In the November 26, 2008 issue of the New York Register, the Department of Labor announced that it would hold public hearings to receive testimony regarding proposed regulations relating to preventing workplace violence against public employees at the following place and time:

January 20, 2009:

10:00 a.m. - 2:00 p.m.

State office Campus

Building 12

Training Rooms D and E - 1st Floor

Albany, New York

Please note that due to public requests, an additional hearing date has been added. The date, time, and place are as follows:

February 3, 2009:

10:00 a.m. - 2:00 p.m.

State Office Campus

Building 12

Training Rooms D and E - 1st Floor

Persons wishing to speak at either hearing must notify the Department by January 16, 2009. Speakers must also prepare their testimony in writing and bring 1 copy to the hearing. In addition, it is requested that speakers submit one electronic version of their comments either by e-mail (e-mail address listed below) or CD-ROM. Verbal statements are limited to 10 minutes each. Written testimony will be accepted until February 9, 2009.

The hearing facilities meet the accessibility needs of individuals with disabilities. Attendees in need of reasonable accommodations should inform the Department at least two weeks prior to the hearing date. Call (518) 457-1519 for assistance or information.

For further information and to request an opportunity to speak at the hearing, contact: David Ruppert, Assistant Director, Division of Safety and Health, State Office Campus, Bldg. 12, Rm. 522, Albany, NY 12240, (518) 457-2574, (518) 457-1519 (fax), [email protected]

PURSUANT to the Open Meetings Law, the New York State Civil Service Commission hereby gives public notice of the following:

Please take notice that the regular monthly meeting of the State Civil Service Commission for January 2009 will be conducted on January 13 commencing at 9:30 a.m. and January 14 at 9:30 a.m. This meeting will be conducted at New York Network, Suite 146, South Concourse, Empire State Plaza, Albany, NY. Directions and parking information available at (www.nyn.suny.edu).

For further information, contact: Office of Commission Operations, Department of Civil Service, Alfred E. Smith State Office Building, Albany, NY 12239, (518) 473-6598

Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following:

The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for inpatient hospital, long term care and non-institutional services to comply with proposed State legislation now under consideration. The following significant changes are proposed:

Inpatient Hospital Services

• Effective for services rendered on January 1, 2009 and thereafter, rates of payment for general hospitals shall reflect a zero trend factor projection attributed to calendar year 2008. In addition, no adjustment to the 2008 trend factor for the period April 1, 2008 through December 31, 2008 shall be made on a prospective basis to reflect the reconciliation of such trend factor to the final Consumer Price Index for Urban Consumers for 2008. Furthermore, for services on and after January 1, 2009, the trend factor applicable for the 2009 calendar year will be reduced to zero.

• Effective for discharges and days occurring on and after January 1, 2009 through March 31, 2009, the operating component of per diem and per discharge rates of payment will be adjusted to reflect a uniform percentage reduction of 8%. Effective for discharges and days occurring on and after April 1, 2009 through March 31, 2010, the operating component of per diem and per discharge rates of payment will be adjusted to reflect a uniform percentage reduction of 2%. These uniform percentage reductions will be applied after applicable adjustments to the trend factors affecting such rates.

• For the periods January 1, 2009 through December 31, 2010, the 10% of the aggregate annual distributions to general hospitals for indigent care and high need indigent care that was to be distributed by multiplying reported inpatient and outpatient uninsured units of service from the calendar year two years prior to the distribution year by the Medicaid rate applicable for this two year prior period will now be determined as follows:

-For inpatient services, multiply the inpatient units of service for all uninsured patients from the calendar year two years prior to distribution year, excluding referred ambulatory, by the applicable Medicaid inpatient rates in effect for such prior year, excluding prospective rate adjustments and add-ons, provided that on and after January 1, 2010, the uncompensated care need amount for inpatient services will utilize the inpatient rates in effect as of July 1st of the prior year.

-For outpatient services, multiply the outpatient unit of service for all uninsured patients from the calendar year two years prior to the distribution year, including emergency department and ambulatory surgery, but excluding referred ambulatory, by Medicaid outpatient rates based on the ambulatory patient groups (APG) methodology in effect for the distribution year and for those services for which APG rates are not available, the applicable Medicaid outpatient rate will be the rate in effect for the calendar year two years prior to the distribution year.

