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TOPIC: Lawsuit Against Public Officials Regarding "total travel ban" New York

Lawsuit Against Public Officials Regarding "total travel ban" New York 3 years 9 months ago #378

Lawsuit Against Public Officials to Deter Martial Law in Suffolk County New York




*EXTRA EXTRA READ ALL ABOUT IT*




PRESS RELEASE: For Immediate Release: January 27, 2015


Lawsuit to Deter Martial Law in Suffolk County


By Scott Lewis



SUFFOLK COUNTY, NY — For less snow than had been experienced in many manageable storms of the past, which even fell during late night (non-commuter) hours, the Governor Andrew Cuomo invoked a “total traffic ban” in the New York City metro area. So intrusive was the travel ban that Suffolk County residents were forced to suffer a veritable martial law --- imprisoned in their homes. Thereafter, Suffolk County Executive Steven Bellone, and Town Supervisors (such as Sean M. Walter of Riverhead), were all too eager to clamp down on citizens and businesses denying them their rights to free movement.



In response, a Suffolk County citizen, political and pro-liberty activist Greg Fischer, has filed a Notice of Claim to halt future similar actions by the three levels of government. Fischer’s notice goes on to highlight the abject complicity by the three levels of government in what he claims are unconstitutional, illegal, and fraudulent restrictions on civil rights.





As well, Fischer points to government wasting of taxpayer monies, illegal suborning of runaway utility rates (under LIPA and PSG&E agreements), and other abuses of public authority by Cuomo, Bellone and Walter.





Fischer’s notice delineates how an unmerited “total travel ban”, which also restricted snowmobiles, horses, and bicycles, goes on to also impede Constitutional Rights and protections --- such as those related to Interstate Commerce, practice of religion, access to medical care and services, handicapped accessibility, etc. Fischer also highlighted how the “total travel ban” placed a greater burden on some citizens while providing a greater advantage to others --- thus was voidable under the law as a threat to Equal Protection. Fischer hopes the notice will deter other traffic shutdowns before additional snowstorms hit. As well, the action seeks to limit the ever expanding powers of New York State’s own Department of Homeland Security and what he terms growing bureaucratic cronyism of that department.




Fischer has filed other notices of claim and lawsuits in the past on matters of government tax squandering, agency malfeasance, public utility overcharges, police misconduct, etc.





For PRESS CONTACT and OTHER RELEASES: This email address is being protected from spambots. You need JavaScript enabled to view it. or 888 653 6204


.........................................................................................................................................................


SUPREME COURT OF THE STATE OF NEW YORK



COUNTY OF SUFFOLK



X



GREGORY JOHN FISCHER,



Claimant,


-against- NOTICE OF CLAIM




ANDREW M. CUOMO,



Individually and as Governor of the State of New York, and



STEVEN BELLONE, Individually and as County Executive of Suffolk County, and,


SEAN WALTER, Individually and as Supervisor of the Town of Riverhead, and,



"John Does" or "Jane Does" (1 thru 199)



Defendants.



X


TO THE ABOVE NAMED DEFENDANTS;


GREGORY JOHN FISCHER, for his Notice of Claim against defendants, alleges


as follows:




1. Petitioner is a taxpayer of the town of Riverhead and submits this notice of claim against Defendants, Andrew M. Cuomo (“Cuomo”), Steven Bellone (“Bellone”)Sean Walter (“Walter”), and "John Does" or "Jane Does" (1 thru 199), on his own behalf, and on behalf of similarly situated taxpayers of the Town of Riverhead. Petitioner is a resident of the Town of Riverhead, New York.




2. Petitioner brings these claims to enjoin and set actions by Governor Cuomo, County Executive Bellone, Supervisor Walter, and other actors to be identified and named later, to deprive the Petitioner and all similarly situated residents of the Town of Riverhead their many enumerated RIGHTS without due process of law.



