Gotham Gazette

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Opinion

Anti-Worker Arguments Need Transparency


asbestos 2

(photo: secondskinuk)


We write in response to the pro-big business, anti-worker, politically-motivated opinion piece written by Peggy Ableman entitled, “New York’s Asbestos Courts Need Transparency.”

We have been representing the working men and women of New York for over 30 years in the “New York asbestos courts” which are the subject of Ms. Ableman’s piece. The lives of these men and women, people responsible for building this great city, have been devastated by asbestos diseases caused by corporate recklessness and greed. Ms. Ableman attacks the honesty and integrity of these true heroes, as well as the honesty and integrity of their lawyers.

Her attack is nothing more than a politically-motivated, scurrilous work of fiction, promoting the agenda of such groups as the American Tort Reform Association. This group’s main goal, supported by Ms. Ableman, is to deny and/or significantly limit access to the courts by those whose lives have been destroyed by an industrial poison. Interestingly and tellingly, Ms. Ableman’s piece is completely devoid of any facts in support of her made-up claims of fraud. This is not surprising given the fact that Ms. Ableman is not a member of the New York bar and, to the best of our knowledge, has never set foot in a New York courtroom.

Perhaps most importantly, in a piece calling for “truth” and “transparency,” Ms. Ableman failed to disclose her current employer. After leaving the bench to seek more lucrative work, Ms. Ableman was hired by the powerhouse asbestos defense law firm, McCarter & English. She is currently “special counsel” to this law firm which has been representing defendants in asbestos litigation for decades.

The firm’s website touts as one of Ms. Ableman’s “accomplishments” the fact that she was quoted in the American Tort Reform Association’s rag, “Judicial Hellholes.” This “publication” denigrates and belittles the incredible work of New York judges who labor every day, all day, seeking to provide justice to all litigants that appear before them. To call the New York State’s judicial system administered by these conscientious jurists a “judicial hellhole” is an outrage and a direct affront to the integrity of these judges.

If Ms. Ableman is interested in ferreting out fraud, she should start with a good long look in the mirror. Her failure to disclose the fact that she works for a firm that represents big corporations that are sued in asbestos cases in a column about “truth” and “transparency” says all you need to know about her credibility.

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Perry Weitz, Arthur Luxenberg, Robert Gordon, Charles Ferguson, Alani Golanski and Jerry Kristal, Weitz & Luxenberg, P.C.

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Establishing a Newborn Health and Safe Sleep Program in New York


baby box

a "baby box"


As sponsors of legislation to establish a Newborn Health and Safe Sleep Pilot Program, we call on the Legislature to combat infant mortality in New York and pass the bill.

This measure is an important step forward in our state’s ongoing efforts to support new parents and provide all children with the best possible start to life.

According to the Department of Health, over 90 infants in New York die every year as a result of unsafe sleep practices and Sudden Infant Death Syndrome (SIDS). While there are many factors involved in improving infant health, research clearly demonstrates that promoting safe sleep is a key component in reducing preventable injury and death.

The Newborn Health and Safe Sleep Pilot Program would distribute “baby boxes” or other approved products, like play-yards or bassinets, to provide parents in the areas of greatest need or regions with high rates of infant mortality with a safe sleep option. In addition to providing a safe sleeping environment for newborns, the “baby box” or similar product distributed through the program would also include essential baby care items, educational materials, and provide an opportunity for new families and health care providers to discuss safe and healthy practices aimed at reducing SIDS.

“Baby boxes,” a concept originated in Finland, have been used across the world with proven success. In the United States, several states and a number of cities and health care systems have already implemented “baby box” programs as a persuasive way to reach new families. The statewide program would offer critical resources, educate new families and enable them to engage in safe practices.    

While distribution of “baby boxes” alone will not completely solve the problem of infant mortality, this program would be just one piece of a much larger puzzle in New York. Our state has already made great strides to improve health outcomes. In 2015, we worked together to pass legislation which made New York the first state in the nation to designate pregnancy as a qualifying life event for health insurance enrollment, guaranteeing all families the opportunity to access vital prenatal care to prevent pre-term births and pregnancy complications. New York has worked to establish paid family leave benefits for working parents and provide maternal, infant, and early childhood home-visiting services in our most vulnerable communities. The Newborn Health and Safe Sleep Program would further our efforts to reduce health disparities and ensure all parents receive the support they need to raise healthy children.

