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POLITICO New York Playbook, presented by Facts About Herbalife: POLL: New Yorkers happier -- TRUMP's mark on the city -- PAT KIERNAN's new gig

02/24/2016 07:19 AM EDT

By Azi Paybarah in Manhattan, Jimmy Vielkind in Albany, and Mike Allen in D.C., with Daniel Lippman

A POLL'S GOOD NEWS FOR DE BLASIO - POLITICO New York's Laura Nahmias: New Yorkers are feeling better about Mayor de Blasio than they did a few short months ago, a new NY1-Baruch College City poll shows. The poll has New Yorkers feeling more satisfied with city services than they did in September 2015, and a larger number of city residents now approve of de Blasio's performance as mayor than they did in September. The poll shows 71 percent of adult New Yorkers are either very or somewhat satisfied with city services, up five points from the 66 percent who felt that way in September. And 58 percent of New Yorkers said they have a positive view of how de Blasio is performing as mayor, the same approval rating de Blasio enjoyed in February of 2015. It is also a substantial improvement over his approval rating in September 2015, when just 44 percent of New Yorkers said they had a positive view of de Blasio's performance, his lowest approval rating since taking office. http://politi.co/20UbrpI

-- NY1's Bobby Cuza: "The mayor rates positively across racial and ethnic lines. Blacks give him the highest approval rating - 71 percent versus just 12 percent disapproval. Hispanics are 61 percent favorable, 19 percent unfavorable. And even whites, with whom he has traditionally scored poorly, approve 50 percent to 34 percent." http://goo.gl/oQ2fSr

-- Flashback, March 2014 -- De Blasio: "I don't worry too much about any one poll ever because one of the things we've learned in this work we do is that things could be very different a week later or a month later so you just can't get too fixated on any given poll." via POLITICO New York's Gloria Pazmino: http://goo.gl/PzWYWP

THE LIMITS OF TISH JAMES' POWER - POLITICO New York's Laura Nahmias: Last November, Public Advocate Letitia James issued an open threat to the city's worst landlords.

"I want all of you to know that this is a new office of the Public Advocate," James told a cheering crowd of tenants in Lower Manhattan. "And now we're going to use the Office of Public Advocate to sue. To sue on your behalf, because we're not afraid to stand up against these powerful landlords who have again continued to ignore the rights of tenants and allowed their buildings to remain in these horrible conditions."

She'd done exactly that before . In February 2015 she sued the city's Department of Buildings and the landlords of a New York City apartment building on behalf of tenants who said the building was not sufficiently accessible for people with disabilities. James, a former Legal Aid attorney and assistant attorney general, has made litigation a central part of her first two years as public advocate. Since taking office in 2014, she has filed 11 lawsuits - more than each of her predecessors - on behalf of tenants, schoolchildren and children in foster care.But a review of the litigation filed by her office, along with prior court rulings, suggests James lacks the legal authority to sue the city in some of those cases. James has already been removed, or has withdrawn, from some high-profile suits, and the city's corporation counsel is currently moving to quash her involvement in several others. http://politi.co/1Rlxv9Y

BOE COULD TAKE ACTION AGAINST COMMITTEES WITH NEGATIVE BALANCES - POLITICO New York's Bill Mahoney: The independent enforcement counsel at the state Board of Elections says she views campaign committees with a negative balance as a "very serious violation" of election law, which could result in dozens of prominent state politicians being subjected to enforcement actions should they fail to fix their filings. At the board's monthly meeting Tuesday, Risa Sugarman said she had reviewed hundreds of potential violations sent to her and removed ones deemed de minimus, such as when candidates failed to disclose only one donor's address. "What I did is I picked out what I felt was more serious - cash contributions over $100, negative balances I thought was a very serious violation, and the failure to provide loan documents to the board when there was a loan that was submitted without loan documents," she said. http://politi.co/1XLrDJK

-- Two Republican commissioners voted to certify presidential candidates for the ballot including Jeb Bush, who dropped out of the race Saturday. http://bit.ly/20U63CU

TWEET OF THE DAY: @Cher responds to an Assembly-Republican interaction: "@NMalliotakis that isn't true. We might not agree, But it's The T-Bag, Right Wing NUTS... I HAVE PROBLEM WITH" http://bit.ly/20U6Rb0

