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Max the Vanderbilt cat. Photo by Ed Clampitt
Max the Vanderbilt cat. Photo by Ed Clampitt
Max the Vanderbilt cat. Photo by Ed Clampitt
Max the Vanderbilt cat. Photo by Ed Clampitt

Ellen Mason, a volunteer at the Suffolk County Vanderbilt Museum in Centerport, has reported that Max,  the Suffolk County Vanderbilt Museum cat who greeted visitors at the gatehouse for years, has passed away. Below is a poem she wrote in his honor. 

Our Max, the Vanderbilt Cat

A sad day has fallen,

Enshrouded in gray.

Cherished and honored,

Our Max passed away.

Max was our mascot,

Our Vanderbilt cat.

He lived on the grounds,

But was much more than that.

He greeted our patrons

From his perch near the gate,

By the Vanderbilt gatehouse,

Entrance to this estate.

His special companion,

A guard here named Ed,

Brushed Max and loved him,

Making sure he was fed.

He bought Max a house

For those cold wintry days,

Where he snuggled inside,

Staring with his cat gaze.

Max lived life to the max,

Living up to his name.

For the guards at the gatehouse,

It just won’t be the same.

— By Ellen Mason, Stony Brook

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By John Avlon

This past week’s extreme weather is yet another wake-up call that we can’t afford to ignore. 

Touring the damage in Port Jefferson village, the devastation was striking, but let’s be honest — none of this should surprise us anymore. We’ve seen it before, and it’s clear we need to do more. The federal government has got to step up, which is why I’ll work to make sure that we deliver more relief and resilience for our communities in the face of natural disasters. 

The first step is a significant boost in funding for FEMA’s Building Resilient Infrastructure and Communities grant program. BRIC isn’t just another government acronym — it’s a crucial resource for states, local communities, tribes and territories to tackle hazard mitigation head-on, reducing disaster risks before they strike. The goal is simple: Stop reacting after disasters and start building resilience now. 

BRIC is currently funded by a 6% set-aside from major disaster declarations, meaning the funding is inconsistent and not guaranteed. While the bipartisan Infrastructure Investment and Jobs Act committed $1 billion to BRIC over five years, that’s just a drop in the bucket. That’s why I’m advocating for an annual $1 billion investment in BRIC. To be serious about this issue, we need to make serious investments.

This investment isn’t just smart policy — it pays off big time. The National Institute of Building Sciences reports that every federal dollar spent on hazard prevention saves society $6. That’s a return on investment that would make Wall Street jealous.

But we can’t stop there. There’s a glaring gap in FEMA eligibility that needs to be addressed. Condos, co-ops and homeowners associations are excluded from aid because FEMA classifies them as businesses. That’s absurd. These are middle-class housing options that deserve relief like everyone else. 

I saw it firsthand at a homeowners association I visited in Port Jefferson, where a landslide wreaked havoc after the rain. This gap has been well known since Hurricane Sandy, and it’s time to fix it.

Send me to Congress, and I’ll fight to bring real resources home and tackle climate change with the urgency it demands. The time for action is now.

John Avlon is Democratic candidate for New York Congressional District 1 on Nov. 5.

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By Steve Englebright

In the dark early morning hours of Aug. 19, almost 11 inches of rain descended like a cataract upon the central North Shore of Long Island. The storm then crossed into Connecticut where it killed two people and destroyed numerous bridges and roads.

The paved roads and impermeable surfaces within the catchment of Stony Brook Mill Pond caused it to immediately flood. This deluge then spilled over the top of that part of Harbor Road which capped the artificial earthen dam adjacent to the National Register of Historic Places-listed circa 1751 mill. Floodwater poured uncontrollably over the road, creating a thunderous curtain that plunged into the marine side of the dam, quickly and severely eroding its base. The dam failed, and the pond emptied catastrophically into Stony Brook Harbor.

The boundaries of two towns, one incorporated village and one hamlet all meet at this location. In the aftermath of this catastrophe, it is important for each of these governing units as well as all other elements of the community to quickly come together in support of a single plan of restorative action. Fortunately, President Joe Biden has heeded the call of local governments, including Suffolk County, to declare this site a federal disaster area. Much-needed federal dollars may now follow. This precious funding can be wisely utilized, presuming that everyone is cooperating. One of the challenges now before all of us is to find commonality and consensus. In particular, we must reconcile the interests of historic preservation and environmental protection so that they are aligned and mutually supportive within a thoughtfully engineered plan.

