ATTORNEY FOR GEDNEY ASSOCIATION WITHDRAWS AS PARTY PLAINTIFF/APPELLANT OVER “MOOT ISSUE” CREATED BY FASNY SALE OF RIDGEWAY COUNTRY CLUB PROPERTY

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WPCNR WHITE PLAINS LAW JOURNAL. Statement to WPCNR. December 8, 2021:

As WPCNR reported yesterday, the plaintiffs in the Gedney Association vs. French American School of New York and the City of White Plains are stymied

The surprise sale by the French American School of New York of the entire Rigeway Country Club property which the court was not told about prior to the November 28 news release to the media announcing the sale has created a dilemma.

The “Environmental Issue,” one of the two appeals the Association made two years ago that is currently being held for scheduling of argument in the Appellate Court of Brooklyn is stymied as to how to proceed on the remaining issue of the appeal: of the moratorium on institutional use attached to the property since 1925.

Today, Dan Seidel, the architect of the papers presenting the moot “Environmental Issue” brief that the Appellate Division agreed to hear (with the “institutional” issue), announced today he was withdrawing as plaintiff/appellant.

He has issued the following statement to WPCNR explaining his action :

“Update: the plaintiffs’ fighting the “institutional use” holding of  Judge Lefkowitz have a dilemma.

As I no longer live in the area, and the SEQRA environmental issues have been resolved by the sale to a housing developer, who promises luxury houses I have no remedy that can be granted from the Appellate Court.

My damages claimed (in the appeal) included no monetary relief, but a mere “re-do” of the environmental issues.

I shall therefore withdraw as a party plaintiff/appellant, not as attorney.

My issue is now moot.

The School never got built and is now gone. 

The Appellate Court Rules state that when an issue is moot, the Court SHALL be notified immediately and the process will be affected.

I will withdraw as an appellant as I no longer live in the area and the issue I was contesting is moot. Failure to do so can result in significant monetary sanctions to ME (wasting the court’s time with an issue that has been resolved) and I can be disciplined on my permanent record. 

John Sheehan and Gedney still have standing in the SEQRA issue and it will be their choice to go forward or not on those issues. 

The deed restriction issue can be argued and also, any new developer will have to go thru SEQRA again and the plaintiff’s in that action and others can still contest the Zoning/definition issue – hence the need to submit the paperwork for a decision.

Oral argument doesn’t have to be had – we can all  “submit”. 

 I will advise the Court, as attorney, the other plaintiffs still wish to proceed so far, but I will no longer be a party plaintiff/appellant.

Because of Judge Lefkowitz’s bizarre and wrongful opinion on the “institutional use” definition, the other plaintiiffs/appellants will still proceed. 

Too, because the two actions were wrongfully “joined” for a single trial, the Gedney SEQRA part may still have to be submitted for a decision (because of the Lefkowitz errors), just without my name as a party plaintiff/Appellant.

This is still being discussed. Should any new builder/owner wish to build an institution on the FASNY Property (ALL STILL zoned R1:30,000 ONLY) that issue can be contested anew or the deed restriction issues can be appealed this go round on a “framed issue” basis.” 

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FIRST OMICRON COVID VARIENT VICTIM IN WESTCHESTER IS A 13 YEAR OLD. “STATE OF EMERGENCY” IS DECLARED IN COUNTY WITH A WATCH ON HOSPITALIZATIONS (84) GOING UP. WHITE PLAINS HOSPITAL NOT OVERRUN WITH COVID CASES, CEO SAYS, WILL NOT LIMIT ELECTIVE SURGERIES. NASSAU, SUFFOLK COUNTY HAVE 1,791 NEW INFECTIONS SUNDAY, 1,580 SATURDAY,2,038 FRIDAY.

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WPCNR CORONAVIRUS UPDATE. By John F. Bailey. December 7, 2021:

The day after County Executive George Latimer’s Covid Monday news conference, the county learned of the first overly contagious Omicron Covid Varient case, a 13 year old boy. The County Executive issued this statement Tuesday at 5:30 PM:


“Earlier this afternoon we were informed that there is a confirmed case of the COVID-19 Omicron variant in Westchester County. The positive case is in a 13-year-old Westchester County resident.  We are concerned about this discovery, and are closely monitoring the situation.  With the new variant circulating, the best way we can protect our families and ourselves is by being vaccinated, and by getting a booster shot if you are eligible.

