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POLITICO New York Playbook, presented by PhRMA: DE BLASIO and BERNIE -- CUOMO vs. NRA -- GSG bash

10/07/2015 07:46AM EDT

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

AFTER CRITICISM, CUOMO SIGNS OFF ON EARMARKS - POLITICO New York's Jimmy Vielkind: He blasted them during campaigns, investigated them as attorney general and promised in 2012 that he would banish them from the state budget. So why is Gov. Andrew Cuomo now approving legislative earmarks? In the last week, leaders of the state Legislature publicly disclosed lists of earmarks they secured under the State and Municipal Facilities Program, which fiscal analysts have likened to the old "member item" program that let legislators direct money to local groups and projects at their discretion. But unlike the past, agencies that report to Cuomo are reviewing - and signing off on - the projects before the money is released. According to critics, that means the Democratic governor is approving "pork" spending that skews to support powerful incumbents: Republicans in the state Senate and Democrats in the Assembly - even after railing against spending for "pet projects" earlier this year.

"Governors Paterson and Cuomo put the final nails in the coffin of the member item process as we knew it. But what they've created is a zombie member item process, which is different but has many of the same characteristics of the old one," said Blair Horner, executive director of the New York Public Interest Research Group. http://politi.co/1LhGQKa

CUOMO VS. NRA - POLITICO New York's Keshia Clukey: The National Rifle Association's resistance to background checks on gun sales is "absurd," Cuomo said Tuesday night on MSNBC's Hardball with Chris Matthews. Cuomo is continuing his national push for stronger gun laws after last week's mass shooting at an Oregon community college. Asked by Matthews about the NRA's opposition to stronger gun laws, Cuomo said: "Their position now is 'No conversation, no common sense, no cooperation. It's a slippery slope. The government is trying to take the weapons because they want to disempower the citizenry.' It is absurd." http://politi.co/1LwWHea

-- Cuomo in a Tuesday radio interview walked back his call for Democrats to threaten a federal government shutdown over stricter gun control legislation: "Just to clarify: I didn't call for a government shutdown," Cuomo said. "I said the Republicans are very good at making their priorities known and they're basically saying if we don't get a tax cut for the rich, then we'll shutdown the government. The Democrats should say, well our top priority is gun control. They should put it up at the top of the agenda and threaten Republicans right back on gun control." http://bit.ly/1OjBaWO

WELCOME! -- Council Speaker accuses Rick Scott of 'stealing jobs' -- POLITICO New York's Gloria Pazmino: City Council Speaker Melissa Mark-Viverito is calling Florida Governor Rick Scott's trip to New York City yet another "traveling circus" and accusing the Republican governor of coming to the city to steal jobs. Scott arrived to the City last night and will be here until Thursday.

During the stay, which his office is describing as a "domestic development mission," the governor will meet with financial institution leaders, hedge funds and business owners to discuss the possibility of them expanding into Florida. Scott is also expected to deliver a speech about Florida's economic comeback at the Manhattan Institute for Policy and Research - a right-wing non profit think tank.

"The traveling circus of Republican governors is back in town," Mark-Viverito told POLITICO New York on Tuesday evening. "Whether it was overseeing what was then the largest Medicare fraud in U.S. history, his denials of climate change or his attacks on women's health, Rick Scott has shown he is out of step with New Yorkers who reject his backward shenanigans," she added. http://politi.co/1Gv7H4p

-- Related: "Rubio criticizes government regulation of on-demand economy." http://goo.gl/Bhr1sW

** A message from PhRMA: In 2013 alone, the biopharmaceutical industry invested more than $553 million dollars in clinical trials in New York. Learn more about the economic impact of clinical trials in our communities at http://bit.ly/1O64IWa **

CLICKER - "Where to Eat the Best Late-Night Food in NYC" -- Grub Street: http://grb.st/1KZrRrc

CAPITOL MOVES: Sean Mahar will leave the Audubon Society to become director of communications for the Department of Environmental Conservation. Corinne Carey is become state director for Compassion & Choices, an organization pushing for aid-in-dying legislation.

