Long Island

Politics

ny-levy

Nicholas Spangler

Suffolk County faces a lawsuit demanding the return of $198 million diverted from a sewer fund to help finance county operations. 
The suit, filed Monday in Suffolk County Supreme Court by lawyers for the Long Island Pine Barrens Society and Kings Park Community Association, would invalidate a 2020 county law that authorized a $44 million transfer from the fund and repealed requirements that the county replenish $154 million it had previously borrowed from the fund. 
That law was approved by voters. The repayments were to have been made under a 2014 settlement from a previous lawsuit by the Society, an advocacy group focused on protecting open space and drinking water. "The county attempted to unilaterally repudiate its obligations under that decree — that’s just illegal," Paul Sabatino, a lawyer representing the Society, told Newsday Friday. "Whether you do it with voters or without voters, you can’t unilaterally repudiate a court order or binding settlement agreement." 
He called the settlement an effort "to restore the rule of law and preserve the integrity of voter-approved referenda." 
The suit also would invalidate portions of a county resolution setting rates for a Kings Park sewer district the county plans to expand to serve that hamlet’s downtown. Voters there last month approved the expansion, along with sewer rate increases. The suit argues that sewer fund money should have been spent to stabilize rates instead of on general operating expenses. County officials have said the changes were needed to update an outdated billing system that kept rates far below what most other Long Islanders pay and would have meant some homeowners paid more than businesses. 
The complaint also names individual plaintiffs including Richard Amper, the Society’s executive director. 
In an email, a county spokeswoman wrote: "Dick Amper’s bizarre lawsuit seeks to thwart the will of the voters, undermine downtown revitalization in Kings Park and force homeowners there to pay higher sewer taxes while obstructing the historic progress the County has made in protecting water quality." 
Amper told Newsday "the county has done a second-rate job of protecting water quality and probably shouldn’t be bragging about it." 
In the teeth of the pandemic and a statewide economic shutdown in 2020, County Executive Steve Bellone argued the county needed to use the sewer fund to avoid service cuts and layoffs. 
After voters approved the measure by 348,357 to 301,407, Bellone called the results "a victory for Suffolk taxpayers, our police and essential employees." 
Sabatino and Amper had both warned they might challenge the results of the vote in court, renewing a nearly decade-old legal skirmish over the sewer fund. 
Established in 1987 by the county legislature, the ¼% County Drinking Water Protection Program for Environmental Protection, was intended to use sales tax revenue for water quality protection, land acquisition, and stabilization of property taxes and sewer district taxes like those in Kings Park. 
In 2011, the legislature and former County Executive Steve Levy withdrew $29.4 million from the sewer fund to balance the budget. The Society sued and in 2019 a judge ordered the county to return the money. 
In 2013, the legislature and Executive Bellone withdrew $171 million to offset pension costs and bond payments, according to the complaint. The Society sued again. According to the complaint, after the 2014 settlement, the county in 2018 began what was to have been a series of annual repayments that totaled just $17 million. In 2020, it withdrew a $12 million payment, and last year it made no payment. 
The civic group named as a plaintiff in the suit, the Kings Park Community Association, is not affiliated with the Kings Park Civic Association, whose leadership advocated for passage of the local sewer referendum. 
Community Association president Mike Rosato, a staffer for County Legis. Rob Trotta, a staunch Bellone critic, told Newsday his group brought the suit after county officials "raided" the sewer fund and quadrupled local sewer rates. "It's that frustration over what transpired that forced us to make this move," he said. Rosato's group supported the sewer referendum, he said.

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Suffolk sued for diverting $198 million from sewer fund

Suffolk sued for diverting $198M from sewer fund

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<h3>Reckless driving</h3> 
Aug. 1: This is becoming an all-too-familiar occurrence. Vehicles speeding on almost all streets and highways, trying to jump in front of so many vehicles. Weaving between lanes, sometimes even passing on the shoulder, and crashes. The common denominators? Lack of enforcement and disrespect for traffic laws. We need more state troopers on our parkways. 
— Charles F. Gyss, Dix Hills 
Aug. 1: It was sad, depressing and discouraging to read about the deaths of innocents caused by reckless and/or DUI drivers. It appears that our destinies are in the hands of either reckless gun owners or reckless drivers. We have allowed the two to become epidemics. 
— Sharada Jayagopal, East Williston 
Oct. 7: The majority of fatal accidents are caused by driving under the influence, driving while distracted or reckless driving. Those who call for rumble strips, etc. to alert inattentive drivers are missing the point. These drivers aren’t going to be affected by changes to our roadways because they’ve already adopted the wrong approach to driving or have made the fateful decision to drive impaired. With ride-share services only a click or phone call away, there is no more excuse for our many road tragedies. 
— Matthew Mariano, Long Beach 
<h3>Proud Boys march</h3>

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Dec. 5: Seeing the Proud Boys moving past the former home of South Nassau Communities Hospital’s WTC Family Center made me cringe. Observing the Proud Boys in the heart of Rockville Centre, I couldn’t help but wonder, "How could this happen here?" Then, I remembered the voices of friends who told me they said the same thing before their respective democracies fell to dictatorship. 
— Laurie Nadel, Long Beach 
Dec. 5: Whatever happened to the First Amendment right to free assembly? You do not have to agree with them, but peaceful assembly should be encouraged in a democracy. 
— Roy Sperrazza, Northport 
Dec. 5 
It is significant to point out that left-leaning groups, unlike the Proud Boys, do not wear T-shirts saying "Camp Auschwitz" or other antisemitic slogans. 
— Herb Leibow, Melville 
<h3>COVID-19, vaccine, stimulus relief, the waits</h3>

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Jan. 22: You think the Democrats will turn us into socialists? Socialism is embedded into our society. If you served in the military and used the Department of Veterans Affairs, that’s socialism. Received a stimulus check, unemployment or food assistance? Socialism. So are Medicare, Medicaid and Social Security. If you want nothing to do with socialism, opt out. 
— Mark Stysiack, Ridge 
Feb. 3: So many people are angry and outraged about how slowly vaccinations are being distributed and spending hours online trying to get an appointment. Why the panic? I’m 71 and will wait until the vaccine becomes more available, which I’m sure will happen in the months ahead. The rolling out of this vaccine to millions across the country and the world is a monumental undertaking. There are bound to be delays, mistakes and misguided decisions. Have patience. 
— Jeanne Jorgensen, Merrick 
Feb. 14: My wife had a Jan. 30 vaccine appointment at Jones Beach. I could not get one until Feb. 11. My wife’s was postponed until Feb. 2 because of cold weather, then again to Feb. 7 and reassigned to Stony Brook. In what universe does it make sense to make couples 75 and older make two trips on different days to sit on two lines for the same 30-second shot? 
— Bruce Berman, East Northport 
May 16: The past year, my four children have played in every single room of my house and outside. With the vaccine, full economic reopening is around the corner. A reopening will let us get back to normal. After a year of stress and constant work, that sounds pretty great to me. My family will spend time at camp and on our beaches, exactly the return to normal we’ve been waiting for. 
— Maureen Jimenez, Glen Cove 
July 23: U.S. citizens have the right to decline COVID vaccinations even though it endangers their health and others. But while the right not to be vaccinated stands, New York State has the authority to protect the health of others. 
— Dr. Steven Jonas, E. Setauket 
<h3>School bus cams</h3>

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March 30: An average of 17,000 U.S. children under the age of 17 visit emergency rooms for school-bus-related injuries yearly. An average of 128 school-related transportation fatalities occur yearly, and 98 school-age pedestrians were killed from 2007 to 2016 in school-transportation-related crashes. If cameras on school buses prevent drivers from passing and save even one life, they are worth it. 
— John Ward, Centereach 
Nov. 21: I am a school bus driver who transports children with special needs. "Stop" means stop, whether the sign is attached to a bus, a crossing guard is holding a stop sign, or a stop sign is in front of you on a corner. Having cameras on school buses is a fantastic idea. Two or three cars pass my bus every week, and their drivers love to speed. I wish my bus had a camera. 
— Diana Carannante, E. Meadow 
<h3>Wind and energy</h3>