“Additionally, I have officially signed the State of Emergency Executive Order for Westchester County.  I am taking this action to combat the Delta and Omicron COVID variants.  There is currently a public health threat, I know it has been many months, I know you are tired but we – together – must take action to be better prepared to fight COVID and the new variants.”

In his news conference on Covid Monday the County Executive stated his administration was preparing a 5-step plan which would be implemented when key indicators of covid infections and hospitalizations were reached. He did not apply and new requirements for Westchester County. He said that 84 new hospitalizations were reported in Westchester, up from 52 a week ago, a 61% increase in hospitalizations. He presented this chart :

The County Executive said that the county was formulating a Five Step plan of actions to take if hospitalizations continued to rise. The first step pictured above is triggered by rising to 100 hospitalizations. He said the next steps would involve restrictions. Tuesday morning on WVOX Radio ‘s Dennis and Tonny’s Good Morning Westchester, he said that with hospitalizations “rising towards 100, the county is declaring a state of emergency.”

He stressed in his covid briefing the county was “nowhere near” the infections of previous weeks, and noted the low death rates over the last year, shown below as evidence the county was not in serious danger of overburdening county hospitals. He said the 93% vaccinated population with at least one shot was definitely a factor in reducing hospitalizations saying that 57% of hospitalized patients were unvaccinated, and the rest were either presumed unvaccinated, or had preexisting health conditions.

Susan Fox, President, CEO of White Plains Hospital appeared at the invitation of the County Executive to address the Governor’s suggestion for hospitals to not accept elective surgeries.

She said that the hospital realizes it has to maintain a balance between being ready for Covid patients and serving the needs of the public. She said her staff is burned out from treating covid, but presently, only 15 patients are being treated for Covid at White Plains Hospital and only 1 is in the ICU unit. She gave the impression the hospital was not at the point where they would cancel elective surgeries which Governor Kathy Hochul suggested last week.

The County Executive answering a question by John Gordon of News 12 in the news conference about reopening the County Center as a vaccination center (it has been closed for vaccinations since November 14), said he was looking at that but did not give a reason why.

Mr. Latimer had a lot of issues he wanted to stress, which meant he had no time all the statistics that would indicate how good the public response is to the need to be vaccinated.

The County Executive did not give a count of how the vaccination shot administrations were going since the Westchester Medical Center took over that responsibility for the region. We were not told whether vaccinations were up in frequency or down as he used to do when the County Center, the Yonkers Armory and the Health Department on Court Street in White Plains were punching out shots to long lines in August. Pharmacy shot totals were not addressed. School vaccinations response trends were not given in detail.

When WPCNR asked the County Department of Communications for the figures on Westchester Medical Center vaccinations for children under 12, and those adultsnover 18, they recommended WPCNR go to the Westchester Medical Center press office.

WPCNR awaits a call back from Andrew LaGuardia, media spokesperson for Westchester Medical Center for an explanation of number of first shots, second shots and boosters administered and volume of children under 12 getting shots since November 14 when the Westchester Medical Center took over administering shots in the county. Such figures would provide a better picture of the public response to the county urging they get their vaccinations over the last two monthsl

WPCNR also asked Mr. LaGuardia if Westchester Medical Center was already taking in overflows of patients from surrounding counties in the the Mid-Hudson region where there are not as many hospitals as Westchester. Infections have been racing up the last two weeks in Orange County, Rockland County, Ulster County and Dutchess.

The climb in the MidHudson region continued Sunday and Long Island shows no signs of stopping and no detailed hospitalization numbers have been issued by the state.

On Sunday, December 5 the New York State Covid Tracker showed Westchester County infections leading the Mid-Hudson region with 280 unfortunate new positives testing with covid of 6,401 tested, 4.4%. Orange County had 152, Dutchess, 106, Rockland 96, Ulster, 52, Putnam 36. Sullivan,28.

Nassau and Suffolk county positives continue to astound.

On Sunday, Nassau produced 759 positives, a 6.6% infection rate on 11,422 tested. Suffolk found 932 positives of 12,383, 7.5%. No figures given for Nassau and Suffolk hospitalizations.

The MidHudson Region of 7 counties and Nassau and Suffolk counties totaled 2,441 new infections Sunday. The New York City five boroughs has 2,159. Sunday marked the 20th day in the last 25 days that the 9 suburban counties had more new persons coming down with covid than all of New York City.