Some have wondered if it may be appropriate to leave the breached dam unreconstructed purposefully. Several threshold questions arise from this thought: 

• Should we allow the recently unconstrained Stony Brook Creek to continue to flow freely and allow recovery of natural processes such as the breeding activities of the herring-like fish known as the alewife? 

• What course of action would provide the greatest overall environmental benefit? 

• Would the nationally significant cultural treasure that is the Stony Brook Grist Mill have diminished relevance without its historic impoundment?

 Reasons for restoration

This author would argue strongly for restoration of Stony Brook Mill Pond for reasons that embrace both environmental and historic preservation purposes. These include:

• More than 90% of the Stony Brook Harbor is tidally-influenced salt water. Freshwater habitats within the harbor are rare and enhance its biodiversity. Prior to the dam’s breach, the largest surface freshwater feature of the entire harbor was Stony Brook Mill Pond. Allowing this scarce resource to remain permanently reduced would significantly subtract from this ecosystem’s vibrancy and health.

• The Stony Brook Mill Pond Basin uniquely joins Main Street with the Avalon Preserve — arguably the finest nature center in New York state. This geographic juxtaposition created a remarkable outdoor education classroom that enabled thousands of children and families to directly experience nature. It would be most unfortunate to compromise or lose the open water and aesthetic appeal of this site which could, if restored, continue effectively to foster for each next generation an ethic of learning and respect for the environment. 

• The Mill Pond helped keep the Stony Brook Harbor clean. This relatively-unspoiled harbor’s water chemistry was maintained, in part, by the fact that the Mill Pond acted as a sediment trap and contaminant settlement basin that intercepted substances in road runoff that would otherwise have flowed directly into the harbor. 

• The continued existence of two significant rookeries on the edge of Stony Brook Mill Pond featuring, respectively, cormorants and herons would be uncertain if the pond is not restored.

• While some fish species, such as alewife, might theoretically benefit from a free flowing Stony Brook, it is unknown if this site would support a significant run for such fish. 

• Suffolk County’s largest industry is tourism, and Stony Brook Mill Pond and Grist Mill combine to create a major magnet attracting and welcoming visitors to Old Stony Brook and its vicinity. Any decision to delay reconstruction of the Mill Pond dam could compromise the sense of place of Old Stony Brook. Loss of these landmarks in pursuit of limited or speculative environmental improvements could create significant community resentment, which would only detract from other preservation efforts

Reconstruction of Harbor Road and Mill Pond dam

It is useful to note that the dam at the north end of Setauket’s Frank Melville Memorial Park was subjected to the same storm event and did not rupture. The apparent reason for this is because that dam is armored with cement on its seaward side. Reconstruction of Harbor Road at Stony Brook Mill Pond should proceed expeditiously and be built in like kind to what was there previously except that the reconstructed dam should be armored on its seaward-side in a manner similar to the construction of its sister site in the Frank Melville Memorial Park.

We are fortunate that this event did not cause loss of human life, and that our volunteer first responders were unharmed. Another takeaway from this catastrophe is that its effects would have been worse if the proposed extensive construction of impermeable surfaces already existed on three large properties in the immediate watershed area, i.e., Flowerfield, Bull Run Farm and a former private school.

This ruinous flood should be a wake-up call for planners as they consider these and other intensive development proposals within the immediate watershed of Stony Brook Harbor and its Mill Pond. Going forward, this recent flood event should be top of mind — land use decisions here should reflect awareness, restraint and caution. Although we can hope that the unusual storm that eroded the Mill Pond dam at its base is not a new normal, exceptionally destructive weather events are occurring much more frequently than in the past. A similar torrential flood could occur at any time.

We should restore Stony Brook’s historic Mill Pond and, by extension, also preserve that extraordinary harbor and its namesake community.

Steve Englebright (D-Setauket) is the Suffolk County legislator for the 5th Legislative District and a former New York State Assemblyman.

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A construction worker assesses the damage of Harbor Road, just above the emptied Stony Brook Mill Pond. Photo by Toni-Elena Gallo

By Kurt Johnsen

To say the least, it was a gut punch when I heard and saw the footage that Harbor Road and the dam at the Mill Pond in Stony Brook was breached by the “thousand-year” rain. The water cascaded into the creek with its fish, turtles and plethora of biodiversity. Most of it settled into the harbor. In a flash, a diamond of my childhood was swept away with it.

