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	<title>Politicker &#187; ruling</title>
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		<title>Politicker &#187; ruling</title>
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		<title>Judge Rules to Unseal Shirley Huntley Wiretap Names</title>

		<comments>http://politicker.com/2013/05/judge-rules-to-unseal-shirley-huntley-wiretap-names/#comments</comments>
		<pubDate>Tue, 07 May 2013 18:14:43 -0400</pubDate>
					<link>http://politicker.com/2013/05/judge-rules-to-unseal-shirley-huntley-wiretap-names/</link>
			<dc:creator>Jill Colvin</dc:creator>
				
		<guid isPermaLink="false">http://politicker.com/?p=53626</guid>
		<description><![CDATA[<p><div id="attachment_53627" class="wp-caption alignleft" style="width: 154px"><a href="http://nyopoliticker.files.wordpress.com/2013/05/shirley-huntley-wiki.jpg"><img class="size-full wp-image-53627 " alt="Shirley Huntley (Photo: Wikimedia)" src="http://nyopoliticker.files.wordpress.com/2013/05/shirley-huntley-wiki.jpg" width="144" height="209" /></a><p class="wp-caption-text">Shirley Huntley (Photo: Wikimedia)</p></div></p>
<p>The names of all of the lawmakers secretly recorded by disgraced ex-State Sen. Shirley Huntley will be unsealed tomorrow, a federal judge has ruled.</p>
<p>The decision came following a petition by members of the press eager to find out who Ms. Huntley had recorded while wearing a wire last year. Documents filed in federal court last week ahead of Ms. Huntley's sentencing, revealed that, in an effort to reduce her sentence on embezzlement charges, she had agreed to wear a wire to tape conversations with fellow lawmakers.</p>
<p><!--more-->According to court documents, between June and August 2012, Ms. Huntley recorded meetings with nine different people, including seven elected officials and ex-staffers. Recordings with an individual identified as "Sate Senator #1" and two other elected officials "did yield evidence useful to law enforcement authorities," the papers said. Senator #1 is believed to be State Sen. John Sampson, who was arrested Monday on unrelated charges.</p>
<p>In a colorful ruling, Judge Jack Weinstein, said that lawmakers who dealt with Ms. Huntley should not be surprised to see their names in print.</p>
<p>"It is well known that widespread investigations of New York State legislators and related officials are being conducted by the government," he wrote in his decision, which was first reported by <a href="http://blog.timesunion.com/capitol/archives/186661/judge-will-make-names-from-huntley-wiretap-public/">Capitol Confidential.</a> "Every legislator who has conversed with this defendant will necessarily assume that he or she was recorded under the supervision of the FBI."</p>
<p>He also argued lawmakers should be prepared to face scrutiny. “To paraphrase President Harry Truman, 'those who cannot stand the heat should stay out of the kitchen,'" he wrote.</p>
<p>A spokesman for the U.S. Attorney's Office, which had tried to block the release, said it is considering filing an appeal.</p>
<p>"We are assessing our options," he said.</p>
]]></description>
		<content:encoded><![CDATA[<p><div id="attachment_53627" class="wp-caption alignleft" style="width: 154px"><a href="http://nyopoliticker.files.wordpress.com/2013/05/shirley-huntley-wiki.jpg"><img class="size-full wp-image-53627 " alt="Shirley Huntley (Photo: Wikimedia)" src="http://nyopoliticker.files.wordpress.com/2013/05/shirley-huntley-wiki.jpg" width="144" height="209" /></a><p class="wp-caption-text">Shirley Huntley (Photo: Wikimedia)</p></div></p>
<p>The names of all of the lawmakers secretly recorded by disgraced ex-State Sen. Shirley Huntley will be unsealed tomorrow, a federal judge has ruled.</p>
<p>The decision came following a petition by members of the press eager to find out who Ms. Huntley had recorded while wearing a wire last year. Documents filed in federal court last week ahead of Ms. Huntley's sentencing, revealed that, in an effort to reduce her sentence on embezzlement charges, she had agreed to wear a wire to tape conversations with fellow lawmakers.</p>
<p><!--more-->According to court documents, between June and August 2012, Ms. Huntley recorded meetings with nine different people, including seven elected officials and ex-staffers. Recordings with an individual identified as "Sate Senator #1" and two other elected officials "did yield evidence useful to law enforcement authorities," the papers said. Senator #1 is believed to be State Sen. John Sampson, who was arrested Monday on unrelated charges.</p>
