A judge dismissed a lawsuit yesterday that challenged the wording of a ballot measure that would legalize casino gambling in the state. Supreme Court Justice Richard Platkin said the lawsuit was "untimely and lacking in legal merit."

Eric Snyder, a bankruptcy lawyer from Brooklyn, filed the case in state Supreme Court in Albany earlier this month, arguing that the language of the proposal was biased toward the purported benefits of casinos. Snyder said the amendment "constitutes the use of public money to advocate the position of a public institution, in violation of the New York State Constitution."

A Siena College poll seemingly bore out Snyder's claims: respondents were much more favorably inclined toward the measure when read ballot language that touted the cash that casinos might generate for schools and the jobs they could create.

Snyder said he plans to seek an emergency appeal of yesterday's decision with the state's higher courts. Gov. Andrew Cuomo's administration supports the measure and has acknowledged consultingwith the Board of Elections on the proposal.

Other Stories We're Following

Lhota Does Nothing As Women With Him Are Kicked Out of Synagogue (Daily News)

Lhota Explains Role in Crime Data (NY Times)

Trade Center Contractor Said to Focus of Inquiry Into Misuse of Funds (NY Times)

Critical Section of Delayed Water Tunnel Completed (Wall Street Journal)

Cuomo Criticizes de Blasio's Plan to Raise Taxes on Wealthy (Daily News)

Underdog Hasidic Sect Wields Votes In Mayoral Race (DNAinfo)

Mayoral Debate Muddles Key Housing Issue (Crain's)

Democratic mayoral candidate Bill de Blasio painted his GOP rival, Joe Lhota, as being in line with the national Republicans and the tea party at their first televised debate last night. While Lhota differs from the national GOP on social issues, he did tell the Staten Island Tea Party he was philosophically very similar.

De Blasio stressed that his plan to raise taxes on the wealthy to pay for universal pre-K could pass through the state, but Gov. Andrew Cuomo yesterday made it clear that was unlikely. Lhota stressed his managerial experience as a former Madison Square Garden executive, deputy mayor to Rudy Giuliani, and head of the Metropolitan Transportation Authority. He also said the city should be thanking Police Commissioner Ray Kelly for reducing crime, but made the point that officers who abuse stop-and-frisk powers should lose their job.

He later accused de Blasio of flip-flopping on his plan to charge rent to charter schools, but the Democrat has been speaking about it since July.

You May Have To Squint To Read The Ballot: The ballots for November's election will be printed in 6-point font, the smallest size ever used by the city's Board of Elections. By Chester Soria. READ MORE.

6 Proposals On November's Ballot And What They Mean: Besides picking a new mayor, New Yorkers will have the opportunity to approve or reject six ballot measures this year. Here's our take on them. By David Howard King. READ MORE.

Other Stories We're Following

1 In 10 New Yorkers Might Be At Risk In Evacuation (WNYC)

Indian Point Had Most Nuclear Violations In US (Associated Press)

Tower Taller Than Empire State Wins City Approval (Daily News)

Corruption Panel To Investigate State Democratic Party (NY Times)

Legislature's Most Powerful Spend The Most (Albany Times Union)

The Poorly Financed Opponents Of State Casino Gambling (Capital)

Bike Lanes Multiply, But Critics Hit Brake (Wall Street Journal)

Police Union Sues Over Law Easing Profiling Suits (Associated Press)

Gov. Andrew Cuomo's Moreland Commission appears to be sending a message to the state legisalture with a just-released statement. 

On August 27, we requested information to be submitted by certain legislators. Leaders of the legislature for both the Assembly and Senate refused to cooperate. The Commission voted today to aggressively move forward in compelling production of information into specific matters that the Commission is investigating. The Commission will continue its mandate of investigating corruption, issuing subpoenas, holding public hearings and will issue our first report on December 1.

Earlier this year the commission sent legislators a request for information regarding their outside income, including information about their clients. Both houses of the legislature refused and Moreland Commisison spokeswoman Michelle Duffy responded by blasting legisaltors. "As the old adage goes, if you've done nothing wrong, you have nothing to hide. 

