Friday, December 31, 2010

Matter of Chwick v Mulvey

Next, we want to thank SCOPE, the Freeport Junior Club, SAFE, and SASI for their strong support on this matter
This ruling strengthens the NYS Preemption Laws and sends a strong message to the counties. It is a very good win for licensees, and it does begin to open doors on other suits.

It is a stepping stone!
Though sometime in coming, all four Appellate Division, Second Department,
Judges concur that NY PL 256 & 400 ARE the "comprehensive and detailed regulatory language and scheme...which demonstrates the Legislature's intent to
preempt the field of firearm regulation," and they find that it preempts the[Nassau County] amended ordinance.

First, the Appellants thank Mr. Robert Firriolo, Esq., for his concise brief and brilliant oral argument. Without his masterful touch, we may not have gotten the ruling we received.

Next, we want to thank SCOPE, the Freeport Junior Club, SAFE, and SASI for their strong support on this matter

This ruling strengthens the NYS Preemption Laws and sends a strong message to the counties. It is a very good win for licensees, and it does begin to open doors on other suits. It is a stepping stone!

Here is part of the claim~

Matter of Chwick v Mulvey
2010 NY Slip Op 09911
Decided on December 28, 2010
Appellate Division, Second Department
Belen, J., J.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law §431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 28, 2010
(Index No. 13564/08)

[*1]In the Matter of Alan J. Chwick, et al., appellants, et al.,petitioner/plaintiff,v Lawrence W. Mulvey, etc., et al., respondents.

APPEAL by the petitioners/plaintiffs Alan J. Chwick and Thomas G. Fess in a hybrid proceeding pursuant to CPLR article 78 to enjoin the enforcement of
Nassau County Ordinance No. 5-2008, as amended by Nassau County Ordinance 9-2008, and action for a judgment declaring that the subject ordinance is preempted by State law and unconstitutional, as limited by their representations
at oral argument, from so much of a judgment of the Supreme Court (Kenneth A.

Davis, J.), dated December 18, 2008, and entered in Nassau County, as denied the petition and dismissed the proceeding.
Duane Morris, LLP, New York, N.Y. (Robert P. Firriolo of
counsel), for appellants.
John Ciampoli, County Attorney, Mineola, N.Y. (Lisa B.
Ross and Dennis J. Saffran of counsel), for respondents.

OPINION & ORDER BELEN, J.This Court is called upon to resolve two issues. The first is whether a Nassau County ordinance that bans "deceptively colored" handguns is preempted by State law. The second is whether the ordinance violates the appellants' rights under New York's Civil Rights Law. We need to consider the second question only
if the first question is answered in the negative.
The principal issue on appeal is whether a Nassau County ordinance (County of Nassau, Miscellaneous Laws, Title 69, Local Law, 5-2008) (hereinafter the ordinance), which bans the possession of "deceptively colored" firearms, is
preempted by Penal Law § 400.00. New York State bans the possession of all firearms but exempts individuals who obtain a license for their firearms (see

Penal Law §§ 265.01, 265.03, 265.20[a][3]). Furthermore, State law enables firearms license holders "to carry or possess a pistol or revolver" and provides that any license "shall be effective throughout the state," subject to certain limitations (Penal Law § 400.00[6]). The appellants each allege that they hold valid licenses for their firearms and allege that certain of their firearms
violate the ordinance because they fall within the definition of "deceptively colored" handguns. The appellants contend that Penal Law § 400.00 preempts the ordinance, and that the ordinance violates the protections of the New York Civil Rights Law (see Civil Rights Law, art 2, § 4). The respondents, Lawrence W.Mulvey, the Nassau County Police Department, and the County of Nassau(hereinafter collectively the County) argue that the ordinance is not preempted because it merely affects the possession of a firearm while the State Law affects firearm licensing. The County further asserts that the ordinance does not violate the petitioners' rights under article 2, section 4 of the New York Civil Rights Law.