<p>In a colorful ruling, Judge Jack Weinstein, said that lawmakers who dealt with Ms. Huntley should not be surprised to see their names in print.</p>
<p>"It is well known that widespread investigations of New York State legislators and related officials are being conducted by the government," he wrote in his decision, which was first reported by <a href="http://blog.timesunion.com/capitol/archives/186661/judge-will-make-names-from-huntley-wiretap-public/">Capitol Confidential.</a> "Every legislator who has conversed with this defendant will necessarily assume that he or she was recorded under the supervision of the FBI."</p>
<p>He also argued lawmakers should be prepared to face scrutiny. “To paraphrase President Harry Truman, 'those who cannot stand the heat should stay out of the kitchen,'" he wrote.</p>
<p>A spokesman for the U.S. Attorney's Office, which had tried to block the release, said it is considering filing an appeal.</p>
<p>"We are assessing our options," he said.</p>
]]></content:encoded>
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			<media:title type="html">Shirley Huntley (Photo: Wikimedia)</media:title>
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		<title>Court Blocks &#8216;Administrative Leviathan&#8217; Soda Cup Rule, Mayor Vows to Appeal</title>

		<comments>http://politicker.com/2013/03/court-blocks-administrative-leviathan-soda-cup-rule-mayor-vows-to-appeal/#comments</comments>
		<pubDate>Mon, 11 Mar 2013 16:18:02 -0400</pubDate>
					<link>http://politicker.com/2013/03/court-blocks-administrative-leviathan-soda-cup-rule-mayor-vows-to-appeal/</link>
			<dc:creator>Colin Campbell</dc:creator>
				
		<guid isPermaLink="false">http://politicker.com/?p=49835</guid>
		<description><![CDATA[<p><div id="attachment_49836" class="wp-caption alignleft" style="width: 310px"><a href="http://nyopoliticker.files.wordpress.com/2013/03/soda-getty.jpg"><img class="size-medium wp-image-49836 " alt="(Photo: Getty)" src="http://nyopoliticker.files.wordpress.com/2013/03/soda-getty.jpg?w=300" width="300" height="191" /></a><p class="wp-caption-text">(Photo: Getty)</p></div></p>
<p>Earlier today, the state Supreme Court <a href="http://online.wsj.com/article/SB10001424127887323826704578354543929974394.html" target="_blank">blocked</a> New York City's controversial attempt to ban large cups for sugary drinks in restaurants and other food establishments. The ruling, which you can view below, blasted the ban as "arbitrary and capricious," ultimately creating "an administrative Leviathan." The rules were scheduled to go into effect tomorrow.</p>
<p>"It is arbitrary and capricious because it applies to some but not all food establishments in the City, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds and the loopholes inherent in the Rule, including but not limited to no limitations on re-fills, defeat and/or serve to gut the purpose of the Rule," Judge Milton Tingling ruled.</p>
<p><!--more-->Fundamentally, Judge Tingling concluded that the city's Board of Health lacked the authority to implement the regulations.</p>
<p>"The Portion Cap Rule, if upheld, would create an administrative Leviathan and violate the separation of powers doctrine," he argued. “The Rule would not only violate the separation of powers doctrine, it would eviscerate it. Such an evisceration has the potential to be more troubling than sugar sweetened beverages."</p>
<p>The city has vowed to appeal the ruling and Mayor Michael Bloomberg already scheduled a City Hall press conference on the topic later today, so the drama is still far from over.</p>
<p>"We plan to appeal the sugary drinks decision as soon as possible, and we are confident the measure will ultimately be upheld," the mayor's office wrote on Twitter. "We believe [the Board] has the legal authority and responsibility to tackle causes of the obesity epidemic, which kills 5,000 NYers a year."</p>
<p>View the ruling below, <a href="http://capitaltonightny.ynn.com/2013/03/court-strikes-down-large-soda-ban/" target="_blank">via Capital Tonight</a>.<br />
<iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/129791408/content?start_page=1&view_mode=&access_key=key-zm34ooor79ehjp5j80d" data-auto-height="true" scrolling="no" id="scribd_129791408" width="100%" height="500" frameborder="0"></iframe>
<div style="font-size:10px;text-align:center;width:100%"><a href="http://www.scribd.com/doc/129791408">View this document on Scribd</a></div></p>
]]></description>