3. The RIGHTS deprived were removed in violation of the US Constitution and NYS Constitution without a compelling governmental reason, with complete disregard for NYS Municipal Home Rule statutes and in violation of lawful procedure.


4. Defendants Walter and Bellone acted to voluntarily enforce the unlawful Orders of Cuomo in part intentionally and in part unconcerned of their illegality, and as such negligently, in violation of their oaths of office, and their oaths as Officers(“attorneys”) of the Court. As such, Walter and Bellone would aid and abet the illegal order(s) of Cuomo without acting to protect the RIGHTS of citizens within their respective Town and County jurisdictions. Walter and Bellone did not act to protect the RIGHTS of Riverhead Citizens. Walter and Bellone did not even speak out in public to defend citizen RIGHTS. Walter and Bellone acted only to comply (and become complicit) in the announcement and enforcement by police of the removal of citizen RIGHTS.



5. This behavior by Walter and Bellone is pattern and practice in that both have failed to speak or act against other measures by Cuomo to harm the citizenry. For example, Petitioner did advocacy before both Walter and Bellone and brought suit
(EDNY # CV-12-5397) to constrain the alleged illegal monopoly known as LIPA (LongIsland Power Authority); however, Walter and Bellone acted without protest upon Cuomo's plan and orders --- the net result was that already high rates were increased even higher, competition was thwarted, jobs were outsourced and Riverhead Citizens continued to suffer from the increasing economic pressures and stagnant wages.


6. The tangible announcement of Cuomo's illegal orders are attached as Exhibits A (Executive Orders #141) and B (Executive Orders #142).



7. Executive Orders #141 and #142, which were expanded beyond their enumerated points, to include a “total travel ban”. As such, the Governor’s intention as reflected in the expanded orders for a “total travel ban” were obfuscated with vagueness.
Similarly, the orders were issued late in the day (January 26, 2015) so the courts and injunctive relief were pragmatically not accessible --- similarly, since the courts were closed the next day (January 27, 2015), prompt injunctive relief on that day was impeded as well.



8. For the matter at hand, today, January 26, 2015, Bellone personally announced Cuomo's order(s), including but not limited to Executive Orders #141 and #142, which were expanded beyond their enumerated points, for a “total travel ban” throughout all of Suffolk County by way of telephone calls to numerous Town of Riverhead citizens. Neither Walter nor Bellone instructed Police in their jurisdictions to stand down. The orders given by Cuomo instructed Police to issue summonses and make arrests --- violation of the “total travel ban” was announced to be a NYS Class A Misdemeanor. Walter and Bellone both have DUAL affirmative obligations (both as sworn public officers and as attorneys) to oppose illegal, unconstitutional, over-zealous, or wasteful (tax squandering) orders --- however, both chose to become complicit (or, at best, demonstrate cowardice in office.)



9. Defendants failed to impose, tailor, modify, or lift the “total travel ban” on a spot/area or specific road basis, considering any specific road conditions where roads were sufficiently passable or for any limited purpose



10. Defendants are a racketeering enterprise and have employed instrumentalities of blocking interstate commerce and have engaged in the aforesaid wrongful conduct and fraudulent practices in violation of Federal and State Racketeering Laws as part of a fraudulent scheme to remove citizen RIGHTS in an arbitrary and capricious manner.



11. Defendants failed to follow lawful procedure and failed to consider any exceptions under the Americans with Disabilities Act (ADA) which might allow for citizens to venture out during the “total travel ban” for medicines, medical equipment, or other medical supplies or services of any kind.



12. Defendants failed to follow lawful procedure and failed to consider any exceptions allowing for the free movement of the Press (US Constitution, Amendment 1) allowing them venture out during the “total travel ban”.



13. Defendants failed to follow lawful procedure and failed to consider any exceptions allowing for the free exercise of Religion (US Constitution, Amendment 1) allowing them venture out during the “total travel ban” --- by way of example, Catholic Priest would be forced to commit a crime to venture out to administer “last rites” (an often time is of the essence event) during the “total travel ban”.