Beware.

At the conclusion of the news conference Monday, Mr. Latimer admonished the audience with these words about getting vaccinated:

“Get it!”

He said at the conclusion of the press queries that he expected covid is going to be with us forever and that people needed to rise to the occasion and live with covid by being thoughtful (of others), practicing self-discipline, and perseverance.

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FARRELL BUILDING COMPANY HAS CLOSED SALE PURCHASING RIDGEWAY COUNTRY CLUB. ARGUMENTS OF GEDNEY APPEAL STILL BEING SCHEDULED

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. December 7, 2021:

Three sources familiar with the status of the French American School of New York  sale of the Ridgeway Country Property in White Plains have confirmed  closing of the property, including the City of White Plains and Farrell Building Company. Papers confirming it have been submitted to the County Clerk WPCNR was told.

Farrell Building Company has closed the sale of the land with the school. Closing means the school has received payment on the property, reportedly $16.5 Million, but that is not ben confirmed directly.

This does not mean the Gedney Association appeal asking the original plans for the property be stopped. To refresh your memory, the first issue Gedney Association appealed was the original school proposal failed to adhere to the covenant of denying use for institutions. The issue of the appeal was alleged Common Council failure to execute a thorough SEQRA environmental review.

At issue now is whether to proceed with both segments of the appeal, or just one.This came about because–

When the sale was announced one week ago via news release, it was assumed this made the present appeal case “moot”  which is defined  “as having little or no practical relevance, typically because the subject is too uncertain to allow a decision:”

The original appeal filed on the part of the Gedney Association, consisted of two separate legal arguments.

In the decision that approved the now defunct school institution project, Judge Joan Lefkowitz of New York State Supreme Court  combined the two appeals into one decision.

The quandary over scheduling the showdown in the Appellate Court (which has not been decided by the Appellate Court) is to drop either the environmental suit.

 The attorney who wrote the Environmental brief, Dan Seidel, feels that appeal is now “moot” (since the land has been sold on which the original environmental statement no matter how complete or incomplete it was), or proceed with both appeals

The suspense goes on.

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80 YEARS AGO: JAPAN ATTACKED PEARL HARBOR

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Out of the Sun

The Arizona engulfed, December 7, 1941 Pearl Harbor

Out of the sun they came

Birds of death blazened with red suns raining fiery havoc on Battleship Row.

One by one, ruthless planes dove, destroyed to their nation’s shame.

Thunderous explosions scattered fiery death on Sunday dawn’s glow.

Flames belched from hull of stricken Arizona, America’s pride,

Hicham Field pilots raced to planes to defend

Their birds crippled on ground by Zeros’ glide

Gunners in turrets on ships floundering filled skies with flack’s din.

In search of carriers, marauders could not find

Ruthlessly strafed and bombed leaving Pearl

In smoking ruin. Ships sunk, burning as raiders flew back into dawn’s Sun

The day of infamy had been ignited in the Zeros’ swirl.

The Attack Begins 8 AM December 7, 1941

As America listened a world away,  somber FDR

Spoke of  this day that will live in infamy.

America must never forget its  Pearl Harbor Scar

When an unsuspecting America slept in complacency.

To the 2,403 perishing that day under merciless bombs

Hails of bullets,  terror of torpedos out of nowhere

America must remember forces against our freedoms

Relentlessly work always to surprise with deadly bombs’ glare.

Vigilence is the price of freedom always to be defended

By dark forces in far off places we have offended.

Against those who would destroy our republic from within

The answer is not curtailing freedom at home rather it to champion.

The USS Arizona lies in Pearl’s waters, bleeding the lives

Of her men through the eerie eternal slick marking the rusting hulk.

Beneath Pearl’s waters, the blood of free people oozes from the shadowy bulk,

Bleeding forever, freedom’s spirit living forever in lost lives remembered.

She never rests.



Note: The Pearl Harbor attack started 80 years ago today 2 PM Eastern Standard Time. The aftermath is dramatically depicted at http://www.history.navy.mil/photos/events/wwii-pac/pearlhbr/pearlhbr.htm

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F

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WPCNR SUNDAY COVID ROUND-UP. From the NY State Covid-19 Tracker. Observations by John F. Bailey. December 5, 2021:

The Covid Tracker of New York continues to report results on a 48-hour delay, it has been doing so for five days now, meaning Sunday’s covid cases reflect the new case covid positives reported Friday, December 3.

