1 [ THEME MUSIC ] >> ON THIS WEEK'S EDITION OF "NEW YORK NOW," A PRIMARY DAY PREVIEW, NEWS FROM NEW YORK'S TOP COURT AND AN EYE ON HEALTH CARE ACCESS.

I'M DAN CLARK, AND THIS IS "NEW YORK NOW."

[ THEME MUSIC ] >>WELCOME TO THIS WEEK'S EDICK'S OF "NEW YORK NOW."

I'M DAN CLARK.

NEXT TUESDAY IS A BIG DAY IN NEW YORK POLITICS.

IT'S THE SECOND PRIMARY ELECTION DAY IN NEW YORK THIS YEAR.

THIS TIME, PRIMARY CANDIDATES FOR CONGRESS AND STATE SENATE ARE ON THE BALLOT, AND WHOEVER WINS THOSE RACES WILL GO ONTO THE GENERAL IN NOVEMBER.

SO LET'S START THERE FOR THIS WEEK'S SHOW WITH OUR PANEL.

BILL MAHONEY IS FROM POLITICO NEW YORK AND ZACH WILLIAMS IS FROM THE "NEW YORK POST".

THANK YOU BOTH FOR BEING HERE.

>> APPRECIATE YOU HAVING US.

>> THIS IS A FASCINATING TIME TO BE IN NEW YORK.

I DON'T KNOW THE LAST TIME WE'VE HAD THIS KIND OF ELECTION SYSTEM WHERE WE HAD A PRIMARY IN JUNE FOR GOVERNOR AND ASSEMBLY, AND NOW WE HAVE THE PRIMARY FOR CONGRESS AND STATE SENATE.

I'M NOT GOING TO GO IN THE BACKGROUND OF THE REDISTRICTING MESS, BUT WE CAN JUST TALK ABOUT SOME 2 RACES AND KIND OF THE IMPLICATIONS.

ZACH, WHAT'S GOING ON IN NEW YORK CITY?

WE HAVE A FEW RACES THAT WE'RE WATCHING.

LET'S START WITH CONGRESS.

NEW YORK 10 AND NEW YORK 12 ARE JUST FASCINATING.

NEW YORK 10, IN PARTICULAR, BECAUSE THERE ARE SO MANY CANDIDATES ON THE BALLOT.

[LAUGHTER] I WAS MAKING A GRAPHIC FOR THIS RACE THAT I'LL PUT UP ON THE SCREEN NOW AND JUST FINDING THE PICTURES OF THESE PEOPLE, I WAS LIKE, WOW.

THERE'S A LOT.

[LAUGHTER] SO WHAT'S GOING ON HERE?

>> WELL, LET'S START WITH NEW YORK 10, WHICH IS THE SEAT STRADDLING LOWER MANHATTAN AND BROWNSTONE BROOKLYN.

NOW NEW YORK 10 USED TO BE REPRESENTED BY JERRY NADLER BUT HE'S NOW RUNNING A MANHATTAN-BASED SEAT AGAINST CAROL MALONEY.

MORE ON THAT IN A LITTLE BIT.

BUT THIS NEW YORK 10 RACE IS JUST SO HUGE.

THE ONLY INCUMBENT IN IT IS REPRESENTATIVE MONDAIRE JONES WHO CURRENTLY REPRESENTS A DISTRICT NORTH OF THE CITY.

>> THIS IS CRAZY.

>> SO YOU'VE GOT HIM.

YOU'VE GOT TWO MEMBERS OF THE ASSEMBLY, YUH-LINE NIOU AND JOANNE SIMON.

YOU GOT CITY COUNCIL MEMBER CAROLINA RIVERA.

YOU'VE GOT FORMER REPRESENTATIVE LIZ HOLTZMAN, THE FIRST WOMAN ELECTED EVER AS CITY COMPTROLLER AND OF 3 COURSE, DANIEL GOLDMAN, THE HOUSE IMPEACHMENT LAWYER, WHO HAS EMERGED AS THE FRONTRUNNER IN RECENT WEEKS.

RECENT POLLING PUTS HIM SLIGHTLY AHEAD OF NIOU AND RIVERA, AND OF COURSE, HE GOT HUGE ENDORSEMENT FROM THE "NEW YORK TIMES", WHICH IN A SUPER BLUE, SUPER LIBERAL DISTRICT LIKE THAT, I THINK, JOE BIDEN WON IT BY 73 POINTS AN ENDORSEMENT FROM THE "TIME"S REALLY MEANS SOMETHING.

NOW NEW YORK 12, IT'S A REAL BLOOD BATH, A THREE-WAY BLOOD BATH, IN FACT.

>> THIS RACE IS FASCINATING TO ME AND I DON'T MEAN TO STEP ON YOUR TOES.

BUT AS YOU SAID WE HAVE JERRY NADLER, LONGTIME CONGRESSMAN.

WE HAVE CAROLYN MALONEY, LONGTIME CONGRESS MEMBER, AND WE HAVE A KIND OF LIKE CHALLENGER.

I'M NOT REALLY SURE.

>> ATTORNEY SURAJ PATEL.

THIS IS HIS THIRD TIME TRYING TO TAKE CAROLYN MALONEY DOWN.

>> OKAY.

>> NOW THE MOST FACE FASCINATING THING HAPPENED, A POLL THAT JUST CAME OUT ON THURSDAY.

>> YEAH.

>> WHICH WAS AT THE END OF MAY, MALONEY WAS UP BY 10 OVER NADLER AND SURAJ PATEL WAS UP LIKE 4% OR SOMETHING.

NOW, WHAT IS IT, TWO MONTHS LATER, SOMETHING LIKE THAT?

NADLER ALMOST HAS DOUBLE THE 4 SUPPORT OF MALONEY.