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July 26: After the dreadful performance of PSEG Long Island under LIPA’s supervision during Tropical Storm Isaias last year, we have as much trust in these organizations as there was available electricity during that storm. 
— Susan Haines, Huntington STA. 
Sept. 14: Who would have expected so much devastation on Long Island from the remnants of Hurricane Ida, which first made landfall over Louisiana? I was prepared a week earlier when Tropical Storm Henri took aim at Long Island but was shocked when I woke up to reports of unprecedented flooding from remnants of Ida. Like Superstorm Sandy, this is another wake-up call. 
— Todd Levy, Dix Hills 
Dec. 2: Solar power should be encouraged, but those who choose solar are connected to the grid, and they need to help pay for its maintenance. 
— Dave Pedersen, Nesconset 
Dec. 2: To replace all the energy that a typical home or business receives from the gas distribution system and fuel-oil deliveries, the capacity of their electric services would have to at least double. The electric distribution system would have to be redesigned and rebuilt. Shutting all the fossil fuel generating plants means a new transmission system would have to be designed and built. 
When the cost of all this is added into the electric rate base, only millionaires will be able to pay their electric bills. 
— Charles Berry, Merrick 
<h3>Mail service</h3> 
July 30: As a Long Island letter carrier for 32 years and now retired, I am appalled at the general disarray the post office is in. When I talk to former co-workers, I hear of mail being left behind for days, routes not delivered, forced overtime and a general disregard for service guidelines. It is time to put the service back into the post office. 
— Brian Bies, East Meadow 
July 30: I have worked 33 years with the post office. Everything nowadays is automated, and this is a major problem. It slows the speed that mail moves. Wrong barcodes are applied on mail at an alarming rate. Machines constantly send packages addressed correctly to wrong installations. We are top-heavy in management and rely too much on useless data. 
— Lawrence Levine, Westbury 
Oct. 13: Instead of slowing first-class mail service and raising the cost of stamps, reduce mail delivery to residential customers to three days a week. We don’t need Saturday deliveries. Many receive bills electronically and do not rely on mail as much as in the past. 
— Marguerite Connell, Wantagh 
<h3>Barney the bull</h3>

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July 26: We have the famous Mastic bull hiding somewhere in plain sight. He was on the slaughter list and gave everyone the horns on the way out. He knew his days were numbered and made a fast getaway, a bull in the ’hood story. So Mastic is finally on the map, not for crime, not for some horror story, but for a bull with a mark on his head, making his way through thepotholed streets. 
He’ll go down in history. Just think:We’ll now have a Bull Run Day, when residents can mark their calendars tohonoring the Mastic bull on the lam. 
— Frank Knight, Mastic 
July 26: I’ve been out day and night searching for Barney the bull the bull, with headlamps, thermal imaging devices, tranquilizers and even a net gun. The support Barney has received from the community has been overwhelming, and almost everyone keeps askingpeople ask what theyhwohow they can do to help rescue efforts. My answer: Stop eating animals. 
— John Di Leonardo, Malverne 
<h3>Gabby Petito</h3>

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Oct. 7: The tragedy of Gabrielle Petito and Brian Laundrie is haunting me. Two young people being thrown together for 24 hours every day is a powder keg. 
They were young, and apparently had not matured or learned about commitment and compromise. 
Even most newly married couples don’t spend 24 hours together every day. They work, raise children, socialize with others, and they don’t always get along. 
The unbroken proximity fed the frustration and appears to have led to violence. 
— Irma Gurman, Smithtown 
<h3>Unemployment line</h3> 
May 4: It is absolutely appalling to me that former Suffolk County District Attorney Thomas Spota, former Suffolk County Police Chief James Burke and former Suffolk anti-corruption unit chief Christopher McPartland could be so corrupt for so many years without being exposed. The cover-ups and corruption It reads like a story from a Third World dictatorship and is beyond comprehension for Suffolk County. I always wondered why Steve Levy had decideddidn’t notrun for a third term as Suffolk County executive. After learning of their alleged vendetta against him, we know. 
— Al Lane, Yaphank 
May 31: A reader conflates dating behaviors with inappropriate workplace behavior. By state law, these encounters are strictly prohibited in the workplace, as outlined by Gov. Andrew M. Cuomo’s own sexual harassment policy. These were not women looking for a date. They were employees in the workplace allegedly made to feel uncomfortable by their boss, arguably the most powerful person in New York State. The burden is on the perpetrator of the behavior, not on the person who is forced to endure the harassment. 
— Keith Scott, Centerport 
May 31: We need to slow down, take a deep breath, and let the system take its course with the allegations surroundingaround ov. Andrew M. Cuomothe governor. I’  m not defending the governorhim, howeverbut it is not a well-kept secret that he is a demanding boss, perhaps a bully, to those around him, including his cabinet. 
— James P. Kelly, Huntington 
<h3>CRT, teachers, cams</h3> 

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June 4: I was appalled by parents before the Smithtown School District board. Not only do they not understand the legal imperatives of educating our children about actual American history, warts and all, their objections to learning about racial inequality defies reality and is quite frightening. Our children must learn and accept the truth and fact. 
— Judith Rosen Lipner, Dix Hills 
June 30: I am not a racist. I’m fed up with hearing that because I’m white I’m somehow a racist. I’m not a racist if I say all lives matter. I’m not a racist if: I say that critical race theory is racist and teaches our children to see the color of one’s skin and not the character of one’s person; I call out the "woke" generation and say they are racist for only seeing color and not humanity; I admit that we have racist problems in our country that affect Blacks, whites, Latinos and Asians; I believe there should be standards to enter prestigious schools. And I’m not racist if I ask those who see only our warts that if they think a better country is out there, go! 
— Eileen Fleischman, Plainview 
July 4: I work in health care, which has numerous updates, policy changes and improvements. Never are we compensated with more money for doing what we were trained to do. So Nassau County patrol officers claim they must be paid to adapt to new job standards? 
— Vicki Appel, Massapequa Park 
July 12: I cannot believe a reader complained that teachers’ salaries are too high. Whether or not you agree with extra pay for Nassau County police officers wearing bodycams, conflating that issue with educators’ salaries is absurd. 
— David Shaw, Valley Stream 
July 12: Try being in a classroom to see challenges educators faced this past year, and the toll it took on their personal and professional lives. Teachers were bunched together in one room to review work, eat lunch, etc. They earn every penny. 
— Camille Morselli, Islip Terrace 
Nov. 9: A reader complained that teachers earning $100,000 are underpaid compared with Nassau County police officers who make $104,000. The police put their lives on the line every day, and they do not get time off for spring or winter breaks plus the whole summer. If I were a teacher, I would be happy to earn this salary. 
— George T. DeSpirito, Williston Park 
<h3>Legalizing marijuana</h3> 
June 4: For those of us who delight in breathing fresh, clean air after the pandemic, a new air pollutant has emerged: marijuana. I am not opposed to the state legalizing medical marijuana. But, just as like cigarette smoking and secondhand smoke, it can affect the lungs of nonsmokers, the smell of marijuana has now been drifting in the air, and it’s getting harder to stay upwind of it. I applaud Nassau County lawmakers who voted to ban marijuana use on county property on county property. 
— Vivienne Lenk, Little Neck 
Dec. 1: So liquor stores and beer distributors are OK, but not pot dispensaries? So much for extra tax revenue. 
— Chris Carman, Amityville