In 1965, when I was 5 years old, I got my first Mill Pond Fishing Club badge and enjoyed my first opening day of trout season. It was a cold April morning when my father and I chose our place on the shore. I followed his instructions and put the worm on the hook. I cast out my bobber and bait. I know I cast because we had practiced in our backyard. After a while my bobber started to jiggle. Then it dipped below the surface of the water — I reeled in my first trout. The sky opened, and God spoke: “You are a fisherman.”

Next, we went to the Stony Brook Yacht Club. The adults served ham and eggs on hard rolls. Then it was time for the momentous occasion: the fishing contest. The first announcement was the winner of the junior category. I won! At all future family gatherings from that day forward, including one last week, I repeat the words my 5-year-old self said that day: “They put me up on a table and they all said “’ratulations.” I won a fishing pole and a tackle box, but the memory was worth far more than these prizes.

For the next couple of years, my father and big brother took me fishing at the pond frequently. The prelude to fishing started the night before. I was taught how to catch “night crawlers.” These meaty worms are perfectly named. They burrow out of the soil at night to garner more oxygen. Catching them is an art. The light from the flashlight does not bother them, but with any perceived motion they disappear back into the soil. I had to be slow, quiet and swift to grab them. The grass below our large cherry tree was the hotspot. We picked nice healthy fistfuls of large worms and put them into an old tobacco can, where they spent the night in the fridge.

Although it seems incomprehensible in 2024, in those days the pond was pristine. Brook trout spawned in the small creek near the upper pond. My big brother showed me that if I slowly and carefully walked on the small bridge next to where the cup where the spring water comes out of a tap, I could see them. Brook trout require cold, clean, brilliant water. Those were the days.

By the time I was 9 or 10, I could go down to the pond by myself. I remember one opening day when I walked to the dairy barn, down the woody path, over the railroad tracks, down Blydenburgh Lane, across Main Street to the sidewalk in front of the lumberyard and over to the pond. I parked myself at “my” tree, a red maple (it survived!), and my cast had to go right under a certain branch that draped low to the water. I swear the trout loved that place. I counted down, “5-4-3-2-1: 6:00,” and it was time to cast. Fish, breakfast, contest and, if need be, back to the pond to get my limit of three.

Even now, when I arise on a serene morning laced with dew, and the sparrows are singing hushed but bright melodies, I am transported back to those days. It’s magical.

At some point, I was given a bright red badge that simply said “Warden.” My job was to report anyone that was fishing at the pond that wasn’t a member. The gig was to go to the village office to the right of the post office and report the infringement to a nice man named Mr. Murphy. He would then go down to the crime scene, perform a thorough investigation and, if there was sufficient evidence, lay down the law and tell them to leave. It happened once. I was a Trout Narc.

With the summer heat, the trout would stop biting. We fished for small, inbred, stunted bass as well as sunfish. And we snuck onto the trail to the woody back of the pond adjacent to the upper pond. There were large oaks that had fallen into the pond but still lay across it. We would climb out to the end of them and try to fish. We mostly lost our hooks.

Speaking of the upper pond, it was loaded with huge trout. We were not permitted to fish in it but, of course, we did. When we were about 10 years old, my friend Eddie and I fished the pond. I caught a very big trout and hooked it on a stringer. An old lady who lived across the street — a legend in her own time — came rushing up to us maniacally screaming that we couldn’t fish there.

She took my trout and threw it out into the pond and then harrumphed away. I was not happy. I was taking off my shoes and shirt and ready to swim out to get it. Then, I swear, a guy backed up an old woody station wagon to the pond. He opened the back hatch, pulled out a piece of plywood to make a ramp and slid a giant snapping turtle into the pond — remember that we were 10. At that point, I was damn well not going to swim out to get my trout!

The dog days of summer meant carp fishing. In the evenings, my friends and I would fish near the end of the pond left of the big buckeye tree and right of the point across from the island. I could see the shadows of the giant carp come lumbering in, and if I was lucky I got one. I was only lucky a couple of times. Deemed a danger to the trout population, we threw these carp down the ramp that led out of the dam and into the creek. We were proud to be good citizens and help our invaluable trout population. Plus, it was fun. Everything was fun at the Mill Pond.

