The New York state Capitol is seen Monday, March 13, 2023,...

The New York state Capitol is seen Monday, March 13, 2023, in Albany, N.Y. Credit: AP/Hans Pennink

Daily Point

Double deal

The expected vote Thursday on a hastily devised bill to amend the selection process for Court of Appeals judges reflects both the desire of Gov. Kathy Hochul to smooth relations with the New York State Senate and a lack of trust.

The bill would amend the judicial selection process when there is a chief judge opening as it exists right now after the Senate rejected Hector LaSalle in February.

Hochul has on her desk a list of seven new recommendations from the Commission on Judicial Nomination, including three currently serving as associate justices: Shirley Troutman, Rowan Wilson and Anthony Cannataro. If she were to pick one of those three, and the nominee was confirmed, the current rule requires that a new selection process start to fill the then-vacant associate justice spot.

But here’s Hochul’s dilemma regarding a seven-member court where it can be argued there is a 3-3 ideological split: If she tries to soothe an antagonistic progressive wing for the sake of party unity and passage of her other objectives this legislative session, she still has a problem. If, for example, she picks the very liberal Wilson, what happens a month or two later when his associate judge slot needs to be filled?

It’s the second pick that would really alter the dynamic on the court, not the musical chairs of promoting an existing jurist. And, insiders say, Hochul really can’t be assured that a more moderate nominee, which in Albany right now is defined as left-of-center, say a Caitlin Halligan, would win confirmation despite her impressive credentials for the job.

And the Senate Democratic leadership doesn’t want to drag the party to the edge of the cliff again with a brutal ideological battle. That’s why a double-judge package is on the table. And why a selection process that has worked for four decades is being tinkered with. The names have been vetted and fingers are crossed that the deal can get done quickly.

An Albany double deal to avoid double-dealing.

— Rita Ciolli @ritaciolli

Talking Point

When $2 million — in a $227 billion budget — matters

As budget negotiations wear on, most advocates and elected officials are haggling over big issues — bail, housing, and upward of $1 billion in funding for the Metropolitan Transportation Authority.

But there’s a far smaller budget line that’s getting attention, too.

The 4201 schools, a group of 11 schools across the state that teach students who are blind or deaf or have significant physical disabilities, are fighting to restore a $2 million budget cut in Gov. Kathy Hochul’s executive budget. Both the State Senate and Assembly restored the funding, and increased it further, and the 4201 Schools Association is now campaigning hard for the final budget to keep the schools’ funding intact.

This particularly affects Long Island, as three of the 11 schools are here — the Cleary School for the Deaf, the Mill Neck Manor School for the Deaf, and the Henry Viscardi School.

Henry Viscardi’s head of school Angelo Zegarelli told The Point that in his six years at the helm, he’s never had to face the possibility of a budget cut for the relatively small, specialized programs.

“It’s very disappointing to us, especially when the governor touts giving schools overall record increases,” he said. “It’s not completely true. It’s not including our types of schools. We don’t see any of that at all.” 

Zegarelli said Viscardi, which serves students who are medically fragile or have significant physical disabilities across the region, including in New York City and Westchester County, gets about $250,000 from the state, and that every cut — no matter how small — would hurt his ability to operate. One of the most significant problems, he said, is the lack of parity in staff salaries between public schools and schools like Viscardi, which often has to pay its teachers less despite the often more complex work. 

The 4201 Schools Association is relying on supporters to try to make sure the final budget makes them whole, taking to social media, using the #fundthe4201s hashtag, and posting individual video clips from lawmakers who support the funding.

“I don’t understand why in today’s day and age when we raise school education funding by $3 billion we have to cut funding for those most vulnerable by $2 million,” State Sen. Jack Martins, who represents a district that includes both Viscardi and Mill Neck, said in his online video. 

— Randi F. Marshall @RandiMarshall

Pencil Point

Another one

Credit: creators.com/Gary Markstein

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