In May 2008 Nassau County enacted Local Law No. 5-2008, the "Deceptively Colored Handgun Law" (see County of Nassau, Miscellaneous Laws, Title 69 § 1). The ordinance made it a [*2]misdemeanor to possess a handgun that has a substantial
amount of its exterior surface plated with gold or colored anything "other than black, grey, silver, steel, nickel, or army green" (County of Nassau,Miscellaneous Laws, Title 69 § 3[b]; §§ 4, 5). Violators were subject to a fine of up to one thousand dollars, or imprisonment for no more than one year, or both (see County of Nassau, Miscellaneous Laws, Title 69 § 5). The purpose of the ordinance was to protect the public and law enforcement officers from the dangers associated with mistaking a real gun for a toy because it is deceptively colored (see County of Nassau, Miscellaneous Laws, Title 69 § 2).
In July 2008 the petitioners, proceeding pro se, commenced the instant hybrid proceeding pursuant to CPLR article 78 to enjoin enforcement of the ordinance and action for a judgment declaring that the ordinance is preempted by State law and unconstitutional. The appellant Alan J. Chwick alleged that he is a Nassau County resident who owns a pink Kel-Tec Model 32 pistol and a "browned"[FN1]
model 1930 J.P. Sauer & Sohn pistol. The petitioner Edward L. Botsch alleged that he also is a Nassau County resident, and that he owns a gold plated Sigarms pistol, Model P-226, which commemorates the 37 Port Authority Police Officers killed on September 11, 2001. The appellant Thomas G. Fess alleged that he is a resident of Monroe County but frequently visits Nassau County for shooting competitions and owns a camouflaged [FN2] Glock Model 20 pistol. The appellants contend that all of the above-described weapons are properly licensed under State law, but in violation of the ordinance.[FN3]--

Alan Chwick, Editor
Nassau County News Flash
5 Brunella Street
Long Island, NY 11520

Monday, December 27, 2010

Wednesday, December 22, 2010

From the desk of Walt Paul – NYS Conservation Council

From: "wpaul"
Subject: Status of UMP's and other land use plans
Date: Tue, 21 Dec 2010 12:17:31 -0500
From the desk of Walt Paul – NYS Conservation Council
Good morning:

Below find a summary of some pending UMP's and land use plans developed by the DEC and the APA; the Final Draft UMP for the Moose River Plains is particularly disappointing.
I am going to offer some opinions on the DEC's lack of responsiveness to the sporting community, the examples are countless. For me it is hard to understand how a group, the sporting community, can contribute 53 million dollars a year to conservation efforts in N.Y.S. and have so little impact on land use policy. Along parallel lines The Adirondack Park Agency Review Board recently let it's white paper (paper is an attached) "Under the Influence and In Need of Detoxification" referring to the Adirondack Park Agency being under the influence of the environmental groups and needing a cleansing. Following the upper level DEC administrations lack of response to tremendous public input from the sporting community on the future of the Moose River Plains and other land use plans, and their continued propensity to develop plans that seem to favor the agenda of the protectionist groups, (more and more wilderness, shutting down access and more and more roads closed and now actions to protect the wilderness) one has to conclude that some key leadership in the DEC is also under the "influence" of the green groups as well.

They want our money, but do little to support us! At this point sportsmen I talk with are feeling taken advantage of ! My opinion new leadership is necessary in the DEC's Office of Assistant Commissioner for Natural Resources.The old saying "a new broom sweeps clean" appears to be a necessary approach to detoxify that office. An equatable approach to working with all stake holder groups has been lacking now for some time!

From the desk of Walt Paul – NYS Conservation Council
Access and Land Use Specialist
This past year has been a busy one regarding sportsmen's access and land use issues. The Counsel has taken an active role advocating for maintaining and expanding sportsman’s access on easement and state lands. The Moose River Plains UMP, the APA/DEC MOA regarding Easement Lands and the DEC Strategic Plan for State Forest Management all will have a significant impact on our ability to access hunting, fishing and trapping locations.
The Status of these plans is as follows:

Moose River Plains - First for the bad news!

  The Draft Final Plan is out and has been approved by the Adirondack Park Agency. Despite tremendous public opposition to closing the Indian Lake Road (access to some of the best trout fishing in the northeast) and opposition to creating additional wilderness, the DEC has put forward a final plan to expand the wilderness by 14667 acres and shut down two miles of the Indian Lake Road starting at a parking lot which will be created one-half mile from Squaw lake. This means the public will have to walk two and one-half miles to get to Indian Lake to fish, canoe and enjoy nature. It is my understanding that discussions are under way to designate the last two miles of the Indian Lake Road as part of the North Country Scenic Trail, a hiking trail.

The 14667 acres wilderness expansion will be removed from existing wild forest and designated wilderness creating a new wilderness area of 12,270 acres south of the main Cedar River Road. The new wilderness would be formed on the North side of a mountain biking trail that will have Wild Forest designation. The other 2, 397 acres will be added to the West Canada Wilderness area.

Roadside Camping on the Moose River Plains will continue with some adjustments to site locations As I understand it the designation of an intensive use corridor within the Adirondack Park will require an addendum to the State Land master Plan. Let us not forget this was a preexisting condition and as such we gained very little. It also appears that agreement has been reached where none of the existing sites will be removed until new sites have been constructed. Floatplanes will be allowed.

