York City's Emergency Management Department released a 90-second public service announcement Monday featuring empty city streets and sirens going off in the background amid the rare event. 'So there's been a nuclear attack. Don't ask me how or why,' says a woman who's walking a deserted city street. 'Just know that the big one has hit, OK? So what do we do?'"

WHAT ALBANY'S READING

"New York's New Gun Law Challenged by Trump-Allied Politician," by Bloomberg Law's Keshia Clukey: "Two political parties and a candidate raced each other to the courthouse, vying to be the first to challenge New York's new gun law. Buffalo real estate developer Carl Paladino, who wants to go to Congress, appeared to win that sprint when he filed a lawsuit Monday contending that making private businesses automatically off-limits to concealed weapons violates the US Constitution."

" Effort begins to measure 'pot of money' for Albany diocese's abuse survivors," by Times Union's Brendan J. Lyons: "Attorneys for hundreds of victims who were allegedly sexually abused by clergy and others associated with the Roman Catholic Diocese of Albany agreed Monday to move forward with a negotiated mediation plan that will also keep hundreds of Child Victims Act lawsuits moving forward — including some that are scheduled for trial in the coming months… The attorneys agreed during Monday's conference to move forward with an alternate mediation plan, but without a court order stopping the lawsuits from moving forward on a separate track."

" Cuomo legal team issues subpoenas over trooper groping lawsuit," by New York Post's Carl Campanile: "Lawyers for disgraced ex-Gov. Andrew Cuomo are ramping up for a legal fight against a state trooper who accused him of groping her — issuing sweeping document requests from probes conducted by state Attorney General Letitia James and the Assembly Judiciary Committee. The Judiciary Committee conducted an impeachment inquiry of Cuomo and issued a blistering report last November that accused him of being a sexual harasser who misused state resources while writing a self-congratulatory book during the coronavirus pandemic. The Assembly panel has received notification of a subpoena from Cuomo's lawyers requesting all underlying documentation collected as part of its probe, legislative sources told The Post. Assemblyman Charles Lavine (D-Nassau), the panel chairman, advised all the judiciary committee members on July 7 to preserve all documents in their possession after being contacted by lawyers, sources told The Post."

#UpstateAmerica: A campaign to paint the Hamburger water tower to look like a hamburger is back.

 

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FEELIN' 22

Rep. Sean Maloney's family highlights first campaign ad in competitive NY-17 primary, by POLITICO's Anna Gronewold: The chair of the Democratic Congressional Campaign Committee is focusing on his family in his first campaign ad amid his own primary challenge and intraparty unease about Democrats' ability to hold on to their House majority this November. Rep. Sean Patrick Maloney (D-N.Y.) on Tuesday released a 30-second spot in his race for New York's newly drawn 17th district, where he faces a challenge from state Sen. Alessandra Biaggi (D-Westchester) in the Aug. 23 primary through the Hudson Valley. The ad by the five-term incumbent, husband and father is also a glimpse at how Maloney plans to embody the messaging strategy he has belabored as key to Democrats' national successes as they look toward November.

"I've thought for a while that Democrats need to think about why, with policies that are so popular, we still struggle with so many voters," Maloney said in an interview Saturday. "I think it's because voters need to see what's in your heart, and they need to know who you are. They want to know what makes you tick. And I think we understand people best; we see where they come from; we know their families; we understand them as full human beings."
 
MONDAIRE BUY IN NY-10 — Rep. Mondaire Jones released a second television ad Tuesday focusing on his upbringing and his time in Washington. "Like too many New Yorkers, Mondaire Jones grew up with the chips stacked against him," a voice over says in the 30-second spot, which notes the freshman lawmaker was raised by a single mother and attended law school at Harvard before becoming the first openly gay, Black member of Congress in 2020. "But Mondaire Jones never gave up." Jones is running for the open seat covering Lower Manhattan and parts of Brooklyn.

The new ad will take the place of an earlier one that began June 15 as part of a cable ad buy on which the campaign has already spent $400,000, according to a spokesperson. The spot will run on NY1, MSNBC, CNN and News 12 as part of a strategy to stay on the air throughout the campaign. Jones' ability to reach voters — a necessity in a short and crowded race for the open seat — has been buoyed by $2.9 million in his congressional campaign account as of the end of March. However, his current district and home turf is in Westchester and Rockland counties, and he will need to win over voters after only recently moving to Carroll Gardens. — Joe Anuta

AROUND NEW YORK

— Senate Majority Leader Andrea Stewart-Cousins tested positive for Covid-19.