SURAJ PATEL HAS JUMPED TO ABOUT 14, 15%.

MALONEY'S NOW AT ABOUT 23, 24%.

SO IT REALLY LOOKS LIKE SURAJ PATEL IS SUCCEEDING IN BEATING MA KNOWNNY.

>> YEAH.

>> BUT HE'S ONLY HELPING NADLER WIN, WHICH ISN'T EXACTLY WHAT HE WAS HOPING BUT MAYBE THE ENEMY OF MY ENEMY IS MY FRIEND, AND SURAJ PATEL WILL JUST BE SATISFIED DOING BETTER AGAINST MALONEY THIS TIME MAYBE HOPING TO BEAT NADLER IN THE FUTURE.

THAT SAID, IT'S AN OPEN RACE.

STILL WE GOT A COUPLE MORE DAYS OF VOTING BUT IT LOOKS LIKE NADLER MIGHT JUST BEAT HIS LONGTIME COLLEAGUE CAROLYN MALONEY AFTER ALL.

>> WOW, IT'S GOING TO BE FASCINATING.

GO AHEAD, BILL.

SORRY.

>> ONE THING I WILL SAY ABOUT ALL OF THESE RACES, BOTH THOSE AND THOSE UPSTATE THAT WE WILL TALK ABOUT IN A BIT, IS I DON'T KNOW IF ANYBODY SHOULD TRUST ANYTHING THAT WE'VE SEEN AT THE POLLS SO FAR.

>> YEAH.

[LAUGHTER] >> POLLING IS BASED ON PREDICTING WHO IS GOING TO SHOW UP TO THE ELECTIONS AND VOTE AND YOU USUALLY HAVE A REGULAR BASELINE.

IF, SAY, THIS NOVEMBER WE KNOW THE 5 TYPES OF PEOPLE WHO TEND TO SHOW UP IN GUBERNATORIAL ELECTIONS AND YOU CAN SAMPLE THEM TO BALANCE IT OUT BASED ON WHAT THE TURNOUT WILL LOOK LIKE.

WE DON'T HAVE ANY PRECEDENT FOR AN AUGUST PRIMARY.

SO ALL THESE RACES, SOME CANDIDATES ARE CONSISTENTLY UP IN THE POLLS BUT MAYBE THERE'S SOME SEGMENT OF THE POPULATION THAT WILL BE UP IN THE WOODS IN MAINE THIS WHOLE MONTH.

[LAUGHTER] AND PEOPLE AREN'T INCLUDED IN THEIR POLLING.

THERE'S A LOT OF X FACTORS LIKE COLLEGE STUDENTS.

>> YEAH!

>> DURING PRIMARIES, THEIR TURNOUT ISN'T ALWAYS THAT GREAT, BUT WE HAVE SOME DISTRICTS THAT ARE IN THESE BIG COLLEGE TOWNS, ESPECIALLY UPSTATE, WHERE THIS IS THE MOVE-IN WEEK, NEXT WEEK IS THE MOVE-IN WEEK.

IS THAT ENOUGH TIME TO GET 5% TURNOUT IN THOSE COLLEGE DISTRICTS?

WE DON'T KNOW THAT.

WE HAVE ABSOLUTELY NOTHING IN NEW YORK'S HISTORY TO BASE THIS ON.

THERE'S A LOT OF GUESSES GOING INTO THIS POLLING EVEN MORE SO THAN NORMAL.

SO IT'S NOT COMPLETELY POSSIBLE THAT SOME OF THESE RACES ARE GOING TO BE WAY OFF FROM WHAT PEOPLE ARE SEEING IN THEIR INTERNAL POLLS.

>> THAT'S A REALLY INTERESTING POINT ABOUT THE COLLEGE CAMPUSES BECAUSE THERE'S BEEN A PUSH BY DEMOCRATS IN RECENT YEARS TO 6 REGISTER THOSE STUDENTS ON THOSE CAMPUSES TO VOTE AS THEIR ADDRESS RATHER THAN THEIR HOME ADDRESS IF THEY DON'T LIVE IN THAT AREA.

SO IF THEY'RE NOT GOING TO VOTE IN THAT PLACE, THEN I'M WONDERING HOW THAT'S GOING TO AFFECT THINGS IN TERMS OF KIND OF LIKE A MORE MODERATE VERSUS A FAR LEFT CHALLENGE, IF WE HAVE ANY OF THOSE SITUATIONS.

>> THERE'S DEFINITELY SOME OF THOSE SITUATIONS.

LIKE, EVEN ONE OF THE BIG RACES WE HAVE IS NOT ACTUALLY A PRIMARY.

IT'S THIS SPECIAL ELECTION BETWEEN PAT RYAN AND MARC MOLINARO.

>> YEAH, LET'S TALK ABOUT THAT.

>> IT SWOOPS OVER FROM POUGHKEEPSIE AND CAPTURES A BIG CHUNK OF UPSTATE.

CALL IT LIKE A BLOATED U AROUND ALBANY IS KIND OF THE SHAPE.

YEAH, BUT LOOK AT A PLACE LIKE NEW PALTZ.

THERE IS A POLLING SET ON CAMPUS.

I DON'T REMEMBER THE EXACT NUMBERS BUT I THINK IT WAS JOE BIDEN BEAT DONALD TRUMPED BY 500 TO 10 ON THAT POLLING PLACE.

IT'S NOT EXACTLY A REPUBLICAN STRONGHOLD.

>> PRETTY STRONG, YEAH.

>> MOVE-IN WEEK LIKE STARTS ON SUNDAY AND IT GOES UNTIL FRIDAY, I GUESS, DEPENDING ON WHAT YEAR YOU ARE AT SUNY NEW PALTZ.