14. Defendants failed to follow lawful procedure and failed to consider any exceptions allowing for the free exercise of Assembly (US Constitution, Amendment 1) allowing them venture out during the “total travel ban”.



15. Defendants failed to follow lawful procedure and failed to consider any exceptions allowing for the Equal Protection of citizens (US Constitution, Amendment 14) allowing all persons equal opportunity to venture out during the “total travel ban” --- by way of example, persons employed by government to clear public roads were allowed to venture out and earn money for doing so ---- however, persons seeking to plow private
roads, private communities, or private property, and needed to traverse any public road were denied the opportunity to venture out and earn money for doing so. To a great extent, ALL persons who were not “emergency personnel” were denied the opportunity to venture out and (a.) make a living, and/or (b.) tangentially venture other places during the
“total travel ban”



16. Defendants failed to follow lawful procedure and failed to consider any exceptions allowing for Interstate Trade (via US Highway 495 or otherwise) using any road as part of an interstate transaction (US Constitution, “Commerce Clause”, Article I, Section 8, Clause 3 ) by allowing truckers, haulers, or others to venture out on public roads during the “total travel ban”.



17. Defendants failed to follow lawful procedure and failed to consider any exceptions that otherwise would prevent infraction of other laws; for example, animal tenders might need to get livestock into shelter --- the “total travel ban” could prevent animal care-taking such that animals would be harmed and thus economic losses and violation of statutes preventing animal maltreatment.



18. The Defendants did not give effected citizens sufficient notice. Notice was given in such a way that some citizen may have never received notice. By way of example; some citizens may have been asleep at the time the automated calls went out(approximately 9:00 p.m. but scheduled to commence a work shift requiring public travel at 11:00 p.m. or midnight. Some citizens do not have televisions and would not receive notice that way. Some citizens are deaf. Blind or elderly citizens might be expecting pickups or care-taking that might never arrive.



19. What little and insufficient notice was attempted sent people to the internet for additional information and this too is an Equal Protection violation (US Constitution, Amendment 14) for not all citizens have Internet access (or maybe even phones) --- thus this create an Equal protection violation. As well, as this Equal Protection violation is tied to CULTURE and ECONOMICS, the method the order was given places an undue burden on certain groups specifically enumerated under Civil Rights Law.




20. The overall impact of a “total travel ban” is an Equal Protection violation (US Constitution, Amendment 14) for not all citizens are impacted equally by the “total travel ban” --- night workers (with shifts commencing at midnight) are generally of a different socio-economic class versus day workers. As this Equal Protection violation is tied to CULTURE and ECONOMICS, the order itself places an undue burden on certain groups specifically enumerated under Civil Rights Law.



21. Defendants failed to follow lawful procedure and failed to consider any exceptions allowing for the Hunting rights of citizens (US Constitution, Amendment 2); forbidding hunters and fishing sportspersons opportunity to venture out during the “total travel ban” also unlawfully abridged said hunters and fishing sportspersons their lawfully permitted rights.



22. What of trades workers who needed to cure emergencies at private residences as to water, sewer (and possibly flood), electrical loss or arcing, lack of heat, or excess of smoke or carbon-monoxide? What rational basis analysis was evoked to
justify a “total travel ban” to prevent their responding to private homes?



23. The Order for a “total travel ban” exceeds all of the Governors enumerates powers under the conditions at hand. The Governor does not get to impose a portion of what is Marshall Law or curfew at will. The Governor's “total travel ban” is an excessive decree and lacks rational basis.



24. The “total travel ban” included snowmobiles, all-terrain vehicles (“ATV”), and (in New York City) even bicycles. The ban of these vehicles restricted free movement, served no legitimate purpose of government, was over-reaching, and arbitrary and capricious.




