NEW YORK— New York State Attorney General Eric T. Schneiderman, Board of Regents Chancellor Merryl H. Tisch, and State Education Commissioner John B. King, Jr. today announced that the State Attorney General’s Office and the State Education Department will immediately conduct a compliance review of school district enrollment policies and procedures for unaccompanied minors and other undocumented students.  The review, which will examine whether students are being denied their constitutional right to an education, will initially focus on districts experiencing the largest influx of unaccompanied minors from Central and South America. 

“Schoolhouse doors must be open to every student in our increasingly diverse state regardless of their immigration status—there is simply no excuse for denying that basic right, which is protected by the Constitution,” Attorney General Schneiderman said. “More than 30 years after the Supreme Court guaranteed a free public education for undocumented children, we must do everything we can to uphold the law and ensure equal access for all our students. This review is a crucial step in that effort."

"We have a legal and a moral obligation to provide every child, no matter where they come from or what they look like, with an education," said Chancellor Tisch.“And we're going to do everything possible to make sure that happens.  The Department will take strong and swift action against any district that breaks the law and denies a child a seat in a classroom.  

"The Board of Regents recognizes the fiscal impact an unanticipated influx of new students has on districts.  We are asking New York's Congressional delegation to support urgent action on proposals for federal funding for districts receiving unaccompanied minors.  Our State Aid proposal, to be announced later this fall, will call for immediate action on additional state aid for districts managing an influx of new students this school year."

“Every school district in New York State has an obligation to educate all of our children regardless of their immigration status,” Commissioner King said. “We will not stand by while districts ignore the law and prevent these children from receiving an education.  Department staff has already started this process, and we won’t stop until we’re sure every district is following the law and every child is in school.”

The joint compliance review will help determine whether districts in Nassau, Suffolk, Rockland and Westchester counties maintain policies and procedures that exclude or impair the ability of students seeking to enroll in school solely on the basis of their citizenship or immigration status, or that of their parents or guardians. The first phase of the compliance review will focus on districts experiencing the largest influx of unaccompanied minors from Central and South America.

The announcement follows a series of actions already taken by the Department.  On August 30, 2010, the Department issued guidance to districts on their obligations in enrolling students and making residency determinations, particularly students who are not citizens of the United States.

On September 10, 2014, the Department expanded the guidance to address the specific circumstances of unaccompanied minors who have recently entered the country in larger numbers.

On October 17, 2014, following allegations that the Hempstead School District was ignoring the law and preventing 34 Hispanic children from receiving an education, the Department launched a full investigation of enrollment policies in Hempstead.  The District subsequently committed to enroll the students and to provide them with an appropriate public education.  A report to the Department from the interim district superintendent of the Nassau Board of Cooperative Educational Services (BOCES) on the Hempstead policies is expected today.  King said the Department will direct the Hempstead School District to take immediate action to address concerns raised in the report. 

In 1982, the United States Supreme Court invalidated a Texas law that had denied state funding to schools to educate undocumented students and had authorized schools to deny enrollment to undocumented students (Plyler v. Doe, 457 U.S. 202).  The Court held that the U.S. Constitution guarantees equal protection under the law for undocumented children and explained that denying undocumented students an education would "deny them the ability to live within the structure of our civic institutions, and foreclose any realistic possibility that they will contribute in even the smallest way to the progress of our Nation." (Plyler, 457 U.S. at 223) As Plyler makes clear, the undocumented or non-citizen status of a student (or his or her parent or guardian) is irrelevant to that student's right to an elementary and secondary public education. 

This joint compliance review will be modeled on similar reviews conducted by federal agencies and will include an examination of districts’ written enrollment and registration materials, as well as a review of publicly-disseminated information regarding those procedures.  The first phase of the joint compliance review will focus on Suffolk, Nassau, Westchester and Rockland counties.  In addition, representatives of the Attorney General’s Office will meet with community based organizations and advocates to provide technical assistance as to the legal obligations of districts surrounding enrollment and the rights of students and parents, and to provide information on the due process rights of impacted students, including the right to appeal district enrollment decisions directly to the Commissioner (http://www.counsel.nysed.gov/appeals).

In addition, the New York State Technical and Education Assistance Center for Homeless Students (NYS-TEACHS) provides technical assistance to school districts, social service providers, shelters, families, youth and others about the McKinney-Vento Homeless Assistance Act.  NYS-TEACHS services include:

• A toll-free helpline for questions about school-related issues (800-388-2014);
• On-site training, webinars, and annual McKinney-Vento workshops on the education of students in temporary housing; and
• Free posters and brochures in multiple languages with information about the rights of students in temporary housing.

The NYS-TEACHS helpline has operators available to provide guidance and support to speakers of languages other than English.  Undocumented students who may qualify as homeless and are experiencing enrollment difficulties – and their parents, social service providers, and other advocates – should contact the helpline for assistance.

A copy of the letter sent to school districts in Suffolk, Nassau, Westchester and Rockland counties can be viewed here

BUFFALO – Attorney General Eric T. Schneiderman today announced the conviction of  Michael Rodriguez for the 1979 murder of his estranged wife, Patricia Scinta Rodriguez. Ms. Rodriguez’s body was found in a deserted section of Lackawanna’s Holy Cross Cemetery in the early morning hours of April 13, 1979 (Good Friday); she had been stabbed at least 108 times. Following a two-week trial and just three hours of deliberation, an Erie County jury today convicted Rodriguez of Murder in the Second Degree. He faces life in prison. 

“Our goal in bringing this case was to get justice for Patti and I hope today’s verdict brings a small measure of comfort to her family and friends,” said Attorney General Schneiderman. “No murder should go unsolved. Today’s verdict is a reminder that we will never stop seeking justice for victims and their families.”

During the trial, several witnesses testified that, on the night before her body was found, they saw Patricia Rodriguez and the defendant dancing at Danny Boy’s, a local bar. A longtime neighbor of Michael Rodriguez testified that he saw the pair leave the bar and enter the cemetery together. It was the last time that anyone saw Patricia Rodriguez alive. 

Michael Rodriguez’s girlfriend at the time, Donna Williams, testified that, just a few hours later, Rodriguez called her and said: “I killed Patti in the graveyard.” Just 19 years old at the time, she cleaned Rodriguez’s bloody, brown leather jacket when he came home that morning and later provided an alibi for Rodriguez in interviews with police. She testified that she lied to police because she loved Rodriguez, was pregnant with his child and wanted to build a life with him.  However, on the 30th anniversary of the murder in 2009, the New York State Police, led by Senior Investigator Christopher Weber, reopened the investigation and Ms. Williams felt compelled to come forward to police and tell the truth.

In 2009, when the New York State Police’s Major Crimes Unit reopened the case, forensic testing of the brown leather jacket determined that four dried bloodstains on the jacket matched Patricia Rodriguez’s DNA. Additional forensic testing in 2013 identified Michael Rodriguez’s DNA inside an intimate area of the clothing the victim was wearing on the night she was killed.

The brother of Rodriguez’s best friend also testified at trial, saying that he and his brother helped get rid of Rodriguez’s bloody shoes and clothes the day after the murder. He and his brother took the clothes, including a pair of bloody shoes belonging to Michael Rodriguez, to a remote area of Woodlawn Beach and burned them.

The two final witnesses for the Attorney General’s Office testified that Michael Rodriguez admitted to each of them, separately and years after the murder, that he had killed Patricia Scinta Rodriguez. An ex-girlfriend of the defendant testified that, in 1983, Rodriguez beat her and threatened to kill her “like I killed my children’s mother.” She said that she was too scared to call police; “I didn’t want to be another Patty,” she testified.

The defendant now faces a minimum sentence of 15 years to life and a maximum sentence of 25 years to life in prison, and is scheduled to be sentenced by the Honorable Michael L. D’Amico in Erie County Supreme Court on November 21st.   

The Attorney General thanks the New York State Police and Superintendent Joseph A. D’Amico, the Lackawanna Police Department, Erie County District Attorney Frank A. Sedita III, the Erie County Central Police Services Forensic Laboratory and the Erie County Office of the Medical Examiner for their valuable assistance in this investigation.  

The case was prosecuted by Assistant Attorneys General Diane LaVallee and Cydney Kelly of the Criminal Enforcement and Financial Crimes Bureau and Assistant Attorney General Patricia Carrington of the Organized Crime Task Force, with the assistance of Deputy Bureau Chief Stephanie Swenton and Assistant Attorney General Isaac Gilwit.  The case was overseen by Gary Fishman, Chief of the Criminal Enforcement and Financial Crimes Bureau. The Criminal Enforcement and Financial Crimes Bureau is part of the Division of Criminal Justice, led by Executive Deputy Attorney General Kelly Donovan. 

