Delgado debuts after LI Dems stay with Hochul

Daily Point

Hochul’s LG fix narrowly cleared Dem-run Senate

The legislation that allowed Gov. Kathy Hochul to get indicted ex-Lt. Gov. Brian Benjamin off the primary ballot cleared the Democratic-controlled State Senate on Monday, 33-29. That’s just a single vote above a bare majority — in a chamber where the party has a two-thirds grip.

The vote’s final results offered a rough roster of the split in the state’s dominant political party between its centrist and left factions. While Majority Leader Andrea Stewart-Cousins voted ‘aye,’ Deputy Majority Leader Michael Gianaris voted ‘nay,’ along with eight other Democrats who — just this once — sided with the Senate’s 20 Republicans. Opponents of the measure said it was wrong to change the rules for primary qualification and removal in the middle of an election cycle.

All five of Long Island’s Democratic senators voted for the legislation, and all four of Long Island’s Republican senators voted against it. The bill’s Democratic opponents, generally allies of the left-leaning Working Families Party, included Sen. Alessandra Biaggi, whose candidacy for Congress in the Long Island-based 3rd Congressional District faces headwinds now that the Court of Appeals has ordered a rewrite of the jagged lines.

State Democratic chairman and Hochul loyalist Jay Jacobs told The Point he didn’t have to push the Long Island Democrats to help get the bill over the top. Rather, he blasted “far left” foes of the legislation as “hypocrites” for having demanded an “opening up” of the primary petition process on other occasions — but not in this case when Ana Archila, the WFP designee, could — some presumed — have more of a shot for the LG nomination with the abandoned Benjamin stuck on the ballot. Hochul's new choice, Rep. Antonio Delgado, a member of Congress from the Hudson Valley, is expected to be better-funded and better-known by June 28, the current date of the primary for statewide office.

Of course, it wasn’t just Democratic dissidents who raised their voices. Gerard Kassar, state Conservative Party chairman, said Tuesday: “Kathy Hochul and the Democratic Party have no compunction about changing laws to benefit themselves personally. they amended long-established election law solely to relieve Mrs. Hochul of a running mate who has been indicted for corruption.

“Today they replaced the former Lt. Governor with a member of Congress who was likely to be defeated in November and needed a political lifeline,” Kassar said. The dig at Delgado’s electoral position is based on the fact that had Hochul not tapped him, he could be running in a district that now stands to be reshaped with fewer Democratic strongholds under last week's Court of Appeals ruling.

Marc Molinaro, the Republican Dutchess County executive who ran unsuccessfully against Gov. Andrew M. Cuomo in 2018, is viewed by insiders as having a good chance to win Delgado’s CD19. On Tuesday, Molinaro said: "I wish Antonio Delgado well in restoring some amount of dignity to the office of lieutenant governor.”

Ex-Rep. John Faso, the Republican Delgado unseated during the blue midterm wave in 2018, was quoted Tuesday as saying of the Democrats and his ex-foe: “Now they’ve got a guy who went through a very competitive race in 2018 and doesn’t have the baggage other candidates might have.”

Most recently, Faso is best known for leading the successful court fight to overturn gerrymandered House and State Senate maps approved by state Democrats — including his old CD19.

— Dan Janison @Danjanison

Talking Point

Another front in the NUMC war

A federal whistleblower lawsuit filed against the Nassau University Medical Center in August 2020 that included explosive allegations has become another weapon in the battles surrounding the public-mission hospital.

That’s why it’s getting attention now, although it appears to have been settled in September 2021. 

The claim of wrongful termination was filed by former NUMC chief financial officer John Maher. It alleged that Maher was fired in 2020 by the hospital board, and specifically former board chairman Robert Detor, because Maher refused to falsify the number of COVID-19 patients NUMC had treated. 

The suit alleged that using the higher number of patients, 900 rather than 625, netted the hospital an extra $20 million in federal COVID relief funds. 

Maher, who started at the East Meadow hospital in 2012, accused Detor of telling him, in a telephone conversation, that “his whistle blowing would not be tolerated, and would be one of the reasons he would be fired.”

The suit also accused NUMC General Counsel Meg Ryan of telling Maher to up the patient number, without justification and “with visible discomfort.”

And Maher’s suit said his termination was unlawful, beyond the allegations of retaliation, because his contract promised him 365 days notice, unless he was terminated for cause.

Tuesday, Ryan told The Point that the suit was settled in September 2021, and while she did not recall for how much, she knew it was beneath the amount that would demand a board vote. Ryan said the settlement had been approved by then-chairman Edward Farbenblum and NUMC chief executive Dr. Anthony Boutin.

But it’s the fact that the board was neither informed of the suit nor involved in the settlement that led to efforts by former board member Warren Zysman to put the 20-month-old lawsuit on the table, Zysman told The Point. He also said he was concerned that the hospital would have significant exposure if the federal government sought to claw the money back, plus penalties. 

Farbenblum said Tuesday that Ryan had gone over the lawsuit with him, and counseled him that the board did not need to be informed, but did not tell him she was named and accused of wrongdoing in the suit. Both Farbenblum and Zysman said they thought that represented a conflict of interest on Ryan’s part.

The board has been split by battles over who actually has a seat, who is the chairman, and who can fire Ryan. 

The latest salvo was a vote led by board Democrats to fire Ryan at an April meeting, after several members said they’d lost confidence in her. Ryan is still working; County Executive Bruce Blakeman and Boutin say the firing is not valid.

Ryan declined to comment on the litigation, as did Detor. Maher did not return a call seeking comment. 

And so concluded yet another cliffhanger episode of “Nassau Hospital.”

— Lane Filler @lanefiller

Pencil Point

Astronomical inflation

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Final Point

Assessment appeals, but no assessor

As the clock struck midnight and Monday turned to Tuesday, the flood of Nassau County property tax grievances dried up. Monday was the last day to file.

But this year, once again, no new values have been placed on properties, because the roll is frozen. And this year there is no assessor in office, permanent or acting.

The roll was frozen by former County Executive Laura Curran because, she said, skyrocketing prices and the pandemic made it impossible to assess accurately, after her administration had unfrozen the roll to value properties after her predecessor, Edward Mangano, froze the roll for most of his eight years in office.

And, at least at first, there will be no assessor to oversee the new grievance claims.

In October, Curran’s attempt to name Robin Laveman permanent assessor was met with hostility by the GOP-controlled county legislature. Curran named Laveman acting assessor, a title that would have had to be renewed by April 11 by the legislature but was not.

There has been no permanent assessor since David Moog left the job in January 2021.

Laveman has reportedly left and, according to the legislature's presiding officer, Rich Nicolello, the word is that County Executive Bruce Blakeman will put a name forward soon, though it’s not clear whether it’s for an acting or permanent position.

Whoever it is, he or she will find a very full inbox upon reporting for duty.

— Lane Filler @lanefiller