The UMP now goes to the Governor for his approval. The outcome in general is very disappointing for the sporting community when we consider this land was gifted to sportsmen by a timber company and many of the roads were actually deeded to insure access. The change in classification of the 14,667 acres of wild forest to wilderness requires the approval of the Governor; thus the future of the entire plan hinges on the Governors sign off and approval by the DEC Commissioner. Next steps are being considered.

Adirondack Park Agency / Department of Environmental Conservation MOA regarding Management of Easement Lands has been approved. A major concern was that the APA would be involved and would have to approve use of existing trails and roads for snowmobile and ATV use for sportsmen involved in hunting, fishing and trapping. It appears the DEC recognized that easement lands are private lands and that existing uses should not fall under the APA's purview. Following negotiations it appears APA oversight will be limited to new use and development and when the intensity of use by the public reaches a certain level. The Council provided extensive comments and it appears the comments supported the Department of Environmental Conservations thinking and helped facilitate a positive outcome. It now appears the traditional use of trails and roads on easement lands by sportsmen utilizing trucks, ATV's and snowmobiles will continue, contingent on easement language. The outcome appears positive for the sporting community.

DEC State Land Use Strategic Plan – A high number of public comments have been received on the plan and the Department of Environmental Conservation is reviewing and preparing responses to the comments. As I understand it the Dec Commissioner must sign off on the plan. At this point it does not appear the plan will be approved during the current administration. The Council weighted in heavily on access issues pertaining to State Lands. The impact on sportsmen is unknown until the plan is finalized.

Champion Camp Retention – 200 camps occupied by Sportsmen are scheduled to be torn down per the Easement Agreement. Club members and the sporting community have lobbied, litigated and negotiated to see that the camps remain. The DEC after careful deliberation decided to support the camps remaining and is awaiting a final review from the APA. Environmental Groups are opposing the action and it would appear continued pressure from the sporting community is important at this point. The decision will be precedent setting in terms of keeping hundreds of camps on other easement lands. It seems people are realizing that the traditional hunting clubs have been good stewards of the land. Current outcome unknown.
Thank-you - As we conclude the year I would like to thank everyone that took their time to weigh in with Public and Elected Officials on the critical land use and access issues facing the sporting community. Our efforts are yielding some results; visit the Council’s website frequently for action alerts. If you are not a member of the N.Y.S. Conservation Council an application can be accessed at and click on "get involved".

Happy New Year!

Friday, December 17, 2010

ATF to Require Multiple Sales Reports for Long Guns


ATF to Require Multiple Sales Reports for Long Guns

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is moving to require federally licensed firearms retailers to report multiple sales of modern sporting rifles beginning January 5, 2011. Specifically, the ATF requirement calls for firearms retailers to report multiple sales, or other dispositions, of two or more .22 caliber or larger semi-automatic rifles that are capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.
Today’s Washington Post suggests that the reporting mandate would be limited to retailers along the Southwest border; however, the Federal Register Notice does not limit the geographic scope of the reporting requirement.
This ATF “emergency” mandate was originally pushed by the anti-gun Mayors Against Illegal Guns (MAIG) coalition, headed by New York City Mayor Michael Bloomberg, more than a year and a half ago. And the Post reports that the Department of Justice has “languished” over this plan for several months.  Given this timetable, it’s hard to see exactly where the “emergency” is.
The National Shooting Sports Foundation opposes this reporting requirement because it further burdens America’s law-abiding firearms retailers with yet another onerous regulation that will do nothing to curb crime.  Multiple sales reporting of long guns will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement, thereby driving traffickers further underground. This is not unlike how criminals maneuvered around one-gun-a-month laws in states like Virginia – which is still considered an “exporting source state” by anti-gun organizations like the MAIG despite its restrictions on the number of firearms law-abiding residents may purchase.
Multiple sales reporting for long guns is an ill-considered mandate and one that ATF does not have the legal authority to unilaterally impose. In fact, ATF has not specified under what legal authority it presumes to act. The decision as to whether ATF can move forward with this agenda-driven mandate will be left to Cass Sunstein who heads the White House Office of Information and Regulatory Affairs (OIRA).  This is the same Cass Sunstein who in a 2007 speech at Harvard University said, “We ought to ban hunting, if there isn’t a purpose other than sport and fun. That should be against the law. It’s time now.”
NSSF will be submitting comments in opposition to this registration scheme and is encouraging all firearms retailers, sportsmen and enthusiasts to do the same.
Please voice your concern by doing the following:
1. Call the Office of Management and Budget, Office of Information and Regulation Affairs, Department of Justice, Desk Officer at (202) 395-6466.
2. E-mail Barbara A. Terrell, ATF, Firearms Industry Programs Branch at
3. Call your Senators and Representative: United States Capitol Switchboard: 202-224-3121
Points to make:
  1. Multiple sales reporting of long guns will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement. Traffickers will go further underground, hiring more people to buy their firearms. This will make it much harder for retailers to identify and report suspicious behavior to law enforcement.
  2. Long guns are rarely used in crime (Bureau of Justice Statistics).
  3. Imposing multiple sales-reporting requirements for long guns would further add to the already extensive paperwork and record-keeping requirements burdening America’s retailers – where asingle mistake could cost them their license and even land them in jail.
  4. Last year, ATF inspected 2,000 retailers in border states and only two licenses were revoked (0.1%). These revocations were for reasons unknown and could have had nothing to do with illicit trafficking of guns; furthermore, no dealers were charged with any criminal wrongdoing.
  5. According to ATF, the average age of a firearm recovered in the United States is 11 years old. In Mexico it’s more than 14 years old.  This demonstrates that criminals are not using new guns bought from retailers in the states.
  6. Congress, when it enacted multiple sales reporting for handguns, could have required multiple sales of long guns – it specifically chose not to.

