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What Are You Going to Do About It? Ethics and Corruption Issues in The
What Are You Going to Do About It? Ethics and Corruption Issues in the New York State Constitution By Bennett Liebman Government Lawyer in Residence “What Are You Going to Do About It?” Ethics and Corruption Issues in the New York State Constitution By Bennett Liebman Government Lawyer in Residence Government Law Center Albany Law School Edited by Andrew Ayers and Michele Monforte April 2017 Cover image: “The Prevailing Candidate, or the Election carried by Bribery and the Devil,” attributed to William Hogarth, circa 1722. It depicts a candidate for office (with a devil hovering above him) slipping a purse into a voter’s pocket, while the voter’s wife, standing in the doorway, listens to a clergyman who assures her that bribery is no sin. Two boys point to the transaction, condemning it. Image courtesy of the N.Y. Public Library. Explanation of the image is drawn from the Yale Library; see http://images.library.yale.edu/walpoleweb/oneitem.asp?imageId= lwlpr22449. CONTENTS I. Introduction ....................................................................... 3 II. Ethics Provisions in the State Constitution ........ 5 A. Extant Ethics Provisions in the Constitution .............. 5 B. Banking and Ethics ....................................................... 6 C. The Canal System and Ethics ..................................... 11 D. Bribery and Ethics....................................................... 15 E. Free Passes, Rebates, and Ethics ............................... 23 III. Restrictions on the Authority of the State Legislature -
2012 Canvass Book
MONROE COUNTY BOARD OF ELECTIONS 39 WEST MAIN STREET ROCHESTER, NEW YORK 14614 (585) 753-1550 TTD# 753-1544 PETER M. QUINN THOMAS F. FERRARESE COMMISSIONER COMMISSIONER DOUGLAS E. FRENCH COLLEEN ANDERSON DEPUTY COMMISSIONER DEPUTY COMMISSIONER OFFICIAL CANVASS OF THE BOARD OF CANVASSERS OF THE COUNTY OF MONROE www.monroecounty.gov/elections IN RELATION TO THE VOTES GIVEN AT THE VILLAGE ELECTIONS HELD ON THE TWENTIETH DAY OF MARCH, AND THE NINETEENTH DAY OF JUNE, THE PRESIDENTIAL PRIMARY ELECTION HELD ON THE TWENTY FOURTH DAY OF APRIL, THE FEDERAL PRIMARY ELECTION HELD ON THE TWENTY SIXTH DAY OF JUNE, THE STATE AND LOCAL PRIMARY ELECTION HELD ON THE THIRTEENTH DAY OF SEPTEMBER AND THE GENERAL ELECTION HELD IN SAID COUNTY ON THE SIXTH DAY OF NOVEMBER 2012 We, Peter M. Quinn and Thomas F. Ferrarese, Board of Elections of the County of Monroe, having canvassed the votes cast at the following elections, do hereby certify that the candidates listed below received the votes set opposite their names: CANVASS OF VILLAGE ELECTION RESULTS March 20, 2012 SCOTTSVILLE VILLAGE TRUSTEE – 4 YEAR TERM Traditional Village, Richard W. Clark ....................................................................................... 20 Votes Working For Scottsville, James M. Clark .................................................................................. 21 Votes June 19, 2012 BROCKPORT VILLAGE TRUSTEE Revitalize Brockport, Margay Blackman ................................................................................. 571 Votes Revitalize Brockport, -
Cunymatters LG 3/04
SpecialLEGISLATIVE Edition cuny.edu/news • C ITY U NIVERSITY OF N EW Y ORK FOUNDED 1847 • Spring 2004 SPOTLIGHT on ALUMNI Legislators New Program Offers Politics 101 any CUNY tephanie Rosario is intrigued by alumni serve in what makes politics tick. There is, the state legisla- Sshe says, the fascination of give and M take, the back and forth of things, the ture. Here are some stories "manner in which individuals reach out to about them and about the their representatives and subsequently University's commitment these representatives can discuss and lobby for their concerns on everything from to training leaders. health and safety to justice and equality." The Brooklyn College student, who is “Two-fer” Legislators majoring in political science and minoring in sociology, is learning about the under- Take a Second Helping pinnings of