LACK OF LT. GOV. MEANS THERE IS NO CONSTITUTIONAL REMEDY TO STATE SENATE CRISIS...BEYOND FORCING SENATORS TO COME TO SPECIAL SESSION, BALANCE OF POWERS MEANS PATERSON CAN'T PUNISH SENATORS...MAZIARZ CHANGES TUNE ON NO PAY FOR NO SHOWS

Anyone expecting some judge to resolve the current NYS Senate leadership crisis should give up the ghost. A highly informed source abetted by known constitutional expertise is telling us that there is simply no constitutional remedy for this crisis in the absence of having a Lt. Governor in place.

"Originally, there were 62 members of the NYS Senate, one for each county in the state," our expert explains. "Up until the one man, one vote federal Supreme Court ruling of the early 60s, every Senator represented an entire county, no matter its size. In any case, since we have an even number of state senators, the only person who can break a tie if everyone votes is the Lt. Governor, who also holds the ceremonial title of President of the Senate. Since the Spitzer resignation means that we have no Lt. Gov., we have no one to break the tie, nor can any other elected official impose his will on the Senate because that would violate the separation of powers doctrine under the US and NYS Constitutions...So the upshot of it all is that the 62 Senators are going to have to resolve this issue themselves. There is no other constitutional remedy."

Can Gov. Paterson withhold the pay of Senators who won't do what he says or wants?"

WNY INFORMATION TECH ENTREPRENEUR TO PURSUE FEDERAL LAWSUIT OVER PROPERTY SEIZURE, FALSE ARREST

On Nov. 7, 2008 Buffalo Police Officers along with representatives of the NYS Attorney General raided the Breckinridge St. family home of information technology entrepreneur Syaed Ali and seized thousands of dollars of his and his parents' possession pursuant to a search warrant that gave law enforcement the right to grab materials related to "the distribution of FALSE PRESS RELEASES." According to informed sources, the officers on the scene then detained Syaed for over seven hours without benefit of an arrest warrant and also without giving him the benefit of counsel, food, sanitary facilities, or communicatin with his loved ones.  During the interrogation, Syaed has reported that officers asked him questions about his political associations in an attempt to implicate certain political figures in wrongdoing.

In the almost eight months since, Buffalo Police have kept almost all of the Ali family's possessions though no charges have been filed and there is no evidence that any investigation is ongoing.

Now highly dependable sources are telling NewWNYPolitics that this 25 year old businessman has had enough. Reportedly, he has switched to much more aggressive legal representation and has tentatively decided to pursue a federal lawsuit, not only in an attempt to retrieve his and his family's property but also to seek redress for the violation of his civil rights under the United States Constitution.

If the suit goes forward, and there is no reason to think it won't, it could lead to genuine fireworks as the relevant officials are forced to testify about the case under oath.  

NIAGARA COUNTY DEM CHAIRMAN RIVERA CALLS DINAPOLI "DEDICATED TO HELPING WNY...AN EXCELLENT PUBLIC SERVANT"

Wednesday night's Niagara County Democratic fundraiser in honor of NYS Comptroller Tom DiNapoli was a big success as 50 guests enjoyed both a beautiful setting and the opportunity to personally interact with the Comptroller. Set amidst the splendor of Niagara Falls' historic Red Coach Inn as the rapids swirled in the background, the event attracted a wide variety of distinguished attendees from the legal, business, and accounting professions as well as from the world of politics, with NC Democratic Chairman Dan Rivera presiding over the festivities.

Among those attending was NYS Supreme Court Justice John O'Donnell, Buffalo Housing Court Judge and Supreme Court candidate Henry Nowak, Niagara Falls Mayor Paul Dyster, North Tonawanda Mayor Larry Soos, former Assembly Majority Leader Paul Tokasz, UAW NYS Political Action Committee Director Sam Williams, NFTA Commissioner Adam Perry, Buffalo Parking Authority Board Member Aaron Segal, and Village of Wilson Mayor Pat Callahan, the first Democrat to win this post in 150 years.

"It was a great event which was made even more enjoyable by the fact that Comptroller DiNapoli was very receptive to everyone who was present and made himself available to talk and take pictures with all who attended," Chairman Rivera reported. " The Comptroller scored a big hit with everyone."  