The Westchester County positives Friday number 388 up 66 from the day before (up 20%.)

The last day Westchester County had close to 400 cases was in the fourth month of the second wave of Covid in early April on April 8 when the county had 423 new persons testing positive. Within a few days of that, new infections began to taper down to 100 cases by the end of April, an Easter miracle. Cases eased down through May averaging 30 cases a day by the end of May.

Then former Governor Andrew Cuomo began to lift restrictions “coming back smarter,” but ignored most of his caution too soon uncharacteristically (after the state legislature stripped him of the authority to manage covid policy, and had initiated a probe of sexual allegations against him).

The governor within weeks had lifted restrictions. In June infections plunged to about 20 new cases a day. Euphoria created a very loose and careless atmosphere over the July 4th weekend. Anything went!

Within two weeks after July 5, infections per day climbed from 9 on July 5 to 51 on July 19, and continued to climb to 98 on August 1 to 147 on August 2 to averaging over 100 a day August 9 to August 14 to over 200 a day August 15 through August 31.

Since Labor Day infections averaged in the high 100s finally declining in the first week of October to below the 100 a day level in late October.

As holidays in October created more socializing and variants had their effect, November saw a new Fourth Wave begin. By the end of November just before Thanksgiving new covid infections were averaging 150 a day as of November 20.

That 150 a day has now doubled in two weeks to over 300 a day.

The Thanksgiving weekend has spread the disease very quickly resulting in a 300 new infections day total from November 30 through Friday December 3.

The county has gone from averaging 155 a day on the Friday after Thanksgiving, and 3 days later, hitting 311 infections on November 30; 359 on December 1, 322 on December 2.

Now we learn today Sunday 388 new poor people test positive Friday.

As I wrote yesterday 300 infections a day could mean a lot more persons getting sick from Covid in two weeks because 2/3 of those testing positive have not been vaccinated. The County Executive has assured us the hospitalizations are 52 as of Monday and are sustainable.

So the big mystery is what is the hospitalization rate of unvaccinated persons testing positive for covid the last two weeks before Monday, the 21st of November.

There were 2,127 total new covid infections from November 14 through Saturday November 27 (13 days).. That is 163 a day. If we divide 52 by 2,127 we get a hospitalized rate of 2.4% for the covid infected two weeks ago: 52 infections

Now depending on whether this 300 new infections a day, pushing on 400 as of Friday, continues let’s see what happens. A week of 300 infections yields 2,100, yielding 52 hospitalizations. The more infections you have the more hospitalizations. Four hundred infections a day yields 2,800 new cases a week which if hospitalized at the same 2.4% of unvaccinated persons means 67 hospitalizations a week in two weeks. Still not a problem if hospitalizations are stabilized at the 50 level now and stay there.

However if the holidays coming exponentially spread and double the infections to say 500 a day, 3,500 a week you’re up to 84 hospitalizations weekly. If the newly infected get more seriously infected you might get more hospitalizations. then again we may not. Six hundred a day means 4,200 new cases a week of mostly unvaccinated people. That many cases may drive hospitalizations up to 100 at the 2.4% rate. Seven hundred means 117 infections a week. Of course you do not know how sick these new infected people will become and how long to cure. We do not know how long hospital stays are now for covid sufferers being hospitalized. We do not know how many go into the hospital and are immediately stabilized and released.

Looking the way the new infections are going up is sobering. It is imperative if you are not vaccinated you get vaccinated.

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“HOG” Strips the Glamour off the Rich and Famous

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WPCNR SUNDAY REVIEW. Cinema by John F. Bailey. December 5, 2021:

Lady Gaga as Patrizia Reggiani the woman who murdered Maurizio Gucci (Adam Driver) after he divorces her ascends to another level.

She is powerful, emotional, dominates, builds the evil of her character believably through the movie. Oscar on the way for Lady Gaga! But she won’t get it because she’s too good. Too self-made. An original.

The irony of HOG: it does not glamorize the celebrity world. It explodes the myth the rich and famous are better than you and me. The behavior of all the main characters in this movie is not admirable or inspiring in any way. The story is true to life at the very wobbly top.

The House of Gucci is the world of “The Little Foxes,” the play by Lillian Hellman. Everybody wants what you have and love turns to ashes through greed, jealousy and clasping and retaining power. Instead of love being for another person, the love turns into loving yourself. Ego sickeningly trumps common sense and concern for where your choices are taking you as young lovers turn into old enemies.