		<content:encoded><![CDATA[<p><div id="attachment_49836" class="wp-caption alignleft" style="width: 310px"><a href="http://nyopoliticker.files.wordpress.com/2013/03/soda-getty.jpg"><img class="size-medium wp-image-49836 " alt="(Photo: Getty)" src="http://nyopoliticker.files.wordpress.com/2013/03/soda-getty.jpg?w=300" width="300" height="191" /></a><p class="wp-caption-text">(Photo: Getty)</p></div></p>
<p>Earlier today, the state Supreme Court <a href="http://online.wsj.com/article/SB10001424127887323826704578354543929974394.html" target="_blank">blocked</a> New York City's controversial attempt to ban large cups for sugary drinks in restaurants and other food establishments. The ruling, which you can view below, blasted the ban as "arbitrary and capricious," ultimately creating "an administrative Leviathan." The rules were scheduled to go into effect tomorrow.</p>
<p>"It is arbitrary and capricious because it applies to some but not all food establishments in the City, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds and the loopholes inherent in the Rule, including but not limited to no limitations on re-fills, defeat and/or serve to gut the purpose of the Rule," Judge Milton Tingling ruled.</p>
<p><!--more-->Fundamentally, Judge Tingling concluded that the city's Board of Health lacked the authority to implement the regulations.</p>
<p>"The Portion Cap Rule, if upheld, would create an administrative Leviathan and violate the separation of powers doctrine," he argued. “The Rule would not only violate the separation of powers doctrine, it would eviscerate it. Such an evisceration has the potential to be more troubling than sugar sweetened beverages."</p>
<p>The city has vowed to appeal the ruling and Mayor Michael Bloomberg already scheduled a City Hall press conference on the topic later today, so the drama is still far from over.</p>
<p>"We plan to appeal the sugary drinks decision as soon as possible, and we are confident the measure will ultimately be upheld," the mayor's office wrote on Twitter. "We believe [the Board] has the legal authority and responsibility to tackle causes of the obesity epidemic, which kills 5,000 NYers a year."</p>
<p>View the ruling below, <a href="http://capitaltonightny.ynn.com/2013/03/court-strikes-down-large-soda-ban/" target="_blank">via Capital Tonight</a>.<br />
<iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/129791408/content?start_page=1&view_mode=&access_key=key-zm34ooor79ehjp5j80d" data-auto-height="true" scrolling="no" id="scribd_129791408" width="100%" height="500" frameborder="0"></iframe>
<div style="font-size:10px;text-align:center;width:100%"><a href="http://www.scribd.com/doc/129791408">View this document on Scribd</a></div></p>
]]></content:encoded>
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			<media:title type="html">(Photo: Getty)</media:title>
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		<title>Court Rules Against Gay Marriage Foes in New York</title>

		<comments>http://politicker.com/2012/07/court-rules-against-gay-marriage-foes-in-new-york/#comments</comments>
		<pubDate>Fri, 06 Jul 2012 16:34:45 -0400</pubDate>
					<link>http://politicker.com/2012/07/court-rules-against-gay-marriage-foes-in-new-york/</link>
			<dc:creator>Colin Campbell</dc:creator>
				
		<guid isPermaLink="false">http://politicker.com/?p=32133</guid>
		<description><![CDATA[<p><div id="attachment_32134" class="wp-caption alignleft" style="width: 210px"><a href="http://nyopoliticker.files.wordpress.com/2012/07/empire-state-building-rainbow.jpg"><img class="size-medium wp-image-32134" title="empire state building rainbow" src="http://nyopoliticker.files.wordpress.com/2012/07/empire-state-building-rainbow.jpg?w=200" alt="" width="200" height="300" /></a><p class="wp-caption-text">(Photo: Neighborhoodr New York)</p></div></p>
<p>Opponents of New York's 2011 gay marriage law had sought to overturn the legislation under grounds that it violated New York's Open Meetings Law, arguing the closed-door meetings held by New York State Senate Republicans with Governor Andrew Cuomo and Mayor Michael Bloomberg constituted an illegal violation. But the State Supreme Court stymied their hopes today and ruled in favor of New York State and gay marriage supporters.</p>
<p>"Accordingly, we conclude that the judgment should be reversed insofar as appealed from, and judgment should be entered in favor of defendants declaring that defendant New York State Senate did notviolate the OML in enacting the [Marriage Equality Act] and that marriages performed thereunder are not invalid," Acting Justice Robert Wiggins declared.</p>