The prosecution was assisted by Supervising Investigator Richard Doyle, Senior Investigator Sandra Migaj, and Investigator Christopher Bzduch of the Attorney General’s Investigations Bureau, which is led by Chief of Investigations  Dominick Zarrella. 

The investigation was led by New York State Police Senior Investigator Christopher Weber and Captain Steven A. Nigrelli. The Lackawanna Police Department, under the direction of Chief James L. Michel, also assisted with the investigation. 

NEW YORK – Attorney General Eric T. Schneiderman today announced agreements with St. John’s University, Dowling College and Five Towns College to amend their admissions policies and practices with respect to applicants’ prior contact with law enforcement. The agreements ensure that each school will refrain from inquiring about irrelevant information regarding contacts with the criminal justice system, including arrests that did not lead to conviction, sealed or expunged records, or pardoned records.  

“An arrest or police stop that did not result in a conviction, or a criminal record that was sealed or expunged, should not – indeed must not – be a standard question on a college application. Such a question can serve only to discourage New Yorkers from seeking a higher education,” Attorney General Schneiderman said. “To the contrary, we need to provide opportunities to everyone seeking to better their futures. My office will work to ensure that all applicants receive fair treatment when applying to a college, a university, or for a job.” 

St. John's University is a private, Roman Catholic, coeducational university located in New York City, with a current enrollment of more than 20,000 students. Dowling College is a private college with three campuses located on Long Island. Five Towns College is a for-profit institution located in Dix Hills, Long Island.

The Attorney General’s Civil Rights Bureau reviewed the application process used by private colleges and universities across New York State after receiving information from the Center for Community Alternatives about the St. John’s application. The review, initiated in December 2013, revealed that the St. John’s application required applicants to disclose every instance of having been “arrested or detained” and that Dowling and Five Towns  also required applicants to disclose information regarding arrests, even when those arrests did not result in convictions.  

The Attorney General’s review of colleges and universities revealed that the information solicited by the schools was overbroad and not relevant to an applicant’s fitness as a student because it did not indicate that the applicant had committed any crime. 

Such questions disproportionately disadvantaged African-American and Hispanic men, who are more likely than white men to be stopped, detained, and arrested by police for minor misconduct. Nationally, racial and ethnic disparities in stops, detentions, and arrest rates remain substantial. In 2009, African-American males were incarcerated in state and federal prisons at close to 6.5 times the rate of non-Hispanic white males, and Hispanic males at 2.4 times the rate of non-Hispanic whites. 

Disqualifying college applicants based solely on information regarding stops, detentions, or other contact with the criminal justice system is inconsistent with New York State law, which bars employers from categorically denying job opportunities to candidates on the basis of a criminal conviction, and inconsistent with the state’s public policy of encouraging the employment and licensure of individuals with criminal records.    

The agreements also ensure that admissions staff will be properly trained in how to inquire about and evaluate criminal convictions for relevancy. Going forward, each school will consider prior convictions only to the extent that they are relevant to public safety or some aspect of the institution’s academic program.   

The work on this issue continues Attorney General Schneiderman’s ongoing efforts to ensure that every New Yorker has the chance to earn a living and lead a productive life after paying a debt to society. These agreements are part of the Attorney General’s Civil Rights Bureau’s broader initiative to combat barriers to re-entry faced by individuals with prior contact with the criminal justice system. The Attorney General’s Civil Rights Bureau has worked to address barriers put in place by private employers (click here and here for more information about those cases), municipalities (click here), and consumer screening agencies (click here).

Patricia Warth, director of Justice Strategies at Center for Community Alternatives, said, “For many individuals adjusting to life outside of prison, access to higher education can be key to rehabilitation. College can provide those individuals with the skills and confidence they need to secure steady employment and stay out of the criminal justice system. The Attorney General’s agreements today are important in communicating that message to colleges and help underscore the role higher education can play in the lives of people with past convictions.”

Glenn E. Martin, president of JustLeadershipUSA and Co-Founder of the EIO Coalition, said, “Communities across the state should be looking for ways to encourage individuals with criminal histories to seek and obtain the resources they need to rehabilitate. Arbitrary barriers, such as asking applicants for irrelevant arrest information, will only discourage applicants. I commend the Attorney General for making it his priority to address barriers to reentry.”

This matter was handled by Assistant Attorneys General Sandra Pullman and Ajay Saini of the Attorney General’s Civil Rights Bureau, which is led by Kristen Clarke.  The Executive Deputy Attorney General for Social Justice is Alvin Bragg.

The Civil Rights Bureau of the Attorney General's Office is committed to promoting access to equal employment opportunities and combating discrimination for all New Yorkers. To file a civil rights complaint, contact the Attorney General’s Office at (212) 416-8250, civil.rights@ag.ny.gov or visitwww.ag.ny.gov.

NEW YORK – Attorney General Eric T. Schneiderman today announced an agreement that requires an unlicensed tenant relocator to cease all operations. The agreement was secured following an investigation that revealed Misidor LLC and its owner, Michel Pimienta, harassed rent-stabilized tenants living in three New York City buildings.  The investigation also revealed that Pimienta operated illegally in more than 60 rent-regulated buildings, mostly in Manhattan and Brooklyn, but also in the Bronx.   

“My office is committed to ensuring that no one — no matter how rich or well connected — stands above the law and that everyone plays by the same rules. We will continue to take action against those who use illegal tactics in attempting to force rent-regulated tenants out of their homes so they can raise rents,” Attorney General Schneiderman said. “This agreement will help ensure that lawful tenants are not harassed or pressured into giving up their homes by an unlicensed and unscrupulous tenant relocator.”

Tenant relocators are increasingly common in New York, and particularly in gentrifying areas in New York City where some landlords are seeking to reduce rent-regulated housing and increase rents. To operate legally, tenant relocators must have a real estate broker’s license. They are prohibited from harassing or in any way pressuring tenants into giving up their rent-regulated homes.

The Civil Rights Bureau opened an investigation into Pimienta and his company, which operated out of 174 Fifth Ave. in Manhattan, last year after receiving complaints from tenants and housing advocacy groups alleging that he was harassing rent-regulated tenants. The complaints came from multiple tenants residing in three buildings: two on Manhattan’s Lower East Side and one in Brooklyn’s Boerum Hill neighborhood.

The investigation found that Misidor and Pimienta engaged in unlicensed tenant relocation in more than 60 buildings in New York City. The investigation revealed that Misidor and Pimienta never obtained a real estate broker’s license, despite engaging in the tenant relocation business for more than a decade.  

The investigation found that Misidor had engaged in a pattern of tenant harassment, including:

• falsely accusing rent-regulated tenants of lease violations;
• pressuring tenants in buildings undergoing construction to accept buyout offers while continually representing that their living conditions were unsafe;
• making repeated and unwanted buyout offers to tenants who had clearly indicated they did not want to communicate with Misidor;
• following tenants to work and interrogating their colleagues without the tenants’ consent; and
• shouting at tenants and threatening them with eviction.

In addition to requiring immediate termination of all operations and unlawful tenant harassment, Attorney General Schneiderman’s agreement with Misidor bans the company from engaging in tenant relocation business for a year and requires Pimienta and his company to obtain a real estate broker’s license and approval from the Attorney General’s Office prior to resuming operations.  Misidor and Pimienta must also adopt new policies, implement new business practices, maintain detailed records relating to tenant relocation work, provide training to brokers and salespersons, and  report to the Attorney General’s Office for a three-year period if they go back into business.  Finally, the agreement requires Misidor, which had no employees other than Pimienta, to pay to the State of New York $40,000 in penalties, fees, and costs.

Brandon Kielbasa, lead organizer at the Cooper Square Committee, which organized tenants in multiple buildings targeted by Misidor, said, “Extreme turnover does not naturally occur in rent-regulated buildings.  Profit-hungry landlords need somebody on the ground turning tenants out to make it happen.  Misidor has stood out as one of the industry’s most aggressive operators.  We are very grateful to Attorney General Schneiderman for this investigation and the precedent it sets.”

Harvey Epstein, director of the Community Development Project at the Urban Justice Center,said, “This agreement demonstrates the New York State Attorney General’s continuing commitment to protecting tenants’ rights.  Tenant relocators and landlords must respect the basic human right of all New Yorkers to live peacefully in their homes.”