TWITTER REJOINDER OF THE DAY: @NMalliotakis: "@eorden @JonCampbellGAN @cher I don't know...but I am going to frame it and put next to my Cher doll." http://bit.ly/20U7rW9

QUOTE OF THE DAY: "Zero. I have given it zero thought. It is that clear enough as an answer? Nada. Niente. Scata. Zero." -- Cuomo told reporters regarding a possible 2020 presidential run http://politi.co/20U2xZe

BONUS QUOTE OF THE DAY: "Bullshit." -- NYPD commissioner Bill Bratton, responding to a lawsuit alleging that CompStat helps lead to illegal quotas. via POLITICO New York: http://goo.gl/cnbWQZ

HAPPY BIRTHDAY: Paula Zahn is 60, former Sen. Joseph Lieberman, food critic Steve Barnes, flack Maggie McKeon, TLC spokesman Allan Fromberg, Director of the Police Reform Organizing Project Bob Gangi, and Adam Bermudez, an aide to City Councilman Andy King of the Bronx.

** A Message from Facts About Herbalife: Like millions of others, Rosa thought that selling Herbalife products could help her achieve the American Dream. Instead, she lost her life savings from a pyramid scheme that preys on minority communities and aspiring entrepreneurs. Watch The American Dream Denied: Herbalife Victims Speak Out: http://bit.ly/1UcIRQh **

TABS -- Post: "TRUMP'S WINNING STREAK HITS NEVADA" -- Daily News: "DERELICTS OF DOODY: Senate GOP leaders sign letter vowing to defy Constitution and ignore ANY Supreme pick" -- SEE THEM: https://goo.gl/EETqt1

-- amNY: "HOW SEET IT FIZZ! Iconic billboard would be first ad in city history to get landmark status" -- Hamodia: "New York Cracks Down on Independent Energy Retailers" -- El Diario [translated]: Legal help at hand

FRONT PAGES -- NYT, 3-col., above the fold: "Trump in New York: Deep Roots, but Little Sway" -- WSJNY, 4-col., above the fold: "Police Probe CPR Training"

REP. KING BACKS RUBIO -- Newsday's Tom Brune: "Rep. King endorsed Marco Rubio for president on Tuesday, rejecting Republican front-runners Donald Trump and Ted Cruz because 'Republicans can't afford to forfeit this race to Hillary Clinton by nominating the wrong candidate.'" http://goo.gl/Jkqi8e

-- Flashback, Feb. 2013: "King Rips Rubio For Wall St. Fundraising Despite Sandy Aid No Vote; L.I. Rep. Calls Move 'Disgraceful,' Says NYers Shouldn't Give Senator A Penny." -- CBS New York: http://goo.gl/V5NBI3

DONALD TRUMP'S NEW YORK - deep roots, little influence - Times' Susanne Craig and David Chen: "Mr. Trump has embraced his roots as a New Yorker as being crucial to his presidential bid, and in so doing, the Republican candidate has given the impression as he crossed the country that he is a force to reckon with in the city of his birth. But while Trump remains a visible brand name around the city's five boroughs, it is much harder to discern his imprint as a classic power broker, someone who is feared and can make things happen with a phone call or a quiet aside with the right person at the right time.

"His real estate holdings in New York are modest; he did not make the top 10 in lists of major condominium developers and power players in real estate in the city, as judged by several publications. He does not belong to trade groups like the Real Estate Board of New York or the Association for a Better New York. He rarely interacts with top politicians or government officials, or contributes to campaigns. Discussions about running for governor in 2014 never got off the ground. Though he portrays himself as a major developer, his companies' highest profile ownership stakes in real estate in New York include an office building on Wall Street; part of another on Avenue of the Americas; commercial space at Trump Tower on Fifth Avenue, where he lives; and parking below the Trump Plaza on East 61st Street.