Opinion

Letters

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Letters of the year

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Mark Harrington

Newsday in a new court filing dismissed former Suffolk County Executive Steve Levy’s latest attempt to keep secret his non-prosecution deal as "beyond the pale," and urged an appellate panel to allow the newspaper to intervene in a case involving its own document request. 
Since May, Levy has filed hundreds of pages of court documents, seeking to block the Suffolk County district attorney from releasing to Newsday the 2011 non-prosecution agreement with former District Attorney Thomas Spota that ended Levy’s political career. 
Levy has argued the "under seal priviledged" (sic) label on the document ensures its secrecy even though it contains no terms for withholding public release. 
Levy also has argued that publication of the agreement would harm his reputation, and could jeopardize future district attorney settlements with others. 
Newsday and Suffolk County Attorney Dennis Cohen, who is representing county District Attorney Timothy Sini, say the agreement is fair game under the state Freedom of Information Law, and that its release is squarely in the public interest. 
Spota has since been convicted of federal conspiracy and obstruction charges. 
State Supreme Court Justice Paul Baisley Jr. ruled in July that Levy had to release the agreement. 
Levy appealed the decision to the State Appellate Division, arguing against the document's release. 
In its latest reply brief, Newsday argued, "Beyond a legitimate interest in reporting generally on the activities of these public officials, Newsday has a valid and specific interest in informing the public about their [Levy and Spota’s] secret deal, which Levy himself claims to have sprung from a 'political coup' against him." 
The brief continues: "Levy’s insistence that the public should never be allowed to know the facts surrounding this coup is beyond the pale." 
Newsday sought status to intervene in the case after a lower-court ruling in the newspaper’s favor called the intervention request "moot." 
But Newsday argues intervenor status in the appellate court case is necessary to argue for the paper’s position, particularly since Newsday’s document request in February launched the case. 
Newsday also noted it has reported "extensively" about Levy and Spota over the years — not out of "idle curiosity," as Levy suggests in court filings, "but because they were high-ranking public officials, with significant power over the lives of Suffolk County residents and the spending of their taxpayer dollars." 
Newsday noted repeated U.S. Supreme Court rulings supporting the nation's "profound … commitment to the principle that debate on public issues should be uninhibited, robust and wide-open." 
A "‘political coup’ through which a now-disgraced District Attorney ousted a popular County Executive surely qualifies as a ‘public issue,’" Newsday argued. 
"Keeping facts surrounding that coup secret only prevents the ‘uninhibited, robust and wide-open’ debate that is properly needed," the paper said.

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Newsday court filing: Steve Levy's latest demands for secrecy 'beyond the pale'

Newsday court filing: Levy secrecy demands 'beyond the pale'

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<h2>Woods and Ryder’s beliefs on same page</h2> 
During an interview with NBC Sports on Saturday about his science, technology, engineering and math program for assisting underprivileged youth, golfer Tiger Woods said he had the great benefit of two supportive parents. He added that many participants in his program did not have that advantage and started "under the curve," needing extra help that he hoped to provide through the STEM program. 
In June, Nassau Police Commissioner Patrick Ryder was severely criticized by some politicians and community leaders when he also said he had benefited from having two supportive parents while many unsuccessful candidates for the Nassau County Police Academy suffered from a lack of two supportive parents and started off at a disadvantage that he was trying to correct ["Ryder rejects calls for his resignation," News, June 19]. 
Woods and Ryder seem to be on the same page and should be commended for their honesty and desire to help correct inequity. Ryder was almost fired. 
I wonder if NBC is considering not having  Woods back on TV. 
— William J. Bennett, Huntington 
<h2>Politicians’ actions should be public </h2> 
Former Suffolk County Executive Steve Levy’s lawyers said releasing his "non-prosecution agreement" from 2011 would have an unconscionable chilling effect on future settlements ["Levy’s latest push to keep DA deal secret," News, Dec. 1]. 
What I find unconscionable is how anything related to a person’s public service can be kept from the public. Politicians choose public office, and everything they do should be made public. Maybe politicians would behave better if they know that. 
— Bob Ranieri, St. James 
<h2>Ronkonkoma Hub needs local input </h2> 
To ensure the success of the latest proposal for the Ronkonkoma Hub, which is appropriately scaled down from the project’s first troubled iteration, Suffolk County must commit to openly encouraging community input throughout the entire planning and development process ["Ronkonkoma Hub plan great start," Editorial, Dec. 3]. 
Community participation is essential to the success of any urban planning effort, and the long-awaited goal of creating a direct link between the Long Island Rail Road and Long Island MacArthur Airport is simply too important for the region’s economic future to fail due to a lack of proper public outreach.  In 2018, Newsday published my op-ed   that urged policymakers to stop crafting such plans in secret backroom deals and get back to regional cooperative thinking. 
While there is still progress to be made on that front,   it’s encouraging to see positive momentum begin to build for this key area of the region. 
— Richard Murdocco, Commack 
The writer is an adjunct professor of planning at Stony Brook University. 
  
<h2>Let’s get rates up in Suffolk low-vax areas</h2> 
For several weeks, I have been amazed that the daily vaccination rates by ZIP code lists Moriches, Mastic, Mastic Beach and Yaphank, among others, as still under 60% ["Vaccination rates by LI zip codes," News, Dec. 6]. Why can’t the Suffolk County Department of Health blitz these areas and get the percentages up to a safer level? 
— Francis Humanick, Aquebogue 
<h2>Let’s know the extras in infrastructure bill </h2> 
I am a Republican, and I believe that most of the infrastructure bill is good for everyone ["Infrastructure bill helps left and right," Letters, Nov. 30]. My objection is to all the extras that have nothing to do with infrastructure. 
They need to tell us exactly what all these extras are. And it is naive to think it is not going to cost us one cent. 
— Eileen Cuomo, West Hempstead 
<h2>Shopping locally isn’t what it used to be </h2> 
Articles encourage us to shop locally ["Hoping for big things," LI Business, Nov. 27]. 
So I decided to go to Main Street in Farmingdale to get a jacket or a warm sweater, but the Mid-Island Department Store was not there, so I thought I would go to Wally’s Hardware to replace some leaking fittings under the sink, but Wally’s was not there. 
I then took my grandson to the Buster Brown store for   shoes, but that store was not there. I then decided to go to the jewelry store to get my wife the bracelet she wanted, but that store was not there. 
I crossed over Conklin Street to go to the paint store, but I forgot that it wasn’t there, either. Oh, well. I decided to relax and  see a movie   with a good admission price, but, alas, the theater is now a law office. 
I tried hard, but I couldn’t shop locally. Instead, I could eat and eat  at the proliferation of restaurants and bars. 
— Norman Cohen, South Farmingdale