Thursday, December 9, 2010

The Fallacy of Passive Management

NY state parks has developed a passive management program for it's lands. The article below while not specific to our situation outlines the problems of "passive management" . FYI: passive management is a term for wilderness & almost non use with very restrictive public use.

The Fallacy of Passive Management

Here is a short opinion on a email I sent out today.

I took one master plan from the Allegheny state park area which is listed here with the 6 or so other park plans
I'm going to assume that this it the base goal for all parks with the exception of a few watersheds, WestPoint ect... You’ll see I highlighted a few lines. It’s my opinion the state could never achieve these goals in any of their parks regardless of the present fanatical situation New York is in. This thinking and the eco-laws is what gave the antis the firepower to sue the Feds and states. They, the government simply could not follow their plans as written. Thus the antis sued and the Government which used taxpayer money to fight them. Many times it was money from the coffers of sportsmen’s programs.

If you look at this article on Passive management it explains the down fall of the project.

In My Opinion, the DEC, State or Greenies which ever name or group you choose had already set the stage to cut the labor force within the DEC. The present financial situation made, hastened this.
To be blunt, a state does not need a 1,000 biologist when it turns half its land holdings into non-use or passive areas. Tending bird watchers and hikers is a lot easier than dealing with the very strong opinionated hunters, trappers and fishermen.

IF ~ IF we tell the state as stated in the resolution; that we want the DEC to remain as it is. This will fly in the face of all those who have complained for years that the DEC was better off as a Fish & Wildlife instead of being combined.

I did not write this to “poop in someone’s flat hat”! I just want people to understand the states parks service goals.

Like I stated earlier, just my opinion of which I have many.

Bill Brookover

Sunday, December 5, 2010

Food Prices IMHO with quotes

food prices

 by BPB

For over a year now, actually longer, the markets have told us we'd see at a min of 50% food price increases. With that said, the lame stream media hasn't reported on it much as dance with the stars was more important.

(and $900.00 TV's are now $199.00)

3# of bacon at the Bi-Lo in Washington ,Ga was $20.00 Thanksgiving week. We found the same bacon at ChinaMart in Athens for $13.99. Still a rip off, but my father in law likes his bacon as well as me so I picked it up for him.

FYI: Bi-Lo is Tops markets
Company History:

Tops Markets LLC is a subsidiary of the U.S. operations of Dutch supermarket giant Royal Ahold N.V. In addition to the Tops chain, Ahold also owns Stop & Shop, Giant Food, BI-LO, and Bruno's Supermarkets. With its headquarters located in Williamsville, New York, Tops is comprised of some 160 Tops Friendly Markets, more than 200 Wilson Farms and Sugar Creek convenience stores, and B-Kwik Food Markets superettes. Tops' units are located in central New York and neighboring parts of Pennsylvania and Ohio.


While people cuss ChinaMart for its vampire tactics on small town America you can see Tops is no different~ other than a name change from town to town.

Food has risen by 1 to 3% monthly with some dips for about 3 years now. But it's reported at a much lower rate. All you have to do is look at your food bill to see the increase.