ARE THEY GOING TO GET ANY OF THOSE VOTES?

LIKE YOU KNOW, 7 EVEN 50 OF THOSE VOTES, AND IT'S A CLOSE RACE, THAT COULD MAKE A DIFFERENCE IN A LOW TURNOUT.

BUT WE DON'T KNOW IF THERE WILL BE EVEN 5 PEOPLE SHOWING UP AT THIS POLLING SITE.

500 ISN'T PROBABLY OUT THERE.

YOU CAN LOOK AT SOME OF THESE COLLEGE TOWNS THROUGHOUT THE STATE IN COMPETITIVE DISTRICTS AND THERE'S A COUPLE COMPETITIVE PRIMARIES GOING ON IN THE ITHACA AREA, FOR EXAMPLE.

>> HMM.

>> THAT'S ALMOST OVERWHELMINGLY COLLEGE STUDENTS OVER THERE AND PROBABLY SOME COLLEGE PROFESSORS WHO MAY BE TAKING THEIR LAST VACATIONS BEFORE GOING BACK TO MANY TODAY US ANDS AND STUFF LIKE THAT.

SO IT'S A BIG QUESTION.

THAT'S JUST ONE FACTOR, BUT THERE'S THE FACTOR OF PEOPLE ON VACATIONS, SNOW BIRDS DOING DIFFERENT THINGS THIS TIME OF YEAR.

LIKE WE JUST DON'T KNOW WHAT TO BASE TURNOUT PREDICATIONS OFF OF.

>> BUT THE POLITICAL ESTABLISHMENT IS CLEARLY WORRIED IN SOME OF THESE RACES.

YOU KNOW, YOU LOOK AT SOME OF THE CAMPAIGN FILINGS IN THE HOME STRETCH, NOT JUST IN CONGRESS BUT IN THE STATE SENATE RACES.

YOU KNOW, YOU HAVE SEVERAL INCUMBENT PROGRESSIVES ACTUALLY BEING TARGETED BY THE ESTABLISHMENT, GUSTAVO RIVERA IN THE BRONX FOR ONE, AND YOU KNOW, YOU HAVE GROUPS, WHETHER IT'S A PACK 8 AFFILIATE WITH ERIC ADAMS OR BUSINESS GROUPS OR OTHER LEADING DEMOCRATS LIKE STATE CHAIR JAY JACOBS JUST DUMPING THOUSANDS OF DOLLARS IN SOME OF THESE RACES, CONRAD TILLARD JUST GOT $75,000.

HE'S A MINISTER CHALLENGING DEMOCRATIC SOCIALIST, JABARI BRISPORT IN BROOKLYN.

HE JUST GOT A $75,000 DONATION FROM ONE OF THESE SOURCES AND NOW IN A RACE WHERE IT'S ONLY $60,000 IN EACH OF THE CAMPAIGN WAR CHESTS, THAT CAN MAKE A REAL DIFFERENCE ESPECIALLY IN TERMS OF GETTING OUT VOTES IN WHAT WILL ALMOST CERTAINLY BE A LOW TURNOUT PRIMARY.

>> IT'S INTERESTING TO WATCH THE MONEY SIDE OF IT.

YOU'RE ABSOLUTELY RIGHT.

ESPECIALLY WITH THIS RACE BEING SO UNIQUE AND SPECIAL AS IT IS.

I GUESS MONEY WILL MAYBE MAKE THE DIFFERENCE IN GETTING OUT THAT VOTE AND MAKING SURE THAT PEOPLE VOTE FOR WHOEVER CANDIDATE THAT THEY ARE, YOU KNOW, GOING TO FAVOR.

BILL, WE HAVE ABOUT 30 SECONDS LEFT-- 45 SECONDS.

TELL ME ABOUT THE RACE BETWEEN LANGWORTHY AND PALLADINO IN WESTERN NEW YORK.

>> WELL, THAT'S CERTAINLY THE TOP REPUBLICAN PRIMARY THIS YEAR IN NEW YORK.

>> YES.

>> STATE GOP NICK LANGWORTHY AND CARL PALADINO, THE BUFFALO DEVELOPER WHO RAN FOR GOVERNOR IN 2010, ARE 9 FACING OFF IN THIS BIG DISTRICT THAT INCLUDES SOME BUFFALO SUBURBS IN A LARGE STRETCH OF THE PENNSYLVANIA BORDER.

THAT'S GOTTEN PRETTY UGLY.

[LAUGHTER] UNSURPRISINGLY FOR THOSE OF YOU WHO FOLLOWS PALLADINO'S CAREER AND PALLADINO'S MOST FAMOUSLY QUITE A FIRE BRAND WHO HAS A HISTORY OF MAKING OVERTLY RACIST STATEMENTS.

HE HAS DIALED IT BACK A BIT THIS YEAR WITH A BIT MORE REPERCUSSION AND HE CAME CLOSE TO MAKING THIS ENTIRE ELECTION WITHOUT SAYING ANYTHING TOO HORRIBLY OFFENSIVE, BUT JUST A COUPLE DAYS AGO HE CALLED FOR ATTORNEY GENERAL MERRICK GARLAND TO BE EXECUTED.

>> YEAH NOT GREAT STUFF.

WE ARE AT TIME.

THAT WILL BE AN INTERESTING RACE TO WATCH TO SEE HOW IT TURNS OUT IN THE PRIMARY.

WE'RE OUT OF TIME.

BILL MAHONEY FROM POLITICO.

ZACH WILLIAMS FROM THE "NEW YORK POST".

THANK YOU BOTH SO MUCH.

>> THANK YOU.

>> ALL RIGHT.

TURNING NOW TO THE STATE'S COURT SYSTEM.