HOG’S real mission is accomplished: laying out there not too subtlely how shallow, self-centered the rich & powerful are. The characters have no class the way they treat each other, no compassion. They are weak, ruthless when threatened.

Each of the fashion moguls of Gucci stops at nothing to advance themselves at the expense of others.

Al Pacino as the uncle Aldo in the New York Gucci store is terrific. Jefffrey Irons is the essence of the patriarch, Rudolfo Gucci:  he has been aged to a bitter vintage: no feeling, no body,  no compassion or love. It’s all about him. Irons plays Rudolfo for the vampire he is, sucking the life out of people.

The funeral scene as he lays in his coffin is great. Because no one is mourning his death.

The humor in this movie is doubled-edged to show desperation and how sensitive these weak people are and insecure despite their power.

 Lady Gaga  becomes more secure throughout and the appeal of the world of the rich and famous gets to her. Her character transformation is a tour de force. More big roles coming for her.

One consistent flaw in movies today is the absolutely poor audio. This one is particular poorly presented.

The audio I heard even with hearing aids, is too base treble. Actors swallow and clip their lines. They whisper and II defy you to hear what is said.  The audio is either a fault of the voice coaches, or the audio or the recording systems or the theater you hear the sound track.  

The Italian accents are very difficult to understand in all the actors. You get the gist through the body language, dripping, chilly, passionate, stifling, infuriating ruthless, thick lust and acid flows like lava through the script. Like “The Godfather,” a horribly inarticulate movie you understand what’s happening through attitude.

Gaga with gestures and her emotional command works up believably to murder, makes women admire her and men, too. Men like strong women.  But do they really? You will find yourself asking that question.

You do not cross Lady Gaga. She sells this movie. She is right at the top, not over it.

 Director Ridley Scott’s treatment of the assassination of  Lady Gaga’s husband  Maurizio is solid, ruthless and shows what murder is, a ruthless taking of a human life.

This is a long movie, but it seems short because the changes in Lady Gaga’s growth and how Driver’s neglect of her are ominous. Driver does a subtle truly ugly portrayal of how Gaga’s efforts to help him fester a smouldering resentment for damaging his ego leading to divorce.

Even though you know the end, you stay because the relationship slowly cracking and love dying and being rejected fascinates.

The way that Gaga encourages Maurizio to be someone he is not to protect him while advancing herself in the House of  Gucci is deftly done, but also turns his ego against her.

Very instructive. Driver and Gaga are Rags to Riches to Ruin. They ruin each other. They love what the other is which destroys the foundation of the love for the other.

A love story turns into a horror story.

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No “Conveyence of Deed” Filed on FASNY Sale of Ridgeway Property Yet.

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WPCNR WATCH ON THE RHINE.. Update December 5, 2021:

As of yesterday, December 4, despite a news release last Tuesday announcing the French American School of New York had sold the Ridgeway Country Club parcel in White Plains in its entirety to Farrell Building Company of Bridgehamption, WPCNR has learned that no “Conveyance of Deed” is listed in Westchester County Clerk records,

Dan Seidel, one of the attorneys for the Gedney Association who appealed the decision in favor of French American School of New York and the City of White Plains, said he would take no action one way or another to proceed with argument or withdraw the appeal until the transaction is officially registered. as completed.

At this time, Mr. Seidel awaits an “argument” date set by the Appellate Court in Brooklyn and is planning on it.

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330 NEW CASES A DAY MEANS 4,620 NEW WESTCHESTER CASES WEEK BEFORE CHRISTMAS

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WPCNR COVID 19 OBSERVER. From the NYS COVID-19 TRACKER COMMENTS BY WPCNR’S JOHN BAILEY December 4, 3:40 PM EST:

The state covid tracker caught UP with Thursday’s new covid cases this afternoon, POSTING Westchester County with 322 new cases Thursday (down from 359 Wednesday).

On Thursday, Westchester’s 322 new cases of covid represented a 3.7% postivity rate on 8,676 tested. This is the start, it appears, of growing compounding of new infections culminating the week before Christmas, based on how many persons are spreading Covid to the uninfected:

The 322 cases Thursday divided by the 151 cases two weeks ago (November 18) indicates the virus is spread by every newly positive covid tester to two other persons for every new person covid positive within an approximate 2 week period.