WHAT IS "NEW YORK"? The Dannemora prison break was featured in a Jeopardy question. http://bit.ly/1LhyGl7

HAPPY BIRTHDAY: Former Assemblyman Tony Casale, now an adviser to the Republican State Committee, Celeste Morris, president of MorrisAllsop Public Affairs, and founder of The Advocacy Academy. -- BELATED: NYPD Commissioner Bill Bratton ... Bill Sherman, vice president of government relations for the American Cancer Society Action Network ... and former Assembly aide Dan Cho, who is now studying at CUNY School of Law.

TABS -- Post: "STREET MARTYR: Dad slain for confronting B'klyn thugs" -- amNY: "HERE WE GROW AGAIN! Report: The hottest NYC names and why things are thriving there PLUS the potential downside." -- Newsday: "A Newsday/News12 Special Report: HARD KNOCKS: Helmets, Concussions and Long Island High School Football" -- El Diario [translated]: Tears of Freedom

FRONT PAGES -- NYT, 1-col., above the fold: "U.S. To Begin Freeing 6,000 From Prisons: An Effort to Ease Harsh Drug Sentences" -- WSJNY, 5-col., above the fold: "FDNY Starts Diversity Training"

QUOTE OF THE DAY: "Mike Bloomberg invested in the MTA, and it was an investment that I think is going to go down in his legacy as one of the smartest moves he's made as mayor. I think the same thing should happen with this mayor." -- Gov. Andrew Cuomo to WNYC, via POLITICO New York's Dana Rubinstein: http://goo.gl/QbPCZu

BONUS QUOTE OF THE DAY: -- "The American people have chosen an economy in which the most valuable retailer in America, Amazon, owns not a single store; the largest transportation company, Uber, owns not a single vehicle; and the largest accommodation provider, Airbnb, owns not a single hotel." Marco Rubio in Manhattan yesterday, via AP's Jonathan Lemire: http://goo.gl/Bhr1sW

2016 -- Bill and Bernie's unannounced meeting -- Clinton camp mum -- WSJ's Josh Dawsey: "New York Mayor Bill de Blasio met U.S. Sen. Bernie Sanders in New York last month as he continued to weigh an endorsement in the 2016 presidential contest and planned to host a candidates forum in Iowa later this year. Mr. de Blasio, who has praised the liberal Vermont senator for his economic positions, met with Mr. Sanders as he traveled to New York for a television appearance, according to two people familiar with the matter. The mayor's camp didn't list the meeting on his public schedule. ... Mr. de Blasio hasn't recently appeared with Hillary Clinton, whose winning 2000 campaign for U.S. Senate he ran. He skipped her presidential announcement in New York City but praised her in a range of television interviews while withholding his endorsement. A spokesman for Mrs. Clinton didn't have an immediate comment." http://goo.gl/XoXPlB

-- Bernie on de Blasio: "We talked about progressive politics in America and his accomplishments in New York City," said the Vermont senator and presidential candidate, in a statement provided to POLITICO New York. "As a former mayor myself, I enjoyed meeting one of the leading progressives in America and talking about what he's doing in the city. I'm very impressed by what he's done, particularly on early childhood education." -- POLITICO New York's Dana Rubinstein: http://goo.gl/JzGXfK

-- Related: Gov. Andrew Cuomo's messaging: In an interview with WNYC, the governor had a message for national Democrats: "Put a real gun control bill on the table. I would make this presidential about gun control. I would make the congressional races about gun control. I would lean into it ... And I think the Democrats have shied away from this issue, frankly. ... You can't give the Republicans the position that 'gun control' means 'no guns.' That's what the N.R.A. sells." https://goo.gl/Ey88zX

-- Headlines -- NYT: "Bernie Sanders, a Hunting-State Senator, Treads Lightly With Guns" http://goo.gl/mqZp2f

-- Washington Post: "Why Hillary Clinton's gun-control push puts Bernie Sanders in a bind" http://goo.gl/jXPzz1

-- The Nation: "Hillary Clinton Is Running to Bernie Sanders's Left on This One Issue" https://goo.gl/kCvzjU