politics first-hand by working 1of CUNY Learning in the office of Assemblymember Felix Senator Seymour Ortiz of Brooklyn, thanks to the Black, Puerto Rican & Hispanic Legislative Lachman has a Three CUNY students who'll be working as interns in legislators' district offices are, from left, Caucus/CUNY Scholars Program, which long relationship Andre Harding (Queens College), Stephanie Rosario (Brooklyn College) and Kathlene Burke awards high-achieving students internships (Baruch College). with two CUNY with members of the New York State colleges. Many of Legislature. Rosario, who wants to become his colleagues in a public-interest attorney or a law clerk for Caucus/CUNY Scholars Program are: but as yet I do not know whether I want to Albany have stud- a federal judge, says that the CUNY Senate Minority Leader David A. -
Prison Ships
Br. J. Am. Leg. Studies 10(2) (2021), DOI: 10.2478/bjals-2021-0002 Prison Ships Robert M. Jarvis* ABSTRACT In 2026, New York City plans to close the VERNON C. BAIN, America’s only currently- operating prison ship. Although prison ships have a long history, both in the United States and elsewhere, surprisingly little has been written about them. Accordingly, this article first provides a detailed overview of prison ships. It then surveys the U.S. case law generated by them. KEYWORDS Hulks, Prisoners, Prisoners of War, Prisons, Ships CONTENTS I. Introduction ......................................................................................283 II. Definitions and Scope ......................................................................284 III. History .............................................................................................288 A. Use During Wartime ......................................................................288 1. By Foreign Countries .....................................................................288 2. By the United States .......................................................................292 B. Use During Peacetime ..................................................................293 1. By Foreign Countries .....................................................................293 2. By the United States .......................................................................300 IV. U.S. Case Law ...................................................................................316 A. Mere Mention -
Government, Law and Policy Journal
NYSBA SPRING 2010 | VOL. 12 | NO. 1 Government, Law and Policy Journal A Publication of the New York State Bar Association Committee on Attorneys in Public Service, produced in cooperation with the Government Law Center at Albany Law School The New York State Constitution • When Is Constitutional Revision Constitutional Reform? • Overcoming Our Constitutional Catch-22 • The Budget Process • Proposals to Clarify Gubernatorial Inability to Govern and Succession • Ethics • More Voice for the People? • Gambling • Would a State Constitutional Amendment Promote Public Authority Fiscal Reform? • Liberty of the Community • Judging the Qualifications of the Members of the Legislature “I am excited that during my tenure as the Chair of the Committee on Attorneys in Public Service our Technology Subcommittee, headed by Jackie Gross and Christina Roberts-Ryba, with assistance from Barbara Beauchamp of the Bar Center, have developed a CAPs blog. This tool promises to be a wonderful way to communicate to CAPS Announces attorneys in public service items of interest New Blog for and by that they might well otherwise miss. Blogs Public Service Attorneys are most useful and attract the most NYSBA’s Committee on Attorneys in Public Service interest when they are (“CAPS”) is proud to announce a new blog highlighting current and updated interesting cases, legal trends and commentary from on a regular basis, and around New York State, and beyond, for attorneys our subcommittee is practicing law in the public sector context. The CAPS committed to making blog addresses legal issues ranging from government the CAPS blog among practice and public service law, social justice, the Bar Association’s professional competence and civility in the legal best! profession generally. -