Since then, the commission has suffered its own problems as reports have surfaced that the Cuomo administration influenced the commission to kill certain subpoenas while looking to leverage the commission for negotiations over new ethics legisaltion with the legislature. The statement also appears to be sending the message that the commisison does not plan to wrap up anytime soon. 

Democratic nominee Bill de Blasio and GOP candidate Joe Lhota will meet tonight for their first mayoral debate of the general election. Two more will follow. Both candidates expressed their happiness yesterday about celebrating Columbus Day as a way to honor Italian-Americans. But while de Blasio expressed misgivings about Columbus, Lhota called debate on the subject a waste of time. De Blasio also said that if elected, he would immediately review all decisions Mayor Bloomberg makes in his last months in office. Former Bronx Borough President Adolfo Carrión will not be in any of three debates.
NEW IN THE GOTHAM GAZETTE
Keeping It Running: The city’s mass transit is groaning under the weight of age and use. Yet if the city and state fail to maintain or expand mass transit, there is a possibility that the entire mess of it all could choke on its own congestion. Figuring out where new transit money might come from is perhaps one of the biggest challenges facing policymakers—and the next mayor—in the years ahead. By Cody Lyon. READ MORE

Other Stories We're Following

Casino Referendum Led Gambling Industry To Spend Richly In Albany (NY Times)

Racial Gap In Resources At City's Public Schools (Capital)

New Yorkers Forgot To Kill Each Other Last Week (NY Observer)

Groups Seek Changes In State Policy As Hunger Grows (Associated Press)

Lawsuit Alleges Silver Breached Oath Of Office (Albany Times Union)

New ‘Slow Zones’ All Over City (Daily News)

Violations Found In City’s Highest-End Grocery Stores (Daily News)

Two former associates of Comptroller John Liu avoided lengthy sentenceson Thursday for theirinvolvement in funneling the Liu campaign cash through an illegal fundraising scheme. Jia Hou and Xing Wu Pan faced maximum sentences of up to 20 years but only received sentences of a few months. Hou was sentenced to 10 months and Pan to four. Liu decried the entire investigation. “For reasons I may never fully understand the U.S. attorney’s office set out to destroy me with what has been described as an extraordinarily intrusive and exhaustive investigation,” said Liu. 

New in the Gotham Gazette

Housing Activists’ Hopes For Moreland Commission Fade: Housing advocates are planning to organize as many tenants as they can to show up and testify at the next public commission hearing about the influence of real estate money on state housing policy. By David Howard King. READ

Other Stories We're Following

De Blasio's Frontrunner Status Discourages Lhota Backers From Donating (DNAinfo)

Council Moves to Stall Land Leases at Public Housing (NY Times)

NYPIRG Joins Casino Referendum Opposition (Albany Times Union)

De Blasio Has Wide Lead According to Poll (Wall Street Journal)

Cuomo Denies Ordering Group to Nix Subpoenas (Daily News)

Kellner Gets Public Funds For An Unsanctioned WFP Run (Capital)

Real Estate Group Doesn't Fear de Blasio, Won't Spend For Lhota (Capital)

City Buys First Sandy Damaged Home (Crain's)

A Daily News/New York Public Interest Group report has found that TV and movie industry players have made $900,000 in political contributionst to New York politicians since 2010. Gov. Andrew Cuomo brought in $219,000--the most of any state politician. Cuomo took a large chunk of those funds early in 2013 while he was pushing for a tax credit program to entice Jimmy Fallon and other shows to relocate to New York. “All too often, tax breaks are given to industries that write a lot of campaign checks,” NYPIRG's Bill Mahoney said. Sens. Marty Golden and Michael Gianaris both received major donations from the industry and both men have carried bills relating to tax credits for the industry.