By December 16 those 322 new cases may infect 644 new persons.

At 300 new cases a day now for three straight days the most new cases a day since last April 15, Westchester County must drive this down at once. It also demands heavier testing. And not just testing people thinking they have symptoms. Here’s why:

If the three day rise starting November 30 does not drop or worse sustains its rate of infection — 7 days of 300 infections a day through this weekend could bring 4,200 new infections the week before Christmas (Dec. 16-25).

Subsequent new infections discovered that week of December 16-25 adding to the week between Christmas and New Years infections may create an tsunami of infections in January. If most new infections are unvaccinated, how many will require hospitalizations?

If just 25% of those before Christmas projections (4,620) need hospitalization over Christmas, that is 1155 hospital beds.

If half those 4,620 infections most probably due to that they are not vaccinated need hospitalization that is 2,100 pushing up on Westchester County available hospital beds (2,700). Are the medications effective enough to keep hospitalizations of unvaccinated victims of covid, down low at less than 100 a week? That’s the gamble.

I just reread that last paragraph — that is quite a bet the county and the Mid-Hudson region is making.

Nassau and Suffolk have already bet the house.

At close to 2,000 infections a day now they are in serious bed trouble already and don’t know it. They don’t know it. How can they not know it?

The bet is that unvaccinated cases will not get sick enough to be hospitalized on a high level. This is a reasonable assumption given now Westchester only has 52 hospitalizations last week. It was also stated in this week’s covid breifing by the County Executive George Latimer that 2/3 of new cases are unvaccinated.

The county is confident at the present rate of hospitalizations (52 last week), that they have enough capacity. But that was last week.

This sudden outbreak of almost double infections with the highly social travel Thanksgiving 7-day effect, must be watched with an action plan if the 300 a day trend continues in Westchester and the 6 other counties in the region have no new hospital capacity to match Westchester.

If Westchester Medical Center is expected to handle overflow of patient needs in Rockland, Ulster, Dutchess, Orange,Putnam and Sullivan counties they may be caught flat-footed and understaffed. As the last 7 days showed the spread can rise into a tsunami on you due to human frailty, overconfidence, the need to be together and no-vaccinationees by Christmas.

It appears the Thanksgiving weekend has unleashed a new surge of the fourth wave in 7 days! The doubling of rise in infections started with the last week in September (the legacy of Labor Day Weekend)

The number of infections jumped November 30 to 311. December 1 they went up to 359. December 2, 322..

We are now just 7 days after the holiday travel and Thanksgiving holidays started.

Infections the last three days through Thursday December 2 are 311,359 and 322., an average: 330. If that 330 does not decline sharply and continues, 2 new persons would per every 1 newly testing positive, could produce approximately 4,620 infections the week before Christmas.

The entire 7-county MidHudson region posts including covid-overwhelmed Nassau and Suffolk County had 2,493 new cases of covid down 748 from Wednesday’s 3,137.( down 25%).

New York City showed 2,265 new cases, with Brooklyn and Queens (adjacent Nassau and Suffolk County) having 713 and 598 separately with Nassau and Suffolk with 688 new cases and 830 new cases continuing on fire for the second straight day.

Nassau had 856 cases Wesnesday, and 680 on Thursday. Suffolk County dipped to 830 new cases Thursday, down from 1,103 on Wednesday.

Nassau and Suffolk continue to be the problem for the region spreading cases west into Queens and Brooklyn, it would appear.

The 10 COUNTIES ENCIRCLING NYC HAVE 2,493 NEW COVID CASES, 265 MORE THAN NYC’S 2,265. FOR 10 DAYSTHE 10 SUBURBAN COUNTIES HAVE LEAD ALL NEW YORK CITY CASES- THE 10 OUTSIDE NYC HAD MOST CASES FOR 17 OF 22 DAYS (3 WEEKS)

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Governor Hochul on Omicron Friday

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 Guidance on Limiting Non-Essential and Non-Urgent Procedures at Certain Hospitals Experiencing Limited Capacity

159,560 Vaccine Doses Administered Over Last 24 Hours

49 COVID-19 Deaths Statewide Yesterday

Governor Kathy Hochul Fridday updated New Yorkers on the state’s progress combating COVID-19.

“New York State has confirmed five cases of the omicron variant. Let me be clear: this is not cause for alarm, we knew this variant was coming and we expect to see more cases,” Governor Hochul said. “I want to remind all New Yorkers to use the tools they have at their disposal to keep themselves and their communities safe: get your vaccine, get your booster, and wear your mask. We will get through this.”