Sugar is the biggest rip off. Sugar should be the cheapest commodity around; but since it is subsidized it cost twice as much here in the states as in other countries. The only thing different today than in the past, in the ships holds, is the lack of slaves to sell on the docks along side the sugar and molasses.

What cooks my ass is how food prices are not factored into the consumer price index.
According to the WSJ article;

Costs are being driven by growing demand for meat in China, India and other emerging markets. That's driven up grain prices, which in turn boost the cost of chicken, steak, bread and pasta. Grain prices also have been nudged higher by drought in Russia, planting problems around the world and speculative trading.


In a Canadian article some time back the government had farmers slaughter hundreds of thousands of hogs sending the majority of them to the landfill. Why, because if they would have hit the open market prices would have dropped to low.
Again, as in the past we'll be paying for China & India's so called emerging market~ which has lasted way past the emerging state for some time now. I suppose their emergence will be final when every person in China & India has a cell phone next to their piss pot & hog trough.

Saturday, December 4, 2010

Animal Farm movie~How true

Hum, GREED something I spoke about last year at this time. Naturally the person I directed it at didn't grasp what I was saying. Even thought it was explained to him twice before.

Public utilities sold to private operators??

Pulled from the internet~

St Lazare Foundation – of Prince Charles-Philippe d’OrlĂ©ans Duc d’Anjou Saint Lazare Investment will be the largest owner of aquatic property and will thus face the prerogatives of future international ecological policies from the point of view of an influential investor in the Carbon Finance marketplace. Water will soon become an instrument of power and influence. The Saint Lazare Foundation aims to become an essential global player specializing in water. Its strength and distinctiveness derive from the three pillars on which it stands:

■ A think tank
■ An investment source
■ A centre of operations

Affiliations: United Nations - World Water Forum - World Water Council - UNESCO European Union NGOs - International Office for Water - Water Supply and Sanitation Collaborative Council Vatican The World Society
The World Society was created to finance the Saint Lazare Foundation. The World Society is a global network, which offers unique advantages to its members. It comprises those men and women around the world who are part of the economic, financial, social or cultural elite. The World Society is one of the world’s most exclusive societies. Joining the World Society is a unique opportunity, a privilege. The future is water. The members of the World Society are among ‘the happy few’ who will become key players in the future of our planet. The World Society: What separates the elite from the elites
The object of the World Society is……the financing of the Saint Lazare Foundation and all of its activities. The World Society is a global network which offers unique advantages to its members. It comprises those men and women around the world who are part of the economic, financial, social or cultural elite. The World Society is one of the world’s most exclusive societies. Joining the World Society is a unique opportunity, a privilege: fees and selection criteria are set accordingly. The future belongs to those who invest in it. The future is water. The members of the World Society are among ‘the happy few’ who will become key players in the future of our planet.

Tuesday, November 16, 2010

Genesee County Federation of Sportsmen's Clubs

Present: New York Bowhunters Inc., Genesee Conservation Foundation Inc., Oatka Fish and Game Club Inc., S.C.O.P.E.-Genesee County, Northwoods Sportsmen’s Association, Alabama Hunt Club Inc., Sportsmen’s Coon Hunters Association, Bergen Rod and Gun Club Inc., Genesee County Fish and Game Protective Association, Batavia Rod and Gun Club Inc.

Guest Doug Worthington and Chris Rice (Orleans County Youth Trap shooting)

Meeting called to Order at 7:32 by President Larry Allen

  • Motion to approve minutes of October, 2010 as distributed by Paul Hofmaster (Alabama Hunt Club Inc.) and second by Larry Hilderbrant (New York Bowhunters Inc.).  Motion carried.
Treasurers Report by Angelo Steffenella
September 29th to October 26th, 2010.

  • Motion to accept report for audit by Chris Lamb (S.C.O.P.E.-Genesee County) and second by Gil McBroom (Bergen Rod and Gun Club Inc.)   Motion carried.


News of NYS governors, firing of NYS DEC commissioner Peter Grannis and appointment of acting DEC commissioner Peter Iwanowicz.

Old Business:

NYSCC board of Directors passed a motion opposing the swap of any of the John White Management Area land.

Chris Lamb state that Assemblymen Daniel Burrling and Stephen Hawley will get behind lowering age to handle a firearm to 10 years of age.