OPLTR211207

Parenting issues, transparency, Ronkonkoma Hub and more

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Public release of former Suffolk County Executive Steve Levy’s two-page non-prosecution agreement would have an "unconscionable chilling effect" on county prosecutors’ attempts to reach settlement agreements in the future, lawyers for Levy argued in his latest court filing. 
In a reply brief filed earlier this month, Levy’s lawyers pushed back on arguments by Suffolk DA Timothy Sini and Newsday that public release of the 2011 agreement that ended Levy’s political career is both a lawful exercise of the Freedom of Information Law and in the public interest. Levy agreed to the settlement of former DA Thomas Spota’s 16-month criminal investigation of his campaign finances by forfeiting his $4 million campaign fund and agreeing not to run for his seat in the future. Levy was never charged with wrongdoing. 
Details of the agreement had never been released until Levy was quoted in a 2020 Newsday editorial in which he opened up about deal, expressed regret he ever signed it and downplayed its findings. "It was not a death-penalty item," he said, but more along the lines of using county phones or computers for campaign purposes. 
Newsday, citing those comments, filed a Freedom of Information request in February, and, after Sini’s office moved to comply, Levy filed suit to block it. A Suffolk Supreme Court judge ruled in Newsday’s favor this summer, but Levy in July filed an appeal in the state Appellate Division, arguing that the document should remain secret because a cover page listed it as "Under Seal Priviledged (sic) and Confidential Non-Prosecution Agreement." Sini’s office argued, and a lower court judge agreed, that the document itself includes no stipulation for sealing. 
In his reply brief, Levy argued there was no need for such a "redundant" language. 
He called the lower-court ruling ordering release of the document "an abuse of judicial discretion" because of its "disregard for the promises made" by the DA’s office. He also noted that "multiple New York cases" calling for upholding prosecutors’ promises of confidentiality weigh in favor of keeping his agreement with Spota secret. 
"Allowing the current district attorney to void a promise made by a previous district attorney to a party who detrimentally relied on such promise will have an unconscionable chilling effect on those in the future who would otherwise readily enter into settlement agreements with the district attorney," his lawyers wrote. "Mr. Levy has demonstrated a legitimate privacy interest as an individual subjected to investigation without arrest or charge. This privacy interest exempts the Confidential NPA from disclosure pursuant to FOIL." 
Suffolk County Attorney Dennis Cohen in his Appellate brief argued that there are no special exemptions that apply to Levy’s case under FOIL, that the paper itself contains "no promises of confidentiality" and that Levy himself publicly discussed the case. In the end, he argued, "the balance clearly weighs in favor of the public’s right to know." 
Levy’s lawyers countered that "although the circumstances preceding the [agreement] may be a point of fascination to the public, these circumstances involved a nefarious plot referred to as ‘killing Levy’ — one that extended beyond Mr. Levy’s role as a public official and inflicted harassment upon him, his family, and his associates." Levy alleged Spota masterminded a plot to end his career. 
Levy’s lawyers also argued that while public officials "may have a diminished expectation of privacy, a certain level of privacy still remains and should not be disregarded." 
Further, they said, Levy is "no longer a public official," out of politics for a decade and "no longer in a position of power or influence." 
"Mr. Levy is an individual who has given up his life’s work to protect not only himself, but his family and associates from an admitted coup attempt designed to destroy him," they said. "As a matter of fairness, Mr. Levy should be entitled to the promise of confidentiality that induced his sacrifice."

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Levy makes latest push to try to keep agreement with Spota secret

Levy makes latest push to try to keep Spota deal secret

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Tom Rock

<h2>GIANTS (3-6) at BUCS (6-3), 8:15 p.m., Raymond James Stadium</h2> 
<h3>VITALS</h3> 
Line: Bucs by 11; O/U 49.5 
TV: ESPN (Steve Levy, Brian Griese, Louis Riddick) 
Radio: WFAN-660 AM (Bob Papa, Carl Banks, Howard Cross); Westwood One (Kevin Harlan, Tony Boselli); Sirius 81; XM 226. 
<h3>KEY INJURIES</h3> 
Giants: Out: LB Lorenzo Carter (Illness/ankle), DB Nate Ebner (knee), DB Logan Ryan (reserve/COVID-19), WR Sterling Shepard (quad); Questionable: RB Saquon Barkley (ankle), RB Devontae Booker (hip), FB Cullen Gillaspia (calf), TE Kaden Smith (knee). 
Bucs: Out: WR Antonio Brown (ankle); Doubtful: NT Vita Vea (knee); Questionable: TE Rob Gronkowski (back), CB Dee Delaney (ankle/concussion), DT Rakeem Nunez-Roches (ankle). 
<h3>QUOTABLE</h3> 
"Yep." – WR Kenny Golladay, asked if he thinks the Giants are capable of making a playoff push. 
<h3>INTANGIBLES</h3> 
The world may be in awe of Tom Brady’s longevity, but the Giants are not surprised by another Buccaneer who just keeps going. Jason Pierre-Paul’s career began as their first round pick in 2010. "The skillset, it’s elite," said Giants defensive coordinator Patrick Graham who was the team's defensive line coach when Pierre-Paul played there. "There are not too many human beings walking around on this planet that can do what he does and do it when he’s got injuries . . . He’s a different human being. He’s just different." The Giants traded Pierre-Paul to the Bucs in 2018. He’s had a number of serious injuries impact not just his career but his life, including a car wreck that left him with a neck fracture and the infamous fireworks accident that blew off half of his right hand. Bucs coach Bruce Arians called Peirre-Paul "the ultimate warrior." This season he is dealing with a shoulder injury but is expected to play Monday. "I’m not surprised because he’s a good player," Graham said of Pierre-Paul’s productivity at age 32. "I’m happy for him. I just hope on Monday that it doesn’t go too well." 
<h3>FANTASY PLAY</h3> 
Rob Gronkowski, Bucs TE: Gronkowski has missed five games with cracked ribs, a punctured lung and multiple back spasms, but he practiced in full on Thursday and Friday. Pre-injury, he had 16 catches for 184 yards and four TDs in three games, so assuming he’s back to form, he should continue to be a reliable target for Tom Brady against a defense that has been middle-of-the-road against tight ends. -- NICK KLOPSIS 
<h3>NUMBER, PLEASE</h3> 
109.8: Passer rating for Giants QBs when targeting Kadarius Toney, the highest mark among all rookie WRs this year. Toney is one of five rookies who came into this week leading their team in receiving yards (he has 352) despite playing just 44 percent of the Giants’ offensive snaps.

Sports

Football

New York Giants

spGRAIL211122

Giant vs. Buccaneers Week 11 preview: Everything you need to know about Monday night's game

Giants-Bucs preview: Everything you need to know

Green Bay Packers v Tampa Bay Buccaneers

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Neil Best

"It’s enough already!" Steve Somers said on Monday as he fended off one last attempt at praise. "After 34 years, that’s enough of this guy. Out with the old, in with the new!" 
Well, that has been part of the point over the past two years as WFAN has undergone a generational transition in which most of the station’s remaining late-1980s originals have left. 
But as Somers’ farewell hour-plus illustrated, that process can be emotional, given the ties longtime staffers have with one another, and more importantly with listeners. 
That was as true with Somers, 74, as anyone, given his unique style and empathetic approach, particularly during the wee hours that were his specialty. 
Longtime fan Jerry Seinfeld opened the farewell show’s calls by thanking Somers on behalf "of all the sports fans that enjoy your rhythms, your humor, and I would say especially your kindness and humanity. You always try to be decent in your shows, and I always thought that was very refreshing." 
Somers’ final full show was Friday night, but WFAN gave him an additional hour to say goodbye starting at 1 p.m. Monday, which bled into the first 20 minutes of "Carton and Roberts." 
Those who took part in the finale included Seinfeld, former Yankee Bernie Williams and WFAN luminaries past and present, including Mike Francesa, Mark Chernoff, John Minko, "The" Eddie Scozzare, Rich Ackerman, Steve Levy and Paul Arzooman — who worked with Somers on his elaborate audio creations. 
Francesa praised the "incredible impact" Somers had on the station. He called Somers as big a part of WFAN "as anyone who has ever stepped through the doors." 
Afterward, Somers joked, "I’m surprised Mike didn’t refer to me as a ‘compiler’ for lasting 34 years." 
Minko said Somers’ impact was "immeasurable." 
"The attention has been overwhelming, certainly surreal," Somers said of the outpouring of support in recent weeks. "You can make the argument over the top, too. 
"But know this: So much, absolutely, appreciated. For those I did not put to sleep late at night, the heart and the thanks goes to you. With love and plenty of respect, always, I’ll never forget you for making the last 34 years the happiest of my life." 
Seinfeld called in from Hollywood, where he said he is making a movie about the invention of Pop-Tarts. Somers did get Seinfeld to make one comment about his beloved Mets: 
"You have to give [owner] Steve Cohen a chance. I’ve met him, I like him, I think he’s very smart. I think he’s motivated, but this is a new world for him, so you have to give him a chance." 
Scozzare made a wisecrack about Somers now joining the "involuntary retiree club for FAN" with Minko and Chernoff. Somers had hoped to continue working but not on the overnight shift, which is what he was offered. 
Eventually Somers decided the tribute had started to sound too much like a eulogy. He tried to hand the baton to Craig Carton, but Carton insisted he say goodbye alone in the studio one last time. 
Somers thanked his listeners, wished them "the best of everything" and encouraged them to continue "listening to the best talk radio station in New York City and in America." 
Then, as he did early Saturday, he ended it with Vera Lynn’s classic recording of "We’ll Meet Again."