• Effective for periods on and after January 1, 2009, the $27M available in the existing Supplemental Indigent Care Hospital Pool will be increased by an additional $283M and will distributed on an annual basis for teaching hospitals using the same methodology applicable to the 10% aggregate distribution pool referenced above.

• For periods on and after January 1, 2009, uncompensated care need for each facility will be reduced by the sum of all payment amounts collected from such patients, further adjusted by application of a nominal need scale.

Long Term Care Services

• Effective for services rendered on January 1, 2009 and thereafter, rates of payment for nursing home inpatient services except for nursing home services provided to children, shall reflect a zero trend factor projection attributed to calendar year 2008. In addition, no adjustment to the 2008 trend factor for the period April 1, 2008 through December 31, 2008 shall be made on a prospective basis to reflect the reconciliation of such trend factor to the final Consumer Price Index for Urban Consumers for 2008. Furthermore, for services on and after January 1, 2009 except for services provided to children, the trend factor applicable for the 2009 calendar year will be reduced to zero.

• Effective for services rendered on January 1, 2009 through March 31, 2009, the operating cost component of nursing home rates shall be the operating cost component effective as of December 31, 2006 adjusted for the applicable inflation adjustments.

• Effective for services rendered on April 1, 2009 and thereafter, the operating cost component of nursing home rates shall be based on the operating costs for each facility as reported in the 2002 annual cost report and in accordance with the rebasing provisions previously noticed on April 5, 2006 and September 27, 2006.

• Effective for services rendered on and after January 1, 2009 through March 31, 2009, the operating cost component of nursing home rates of payment will be adjusted to reflect a uniform percentage reduction of 8%. Effective for services rendered on and after April 1, 2009 through March 31, 2010, the operating cost component of such rates of payment will be adjusted to reflect a uniform percentage reduction of 2%. These uniform percentage reductions will be applied after applicable adjustments to the trend factors affecting such rates.

• The current authority to adjust Medicaid rates of payment for non-public residential health care facilities (RHCFs) to include an adjustment for recruitment and retention of non-supervisory health care workers or any worker with direct patient care responsibility has been extended through March 31, 2010, and each state fiscal year thereafter. Aggregate payments for the period January 1, 2009 through March 31, 2009, have been reduced to $51.7 million; and for the period April 1, 2009 through March 31, 2010, and each state fiscal year thereafter, have been reduced to $13.1 million.

Non-Institutional Services

• Effective for services rendered on January 1, 2009 and thereafter, rates of payment for hospital outpatient services, home health services including services provided to home care patients diagnosed with AIDS, personal care services, adult day health care services, and assisted living services, rates shall reflect a zero trend factor projection attributed to calendar year 2008. In addition, no adjustment to the 2008 trend factor for the period April 1, 2008 through December 31, 2008 shall be made on a prospective basis to reflect the reconciliation of such trend factor to the final Consumer Price Index for Urban Consumers for 2008. Furthermore, for such services provided on and after January 1, 2009, the trend factor applicable for the 2009 calendar year will be reduced to zero. These trend factor reductions also apply to rates of payment for personal care services provided in social services districts, including New York City, whose rates of payments for such services are issued by such social services districts pursuant to a rate-setting exemption issued by the Commissioner of Health.

• Effective for services rendered on and after January 1, 2009, rates of payment for home health services including AIDS home care services, and personal care services, including those personal care services provided in social services districts, including New York City, whose rates of payments for such services are issued by such social services districts pursuant to a rate-setting exemption issued by the Commissioner of Health shall be adjusted to reflect a uniform percentage reduction of 1%. These uniform percentage reductions will be applied after applicable adjustments to the trend factors affecting such rates.

• Effective for services rendered by Certified Home Health Care Agencies on and after January 1, 2009, the reimbursable base year administrative and general costs for those agencies with annual expenses in excess of $20 million, as determined using the reported base year cost data used to establish the statewide average administrative and general cost ceiling for the applicable rate year, shall not exceed the lower of such statewide average or twenty percent of such agency’s total reimbursable base year costs.