-- Dwindling influence: "Mr. Trump, and entities affiliated with him, used to reliably donate to local Democrats and Republicans in New York - more than $700,000 to state candidates and $140,000 to city candidates since 1980, records indicate. However, Mr. Trump could appear naïve about the mechanics of campaign finance. In 1996, eager to support Rudolph W. Giuliani's re-election bid as mayor, he enclosed two checks totaling $6,900 in a letter addressed to the Republican mayor and mailed to City Hall. The money was later returned, according to Mr. Giuliani's public archives." http://nyti.ms/1mW0LsY

REMEMBERING BARBARA CLARK, LONGTIME ASSEMBLY MEMBER, 76 - New York Times' Vivian Yee: "Barbara M. Clark, a New York assemblywoman from Queens who made public education her signature issue over three decades in Albany, died on Monday in New Hyde Park, on Long Island. ... At her death, Ms. Clark, a Democrat, was the Assembly's deputy majority whip. She had previously led the New York State Legislative Women's Caucus and the Assembly Standing Committee on Aging. The daughter of a coal miner, Ms. Clark was born on June 12, 1939, in Beckley, W.Va. She was first elected to the Assembly in 1986 to represent a middle-class Queens district that included the neighborhoods of Bellerose, Cambria Heights, Hollis and St. Albans. She held the seat until her death. Ms. Clark said she had entered politics for a simple reason: She had gotten involved with the local public schools, where all four of her children were educated, and wanted to make a greater impact." http://nyti.ms/20U0tR2

REMEMBERING HENRY DIAMOND, NEW YORK'S FIRST ENCON COMMISSIONER, 83 - Times Union's Casey Seiler: "Henry Diamond, the first commissioner of New York's Department of Environmental Conservation, died Sunday at age 83 in Washington, D.C. In addition to his pioneering work at DEC - the first state agency of its kind in the nation - Diamond played key roles developing environmental and conservation policy at the federal level. Diamond began his career working with environmental advocate Laurence Rockefeller, and was a co-executive director of the 1965 White House Conference on Natural Beauty. Appointed to lead the newborn DEC by Gov. Nelson Rockefeller in 1970, Diamond pressed for legislative and statewide voter approval of the 1972 Environmental Quality Bond Act. Diamond led a 533-mile bicycle ride across New York State to promote the $1.2 billion bond issue, which provided for water and air pollution control and land acquisition." http://bit.ly/1mVQQ6M

CAMPAIGN CASH-"Tenant, labor coalition calls on mayor to shut down fundraising effort," by POLITICO New York's Sally Goldenberg: "A coalition of 19 community and tenant groups and unions is calling on Mayor Bill de Blasio to shut down a nonprofit his allies recently set up to raise money for his housing plan, calling its ties to real estate money 'unconscionable.' The letter, which will be sent to de Blasio on Wednesday and was provided to POLITICO New York in advance, comes on the heels of a call by Common Cause of New York for a dual investigation into the mayor's use of these nonprofits, which can raise and spend unlimited amounts of money to promote his causes. The letter takes aim at United for Affordable NYC, which was set up in recent weeks as a 501c4 to lobby on behalf of the mayor's housing proposals before they come before the City Council for a crucial vote next month." http://politi.co/1WHFu2t

VANCE BACKS APPLE'S CALL FOR CONGRESSIONAL PANEL ON ENCRYPTION - 90 day time table sought -- POLITICO New York's Colby Hamilton: "Manhattan District Attorney Cyrus Vance Jr. said Tuesday he supports the notion of a congressional commission to look into the constellation of technology and civil liberty issues that surround law enforcement's push access to encrypted technology.

But the work should have a concrete 90-day timetable, should include stakeholders beyond the tech and civil liberties communities and should yield material results, he said in a statement. 'A commission that issues non-binding recommendations at the conclusion of an unspecified period of time is no way to address a pressing, national imperative,' Vance said. His statement came in response to an internal Apple memo made public Monday in which Apple's CEO Tim Cook said "the best way forward would be for the government ... a commission or other panel of experts on intelligence, technology and civil liberties to discuss the implications for law enforcement, national security, privacy and personal freedoms." http://goo.gl/6vuu2d

-- JUAN GONZALEZ, in the Daily News: "Apple chief Tim Cook is right to resist FBI demands that his firm devise a 'backdoor' to the iPhone. ... So until this debate gets resolved in court, keep your iPhones locked." http://goo.gl/zgvDW9

COMPSTAT 2.0 -- Crime info automatically updated online, with maps, charts - POLITICO New York's Azi Paybarah: Mayor Bill de Blasio and NYPD Commissioner Bill Bratton on Tuesday lauded an upgrade to the city's crime tracking system that, for the first time, will post crime data online in a digital format, rather than in a plain document. And Bratton said a claim made in a lawsuit by some NYPD officers alleging the data-tracking system - which is used by nearly every police department across the country - leads to an illegal quota system for police activity is "bulls***."