THOMPSON PUSHES BI-PARTISAN AGREEMENT INCLUDING BI-PARTISAN COMMITTEE TO DECIDE WHAT BILLS ARE CONSIDERED

As Day 17 dawned of the NYS Senate leadership crisis dawned this morning, most observers weren't predicting much change in the situation and they were right. As it turned out, Governor Paterson's summons to the Legislature turned out to be defective, with the result that little or nothing was done.

"The Governor tried to call us back into session, but it wasn't legal because he didn't summon both houses at the same time and to consider the same bills," Buffalo/Niagara Falls Senator Antoine Thompson reports. "For the second straight day, it was the 31 Democratic Senators who ran the Senate under President Pro Tempore Malcolm Smith. The Republicans didn't show up."

What will happen next?...Senator Thompson believes what should happen is that the Republican/Espada coalition should agree to the Democrats' proposed power sharing agreement.

ATTORNEY GENERAL CUOMO SHUTS DOWN NEW YORK DEBT COLLECTION OPERATION THAT USED ILLEGAL SCARE TACTICS TO THREATEN CONSUMERS ACROSS THE COUNTRY

Employees Posed as Law Enforcement Officials and Threatened to Throw Consumers in Jail if They Didn't Immediately Pay Debts

Latest Action in Cuomo's Ongoing Probe into Unlawful Debt Collection Practices

BUFFALO, NEW YORK (June 23, 2009) - Attorney General Andrew M. Cuomo today announced that his office has shut down a New York collection operation that consisted of at least nine debt collection companies across Western New York, run by Buffalo resident Tobias Boyland. This is the latest action in Attorney General Cuomo's ongoing investigation of unlawful debt collection practices.

According to hundreds of consumer complaints filed with law enforcement agencies across the country, Boyland's employees violated state and federal law by routinely posing as law enforcement officials, threatening to arrest consumers and throw them in jail unless they made arrangements to pay the company immediately. Under the terms of the court order obtained today by Cuomo's office in Buffalo Supreme Court, Boyland's operation will shut down all of its companies in the Buffalo area. Attorney General Cuomo also announced that his Office executed search warrants on four of the operations known locations and on Boyland's residence this morning. When investigators from the Attorney General's Office arrived at the residence, they found a loaded, .380 semi-automatic pistol on Boyland's person. Boyland was taken into custody by the Erie County Sheriff and the Office of the Erie County District Attorney will handle the resulting gun-possession case. 

MICHALEK FOR SUPERVISOR EVENT, TUES., JUNE 30 5:30-7:30PM ROMAELLO'S

The Committee To Elect Patricia Michalek Hamburg Supervisor will hold a fundraiser on Tuesday, June 30 from 5:30-7:30pm at Romanello's South Restaurant, 5793 South Park Ave., Hamburg. There will be an open bar and hors d' oeuvres. The charge is $150 for a patron, $75 for a couple, and $50 for an individual. Make checks payable to: the Committee To Elect Patricia Michalek; 4255 Clark St., Hamburg, NY 14075.

"IT IS THE PEOPLE WHO SHOULD DECIDE MAJORITY, NOT COUP PLOTTERS OR TRAITORS, NO MATTER HOW CLEVER"

Just about everyone seems disgusted by the current mess in Albany. The opportunism of some state senators is truly formidable.

But the operative word is "some." Not all senators are really to blame.

The reason that the NYS Senate is deadlocked is the unreasonable set of demands from the coalition of Republicans and Pedro Espada, the legally challenged turncoat Democrat. They argue that the vote they took June 8, when Queens Democrat Hiram Monseratte was also working as a turncoat, should stand. This vote "elected" Pedro Espada as the Senate’s President Pro Tem and Republican leader Dean Skelos as the majority leader. The legality of this vote is dubious at best since the Senate was not even technically in session when the vote occurred? Then there is the fact that Monserrate's re-defection means that the so-called "majority" that elected Espada and Skelos only lasted a day or two and is no more.

TALKS ON POULTRY PROCESSING PLANT ONGOING...27,000 SQUARE FEET OF GRASS PLANTED AT TRANSFIGURATION...MAYOR POLANSKI STILL FIGHTING FOR HIS TAXPAYERS

We hear that that fast food businessman who has been publicly objecting to the establishment of a job creating poultry processing plant on William St. has now sought talks with the owners of the firm involved, Brothers Live Poultry. No word yet on progess as a Tuesday meeting of the Common Council on the issue approaches...