As you might guess by now, although I lived in Stony Brook surrounded by salt water, I was a freshwater fisherman. I still am. If you were around in the late 1960s and early ’70s and were driving on Stony Brook Road or Route 25A, you likely saw a boy riding his bike holding a fishing pole and a stringer of fish in his hand. That boy was me.

The Mill Pond Fishing Club sponsored me to go to the New York State Department of Environment Conservation Camp DeBruce in Sullivan County in the Catskills. We campers got fly-fishing lessons, learned to identify trees, learned how to conduct fish surveys in a stream and more. At that point I knew I wanted to work in fisheries or forestry. 

I am now a forest scientist. I was 15 in my last year in the club. On my final opening day, I won first place again. Bookends. I think it was that year they stocked a “breeder.” It was a brown trout with a hooked jaw that weighed 6 pounds. It was immediately proclaimed “the big trout.” I caught it. I still have all my badges from my years in the fishing club in my treasure chest.

When I turned 17, I became an Eagle Scout. For my Eagle project I led a group of boys in making wood duck houses. Wood ducks are small, fast-flying, colorful ducks that nest in tree cavities. They became threatened in the early 20th century. I hoped I could attract them to the pond. The group constructed three houses in my father’s wood shop. And then a few of us, led by an adult, paddled to the island with a ladder and we hung three boxes on trees that were meant to act as cavities. I never observed any wood ducks at the pond, but you never know. I was so proud of those houses.

My wife and I are fanatical Beatles fans. When I heard and saw how the Mill Pond was destroyed, I felt the same emotion that I felt when I heard John Lennon was murdered, a horrific memory etched in my psyche. People have told me those two events are not comparable, but for me there was Sgt. Pepper and the Mill Pond. What can I say?

I do think the pond will live and thrive again. It isn’t just a matter of making a new dam and letting the pond fill again. It’s not a fishbowl. It was and will be an intricate ecosystem, and it will take time to recover. Hard decisions will have to be made. What species of fish will be stocked? Just trout? Bass? Even carp? We’ll see.

The new dam will have to be skillfully engineered and built. The old Harbor Road was just a thin slice of hardtop sitting on top of sand. The new road needs to be reinforced to withstand the raging storms that will haunt us as climate change continues to uproot our lives.

However, the barren Mill Pond presents an opportunity for important archaeological explorations. With its cold, pure, fresh water, the small creek flowing out of the deep springs must have been an important feature of native tribes’ lives. An abundance of precious relics certainly reposes under the centuries of sediment deposited since the first Grist Mill was built in 1699. Clearly, the ancestors of the indigenous Setalcott Indian Nation should be the first to provide input on how to proceed.

This may seem an odd way to end my essay, but there is an elephant in the room: the white ducks! Had you visited the Mill Pond even the week before last, you would have witnessed a horde of people throwing handful after handful of white bread into rafts of white ducks. Make no mistake, these creatures are not native to the pond. They can’t fly, are prodigious breeders and are permanent inhabitants. Those cute little chicks given to kids for Easter grow fast, and where do they end up? The Mill Pond. 

The bread that is fed to them is foul (pardon the pun) and provides no nutrition. If you could even see the water through the flock, you would not see past the dissolved bread and duck waste that denudes the water, the essence of life. This practice needs to be discouraged. Education is the key. There is a predominant sign at the entrance to the park informing the public about the harm that feeding bread to ducks may cause. Let’s hope people pay more attention to that sign to remind them that they are privileged to enjoy a rare ecosystem in Stony Brook, New York.

I can’t wait to visit the restored Mill Pond, the gem of my childhood.

Author Kurt Johnsen is a resident of Asheville, North Carolina.

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The author with his granddaughter at West Meadow Beach.

By Thomas M. Cassidy

Thomas M. Cassidy

According to a new CNBC poll, Social Security is a top issue for most American voters, so let’s strengthen this vital program rather than water it down. 

Social Security has provided essential economic support for Americans for almost 100 years. The program, which provides workers with inflation-protected retirement, disability and survivorship benefits, is a model for the world: It’s such an effective, efficient and easy-to-understand program that its principal features have been adopted by more than 170 countries.   