— "Department of Environmental Protection Commissioner Rohit Aggarwala told City Limits that the Rainfall Ready plan is a 'Band-aid' solution."

— Six protesters from New York Communities for Change were arrested outside the East Hampton Airport after blockading the entrance to the tarmac.

— New York City middle and high schools are getting a $1.5 million grant from Pfizer Inc. for STEM.

— Manhattanhenge was a blast.

— Hochul does not anticipate any new Covid-19 restrictions despite growing spread.

— Nick Langworthy launched television ads for his congressional campaign.

— Amazon is seeking $124 million in tax breaks from Niagara County for a distribution facility.

— The Buffalo and Erie County Botanical Gardens are hosting extended hours to allow patrons to sniff the foul-smelling corpse plant named Morty Jr.

— Albany School District students could finally be able to wear sports bras as shirts at athletic practices this fall.

— A group of protesters denouncing NYC school budget cuts were escorted out of Mayor Eric Adams' public safety event on Monday.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: POLITICO's Ryan Lizza and Adam Wren … CNN's Edward-Isaac DovereBrooke Baldwin … Bank of America's Adam Elias ... Brandon ShawJosh King … CNN's Eden Getachew … Fox News' Bryan LlenasMatt Daly … CBS News' Mary WalshJessica Hanks of DKC … Alex Levy of A.H. Levy & Co., who is celebrating in London (36) … Stu Loeser & Co. media strategist Madeline Saunders Ella Riley-Adams Cecilia Narrett Basel HamdanGregorio Gomez Alexandra Betesh Rita E. Hauser ... Jim Poniewozik(was Monday): Valery Galasso, who celebrated by going to hot new Hudson Valley restaurant Stissing House … Daniel Doctoroff Stephen Berger ... Alyssa A. Katz (h/ts Jewish Insider)

WEEKEND WEDDING — Lily Adams, assistant secretary for public affairs at Treasury, and Corey Ciorciari, partner at Evergreen Strategy Group, were married over the weekend on Cushing Island, Maine. The ceremony was officiated by Shamina Singh, a close family friend of Adams', surrounded by friends and family in an outdoor ceremony overlooking the ocean. The couple's first dance was to the band playing "Cover Me Up" by Jason Isbell. Pic

SPOTTED: Rebecca Chalif, Ian Sams, Jesse Lehrich, Miryam Lipper, Lizzy Chan, Kirsten Allen, Ammar Moussa, Pat Burgwinkle and Kate Waters, Sarah Peck, Nate Evans, Nick Merrill and Valery Galasso, Dan Schwerin and YJ Fischer, Michael Halle and Tara McGowan, Mackenzie Long and Sam Read, Beth Foster Gayle, Brian Fallon, Glen and Dahlia Caplin, Matt Paul, Adrienne Elrod, Alex Hornbrook and Joe Armstrong.

WELCOME TO THE WORLD — Michael Barbaro, host of The New York Times' "The Daily," and Lisa Tobin, executive producer for newsroom audio at the Times, on Sunday welcomed Mira Ruth Barbaro, who came in at 7 lbs.

— Adam Braim, a senior director at Moody's, and Kat Bell, a director of institutional sales at Intercontinental Exchange and a UBS and HSBC alum, recently welcomed baby girl Wyatt. Pic

MAKING MOVES: Mischa Sogut has joined the New York Department of Health as Assistant Commissioner for Government Relations. He previously worked for a decade for Assembly Health Chair Richard Gottfried, who is retiring this year.

Real Estate

"Bidding wars and broker fees push renters to the brink—with no relief in sight," by Crain's New York's Eddie Small: "Lately, however, that New York rite of passage is looking even more like an obstacle course. Manhattan rents are hitting record highs, and the number of available apartments is plunging each month. Broker fees, which used to be fairly easy to avoid, are making a comeback. After years of artificially high advertised rents that dropped quickly once the landlord threw in 'free rent' for a few months, bidding wars are forcing tenants to pay above the asking rent to get an apartment. Factors ranging from high mortgage rates to remote work are contributing to the crunch, and renters should not expect much relief until fall at the earliest, multiple housing experts say."

 

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