<p><!--more--></p>
<p>The State argued that a meeting with Senate Republicans was not subject to the Open Meeting Law, and that the legislation itself was passed during an open session of the State Senate. Although a lower court initially allowed the lawsuit to proceed, Mr. Wiggins felt the claims did not merit overturning the entire legislation.</p>
<p>He wrote, “Even assuming, arguendo, that the Bloomberg and Cuomo meetingsviolated the OML, we would not invalidate the MEA and the marriages performed thereunder."</p>
<p>Governor Cuomo, unsurprisingly, was buoyed by the good news, issuing a statement announcing, “The court’s decision affirms that in our state, there is marriage equality for all, and with this decision New York continues to stand as a progressive leader for the nation."</p>
<p>View the ruling below:<br />
<iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/99359946/content?start_page=1&view_mode=list&access_key=key-1lallfnj01qbp6bvgtex" data-auto-height="true" scrolling="no" id="scribd_99359946" width="100%" height="500" frameborder="0"></iframe>
<div style="font-size:10px;text-align:center;width:100%"><a href="http://www.scribd.com/doc/99359946">View this document on Scribd</a></div></p>
]]></description>
		<content:encoded><![CDATA[<p><div id="attachment_32134" class="wp-caption alignleft" style="width: 210px"><a href="http://nyopoliticker.files.wordpress.com/2012/07/empire-state-building-rainbow.jpg"><img class="size-medium wp-image-32134" title="empire state building rainbow" src="http://nyopoliticker.files.wordpress.com/2012/07/empire-state-building-rainbow.jpg?w=200" alt="" width="200" height="300" /></a><p class="wp-caption-text">(Photo: Neighborhoodr New York)</p></div></p>
<p>Opponents of New York's 2011 gay marriage law had sought to overturn the legislation under grounds that it violated New York's Open Meetings Law, arguing the closed-door meetings held by New York State Senate Republicans with Governor Andrew Cuomo and Mayor Michael Bloomberg constituted an illegal violation. But the State Supreme Court stymied their hopes today and ruled in favor of New York State and gay marriage supporters.</p>
<p>"Accordingly, we conclude that the judgment should be reversed insofar as appealed from, and judgment should be entered in favor of defendants declaring that defendant New York State Senate did notviolate the OML in enacting the [Marriage Equality Act] and that marriages performed thereunder are not invalid," Acting Justice Robert Wiggins declared.</p>
<p><!--more--></p>
<p>The State argued that a meeting with Senate Republicans was not subject to the Open Meeting Law, and that the legislation itself was passed during an open session of the State Senate. Although a lower court initially allowed the lawsuit to proceed, Mr. Wiggins felt the claims did not merit overturning the entire legislation.</p>
<p>He wrote, “Even assuming, arguendo, that the Bloomberg and Cuomo meetingsviolated the OML, we would not invalidate the MEA and the marriages performed thereunder."</p>
<p>Governor Cuomo, unsurprisingly, was buoyed by the good news, issuing a statement announcing, “The court’s decision affirms that in our state, there is marriage equality for all, and with this decision New York continues to stand as a progressive leader for the nation."</p>
<p>View the ruling below:<br />
<iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/99359946/content?start_page=1&view_mode=list&access_key=key-1lallfnj01qbp6bvgtex" data-auto-height="true" scrolling="no" id="scribd_99359946" width="100%" height="500" frameborder="0"></iframe>
<div style="font-size:10px;text-align:center;width:100%"><a href="http://www.scribd.com/doc/99359946">View this document on Scribd</a></div></p>
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		<title>Living Wage Advocates Celebrate Mayoral Override Vote (and Supreme Court Decision!!)</title>

		<comments>http://politicker.com/2012/06/living-wage-advocates-celebrate-mayoral-override-vote-and-supreme-court-decision/#comments</comments>
		<pubDate>Thu, 28 Jun 2012 12:44:56 -0400</pubDate>
					<link>http://politicker.com/2012/06/living-wage-advocates-celebrate-mayoral-override-vote-and-supreme-court-decision/</link>
			<dc:creator>Colin Campbell</dc:creator>
				
		<guid isPermaLink="false">http://politicker.com/?p=31611</guid>