Social Security is not a welfare program; it’s paid for by workers. For 2024, workers are taxed 12.4% on their income up to $168,600. If you work for someone, a 6.2% tax is taken out of your paycheck and your employer pays the other 6.2%. If you are self-employed, you pay the full 12.4% when you file your taxes. The more years you work, the more tax you pay and the higher your benefit.

However, the trustees of the Social Security trust fund estimate that Social Security will be able to pay 100% of scheduled benefits only until 2033, and “at that time, the fund’s reserves will become depleted and continuing program income will be sufficient to pay 79 percent of scheduled benefits.” 

One proposed solution has been raising the full retirement age from 67 to 70. But that would hurt millennials and Gen Z workers and gain us only a few more years of solvency. Twenty-five or 30 years from now, monthly Social Security checks might be the only lifeline to keep retired workers from poverty. Keep in mind: People can’t work into their older years if artificial intelligence takes their jobs, and Goldman Sachs estimates that 25% of current work tasks could be automated by AI. 

There is another solution.

Medicare and Medicaid programs have wasted trillions of taxpayer dollars since the beginning of this century, money that could have been used to fully fund the Social Security Trust Fund. For example, the Government Accountability Office estimates the combined Medicare and Medicaid programs paid out more than $100 billion in improper payments in 2023 alone.

As a former senior investigator for the New York State Attorney General’s Medicaid Fraud Control Unit, it’s disheartening to see that every year hundreds of billions of dollars are stolen from government health programs, especially knowing that the taxpayer money stolen from these essential, but dysfunctional, programs could keep Social Security on track.

President John F. Kennedy said, “One true measure of a nation is its success in fulfilling the promise of a better life for each of its members.” Fully funding Social Security will help us keep our promise for a better life for millennials, Gen Z and future generations of Americans.

Thomas M. Cassidy, an economist, is the creator of the TV series, Manhattan South, which is in development. (ktpgproductions.com)

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By Anthony Dattero

As a school guidance counselor at Paul J. Gelinas Junior High School — for three decades now — and a parent whose children have thrived within our outstanding district, I feel compelled to share my concerns regarding the proposed reconfiguration orchestrated by our superintendent and voted upon by our board of education. 

There are many reasons to doubt the motivation and the lack of details starting with why this move is necessary and why this monumental move is in our students’ best interests. The challenge to the district should be to prove “the why” in comparison to our current proven educational model. Our current model has served our students well, offering significant academic and social-emotional advantages that have stood the test of time.

The notion of transitioning to a common middle school model is, frankly, mind-boggling and irresponsible. Three Village school district has distinguished itself by providing top-notch opportunities for our students across diverse areas, while also fostering nurturing environments during pivotal transitional years — sixth grade at the elementary level and ninth grade at the junior high school level.

Having actively participated in the superintendent’s public forums and committee sessions, I remain unable to find any compelling reason or explicit need to dismantle a system that has proven its effectiveness over the years. 

Why fix what isn’t broken? 

Our district has maintained its uniqueness for over 40 years, resisting the trend toward common middle school models adopted by other districts.

Despite the district’s efforts to gauge community sentiment through surveys, many — including myself — find these surveys incomplete and misleading. 

The supposed cost-saving benefits of reconfiguration have also been debunked, with recent revelations indicating potential excessive costs for retrofitting the high school to accommodate an entire grade level. 

More is not better if space is valued. Think about what happens if we were to add more people to a dance floor — creativity would likely decline and apologetic exchanges of “I’m sorry” or “Excuse me” or unpleasant looks would likely increase.

In an era where student vulnerability is heightened by social media and external influences, cramming more students into the high school environment seems counterintuitive to their well-being. It is imperative that we prioritize the best interests of our students above all else.

The district has failed to provide all stakeholders with clearly defined and transparent comparisons representing the pros, cons, trade-offs and other options that could enhance our current configuration. 

Let us stand united in advocating for the preservation of what works, ensuring that our students continue to receive the exceptional education and support they deserve. Our students deserve our best so they can realize the best version of themselves.

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Tom Cassidy with his late father, Hugh 'Joe' Cassidy. Photo by Jonathan Spier

By Thomas M. Cassidy

Thomas M. Cassidy

Artificial Intelligence (AI) will cost many people their jobs. But some occupations desperately needed by a rapidly aging population cannot be replaced by computers or machines. For example, nurse assistants in hospitals and nursing homes.