25. The effect of the “total travel ban” was to further convince businesses that location and destination specific businesses in the “total travel ban” area was becoming increasingly risky. As well, it became part of an increasing need of business telecommuting which can very injurious to businesses in the “total travel ban” area. For example, Wall Street (Financial District) businesses were given yet another reason to relocate OUTSIDE of New York City --- encouraging businesses to relocate out-of-state is an economically unwise strategy that harms the entire New York City Metro Area
(including Riverhead Town).



26. Prior so called “emergencies” (as declared by the Governor) justified the Governor to ration gasoline. Rationing was wholly UNWISE and delayed recovery since there was no economic incentive for the gasoline supply chain to fund a restoration of the supply train or install preventive measures to prevent a future gasoline shortage. A better strategy would be to allow a relaxation of gasoline price caps at a time of gasoline emergency (let’s say for up to $5.00 additional per gallon); such a financial incentive encourages suppliers to pay a premium for gasoline transportation, As well, such a financial incentive encourages suppliers to install generators or make other capital investment to guarantee supply --- that would add to the security of the State of New York, support continuing State revenue expectations, and generate new economic activity,



27. The issue and implementation of the “total travel ban”, under the circumstances of issue, causes a wasting of New York State and US Government resources.



28. Similarly, as to wasting taxpayer monies, the governor proposes to triple the NYS weather monitoring stations. Since when is it appropriate for the State of New York to “compete” with the National Weather Service or NOAA (National Oceanographic and Atmospheric Administration)? Does the Governor suggest that New York State should start to launch its own weather satellites? Does the Governor also see the many private weather forecasting agencies as irrelevant and thus meriting weather services he should administer? In truth the Governor does not know anything about weather forecasting sciences and his goals are misinformed and wasteful. The premise that the Governor or his bureaucratic designees in Albany will be either more accurate or more unbiased [or more accountable than either News-12 Long Island Meteorologists Rich Hoffman, Bill Korbell, or Samantha Augeri (for Long Island)] is completely ludicrous --- the only thing we can certainly forecast after spending millions on useless and already obsolete weather technology is increasingly politicized misinformation and higher taxes,



29. This storm was nothing like the blizzard of 2013 and the Governor’s response was irresponsible. This storm commenced it heaviest precipitation at night. This gave state and local crews nearly clear roads to work on. There was no need for any
histrionic or tyrannical response to the forecast. In 2013 the storm commenced heavy precipitation during evening rush-hour where there was heavy traffic outbound from New York City. Shutting down traffic for the Blizzard of 2013 would have been impossible --- leaving many thousands of people and vehicles stranded in NYC with no place to go. A “total traffic ban” at 11p.m. did not seem to cure any evils. Although a plan to tow and impound any stranded vehicles (if any were so stranded) would have made more sense, the Governor chose to violate citizen rights regardless of their vehicle or the nature of their interest in travel --- work related or otherwise.



30. The “total traffic ban” was enforced and announcements of enforcement were arbitrarily and capriciously used against different businesses (selectively and politically). For example: “Walmart tried to stay open until midnight, but we shut them
down,” Mr. Walter [Sean Walter, Riverhead Town Supervisor] said of the Route 58 Riverhead store. http://riverheadnewsreview.timesreview.com/2015/01/61815/blizzarddrops- two-feet-of-snow-on-north-fork-travel-ban-in-effect/



31. Captioned Defendants are Attorneys who suborned illegal activities perpetrated by the other Defendants, other public officers sworn to uphold the US and NYS Constitutions, and other Attorneys.



32. By reason of defendants’ failure to comply with lawful procedure, their actions are ultra vires and null and void and defendants should be punished for their contumacious disregard of lawful procedure and negligence.



33. The bogus Order for a “total travel ban” orchestrated and implemented by defendants is, in reality, a blind exercise of power disproportionate to the situation --- so much so as to be outrageous.