Mary Ellen Bizzarri, a special education teacher and former tenant of a rent-regulated apartment on the Lower East Side, said, “Amid heavy and dangerous construction that was causing significant stress to me and other tenants, Pimienta showed up on my doorstep, made it difficult to acquire a lease renewal, and tried to scare me into giving up my rent-stabilized apartment.  I have been a tenant in New York City for many years, and I am delighted that Attorney General Schneiderman is seeking to end harassment by illegal tenant relocators.” 

This agreement is part of the Attorney General’s ongoing initiative to combat harassment and discrimination faced by tenants in affordable housing units across New York State. The Attorney General’s Civil Rights Bureau has secured other agreements addressing tenant harassment in New York City. Click here for more information.

This matter is being handled by Assistant Attorney General Mayur Saxena and Volunteer Assistant Attorney General Matthew Lemle Amsterdam of the Attorney General’s Civil Rights Bureau, which is led by Bureau Chief Kristen Clarke. The Civil Rights Bureau is part of the Attorney General’s Social Justice Division.  The Executive Deputy Attorney General for Social Justice is Alvin Bragg. 

The Civil Rights Bureau of the Attorney General's Office is committed to protecting the rights of tenants throughout New York State.  To file a civil rights complaint, contact the Attorney General’s Office at (212) 416-8250, civil.rights@ag.ny.gov or visit www.ag.ny.gov.

WESTCHESTER -- State Attorney General Eric T. Schneiderman today announced that his office is launching a program, titled “Grandkids Against The Grandparent Scam,” to help prevent unsuspecting seniors from being victimized by this all-too common scam. The initiative, which includes a new and easy-to-read brochure, aims at empowering students to talk to their grandparents about the swindle. The program and brochure are being introduced at Ossining High School today.   

“My office will use every tool at our disposal to protect senior citizens from this scam – which is used by con artists and criminals to steal cash from unsuspecting seniors and which leaves them frightened about the welfare of their grandchildren,” Attorney General Schneiderman said. “This intergenerational program represents a new and innovative approach to giving our older adults the information they need to avoid becoming victims.”

The program provides high school students with specifics about how the so-called “grandparent scam” works and an informational brochure to share with their parents and grandparents. It will be introduced at Ossining High School by Attorney General Schneiderman’s statewide elder abuse coordinator, Gary Brown, who is speaking to four classes of seniors about this scam and will distribute the pamphlet and a script for students to better understand the scam. The Attorney General’s Office will make the brochure and script available to schools that request the materials, which are also available online.  

Among other tips, the brochure offers students a script to warn their grandparents about this dangerous scam: “When I go off to college, someone may call you and pretend to be me. The caller will say he’s in trouble and needs you to wire money fast. He’ll ask you to keep it a secret, and to not say anything to my parents.  This is a scam.  Don’t fall for it.”  

The swindle works like this: A senior receives an unexpected call from someone who claims to be their grandchild.  The caller says there is an emergency and asks the grandparent to wire money immediately. For example, the caller might say, "I’m in Canada and I’m trying to get home but my car broke down and I need money right away to get it fixed.” Or they may claim to have been mugged, or to have been in a car accident, or to have been arrested and need money for bail. The caller may also pose as an attorney or a law enforcement official contacting the grandparent on behalf of a grandchild.

Typically, the caller says he is embarrassed about what has happened to him, and asks the grandparent not to tell anyone else in the family.  If the grandparent questions why the caller doesn’t sound like their grandchild, the scammer will make up a reason such as “I’ve been sick with a cold” or “I broke my nose in the car accident.”

The scammers gather information about potential victims - - including the names of their grandchildren - - from a variety of sources including the Internet and lists that are sold on the black market. If the scammer doesn’t know the name of the grandchild he is impersonating, he may say “Hi grandma, it’s your favorite grandson,” hoping that she will reply, “David, is that you?” The scammer will then say “Yes!” Often these crooks call in the middle of the night to take advantage of the fact that the victim may not be alert enough to ask more questions, and that the victim may not want to disturb other family members by calling them to confirm the information. 

The grandparent scam tends to increase in frequency during school holiday breaks and during the summer, when it is especially believable that a grandchild would be travelling.Tips to protect against the grandparent scam:

• Be suspicious of anyone who calls unexpectedly asking you to wire money.
• Verify any supposed emergency, by calling friends and family, before wiring money.
• Develop a secret code or "password" with family members that can be used to verify a true emergency.
• Limit personal information, such as vacation plans, shared on social media sites.

The Federal Trade Commission recorded more than 40,000 incidents of grandparent scams from 2010 to 2013. The scam is widely considered to be underreported.

The initiative is being directed by Gary S. Brown, who is the Attorney General’s Statewide Elder Abuse Coordinator and also the Assistant Attorney General-in-Charge of the Westchester Regional Office.  Martin J. Mack is the Executive Deputy Attorney General for Regional Affairs.

NEW YORK—Attorney General Eric T. Schneiderman, and the Attorneys General of Connecticut and Vermont, announced today that they will challenge recently issued rules of the Nuclear Regulatory Commission (NRC) that govern the long-term storage of highly radioactive nuclear wastes on-site at the more than 100 reactors around the country, including the three Indian Point reactors in Westchester County, for 60 or more years after the reactors close.   

The coalition of attorneys general initiated a challenge to the rule, entitled “Continued Storage of Spent Nuclear Fuel,” in the U.S. Court of Appeals for the District of Columbia Circuit.  In its filing, Attorney General Schneiderman’s coalition argues that those rules, and the underlying environmental impact statement, do not comply with the National Environmental Policy Act (“NEPA”) and other requirements, and are inconsistent with earlier decisions by various federal courts concerning waste and accident issues.  

A copy of the petition is here.   

“In 2012, we won a landmark federal court ruling requiring NRC to perform a full and detailed assessment of the risks involved in the long-term, on-site storage of highly radioactive nuclear wastes at nuclear power plants,” Attorney General Schneiderman said.  “However, in responding to that ruling, the NRC has turned its responsibilities on their head -- focusing on issues that are unrelated to the risks posed to the environment, public health, and safety.  The NRC’s approach is wrong and illegal, and I will continue to fight to ensure that our communities receive the full and detailed accounting of the risks of long-term, on-site nuclear waste storage that they deserve.”   

The NRC’s Continued Storage of Spent Nuclear Fuel rule, and an environmental impact statement (EIS) for the rule, were finalized on September 19.  The rule and EIS are the NRC’s response to a June 2012 landmark victory by Attorney General Schneiderman in which the U.S. Court of Appeals for the District of Columbia Circuit ruled that federal law requires the NRC to complete review of the public health, safety, and environmental hazards that such storage would pose before allowing the long-term storage of nuclear waste in communities.  The appeals court found that the spent nuclear fuel stored on-site “poses a dangerous, long-term health and environmental risk.”  The Court invalidated an earlier regulation and remanded the matter back to NRC with a directive that the Commission fully comply with federal law.  

In its current challenge, the coalition asks the court to review the new rule and EIS, invalidate the NRC’s actions as inconsistent with federal regulations, and order the Commission to develop a remedy that fully complies with federal law. Today’s filing initiates the coalition’s challenge; the date by which the coalition will fully brief its challenge will be set by the court.

This matter was handled by Assistant Attorneys General Kathryn Deluca, Andrew Frank, Laura Heslin, John Sipos, and Monica Wagner of the Environmental Protection Bureau, with support from Bureau Chief Lemuel M. Srolovic, Executive Deputy Attorney General for Social Justice Alvin Bragg, and First Deputy for Affirmative Litigation Janet Sabel. 

NEW YORK – Attorney General Eric T. Schneiderman today announced felony charges against an Oswego County husband and wife accused of abusing power of attorney to steal from an 84-year-old woman in their care. David Tetro, Jr. and Morgan Tetro, both of Minetto, NY, allegedly stole over $200,000 of the victim’s money for their personal use, including over $100,000 in gambling debts, purchases at Victoria’s Secret and assorted transactions on iTunes, Ebay and Facebook. Both defendants are charged with Grand Larceny, as well as falsely claiming taxpayer-funded public benefits, and face up 20 years each in prison.   

The victim, Colonel (Ret.) Irene Dennison, spent nearly 25 years serving in the United States Air Force, retiring in 1982 as a full colonel. She was instrumental in helping to negotiate the 1973 release of Senator John McCain when he was a P.O.W. in Vietnam.