In an ideal world, every family would be aware of and adhere to the American Academy of Pediatrics Safe Sleep Recommendations and have a crib or bassinet meeting their guidelines. In reality, new families are often sleep deprived, exhausted, and struggling to adjust, or simply can’t afford a crib. The Newborn Health and Safe Sleep Program will help new parents avoid unsafe behavior and will encourage and increase healthy sleep practices.  

New York has demonstrated a long-standing commitment to enacting comprehensive policies to support healthy parenting, these measures will allow New York to continue to serve as a national leader in protecting the health and wellbeing of babies, children and families.

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Aravella Simotas is a Democratic Assembly member representing AD 36, Astoria, Queens, and Kemp Hannon is a Republican representing SD6, in Nassau County. They sponsor bills S3867 and A/A6044-A.

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Leveling the Playing Field for Minority- & Women-Owned Businesses


Marisol Alcantara and BdB

Sen. Alcantara, the author, & Mayor de Blasio (NY State Senate Photography)


In April, New York City certified its 5,000th Minority and Women-owned Business Enterprise (M/WBE). Its proud owner is Miguel Cabrera, an immigrant from the Dominican Republic who came to the U.S. in 2009 and owns a transportation business.

When I met Miguel earlier this month in Albany, we talked about immigrant life in the United States. He told me that he became City-certified so that he could reinvest in his local community in the Bronx.

He embodies the spirit of New York City. It is a place that empowers people from different backgrounds to display their entrepreneurial spirit and turn their American Dream into a reality.

There are countless business owners like Miguel who need the support of the City to overcome historical barriers to accessible capital and contracting opportunities. In order to address the impact that discrimination has had on the marketplace for City contracts, Mayor de Blasio has made an aggressive commitment to help foster success among the city’s M/WBEs, including establishing a goal of certifying 9,000 firms by 2019; awarding $16 billion in contracts to M/WBEs by 2025; awarding 30 percent of the value of City contracts to M/WBEs by 2021; and creating loan programs such as the Contract Financing Loan Fund, which give M/WBEs access to loans of up to $500,000 at a low 3 percent interest.

This renewed focus on M/WBEs has led to slight but significant increases in the number of M/WBEs that do business with the City. In Fiscal Year 2015, the City had an 8 percent rate of M/WBE participation among firms that did business with the City. That number rose to 14 percent in FY 2016 and then 19 percent in the first two quarters of FY 2017.

To continue seeing progress, the State must step up and give the City additional tools to address the historic effects of discrimination in the marketplace and spur growth among M/WBEs, which make up more than 50 percent of New York City businesses.

A bill I introduced earlier this month, S.6513, would do just that.

Currently, City agencies have discretionary spending authority that allows them to spend $20,000 to $35,000 without a formal competitive process. The State’s threshold, however, is up to $200,000 and it’s time we allow the City similar flexibility, a move the de Blasio administration fully supports.

I often hear from constituents that the time associated with a formal competition can discourage M/WBEs, which are mostly small businesses, from going through a lengthy procurement process for projects that are small and offer only a slight profit margin. The loss of time and resources M/WBEs shoulder during the competitive process can hinder their growth. This is compounded by the fact that this is a subset of small businesses that have historically been at a competitive disadvantage. To address this problem, my bill will significantly raise the City’s threshold for discretionary spending to be more in line with the State’s.

This provision would help the City make swifter progress in addressing the historical and current impact of discrimination, and would help M/WBEs build capacity and the experience needed to successfully bid and perform on City projects.

To my colleagues in the Senate: small businesses are the backbone of any successful economy. They hire locally and reinvest in their communities. All of our local communities and businesses should have the opportunity to flourish. Please join me in giving the City and its M/WBEs these much needed tools.

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Marisol Alcantara is a state Senator whose district includes Washington Heights, Inwood, and the Upper West Side. On Twitter @NY31Alcantara.

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