New business:

Chris Rice presented information on Scholatic Clay Target Program and a youth Trap league in Orleans county and trying to expand it into other neighboring counties.  One such program is AIM an academic program with membership in the American Trap Association (ATA) that requires a $25 registration, coaches must participate in NRA training school and another the SCTP which is popular in several areas.  This program has a 15$ application fee for youth, State and National championships.  The Orleans Clay Crushers (youth program) began 4 years and currently has 26 children shooting in the program.  They shoot ATA registered targets and compete in state shoots.  They shoot late March to August with practice on Sunday afternoons for youth only.  The currently are hosted at the Barre Rod and Gun Club.  The have a wall chart for dry fire exercises.  The youth bring two boxes of shells and their sponsors provide tow boxes of shells and offset cost for the Youth.

Gill McBroom states that Bergen Rod and Gun Club will be hosting a Turkey shoot November 14th.

Ken Alfes brought up the fact the Genesee Fish and Game Protective Association at Godfrey’s Pond are discussing a Genesee County Hunting and Fishing Day celebration for 2011 and wants to know if the Clubs and Federation would like to get behind and support this event.  There will be a November 12th meeting of the Genesee Fish and Game Protective Association.  Talk it up at your clubs and find out if they can support and participate in this endeavor, so that we can determine if we can participate in a Genesee County, National Hunting and Fishing Day Celebration.

Election Day is coming up and need vote for the best candidates that support second amendment and sportsmen activities.

Roger Rada, Discussed the NYS DEC plans to make the Moose River Pains wilderness only.  This would close down areas that are currently available for the public to camp along the road.  This will make it inaccessible to the aging population.  DEC has done nothing to maintain roads and many other areas are being affected similarly.  Our (Genesee County Federation) position is we need the state to put money back into maintaining these roads and push fees to hikers, canoe-ers and birdwatchers that are using these areas but not contributing to their maintenance.

Ken Alfes mentioned he has application in for SCOPE membership and they are working for Concealed Carry in Genesee County.

Genesee County Raffle
Total Tickets sold 267 tickets for $1335.00 income.
Printing                                   $     54.00
Red Osier gift certificates       $   100.00
Rife and scope Lou Lang to finalize.

Winning tickets drawn from a barrel by President Larry Allen.
First Prize 30/06 rifle and scope - Dennis Schrieber 127 Burnt Mill Rd. Churchville, NY
Second Prize $100 gift certificate Red Osier restaurant-Pat Mooney 1 Jefferson Ave, Le Roy, NY.

  • Motion to adjourn by Lou Lang and second by Ken Alfes. Motion carried.

Next Meeting at Godfrey’s Pond on November 30th at 7:30 PM

Friday, November 12, 2010

NYS Public Hearing on the DEC

SUBJECT: Impacts of the 2010-11 State Budget on the Staffing Levels and Programs of the Department of Environmental Conservation (DEC)
PURPOSE: To review the DEC’s implementation of the State Budget, staffing levels, and the impacts on State environmental programs
November 18, 2010
10:00 a.m.
Hamilton Hearing Room B, 2nd Floor
Legislative Office Building
The Department of Environmental Conservation (DEC) is responsible for conserving and improving New York’s natural resources, managing the State’s fish, wildlife and marine resources, and controlling water, land and air pollution to enhance the health, safety and general welfare of the State’s residents. The State Fiscal Year (SFY) 2010-11 State Budget provides over $1 billion for the environment. The purpose of this hearing is to review the DEC’s implementation of programs funded through the SFY 2010-11 State Budget, staffing levels and the overall impact of the Budget on the State’s environmental programs.
Persons wishing to present pertinent testimony to the Committee at the above hearing should complete and return the enclosed reply form as soon as possible. It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation. Oral testimony will be limited to ten minutes duration. Ten copies of any prepared testimony should be submitted at the hearing registration desk. The Committee would appreciate advance receipt of prepared statements.
In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

Robert K. Sweeney
Member of Assembly
Committee on Environmental Conservation

Persons wishing to present testimony at the public hearing on the impacts of the 20010-11 State Budget on the Department of Environmental Conservation to be held on November 18, 2010, or who wish to submit written testimony, are requested to complete this reply form as soon as possible and mail, e-mail or fax it to:

Michelle Milot
Principal Legislative Analyst
Assembly Committee on Environmental Conservation
Room 520 - Capitol
Albany, New York 12248


Phone: (518) 455-4363
Fax: (518) 455-5182

I plan to attend the public hearing on Budget Oversight to be conducted by the Assembly Committee on Environmental Conservation on November 18, 2010.

I plan to make a public statement at the hearing. My statement will be limited to ten minutes, and I will answer any questions which may arise. I will provide 10 copies of my prepared statement.