“Stealing from anyone is wrong; stealing from an elderly woman who served her country is abhorrent,” said Attorney General Schneiderman. “Today’s indictment sends the message that those seeking to abuse the trust of someone they care for will be caught and brought to justice.”

Ms. Dennison rented a house to David Tetro Jr. several years ago and came to trust both him and his wife. According to the indictment and statements made at arraignment, the defendants eventually became her primary care providers and had exclusive control over her affairs, including a power of attorney for almost three years.  As alleged, the Tetros spent approximately $200,000 of the victim’s money during that time on personal expenditures, including more than $140,000 in gambling losses at Turning Stone Casino in Verona, N.Y. and several thousand dollars more in casino-related travel expenses to purchases on Ebay and other e-commerce sites.

The alleged frauds were discovered when David Tetro applied to Oswego County for Medicaid benefits and the income he listed didn’t match his expenditures, particularly the gambling losses.

The indictment further accuses the Tetros of falsely obtaining thousands of dollars in welfare and Medicaid benefits while they were living off the stolen funds.  Both are charged with additional counts of Grand Larceny and Welfare Fraud. Additionally, Morgan Tetro faces two counts of Tax Fraud for allegedly failing to report the money stolen from the victim, thereby evading thousands of dollars in income tax liability.

The Attorney General’s office thanks New York State Police BCI Investigators Alex Kurilovitch, Andrew Reed, Benjamin Miller and Joseph Saarie, Oswego County Department of Social Services, the New York State Police Financial Crimes Unit and the New York State Department of Taxation and Finance for their assistance throughout the investigation.  

The case is being handled by Assistant Attorney General Benjamin Clark of the Criminal Enforcement and Financial Crimes Bureau.  The Criminal Enforcement and Financial Crimes Bureau is led by Bureau Chief Gary T. Fishman and Deputy Bureau Chiefs Stephanie Swenton and Meryl Lutsky.  The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.

The investigation was conducted by Investigator Samuel Scotellaro, III, with assistance from Investigators Joel Cordone and David Buske. The Investigations Division is led by Chief Investigator Dominick Zarrella.  Forensic audit work was performed by Associate Auditor Jason Blair. The Chief Auditor in the Forensic Audit Unit is Edward J. Keegan.  

The charges against the defendants are allegations and they are presumed innocent until proven guilty in a court of law.

NEW YORK – Two years ago, on October 29, 2012, Hurricane Sandy struck the Eastern seaboard with unprecedented strength and impact. Over 150 Americans lost their lives, including 53 in New York State, and millions were displaced.  The region suffered massive property damage – estimated at approximately $65 billion – to homes, buildings and infrastructure. Attorney General Eric T. Schneiderman today issued the following statement on this solemn anniversary:

“Two years ago today, Sandy slammed into our shores, wreaking havoc on our infrastructure and our communities. In the wake of this tragedy, people throughout the state, across the country and around the world came together to help however they could. Some helped neighbors to clean up, while others volunteered or donated to a charitable organization. Together, New Yorkers once again demonstrated tremendous resilience and our commitment build our state back even stronger than before.

“While federal, state and municipal programs have been the backbone of recovery efforts, the nonprofit sector played a critical role in the immediate aftermath of the storm and continues to be an important part of the long-term recovery. In light of the central role of charities in disaster relief and recovery, and the significant sums raised by charities from the public for Sandy relief, my office has been monitoring Hurricane Sandy charitable fundraising and spending to ensure that money raised for Sandy relief is used for Sandy relief.  We have also cracked down on price gougers, delivered back wages for recovery workers who were denied fair wages, funded housing counseling and legal services for homeowners who were at risk of foreclosure due to financial losses caused by Sandy, and intervened to ensure that Con Ed takes into account the risks of climate change in its planning for future storms. Our region has made significant progress, but too many of our neighbors are still struggling to get back on their feet. I will continue to use every tool at my disposal to fight for justice for every New Yorker.”

In the past two years, Attorney General Schneiderman has made several significant efforts to help New Yorkers overcome the challenges posed by Sandy. Among his achievements:

• Tracking more than $657 million in charitable giving after Sandy and issuing a second anniversary report on how those funds have been used;
• Intervening in a Public Service Commission proceeding on a proposed rate hike for Consolidated Edison and successfully advocating that the utility company be required to take into account the risks posed by climate change in its storm-hardening plans;
• Proposing legislation to require all electric and gas utilities in the state to ensure that the critical services they provide to millions of New Yorkers are properly protected from the impacts of climate change;
• Providing funding to counsel 1,500 homeowners on a range of Sandy-related home retention issues, including mortgage modifications and insurance problems;
• Obtaining more than $300,000 worth of penalties and costs from almost 50 gas stations that engaged in illegal price gouging after the storm;
• Securing more than $5.3 million for workers who were underpaid on Sandy recovery projects, including clean-up and utility repairs; 
• Cracking down on scammers who preyed on Long Island homeowners with fake notices that appeared to be from the state’s Department of Environmental Conservation in order to trick victims in to paying for unnecessary services;
• Intervening to prevent New Yorkers from being denied vital communications services in the post-Sandy rebuilding process.

Today, Attorney General Schneiderman issued a second anniversary report on the charitable response to Sandy. The report finds that charities raised more than $657 million for Sandy relief, and spent more than $601 million, or 91% of that amount, for Sandy relief. By comparison, in July 2013, the Attorney General’s office issued an interim report finding that six months after the storm, only 58% of the funds raised by responding organizations had been spent on Sandy relief. 

NEW YORK – Attorney General Eric T. Schneiderman issued the following statement on President Obama's nomination of Loretta Lynch, U.S. attorney for the Eastern District of New York, as United States Attorney General.

"I congratulate U.S. Attorney Loretta Lynch on receiving President Obama's nomination as United States Attorney General. I am proud of our work together to protect New Yorkers over the past four years, including our success in recovering millions of Medicaid dollars from unscrupulous actors. U.S. Attorney Lynch has time and time again demonstrated her commitment to ensuring there is one set of rules for everyone and to defending the principle of equal justice for all. I look forward to seeing her continue to uphold these most important tenets in her new position, and I urge the Senate to confirm her appointment as soon as possible."

NEW YORK - Attorney General Eric T. Schneiderman today issued a brochure offering tips to New Yorkers buying health insurance coverage for 2015. The pamphlet, titled “Shopping For Health Insurance Coverage,” is being released in advance of the New York State of Health Marketplace’s open enrollment period, which begins November 15. The Marketplace is the only official health insurance exchange for New York established under the Affordable Care Act (often referred to as Obamacare).

In anticipation of the upcoming open enrollment period, Attorney General Schneiderman, in particular, encourages consumers to confirm that their key health care providers participate in a plan before enrolling -- or that they are still participating in a plan before re-enrolling. 

“Take the time during the upcoming open enrollment period to evaluate available plans. I am urging you to do this even if you are happy with your current health plan because your plan, and other plans, may have changed,” Attorney General Schneiderman said. “I also strongly urge New York consumers not to rely solely on provider lists offered by insurance companies. Call the insurance company you are considering, as well as your providers, to confirm that they are in the plan’s network. Do this before you sign up. It’s a quick and easy way to protect your family’s health and your wallet.”   

The Attorney General’s brochure offers important information for all New Yorkers shopping for health insurance, whether they are considering purchasing health coverage for the first time, re-enrolling in their existing plan, or switching into a new health plan. The New York State of Health Marketplace first offered New Yorkers access to affordable health insurance coverage in 2014, and approximately 960,000 New Yorkers enrolled in the first year.

Open enrollment through New York State of Health begins on November 15, 2014, and New Yorkers seeking coverage effective January 1, 2015 must enroll by December 15.  Once open enrollment begins, you will be able to review all available health insurance plans, as well as determine what premium tax credits, or subsidies, you may be eligible for to reduce the cost of your monthly premiums. Take this opportunity to review all available plans. Prior to enrolling, take some time to: (1) identify your health needs for the upcoming year; (2) consider your budget; and (3) based on your identified health needs and budget priorities, compare the available plans to evaluate how they satisfy those needs.