History of New York State
16 Facts & Photos Profiles of New York State History of New York State The first peoples of New York are estimated to have ar- land for a league and opens up to form a beautiful lake. rived around 10,000 BC. Around AD 800, Iroquois an- This vast sheet of water swarmed with native boats”. He cestors moved into the area from the Appalachian region. landed on the tip of Manhattan and perhaps on the fur- The people of the Point Peninsula Complex were the pre- thest point of Long Island. decessors of the Algonquian peoples of New York. By around 1100, the distinct Iroquoian-speaking and In 1535, Jacques Cartier, a French explorer, became the Algonquian-speaking cultures that would eventually be first European to describe and map the Saint Lawrence encountered by Europeans had developed. The five na- River from the Atlantic Ocean, sailing as far upriver as tions of the Iroquois League developed a powerful con- the site of Montreal. federacy about the 15th century that controlled territory throughout present-day New York, into Pennsylvania Dutch and British colonial period around the Great Lakes. For centuries, the Mohawk culti- vated maize fields in the lowlands of the Mohawk River, On April 4, 1609, Henry Hudson, in the employ of the which were later taken over by Dutch settlers at Dutch East India Company, departed Amsterdam in com- Schenectady, New York when they bought this territory. mand of the ship Halve Maen (Half Moon). On Septem- The Iroquois nations to the west also had well-cultivated ber 3 he reached the estuary of the Hudson River. -
Supreme Court of the United States ————
No. IN THE Supreme Court of the United States ———— SHELDON SILVER, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ———— On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit ———— PETITION FOR A WRIT OF CERTIORARI ———— JOEL COHEN STEVEN F. MOLO STROOCK & STROOCK Counsel of Record & LAVAN LLP ROBERT K. KRY 180 Maiden Lane JUSTIN V. SHUR New York, New York 10038 MOLOLAMKEN LLP (212) 806-5644 430 Park Avenue New York, New York 10022 (212) 607-8160 [email protected] Counsel for Petitioner WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D.C. 20002 QUESTIONS PRESENTED Section 1957 of Title 18, United States Code, prohibits “knowingly engag[ing] or attempt[ing] to engage in a monetary transaction in criminally derived property of a value greater than $10,000 [that] is derived from speci- fied unlawful activity.” 18 U.S.C. §1957(a). The ques- tions presented are: 1. Whether §1957 requires the Government to trace funds in a transaction involving a withdrawal from a com- mingled account, precluding a conviction where the ac- count contains sufficient clean funds to cover the transfer. 2. Whether the court of appeals contravened this Court’s decisions in Sekhar v. United States, 133 S. Ct. 2720 (2013), and Skilling v. United States, 561 U.S. 358 (2010), by finding sufficient evidence to support Mr. Sil- ver’s convictions for extortion and honest services fraud. (i) ii PARTIES TO THE PROCEEDINGS BELOW Petitioner Sheldon Silver was defendant in the district court and appellant in the court of appeals. -
STATE of NEW YORK COMMISSION on JUDICIAL CONDUCT in The
STATE OF NEW YORK COMMISSION ON JUDICIAL CONDUCT In the Matter ofthe Proceeding Pursuant to Section 44, subdivision 4, ofthe Judiciary Law in Relation to AGREED LARRY M. HIMELEIN, STATEMENT OF FACTS a Judge ofthe County Court, Family Court and Surrogate's Court, Cattaraugus County. Subject to the approval ofthe Commission on Judicial Conduct ("Commission"): IT IS HEREBY STIPULATED AND AGREED by and between Robert H. Tembeckjian, Esq., Administrator and Counsel to the Commission, and Honorable Larry M. Himelein ("respondent"), who is represented by Terrence Connors, Esq., that further proceedings are waived and that the Commission shall make its determination upon the following facts. ProceduralII~tory 1. Respondent was served with a Formal Written Complaint dated March 3, 2009, alleging inter alia that, in