• Effective for services rendered by Certified Home Health Care Agencies on and after January 1, 2009, no amount shall be included in the rate for any community-based agency or program that is in excess of 100% of the weighted average cost of all community-based agencies or programs in each such agency’s or program’s group. In the case of hospital-based agencies or programs, no amount shall be included that is in excess of 100% of the weighted average cost of community-based agencies or programs in the area in which such hospital-based agencies or programs are located.

• Additional payments of $4,912,000 for the period December 1, 2008 through December 31, 2008, will be made to qualifying diagnostic and treatment centers to reflect additional costs associated with the operation of electronic health records systems that meet such standards as established by the Commissioner of Health. Such additional payments shall not be subject to subsequent adjustment or reconciliation and can be made as aggregate payments to eligible providers.

• The previously enacted statutory provisions providing for additional payments of up to $16 million in the aggregate to enhance the provision, accessibility, quality, and/or efficiency of home care services by home care providers located in social services districts that do not include a city with a population of over one million persons, effective for the period January 1, 2009 through March 31, 2009, will be reduced by 50% ($8,000,000) and will be paid as additional payments for services rendered for the period January 1, 2009 through March 31, 2009.

Prescription Drugs

• Effective March 1, 2009, for sole or multi-source brand name drugs, the Estimated Acquisition Cost (EAC) is defined as Average Wholesale Price (AWP) minus 17.25%. For multi-source generic drugs, the EAC remains as currently defined without change. For approved HIV pharmacies, the EAC remains as currently defined without change.

The estimated annual net aggregate decrease in gross Medicaid expenditures attributable to these proposed initiatives for state fiscal year 2009/2010 is $1.2 billion.

Copies of the proposed state plan amendments will be on file in each local (county) social services district and available for public review.

For the New York City district, copies will be available at the following places:

New York County

250 Church Street

New York, New York 10018

Queens County, Queens Center

3220 Northern Boulevard

Long Island City, New York 11101

Kings County, Fulton Center

114 Willoughby Street

Brooklyn, New York 11201

Bronx County, Tremont Center

1916 Monterey Avenue

Bronx, New York 10457

Richmond County, Richmond Center

95 Central Avenue, St. George

Staten Island, New York 10301

The public is invited to review and comment on this proposed state plan amendment.

For further information and to review and comment, please contact: Philip N. Mossman, Department of Health, Bureau of HCRA Operations & Financial Analysis, Corning Tower Building, Rm. 984, Empire State Plaza, Albany, NY 12237, (518) 474-1673, (518) 473-8825 (FAX), [email protected]

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicants have certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant’s consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue in Albany, New York.

In F-2008-0885, Highland Estates, LLC, Thornwood, NY, has applied to the U.S. Army Corps of Engineers, New York District, for a permit to fill federal wetlands at the intersection of Mack Lane and US Rt. 9W, in the Town of Lloyd, Ulster County in conjunction with a commercial development to include restaurant and retail space.

Specifically, the proposal includes filling 0.27 acres of wetlands under federal jurisdiction and mitigating this with the establishment of 0.31 acres of constructed wetlands adjacent to the site of the proposed development. The proposed activity includes the discharge of stormwater runoff into adjacent wetlands after treatment in an onsite stormwater retention pond. The activity is proposed to be conducted in two phases; phase I proposes to construct a 7,200 sqft restaurant facility and a 14, 608 sqft retail facility with the associated parking, road, stormwater and utility infrastructure, whereas phase II proposes two additional retail facilities of 15,000 sqft and 3,000 sqft with the associated facilities described above. Phase II will require the construction of an additional stormwater detention pond.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, January 30, 2009.

Comments should be addressed to the Office of Coastal, Local Government and Community Sustainability, New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

WHEREAS, Article 8-B of the Partnership Law, requires registered limited liability partnerships and New York registered foreign limited liability partnerships to furnish the Department of State with a statement every five years updating specified information, and

WHEREAS, the following registered limited liability partnerships and New York registered foreign limited liability partnerships have not furnished the department with the required statement, and

WHEREAS, such registered limited liability partnerships and New York registered foreign limited liability partnerships have been provided with 60 days notice of this action;

NOW, THEREFORE, I, Lorraine A. Cortés-Vázquez, Secretary of State of the State of New York, do declare and proclaim that the registrations of the following registered limited liability partnerships are hereby revoked and the status of the following New York foreign limited liability partnerships are hereby revoked pursuant to the provisions of Article 8-B of the Partnership Law, as amended:

DOMESTIC REGISTERED LIMITED

LIABILITY PARTNERSHIPS

A

ADAMS & DISTEFANO, LLP (03)

AMORUSO & AMORUSO, LLP (03)

B

BEGOS & HORGAN, LLP (98)

BONINA & BONINA, LLP (03)

BROOKS & ASSOCIATES, ATTORNEYS & COUNSELORS AT LAW, LLP. (03)

C

CALVEY & AMON, LLP (03)

CHENG & FASANYA, LLP (03)

CHILDRESS COOPER & HUNTE, LLP (98)

COHEN & LOUIS LLP (03)

COOK + FOX ARCHITECTS, LLP (03)

CTE TAX AND ADVISORY SERVICES, LLP (03)

D

D'ERRICO DREEBEN, LLP (03)

DAMBRO & CARBONE, LLP (03)

DAVIS, GRABER & NASBERG, LLP (98)

DEAN ROSEN AND ASSOCIATES, LLP (03)

DYNAMIC HEALTH CHIROPRACTIC LLP (03)

E

EDWARDS & SHEEHAN, C.P.A.'S, LLP (03)

F

F. CHAU & ASSOCIATES, LLP (98)

FOREST HILLS PULMONARY MEDICAL ASSOCIATES, LLP (03)

G

GREENWALD & WEINSTOCK LLP (03)

H

HAMPTON CARE ASSOCIATES, LLP (98)

HAYT, HAYT & LANDAU LLP (03)

J

JEAN CHEN MEDICAL LLP (03)

JONES, FERGUSON & CAMPBELL, LLP (03)

K

K H & H, LLP (03)

KEARNEY & KEARNEY, LLP (98)

L

LANDRIGAN & MURTAGH LLP (03)

LILA J. WOLFE, LLP (03)

M

MAGAVERN, RICH & MORGAN, LLP (98)

N

NASSY HILL LANGSAM & MOIN LLP (98)

NISTA & PERIMENIS, LLP (03)

O

ORAN URGENT CARE PHYSICIANS LLP (03)

P

PENINO & MOYNIHAN, LLP (98)

PONCE DE LEON FOUNTAIN OF YOUTH LLP (03)

R

RAO & LEE DERMATOLOGY LLP (03)

RAYMOND J. KEEGAN & ASSOC., LLP (98)

RENZULLI & RUTHERFORD, LLP (98)

ROSNER & NOCERA LLP (98)

ROSNER, NOCERA & RAGONE, LLP (98)

RUDGAYZER & GRATT LLP (03)

S

S & C LLP (03)

SHERMAN DUNN, M.D. AND GILDA F. NAFARRETTE, M.D., LLP (98)

SMILE BY DESIGN DENTAL LLP (03)

SMITH & OZALIS, LLP (98)

T

TANNER MCCOLGAN, LLP (03)

TANNER PROPP, LLP (98)

TOMPKINS & DAVIDSON, LLP (98)

TRI-COUNTY ORTHOPEDICS, LLP (98)

W

WEST SIDE CHIROPRACTIC & REHABILITATION L.L.P. (03)

WESTERN RAMAPO DESIGN AND PROCUREMENT TEAM, LLP (03)

WESTLAKE, LOCKWOOD, CHANGLAI, MCMAHON & SHAWL, L.L.P. (98)

FOREIGN REGISTERED LIMITED

LIABILITY PARTNERSHIPS

NY REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP REVOCATION OF REGISTRATION H 1

H

HARKINS CUNNINGHAM LLP (03) (DC)

HENNIGAN, BENNETT & DORMAN LLP (03) (CA)

M

MAYER BROWN LLP (03) (IL)

P

PETER LENCHUR MD, LLP (03) (NJ)

T

THE VIDERE GROUP, L.L.P. (03) (NJ)

Pursuant to 19 NYCRR 1205, the petitions below have been received by the Department of State for action by the Uniform Code Regional Boards of Review. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Steven Rocklin, Codes Division, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2002-0988 Matter of Barry and Rona Smith, 325 Maple Lane, Box 404, Orient, NY 11957, for a variance concerning fire-safety requirements with alterations and additions to an existing one-family dwelling.