NYPD officials are pushing "quality, not quantity," Bratton said. "If any of my cops out there still think they're pushing for the summonses, et cetera, I'm sorry. We're pushing to reduce crime." http://goo.gl/cnbWQZ

-- DAILY NEWS editorial: "May the commissioner's redoubled openness in publicly sharing crime statistics, down to the street corner, put to rest the destructive lie that Compstat merely serves to drive harmful quotas for crime reductions and arrests." http://goo.gl/wNLlRL

-- POST editorial, on slashings: "Knife crime - slashings and stabbings - is up 20 percent this year over the same period in 2015. ... [I]f the rise keeps up, more and more New Yorkers will start asking if the effective end of stop-and-frisk has prompted people to start carrying knives more often. And then to ask if more guns will come next." http://goo.gl/vUrCZd

CPR PROBE -- NYPD investigating Liang's claim of inadequate training - POLITICO New York's Azi Paybarah: The New York Police Department is investigating claims made in open court by former officer Liang and his partner that the reason neither performed CPR on a dying man Liang shot was because the department did not train them adequately. A Brooklyn jury recently convicted Liang of manslaughter and official misconduct for not providing medical assistance to Gurley. Liang and Landau have been fired. The claims by Liang and Landau cast doubt on the quality of training at the NYPD, which is set to grow its ranks from 35,000 to more than 36,000.

Bratton said the investigation has "become very extensive," adding that "we are reviewing, very intimately, everyone that was in their class." "Under no circumstances will we tolerate any instructor in the New York City Police Department short circuiting the process" of teaching cadets, or "the testing to validate the officer has the skills necessary to safely patrol the city," Bratton said. http://politi.co/1LF1JAm

RELATED - "How Should Asian-Americans Feel About the Liang Protests?" -- Times' Jay Caspian Kang: "Every public thing that happens to Asian-Americans - whether the unexpected ascent of a Harvard-educated basketball star, the premiere of a network family sitcom or the conviction of a 28-year-old rookie cop who shot and killed an unarmed black man in the stairwell of a housing project - doubles as a referendum on the state of the people. This sounds unfair, but it happens because Asian-Americans are so rarely in the national conversation, especially within the sludgy arena of identity politics. As a rule, we seldom engage in the sort of political advocacy and discourse that might explain, or even defend, our odd, singular and tenuous status as Americans. This is how it has always been for immigrant populations who believe, rightly or wrongly, that they are on a quick march toward whiteness." http://nyti.ms/1RlxwLa

IN THE AFTERMATH OF FEGS - The collapse of the Federation Employment & Guidance Service a year ago sent shock waves through the New York nonprofit world, but it must be seen against the backdrop of a crumbling industry that won't survive without fundamental changes in reimbursement models and regulatory burdens, according to an exhaustive report from the Human Services Council. The report laid out three major problems with the industry and made eight recommendations, including reducing regulations, increasing reimbursement and warning providers to be more responsible and avoid contracts with the city or state that do not pay the full cost of services. http://politi.co/1mWoqcZ

TONIGHT: DE BLASIO'S FIRST SCHOOL CLOSURE VOTE is expected to pass - WNYC's Yasmeen Khan: "The plan to shutter three New York City public schools is expected to be approved by the Panel for Educational Policy Wednesday night, marking a notable moment in Mayor Bill de Blasio's administration: his first district school closures. City officials said that M.S. 596 Peace Academy, The School for the Urban Environment and Foundations Academy High School - all in Brooklyn - were struggling academically, had low enrollment and showed signs of even further decline in student interest. ...