Media

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One final farewell to 'Schmoozer' as Steve Somers hosts his last hour on WFAN

One final farewell to WFAN's 'Schmoozer'

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<h3>VITALS </h3> 
Line: Kansas City by 10; O/U 52 
TV: ESPN, WPIX (Steve Levy, Brian Griese) 
Radio: WFAN-660 AM (Bob Papa, Carl Banks, Howard Cross); Westwood One (Kevin Harlan, Kurt Warner); Sirius 81; XM 226. 
<h3>INJURY UPDATE </h3> 
Giants: Out: RB Saquon Barkley, LB Lorenzo Carter, LB Carter Coughlin, DB Nate Ebner (ankle), WR Kenny Golladay (knee); Questionable: WR Sterling Shepard (hamstring), TE Kaden Smith (knee), WR Kadarius Toney (ankle). 
Kansas City: Out: LB Anthony Hitchens (tricep), DT Khalen Saunders (knee); Questionable: OT Mike Remmers (knee), CB Charvarius Ward (foot). 
<h3>QUOTABLE </h3> 
"They could probably put a 4x100 team together and beat half of the college teams around." — Special teams coordinator Thomas McGaughey on Kansas City’s overall speed. 
<h3>FANTASY PLAY </h3> 
Darrel Williams, Kansas City RB: The Giants are averaging 26.76 points allowed to opposing running backs, mostly because they have given up the fourth-most rushing yards (788) in the NFL. Williams, in place of the injured Clyde Edwards-Helaire, had 21 carries for 62 yards and two touchdowns in Week 6, and if the game script goes Kansas City’s way, he could see similar numbers on Monday night. —Nick Klopsis  
<h3>INTANGIBLES </h3> 
The Giants have scored 13 first-quarter points, the league’s second-lowest total behind the Jets (seven after Sunday’s game). But the Giants have allowed only six points in the first 15 minutes, which is also the second-lowest figure (Buffalo, three). The 19 combined first-quarter points are easily the NFL’s lowest total (Steelers and opponents have 33). Kanas City has allowed an NFL-high 49 first-quarter points. 
<h3>NUMBER, PLEASE </h3> 
14: Years since the Giants have beaten a team that lost the previous year’s Super Bowl. That was a 2007 victory over the Bears. Of course they have only played (and lost) three such games since, the last coming last year against the 49ers. In their history they are 6-20 in the regular season against Super Bowl losers.

spGRAIL211101

Giants vs. Kansas City Week 8 preview: Everything you need to know for Monday Night Football

Giants-Kansas City preview: Everything you need to know

Bills Chiefs Football

Newsday joined the Suffolk District Attorney’s Office in opposing an effort by former County Executive Steve Levy to keep secret the 2011 agreement that ended his political career, urging the court in an appellate brief to reject Levy’s effort "to keep the public in the dark." 
Newsday also requested the state Appellate Division reverse a lower-court ruling that denied Newsday’s request to intervene in the case, noting that the case itself was initiated by a Newsday Freedom of Information Law request for the agreement in February. 
Newsday in that February filing cited Levy’s own public statements about the non-prosecution agreement he signed with former Suffolk District Attorney Thomas Spota in arguing that the document should be made public, particularly given the high public interest in the case. In an appellate brief filed last week, Suffolk County Attorney Dennis Cohen, arguing the case on behalf of Suffolk DA Tim Sini’s office, noted that Levy himself "did not treat the document as confidential." 
Levy in a 2020 Newsday opinion piece described the charges against him in the agreement as "more along the lines of using county computers and telephones for campaign purposes, rather than as a ‘death penalty item’ or as ‘something nefarious.’ " 
Suffolk County Supreme Court Justice Paul J. Baisley Jr. in July ordered Levy to release the agreement, noting that the document itself did not include language for keeping it secret. Lawyers for Levy argue that the document’s title page, which said "Under Seal, Privileged and Confidential," was enough and that any further language would have been "redundant." 
In arguing to be permitted to intervene in the case, lawyers for Newsday argued it has an "undeniable interest in the matter, as the question of whether the Suffolk County District Attorney may disclose documents in response to Newsday’s FOIL request is the central one at issue in this case." 
Newsday further argued that Levy has "no legitimate privacy interest" that would preclude the document’s release, noting his "prominent position in government and the intense and valid public interest" in seeing the agreement. 
"Levy’s arguments about his entitlement to privacy and his alleged 'injury to reputation' are particularly weak given that, unlike an 'ordinary' public servant, Levy was the county executive," Newsday lawyers argued. " … His powerful position at the top of the county renders his privacy interests even more diminished than those of other public servants." 
Levy agreed to the non-prosecution deal with Spota following a 16-month investigation in 2011, forfeiting his $4 million campaign war chest and agreeing not to run for reelection. Spota has since been convicted of federal obstruction and conspiracy charges in an unrelated matter and is scheduled to begin a 5-year prison sentence in December. 
Newsday argued the solution to Levy's concerns about damage to his reputation is to "speak out about the [non-prosecution agreement], not for him to demand that this important public document stay secret forever." 
The brief notes Levy's own claims about Spota's alleged "political coup" and "malicious investigation" against him and said the document reflecting those claims "should be brought into the light of day." 
"The public is entitled to answers about this entire ordeal," Newsday lawyers wrote, "none of which should ever have been secret in the first place."

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Newsday opposes Levy effort to keep his 2011 deal with Spota secret

Newsday opposes Levy effort to keep agreement secret

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A lawyer for the Suffolk County District Attorney’s Office Friday argued for the release of former County Executive Steve Levy’s 2011 nonprosecution agreement to Newsday in a lengthy appellate brief that noted Levy himself "did not treat the document as confidential." 
Suffolk County Attorney Dennis Cohen, in 497-page Appellate Division brief on behalf of DA Timothy Sini’s office, dismissed Levy’s latest argument that the agreement’s title page, which called it "Under Seal, Privileged and Confidential," is the chief reason it should be kept secret, noting that the document itself contains no such protections. 
"Levy did not treat the document as confidential, purporting to describe it and the investigation" in an interview with Newsday in 2020, Cohen noted. "Had there been any commitment to maintain the confidentiality of the agreement, Levy would have breached it by openly discussing it with the entity that now is seeking to see its actual terms pursuant to FOIL." 
Suffolk County Supreme Court Judge Paul Baisley, in a ruling this summer that called for release of the document to Newsday, "correctly pointed out that the label or heading of an agreement does not render the agreement confidential when there is no language within the body of the agreement expressing clear intent" to keep it "from being disclosed," Cohen wrote. 
More fundamentally, Cohen wrote, "the public has the right to know why" Levy forfeited his $4 million campaign fund and agreed not to run for reelection. "There has been much reporting and public speculation, to which Levy himself has contributed," Cohen wrote, and there is "public interest in the actions of the former District Attorney [Thomas Spota], who has been convicted and sentenced to a substantial term of imprisonment for covering up the crimes of the former police chief." 
The Levy case stems from a Freedom of Information Law request filed by Newsday in February seeking a copy of the agreement, which Levy reached with Spota in 2011 that required him to relinquish his $4 million campaign fund, ending his political career. Levy in May filed suit against Sini’s office just as he was preparing to release it. After Baisley's decision, Levy in September appealed the ruling to the state Appellate Division. 
In a statement Friday, David Besso, Levy's lawyer, in an apparent reference to a second Newsday Freedom of Information Law request seeking all investigatory material in the case, wrote, "Our appeal opposes a FOIL request that seeks a release of all materials — not just a two-page document — gathered from a spying operation in a coup attempt against the county executive." 
Besso added, "No sane individual would be OK with exposing every word and movement you and your family made over a malicious spying venture." 
Cohen noted that Levy previously characterized the allegations against him in the agreement as "more along the lines of using county computers and telephones for campaign purposes, rather than as a ‘death penalty item’ or as ‘something nefarious,’" in arguing it was "not irrational" for Sini’s office to release the document "so the public can determine whether [Levy]’s characterizations were accurate." 
And while Levy may now "wish he had included a confidentiality clause in the agreement," Cohen argued, "in plain terms you cannot bargain your way out of FOIL disclosure." 
In addition to lacking secrecy clauses, the agreement also contains nothing that "could endanger [Levy]’s safety and he is not a source providing confidential information that needs to be protected," Cohen wrote. 
The DA’s brief also challenged Levy’s contention that the agreement was privileged because plea agreements in various jurisdictions are not subject to disclosure. 
"Federal courts have held otherwise," Cohen argued, finding that plea agreements, "absent compelling circumstances, must be made accessible to the public and the press." 
Levy, Cohen wrote, has provided no evidence to support his claim that the agreement should be kept secret "a full decade after it was finalized without ever previously being sealed. There were no public safety concerns or other compelling interests that would have warranted secrecy at the time the agreement was entered into, and there certainly is none now."