The Attorney General’s Office encourages all New Yorkers shopping for health insurance to take the following steps when evaluating their health care providers:

1) Check and Confirm Your Provider’s Participation Status With the Insurance Company

• As a first step, check the list of participating providers made available by the health plan you’re considering.
  • Health plans typically make lists of their participating providers available on their websites, sometimes through a search tool. 
  • You can also search through the New York State of Health website if you are planning to enroll through the Marketplace.
• Next, if your providers are listed as participating, call the insurance company directly and ask a representative to confirm that your providers are participating in particular plans. 
• Keep in mind that health insurance companies often offer several different health plans, and the different plans may have different participating provider networks.  Make sure you’re searching and asking about the right plans.

2) Check With Your Providers

• Even if the insurance company confirms the provider’s participation in the plan, call your providers so they can confirm as well.  Do not just rely on information posted on the provider’s website, as it may not be current. 

3) Document All Searches and Conversations

• Document all online searches and calls, even if both the plan and provider confirm participation in the plan. 
• If you have conducted an online search of a provider directory, print or save the results of that search.
• If you speak with a health plan representative or provider, make sure to write down when you called, with whom you spoke, the providers discussed, and what you were told about each provider’s participation status.
• If a provider turns out to be incorrectly listed as participating, but you have taken these steps, you will be in a better position to obtain reimbursement for out-of-pocket expenses incurred as a result of the inaccurate listing and/or temporarily continue treatment with that provider.

If you encounter inaccurate provider listings once you are enrolled in a plan and cannot access needed care from that provider, contact the Health Care Bureau Helpline for assistance: 1-800-428-9071.

NEW YORK - Attorney General Eric T. Schneiderman today announced the conviction of Robert H. "Bob" Van Zandt, a Bronx-based tax preparer who pleaded guilty to operating a $4.8 million, multi-year Ponzi scheme. Van Zandt pleaded guilty to the 33-count indictment lodged against him, including two counts of Securities Fraud under the Martin Act (a Class E felony), 29 counts of Grand Larceny in the Second and Third Degrees (Class C and D felonies, respectively) and two counts of Scheme to Defraud in the First Degree (a Class E felony). Van Zandt pleaded guilty in Bronx County Supreme Court before the Honorable Justice Martin Marcus. In exchange for his plea, entered late yesterday afternoon, to the indictment, Justice Marcus agreed to sentence Van Zandt to 3 2/3 to 11 years in prison. 

Securities fraud is a serious crime which my office will prosecute to the fullest extent of the law," Attorney General Schneiderman said. “Mr. Van Zandt stole his victims’ life savings, forcing some of them to re-enter the workplace after their retirement and others to rely on government assistance to survive. The perpetrators of this and other Ponzi schemes will face justice.”

According to the indictment and statements made by prosecutors, Van Zandt ran the Van Zandt Agency, a well-known tax-preparation business in the Bronx, for decades. Starting in 2007, Van Zandt began accepting investments from tax preparation clients. In many cases, these investors handed over their entire life savings to Van Zandt. Van Zandt solicited money from unsuspecting clients, promising guaranteed rates of returns. Starting in approximately 2008, Van Zandt’s alleged investment opportunities turned into a purely Ponzi-style scheme. Van Zandt guaranteed high rates of return to new investors, promising to invest their money in lucrative securities, including real estate projects that were, in fact, impossible to build. This money was not invested as promised, but rather was used to pay previous investors or diverted for personal expenditures. This scheme fraudulently raised more than $4.8 million between 2008 and 2012 from the 29 investors named in the indictment.

Van Zandt abused his position as a manager of a tax preparations business to identify and lure new investors, targeting victims who had large amounts of money available, such as retirement funds, savings, inheritances or settlements. Van Zandt made materially false representations and failed to disclose material facts to his investors in order to induce them to make investments, which ranged from $25,000 to nearly $900,000.

The funds were deposited into accounts affiliated with the Van Zandt Agency or controlled by Van Zandt and then commingled and transferred between accounts as needed to pay investors, business expenses, and for Van Zandt’s personal use. Contrary to the promissory notes or shareholder agreements that Van Zandt gave to his victims, the funds were never legitimately invested. In particularly egregious cases, although Van Zandt promised that investment funds would be used to purchase government bonds or corporate securities, no such bonds or securities were ever purchased for the victims.

Van Zandt is set to be sentenced on January 5.   

The case stems from an investigation initiated by the Attorney General’s Investor Protection Bureau in 2010. A civil lawsuit, filed by the Investor Protection Bureau in 2012 against Van Zandt and other individual and corporate defendants, is still pending. The Attorney General's civil lawsuit seeks $35 million in restitution for over 250 investors defrauded in the scheme, including the 29 investors named in the criminal indictment. 

The case was a result of a joint investigation by the Attorney General's Office and the New York State Department of Financial Services (DFS).  DFS Investigator Robert Tarwacki of the Criminal Investigations Bureau provided invaluable assistance to the investigation. The director of the Criminal Investigations Bureau is Ricardo Velez.  Benjamin M. Lawsky is the superintendent of The New York State Department of Financial Services. The Attorney General thanked Superintendent Lawsky and his staff for their assistance in this investigation.

The Attorney General’s investigation was handled by Investigator Edward Ortiz, Supervising Investigator Luis Carter and Deputy Chief Investigator Vito Spano. The Investigations Bureau is led by Chief Dominick Zarrella.

This criminal case is being prosecuted by Assistant Attorneys General Joseph G. D'Arrigo and Lee Bergstein, of the Attorney General’s Criminal Enforcement and Financial Crimes Bureau, with the assistance of Legal Analysts Natasha Butalia and Bradley Rutty and Supervising Analyst Paul Strocko. The bureau is led by Bureau Chief Gary T. Fishman and Deputy Bureau Chiefs Stephanie Swenton and Meryl Lutsky. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.

The civil case is being handled by Assistant Attorney General R. Verle Johnson.  The Investor Protection Bureau is led by Bureau Chief Chad Johnson and Deputy Bureau Chief Katherine Milgram. The Division of Economic Justice is led by Executive Deputy Attorney General Karla G. Sanchez.

NEW YORK – Attorney General Eric T. Schneiderman today released the following statement in observance of Veterans Day. 

“On this Veterans Day, I know I speak for all Americans in expressing deep gratitude for the tremendous sacrifices made by our military and their loved ones. This nation owes a great debt to our veterans and to the men and women in uniform, who continue to defend our liberties today. As we pay tribute to their bravery, we must also recommit to ensuring that their sacrifice is honored by caring for them during their service and long after they have returned. From protecting military families from predatory lenders, to helping to ease their path to home ownership, we must continue to defend the rights of those who risk their lives to protect ours." 

ALBANY – As part of his Animal Protection Initiative, Attorney General Eric T. Schneiderman today announced that his office is offering guidance to local governments interested in drafting enforceable laws that will help curb animal abuse by so-called “puppy mills” and pet retail stores, and, ultimately, expand the standards for animal welfare in New York State. The Attorney General’s Office seeks to help local governments implement a new state law that, for the first time, provides a mechanism for municipalities and county governments to protect consumers by regulating retail pet dealers and the breeders that supply them with cats and dogs. 

Offering the assistance, Attorney General Schneiderman is sending letters to 1,034 municipal and local governments today informing them of the expanded powers available to them under the new state law to regulate animal welfare standards, and offering assistance drafting legislation that protects consumers and their pets.   

“The legal backup we are offering will aid local officials who are seeking to protect vulnerable animals from abuse, and assure that pets sold to New Yorkers are healthy and free from mistreatment,” Attorney General Schneiderman said. “New Yorkers value their pets as companions and are entitled to know that they came from sources that treated them in a safe and healthy manner. By working with municipalities, we will help ensure that New Yorkers can be confident that their cats and dogs are healthy when they purchase them and that they were raised in a safe place.”  

Puppy mills, a major concern for New Yorkers, are large-scale breeding operations where pets are raised in squalid conditions and frequently mistreated, leaving these animals susceptible to illness, hereditary defects and other health problems. Substandard conditions in these breeding operations contribute to overcrowding at our animal shelters, disease, exorbitant veterinary bills, and even falsified pedigree information. New Yorkers deserve to know that their cherished pets were not subjected to abuse. 

The Attorney General’s guidance is also focused on pet stores. Pet retailers are of concern because of substandard conditions at some stores, and because many pet stores get puppies and kittens from large-scale puppy mill operations – making retail stores the main link between unscrupulous puppy mill operations and consumers. The new law, passed in January, allows municipalities to strengthen what have been weak documentation requirements and disclosure requirements by retailers to consumers who are often unaware of this connection. The new state law ended a preemption that barred municipal and local governments from regulating pet dealers at the local level, and it allows them to impose tougher standards than the state imposes. 