-- "As a matter of policy, de Blasio has shied away from closing schools in favor of giving troubled schools extra resources through school "Renewal" or community schools programs. Two of the schools up for closure, Peace Academy and Foundations, were part of the Renewal program. Still, education officials said the schools were too small, with too few staff, to make sustainable improvements. As for what would go into the vacated spaces, there are plans to co-locate Brooklyn Prospect Charter School in the building now housing Peace Academy. Department of Education spokesman Harry Hartfield said the co-location would be temporary while construction of private space for Brooklyn Prospect is completed." http://goo.gl/VcGp0Q

SODIUM SUIT - Sandro Galea, a former New York City Board of Health member signed an affidavit indicating his support for the new rule. Galea told the court that "requiring [chain restaurants] to warn their customers about items high in sodium will at least benefit some subgroups of the population and will likely benefit all New Yorkers." But Galea did not back down from his research, which showed a "polarization of scientific reports on the link between sodium intake and clinical outcomes in populations," a finding which could prove beneficial to the National Restaurant Association's lawsuit against the city. http://politi.co/1QCj1ps

EMERGENCY RESPONSE -- FDNY opposes bill to boost reporting on non-emergency response times -- POLITICO New York's Gloria Pazmino: A bill to require more reporting on 911 response times to certain non-emergency situations will take up too many resources and distract from efforts to reduce response times for life-threatening emergencies, Fire Department officials told the City Council Tuesday. Testifying before the Council's fire committee, chief of department James Leonard said emergency response times have risen in the last year, despite an influx of resources and staff, as the city's population keeps rising and as people live longer and rely more heavily on 911. http://politi.co/1QZplBv

SALAMANCA WINS -- "Establishment Favorite Carries Bronx Council Seat in Special Election" -- Observer's Will Bredderman: "The candidate with the most money and most endorsements got the most votes in the special election to fill the empty seat of former Bronx Councilwoman Maria del Carmen Arroyo. Bronx Community Board 2 district manager Rafael Salamanca beat back five rivals to win the district covering the neighborhoods of Hunts Point, Longwood, Melrose and parts of Morrisania and Soundview. Mr. Salamanca had the backing of the County Democratic organization, the Working Families Party, most of the major unions and almost every overlapping elected official. As of this writing, with 74 percent of the results in, the Longwood resident had drawn 892 votes-putting him safely ahead of his closest rival, small business owner George Alvarez, who had 598 votes." http://goo.gl/dIKzuo

THINGS TRUMP SAYS - At a rally in Nevada yesterday: "I know why I get bad treatment in The New York Times. Because it's owned by Mexico." (Mexican billionaire Carlos Slim is a minority owner of the paper.) http://nws.mx/1OtT5V7

DEEP DIVE -- "One Day, 625 Delays," by Robert Kolker in New York Magazine: "A mechanical failure at Union Square cascaded into hours of underground hell, revealing just how fragile the subway really is." http://nym.ag/1mX8JCq

SPITZER HOOKER BEAT -- "Spitzer accuser shacked up with toy store bigwig," by Post's Lorena Mongelli and Julia Marsh: "Recently divorced dad Paul Nippes, 67, admitted to living with Svetlana Travis, 25, in a Murray Hill apartment before they were evicted last month for failing to pay the rent ... Before his divorce, Nippes had been married for 27 years and had three toy stores, including one in Grand Central Terminal ... Nippes told The Post: 'I have nothing to say except I was the victim of fraud and forgery.'" http://nyp.st/1LFJ6w5

BLOOMBERG BALLOON -- JONATHAN ALTER in Daily Beast, "Here's How Michael Bloomberg Becomes President": "Impossible, you say? In this crazy year, what's impossible? Against Trump and Sanders, Bloomberg could win. Here's how." http://thebea.st/1QeDJtb

MEDIA MORNING -- "CNN says it will no longer have Trump ally Roger Stone on air," by Politico's Hadas Gold: "Stone had made disparaging remarks on Twitter about CNN political analyst Ana Navarro ... Stone sent out tweets over the past few days calling Navarro, who was a Bush supporter, 'Entitled Diva Bitch,' 'Borderline retarded' and 'dumber than dog s---.' ... He also previously called Navarro and former contributor Roland Martin 'quota hires' for the network. ... In an email, Stone said CNN's decision 'smacks of Soviet style censorship.' 'I am an unapologetic critic of Ana Navarro because I question her qualifications to opine on any political topic- she is a 'Republican strategist' who has never actually worked on any campaign beyond an honorific title.'" http://politi.co/1Lb8S0x

BLOOMBERG HIRES PAT KIERNAN - Per Politico Media Pro: Bloomberg Media has hired NY1 anchor Pat Kiernan as a co-host of "Bloomberg North," a Canada-focused business show that will run on Bloomberg TV in Canada. Kiernan, a native of Calgary, will anchor the show from New York on Thursdays. Don't worry, he'll still do the morning show on NY1. http://bloom.bg/1Qb4lYO