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Suffolk DA's office argues for release of secret Steve Levy agreement

Suffolk DA's office argues for release of secret Levy agreement

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Linda Cohn knew that Jimmy Pitaro was a hockey fan who grew up rooting for the Rangers, so when he visited employees in Los Angeles after being named president of ESPN in 2018, she was hopeful. 
"Then one of the first questions that was asked in this town hall meeting was, ‘Which property would you love to see ESPN get?’" Cohn recalled in an interview with Newsday. 
"He didn’t even blink. He didn’t even pause. He said, ‘The NHL rights,’ and he went on from there, and it was like, I got goosebumps. I’m serious. I got chills — positive chills. That’s when I believed it was going to happen." 
It did, in the form of an announcement in March of a seven-year rights deal that was followed in April by a deal with Turner for the rest of the NHL’s national rights in the United States. 
Much about the ESPN contract is a radical departure from the NHL’s 16-year run on NBC, most notably the fact 75 games will stream exclusively on ESPN+ or Hulu. 
That means that six Islanders and four Rangers games will be unavailable for home viewing for those who do not subscribe to one of those services as ESPN continues to build its digital arm. 
The NHL will get more than $600 million per season from its two American TV partners, and the league expected both to promote the sport as they do others in their rights portfolios. 
But beyond that, the new deal hit home on a personal level to many longtime ESPN employees who are hockey fans and never got over the network ceding the NHL to NBC in the mid-2000s. 
That includes Cohn, a Newfield High alumnus who was a goaltender at SUNY-Oswego and since 2018 has hosted a hockey show called "In the Crease" on ESPN+. 
"I kept the light on for the NHL [at ESPN]," she said, laughing. 
Now it is a spotlight, and she has plenty of company as her network gears up to show off its new toy. 
"I can’t wait to see how it all plays out," she said. "It’s going to be a super-duper wake-up call for the average hockey fan and the young hockey fan who doesn’t remember the last time it was on ESPN." 
Steve Levy, a fellow Long Islander and fellow Oswego alumnus, said, "As one of the longstanding hockey-loving members of ESPN, Tuesday night will be an emotional night for me. I remember how emotional it was when we lost hockey the last time. So being on both sides of that has really been quite an emotional rollercoaster." 
Levy and analyst Barry Melrose covered the Stanley Cup Final even when ESPN did not have rights to show it. Now they will be part of a large team. 
The Finals in 2022, ’24, ’26 and ’28 will be on ABC, and TNT has the event in odd-numbered years. 
Sean McDonough will be the lead play-by-play man for ESPN. Rangers radio announcer Kenny Albert is TNT’s lead play-by-play man, and its No. 2 team features Islanders TV announcer Brendan Burke. 
The NHL naturally wants both partners to succeed, and so do ESPN and Turner, although there figures to be a friendly rivalry between the two. 
"They’re going to a great job, and we’re going to try to do a greater job," Turner analyst Ed Olczyk said. "It’s great for the game." 
While many announcers on both networks are veterans of NBC’s hockey crew, McDonough mostly is known nationally for his work on other sports. 
Not to worry. He is another hockey true believer. He recalled growing up in Boston in the 1960s, "like every other kid on my block wanting to be Bobby Orr. I have been a passionate hockey fan my whole life." 
McDonough, a close friend of former Rangers coach David Quinn, first called college hockey for NESN in Boston in the fall of 1984, when he was fresh out of Syracuse University. 
ESPN and Turner hope to make splashes in their studios, too, with the former hiring Mark Messier as an analyst and the latter signing Wayne Gretzky. 
Hockey broadcasters and fans understand they are in the minority in the U.S., which tends to make them more protective of the sport — and more eager to promote and protect it. 
That came across loudly on a series of promotional news conferences ESPN and Turner conducted to spread the word. 
Said ESPN analyst Brian Boucher, "I grew up watching NHL hockey on ESPN, and for me this is surreal." 
Cohn said the new contract has "lit the fire" for even casual hockey fans at ESPN. "Honestly, if they’re not into it, they better get into it and realize the difference between Connor McDavid and David Pastrnak," she said. 
In addition to "In the Crease," Cohn has a hockey podcast with Emily Kaplan and will work occasional games as an intermission reporter. For Friday’s Wild-Ducks game she will report from between the benches. 
"I’m really pumped up for that," she said. "If you would ask me, what are you personally most excited for, what challenge, there’s no question, hands down, it’s going to be between the benches in Anaheim." 
Cohn sought advice from fellow goaltender Boucher, who did that job for NBC. 
"To have at this stage of my career a role that I would get butterflies over, that’s pretty cool," she said. "I’ll have to remind myself and pinch myself and say, ‘Linda, you’re not a spectator here. You actually have to work.’"