In his letter, Attorney General Schneiderman highlighted several areas of regulation that are particularly important, including more stringent minimum standards of care for the housing, feeding, veterinary care, exercise, and sanitation of animals; strict documentation requirements to prevent consumers from being misled as to the source of their pets; and effective protections for consumers who unwittingly purchase an animal with undisclosed health problems.  

Under the new law, local governments may, among other rules, issue or require:  

• Permits for local pet dealers, allowing municipalities to more accurately monitor the conditions and regulate the sources of animals sold in their area;
• Inspection of pet sellers;
• Pet sellers, as well as for breeders or middlemen through which sellers acquire animals, to abide by more stringent minimum standards of care; 
• More stringent minimum standards of access to food and water, nutritional value, cleanliness, and feeding times; daily minimums for exercise and prohibitions on forced methods; veterinary care and recordkeeping;
• Delegation of enforcement to a local not-for-profit animal welfare organization;
• Consumer protection rules, including access to health and source information for animals; refunds, exchanges or veterinary care reimbursement for animals with undisclosed health issues.

The Attorney General’s assistance is aimed at helping local governments that want help writing enforceable legislation. By offering local governments the ability to draft legislation, the state law allows a tailored response to the needs of communities and puts enforcement in the hands of those with the ground-level knowledge and resources to best protect the welfare of our companion animals. The work of the Attorney General is aimed at giving New Yorkers the confidence of knowing that their state is at the forefront of efforts to protect animals from abuse.

Bill Ketzer, the ASPCA’s senior state director for the Northeastern Region,said, “The ASPCA worked tirelessly last year to enact state legislation that allows municipalities to regulate pet dealers. We are thrilled that the Office of the Attorney General is making animal abuse a priority and reaching out to assist localities that may wish to take advantage of the new law and regulate local businesses. Puppy mill puppies should not be sold in New York’s pet stores and local pet sellers and breeders need to be required to treat their animals more humanely. We look forward to working with the Attorney General and the localities themselves to ensure that new ordinances improve the lives of these many dogs.” 

Brian Shapiro, New York State director for The Humane Society of the United States,said, “Dogs and cats bred for the commercial pet trade are often raised in neglectful, substandard conditions and we encourage New York’s cities, towns and counties to pass legislation regulating pet dealers in their local communities. This is an opportunity to take advantage of the Attorney General’s offer to help draft sound, enforceable laws that protect our pets and consumers. We applaud Attorney General Schneiderman’s continued commitment to protecting the welfare of animals in New York State.” 

The initiative is being directed by Marty Mack, who is the Executive Deputy Attorney General for Regional Offices, with the assistance of Assistant Attorney General Richard Yorke of the Attorney General’s Nassau Regional Office.

A copy of the letter can be viewed here.

NEW YORK – Attorney General Eric Schneiderman today issued a consumer alert following recent reports of bogus tax debt collection scams. The New York State Taxpayer Rights Advocate has reported recent fraudulent activity by scammers posing as debt collectors seeking to settle alleged outstanding state tax debts. The scammers are pressuring consumers into sending payments via money order to satisfy debts that the consumers may not actually owe.

“Middle class families across New York State work hard to support their families and we don’t want them to get ripped off by scammers,” said Attorney General Schneiderman. “Consumers should be wary of any telephone solicitation asking them to send money and should always request appropriate documentation in writing.”

Attorney General Schneiderman has received a variety of complaints about tax-related consumer scams. This latest scheme involves scammers telling consumers they owe a tax debt to the state, which may not actually exist, and then promising to settle the alleged debt for a fraction of the cost that they claim is owed. Some of the calls have been reported as coming from the number 305-507-8505. 

Scammers are reportedly using high-pressure tactics to intimidate consumers into purchasing money orders to satisfy debts and then instructing them to call back for instructions on how to submit the payment. Both federal and state tax authorities send notifications in writing. Consumers should be wary of demands for tax payment via phone, especially if the caller suggests the use of a money order to remit payment.

Attorney General Schneiderman is urging New Yorkers to be vigilant consumers and to report instances of fraud to his office. Consumers who believe they have been victims of any tax scams are urged to file complaints by visiting the Office’s website www.ag.ny.gov or calling 1-800-771-7755.

In an effort to help New Yorkers avoid various tax-themed scams, the Attorney General’s Office offered the following tips:

• The IRS and legitimate government agencies never demand payment by phone;
• If you owe money, you will receive a legitimate notice in writing that identifies the agency and the reason you owe money;
• Do not give out personal information, including your Social Security number or bank account information, to telephone callers;
• Legitimate government organizations will never threaten arrest or deportation for failure to pay a debt.

Some additional websites with helpful information include:

Internal Revenue Service

New York State Taxpayer Rights Advocate

NYS Consumer Bill of Rights Regarding Tax Preparers

NYC Department of Consumer Affairs

PEARL RIVER – Attorney General Eric T. Schneiderman today announced that his office filed felony complaints against and arrested Jeanine Santiago, a medical doctor, and Wendy Potter, a registered nurse, on charges that they conspired for Potter to provide physician services to hundreds of Santiago’s elderly and infirm homebound patients. Filed in Dutchess County’s Town of Wappinger Justice Court, the court papers allege that Santiago gave Potter blank and pre-signed prescription slips issued in Santiago’s name and that Potter, in her sole discretion, filled out the prescriptions, including for powerful narcotics, and gave them to Santiago’s patients. Santiago is further charged with defrauding Medicare of more than $50,000 and Medicaid more than $1,000 by submitting claims for more expensive physician services which were in fact provided by a nurse. 

“Doctors making house calls is a noble practice. Doctors stealing money and allowing home-bound patients to be treated by an untrained and unlicensed assistant is not,” Attorney General Schneiderman said.  “There has to be one set of rules for everyone, particularly when the health and well-being of our elderly citizens is at stake and how our taxpayer dollars are spent.  My Office will hold accountable those who disregard such rules.” 

Santiago’s practice was located in Dutchess County, where she and Potter treated in excess of 300 patients, most of them elderly. From 2008 through 2013, Potter worked for Santiago treating patients in their homes. As part of the treatment rendered by Potter, she is accused of fraudulently issuing prescriptions for powerful narcotics, including morphine and oxycodone. 

The felony complaint charges Santiago, 52, of Wappinger, N.Y., with Grand Larceny in the Second Degree, a class C felony; Grand Larceny in the Fourth Degree, Offering a False Instrument for Filing in the First Degree, and Unauthorized Practice of a Profession, class E felonies. In a separate felony complaint, Wendy Potter, 50, of Fishkill, N.Y., is charged with Unauthorized Practice of a Profession. If convicted on the top counts, Santiago faces up to 5 to 15 years and Potter faces up to 1 1/3 to 4 years in state prison.

Judge Heather L. Kitchen of the Town of Wappinger Justice Court arraigned the defendants yesterday and set bail in the amount of $1,000 dollars cash or $2,000 bond for both defendants. 

The charges come after an 16 month joint investigation with the US Department of Health and Human Services, Office of Inspector General, and the New York State Police. The Attorney General thanked the New York State Department of Health, Bureau of Narcotic Enforcement for its assistance during the investigation.   

The investigation was conducted by Medicaid Fraud Control Unit (MFCU) Special Investigator Peter Olsen, along with Special Auditors/Investigators John Annunziata and Christopher Giacoia with the assistance of Supervising Investigator Peter Markiewicz, Deputy Chief Investigator Kenneth Morgan and Regional Chief Auditor John Regan.  

The criminal case is being prosecuted by Special Assistant Attorney General Susan Bloom with the assistance of Regional Director Anne Jardine. Thomas O’Hanlon is MFCU’s Chief of Criminal Investigations – Downstate.  MFCU is led by Acting Director Amy Held.  The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan. 

The charges in the criminal complaints are accusations and the defendants are presumed innocent until and unless proven guilty in a court of law.

NEW YORK – Attorney General Eric T. Schneiderman today announced an agreement with the Finger Lakes Health network of hospitals and healthcare facilities to strengthen its policies concerning communication with patients and their family members or companions who are deaf or hard of hearing.  The agreement will expand access to sign-language interpreters, as needed, and improve policies and training to ensure that medical staff members are able to effectively communicate with the deaf and hard of hearing.  