NEW YORK'S CLEVELAND JUDGE JANET DIFIORE WILL STEP DOWN AT THE END OF THE MONTH AFTER MORE THAN SIX YEARS IN THAT JOB.

AND THE CHIEF JUDGE IS A REALLY IMPORTANT ROLE.

FOR ONE, THEY LEAD THE STATE'S COURT SYSTEM.

SO EVERY BIG DECISION ON HOW THE STATE'S COURTS ARE RUN GOES THROUGH THEM.

BUT FOR TWO, THE CHIEF JUDGE IS ALSO 10 THE HEAD OF THE STATE'S HIGHEST COURT, THE COURT OF APPEALS.

SO IT'S A LOT OF POWER, AND NOW GOVERNOR KATHY HOCHUL WILL GET THE CHANCE TO PICK A NEW ONE.

IT'S A REALLY BIG DECISION WITH A LOT OF IMPLICATIONS.

FOR MORE ON THAT, I SPOKE THIS WEEK WITH STATE COURTS EXPERT, VIN BONVENTRE FROM ALBANY LAW SCHOOL.

[ THEME MUSIC ] VIN, THANK YOU FOR BEING HERE.

ALWAYS HAPPY TO HAVE YOU.

>> OH, IT'S ALWAYS GREAT TO BE WITH YOU, DAN.

>> THANK YOU.

SO WE'RE TALKING ABOUT THE COURT OF APPEALS ONCE AGAIN.

THIS TIME, THE CHIEF JUDGE, JANET DIFIORE IS STEPPING DOWN AT THE END OF AUGUST, LEAVING A VACANCY FOR HER POSITION THAT GOVERNOR KATHY HOCHUL WILL THEN NOMINATE TO THE STATE SENATE TO CONFIRM.

IT'S NOT A COMPLICATED PROCESS BUT IT'S A LITTLE DIFFICULT TO SAY.

I WANT TO START WITH DIFIORE WITH YOU, VIN.

SHE HAS BEEN CHIEF JUDGE FOR JUST A FEW YEARS NOW.

SHE HASN'T HAD A REMARKABLY LONG TENURE.

WHAT DO YOU SEE AS HER LEGACY?

WHAT IS SHE LEAVING TO PEOPLE AS THE LEADER OF THE STATE'S COURT SYSTEM?

>> ON THE ONE HAND, AS THE CHIEF EXECUTIVE OF THE JUDICIARY-- YOU KNOW, WE HAVE A GINORMOUS JUDICIARY IN NEW YORK.

SHE'S BEEN EXTRAORDINARILY ACTIVE.

I THINK THAT SHE'S ADMIRED BY 11 THE MEMBERS OF HER COURT AND OTHERS FOR HER EXCELLENCE INITIATIVE.

SHE'S BEEN VERY, VERY GOOD.

TIRELESSLY WORKING ON THAT.

WITH REGARD INTERNALLY AT THE COURT, I THINK THAT-- WELL, I KNOW THAT MANY LAWYERS AND JUDGES, FORMER JUDGES, CURRENT JUDGES, ARE VERY, VERY DISAPPOINTED WITH WHAT'S BEEN GOING ON AT THE COURT, ITSELF.

WHETHER IT'S THE DRASTICALLY REDUCED CASELOAD, WHETHER IT IS THE CHANGE IN DIRECTION SO THAT THE COURT IS MUCH MORE CONSERVATIVE THAN TRADITIONAL, AND AGAIN, DAN, YOU KNOW, WE'RE NOT TALKING ABOUT THE UNITED STATES SUPREME COURT.

>> RIGHT.

>> WE'RE NOT TALKING ABOUT THAT.

BUT I MEAN, IN TERMS OF THE COURT BEING MUCH MORE PRO-PROSECUTION AS OPPOSED TO RIGHTS OF THE ACCUSED, MUCH LESS SYMPATHETIC TO WORKERS AS OPPOSED TO MANAGEMENT, MUCH LESS SYMPATHETIC TO PEOPLE WHO HAVE BEEN INJURED INNOCENTLY AS OPPOSED TO MAKING SURE THE INSURANCE COMPANIES DON'T HAVE TO PAY OUT, THIS COURT IS NOT WHAT THE COURT OF APPEALS HAS TRADITIONALLY BEEN.

>> NOW, I WANT TO GO TO THE COURT OF APPEALS IN A SECOND, BUT YOU MENTIONED SOMETHING REALLY IMPORTANT CALLED THE EXCELLENCE INITIATIVE THAT THE CHIEF JUDGE TOOK ON AT THE START OF HER JUDGESHIP.

SO THIS 12 WAS AN INITIATIVE THAT SHE WANTED TO BRING TO GET RID OF BACKLOG IN THE COURT SYSTEM.

>> YES.

>> WE HAVE AN EXTREMELY LITIGIOUS COURT SYSTEM IN AN EXTREMELY LITIGIOUS STATE.

DO WE KNOW WHAT KIND OF PROGRESS SHE MADE THERE?

WAS SHE ABLE TO REACH THE GOALS SHE WANTED TO?

I DON'T KNOW THE NUMBERS.

I HAVEN'T LOOKED AT THE LATEST REPORT, BUT YOU MAY HAVE AN IDEA.

>> AND I DON'T KNOW THE PRECISE NUMBERS BUT I DO KNOW AT LEAST FROM THE STATE OF THE JUDICIARY WHERE THE NUMBERS ARE GIVEN, THE BACKLOG HAS BEEN REDUCED SIGNIFICANTLY.

>> OH, GREAT.

>> ANOTHER THING THAT'S REALLY IMPORTANT IS SHE REALLY PUSHED FOR CIVILITY IN THE COURT.