Involved is an alteration and additions of third story without the installation of an automatic sprinkler system and required headroom above stairs for an existing one-family dwelling, Type VA construction, 3 stories in height, approximately 5,547 square feet in area, located at, 325 Maple Lane, Orient, Town of Southold, Suffolk County, State of New York.

2008-0634 Matter of Jerome Meckler, Meckler Associates, 144 Rte 59, Suffern, NY 10901 concerning handicap accessibility requirements including maneuverability space within six dwelling units in a multiple dwelling containing 57 dwelling units.

Involved is the construction of a new building known as Ellenville Senior Housing, located at the corner of Rte 209 and Healthy Way, Ellenville, Town of Warwarsing, County of Ulster, State of New York.

2008-0635 Matter of Sal LaDuca of Envirnmental Assay, Inc., 792 Green Street, Phillipsburg, NJ 08865 for a variance concerning fire safety requirements, including the installation of a Balance Voltage electrical system in an existing residence.

Involved are proposed alterations to an existing one family dwelling owned by Ms. Esta Schultz, located at 230 Yerry Hill Road, Town of Woodstock, County of Ulster, State of New York.

2008-0666 Matter of Michelle and William Kern, 127 Seaquams Lane West, West Islip, NY 11795, for a variance concerning fire-safety requirements with an addition and alterations to an existing one-family dwelling.

Involved is the required freeboard elevation in addition to the FEMA design flood elevation for an existing one-family dwelling, two stories in height, approximately 2,510 square feet in area, located at 127 Seaquams lane., Town of Islip, Suffolk County, State of New York.

2008-0615 Matter of Jerry Wolkoff, Boys Enterprises, LP, 1 Executive Drive, Egewood, NY 11717, for a variance concerning fire-safety requirements for alterations to an existing gymnasium.

Involved is the construction of a second story for use as an exercise room, employee break room and bathroom with a sub-minimum construction fire rating, exit enclosure and sub-minimum number of exits for a gymnasium of an A-3 occupancy, Type VB construction, 2 stories in height, approximately 20,402 square feet in area, located at, 41 Mecedes Way, Edgewood, Town of Islip, Suffolk County, State of New York.

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice for the following:

Sealed bids for 1,447 tons more or less of European larch sawtimber, 71 tons more or less of Jack pine, 22.9 MBF more or less of white ash, 8.8 MBF more or less of black cherry, 4.3 MBF more or less of hard maple, 2.6 MBF more or less of red maple, 0.1 MBF more or less of yellow birch, 5.0 MBF more or less of white pine, 0.3 MBF more or less of Eastern hemlock, 74 cords more or less of hardwood firewood and 31 cords more or less of softwood pulp located on Chenango RA 16; Stands B-13, 17.1, 17.2, and 45, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m. on Thursday, Jan. 15, 2009.

For further information, contact: Robert Slavicek, Supervising Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 7, 2715 State Hwy. 80, Sherburne, NY 13460-4507, (607) 674-4036

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice of the following:

Sealed bids for 490.4 MBF more or less of Norway spruce, 187 Cords more or less of Norway spruce, 17 Cords more or less of white spruce, 256 Tons more or less of red pine, 14 Tons more or less of jack pine, 5.1 MBF more or less of white ash, 1.5 MBF more or less of black cherry, 0.2 MBF more or less of hard maple, 0.1 MBF more or less of red maple, 30 Cords more or less of hardwood firewood, located on Madison Reforestation Area No. 9; Stand(s) A-26, 27, 28, 29 and 65. Sealed Bids will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY, 12233-5027 until 11:00 a.m., Thursday, Jan. 15, 2009.

For further information contact: Robert Slavicek, Supervising Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 7, 2715 State Hwy. 80, Sherburne, NY 13460-4507, (607) 674-4036

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice of the following:

Sealed bids for 156.22 MBF more or less of sawtimber and 712 cords more or less of pulpwood located on Tioga Reforestation Area No. 1; Stands A-1, 2, 3, 8, 15, 19, 21 and 22, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m., Thursday, Jan. 15, 2009.

For further information, contact: Henry C. Dedrick, Jr., Department of Environmental Conservation, Division of Lands and Forests, Region 7, 1285 Fisher Ave., Cortland, NY 13045-1090, (607) 753-3095