Hockey

spnhltv211010

A return of NHL hockey to ESPN gives staffers goosebumps

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To answer your most pressing question first: Yes, if you are an Islanders or Rangers fan who does not subscribe to ESPN+ or Hulu, there will be games this season you cannot watch in your home. 
Ten of them, to be exact —six for the Islanders (the first being Nov. 16 against the Panthers), four for the Rangers (the first being Nov. 26 against the Bruins). 
That is a key wrinkle in the NHL’s new national TV contracts with ESPN and Turner, and one that at least in the short term figures not to sit well with many fans. 
But it is part of the new world of streaming live sports, and of ESPN’s push to expand that world, in this case using the NHL as a lure. (ESPN+ costs $70 a year or $7 a month.) 
ESPN’s overall NHL deal includes 103 exclusive national games — 10 on ABC, 18 on ESPN and 75 on ESPN+ and Hulu. (All ABC games and two ESPN games will be simulcast on ESPN+.) 
Turner’s 50-game package will be on traditional cable television, mostly TNT, and not require a streaming subscription. 
In total, the Rangers have 13 exclusive games on national outlets and the Islanders have 12. 
The two companies will share playoff coverage — all of which will be on traditional cable or broadcast TV — and alternate showing the Stanley Cup Final over the next seven years, starting with ABC/ESPN. 
Another key aspect of the ESPN+ plan is more than 1,000 out-of-market games at no additional cost, which will replace the old (and far more expensive) NHL TV package. 
It will allow, say, a Blackhawks fan living on Long Island to watch that team’s games, other than when they are playing a New York-area team. 
"We saw this as a real opportunity for a very passionate fan base to be able to come to them with, hopefully, a good value proposition to say: This is going to be your one-stop shop for all things hockey," said Ilan Ben-Hanan, ESPN senior vice president of programming. 
"I think a lot of times people are waiting for the catch . . . It is the base package. If you have ESPN+, you will have the out-of-market hockey package. Full stop." 
This is going to take some getting used to for everyone after 16 years of NHL coverage on NBC. 
But simply put, there is only one way to watch every Rangers or Islanders game (not including Comcast customers who currently are without MSG in a carriage dispute.) 
Said Ben-Hanan, "If you’re a cable subscriber, let’s say in New York, you have access to ESPN and Turner and MSG through your cable subscription, and you have access to ESPN+ with your subscription, you’ll get it all." 
It will come at a price, though. 
Here are the basics for the regular season: 
**ABC: 10 games, mostly on Saturday afternoons starting in February, including the All-Star Game, three involving the Rangers and none the Islanders. 
**ESPN: 18 games, two involving the Islanders and one the Rangers. 
**ESPN+/Hulu: 75 exclusive games, on Tuesdays plus Fridays and later Thursdays, six involving the Islanders and four the Rangers, as well a simulcasts of every ABC game and two ESPN games. Additionally, there will be more than 1,000 non-exclusive out-of-market games on the digital service. 
ESPN announcers and analysts include Sean McDonough (lead play-by-play man), Steve Levy, Bob Wischusen, John Buccigross, Leah Hextall, Ray Ferraro, Brian Boucher, Mark Messier, Chris Chelios, Kevin Weekes, Linda Cohn, Barry Melrose, Rick DiPietro, A.J. Mleczko, Cassie Campell-Pascall and Hilary Knight. 
**TNT: 50 games, mostly on Wednesdays, plus seven weeks of Sunday afternoons in March and April, four involving the Islanders and five the Rangers, starting Wednesday with the Rangers visiting the Capitals. 
**Other TNT games: NHL Winter Classic, NHL Stadium Series, NHL Heritage Classic 
TNT announcers and analysts include Kenny Albert (lead play-by-play man), Brendan Burke, Ed Olczyk, Darren Pang, Keith Jones, Wayne Gretzky, Anson Carter, Rick Tocchet and Paul Bissonnette.

spnhltvbox211010

Get ready for a complicated new TV season for the NHL

spISLES210926

<h2>Danger of freedom without responsibility</h2> 
There are many people who need to revisit the phrase: "Freedom is not free." Because there is an appalling lack of personal responsibility in this country ["Hochul: Deadline firm for vaccine mandate," News, Sept. 23]. 
When I was a boy, my dad taught me all about personal responsibility. He told me I was not only responsible for myself in my decisions, but also that my choices have ramifications that could positively or negatively impact the lives of others. 
This seems to be lost on much of the population today and is woefully lacking in many of our feckless "leaders" in Congress. This does not only relate to COVID-19 policies and mask debates, but also issues like climate change, gun safety and the proliferation of dishonesty in our government and some of the media. 
Our freedom is a right we should all cherish, and I do. But freedom without responsibility often leads to anarchy. 
— Jerry Giammatteo, Sayville 
<h3>Just let Levy go off into the sunset </h3> 
Former Suffolk County Executive Steve Levy is just that — "former." Yet Newsday filed a Freedom of Information Law request to pry into an agreement he made when he walked away from his position and relinquished his campaign monies, which was to be "under seal" and "confidential" and "privileged" ["Levy: D.A. deal confidential," News, Sept. 23]. 
Obviously, his arm was twisted or he was threatened so he wouldn’t run for reelection and would just walk away. Why humiliate the man further when he’s no longer in office and gave up so much? 
Where is the oversight when it comes to irrelevant matters? Why not let this former government official go off into the sunset with his secrets intact. Doesn’t he deserve that after "giving in" and not running for office in Suffolk County? 
— Barbara Gilman, Old Bethpage 
<h3>Little certain about Coliseum’s future </h3> 
The column "Excitement finds new home: Belmont" [Opinion, Sept. 22] laments the fact that Nassau Coliseum remains closed. What the essay fails to note is that amid a pandemic that shut down many venues, Nassau Live Center funded almost $7.6 million to pay for operating losses incurred this past year. We absorbed these losses knowing that this historic structure needs to be creatively reinvented if it is to complement Belmont’s new role. 
The columnist seeks "certainty" in defining the future of the Coliseum. That would require knowing the future of the next COVID-19 variant, the investment required to address long-neglected Coliseum amenities, and the approval process required to implement our strategic vision. 
The only "certainty" is that Nassau Live will repurpose the Coliseum in a manner consistent with our pledge to ensure that it fulfills its potential as a vital, exciting and strong economic and entertainment destination for the people of Nassau County. 
— Nicholas A. Mastroianni II, New York 
The writer is manager of Nassau Live Center. 
<h3>Laundrie’s parents should have acted</h3> 
This tragic loss of a beautiful young woman is made even worse by the behavior of others ["Warrant of arrest issued," News, Sept. 24]. If Brian Laundrie’s parents loved Gabby Petito as much as they said they did, then why didn’t they text her parents when Laundrie showed up at home alone? 
All they had to say was that Laundrie came home without Petito and isn’t talking to us — you may want to try to find her. That van was registered to Petito, and Laundrie shows up in the van without her? Why wasn’t that enough for the police to act? Why couldn’t they arrest him for stolen property? 
My deepest sympathies to Petito’s family. Their lives are forever changed. 
— Joan Lazaunik, Great Neck 
I feel the Utah police have blood on their hands for not arresting Brian Laundrie. They witnessed firsthand Gabby Petito’s mental state. You cannot tell me that the police were unaware of underlying bad drama going on. This would not have happened if it took place in New York. 
— Chris Viola-Weiss, Oceanside 
<h3>After the flood, drastic action needed </h3> 
After Hurricane Ida flooded this area with a record rainfall, we can expect severe storms to continue due to climate change. Besides preparing for these events with considerable expense, we must also prevent climate change from worsening. The UN secretary general announced we are at the climate "tipping point" much sooner than predicted, and drastic action must be taken to avoid future catastrophe ["UN chief: ‘The world must wake up,’ " News, Sept. 22]. 
Congress is finalizing a reconciliation bill that includes actions to combat climate change. These include reducing carbon emissions by 50% and requiring the U.S. power grid to be 80% emissions-free by 2030. This bill is our last chance to make a real difference and contain climate change before it is too late. We must not miss this window of opportunity to save the planet for ourselves and future generations. 
— John Day, Bellrose