YOU CAN IMAGINE, ESPECIALLY IN THESE LOWER COURTS IN NEW YORK CITY WHERE IT'S LIKE JUST HUNDREDS-- IT'S LIKE THE HORDES OF LITIGANTS COMING IN.

[LAUGHTER] IT WOULD TRY ANY JUDGE'S PATIENCE, AND SO OF COURSE, IT WASN'T EXACTLY THE MOST CIVIL AND RESPECTABLE OF PLACES FOR A LITIGANT TO BE, AND SHE HAS REALLY PUSHED FOR THAT TO CHANGE.

AND EVERYBODY I SPEAK TO, WHETHER THEY AGREE WITH THE WAY SHE VOTES OR NOT HAS BEEN SAYING SHE'S ABSOLUTELY 13 BEEN TIRELESS WITH REGARD TO WORKING ON THAT.

>> SO WITH THE COURT OF APPEALS, YOU MENTIONED A LOWER CASELOAD, OBVIOUSLY COMPARED TO PREVIOUS CHIEF JUDGES, CAN WE TALK ABOUT THE ROLE OF THE CHIEF JUDGE JUST A LITTLE BIT?

SO IN THE U.S. SUPREME COURT, IT'S A LITTLE BIT DIFFERENT, I THINK IN TERMS OF PROCEDURE, BUT IN NEW YORK, HOW MUCH CAN THE CHIEF JUDGE-- WHAT KIND OF IMPACT CAN THEY HAVE ON THESE POLICIES OF THE COURT OF APPEALS AND THE STATE COURT SYSTEM?

LET'S START WITH THE COURT OF APPEALS FIRST.

CAN A NEW CHIEF JUDGE REALLY TURN AROUND AND GET THAT CASELOAD BACK UP TO WHERE IT WAS MAYBE IN PREVIOUS JUDGESHIPS?

>> WELL, THE CHIEF JUDGE IS THE PUBLIC FACE OF THE COURT, AS WELL AS OF THE COURT SYSTEM.

THERE'S SOMETHING MYSTICAL AND MAGICAL ABOUT BEING IN THAT CENTER SEAT.

NOW REMEMBER, LAWYERS ESPECIALLY JUDGES, ARE VERY ESTABLISHMENTARIAN.

WE CAN CALL THEM LIBERALS OR CONSERVATIVES.

BUT THEY'RE ESTABLISHMENTARIAN.

THEY BELIEVE IN RULES AND THEY BELIEVE IN HIERARCHY.

THEY SET THE TONE FOR THE COURT.

THEY SET THE TENOR FOR THE COURT AND SO, FOR EXAMPLE, IT'S NOT SURPRISING THAT WITH REGARD TO CHIEF JUDGE DIFIORE, THE CASELOAD HAS BEEN REDUCED DRAMATICALLY.

IT'S NOT AN ACCIDENT.

IT'S 14 NOT AN ACCIDENT.

I KNOW THAT SHE FEELS, SO DO OTHER MEMBERS OF HER COURT-- NOT ALL OF THEM-- THAT THE COURT WOULD BE BETTER OFF DECIDING FEWER CASES, PERHAPS SPENDING MORE TIME ON EACH ONE OF THESE APPEALS.

JONATHAN LIPMAN, FOR EXAMPLE, ON THE OTHER HAND, HER PREDECESSOR, BELIEVED THAT, NO, A SENSE OF JUSTICE MEANS GIVE LAWYERS AND LITIGANTS IN THE STATE A GREATER OPPORTUNITY TO GET TO OUR HIGHER COURT.

SO WHEN WE TALK ABOUT THE COURT OF APPEALS, NOWADAYS DECIDING 80 OR 90 TOTAL APPEALS A YEAR, THAT IS AN ASTOUNDING DROP FROM WHAT TRADITIONALLY THE COURT HAS BEEN DOING.

>> IT'S A HUGE CHANGE AND TO PEOPLE, LITIGANTS AND ATTORNEYS AND JUST THE PUBLIC WATCHING, I MEAN, THE BIG QUESTION IS WHO IS GOING TO BE THIS PERSON WHO REPLACES JANET DIFIORE?

WE'RE KIND OF EARLY IN THE PROCESS, NOT TOO LATE OBVIOUSLY, BUT DO WE HAVE ANY SENSE OF WHO THAT PERSON COULD BE?

THERE'S NO SHORT LIST JUST YET BY THE TIME THAT WE'RE TAPING HERE.

BUT DO WE KNOW WHAT GOVERNOR KATHY HOCHUL MAY BE LOOKING FOR IN A NEW CHIEF JUDGE?

>> SURE.

WELL, IF I LOOK INTO MY CRYSTAL BALL, WHICH IS USUALLY WRONG-- [LAUGHTER] BUT YOU KNOW, I WOULD SAY, LOOK, GOVERNOR HOCHUL HAS ALREADY APPOINTED SHIRLEY TROUTMAN ONTO THE COURT.

I 15 THINK THE GOVERNOR-- WELL, I KNOW THE GOVERNOR CAN MAKE HISTORY IF SHE APPOINTS TROUTMAN TO BE CHIEF JUDGE.

NOT ONLY THAT, WILL SHE MAKE HISTORY BY APPOINTING THE FIRST AFRICAN-AMERICAN TO BE CHIEF, THE FIRST BLACK WOMAN TO BE CHIEF, BUT THAT WOULD ALSO GIVE HOCHUL A VACANCY ON THE COURT TO FILL.

SHE COULD CHANGE THE DIRECTION OF THIS COURT.

SHE COULD REALLY CHANGE THE WHOLE CHARACTER OF THIS COURT WITH THOSE TWO APPOINTMENTS.

TROUTMAN'S NOT THE ONLY ONE.

