Friday, February 10, 2012

Eric Schneiderman's Opinion may be obtained for free. Now wonder

that Andrew Cuomo's Catholic Contraception of  Nassau County OTB Bettors by his closure of Nassau OTB on days that he might be in Church has gone unchallenged. Won't someday with standing obtain Attorney General Eric Schneiderman's FREE OPINION. Let's bet that NY PML Sec 105 goes to hell (eg unconstitutional) while Andrew Cuomo is free to go to Church on any day while we are free to bet at Nassau OTB on any day of the year.

 

Nassau GOP lawmakers OK $2M in legal deals

Sen. Dean G. Skelos, R-Rockville Centre, speaks with
Photo credit: AP | Sen. Dean G. Skelos, R-Rockville Centre, speaks with reporters at the Capitol in Albany, N.Y. (June 23, 2011)
Nassau Republican lawmakers have approved more than $2 million in outside legal contracts to law firms associated with political figures including Republican State Senate Majority Leader Dean Skelos and Nassau GOP chairman Joseph Mondello.
The firms include Bartlett, McDonough & Monaghan, where Nassau University Medical Center Chairman Craig Rizzo is a partner; Rivkin Radler, the former law firm of County Executive Edward Mangano; Cuomo LLC, the law firm of Matthew Cuomo, a cousin of Democratic Gov. Andrew M. Cuomo, and Albanese & Albanese, where former County Executive Thomas Gulotta is special counsel.
The GOP-controlled Rules Committee on Monday voted 4-3 along party lines to authorize four new contracts and extend 12 existing agreements for a total of $2.15 million.
But Legis. Wayne Wink (D-Roslyn) complained that Republicans were trying to "short-circuit" an ongoing audit of Nassau's contracting procedures.
State Comptroller Thomas DiNapoli began the audit this month at the request of the Nassau Interim Finance Authority, which took control of the county's finances a year ago.
Republicans "want to push as much through as they possibly can," Wink said after the meeting. "If the audit comes down and says their procedures were flawed, it's like 'Whoops.' In the meantime, they're getting more than $2 million of contracts through."
Presiding Officer Peter Schmitt (R-Massapequa) dismissed the complaint. "Why don't we just stop the business of government and wait for the state comptroller?" he asked at the meeting.
DiNapoli spokeswoman Kate Gurnett echoed Schmitt: "We don't expect ongoing governmental operations to stop when we do audits, and we will not be 'ruling' on individual contracts themselves," she said in a statement this week. "Rather, we will . . . [assess] overall contracting and procurement systems."
County Attorney John Ciampoli told lawmakers the money for the contracts was included in a $6.8 million budget transfer they approved in December to pay for outside contracts, or is part of $2.8 million budgeted this year. The $6.8 million transfer for already-completed legal work prompted NIFA's request for DiNapoli's audit.
"These contracts are going to their friends -- that's always been a bone of contention of ours," said Michael Florio, spokesman for legislative Democrats. Asked about the contract for Matthew Cuomo's firm, Florio said, "We're opposed to all outside contracts."
Ciampoli said he hires firms based on their skill and experience, not political connections. They are paid discounted rates and work with his deputy attorneys to provide expertise not available on staff, he said.
"This is a county with a $2.6 billion budget and people are arguing about spending between $2 and $7 million to prevent hundreds of millions of dollars in liability to the county," Ciampoli said.
Some of the contracts approved Monday have already been completed, such as work by the law firm of attorney Peter Bee on an election dispute, as well as Rivkin Radler's representation related to the NIFA takeover.
Two contracts are extensions and do not increase the amount, including a $250,000 contract for the firm of Berkman, Henoch, Peterson, Peddy & Fenchel, where Mondello is of counsel.




Dear Attorney General Eric Schneiderman:

The Bettors of the State of New York and the employees of the remaining OTBs, public benefit corporations, have no standing to ask for your Opinion to the following simple questions with seemingly obvious answers::


1. Will the Attorney General defend the constitutionality of NY PML Sec 105?
2. Does NY PML Sec 105 apply to Nassau OTB?
3. Does NY PML Sec 105 violate the rights of New York Bettors secured by NY Const. Art. 1, Sec. 3?
4. Is NY PML Sec 105 vague, indefinite and/or overly broad as the term "Easter Sunday" does not define one and only one Sunday in all years (see eg Gregorian and Julian Calendars)?