“Access to healthcare should be available to every New Yorker, regardless of a disability,” Attorney General Schneiderman said. “My office is committed to ensuring that hospitals and other healthcare facilities provide effective communication, as required by law, so that people can understand what their doctors are telling them, and so they get the healthcare they need and deserve.”

In cooperation with the Attorney General’s Office, Finger Lakes Health agreed to improve its policies to ensure that doctors, nurses, and other staff communicate effectively with individuals who are deaf or hard of hearing.  Finger Lakes Health has agreed to expand access to communication aids and services, including qualified sign-language interpreters, to patients and their companions as required by law; strengthen its policies and training protocols for evaluating and meeting the needs of individuals who are deaf or hard of hearing; and improve its procedures for recordkeeping and investigation of complaints.

According to U.S. Census estimates, more than 700,000 New Yorkers are either deaf or have serious difficulty hearing, including more than 60,000 residents of the Finger Lakes region.  

The Finger Lakes Health network includes two hospitals, two surgery centers, and eight other healthcare facilities, including nursing homes, located across the Finger Lakes region of New York.  The region is home to large deaf and hard-of-hearing populations.  The Rochester metro area is home to the National Technical Institute for the Deaf and has the largest per capita working-age deaf population in the nation.  In addition, hearing loss is one of the most common conditions affecting elderly individuals, and the Finger Lakes region is home to a substantial population of seniors.  

Michael Schwartz, associate professor at the Syracuse University College of Law and director of the Disability Rights Clinic, said, “Deaf and hard-of-hearing people are entitled to effective communication under state and federal laws, and all places of public accommodation, including hospitals, clinics, and medical offices, must provide sign-language interpreters if needed to ensure effective communication.  With this agreement, Finger Lakes Health recognizes its obligation under our laws to accommodate members of the deaf and hard-of-hearing community who need access to its services.  Attorney General Eric Schneiderman is to be applauded for securing an agreement that promotes equal access for patients and their companions.”

Matthew Starr, a board member at Partners in Deaf Health which organizes the Finger Lakes Deaf Health Fair and other events promoting access to healthcare for deaf New Yorkers, said, “When communication barriers in healthcare settings are removed, members of the deaf community can decide on healthcare treatment options in a more equitable and timely manner. This agreement, along with efforts to educate and advocate for communications accessibility, helps to ensure that deaf patients do not forego meeting their immediate health needs due to communication barriers.”

This matter is being handled by Assistant Attorneys General Mayur Saxena, Ajay Saini, and Anjana Samant of the Attorney General’s Civil Rights Bureau, which is led by Bureau Chief Kristen Clarke.  

The Civil Rights Bureau is part of the Attorney General’s Social Justice Division.  The Executive Deputy Attorney General for Social Justice is Alvin Bragg.The Civil Rights Bureau of the Attorney General’s Office is committed to protecting the rights of individuals with disabilities throughout New York State.  To file a civil rights complaint, contact the Attorney General’s Office at (212) 416-8250, civil.rights@ag.ny.gov or visit www.ag.ny.gov.

ALBANY- Attorney General Eric T. Schneiderman today issued a consumer alert offering tips for New Yorkers to avoid falling victim to unscrupulous snow removal contractors as winter approaches. By following several basic tips when hiring a contractor, consumers can help ensure quality work and avoid falling victim to scams.

“Snow removal is an essential part of everyday life for many New Yorkers during the winter months, and taking basic precautions now can help ensure quality work and avoid problems later,” said Attorney General Schneiderman.“As snow begins to fall, consumers should ask important questions of snow removal contractors to ensure they’re getting a quality service from a reputable provider.”

The Attorney General's office recognizes that most snowplowing and snow removal service owners and operators are honest, but consumers should ask questions to avoid potential problems. Consumers should take the following precautions when hiring contractors for snow removal to help protect themselves from fraud:

• Obtain several quotes for snow plowing services. This will give consumers a good sense of the range of prices currently being offered. 
• Don't accept a quote simply because it's the lowest.  If a quote is very low, the contractor may run out of money before the winter season is over or the contractor may not have money to pay for repairs when a vehicle breaks down.  
• Use a contractor that has been in business for a few years or that comes recommended by friends and neighbors.  The winter season brings out many people who decide to get into the snowplowing business.  New businesses may have the best of intentions, but may not have the necessary experience. 
• Check to see if your local government requires snow plow contractors to be licensed. If so, use a contractor who is licensed. 
• Use a contractor who is insured and has proof of insurance. 
• Check for complaints with the Better Business Bureau: www.bbb.org. 
• Pay one half of the contract at the beginning of the season, and one half at the end to help ensure that services promised will be provided. 
• Pay by check so you have proof of payment. 
• Get a signed contract that has the name, address (do not accept a post office box) and telephone number of the snowplow operator.  The contract should spell out how much snow must fall before the operator is required to plow your driveway.
• Obtain proof of identity of the contractor.  Ask to see the contractor’s driver's license and copy down the address and identification number. 
• Copy down the license plate number of the vehicle that plows your driveway. 
• If you have special requirements, spell it out in the contract (for example, if you are an emergency responder who must have your driveway plowed by 7:00 a.m. to get to work, make sure it is in the contract). 

If consumers feel they have been victimized, they are urged to contact the Attorney General's Consumer Helpline: (800) 771-7755.

BUFFALO – Attorney General Eric T. Schneiderman today issued a consumer alert warning both consumers and businesses about price gouging during major weather events. Today, a state of emergency was declared in the towns of Lancaster, Orchard Park, and West Seneca. Heavy snowfall has occurred throughout the greater Buffalo and Western New York region. General Business Law prohibits excessive increases in prices of essential items like food, water, gas, generators, batteries, and flashlights, and services like transportation, during natural disasters or other events that disrupt the market. 

“The law is clear when it comes to price gouging during emergency weather events, and our office will have zero tolerance for price gouging,” said Attorney General Schneiderman. “Consumers should report instances of price gouging to our office and businesses should understand that the law prohibits capitalizing on weather events to inflate prices.”

New York State’s Price Gouging Law (General Business Law § 396-r) prohibits merchants from taking unfair advantage of consumers by selling goods or services for an “unconscionably excessive price” during an “abnormal disruption of the market.” The price gouging law covers New York State vendors, retailers and suppliers, including but not limited to supermarkets, gas stations, hardware stores, bodegas, delis, and taxi and livery cab drivers. 

Attorney General Schneiderman urged New Yorkers to call his office at 800-771-7755 or log on to his office’s website, www.ag.ny.gov, to file a complaint if they believe price gouging has occurred. 

New York's price gouging law takes effect only upon the occurrence of triggering events that cause an “abnormal disruption of the market.” An “abnormal disruption of the market” is defined as “any change in the market, whether actual or imminently threatened,” that results from triggering events such as “weather events, power failures, strikes, civil disorder, war, military action, national or local emergency, or other causes.” During an abnormal disruption of the market like a major weather event, all parties within the chain of distribution for any essential consumer goods or services are prohibited from charging unconscionably excessive prices. “Consumer goods” are defined by the statute as “those used, bought or rendered primarily for personal, family or household purposes.” For example, gasoline, which is vital to the health, safety and welfare of consumers, is a “consumer good” under the terms of the statute. Therefore, retailers may not charge unconscionably excessive prices for gasoline during an abnormal disruption of the market.

New York's price gouging law does not specifically define what constitutes an “unconscionably excessive price.” However, the statute provides that a price may be unconscionably excessive” if: the amount charged represents a gross disparity between the price of the goods or services which were the subject of the transaction and their value measured by the price at which such consumer goods or services were sold or offered for sale by the defendant in the usual course of business immediately prior to the onset of the abnormal disruption of the market. 

ALBANY – Attorney General Eric T. Schneiderman today announced the filing of a lawsuit against a Cortland County property owner for allegedly causing the flooding of a cemetery and State Route 281.  The Attorney General’s suit alleges that James C. Stevens, III of Cortlandville undertook excavation activities on his property that diverted stormwater onto St. Mary’s Cemetery and New York State Route 281 in violation of state environmental and public nuisance laws.  Stevens has not corrected these violations, even though cemetery flooding has allegedly desecrated grave sites, and necessitated the disinterment and reburial of several bodies. The suit was filed in the New York Supreme Court in Cortland County and the filing can be found here.

“New York’s environmental laws not only serve to protect our health and environment, they also provide safeguards against public nuisances,” said Attorney General Schneiderman. “Nobody is above the law, and our office is committed to holding people accountable when their actions harm other New Yorkers.”