34. The long-term effect of arbitrary and capricious government actions which are viewed by citizens to be tyrannical, despotic, and anti-libertarian, accelerate population and business exodus. The exodus is not just of persons and organizations but capital --- it is net deterrent to creating economic demand in New York; creating such a condition constitutes intentional injury (economic and emotional) to New York citizens.


35. The Order for a “total travel ban”, as applied by Walter, Belone, and Cuomo, was so without lawful basis, and did prevent, hinder, and delay the execution of laws of the United States, and was so in violation of the US Constitution, as to constitute the crime of Seditious conspiracy.



36. The “total travel ban” is so overreaching and over broad that we are left with the open question: what RIGHTS will these Defendants allow citizens in the event of a truly acute emergency --- like war or terroristic attack?



WHEREFORE, claimant Greg Fischer demands judgment against defendants, jointly and severally, enjoining any future similar “total travel ban” actions, orders lacking a significant rational basis for same, Ordering Defendants to comply with lawful procedure, declaring the actions by defendants to be in violation of law and null and void, for a money judgment for the Petitioner for One Dollar ($1) or an amount the court may
decree fitting and proper --- and as the petitioner does not assert this claim solely on his own behalf, for a money judgment for punitive damages against defendants jointly and
severally in the amount of $100,000,000 (One Hundred Million Dollars), or an amount to be determined by the Court, to be used for creating a fund for the benefit of those who were actually injured and suffered some form of loss or harm, and to punish defendants for willful disregard of lawful procedure, and to deter future misconduct, together with such other relief as the court may decree fitting and proper.

Dated: Calverton, New York



January 26, 2015



Yours etc.


_______________


Gregory John Fischer


P.O Box 285


Calverton, NY 11933-0285


Phone: 631-727-9637


Fax: 631-727-9638


(Fax is not for service)


Email: This email address is being protected from spambots. You need JavaScript enabled to view it.


(Email is not for service)


(Revision 1.6)


EXHIBIT A:


Executive Order No. 141 Declaring a Disaster and a Temporary Suspension and

Modification of Health Statutes and Regulations in All Counties Throughout Hudson

Valley, New York City and Long Island.


WHEREAS, on January 26, 2015 and continuing thereafter, a strong winter storm began to impact New York State and poses an imminent danger to vital public transportation, utility service, and public health and public safety systems within the counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Ulster, Westchester, and contiguous areas; and


WHEREAS, this winter storm is predicted to produce blizzard-like conditions, snowfall amounts of in excess of two feet, wind gusts up to 65 miles per hour, and dangerously cold wind chills. These conditions may cause widespread power outages and roadway closures, damage to homes, apartments, and businesses, public and private property, and may result in moderate to severe coastal erosion, and will continue to pose a threat to the public health and safety;



WHEREAS, it is incumbent upon the State to ensure that the provision of health care services to New Yorkers continues with minimal disruption; and



WHEREAS, full compliance with certain statutory and regulatory requirements may delay or impede the ability of providers to furnish such services;



NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby find that a disaster is imminent for which the affected local governments are unable to respond adequately. Therefore, pursuant to the authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, I hereby declare a State Disaster Emergency effective January 26, 2015 within the territorial boundaries of the counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Ulster, Westchester, and contiguous counties. This Executive Order shall be in effect through February 2, 2015;


and


FURTHER, pursuant to Section 29 of Article 2-B of the Executive Law, I direct the implementation of the State Comprehensive Emergency Management Plan and authorize, effective January 26, 2015, the State Office of Emergency Management, the Department of Health, the Department of Transportation, the State Police, the Division of Military and Naval Affairs, the Department of Environmental Conservation, the State Department of Corrections and Community Supervision, the Public Service Commission, the Office of Fire Prevention and Control, the Department of Labor, the Office of Parks, Recreation and Historic Preservation, the Office of General Services, the State University of New York, the Thruway Authority, the Division of Homeland Security and Emergency Services, other State agencies as necessary, and the American Red Cross to take appropriate action to protect State property and to assist affected local governments and individuals in responding to and recovering from this disaster, and to provide such other assistance as necessary to protect the public health and safety.