The Governor and the Department of Health today also released written guidance on Executive Order No. 11, which enables the Department to protect access to critical health care services by limiting non-essential, non-urgent procedures at certain hospitals currently experiencing limited capacity. While this order is effective today, determinations will be issued to facilities by December 6 to apply to procedures scheduled to occur on or after December 9.

Editor’s Note: On Thursday, Westchester County suffered 359 new covid infections, on December 1, up from 311 on Tuesday November 30. The covid tracker still is lagging 48 hours behind reporting daily results. It marked the 16th day in the last 21 days the Mid-Hudson Region and Long Island had more new covid cases than New York City. Long Island reported 1,958 new infections of the 3,137 infections in Mid-Hudson Region and Long Island combined. Westchester r has an infection rate of 3% testing positive a long range possibility of the 359 cases December 1st infecting 622 new persons in two weeks.

Today’s data is summarized briefly below:


· Test Results Reported – 230,961

· Total Positive – 11,242
· Percent Positive – 4.87%

· 7-Day Average Percent Positive – 4.85%
· Patient Hospitalization – 3,107 (+14)
· Patients Newly Admitted – 437
· Patients in ICU – 595 (+4)
· Patients in ICU with Intubation – 309 (-5)
· Total Discharges – 216,609 (+391)
· New deaths reported by healthcare facilities through HERDS – 49
· Total deaths reported by healthcare facilities through HERDS – 46,673

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.


· Total deaths reported to and compiled by the CDC – 60,354


This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.


· Total vaccine doses administered – 30,164,634
· Total vaccine doses administered over past 24 hours – 159,560
· Total vaccine doses administered over past 7 days – 668,526
· Percent of New Yorkers ages 18 and older with at least one vaccine dose – 86.1%
· Percent of New Yorkers ages 18 and older with completed vaccine series – 78.5%
· Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) – 91.2%
· Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) – 80.9%
· Percent of all New Yorkers with at least one vaccine dose – 74.5%
· Percent of all New Yorkers with completed vaccine series – 66.8%
· Percent of all New Yorkers with at least one vaccine dose (CDC) – 78.6%
· Percent of all New Yorkers with completed vaccine series (CDC) – 68.7%

Each region’s 7-day average of cases per 100K population is as follows:

RegionTuesday, November 30, 2021Wednesday, December 1, 2021Thursday, December 2, 2021
Capital Region52.9655.7460.31
Central New York45.5249.6756.08
Finger Lakes58.9661.5366.75
Long Island38.1641.6347.44
Mid-Hudson27.7529.8733.17
Mohawk Valley61.0864.1770.77
New York City17.4118.6620.42
North Country59.0662.5368.40
Southern Tier53.3056.7163.26
Western New York67.5468.8873.06
Statewide33.9836.1139.73

Each region’s 7-day average percentage of positive test results reported over the last three days is as follows:

RegionTuesday, November 30, 2021Wednesday, December 1, 2021Thursday, December 2, 2021
Capital Region8.13%8.15%8.17%
Central New York7.54%8.12%8.41%
Finger Lakes10.46%10.69%10.89%
Long Island5.17%5.50%5.83%
Mid-Hudson3.73%3.98%4.26%
Mohawk Valley9.20%8.90%9.31%
New York City1.94%2.10%2.23%
North Country9.54%9.36%9.67%
Southern Tier6.30%6.49%6.77%
Western New York10.60%10.92%11.32%
Statewide4.37%4.61%4.85%


Each New York City borough’s 7-day average percentage of positive test results reported over the last three days is as follows:

Borough in NYCTuesday, November 30, 2021Wednesday, December 1, 2021Thursday, December 2, 2021
Bronx1.89%2.02%2.15%
Kings1.70%1.89%1.97%
New York1.46%1.61%1.67%
Queens2.59%2.70%2.94%
Richmond3.33%3.45%3.71%


Yesterday, 11,242 New Yorkers tested positive for COVID-19 in New York State, bringing the total to 2,734,874. A geographic breakdown is as follows:

CountyTotal PositiveNew Positive 
Albany34,983219 
Allegany6,14666 
Broome28,730181 
Cattaraugus10,25478 
Cayuga9,90252 
Chautauqua15,410163 
Chemung13,09591 
Chenango5,67951 
Clinton8,27961 
Columbia5,84260 
Cortland6,16430 
Delaware4,57671 
Dutchess38,356138 
Erie127,410799 
Essex3,05924 
Franklin5,57854 
Fulton7,99758 
Genesee8,86974 
Greene5,05857 
Hamilton5256 
Herkimer8,55780 
Jefferson11,65790 
Lewis4,29838 
Livingston7,40275 
Madison7,56359 
Monroe99,510574 
Montgomery7,35366 
Nassau228,510856 
Niagara29,420202 
NYC1,139,9422,389 
Oneida33,796190 
Onondaga60,557443 
Ontario11,974108 
Orange62,994317 
Orleans5,67659 
Oswego14,513104 
Otsego5,53367 
Putnam13,29041 
Rensselaer17,811178 
Rockland55,844114 
Saratoga25,383216 
Schenectady19,693124 
Schoharie2,79448 
Schuyler1,98912 
Seneca3,36049 
St. Lawrence13,212140 
Steuben12,858145 
Suffolk258,5101,102 
Sullivan9,83074 
Tioga6,51762 
Tompkins7,55756 
Ulster19,396136 
Warren7,55971 
Washington6,91372 
Wayne10,563115 
Westchester149,124359 
Wyoming5,46360 
Yates2,04118 


Yesterday, 49 New Yorkers died due to COVID-19, bringing the total compiled through HERDS to 46,673. A geographic breakdown is as follows, by county of residence:

New Deaths by 
County of Residence 
Albany1
Broome1
Cattaraugus1
Cayuga1
Erie10
Genesee1
Herkimer2
Kings3
Montgomery1
Niagara2
Oneida1
Onondaga4
Ontario2
Orange1
Oswego3
Queens4
Rensselaer2
Richmond1
Schenectady2
Seneca1
St. Lawrence2
Suffolk1
Tioga1
Westchester1

All New York State mass vaccination sites are open to eligible New Yorkers aged 12 years and older for walk-in vaccination on a first-come, first-serve basis, with 10 sites open to eligible New Yorkers aged 5 and older. People who would prefer to schedule an appointment at a state-run mass vaccination site can do so on the Am I Eligible App or by calling 1-833-NYS-4-VAX. People may also contact their local health department, pharmacy, doctor or hospital to schedule appointments where vaccines are available, or visit vaccines.gov to find information on vaccine appointments near them.

New Yorkers looking to schedule vaccine appointments for 5-11-year-old children are encouraged to contact their child’s pediatrician, family physician, county health departments, Federally Qualified Health Centers (FQHCs), rural health centers, or pharmacies that may be administering the vaccine for this age group. Parents and guardians can visit vaccines.gov, text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. Make sure that the provider offers the Pfizer-BioNTechCOVID-19 vaccine, as the other COVID-19 vaccines are not yet authorized for this age group.

Visit our website for parents and guardians for new information, frequently asked questions and answers, and resources specifically designed for parents and guardians of this age group.

Yesterday, 28,274 New Yorkers received their first vaccine dose, and 27,808 completed their vaccine series. A geographic breakdown of New Yorkers who have been vaccinated by region is as follows:

 People with at least one vaccine dosePeople with complete vaccine series  
RegionCumulative
Total
Increase over past 24 hoursCumulative
Total
Increase over past 24 hours  
Capital Region802,7211,479721,8821,701  
Central New York617,652766563,848921  
Finger Lakes818,0661,421747,1651,590  
Long Island2,018,3563,6311,790,2343,441  
Mid-Hudson1,572,7813,0861,373,5992,719  
Mohawk Valley310,315444285,144570  
New York City7,237,24915,3036,435,25314,370  
North Country288,325402257,093354  
Southern Tier415,772427378,727545  
Western New York898,5941,315812,3881,597  
Statewide14,979,83128,27413,365,33327,808  

The COVID-19 Vaccine Tracker Dashboard is available to update New Yorkers on the distribution of the COVID-19 vaccine. The New York State Department of Health requires vaccinating facilities to report all COVID-19 vaccine administration data within 24 hours; the vaccine administration data on the dashboard is updated daily to reflect the most up-to-date metrics in the state’s vaccination effort. New York State Department of Health-reported data from NYSIIS and CIR differs slightly from federally-reported data, which is inclusive of federally-administered doses and other minor differences. Both numbers are included in the release above.


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