2017 CHATTER OF THE DAY: Rep. Hakeem Jeffries' purported desire to oust de Blasio in 2017 is "not an unrealistic prospect, and seems to be giving de Blasio the freakies, which in turn helps explain the Municipal Building renaming [after David Dinkins] - an otherwise empty, if harmless, gesture. ... Jeffries would be credible under any circumstances. ... [is] strong on school choice ... substantially to de Blasio's left on NYPD-related matters [which] certainly a plus with the mayor's African-American base. None of this can be lost on de Blasio, who knows that flagging black support for Dinkins elected Rudy Giuliani in 1993." -- Bob McManus in the Post: http://goo.gl/ii72uV

KEY DECISIONS AWAIT NEW DEC COMMISSIONER - POLITICO New York's Scott Waldman: Basil Seggos will take over the state Department of Environmental Conservation during a time of transition. Former DEC Commissioner Joe Martens spent much of his four years grappling with the controversy over fracking. And while he ultimately banned the practice, there are plenty of other high-profile decisions awaiting Seggos when he assumes office later this year. He will lead a department through major decisions on natural gas pipelines, nuclear facility permitting and other controversial issues with a drastically reduced staff and diminished enforcement capability. Still, the announcement of Seggos' appointment by Gov. Andrew Cuomo several days ago was greeted enthusiastically by business and environmental groups, many of whom have been meeting with him for years. http://politi.co/1RsZHqR

A TEST FOR PUBLIC SECTOR UNIONS - Newsday's Dan Janison: "The U.S. Supreme Court, in the fall term that opened this week, is due to decide a case that could sharply disempower municipal labor organizations in a way that [Wisconsin Gov. Scott] Walker or any other state official never could. Oral arguments are scheduled for the next few weeks in Friedrichs v. California Teachers Association. Depending how it breaks, the decision, due by June, could prove almost as resonant as the Obamacare and same-sex marriage rulings. ... Ten California teachers filed suit claiming that 'agency shop' laws, requiring public employees to pay union dues as a condition of employment, violate free speech and association. ... If that claim prevails, unions could see their revenue severely sliced. A New York labor consultant who declined to be identified said: 'It could even force one of the smaller organizations to go under -- like if a third of its 3,000 members refuse to join or pay dues.'" http://nwsdy.li/1LhBJcQ

STATEN ISLAND DISTRICT ATTORNEY DEBATE --

-- The lede "In the the end, it was the politician versus the prosecutor." Staten Island Advance's Anna Sanders: http://goo.gl/Z8Ber9

--Voting record: [Republican Joan] Illuzzi blamed her failure to vote on the unpredictability of her job. 'The times where I forgot to come back to vote, it was because I was a public servant and ... your life is very uncertain,' she said. 'On Election Day, the courts are closed,' [Democrat Mike] McMahon shot back." POLITICO New York's Clifford Michel: http://goo.gl/RXBCQ1

-- Qualifications: "'Can you imagine having a dentist run the cardiology department of a major hospital?' said Ms. Illuzzi during the debate on NY1. 'How could you set policy when you don't understand the job?' Mr. McMahon, who is now a partner at a law firm, said he wasn't trying to run the cardiology department. 'I'm applying to run the hospital,' he said." WSJ's Rebecca Davis O'Brien: http://goo.gl/tvJb0F

LIST: BHARARA OVER CUOMO - New York Observer's Top 40 power ranking: "Some will say that Gov. Andrew Cuomo belongs at the top of any list measuring the most powerful people in the state. But consider this: a year ago today, the most feared man in Albany was Mr. Cuomo. Today, without a doubt, it is Mr. Bharara, who did something neither Mr. Cuomo-nor any governor-could ever do: removed the leaders of both houses of the State Legislature in the span of mere months. ... On paper, nobody benefited more from Mr. Silver's demise than the governor: after all, his most entrenched and intransigent opponent was gone, and it seemed no successor could ever run the Assembly with such efficiency or force again. Yet there were few doubts who Mr. Bharara had in mind when he told New Yorkers to "stay tuned." And when the second man in the room, Mr. Skelos, was led away in cuffs just months later, Mr. Cuomo appeared to be in an increasingly vulnerable and lonely position. Linking the three men are centenarian mega-donor Leonard Litwin of Glenwood Management and the unceremonious scuttling of the Moreland Commission-both believed to be involved in the cases against Mr. Silver and Mr. Skelos. That is why the governor has been demoted from the top spot he held on last year's list-all the way to No. 2." http://bit.ly/1LhK93T

