Andrew Cuomo and Scott Murphy, together, jubilant. (Cindy Schultz / Times Union)

BALLSTON LAKE — Andrew Cuomo, the attorney general and Democratic gubernatorial candidate, rallied with two of his party’s candidates for the Senate — Joanne Yepsen and Susan Savage — as well as Rep. Scott Murphy, D-Glens Falls, who is running a tight re-election campaign.

Cuomo mentioned Murphy several times during his stump speech, and offered this praising appraisal:

“Scott’s election is so important not just for this district but for this nation, and Paul [Tonko] is exactly right. Sometimes the American people have a short memory. They forget where this nation was two years ago, and how much progress we’ve made in just two years. Well, we haven’t forgotten, we’re not going back, and we need Scott Murphy to move us forward.”

Earlier today, Saratoga Springs Supervisor Joanne Yepsen issued a statement about Cuomo’s endorsement. (Cuomo didn’t mention her in his remarks beyond recognizing her presence, but she did walk with him as a gaggle of cameras swarmed.)

“Building a broad-based coalition of New Yorkers willing to work together is what will change Albany and make our government work for the people again. As only one of three Democrats on her Board, Saratoga Supervisor Joanne Yepsen has a proven record of getting results through bipartisan efforts.  It is through this type of vision and commitment that we can build a New NY we can all be proud of,” said Cuomo.

“As Governor, I will partner with Joanne to bring about the vital changes residents of Saratoga and Rensselaer counties deserve,” he added. “It is with great pride that I give my endorsement to Joanne Yepsen for State Senate in the 43rd District.”

After the rally, I asked Murphy what the endorsement, along with an event tomorrow alongside Sen. Kirsten Gillibrand and another Monday with ex-Pres. Bill Clinton, mean.

“We’re working hard getting people out to vote. We know we’ve got a lot of folks we’ve got to get to the polls to win this election, it’s going to be very close. I’m very excited to have Andrew Cuomo here today talking about his plans to move upstate New York’s economy forward and the kind of common sense solutions that I want to use to get upstate New York’s economy moving forward, and things I want to do as a businessman to get people back to work.”

BALLSTON LAKE —After a speech that fired up some 300 Democrats at Lakeside Farm and Cider Mill here, attorney general Andrew Cuomo was asked whether he would or had recommended that a judge sentence ex-Comptroller Alan Hevesi to prison time for his role in a pay-to-play scandal involving the state’s pension fund.

“He is cooperating with an ongoing investigation, and we will let that investigation proceed and then see where we are,” Cuomo said.

Cuomo, the Democratic candidate for governor, has been criticized by his rival for that office, Carl Paladino. Paladino yesterday claimed Cuomo had given Hevesi a pass on jail time. Hevesi pleaded guilty to felony charges and is awaiting sentencing. Cuomo has spent over two years investigating pay-to-play practices at the fund over Hevesi’s tenure, and has already secured millions in settlements and several guilty pleas.

And during the rally, lieutenant governor candidate Bob Duffy praised Cuomo as “the best attorney general we have ever seen.”

“Either side of the aisle, if it was wrong he went after it,” Duffy said. “That’s what we want at the top of the government, so we can have a government were trust, pride and honor are restored.”

While the gaps between the candidates in three of those races are within the margin of error, that’s not the case in the Suffolk County battle, where the survey suggests Democrat Brian Foley is getting stomped by Lee Zeldin. Here’s the short form:

Zeldin Builds Large 16-Point Lead over Foley in 3rd SD
Ball Opens 5-Point Lead on Kaplowitz in Open 40th SD
Ritchie Has Slim 4-Point Edge over Aubertine in 48th SD
Kennedy Now Takes 6-Point Lead over Quinn in 58th SD

If the Siena results hold up on Tuesday, the Democrats would lose Foley’s seat as well as Darrel Aubertine’s, fail to nab the open seat in the Ball-Kaplowitz race, but hold on to the office soon to be vacated by Bill Stachowski. Here’s the release:

Four of the most hotly contested and closely watched State Senate races shows one very
tight race featuring a Democratic incumbent (SD 48), one race with a small lead for the Republican in an open
seat currently held by a Republican (SD 40), one race (SD 58) with a small lead for a Democratic challenger
in a seat currently held by the Democrats, and one race (SD 3) that has a Republican challenger far ahead of a
Democratic incumbent, according to four new Siena (College) Research Institute State Senate polls of likely
voters released today.

3rd SD – Suffolk County – Brian Foley (D, incumbent) vs. Lee Zeldin (R)

Zeldin has a commanding 53-37 percent lead over Foley. Five weeks ago the race was at 44-43 percent for
Foley. Zeldin has the support of 78 percent of Republicans, up from 65 percent, and has a nearly two-to-one
lead among independent voters 58-30 percent, up from 51-35 percent. Foley has the support of 69 percent of
Democrats, down from 73 percent. Five weeks ago, Foley had the support of 26 percent of Republicans,
which is now down to 17 percent and Zeldin’s Democratic support grew to 21 percent from 14 percent.
In Brookhaven, Zeldin leads 53-38 percent (44-44 percent in previous Siena Poll), and in Islip he has a similar
53-37 percent lead, where previously Foley had a slim 44-41 percent lead. Zeldin leads by 22 points among
men (up from nine) and nine points among women, among whom he previously trailed by 12 points. Voters
55 years old and older had previously supported Foley by a 50-37 percent margin and now support Zeldin by
an even larger 55-36 percent margin.