Research conducted by Goldman Sachs estimates that 25% of current work tasks could be automated by Artificial Intelligence (AI). Unlike prior technological advances that replaced workers in labor intensive occupations, this time “it’s the higher-paying jobs where a college education and analytical skills can be a plus that have a high level of exposure to AI,” according to The Pew Research Center.

During my twenty-year career as an investigator for the New York State Attorney General’s Office, I conducted many investigations of potential patient abuse in nursing homes and other health facilities. I had the privilege of meeting hundreds of nursing assistants. Most were dedicated, knowledgeable and compassionate, but a few were not. Nursing aides dress, bathe, toilet and ambulate patients among many other services. Sometimes they also interact with families, which can be a difficult task. Let me explain:

I was assigned to investigate a possible case of patient abuse at a nursing home. An elderly woman with a doctor’s order for a two-person transfer was helped from her bed for a bathroom trip by only one nurse aide. The elderly woman fell and fractured her hip. The nursing assistant was immediately suspended pending an investigation. My assignment was to investigate this incident as a possible crime. Here’s what happened:

The nursing home patient had a visit from her daughter. Mom told her daughter to help her get out of bed and walk her to the bathroom. The daughter obeyed and helped mom get out of bed. The daughter tried to hold her up, but mom was weak and started to slip. The daughter screamed for help. A nursing assistant rushed to help the falling patient, but it was too late. Mom fell and fractured her hip. There was no crime. The nursing assistant returned to work the next day.

Fast forward twenty years. My father, a World War II combat veteran and a decorated NYPD Detective Commander, fractured his hip at age 80. I visited him at the Long Island State Veterans Nursing Home in Stony Brook. He was alone in his room. He says, “Tom, help me get to the bathroom.” I say, “Dad, let me get an aide to help you.” He says, “YOUR MY SON, just do this for me. I don’t want anyone else to help.” I told him about the elderly woman who fractured her hip when her daughter tried to help her. He said, okay, go get someone to help. If not for my experience as an investigator, I might have tried to help my father. I was taught “To Honor Thy Father and Thy Mother.” But instead, two aides moved my dad safely to the bathroom and back into his bed. Nine months later he walked out of the nursing home to live at home with my mother. 

Not every resident of a nursing home is elderly, but most are. In the United States today, one in every six Americans is age 65 or older. That number will increase dramatically in the next six years to 20% of the population or 70 million older Americans. Incredibly, nursing homes are closing, instead of opening. 

The American Health Care Association reports that since 2020 almost 600 nursing homes have closed, and more than half of nursing homes limit new admissions due to staffing shortages. As a result, there is a shortfall of hospital beds nationwide because displaced nursing home patients remain in hospital beds until they can be safely transferred home or to a care facility.

The Massachusetts Hospital Association reports that one out of every seven medical-surgical beds are unavailable due to patients remaining in the hospital when they no longer need hospital care. Keep in mind that hospitals are required by federal law to provide emergency care, stabilize patients, and discharge patients to a safe environment.

The Bureau of Labor Statistics reports that nursing assistants have one of the highest rates of injuries and illnesses because they frequently move patients and perform other physically demanding tasks. For these, and many other tasks, nurse assistants are paid a median wage of less than $18 per hour; not even close to a salary that is in line with the responsibilities of their job. Small wonder that a survey by the American Health Care Association found that one of the biggest obstacles for hiring new staff in nursing homes is a lack of interested candidates.

Reversing the hemorrhage of nursing home closures requires leaders with Natural Intelligence (NI). It benefits all generations of Americans when hospitals fulfill their mission for acute care and not operate as quasi-nursing homes. After all, languishing in a crowded emergency room “Can Be Hazardous To Your Health!”

Thomas M. Cassidy is the creator of the TV series, Manhattan South, which is in development. (ktpgproductions.com)

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Suffolk County District Attorney Ray Tierney. Photo from Tierney's office

Prepared by District Attorney Raymond A. Tierney and Dr. Jeffrey L. Reynolds

Dr. Jeffrey L. Reynolds

New York’s roads are deadlier than ever. With the legalization of personal use quantities of marijuana and New York’s antiquated impaired driving laws, which have not kept up with new synthetic designer drugs, the problem is getting worse by the day. The Drugged Driving Loopholes in our laws enable dangerous drivers to escape responsibility far too often while endangering innocent people simply trying to drive on our roads or walk on our sidewalks in safety.  