--"The New York Times Announces First Recipients of David Carr Fellowship": The winners are "John Herrman, co-editor of The Awl; Amanda Hess, a staff writer at Slate; and Greg Howard, a staff writer at Deadspin. In the spirit of Mr. Carr's legacy, the fellows will spend two years in The Times's newsroom covering the dynamic intersection of technology, media, culture and race using a mix of engaging approaches to storytelling and news reportage." http://bit.ly/1LbbsDA

FUTURE OF NEWS -- "BuzzFeed Launches First Video App, Plans to Test Short Exclusives," by The Wrap's Joan E. Solsman: "BuzzFeed unveiled its first video app Tuesday, aiming to spur more sharing by diehard fans of its exploding video content and to test days-long exclusives on some of the videos it creates and owns in house." http://bit.ly/21pVbPd

REAL ESTATE -- ON THE MARKET-"Jehovah's Witnesses selling Watchtower building for $220M," by Post's Lois Weiss: "The Jehovah's Witnesses are probably wishing they had sold their Brooklyn world headquarters with its giant Watchtower signage a year ago instead of now. Sources say their 733,000-square-foot multi-building package at 17-29 Columbia Heights and 18-36 Columbia Heights in Brooklyn will end up being sold for $220 million-plus - but not the nearly $300 million it could have fetched in 2015 before the economy started rumbling. According to the spies, those that submitted bids include East End Capital, Westbrook Partners, Vornado Realty Trust, Tishman Speyer Properties, L&L Holdings and Savanna." http://nyp.st/1WHN5OA

SHELL SHOCK-"New Rule May Miss Target on Real-Estate Purchases," by WSJ's Josh Barbanel: "A new rule designed to lift the veil of secrecy from real estate purchased through anonymous shell companies in New York and Miami might not have the intended effect, real-estate lawyers and brokers said. The rule, which takes effect March 1 and continues for 180 days, requires title insurers to send the government the names of the human owners behind limited liability companies that buy high-value real estate in the two cities in all-cash transactions. But the rule can be circumvented if buyers pay the entire purchase price using a bank wire transfer, take out even a small mortgage or choose to forgo title insurance. Some might simply choose to delay a closing until the 181st day." http://on.wsj.com/1WHMfBx

FLIGHTS OF FANCY-"Mystery Bird Lover Brightens 83rd Street With Handmade Birdhouses," by DNAinfo's Shaye Weaver: "There's no lack of real estate on the Upper East Side, at least not for the birds. More than 17 colorful birdhouses of different sizes and shapes now line East 83rd Street between York and East End Avenues - all created by one man. The crafter likes to keep his anonymity, said a woman who was among the first to receive a birdhouse as a gift. Alexandra Diaz, whose family owns the Yorkafe coffee shop on the block, said a man who lives on the street and frequents the cafe brought in a birdhouse several months ago as a gift for the neighborhood. He didn't stop there, making more than a dozen more, all while letting his good deeds remain anonymous." http://dnain.fo/1WHKLY7

THE HOME TEAMS -- POLITICO New York's Howard Megdal: Raptors 122, Knicks 95: Thoroughly outclassed, the Knicks got 23 from Carmelo Anthony, but it wasn't nearly enough. Jimmer Fredette did hit a three in his Knicks debut.

-- The day ahead: the Nets are in Portland. The Rangers face the Devils at The Rock. The Islanders are in Minnesota.

#UpstateAmerica: Two SUNY Buffalo faculty members are helping to restore an 11-foot-long model of the USS Enterprise used in the 1960s filming of Star Trek. http://bit.ly/20TGn9o

** A Message from Facts About Herbalife: Like millions of others, Rosa thought that selling Herbalife products could help her achieve the American Dream and support her family. Instead, she lost her life savings - and nearly her daughter - from a pyramid scheme that preys on minority communities and aspiring entrepreneurs.

Learn about Herbalife's deceptive business practices at The American Dream Denied: Herbalife Victims Speak Out: http://bit.ly/1UcIRQh **

FOR MORE political and policy news from New York, check out Politico New York's home page: http://politi.co/1MkLGXV

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