IN ADDITION, this declaration satisfies the requirements of 49 C.F.R. § 390.23(a)(1)(A), which provides relief from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSR). Such relief from the FMCSR is necessary in order to ensure that snow removal crews can clear vital roadways and hasten the movement of utility power restoration crews into New York State.


IN ADDITION, I have designated John P. Melville, Acting Commissioner of the Division of Homeland Security and Emergency Services, as the State Coordinating Officer for this event.


FURTHER, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, orders, rules or regulations, or parts thereof, of any agency during a State disaster emergency, if compliance with such provisions would prevent, hinder or delay action necessary to cope with the disaster, hereby temporarily suspend, for the period from the date of this Executive Order through February 2, 2015, the following laws:



Subdivision (2) of section 3320 of the Public Health Law, and any associated regulations, to the extent necessary to allow licensed facilities, including but not limited to hospitals,
nursing homes, and institutional dispensers, to temporarily accept, store and administer those controlled substances lawfully prescribed to patients and residents affected by the
disaster emergency, while maintaining appropriate patient specific record-keeping and diversion prevention practices, and subject to any terms and conditions that the Commissioner of Health may deem appropriate;



Subdivision (1) of section 3333 and subdivision (2) of section 3338 of the Public Health Law, and any associated regulations, to the extent necessary to allow a licensed pharmacist to dispense a controlled substance to a patient whose access to prescriptions or previously dispensed controlled substances has been directly affected by the disaster emergency, if the pharmacist, through the use of a shared database can verify the
authenticity of the prescription and the prescription indicates authorized refills;



Subdivision (3) of section 3332, subdivision (1) of section 3333 and subdivision (3) of section 3339 of the Public Health Law, and any associated regulations, to the extent necessary to allow a licensed practitioner to prescribe and a licensed pharmacist to dispense a controlled substance more than seven days prior to the date the previously dispensed supply would have been exhausted if the patient’s supply has been destroyed, made unusable or made inaccessible due to the disaster emergency;




Paragraph (a) of subdivision (2) of section 6810 of the Education Law, and any associated regulations, to the extent necessary to allow a licensed pharmacist to dispense a non-controlled prescription drug to a patient whose access to previously dispensed noncontrolled prescription drug has been directly affected by the disaster emergency, if the pharmacist, through the use of a shared database can verify the authenticity of the prescription and the prescription indicates authorized refills.



Section 400.9 and paragraph (7) of subdivision (f) of section 405.9 of Title 10 of the New York Codes, Rules and Regulations (“NYCRR”), to the extent necessary to permit general hospitals and nursing homes licensed pursuant to Article 28 of the Public Health Law (“Article 28 facilities”) and affected by the disaster emergency to rapidly discharge, transfer or receive patients, as authorized by the Commissioner of Health, provided that such facilities take all reasonable measures to protect the health and safety of patients and residents, including safe transfer and discharge practices, and comply with the Emergency Medical Treatment and Active Labor Act (42 U.S.C. § 1395dd) and any
associated regulations;



Section 400.11 of Title 10 of the NYCRR, to the extent necessary to permit Article 28 facilities receiving patients evacuated from other Article 28 facilities due to the disaster emergency to complete patient review instruments as soon as practicable;



Section 400.12 of Title 10 of the NYCRR, to the extent necessary to allow patients affected by the disaster emergency to be transferred to receiving Article 28 facilities as authorized by the Commissioner of Health;



Subdivision (e) of section 405.2 of Title 10 of the NYCRR, to the extent necessary to permit general hospitals affected by the disaster emergency to maintain adequate staffing;