Other Stories We're Following

De Blasio Slams Housing Authority (Daily News)

Hospital Hired de Blasio's Wife After He Made Introduction (NY Times)

A Mayoral Debate Without de Blasio (NY 1)

De Blasio WIll Help Decide Fate of Long Island College Hospital (NY Post)

Report Says New York Has Worst Tax Climate (Lower Hudson Journal)

Lhota Doesn't Agree With Backer Who Predicts de Blasio Victory (Wall Street Journal)

Mario Cuomo Was Less Hands On With His Anti-Corruption Commission (Albany Times Union)

Manhattan Rents Ease For First Time in 2 Years (Crain's)

Sen. Jeff Klein Gets Dubious Distinction From Environmentalists (Gotham Gazette)

City Council Cooks Up Restaurant Grade Reforms (Gotham Gazette)

Bronx State Sen. Jeff Klein got an award today that he probably doesn't want —  the "Oil Slick Award" from EPL/Environmental Advocates.

The organization says they have bestowed the award on Klein for failing to act on environmentally friendly legislation. Klein earned only 42 points out of the 100 the group awards to legislators for acting on the initiatives that EPL/Environmental Advocates support. Here is waht the group had to say about Klein's score, via their press release:

In addition to earning just 42 points out of a possible 100, Senator Klein earned this dubious distinction in 2013 by:
· Refusing to use his veto power to prevent bad bills from coming to a vote.
· Voting for three bills that would have significant and lasting detrimental impacts on our environment.
· Letting the 2013 legislative session come to a close without allowing votes on two bills that had 34 and 37 Senate sponsors, when only 32 votes are needed for passage.
· Leaving Albany without sending a single bill to Governor Cuomo that, in the wake of Hurricane Sandy, would fight climate change or modernize our infrastructure with clean, renewable power.

Eric Soufer, Klein's spokesman, blasted the report: "Environmental Advocates is about as credible on climate policy as the Koch Brothers are on tax policy. Today's event was just another cheap gimmick brought to you by the tea party of the left. But we expect nothing less from a group run by expendable ex-staffers from the Senate Democrats' failed tenure in power. Senator Klein not only opposes hydrofracking outright, but has been endorsed by nearly every environmental group in every election he has ever run. We will let those facts speak for themselves." 

Focusing the disappointment of one session on one legislator may seem a bit much but EPL points out that Klein put himself in a very powerful position by making a deal with Senate Republicans. "We had high hopes leading in to 2013 that bipartisan leadership would break the legislative logjam that has stalled so many environmental initiatives in the State Senate," said Dave Gahl, executive director of EPL/Environmental Advocates. "But during 2013, Senator Klein led the State Senate in the wrong direction while becoming a new obstacle to environmental progress. We hope that receiving the Oil Slick award will be the wakeup call that Senator Klein needs to be the leader he promised."

The group also issued its scorecard for the rest of the Legislature. Republican Sens. Dean Skelos, and Mark Grisanti also scored 42 points. Assemblyman Robert Sweeney earned an "Honorable Mention" for being a strong leader on environmental bills with the caveat that no legislator received the 2013 legislator of the year award.

A judge ruled yesterday that the city overstepped its authority by requiring yellow cab operators to purchase a vehicle chosen in 2011's Taxi of Tomorrow competition. Justice Shlomo Hagler of State Supreme Court in Manhattan said the power to force medallion owners to use the vehicle isn't in the City Charter. He also said that this is the type of policy work the council should be performing, not the Taxi Commission. The cab, a $29,700 Nissan NV200, was criticized for being neither a hybrid nor wheelchair-accessible unless modified. De Blasio has opposed the taxi plan. Nissan is producing the taxis now, as the rule was to take effect within days. Their contract with the city permits them to recoup design and production costs - estimated at $50 million or higher.

New In the Gotham Gazette

Reckoning With Diversity In The Council Speaker Race: Letitia James is on her way to becoming the next public advocate. The first woman of color likely to win citywide office, James’ win is already opening a door: for a white man to become the next City Council speaker. By Chester Soria. READ MORE

ICYMI: Adolfo Carrión On His Independent Bid For Mayor by David Howard King. READ MORE

Other Stories We're Following

Cuomo Calls On Commission To Reject ConEd Rate Increases (Wall Street Journal)

Thousands Rally Against de Blasio's Charter-School Rent Plan (NY Post)

Stringer's Comptroller Rival Goes On Offensive (Daily News)

Public Advocate Candidate Letitia James Rejects Public Funds (Daily News)

Bloomberg Pushed New Yorkers On Health, They Pushed Back (WNYC)

Lhota Says Crime Could Surge Under de Blasio (Associated Press)

City Can Ease Housing Costs By Increasing Supply (City Journal)

A federal court judge will hear arguments today on allowing political action committees to accept donations exceeding the state’s $150,000 annual limit for individuals. The suit is being brought by the New York Progress and Protection PAC, which aims to elect GOP candidate Joe Lhota mayor.