Attorney General Schneiderman’s suit alleges that, in undertaking clearing, grading, and other construction activities on his Ridgeway Avenue property beginning around July 2012, Stevens altered the direction of stormwater runoff.  As a result, stormwater from 120 acres of land that had previously drained into a wooded area without causing harm has been redirected through a series of conveyances and ultimately downslope onto cemetery burial plots and other nearby properties, including State Route 281.   

The complaint charges that Stevens’ activities violate several state environmental laws, including by releasing unpermitted discharge of stormwater from construction activity and failing to implement a stormwater pollution prevention plan.  The suit also charges that his illegal activities, having allegedly injured the property, health, safety or comfort of a considerable number of persons– particularly with respect to the flooding of St. Mary’s Cemetery and State Route 281 – constitute a public nuisance under state law.  

The complaint cites reports of the Catholic Cemeteries of the Roman Catholic Diocese of Syracuse, which owns St. Mary’s Cemetery, that several families have been forced to disinter and rebury bodies of their loved ones due to significant erosion caused by Stevens’ alleged illegal stormwater discharges.  The Diocese also reports that the discharges have transported sediment, gravel, and dirt from the Stevens’ property and caused significant soil erosion on cemetery property.  On multiple dates, the discharges have reportedly desecrated grave sites at St. Mary’s by covering them with debris and by eroding them.  

In addition to the impacts at the cemetery, the complaint alleges that illegal stormwater discharges have on multiple dates caused runoff to flow downslope onto Route 281 where it has overwhelmed the stormwater collection system, flooded the road, and threatened public safety.

According to the complaint, since July 2013, the New York State Department of Environmental Conservation (DEC) has informed Stevens of the violations of state environmental law and sought his cooperation in correcting them.  However, Stevens has not corrected the violations and his illegal discharges allegedly continue.  

In the suit, Attorney General Schneiderman asks the court to require Steven to take several actions, including to:

• immediately cease violation of State environmental laws; 
• immediately abate the public nuisance he has created; 
• mitigate and remediate the harm from the violations, as directed by DEC; and 
• to pay civil penalties, as determined by the court;

Attorney General Schneiderman thanks the DEC for its assistance in this matter.

This case is being handled by Assistant Attorneys General Joseph M. Kowalczyk and Michael J. Myers, and Environmental Scientists Mauricio Roma and Charles Silver, with support from Environmental Protection Bureau Chief Lemuel M. Srolovic, Executive Deputy Attorney General for Social Justice Alvin Bragg and First Deputy for Affirmative Litigation Janet Sabel.  DEC Region 7 Regional Attorney Joseph Sluzar and Environmental Program Specialist Scott Cook assisted in the case.

NEW YORK – Attorney General Eric T. Schneiderman today announced four settlements with a landlord and three developers who received lucrative tax incentives from New York City under the state’s “421-a” program, which is aimed at encouraging development, but who failed to comply with the program’s prevailing wage and rent-stabilization requirements. The settlements return more than $460,ooo in unpaid wages to about a dozen building workers at two buildings. They require that nearly two dozen apartments in four buildings be added to the state’s rent regulation registry. They also provide more than $150,000 in restitution to New York City. 

“Tax breaks offered to developers and landlords are not freebies. They come with legal obligations to New York taxpayers – ones that developers and landlords agree to abide by when they accept the tax incentives,” Attorney General Schneiderman said. “My office is dedicated to ensuring that everyone plays by the rules. In this case that means holding accountable those who accept lucrative tax exemptions and then ignore their responsibilities, including paying required wages to building service employees and providing rent-stabilized leases to New York families.”

These agreements are the first to come out of an ongoing investigation by the Attorney General’s Office into property developers and landlords who accept the incentives but fail to live up to legal requirements mandated by the program. Tax dollars recovered from the investigation will go to New York City’s newly established “Affordable Housing – AG Settlement Fund,” and be used by the city’s Department of Housing Preservation & Development to fund housing developments for low income families. New York State enacted Section 421-a of the Real Property Tax Law to spur housing development and affordable housing. 

New York City Mayor Bill de Blasio said, “We need to get the most out of every dollar we spend, and it is vital that the people with whom we do business treat their workers fairly and deliver the affordable housing they promise. We won’t stand for anything less. We are deeply grateful to Attorney General Schneiderman for recouping back wages and protecting the affordability of dozens of apartments. We look forward to working together to build and preserve more affordable housing in every community."

New York City Department of Housing Preservation and Development Commissioner Vicki Been said, “I thank the Attorney General for his work and partnership on this issue. These property owners are receiving a public benefit and should be held accountable for complying with the program’s legal requirements. This settlement will ensure that building staff are properly paid and tenants receive the rent stabilization rights to which they are entitled. In addition, the money recovered will help fund affordable housing for low-income New Yorkers."

The four settlements announced today include:

• A $500,000 settlement with 150 Fourth Ave, LLC, which owns a 95-unit luxury condominium, The Arias, located at 150-158 Fourth Avenue, in Park Slope, Brooklyn. 

Of the total settlement, $454,082 will go to about a dozen workers, including doormen and porters, to cover wage underpayments. The service workers are owed wages for work in which they were paid $8.50 to $11 an hour, far below the applicable prevailing wage rate, which started at over $16 per hour for a new employee. In addition during the time period in question, the workers did not receive benefits or paid vacation or sick time as required under the prevailing wage law.  

The owners paid an additional $45,918 in restitution to the city fund for the tax benefits they received while they were out of compliance, between November 2010 and February 2014. In order to take a tax exemption under the 421-a program, buildings with more than fifty units are required to pay the prevailing wage rate to building service employees, or rent at least half of the building’s units at affordable rates. The Arias failed to offer affordable housing units and failed to pay prevailing wages. The prevailing wage is a rate higher than the minimum wage. It is set annually and required to be paid on certain government-related projects.

• A second settlement, with Tuhsur Development, LLC, in Queens, returns nearly $10,000 to three building service workers for prevailing wages they were not paid by the 63-36 99th Street building beginning in June 2011. The developer also paid $90,000 in restitution to the fund. The developer will further provide leases to three families living in the Rego Park building, who were renting without being offered the required leases from April of 2012 to July 2014.  

Two additional agreements were reached with developers who took 421-a incentives and rented apartments in three buildings, but failed to provide tenants with rent stabilized leases, which offer affordability and security to tenants, as required under the 421-a program:

• On Staten Island: Montgomery Development Associates, LLC, will now provide rent regulated leases to families living in the 30-38 Montgomery Avenue building’s 11 units, and has paid $5,500 to the city fund. The developer of “Montgomery Gardens” began renting units in July 2011 but failed to register them as rent regulated units; 
• In Queens: B & S Management, LLC, will provide rent regulated leases to eight families in two buildings located at 138-06 35th Avenue, in Flushing. The company began renting apartments in the 8-unit complex in July 2010 but failed to register those apartments under the program. The company has paid $10,000 in restitution to the city fund. 

Rent regulated units must be registered with the New York State Division of Housing and Community Renewal.

32BJ SEIU President Héctor Figueroa said, “These settlements should send a message to other 421-a buildings that there are consequences if you don’t follow the law and pay the prevailing wage. We urge developers that are not in compliance to start paying the prevailing wage immediately. This will improve the lives of hundreds of New York residential workers and their families.” 

Jose Casillas, a  46-year-old Queens father of three and concierge at The Arias who is among the workers who will be receiving back wages, said, “Getting this back pay will make a big difference for me and my family, especially paying for my daughter’s college tuition. The situation in our building has gotten much better in the last few months since we got our union contract and saw our pay go up to prevailing wage.”

A copy of the settlement agreements are available [here, here, here and here]. 

The Attorney General thanks the city’s Department of Housing Preservation & Development, the New York State Division of Housing and Community Renewal and the Service Employees International Union 32BJ for their assistance in the investigation.   

The investigation is being handled by Assistant Attorneys General Kevin Lynch, Section Chief Seth Kupferberg, Bureau Chief Terri Gerstein, all of the Attorney General’s Labor Bureau, and Executive Deputy Attorney General for Social Justice, Alvin Bragg.  The investigation is also being handled by Assistant Attorneys General Elissa Rossi and Nicholas J. Minella, Special Counsel Jeffrey R. Rendin, Deputy Bureau Chief Andrew Meier, Bureau Chief Erica F. Buckley, of the Attorney General’s Real Estate Finance Bureau, and Executive Deputy Attorney for Economic Justice General Karla G. Sanchez.