Subdivision (b) of section 405.3 of Title 10 of the NYCRR, to the extent necessary to allow general hospitals affected by the disaster emergency to use qualified volunteers or personnel affiliated with different hospitals, subject to terms and conditions established by the Commissioner of Health;



Paragraph (6) of subdivision (b) of section 405.4 of Title 10 of the NYCRR, to the extent necessary to allow general hospitals affected by the disaster emergency to assess the fitness of medical postgraduate trainees and attending physicians to continue working without a specific hourly limit;



Paragraph (1) of subdivision (e) of section 405.4 and subdivision (b) of section 707.3 of Title 10 of the NYCRR, to the extent necessary to permit physicians to supervise up to ten physician assistants and registered specialist assistants in general hospitals affected by the disaster emergency;



Paragraph (12) of subdivision (b) of section 405.9 of Title 10 of the NYCRR, to the extent necessary to permit general hospitals receiving patients transferred from Article 28 facilities evacuated as a result of the disaster emergency to arrange for the performance of histories and physical examinations of the evacuated patients as soon as practicable following admission;


Subdivision (d) of section 405.19 of Title 10 of NYCRR, to the extent necessary to allow general hospitals affected by the disaster emergency to staff their emergency departments as needed;


Subdivision (a) of section 405.28 of Title 10 of the NYCRR, to the extent necessary permit general hospitals receiving individuals affected by the disaster emergency to



provide social services screenings as soon as practicable following admission or to forego such screenings for individuals returned to facilities from which they were evacuated;



Section 415.11 of Title 10 of the NYCRR, to the extent necessary to permit nursing homes receiving individuals affected by the disaster emergency to perform comprehensive assessments of those residents temporarily evacuated to such nursing homes as soon as practicable following admission or to forego such assessments for individuals returned to facilities from which they were evacuated;


Subdivision (b) of section 415.15 of Title 10 of the NYCRR, to the extent necessary to permit nursing homes receiving individuals affected by the disaster emergency to obtain
physician approvals for admission as soon as practicable following admission or to forego such approval for individuals returned to facilities from which they were evacuated;



Subdivision (i) of section 415.26 of Title 10 of the NYCRR, to the extent necessary to permit nursing homes receiving individuals affected by the disaster emergency to comply with admission procedures as soon as practicable following admission or to forego such procedures for individuals returned to facilities from which they were evacuated;



Paragraph (7) of subdivision (h) of section 763.4 and paragraph (1) of subdivision (d) of section 766.5 of Title 10 of the NYCRR, to the extent necessary to permit certified home health agencies, long term home health care programs, AIDS home care programs, and licensed home care services agencies serving individuals affected by the disaster emergency to conduct in-home supervision of home health aides and personal care aides
as soon as practicable after the initial service visit;


Subdivision (a) of section 763.5 of Title 10 of the NYCRR, to the extent necessary to permit initial patient visits for certified home health agencies, long term home health care programs and AIDS home care programs serving individuals affected by the disaster emergency to be made within 48 hours of receipt and acceptance of a community referral or return home from institutional placement;


Subparagraph (ix) of paragraph (5) of subdivision (b) of section 505.14 and subdivision (f) of section 505.28 of Title 18 of the NYCRR, to the extent necessary to permit an additional 15 days for reauthorizations of personal care and consumer directed personal assistance program services for individuals affected by the disaster emergency, where the authorized period of services otherwise would terminate during the period of the disaster emergency declared pursuant to this Executive Order


Subparagraph (ii) of paragraph (2) of subdivision (e) of section 505.14 of Title 18 of the NYCRR, to the extent necessary to permit training for personal care workers serving individuals affected by the disaster emergency to be held as soon as practicable after the conclusion of such period, where such training otherwise would be required during the period of the disaster emergency declared pursuant to this Executive Order, provided that such workers have sufficient competence to provide such services; and



Paragraph (3) of subdivision (f) of section 505.14 of Title 18 of the NYCRR, to the extent necessary to permit nursing supervision visits for personal care services provided to individuals affected by the disaster emergency to be made as soon as practicable.