THERE'S ANOTHER ONE ON THE COURT, ROWAN WILSON ABSOLUTELY BRILLIANT, ANOTHER AFRICAN-AMERICAN APPOINTED BY ANDREW CUOMO.

I THINK HE'S A REAL POSSIBILITY.

THERE ARE A COUPLE OF PRESIDING JUSTICES.

I WOULD SAY THE ONE DOWN IN BROOKLYN, HECTOR LaSALLE, THE ONE UP HERE AT ALBANY, ELIZABETH GARY, THEY ARE TERRIFIC AND THEY'RE VERY WELL RESPECTED.

SO LOOK, GOVERNOR HOCHUL IS GOING TO HAVE A CHOICE OF FANTASTIC JUDGES WHO COULD BE REALLY STRONG CHIEF JUDGES.

>> IT'S GOING TO BE REALLY INTERESTING.

I MEAN, AS WE'RE TALKING THIS IS THE PERSON THAT COULD CHANGE THE DIRECTION OF THE ENTIRE STATE COURT SYSTEM.

SOMETHING THAT TOUCHES EVERYBODY'S LIVES EVEN WHEN THEY DON'T KNOW IT.

SO WE'LL GIVE IT A FEW WEEKS AND SEE WHERE WE ARE.

VIN BONVENTRE FROM ALBANY LAW SCHOOL, THANK YOU, AS 16 ALWAYS, FOR YOUR INSIGHT.

>> HEY, THANKS FOR INVITING ME, DAN.

GOOD TO SEE YOU.

[ THEME MUSIC ] >> AND GOVERNOR HOCHUL IS EXPECTED TO MAKE HER NOMINATION FOR CHIEF JUDGE BY THE END OF THE YEAR.

BUT TURNING NOW TO ON THE BILL, WHERE WE TELL YOU ABOUT A BILL OUT-OF-OUT OF ALBANY THAT YOU MIGHT NOT HEAR ABOUT OTHERWISE.

WEEK, WE'RE TALKING ABOUT S-421.

IT'S A BILL THAT WOULD GRANT PEACE OFFICER STATUS THE SECURITY OFFICERS AT CHAUTAUQUA INSTITUTION AND THAT'S WHERE WRITER SALMAN RUSHDIE WAS ATTACKED LATE LAST WEEK.

PEACE OFFICERS HAVE A LOT OF THE SAME POWERS AS POLICE, LIKE THE POWER TO ARREST AND CARRY A GUN AND THE BILL ISN'T NEW.

IT ACTUALLY PASSED IN 2014 WITH BIPARTISAN SUPPORT, BUT IT WAS VETOED BY FORMER GOVERNOR CUOMO, WHO WANTED A BROADER PEACE OFFICER SYSTEM IN NEW YORK, BUT THAT DIDN'T HAPPEN.

AND THE BILL DIDN'T PASS AGAIN.

SO NOW SUPPORTERS SAY IT SHOULD MOVE AHEAD.

CITING THE ATTACK ON RUSHDIE.

THE BILL IS SPONSORED BY SENATOR GEORGE BORRELLO, A REPUBLICAN FROM CHAUTAUQUA COUNTY.

>> THAT'S WHY THIS IS GREATLY IMPORTANT, TO ENSURE THAT PEOPLE, WHETHER THEY ARE VISITING, WHETHER THEY ARE PARTICIPATING IN THE EVENTS, WHETHER THEY LIVE 17 THERE, CAN BE ASSURED THAT THEIR SAFETY IS BEING, YOU KNOW, TAKEN CARE OF AS BEST AND EFFICIENTLY AS POSSIBLE.

>> SO WE'LL SEE WHERE THAT BILL WINDS UP IN NEXT YEAR'S LEGISLATIVE SESSION, BUT STAYING NOW WITH THE STATE CAPITOL, THE SESSION MIGHT BE FOUR MONTHS AWAY BUT NEW LEGISLATION IS ALREADY BEING INTRODUCED.

ONE NEW BILL WOULD EXPAND ACCESS TO HEALTH COVERAGE IN NEW YORK BY CREATING A NEW BUY-IN OPTION FOR THE STATE'S ESSENTIAL PLAN.

THAT'S THE LEAST EXPENSIVE PLAN OFFERED ON THE STATE'S MARKETPLACE AND IT OFFERS EVERYTHING YOU WOULD EXPECT FROM YOUR HEALTH INSURANCE.

LIKE DOCTOR'S VISITS TO EMERGENCY CARE.

AND IT'S PRETTY POPULAR.

ALMOST A MILLION NEW YORKERS ARE ON THE ESSENTIAL PLAN RIGHT NOW ACCORDING TO THE STATE BUT ALMOST JUST AS MANY NEW YORKERS THAT WE KNOW ABOUT DO NOT HAVE HEALTH INSURANCE.

AT THE SAME TIME, INSURANCE PREMIUMS IN NEW YORK ARE HIGHER THAN MOST OTHER STATES, SO EVEN PEOPLE WHO HAVE INSURANCE MIGHT STRUGGLE TO AFFORD IT.

THAT'S WHERE THE NEW BILL COMES IN.

FOR MORE ON THAT, I SPOKE WITH THE BILL'S SPONSOR, STATE SENATOR JEREMY COONEY, A DEMOCRAT FROM ROCHESTER.

[ THEME MUSIC ] >> SENATOR COONEY, THANK YOU SO MUCH FOR COMING BACK.

I APPRECIATE IT.

18 >> GLAD TO BE HERE.

>> THANK YOU.

SO YOU HAVE WRITTEN THIS BILL.

IT'S BASICALLY AN EFFORT TO EXPAND COVERAGE UNDER HEALTH INSURANCE UNDER THE STATE'S BASIC HEALTH PROGRAM, WHICH IS ALSO CALLED THE ESSENTIAL PLAN, FOR THOSE THAT ARE CONFUSED ABOUT WHY THOSE TWO THINGS MAY BE CALLED DIFFERENT THINGS.