connection with pending litigation and other efforts by judges and justices ofthe Unified Court System to secure enactment by the Legislature ofa pay raise for the judiciary, he (A) disqualified himselffrom cases in which parties were represented by law fmns that include members ofthe Legislature, not because he could not be impartial but as a tactic intended to force ilie Legislature to pass a judicial pay raise, (B) encouraged other judges to recuse themselves from cases "illvolving legislators or their law finns, without regard to their ability to be impartial, as a "weapon" in the effort to secure a pay raise, and in doing so denigrated those judges who refused, (C) made public comments concerning the pay raise litigation and (D) made denigrating comments about legislators and, in particular, the Speaker ofthe Assembly, Sheldon Silver. 2. -
Proceedings Board of Supervisors
PROCEEDINGS OF THE BOARD OF SUPERVISORS WYOMING COUNTY NEW YORK 2013 A. Douglas Berwanger, Chairman Cheryl Ketchum, Clerk Brenda Ferrell, Deputy Clerk James Wujcik, County Attorney CERTIFICATE OF CHAIRMAN AND CLERK State of New York County of Wyoming Chambers of Board of Supervisors Pursuant to Article 211 of the County Law, we, the Chairman and Clerk of the Board of Supervisors of the County of Wyoming, New York, do hereby certify that the foregoing volume was printed by authority of said Board of Supervisors, and that it contains a true record of the proceedings of the said Board and the whole thereof, in all regular and special sessions held during the year 2013. s/ A. D. Berwanger Chairman, Board of Supervisors s/ Cheryl J. Ketchum Clerk, Board of Supervisors ii Wyoming County Board of Supervisors Left to right, front row: John Knab (T/Sheldon), Thomas Dixon, (T/Gainesville), Ellen Grant (T/Bennington), Brenda Ferrell (Deputy Board Clerk), Rebecca Ryan (T/Warsaw) Second row: James Fleischman (T/Java), James Wujcik (County Attorney) Doug Patti (T/Attica, Vice Chairman of the Board), Jean Totsline (T/Genesee Falls), Joseph Kushner (T/Eagle), Cheryl Ketchum (Board Clerk) Third row: Larry Rogers (T/Pike), John Copeland (T/Wethersfield), Daniel Leuer (T/Middlebury), James Brick (T/Perry), Janis Cook (Budget & Reimbursement Officer) Fourth row: Jerry Davis (T/Covington), Gerald Stout (T/Orangeville), Stephen Tarbell (T/Castile), A. Douglas Berwanger (T/Arcade, Chairman of the Board) iii Contents 2013 Supervisors for Wyoming County…………………………….……….…iii -
Download Oral History
HISTORICAL SOCIETY OF THE NEW YORK COURTS ORAL HISTORY PROGRAM Hon. Sol Wachtler Found on exterior entrance to New York Court of Appeals HISTORICAL SOCIETY OF THE NEW YORK COURTS 140 Grand Street, Suite 701 White Plains, New York 10601 914.824.5717 [email protected] www.nycourts.gov/history ORAL HISTORY Subject: Hon. Sol Wachtler New York State Court of Appeals An Interview Conducted by: Nicholas M. Cannella, Esq. Date of Interview: December 21, 2011 Location of interview: OCA Studio, 25 Beaver Street, New York, NY Copyright © 2011 Historical Society of the New York Courts In 2005, the Historical Society of the New York Courts (the Society) established an oral history program to document the recollections of retired Judges of theNew York State Court of Appeals (New York’s highest court), retired judges and justicesfrom other courts in the State, and prominent New York lawyers (Subjects). Starting in2009, all interviews were videotaped. Interviews prior to that time were either audio orvideo taped. Interviews were conducted by informed interviewers, familiar with both the Subject and New York jurisprudence (Interviewers). The transcripts of the record are reviewed by Subjects and Interviewers for clarity and accuracy, corrected, and deposited in the Society’s archives. An oral history transcript is not intended to present the complete, verified description of events. It is rather a spoken personal account by a Subject given in response to questions. It is intended to transmit the Subject’s thoughts, perceptions, and reflections. It is unique and irreplaceable. All uses of this transcript are covered by a signed agreement between Subject, Interviewers, and the Society. -