NEW TRIAL IN WATKINS KILLING -- Times' James McKinley Jr.: "A state judge on Tuesday ordered a new trial for a Queens man who was convicted of taking part in the 1990 killing of a tourist from Utah during a chaotic robbery on a New York subway platform. The judge, Eduardo Padro, said in his ruling he was convinced that new evidence presented during a hearing this year warranted a new trial.

-- "Three witnesses testified that the convicted man, Johnny Hincapie, was not on the subway platform when the victim, Brian Watkins, was stabbed while trying to defend his family from muggers. ... The killing galvanized public outrage over violent crime in New York, stoking calls for a police crackdown. Mr. Watkins, a tourist from Utah visiting New York for the United States Open, was stabbed in the chest on Sept. 3, 1990, in a struggle with at least six young men who had tried to rob his family inside the Seventh Avenue subway station at 53rd Street." http://goo.gl/QuMvcJ

-- NYPD Commissioner Bill Bratton, who was head of the transit police at the time, told reporters yesterday, "We'll have to see as we go forward as to whether that new evidence results in a different verdict." -- Azi

DE BLASIO HIT OVER MINORITY CONTRACTS -- Ally: 'Bullshit ... Deceptive' -- Post's Michael Gartland: "Bertha Lewis, a longtime ally of Mayor de Blasio, is denouncing as "bulls-t" statistics the mayor issued last week claiming city contracts with minority-and women-owned businesses exceeded $1.6 billion.

-- "'The numbers don't add up,' said Lewis, who goes back years with de Blasio and now heads The Black Institute. 'They're wrong. I gotta call bulls-t when I see it.' In a Sept. 28 press release, de Blasio said the city awarded more than $1.6 billion in contracts through its Minority and Women-Owned Business Enterprise Program (M/WBE) in the 2015 fiscal year, putting it on pace to meet its 10-year goal of $16 billion.

-- "In actuality, less than half that - about $750 million - has been spent, according to Lewis. 'I love the mayor. I love [MWBE Director] Maya [Wiley], but I can't stand by and let them say something that's wrong,' Lewis said. 'Celebrating future contracts that could be years away as if they were paid out this year is nothing more than Enron-style accounting. It's flat-out designed to be deceptive.' Contract awards to MWBEs for the 2014 fiscal year totaled $690 million. The mayor trumpeted the 2015 increase in a press release, but at no point mentioned actual payments." http://goo.gl/yoPbqf

HEDGE-FUNDER FOR BLOOMBERG -- "Bill Ackman says Bloomberg would win presidential race," by Post's Michelle Celarier : "Ackman, a Democrat, stunned the audience by announcing his support for Michael Bloomberg for president in 2016. 'My view is Michael Bloomberg is going to run for president, and he's going to win. He's by far the most qualified candidate,' Ackman said. The disarray among Republicans, and Clinton's 'lack of credibility' create an opening for the former mayor, he contends. 'The window is now or never,' Ackman said, adding he would do everything in his power to get Bloomberg, 73, elected. Ackman, 49, said he would also consider running for president, 'but let Mike do it first.'" http://bit.ly/1OXFuLn

HILLARYWATCH -- GABE SHERMAN in NYMag, "Hillary Clinton Readies Oppo-Research to Go to War Against Joe Biden": "[A] team of opposition researchers working on behalf of Clinton is currently digging through Biden's long record in office to develop attack lines in case the vice-president runs. The research effort started about a month ago and is being conducted by operatives at Correct the Record ... [T]he research has turned up material on Biden's ties to Wall Street; his reluctance to support the raid that killed Osama bin Laden; and his role in the Anita Hill saga as chairman of the Senate Judiciary Committee." http://nym.ag/1OkMcLB