YOU DESCRIBE IT AS SOMETHING THAT PEOPLE COULD BUY INTO.

CAN YOU TELL ME HOW THAT WOULD WORK UNDER THE LEGISLATION YOU'RE PROPOSING?

>> ABSOLUTELY.

LIKE SOME OTHER PIECE OF LEGISLATION, YOU'RE TALKING ABOUT REDESIGNING THE ENTIRE HEALTH CARE SYSTEM.

THAT'S NOT WHAT MY LEGISLATION FOCUSES ON.

>> RIGHT.

>> MY LEGISLATION FOCUSES ON HEALTH INSURANCE AND BEING ABLE TO BUY A DIFFERENT TYPE OF INSURANCE, EVEN IF YOU'RE ALREADY IN THE PRIVATE MARKET.

SO WE KNOW FROM FEEDBACK FROM NEW YORKERS, THAT THERE ARE A LOT OF POSITIVE COMMENTS WITH NEW YORKERS WHO HAVE ACCESS TO MEDICARE, MEDICAID, OR CHILD HEALTH PLUS.

IF YOU DO NOT HAVE ELIGIBILITY FOR ONE OF THOSE PROGRAMS, YOU HAVE THE ABILITY TO BE PART OF THE NEW YORK ESSENTIAL PLAN IF YOUR HOUSEHOLD INCOME IS BELOW 200% OF THE FEDERAL POVERTY LEVEL.

WHAT OUR 19 LEGISLATION DOES IS JUST OPENS THAT UP TO MORE NEW YORKERS.

OFTENTIMES WHEN WE TALK ABOUT HEALTH INSURANCE, WE'RE TALKING ABOUT PREMIUMS AND COPAYS.

BUT WHAT WE OFTEN FORGET ABOUT ARE THOSE PESKY DEDUCTIBLES.

SO A LOT OF NEW YORKERS HAVE HEALTH INSURANCE.

THEY HAVE COVERAGE.

BUT THEY CAN'T AFFORD TO USE IT BECAUSE THEIR DEDUCTIBLE IS SO DARN HIGH AND SO WE'RE ABLE TO GET RID OF THE DEDUCTIBLE, WE HOPEFULLY WILL SEE MORE NEW YORKERS TAKE PART IN PREVENTATIVE HEALTH CARE, MEANING THEY GET TO GO SEE THEIR DOCTORS.

THEY GET TESTS DONE IN A MORE TIMELY BASIS.

THEY CAN AFFORD THEIR PRESCRIPTION DRUGS, ALL THE THINGS THAT WE WANT FROM A HEALTHY STATE.

THAT'S WHAT THE ESSENTIAL PLAN OFFERS AND OUR LEGISLATION JUST OPENS THE DOOR TO ALLOW MORE NEW YORKERS TO BUY INTO THAT IF THAT'S THEIR CHOICE.

>> NOW, IS THIS DESIGNED MORE FOR PEOPLE WHO LITERALLY CAN'T AFFORD HEALTH INSURANCE RIGHT NOW AND ARE UNINSURED OR ARE THOSE DESIGNED FOR PEOPLE WHO HAVE HEALTH INSURANCE NOW AND WANT A MORE AFFORDABLE OPTION, OR IS IT BOTH?

>> A LITTLE BIT OF BOTH, BUT I WOULD SAY IT'S FOR THOSE WHO ARE CURRENTLY UNSATISFIED WITH THEIR HEALTH INSURANCE PRODUCT.

FOR THOSE NEW YORKERS WHO 20 ARE PAYING THOUSANDS OF DOLLARS JUST TO HAVE A HEALTH CARE PLAN BUT AREN'T ABLE TO ACCESS THE BENEFITS, THIS MIGHT BE AN ALTERNATIVE FOR THEM.

YOU KNOW, WE TALK ABOUT HEALTH CARE FOR ALL AND HEALTH CARE AS A HUMAN RIGHT, WE HEAR THOSE EXPRESSIONS A LOT IN THE LEGISLATURE.

THIS ALLOWS PEOPLE, NEW YORKERS, TO UTILIZE THEIR HEALTH CARE BENEFITS AND ULTIMATELY THAT WILL LEAD TO A HEALTHIER STATE.

>> IS THERE ANY SENSE OF AVERAGE SAVINGS BY SOMEBODY WHO MIGHT SIGN UP FOR THIS INSTEAD OF ANOTHER PLAN ON THE MARKETPLACE OR MAYBE EVEN A PLAN THAT THEIR EMPLOYER OFFERS?

IS THERE ANY SENSE OF THE COST PART OF THIS IN TERMS OF THE INDIVIDUAL?

>> IT'S A LITTLE BIT TRICKY BECAUSE IT'S DONE BY HOUSEHOLD INCOME.

>> RIGHT.

>> SO IT REALLY DEPENDS ON YOUR UNIQUE SET OF CIRCUMSTANCES, BUT I CAN TELL YOU THAT THE AVERAGE NEW YORKER SPENDS OVER $5,000 PER YEAR IN DEDUCTIBLES, COPAYS, PREMIUMS BEFORE THEY REALLY SEE THAT HEALTH CARE BENEFIT.

SO AGAIN, WE'RE MOVING THE CONVERSATION FROM JUST TALKING ABOUT HEALTH CARE COVERAGE TO TALKING ABOUT ACCESSING THE BENEFITS OF THE HEALTH CARE PLAN, AND I THINK IT'S LESS RISKY OR LESS, I GUESS, SCARY THAN 21 BLOWING UP THE WHOLE HEALTH CARE SYSTEM AND GOING TO A NEW MODEL.