When voters were asked whether they were inclined to re-elect Foley or they would prefer ‘someone else,’
someone else is the big winner 57-35 percent.

Zeldin is viewed favorably by 42 percent of voters and unfavorably by 33 percent, up from 26-17 percent
favorability rating five weeks ago. Currently, 26 percent of voters don’t have an opinion of Zeldin, less tha
half of the 57 percent who had no opinion in the previous poll. Foley is viewed favorably by 38 percent of
voters (down one point) and unfavorably by 53 percent, up 12 points.

In the Governor’s race, Andrew Cuomo leads Carl Paladino 57-33 percent. Previously Cuomo led Paladino
49-23 percent (with 20 percent supporting Lazio before he dropped out of the race). Cuomo leads among
Democrats by 74 points and independents by 25 points. He trails Paladino among Republicans by a 55-33
percent margin. Cuomo also has the support of nearly one-third of voters supporting Zeldin.

“It seems that voters are prepared to change direction only two years after Foley won a huge upset victory.
Voters would, by a strong margin, prefer ‘someone else’ to Foley. Zeldin is viewed far more favorably than
Foley and voters have given him a very large lead heading into the closing days of the campaign. This district,
nearly evenly divided between Democrats and Republicans, is overwhelmingly supportive of Cuomo, and it
appears that there are a significant number of voters in this district – nearly one in five – who want to send
Republican Zeldin to Albany to work with Democrat Cuomo,” Greenberg said.

40th SD – Dutchess/Putnam/Westchester Counties – Michael Kaplowitz (D) vs. Greg Ball (R)

Ball has a 49-44 percent lead over Kaplowitz in what continues to be a close race. While Kaplowitz has the
support of 85 percent of Democrats (up from 80 percent), Ball has the support of 77 percent of Republicans
(up from 68 percent) and has increased his lead among independent voters from 18 points to 29 points, in a
district closely divided between Democrats and Republicans.

A gender gap seen in the last Siena Poll has largely disappeared as Ball leads among men by nine points
(down from 12 points) and 47-45 percent among women (having previously trailed among women by 11
points). Ball has taken a narrow three-point lead in Westchester County, after trailing by eight points.
Kaplowitz has cut his deficit in Dutchess and Putnam Counties from 15 points to 10 points.

Ball is viewed favorably by 49 percent of voters and unfavorably by 41 percent (up from a 39-39 percent
favorability rating). Kaplowitz has a negative 36-40 percent favorability rating, down significantly from his
previous positive 34-23 percent favorability rating. Among independent voters, Ball has a 59-32 percent
favorability rating, compared to Kaplowitz’s negative 24-55 percent rating.

Cuomo has opened a wide lead in this district in the Governor’s race, leading Paladino 53-34 percent, up from
49-44 percent in the previous Siena Poll. Cuomo leads among independents by nine points after previously
trailing by eight points. Paladino previously led among Republicans by 66 points and now that lead has been
cut in half to 33 points. Cuomo has double-digit leads in each region of the district.

“Given the partisan makeup of the district, it is not surprising that this race has stayed close between
candidates that are elected officials but not an incumbent in this open Senate seat. Ball has gained a little
momentum in the last few weeks, picking up some support from undecided independent and Republican
voters. Ball has also seen his favorability rating improve, while Kaplowitz’s moved significantly in the wrong
direction. It is interesting to note that while Ball has picked up four points and Kaplowtiz’s level of support
has remained flat, the Governor’s race has shown a major movement for Democrat Cuomo. This is a race
where turnout will have a major impact – and the potential to swing this election either way,” Greenberg said.

48th SD – Oswego/Jefferson/St. Lawrence – Darrel Aubertine (D, incumbent) vs. Patty Ritchie (R)

Ritchie leads Aubertine by a narrow 47-43 percent margin, changing very little from her slim 48-45 percent
lead in the September 28th Siena poll. Aubertine continues to win the support of more than three-quarters of
Democrats. Ritchie has improved among Republicans, now getting 66 percent (up from 61 percent), and
Aubertine has closed the gap with independent voters, now trailing by eight points (down from 28 points).
In the largest county in the district, Oswego, Ritchie’s lead is down to five points (from 12 points). She
continues to lead by 19 points in St. Lawrence (the smallest county in the district). And Aubertine has seen
his lead in Jefferson County fall from 19 points to six points. Ritchie continues to lead among men and
Aubertine continues to have a slim lead among women. Slightly more of Aubertine’s voters (70 percent) than
Ritchie’s voters (63 percent) say they are absolutely certain to support their candidate.