I hope that you will sua sponte issue an Opinion as to the above so that bettors may bet, workers may work or not as they wish, and the State and its subdivisions make money. There are tracks running all across the United States every day of the year that bettors want to bet. Track calendars may be found at eg www.ntra.com. The OTBs also sell New York Lottery tickets which are drawn every day of the year. The OTBs also cash non IRS Lottery tickets in cash for any sum, a convenience for many Lotto Players.

It is critical in these current time that the OTBs are open when customers want to bet. I believe that your Opinion will belatedly validate the actions of New York City OTB taken on the advice of its Counsel in 2003.


Sincerely yours,



January 5, 2012

Open On 1st Palm Sunday, Otb Rakes In $2m - New York Daily News
articles.nydailynews.com/.../18220335_1_racing-and-wagering-boar...
Open On 1st Palm Sunday, Otb Rakes In $2m. BY JERRY BOSSERT DAILY NEWS SPORTS WRITER. Monday, April 14, 2003. New York City Off-Track Betting ...

§ 105. Supplementary regulatory powers of the board. Notwithstanding
any inconsistent provision of law, the board through its rules and
regulations or in allotting dates for racing or in licensing race
meetings at which pari-mutuel betting is permitted shall be empowered
to: (i) permit racing at which pari-mutuel betting is conducted on any
or all dates from the first day of January through the thirty-first day
of December, inclusive of Sundays but exclusive of December twenty-fifth
and Palm Sunday and Easter Sunday; and (ii) fix minimum and maximume
charges for admission at any race meeting.

Nassau GOP lawmakers OK $2M in legal deals

Sen. Dean G. Skelos, R-Rockville Centre, speaks with
Photo credit: AP | Sen. Dean G. Skelos, R-Rockville Centre, speaks with reporters at the Capitol in Albany, N.Y. (June 23, 2011)
Nassau Republican lawmakers have approved more than $2 million in outside legal contracts to law firms associated with political figures including Republican State Senate Majority Leader Dean Skelos and Nassau GOP chairman Joseph Mondello.
The firms include Bartlett, McDonough & Monaghan, where Nassau University Medical Center Chairman Craig Rizzo is a partner; Rivkin Radler, the former law firm of County Executive Edward Mangano; Cuomo LLC, the law firm of Matthew Cuomo, a cousin of Democratic Gov. Andrew M. Cuomo, and Albanese & Albanese, where former County Executive Thomas Gulotta is special counsel.
The GOP-controlled Rules Committee on Monday voted 4-3 along party lines to authorize four new contracts and extend 12 existing agreements for a total of $2.15 million.
But Legis. Wayne Wink (D-Roslyn) complained that Republicans were trying to "short-circuit" an ongoing audit of Nassau's contracting procedures.
State Comptroller Thomas DiNapoli began the audit this month at the request of the Nassau Interim Finance Authority, which took control of the county's finances a year ago.
Republicans "want to push as much through as they possibly can," Wink said after the meeting. "If the audit comes down and says their procedures were flawed, it's like 'Whoops.' In the meantime, they're getting more than $2 million of contracts through."
Presiding Officer Peter Schmitt (R-Massapequa) dismissed the complaint. "Why don't we just stop the business of government and wait for the state comptroller?" he asked at the meeting.
DiNapoli spokeswoman Kate Gurnett echoed Schmitt: "We don't expect ongoing governmental operations to stop when we do audits, and we will not be 'ruling' on individual contracts themselves," she said in a statement this week. "Rather, we will . . . [assess] overall contracting and procurement systems."
County Attorney John Ciampoli told lawmakers the money for the contracts was included in a $6.8 million budget transfer they approved in December to pay for outside contracts, or is part of $2.8 million budgeted this year. The $6.8 million transfer for already-completed legal work prompted NIFA's request for DiNapoli's audit.
"These contracts are going to their friends -- that's always been a bone of contention of ours," said Michael Florio, spokesman for legislative Democrats. Asked about the contract for Matthew Cuomo's firm, Florio said, "We're opposed to all outside contracts."
Ciampoli said he hires firms based on their skill and experience, not political connections. They are paid discounted rates and work with his deputy attorneys to provide expertise not available on staff, he said.
"This is a county with a $2.6 billion budget and people are arguing about spending between $2 and $7 million to prevent hundreds of millions of dollars in liability to the county," Ciampoli said.
Some of the contracts approved Monday have already been completed, such as work by the law firm of attorney Peter Bee on an election dispute, as well as Rivkin Radler's representation related to the NIFA takeover.
Two contracts are extensions and do not increase the amount, including a $250,000 contract for the firm of Berkman, Henoch, Peterson, Peddy & Fenchel, where Mondello is of counsel.

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