OPLTR210927

Freedom, the Coliseum, Gabby Petito case and more

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Lawyers for former Suffolk County Executive Steve Levy argued in a court brief Wednesday that the very title of his non-prosecution agreement as "under seal," "confidential" and privileged guarantees his right to keep the document under wraps, despite a lower-court ruling that the agreement itself contained no such considerations. 
In an 853-page state Appellate Division filing, lawyers for Levy called his 2011 agreement an "enforceable contract" and said the promise of confidentiality "should be upheld" under law and "as a matter of fairness." 
Levy’s filing Wednesday is the latest in his efforts to keep the controversial document from public view after Newsday filed a Freedom of Information Law request with the Suffolk County District Attorney’s Office in February. Levy in May filed suit to block the disclosure, but a Suffolk County Supreme Court judge in July ruled in Newsday’s favor, ordering the agreement that ended Levy’s political career to be released to Newsday in July. 
Levy filed a notice of appeal with the Appellate Division seeking to overturn the ruling July 22. The appellate panel ordered the document and all investigatory material be kept under wraps pending Levy’s appeal filing and a review. 
Levy, in the latest court papers, argued that the "prominent title" of the document as "Under Seal Priviledged (sic) and Confidential Non-Prosecution Agreement" provided "implicit proof of the parties’ intention" to keep it under wraps. 
That view is at odds with the ruling of Suffolk County Supreme Court Judge Paul J. Baisley Jr., who noted in his July order that Levy "is an experienced lawyer who was represented by an experienced criminal defense attorney" in the non-prosecution agreement and while Levy "attests that there was a promise of confidentiality, he provides no explanation for why the promise was not contained within the agreement." Accordingly, he concluded, the non-prosecution agreement is "merely called ‘sealed, privileged and confidential,’ [and] there is no language within the agreement to support the intention to keep the Agreement from being disclosed." 
"A mere promise of confidentiality does not afford a record of protection of disclosure under FOIL," Baisley wrote. 
Levy’s brief called those conclusions "irrelevant." 
The title alone confers the condition, Levy’s brief contends, and there’s "no need for further redundant or explanatory provision within the agreement." Levy’s lawyers also noted that the agreement has "remained confidential for the last 10 years" and that he’s complied with all terms of the agreement. 
Levy argued "law enforcement" exemptions in the Public Officers Law further protect his agreement from public disclosure, noting that to disclose it would be "to identify a confidential source or disclose confidential information relating to a criminal investigation." 
Levy’s brief argues he was not only "encouraged" to enter the agreement because it would be confidential but "compelled" to do so. To disclose it now, he wrote, "would flout the very basis of the contractual agreement between the parties …" 
"Courts have consistently held that promises made by prosecutors and relied upon by the subjects of investigation who provide consideration by forfeiting their rights have indeed entered into a binding contract," Levy’s brief asserts. 
Pointing to the alleged basis for the DA’s investigation, Levy’s brief noted that on entering office in 2004, he implemented cost-cutting measures that included "efficiency measures" at the DA’s office and the Suffolk County Police Department. Implementation of the measures "incited former District Attorney Thomas Spota" to view Levy as "anti-cop," the "enemy" and "uncontrollable," the court papers state. 
The brief argued that perception led to an eventual plot by Spota and his inner circle to "remove Mr. Levy from office," a conspiracy otherwise known as "killing Levy," the papers say. "This plot dated back to 2006 and continued until the parties entered" the non-prosecution agreement on March 23, 2011. Levy said he would "never have agreed to the drastic conditions imposed upon him" in the agreement "had he believed" the agreement "would one day be disclosed to the public." 
Levy "reasonably relied" on representations that the agreement would be kept secret and he made "considerable sacrifices" by forgoing his political career and $4 million campaign fund, the brief said. It doesn’t discuss the potential prosecution Levy faced, including whether or not a criminal grand jury had been hearing evidence in the case; nor does it discuss the nature of the findings in the agreement. 
Despite Levy discussing elements of the agreement in a Newsday opinion piece, his brief argued that he did not waive his privacy interest. And it argued that disclosure of the agreement would "lend to the assumption that Mr. Levy was guilty of something improper when, in actuality, there was never an admission of guilt."

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Levy appellate brief argues agreement should be kept secret

Levy appellate brief argues non-prosecution agreement should be kept secret

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A State appellate court has granted former Suffolk County Executive Steve Levy’s request for a temporary delay in the release of his non-prosecution agreement to Newsday pending a hearing and final determination by a four-judge panel. 
The decision will add at least a month and potentially more to release of the agreement that ended Levy’s political career and forced him to turn over his $4 million campaign war chest. 
Levy has said release of the document would "devastate" his reputation. 
Newsday and the Suffolk District Attorney’s Office have filed papers calling for its immediate release. 
The agreement, though it contains no order that it be sealed, has never been made public. 
In a one-page decision on Monday, four judges of the state Appellate Division gave Levy and other parties in the case until Sept. 22 to finalize their arguments. 
The panel said the court could vacate the temporary delay within three days if Levy failed to file his completed appeal on or before Sept. 22. 
The decision stems from a February Freedom of Information request by Newsday seeking the agreement between Levy and former Suffolk District Attorney Thomas Spota. 
Spota since has been convicted of corruption charges stemming from the cover-up of the 2012 assault of prisoner Christopher Loeb by then-Police Chief James Burke. Spota and his former top aide are appealing their convictions and 5-year prison sentences. 
In seeking release of Levy's non-prosecution agreement, Newsday argued that Levy himself opened the door to the release by speaking publicly about it to a Newsday opinion writer in 2020. Levy downplayed the allegations and said he regretted signing it. 
Levy in late May filed suit anonymously against Suffolk District Attorney Timothy Sini’s office as it prepared to comply with the law and release the agreement to Newsday earlier that month. 
A state Supreme Court justice ultimately sided with Sini's office and Newsday, and ordered the document released last month. 
Levy appealed that decision, asking that the document be withheld until the appeal was heard and decided. 
While Newsday’s initial request was for the March 2011 Levy-Spota agreement only, the Appellate Division panel on Monday also granted Levy's request to bar Sini’s office or anyone working on its behalf from disclosing the non-prosecution agreement and "any and all documents related to the investigation." 
Newsday has since filed a second document request seeking all investigatory material in the case. 
Newsday has also filed with the Appellate Division to intervene in the appeals case, citing the extreme public interest and the long delay in the disclosure.

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Release of Steve Levy non-prosecution agreement stayed by appeals court

Release of Levy non-prosecution agreement stayed

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In 2001, the voters of Suffolk County elected Democrat Thomas Spota over longtime district attorney James Catterson. Spota argued Catterson was a power broker who turned prosecutorial discretion into sanctioned corruption, protecting allies while persecuting enemies. 
In 2005, 2009 and 2013, voters had no such choice. The county’s major and minor party bosses inked Spota’s name on every ballot line, and a try by Republican Ray Perini in 2013 for the Republican line ended in the primary defeat GOP leadership favored. 
That failure of the political system to check abuse allowed Spota and right-hand man Christopher McPartland to use prosecutorial power for political ends. Each was sentenced to 5 years in prison Tuesday on federal corruption charges for helping enact a conspiracy with former Suffolk County Police Chief James Burke to cover up Burke’s assault on an addict who’d burgled his vehicle. 
Spota and McPartland deserve the bulk of blame for what went on in his office, but the Suffolk political system enabled them to abuse this very powerful office. 
County Executive Steven Bellone heard credible warnings that Burke's history was shady, but empowered him anyway, and left him in place even as alarms sounded. The clubby cooperation orchestrated by Suffolk Democratic County chairman Rich Schaffer, who was extremely close to Spota, with the leaders of the Republican, Conservative and Independence parties, fueled abuses. 
We know of wrongs the Spota system allowed that raise the question: What don’t we know? There was the theft of $200,000 in time from the sheriff’s department by corrections lieutenant and Conservative Party boss Edward Walsh, gambling and golfing when he said he was working. Spota refused to seriously pursue prosecution of Walsh. There was the kid-glove treatment of politically connected defense attorney Robert Macedonio on allegations of fraud, bribery and cocaine possession.. 
There was the failure to pursue charges against a drunken off-duty Nassau cop who shot a cabbie, and the Suffolk cops who tried to cover it up. 
There was the deal with former County Executive Steve Levy requiring him to forgo reelection and relinquish his campaign war chest. Suffolk residents still don't know what happened. And there was the legal hounding of a Suffolk cop who, angered at Burke’s move to drop the county’s crucial participation in a federal gangs task force that might have helped solve the Gilgo murders and prevented MS-13's growth, tipped a reporter to some wrongdoing. 
Contested elections and challenges to incumbency are the most potent antidote to kingly public servants. That’s one reason 70% of Suffolk voters enacted 12-year term limits in 1993, although Spota's successful constitutional challenge that the law did not apply to the district attorneys kept him in power. 
Now Spota, 80, will have time to consider his subversion of law enforcement. The rest of us must consider why the system, culture and players that smoothed his path to corruption remain largely undisturbed.

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