G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty-sixth day of January in the year two thousand fifteen.



BY THE GOVERNOR


Secretary to the Governor

https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO141.pdf

EXHIBIT B:




Executive Order No. 142 Temporarily Modifying Laws and Regulations to Authorize the




Governor to Regulate Traffic and Suspending Laws Establishing Time Limitations on Actions and Time in Which to Take an Appeal




WHEREAS, on January 26, 2015, I issued Executive Order Number 141 declaring a disaster emergency in the counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Ulster, Westchester and
contiguous counties;



NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify specific provisions of any statute, local law, ordinance, orders, rules or regulations, or parts thereof, of any agency or governmental entity during a State disaster emergency, if compliance with such provisions would prevent, hinder or delay action necessary to cope with the disaster, I hereby temporarily modify, through February, 2, 2015, the following laws and regulations:



Section 24 of the Executive Law; sections 104 and 346 of the Highway Law; 1602, 1630, 1640, 1650, and 1660 of the Vehicle and Traffic Law; section 14(16) of the Transportation Law; sections 6-602 and 17-1706 of the Village Law; section 20(32) of
the General City Law; section 91 of Second Class Cities Law; section 19-107(ii) of the New York City Administrative Code; and section 107.1 of Title 21 of the New York Codes, Rules and Regulations, to the extent necessary to provide the Governor with the authority to regulate traffic and the movement of vehicles.



FURTHER, I hereby temporarily suspend, for the period from the date of this Executive Order through January 28, 2015, to the extent that any person or an attorney for any person has been directly affected by the disaster emergency, the following laws:



Section 180.80 of the Criminal Procedure Law, to the extent that it limits the time during which a defendant against whom a felony complaint has been filed with a local criminal court may be held in custody pending the disposition of such felony complaint when such limitation period concludes during the period commencing from the date that the disaster emergency was declared pursuant to Executive Order Number 141;



Section 201 of the Civil Practice Law and Rules, so far as it bars actions whose limitation period concludes during the period commencing from the date that the disaster emergency was declared pursuant to Executive Order Number 141, and so far as it limits a court’s authority to extend such time, whether or not the time to commence such an action is specified in Article 2 of the Civil Practice Law and Rules;



Section 5513 of the Civil Practice Law and Rules, so far as it relates to a limitation period that concludes during the period commencing from the date that the disaster emergency

was declared pursuant to Executive Order Number 141;



Section 25 of the Court of Claims Act, so far as it relates to a limitation of time to appeal in which a limitation period concludes during the period commencing from the date that
the disaster emergency was declared pursuant to Executive Order Number 141;



Sections 30.10 and 30.30 of the Criminal Procedure Law, so far as they may bar criminal prosecutions, in cases whose limitation periods conclude during the period commencing from the date that the disaster emergency was declared pursuant to Executive OrderNumber 141;





Sections 460.10, 460.30, 460.50 and Article 460 of the Criminal Procedure Law, so far as they relate to a limitation of time to appeal and such limitation period concludes during the period commencing from the date that the disaster emergency was declared pursuant to Executive Order Number 141; and

Section 1113 of the Family Court Act, so far as it relates to a limitation of time to appeal and such limitation period concludes during the period commencing from the date that
the disaster emergency was declared pursuant to Executive Order Number 141.



IN ADDITION, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, any other statute, local law, ordinance, order, rule or regulation or part thereof, establishing limitations of time for the filing or service of any legal action, notice or other process or proceeding that the courts lack authority to extend through the exercise of discretion, where any limitation of time concludes during the period commencing from the date that the disaster emergency was declared pursuant

to Executive Order Number 141.




G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty-six day of January in the year two thousand fifteen.




BY THE GOVERNOR



Secretary to the Governor
https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO%20%23%20142.pdf
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