The Drugged Driving Loopholes exist because New York is one of only four states that still uses an archaic list to allow for arrest and prosecution of drugged driving. In New York, to prosecute a drugged driver, it is not enough that the drug has impaired the driver. The substance must be listed in the Public Health Law passed by the state Legislature and signed by the governor, before a dangerous, obviously impaired driver can be arrested. Right now, a driver can be as “high as a kite,” but if they are high on a drug, or other substance that is not listed, they go free. For instance, drugs such as xylazine (“tranq”), analogues of fentanyl and nitazene (“ISO”) are not on New York’s list.  

With modern chemistry, our lawmakers cannot keep up with new designer synthetic drugs coming out regularly. The constant influx of new impairing substances has turned the drug list into a barrier against stopping dangerously impaired drivers. It is at the root of the National Transportation Safety Board’s recommendation to New York and three other states to abandon the limitation of an ineffective drug list that will never be able to keep up.  

Suffolk County District Attorney Ray Tierney

Additionally, even drivers high on a drug that is on New York’s list can avoid responsibility by simply refusing to take an identifying test because it prevents the drug from being named. Twenty percent of drivers in New York evaluated by police Drug Recognition Experts in 2021 refused to take a chemical test, up from 13 percent in 2019. We are not protected when drugged drivers can escape arrest simply by refusing a test. 

The type of alcohol ingested by a driver does not have to be named for someone to be charged with Driving While Intoxicated and if impairment is observed, no test is needed to establish a blood alcohol level or whether it was whiskey, vodka or wine, that has caused a driver to be impaired. The same should be true for drugs.  

Just like with alcohol impairment, driver appearance, behavior and common sense ought to apply to drug-impaired drivers too. Blood alcohol tests are valuable evidence in DWI cases, but if drivers refuse the test for alcohol, they can still be prosecuted and lose their licenses based on the other impairment factors.  

This is a public safety and public health emergency. If we have learned anything during the current opioid crisis, it is that public safety is enhanced when law enforcement and addiction treatment providers work together. Laws that hold people accountable for their actions, paired with evidence-based substance use prevention messages and readily accessible drug and alcohol treatment for those who need it, will save lives.  

It is time to plug the loopholes. New York’s outdated approach to impaired driving handcuffs law enforcement, leaves those struggling with a drug problem untreated and puts innocent people at risk. A commonsense bipartisan bill (S3135/A174), backed by both law enforcement and addiction treatment providers, has been introduced in Albany this session to plug these Drugged Driving Loopholes. We need to be responsible and keep everyone safe. It is time to reverse the increase in highway deaths and save lives by passing the Deadly Driving Bill.  

Raymond A. Tierney (R) is the Suffolk County district attorney and Dr. Jeffrey L. Reynolds is the president/CEO of Family and Children’s Association, based in Garden City. Both are members of the Coalition to Protect New Yorkers from Drugged Driving. 

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NYS Assemblyman Ed Flood

By Ed Flood

As the legislative session and negotiations continue toward the 2024-25 New York State Budget, there are several policies my colleagues and I have proposed that we believe would better cater to our hardworking citizens throughout the state. New York ranks second for the highest budget in the nation, making it difficult to fathom any tax increases on families or funding cuts in essential areas to make up for other state spending programs. 

In her State of the State address in January, Gov. Kathy Hochul [D] highlighted her proposal of an additional $2.4 billion in funding for supporting migrants. This would pull $500 million from state reserve funds. To address the migrant issue, New York City has already provided housing and food for approximately 170,000 asylum seekers with no end goal in sight.

This is not about immigration, but a major public safety and financial concern. Back in September 2023, my colleagues and I called for an emergency special session to consider adopting a bundle of policies that would efficiently monitor the migrants entering New York City and ensure background checks are completed to prevent violent criminals from entering our state. Unfortunately, that request was denied, leading us to the financial cliff on which New York is balancing. 

At the same time, Gov. Hochul proposed to potentially end the “hold harmless” provision for foundation aid in school funding assistance, threatening the loss of major state school aid. This reckless proposal would create significant funding cuts to schools across the state, weakening their opportunities for extracurricular activities and causing potential staff layoffs. The proposed budget shows an increase in educational aid but major cuts to many rural and suburban districts, which is what we are seeing now. 