I will address my remarks to the following subjects:

I do not plan to attend the above hearing.
I would like to be added to the Committee mailing list for notices and reports.
I would like to be removed from the Committee mailing list.
I will require assistance and/or handicapped accessibility information. Please specify the type of assistance required: _________________________________________
NAME: _____________________________________________________________________
TITLE: _____________________________________________________________________
ORGANIZATION: ____________________________________________________________
ADDRESS: _________________________________________________________________
E-MAIL: ____________________________________________________________________
TELEPHONE: _______________________________________________________________
FAX TELEPHONE: ___________________________________________________________

Wednesday, November 10, 2010

DEC bumping & layoffs to start

Sent: Monday, November 08, 2010 3:17 PM

Subject: Reduction in force (layoffs)

At this morning's DEC Executive staff / Regional Director / Division Director meeting, we were further briefed on the current status of DEC's layoff plan:
- DEC Executive staff met with Union representatives last Friday (11/5) afternoon and discussed the current status of DEC's workforce reduction plan.

- DEC's plan has not been finalized, but should be submitted to DOB this afternoon (11/8) or tomorrow morning

- DEC will send out letters to affected staff and potentially affected staff (via seniority and horizontal/ vertical displacement (ie "bumping")) by the end of this week or early next week. These letters will be hand delivered to staff by Division Director, Regional Director or staff supervisor. Individuals will have one week to respond to the letter.

- DEC is using the "one choice" method, based on seniority and the assumption that an affected (or potentially affected) individual will accept a "displacement" (move to another location/ position) instead of a layoff. In a nutshell, individuals will receive a letter that indicates their position is targeted (or may be via displacement by someone with greater seniority) and they have a choice to accept the layoff or accept the horizontal (or vertical) position indicated in the letter (ergo the "one choice").

- Staff receiving a letter will have one week to respond to DEC personnel indicating their choice (lay-off or other position).

- Based on the responses to the one choice letter, there may be other scenarios that will play out (e.g. if a more senior person opts for retirement or a lay-off instead of the other position), and these may be discussed via telephone or other more rapid communication with DEC Personnel Office.

- On December 10, all staff affected by the layoff will receive a letter confirming such.

- All staff being laid off will be off the payroll effective cob 12/31/2010.

Additional points:
- No one at DEC has actually gone through this layoff/ bumping scenario before (certainly not at this scale) so we are proceeding very cautiously and double-checking to make sure that affected/ potentially affect individuals are properly notified, and no one is unnecessarily being notified

- All DEC staff were asked in Spring 2009 to confirm their seniority from the seniority list provided by Civil Service and there has been few new hires since that time

- Anyone questioning their seniority should contact DEC Personnel and discuss

- For each targeted position, there are approximately 3 letters being sent out due to seniority and horizontal/ vertical bumping scenarios. Therefore, for the approximately 150 targeted positions, approximately 400 - 450 staff will receive a letter.

This is a most difficult time for all DEC and other New York State agency staff. The uncertainty with these workforce reductions and who / how individuals will be affected coupled with the recent loss of staff via retirements and the pending Holiday season pose significant challenges to us all. Now, more than ever, we need to be supportive of each other.

I have tried to disseminate this fairly widely to DFWMR staff, but please share with others I may have missed.


Douglas Stang
Assistant Director
Fish, Wildlife and Marine Resources
New York State Dept. Environmental Conservation
625 Broadway
Albany, New York 12233-4753

Thursday, October 28, 2010

Senator Mike Nozzolio on Election Day

Fellow firearms owners & sportsmen! Mike has fought for our Second amendment rights for many years. He has fought against micro-stamping , COBIS & is "our" Senator who stands up to those on the other side of our values.We have to hold our slim majority in the NY Senate, if we loose our very slim majority you can guarantee NY states Legislative leaders will redistrict the state..and to be blunt; if you think we're getting short change now~ well you get the picture!
 Regards, "BlackPowder" Bill

State Senate candidate Ed O'Shea, a liberal college professor, wants to restrict your Constitutional right to bear arms.  Ed O'Shea has explicitly stated that he supports: ·       
Wasteful and outrageous micro stamping for law-abiding gun owners; ·      
 New intrusive restrictions on purchasing firearms; ·      
 More unnecessary regulations on law-abiding gun owners;

Please take the time to exercise your right to vote on Tuesday, November 2nd and help defeat Ed O'Shea - a liberal Democrat and Working Families Party candidate who wants to take away one of your most fundamental American rights - the right to bear arms! Senator Mike Nozzolio has earned our support. 

 He opposes any effort to restrict our Second Amendment Rights. 