-- "Hillary Clinton Approaches Debate, and Bernie Sanders, With Caution," by Times' Maggie Haberman: "Over the next week, Mrs. Clinton and her aides will look for the best way to explain to viewers why she is a better choice than her nearest rival without sounding condescending to Mr. Sanders, or dismissive of his views, so she does not risk alienating his growing army of fervent supporters. ... Led by Ron Klain, a former Biden aide, and Karen Dunn, a litigator, the debate preparations have featured Mrs. Clinton's longtime lawyer, Robert Barnett, in the role of Mr. Sanders and her policy adviser Jake Sullivan playing Martin O'Malley, the former Maryland governor." http://nyti.ms/1FWorX8

--"Inside Hillary Clinton's debate prep: To win, the wounded front-runner needs to grapple with her image problem," by Politico's Annie Karni: "This is not how Hillary Clinton planned to enter the first debate of the primary - battered, bruised and still trying to explain to voters the rationale for her candidacy six months after she launched it. ... Clinton's team has ... discussed how to inject skepticism into the minds of viewers by questioning how her challenger plans to pay for trillions of dollars in new initiatives he has proposed." http://politi.co/1QYr1wo

DAILY TRUMP -- "Donald Trump left his mark all over New York. Some New Yorkers wish they could erase it," by WashPost's Paul Schwartzman: "Donald Trump took one look at city workers planting a 10-foot-tall tree in his honor in Central Park and urged them to deliver a message to City Hall. Tell the mayor, a worker recalled Trump snarling in so many indelicate words, that he could shove that tree into a part of his anatomy otherwise unaccustomed to harboring vegetation. The 'Trump Tree,' as christened in 1986 by an aide to Mayor Edward I. Koch, was intended to acknowledge the billionaire for rebuilding Wollman ice rink at whiplash speed after the city had squandered millions of dollars and six years on the project." http://wapo.st/1L5IxLB

--"Barry Diller Says He'll Leave the Country If Donald Trump Wins the White House," by Bloomberg's Emily Greenhouse: "'All he is is a huckster,' Diller said of Donald Trump. 'Somebody who learned long ago in real estate that if you can make a big name for yourself, it can get you an extra dollar.' ... 'If Donald Trump doesn't fall, I'll either move out of the country or join the resistance,' he said." http://bloom.bg/1MdSFlv

OUT AND ABOUT - Last night Global Strategy Group celebrated its 20th Anniversary at The Top of the Standard in NYC with staffers and guests toasting at how the company has been at the center of many a political and business fight over the last two decades.

SPOTTED : GSG founding partners Jon Silvan, Jef Pollock, and Jeff Plaut and the entire team of nearly 100, Mayor de Blasio, Phil Walzak, Melissa Derosa, Dani Lever, Karen Hinton, Emma Wolfe, former Gov. Eliot Spitzer and Lis Smith, City Comptroller Scott Stringer, Public Advocate Tish James, NY AG Eric Schneiderman, CT Gov. Dan Malloy, Bill Ackman, Karin Johanson, Risa Heller, Ryan Toohey, Julie Wood, Josh Wachs, Annie Karni, Colby Hamilton, Erica Orden, Ted Mann, Josh Dawsey, Maggie Haberman, Nick Confessore, George Artz, Steve Schmidt, David Krone, Larry Silverstein, Matt Wing, Jason Post, Dave Pollak, Hatch, Patrick Brennan, Steve McInnis, Bill Mulrow, Ben Lawsky, Kathy Wylde, David Yassky.

REAL ESTATE -- FOOD FOR THOUGHT-"Behind Blur of Motion at Chick-fil-A, Years of Planning," by WSJ's Sophia Hollander: "In 2010, Chick-fil-A officials toured a Toyota factory and tried to apply the Japanese auto maker's efficiency principles to chicken-sandwich assembly. Last year, Chick-fil-A built a full-scale model of the future three-level New York City store. About six months ago, the company began piloting a color-coding system for customer movement whereby workers take orders on iPads while people are still in line.

"The orders are then beamed to one of four teams-red, green, blue and brown-involving the register, food assembly and kitchen workers so that orders are ready by the time customers arrive at the counter. The bustling Chick-fil-A in Midtown Manhattan, which opened last weekend, is the chain's first stand-alone location in the city. It is the culmination of nearly two years of logistical planning, part of the company push to expand into urban centers. ...