Rather than using taxpayer dollars on a federal issue that should be handled by the president, we are using a major portion of our state budget on the migrant crisis and taking money away from our children’s education. With a $234 billion budget, $6 billion more than last year, no school should lose funding. What are our priorities when we allocate $2.4 billion from our general fund to pay for the self-inflicted migrant crisis and cut funding to rural and suburban districts from that same general fund? The money is in front of us, yet it is spent in other areas of the state. 

As we continue our work in Albany, it is crucial that we remove these irrational proposals in the final budget and that our children’s education must be prioritized to ensure they are equipped for bright futures ahead. 

Please contact me any time if you have any questions or concerns at 631-751-3094 or by email at [email protected].

Assemblyman Ed Flood (R-Port Jefferson) represents the 4th Assembly District, which includes parts of Suffolk County, including portions of the Town of Brookhaven and the villages of Old Field, Poquott, Belle Terre, Port Jefferson and Lake Grove.

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New York State Senator Anthony Palumbo

By Anthony H. Palumbo

Late last month, as New Yorkers were making plans to celebrate the New Year, Governor Hochul once again vetoed the Grieving Families Act. Her action was a surprise to many of us in the State Legislature, especially considering the broad, nearly unanimous bipartisan support for the bill’s passage in consecutive sessions.

More surprisingly was that her veto pen fell on a vastly changed version of the legislation, which was updated to assuage the Governor’s concerns over the Act’s overhyped impact on the State’s hospitals and insurance industry.

The Grieving Families Act is important as it would bring New York State’s wrongful death statute into the modern era, on par with the rest of the nation and in line with our values. It would provide families who have lost a child or loved one the ability to seek damages for their pain and suffering in cases where wrongful death is established.

By expanding the State’s wrongful death statute beyond the callous ‘monetary value’ of the deceased and allowing for pain and suffering to be calculated in wrongful death cases, the legislation weighs the full and devastating impact that the loss of a child, spouse, stay at-home parent, or disabled grandparent has on a family.  It would also hold the wrongdoer responsible for the death accountable.

The benefits of the legislation to New York’s families are crystal clear. The steps that the New York State Legislature will take next to ensure the Grieving Family Act becomes law, is less evident.

There have been discussions to override Governor Hochul’s veto of the Grieving Families Act, but these talks have been met by a mixed response from Democratic Leaders in the State Legislature. Assembly Speaker Carl Heastie referred to a veto override as a nuclear option and Senator Brad Hoylman-Siegel, Chairman of the Judiciary Committee and the bill’s sponsor stated he doesn’t believe an override can occur in a different calendar year from when the bill was vetoed.  To the person, however, these same legislators have engaged in splashy press conferences and rhetorical speeches regarding the need to make the Grieving Families Act law so we can protect victims of negligence.

My solution would be for both houses of the State Legislature to again pass the 2023 version of the bill, and before the State Budget is approved. This would provide Legislators greater leverage, and show our resolve to have the Act become law in 2024.  With supermajorities in both houses, why won’t the Democrats that constantly claim to protect victims and be the Party That Cares More Than Everybody Else simply flex their legislative muscle to make this happen.  If the Governor vetoes the bill again, they must use the ‘nuclear option’ and override her veto.

Antithetically, during last year’s historic nomination of Justice Hector Lasalle for Chief Judge of the Court of Appeals, the Senate Democrats were more than willing to override the Governor to stack the court with progressives who would toe the political line when it came to the congressional redistricting case that was soon to be heard. Despite the historic nature of the nomination, as the first Latino nominee for Chief Judge, the impeccable qualifications of Justice Lasalle and the fact that the legislature has never denied a Governor’s nomination for Chief Judge, the Lasalle nomination was defeated because he didn’t fit with their agenda. 

Now, with something as important as the Grieving Families Act, the Democrats seem unwilling to move the ball forward.  If they were willing to challenge the Governor for political power, it would be my hope that they could do it for legislation that would serve a greater purpose for all New York’s families.  2024 must be the year the Grieving Families Act becomes law. Whether this happens by the Governor acquiescing to sign the bill or through an override, the important first step is for lawmakers to take action now and repass the Grieving Families Act so we can do what’s right as New Yorkers, for New Yorkers.

Anthony H. Palumbo

New York State Senator, 1st District 

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