NOW, LISTEN, I WANT TO BE VERY CLEAR.

I STILL SUPPORT THE CAMPAIGN FOR NEW YORK HEALTH AND THE NEW YORK HEALTH ACT.

I'M A COSPONSOR OF THE LEGISLATION, BUT I'VE BEEN FRUSTRATED AS A LEGISLATOR, ESPECIALLY A NEW LEGISLATOR, COMING TO ALBANY AND HAVING THE SAME CONVERSATION AND NEVER REALLY SEEING A CHANGE IN OUR HEALTH INSURANCE MARKETPLACE.

SO FOR THE NEW YORKERS WHO ARE STRUGGLING WITH HIGH HEALTH CARE BILLS, WE NEED TO MOVE THE DIAL IN THE RIGHT DIRECTION.

WE NEED TO LOWER COSTS AND ALLOW THEM TO USE THEIR ACCESS.

MY LEGISLATION DOESN'T FUNDAMENTALLY CHANGE YOUR HEALTH CARE SYSTEM, BUT IT PROVIDES ANOTHER OPTION FOR FAMILIES TO CHOOSE FROM IF IT HELPS LOWER THEIR COSTS.

>> NOW WHAT ABOUT THE COST TO THE STATE FOR THIS?

THE ESSENTIAL PLAN IS PARTLY SUBSIDIZED BY THE STATE.

THAT'S WHY THE COST OF IT IS SO LOW FOR PEOPLE AND SO AFFORDABLE.

HOW DO YOU DEAL WITH THE COST OF LEGISLATION LIKE THIS?

AND DO YOU HAVE AN ESTIMATED COST THAT THE STATE MIGHT COVER?

>> WELL, TWO THINGS.

ONE, IT STILL IS A COST THAT'S BORNE BY THE CONSUMER, THEMSELVES.

SO THE NEW YORKER WHO CHOOSES TO BUY IN TO THE NEW YORK ESSENTIAL PLAN, BASED ON THE HOUSEHOLD INCOME, WOULD HAVE A PREMIUM 22 THAT THEY WOULD HAVE TO PAY AND BE RESPONSIBLE FOR.

JUST LIKE IF YOU WERE STAYING IN THE PRIVATE INSURANCE MARKET.

THERE WOULD ALSO BE COSTS THAT WILL BE BORNE BY THE LOCAL HEALTH AGENCIES OR HOSPITAL SYSTEM, DEPENDING ON WHERE YOU ARE IN NEW YORK, AND WE RECOGNIZE THAT IS GOING TO BE AN INCREASED COST AT THE LOCAL LEVEL.

THAT SAID, WE HAVE LEARNED OUR LESSON FROM THE PANDEMIC.

KNOWING THAT A LOT OF OUR HOSPITALS REALLY STRUGGLED COMING OUT OF THE PANDEMIC TO MAKE SURE THAT THEY HAVE A BALANCED BUDGET.

ESPECIALLY OUR SAFETY NET HOSPITALS WHICH FOCUS IN ON VULNERABLE COMMUNITIES, BLACK AND BROWN COMMUNITIES, ENGLISH AS SECOND LANGUAGE, LOW INCOME COMMUNITIES.

SO WE WANT TO MAKE SURE AND WE WROTE THIS INTO THE LEGISLATION, THAT THEY ARE NOT PUNISHED BECAUSE THEY'RE SERVING MORE PEOPLE WHO MAY BE ON THE NEW YORK ESSENTIAL PLAN.

SO WE'VE ALREADY KIND OF WORKED THAT OUT IN THE LEGISLATION FOR OUR SAFETY NET HOSPITALS SPECIFICALLY, BUT YES.

THIS DOES MEAN THAT SOME HOSPITAL CEOs WILL MAKE A LITTLE LESS MONEY.

THIS DOES MEAN THAT IT WILL COST A LITTLE BIT MORE AT THE LOCAL LEVEL, BUT I LIKE TO FOCUS ON THE BIGGER PICTURE, WHICH IS THAT WE ARE PREVENTING SOME OF THE CATASTROPHIC COSTS THAT ARE VERY HIGH FOR OUR LOCAL HOSPITAL SYSTEMS BY PREVENTING NEW YORKERS FROM ENDING UP IN THE EMERGENCY DEPARTMENT.

23 LET'S PREVENT THEM FROM GETTING THERE BY MAKING SURE WE'RE ADDRESSING THINGS LIKE HIGH BLOOD PRESSURE AND DIABETES EARLY ON THROUGH MEDICINE AND CARE.

>> I WAS JUST GOING TO MENTION THAT THE COST SAVINGS COULD COME FROM THAT PREVENTATIVE CARE.

IT'S OFTEN NEW YORK RECEIVES SO MUCH HIGH MEDICAL COSTS BECAUSE OF THE BURDENS THAT ARE PLACED ON HOSPITALS BECAUSE OF PEOPLE WHO DON'T HAPPEN TO HAVE INSURANCE.

IT'S A REALLY INTERESTING BILL, REALLY INTERESTING CONCEPT.

WE WILL SEE WHERE IT GOES IN THIS NEXT LEGISLATIVE SESSION.

SENATOR JEREMY COONEY, THANK YOU SO MUCH.

>> THANK YOU FOR HAVING ME.

[ THEME MUSIC ] >> AND THAT'S JUST ONE BILL THAT COULD BE ON THE TABLE WHEN LAWMAKERS RETURN TO ALBANY IN JANUARY.

BUT WE'RE OUT OF TIME FOR THE WEEK.

THANKS FOR WATCHING THIS WEEK'S "NEW YORK NOW."

HAVE A GREAT WEEK AND BE WELL.

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