"New York City presented particular logistical challenges, officials said. With limited ways to transport items between floors, they created systems like motorized dumbwaiters that bring up biscuits and salads from the basement. A garbage chute also extends from the top floor to the basement." http://on.wsj.com/1Oku6t6

WHAT'S AT STAKE-"Korean fund buys minority stake in Minskoff's 51 Astor," by Real Deal's Rich Bockmann: "The Korean Teachers' Credit Union recently bought a minority stake in Edward Minskoff's 51 Astor Place, a deal that values the futuristic-looking Midtown South office property at $600 million. The Seoul-based credit union, which has more than $23 billion in assets under management, paid roughly $113 million to buy a 49-percent stake in the fully leased, 400,000-square-foot building. ...

"With IBM's expansion to roughly 150,000 square feet earlier this year, Minskoff's Fumihiko Maki-designed office building hit full occupancy, Minskoff achieved record rents for the area, with financial firms Claren Road Asset Management and Tudor Investment Corporation agreeing to pay triple-digit rents." http://bit.ly/1LhIpHX

KING OF RENTALS-"Brooklyn rents challenging Manhattan for supremacy," by POLITICO New York's Sally Goldenberg: "Manhattan is no longer the king of the city's residential rental market. New data released Tuesday from real estate website StreetEasy shows several popular neighborhoods in Brooklyn are nearing or surpassing rental prices in Manhattan,despite a recent cooling of residential development in Brooklyn reported this week.

"StreetEasy found that median asking rents in four Brooklyn neighborhoods this year are higher than the borough-wide median rent of $3,092 in Manhattan. Dumbo, once an industrial zone that has turned into a magnet for high-end homes, has a median rent of $4,079." http://politi.co/1jNbuVQ

Read the full report with its interactive graphic here: http://bit.ly/1hps78l

THE HOME TEAMS -- POLITICO New York's Howard Megdal: The Yankees' season ended with a 3-0 loss to the Astros in the AL wild card game, but unlike past Yankees seasons, this achievement represented an unexpected gift. http://goo.gl/m2hPMY

-- The day ahead: The Mets hold another workout at Citi Field, and hope Matt Harvey shows up on time for this one. He missed Tuesday's, and had to apologize publicly and to his teammates for it.

COFFEE BREAK -- "A Dog Run in Queens With a Price That Stuns: $1 Million," by Times' Kirk Semple: "As fancy new runs have popped up around New York, Astoria residents have wondered when they might get their own. Now, through the participatory budgeting process and public largess, their moment appears to have arrived. Local officials recently announced that they had pooled enough money to convert a basketball court under the Robert F. Kennedy Bridge into a dog run. But many residents, including some in the vanguard of the yearslong lobby for the run, were stunned by the estimated price tag: $1 million." http://nyti.ms/1jcK4ZE

#UpstateAmerica: An actor dressed as Jamestown's weird statue of Lucille Ball will be scaring people at the Chautauqua Mall. http://on.rocne.ws/1LhEDOL

--"Buffalo's 'industrial cathedrals' slowly finding new life," by AP's Carolyn Thompson: "A worn-looking collection of grain silos left over from Buffalo's heyday as a shipping hub tower like enormous cement pipe organs along the Buffalo River. Too historic to tear down, too far gone to re-open, these 'industrial cathedrals,' as preservationist Tim Tielman describes them, have stood frozen in time as Buffalo's waterfront has transformed around them. But lately, these sleeping giants are being re-awakened, not as off-limits industrial workhorses but places to eat, drink and play for a public eager to literally touch the city's past." http://yhoo.it/1L5VS6u

** A message from PhRMA: Every day in New York, countless people fight life-threatening diseases. Their bravery inspires countless researchers and scientists across the country in their quest to develop medicines that help patients live longer, healthier lives. Here in New York, the biopharmaceutical industry has invested more than $553 million during the 2,476 clinical trials that took place in 2013 alone. Each step brings us closer to a cure. To learn more, please visit http://bit.ly/1O64IWa **

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