Senator Mike Nozzolio has always received the highest ratings from the National Rifle Association (NRA) and Shooters Committee on Political Education (SCOPE), and was awarded this month as PATRIOT of the YEAR by the Wayne County Division of SCOPE.  
Senator Nozzolio has been honored in the past as “Legislator of the Year” by the New York State Rifle and Pistol Association. 
Please vote for Senator Mike Nozzolio on Election Day,  Tuesday, November 2nd P.S.  Please share this message with others who are as concerned as you are about preserving and protecting your 2nd Amendment Rights.

Monday, October 25, 2010

New DEC Commissioner~ Who is Peter Iwanowicz?

"President Cushing has been in contact with the newly-appointed DEC Commissioner, Peter Iwanowicz, and has discussed issues concerning sportsmen with him. A follow-up meeting is scheduled for later this week at the DEC office in Albany. If you have any concerns that you would like addressed in upcoming meetings, please contact" Howie

WOW ~ bpb
Peter Iwanowicz
Peter M. Iwanowicz is the Director of the New York State Climate Change Office at the Department of Environmental Conservation in Albany, New York. Peter’s responsibilities include overseeing the Department’s involvement in the Regional Greenhouse Gas Initiative, including serving as the chair of the Regional Greenhouse Gas Initiative’s Auction Committee. In addition, Peter is the New York State representative to the International Carbon Action Partnership.

Before joining the state, Peter most recently served as Vice President for the American Lung Association of New York State, where he directed the association’s advocacy efforts.

Peter has also worked for the San Francisco-based Resource Renewal Institute promoting sustainability policies in New York State and also worked for Albany, New York based Environmental Advocates of New York. At EA-NY, Peter lead the organization’s clean air and clean energy policy work.

Peter graduated from Siena College and he lives in the Albany area with his wife and two children.
The DEC Grannis memo Click here

A good article to read Click here ADK Explorer

Friday, October 22, 2010

DEC commissioner Pete Grannis fired (updated) - Capitol Confidential

Well now what's left for NY sportsmen~

DEC commissioner Pete Grannis fired (updated) - Capitol Confidential

Subject: Message from President Howard Cushing regarding Pete Grannis

I am sure most of you know by now that Governor Paterson has dismissed Commissioner Pete Grannis. Most of the issues surrounding this latest development within DEC stem from Commissioner Grannis’ willingness to stand up to the Governor and tell the truth about cutbacks and layoffs requested by the Governor and how they would impact the agency. Although times are tough, there is a very real possibility that DEC will be gutted or worthless should all the cutbacks and changes come to pass.

I have a very deep concern that the Department of Budget or the Governor will be looking at the Conservation Fund as a cash cow; and if they think they are going to touch the Conservation Fund under my watch, they are underestimating the lengths I and the Council will go to not to let that happen. If necessary, we will file a lawsuit to keep the Conservation Fund intact and do whatever needs to be done to protect it. I hope you will support us in these efforts.

Thursday, October 7, 2010

NY pistol permit data base bill needs support

Okay, here ya go you stomped and cried now make those calls. BPB

As you know, an individual accessed legally licensed pistol permit owners’ names and addresses from the New York State Police and then put the information out to the public on a website.  The NYSCC has FOILed the NYS Police to find out who is responsible for this inappropriate action.  We are seeking legislation to close the gap to an existing law amended in 1994 (subdivision 5 of section 400.00 of the Penal Law) which allows disclosure only of the name and address of the approved applicant.

Senate Bill 8456 introduced by Senator Joseph Griffo would help correct this atrocity.  On October 4, 2010 President Cushing got Senator Roy McDonald to also sign onto this landmark legislation.  Senator McDonald issued the following statement:  “Due to the reckless and short-sighted actions of websites on the Internet, everyone has the ability to access the New York State Police pistol or revolver permit registry and all of the names and addresses of legal firearms owners.  Police agencies across the state are powerless to prevent criminals from utilizing this information for their own purposes.  Criminals can now tell whether a household is protected or not.  Most disturbing is what the exposure of this information does to individuals who may have been victims of spousal or sexual abuse.”

The NYSCC urges you to contact the following legislators and thank them for their support; hopefully we can get more legislators to sign on.  The work has only begun; we need a compatible bill in the Assembly and then must have it signed by the Governor.  Contact and say “thanks” to the following for sponsoring S 8456:

Senator Joseph Griffo     518/455-3334 phone

Senator William Larkin   518/455-2770 phone

Senator Betty Little        518/455-2811 phone

Senator Michael Nozzol   518/455-2366 phone

Senator Roy McDonald   518/455-2381 phone

Howard O. Cushing, Jr., President
NYS Conservation Council
Phone 518/674-2961