And So Should You Difiore’S Star Outshines Pirro Cuomo Taps DA for Chief Judge in NY Highest Court
WESTCHESTER’S OLDEST AND MOST RESPECTED NEWSPAPERS Vol 124 Number 50 www.RisingMediaGroup.com Friday, December 11, 2015 Operation Santa Claus: West. Delegation Answers A Westchester Tradition After Silver Conviction From left are Len Spano, Al Ciuffetelli, Santa Claus with Jimmy Dingee, Joe Ciuffetelli, News 12 anchor Janine Rose with a student from the Westchester School for Special Children, former Sen. Nick Spano, Mayor Mike Spano and emcee Carol Wilkinson. One of the great Westchester holiday tradi- “Chippy” Flynn, Roy Lesten, and Nick Spano – tions is the annual Operation Santa Claus holiday who continues to serve as Operation Santa Claus party brunch, which raises funds to assist children honorary chairman. Spano has been out of office and adults with developmental disabilities. This for 10 years but continues his passion of helping year’s brunch was held Dec. 6 at the Fairway’s at those in the community with disabilities. Dunwoodie. Last week, Operation Santa Claus awarded Former Assembly Speaker and now convicted felon Sheldon Silver, left, with former State The tradition of Operation Santa Claus has $15,000 in grants for several area organizations Senate Majority Leader Dean Skelos, who is also on trial for corruption. been handed down from former State Sens. John Continued on Page 9 The recent conviction of former New exchange for his official acts, and for masking York State Assembly Speaker Sheldon Silver these payments by disguising them as income on seven felony counts of using his official from a personal injury law firm, gives another position to receive nearly $4 million in bribes black mark on the most dysfunctional govern- Santa Visits Habitat – and kickbacks from people and businesses in Continued on Page 8 And So Should You DiFiore’s Star Outshines Pirro Cuomo Taps DA for Chief Judge in NY Highest Court By Dan Murphy Westchester District Attor- ney Janet DiFiore’s selection by Gov. -
1992 Journal
OCTOBER TERM, 1992 Reference Index Contents: page Statistics n General in Appeals in Arguments iv Attorneys iv Briefs iv Certiorari iv Costs v Judgments, Mandates and Opinions v Original Cases v Parties vi Records vi Rules vi Stays vii Conclusion vii (i) II STATISTICS AS OF JUNE 28, 1993 In Forma Paid Original Pauperis Total Cases Cases Number of cases on docket 12 2,441 4,792 7,245 Cases disposed of......... 1 2,099 4,256 6,366 Remaining on docket 11 342 536 889 Cases docketed during term: Paid cases 2,062 In forma pauperis cases 4,240 Original cases...... 1 Total.. 6,303 Cases remaining from last term 942 Total cases on docket 7,245 Cases disposed of 6,366 Number remaining on docket 889 Petitions for certiorari granted: In paid cases 79 In in forma pauperis cases 14 Appeals granted: In paid cases ., 4 In in forma pauperis cases 0 Total cases granted plenary review 97 Cases argued during term 116 Number disposed of by full opinions Ill Number disposed of by per curiam opinions 4 Number set for reargument next term 0 Cases available for argument at beginning of term 66 Disposed of summarily after review was granted 4 Original cases set for argument 3 Cases reviewed and decided without oral argument 109 Total cases available for argument at start of next term 46 Number of written opinions of the Court 107 Per curiam opinions in argued cases 4 Number of lawyers admitted to practice as of June 28, 1993: On written motion 2,775 On oral motion 1,345 Total 4,120 Ill GENERAL: page 1991 Term closed and 1992 Term convened October 5, 1992; adjourned October 4, 1993 1 Allotment order of Justices entered 972 Bryson, William C, named Acting Solicitor General Janu- ary 20, 1993; presents Attorney General Janet Reno; re- marks by the Chief Justice 619, 865 Clinton, President, attends investiture of Justice Ginsburg 971 Court adjourned to attend Inauguration of President Clin- ton January 20, 1993 425 Court closed December 24, 1992, by order of Chief Justice Days, Drew S., Solicitor General, presented to the Court.