TRANSFIGURATION RESTORED

The combination of the work of eight volunteers and 27,000 sq. ft. of grass seed resulted in two days of amazing progress in the restoration of the east side of Buffalo's Transfiguration Church last week. According to attorney Bill Trezevant, for many years an activist in the movement to restore the site, it was a moment in time which those who love Transfiguration should always remember.

A CANDIDATE WHO HAS BILLS TO PAY JUST LIKE YOU OFFERS BUFFALONIANS A CHOICE AND A NEW VOICE IN THE RACE FOR BUFFALO MAYOR

Buffalo mayoral candidate Sam Herbert is not a professional politician. He's a guy just like you and me who is running for our city's number one post, both to offer voters a choice and a new voice.

"Look, I'm just like you," he recently told a NewWNYPolitics.net interviewer. "I have bills to pay. I have obligations to meet just like any other resident of Buffalo. That's the reason why as a resident of this city, I resent the fact that they are trying to force us to pay twice for our city services. We all pay taxes and we are also being forced to pay an $18 million garbage fee besides. It's wrong and it's part of the reason why people are leaving Buffalo. We need a Mayor whose primary concern is building up our neighborhoods again, not only being concerned with downtown. When I am Mayor we will have strong neighborhoods  and substantial economic development investment on the East Side, the West Side, in South Buffalo and North Buffalo. We will have a city in which all of us can be proud."

To this end, Herbert is asking registered Democrats who agree with him that Buffalo needs a new kind of Mayor to meet at his home at 105 Strauss, between Sycamore and Broadway, on June 30 between 7am and 5pm to sign his petitions so he can get on the ballot. Refreshments will be served.

SO-CALLED "REFORM COALITION'S" LONE DEMOCRAT FACING GRAND JURY INVESTIGATION LOOKING INTO ECONOMIC DEVELOPMENT, RESIDENCY, CAMPAIGN FINANCE CRIMES...SUBPOENAS ALREADY ISSUED

Kingpin of "reform coalition?"...President of the Senate?...1st in line to be Governor?...These would be heady days for Bronx State Senator Pedro Espada...if it wasn't for the fact that (1) the so-called "coalition" he is fronting for doesn't have a majority in Albany's upper house and (2) it's not much fun playing big shot in our state's capital when a Grand Jury has been empanled to look into your possible criminal wrongdoing in NYC.

"Not only is there a Grand Jury empaneled, but they have already started issuing subpoenas," reports one Albany source. "Actually, this Grand Jury is looking into three possible areas of wrong doing on the part of Senator Espada. First, there are widespread financial irregularites related to charges that Espada has been funneling state economic development money to businesses controlled by himself or his family members. I am told that these businesses don't meet the proper criteria for such aid, yet have been given millions in state money, with the fact that they are Espade fronts kept secret."

Then there is the issue of campaign finance reports. Senator Espada apparently doesn't  believe in them since he hasn't taken the time to file any in years.

Amanda’s Law passes Assembly

Assemblyman Schroeder’s bill requires carbon monoxide detectors in all homes statewide

When carbon monoxide poisoning took 16 year-old Amanda Hansen’s life, her parents sat down with New York State Assemblyman Mark Schroeder to try to prevent a similar tragedy from ever happening again.

“We wanted something positive to result from what happened to Amanda,” said the West Seneca teenager’s father, Ken Hansen.

Thursday, Amanda’s Law, the legislation Schroeder introduced that requires carbon monoxide detectors in all homes in New York State, passed the Assembly.

GLASCOTT CAMPAIGN SCHEDULES FIRST FUNDRAISER FOR MON., JUNE 29 AT HEARTHSTONE

The John Glascott for Erie County Sheriff campaign has scheduled its first fundraiser for Mon., June 29 at the Hearthstone Manor, 337 Dick Rd., Depew from 5:30-7:30pm. The charge is $35, $250 for sponsors. Supporters can make out checks to: John Glascott for Erie County Sheriff, 64 Cornell Dr., Depew, NY 14043