		<description><![CDATA[<p><div id="attachment_31613" class="wp-caption alignleft" style="width: 280px"><a href="http://nyopoliticker.files.wordpress.com/2012/06/tish-living-wage.jpg"><img class=" wp-image-31613 " title="tish living wage" src="http://nyopoliticker.files.wordpress.com/2012/06/tish-living-wage.jpg?w=300" alt="" width="270" height="151" /></a><p class="wp-caption-text">Tish James speaking at the rally.</p></div></p>
<p>"Yes! Yes! Yes! Come, come, ready?" Councilwoman Tish James hurriedly exclaimed when we started to ask her about today's Supreme Court ruling on health care reform before a rally celebrating the vote on living wage legislation coming later today.</p>
<p>"So, today I like Roberts. I'm happy that the mandate was upheld. This is a great day for democracy, it's a great day for the budget, it's a great day for childcare and after school programs," she answered. "So, overall, today's a proud day!"</p>
<p><!--more-->"It's a good day. It's a good day," Stuart Appelbaum, the president of the RWDSU, agreed when asked the same question. "We're doing living wage in New York and the Supreme Court agreed with the Obama administration on health care reform."</p>
<p>The rally for living wage thus proceeded in a jubilant mood. The votes to override Mayor Michael Bloomberg's veto have already been assembled and the outcome of today's City Council session already determined.</p>
<p>"Today is a great day of course, with what happened with the Supreme Court in Washington, a very important day for people of modest means throughout the country," Councilman Oliver Koppell said in front of the rallying advocates. "And what we're doing today is a movement in the same direction to try and ensure that ... there is at least a little bit of justice between those who have modest means and those who have wealth and power."</p>
<p>For her part, Ms. James spoke like a preacher when her turn came to stand in front of the podium.</p>
<p>"So I hold up this tattered and torn will of the people, because it represents their tattered lives!" she declared, displaying a ripped sign containing advocates' signatures. "Those who have been living under the weight of poverty wages, this is symbolic of their lives. ... Today, we stand up for justice! Today, justice rains down!"</p>
]]></description>
		<content:encoded><![CDATA[<p><div id="attachment_31613" class="wp-caption alignleft" style="width: 280px"><a href="http://nyopoliticker.files.wordpress.com/2012/06/tish-living-wage.jpg"><img class=" wp-image-31613 " title="tish living wage" src="http://nyopoliticker.files.wordpress.com/2012/06/tish-living-wage.jpg?w=300" alt="" width="270" height="151" /></a><p class="wp-caption-text">Tish James speaking at the rally.</p></div></p>
<p>"Yes! Yes! Yes! Come, come, ready?" Councilwoman Tish James hurriedly exclaimed when we started to ask her about today's Supreme Court ruling on health care reform before a rally celebrating the vote on living wage legislation coming later today.</p>
<p>"So, today I like Roberts. I'm happy that the mandate was upheld. This is a great day for democracy, it's a great day for the budget, it's a great day for childcare and after school programs," she answered. "So, overall, today's a proud day!"</p>
<p><!--more-->"It's a good day. It's a good day," Stuart Appelbaum, the president of the RWDSU, agreed when asked the same question. "We're doing living wage in New York and the Supreme Court agreed with the Obama administration on health care reform."</p>
<p>The rally for living wage thus proceeded in a jubilant mood. The votes to override Mayor Michael Bloomberg's veto have already been assembled and the outcome of today's City Council session already determined.</p>
<p>"Today is a great day of course, with what happened with the Supreme Court in Washington, a very important day for people of modest means throughout the country," Councilman Oliver Koppell said in front of the rallying advocates. "And what we're doing today is a movement in the same direction to try and ensure that ... there is at least a little bit of justice between those who have modest means and those who have wealth and power."</p>
<p>For her part, Ms. James spoke like a preacher when her turn came to stand in front of the podium.</p>
<p>"So I hold up this tattered and torn will of the people, because it represents their tattered lives!" she declared, displaying a ripped sign containing advocates' signatures. "Those who have been living under the weight of poverty wages, this is symbolic of their lives. ... Today, we stand up for justice! Today, justice rains down!"</p>
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