The PAC is asking Manhattan federal Judge Paul Crotty to issue a preliminary injunction invalidating the state law, suspending the rules while the case is heard. They argue that the U.S. Supreme Court's Citizens United ruling barring states from limiting contributions to PACs invalidates New York's rule. "The state’s limit on PAC donations, even when the PAC is spending independently of a campaign, is plainly unconstitutional," argues Terry Pell, who works for NYPP's co-counsel in the case.

Public Advocate Bill de Blasio, the Democratic nominee for mayor, pushed back: “This is about more than one election. It’s about defending the voices of everyday New Yorkers. It’s a fight we are going to win.” The hearing is scheduled for 2PM.

Other Stories We're Following

Cuomo’s Office Said To Rein In Ethics Board He Created (NY Times)

Gambling Interests Have Donated Millions To New York Pols (NY Post)

Stop And Frisk's Rise Threatens Bloomberg's Crime Legacy (WNYC)

De Blasio's Career Has Been All About Becoming Mayor (Daily News)

Bloomberg's City Planning Chief: De Blasio's Housing Plan 'Interesting' (Daily News)

Lhota Wants To Cut Municipal Workforce (NY Post)

ConEd Rates Turn Off Commission (Wall Street Journal)

Fact-Checking Hynes’s Take On Reversal (NY Times)

MTA Report Suggests Reactivating Abandoned Rockaway Rail Line (DNAinfo)

Local restaurants, offices and myriad businesses generate millions of tons of solid waste each year, all of it hauled away by private contractors who operate outside the city’s direct control.

A coalition of labor unions, community and environmental groups says the city under the next mayor should take greater control of commercial waste collection and bring order to the industry by establishing a franchise system.

In a report authored by the Alliance for a Greater New York, the group proposes the creation of a competitive bidding process for private haulers. Franchise zones, to be established across the city, would “ensure accountability through reporting requirements and increased city oversight,” the group argues in Transform Don’t Trash NYC, released last week.

Under the proposed franchise system, private carters would be required to follow key “environmental and labor practices” in exchange for a steady, geographically clustered customer base. Carting companies would be required to provide safety training and a living wage to their employees, in keeping with the working conditions of city sanitation workers.

The franchise zones would rationalize a waste pick-up system in which a reported 4,000 licensed and un-licensed trucks crisscross the city, with multiple carters in the same neighborhood at times, the group says. And both the rationalizing of pick-up routes, and higher emissions standards for trucks, would help to improve air quality, especially in communities that host transfer stations, the report argues.

ALIGN says that cities like San Jose, Calif., and Seattle, Wash., have adopted similar franchise systems for commercial waste collection.

New York City’s restaurants, offices, and businesses generate 3.2 million tons of solid waste each year, according to ALIGN. Two million tons of that waste finds its way to landfills and incinerators in a process described as “inefficient, costly and polluting.”

The city’s commercial waste is trucked daily to waste transfer stations concentrated in areas historically home to low-income and minority communities. The environmental justice movement has maintained for years that elevated asthma rates and other public health issues in these areas can be linked to heavy truck traffic, transfer stations and other waste management-related infrastructure.

More recycling by businesses would also minimize truck trips to transfer stations.

ALIGN’s proposed environmental standards require that carters increase recycling rates. The city’s last analysis of the commercial waste stream in 2004 estimated that almost 30 percent of commercial waste was recycled. ALIGN says over 90 percent of the city’s commercial waste can now be recycled or composted.

In May, the city launched a pilot residential composting program, which is set to expand to 100,000 residents by 2014.