Aubertine is viewed favorably by 52 percent of voters and unfavorably by 39 percent (down from September’s
54-33 percent favorability rating). His favorability rating with Republicans fell dramatically to 38-53 percent.
Ritchie has a 53-30 percent favorability rating, up from 39-18 percent in September, when 43 percent of voters
didn’t know enough about her to have an opinion. She is viewed most favorably in St. Lawrence County and
he is viewed most favorably in Jefferson County.

When asked whether they want to re-elect Aubertine or would prefer ‘someone else,’ half prefer someone else
(up from 44 percent) and 42 percent are prepared to re-elect him (down from 45 percent).

In the Governor’s race, Cuomo has a 24-point lead over Paladino, 54-30 percent, up from a 16-point lead in
September. In this district where Republicans significantly outnumber Democrats, Cuomo leads Paladino by
83 points with Democrats and 10 points with independents. And he only trails Paladino 42-39 percent with
Republicans. He even has the support of three in ten Ritchie voters.

“This race has remained extraordinarily tight over the course of a fiercely contested campaign. Aubertine has
been successful in this district with a significant Republican enrollment edge twice, however, he now appears
to be in the battle of his political life. Ritchie has become better known over the course of the campaign and
now has a stronger favorability rating than Aubertine. With just days until voters go to the polls, both
campaigns need to focus their energy on turning out their supporters. The North Country may be in for a late
night of counting on Tuesday before a winner can be declared,” Greenberg said.

58th SD – Erie County –
Tim Kennedy (D/C) vs. Jack Quinn (R) vs. William Stachowski (WFP/I, incumbent)

Kennedy has opened a six-point lead (45-39 percent) over Quinn, who had a narrow three-point lead in the
October 4th Siena Poll. Stachowski, running on two minor party lines, has the support of nine percent of
voters (down from 12 percent). Quinn has the support of 69 percent of Republicans (down from 76 percent)
and the 17-point lead he previously had with independents is now down to two points. Kennedy has the
support of 60 percent of Democrats, and in this district where Democrats have a better than two-to-one
enrollment edge, that’s enough to give Kennedy the lead.

Kennedy has extended his lead in Buffalo/Lackawanna to 25 points, up from 15 points. Cheektowaga
(where Kennedy previously had a 14-point lead) and the southern suburbs (where Quinn previously led by 26
points) are now both virtually dead even.

Quinn previously had a small lead with men, who are now nearly evenly divided. Women had been evenly
divided between Kennedy and Quinn, and they now give Kennedy a 16-point lead. Kennedy’s previous
seven-point lead among voters 55 years old and older has been cut nearly in half, however he has turned a 12-
point deficit into a 10-point lead with voters under 55 years of age. Sixty-one percent of Quinn voters and 58
percent of Kennedy voters say they will not change their minds.

Both Quinn and Kennedy currently have identical 49-40 percent favorability ratings. Kennedy’s is down from
51-30 percent, while Quinn’s has fallen further, from 62-25 percent. Kennedy is viewed most favorably in
Buffalo/Lackawana and Quinn is viewed most favorably in the southern suburbs. Stachowski continues to
have more than three times as many voters viewing him unfavorably as those who view him favorably.
In the Governor’s race, Paladino continues to have a huge lead over Cuomo, 58-30 percent, down slightly
from 65-30 percent. Paladino has the support of 86 percent of Republicans and 63 percent of independents
and only trails Cuomo 48-43 percent with Democrats and 48-44 percent with Kennedy voters.

“Over the last four weeks, Kennedy has turned a small deficit into a small lead over Quinn in this heavily
Democratic-dominated district that is located squarely in the middle of ‘Carl Country.’ In a district where
nearly as many Democrats support Paladino as support Cuomo, Kennedy is getting the support of six out of
ten Democrats, while Stachowski still has the support of 11 percent of Democrats. To hold on, Kennedy must
ensure that Paladino Democrats come back to ‘Row A.’ And Quinn, who is within striking distance, must try
and rebuild his margins with Republicans and independents,” Greenberg said.

“Among these four Senate districts, one (SD 48) has a heavy Republican enrollment edge and Cuomo has a
24-point lead in the gubernatorial race there. In two districts (SDs 3 and 40) where enrollment is virtually
even between Democrats and Republicans, Cuomo leads by 24 and 19 points. In the only district with an
overwhelming Democratic enrollment edge (SD 58), in the middle of ‘Paladino Country’ in Erie County,
Paladino leads Cuomo by 28 points,” Greenberg said. “Throughout the course of this campaign, Siena has
included a gubernatorial match-up question in a number of hotly contested Senate and Congressional district
polls and with the exception of the 58th SD, Cuomo has led in every district, tracking very closely to what
Siena sees in statewide gubernatorial polls.

“As the campaign season winds down and voters prepare to go to the polls on Tuesday, no voter will have the
opportunity to vote on which party should have a majority and control the State Senate in 2011. Rather, voters
will have the opportunity to vote for their individual Senator. Collectively, however, the voters in about a
dozen key districts will ultimately decide whether to keep the Democrats in the majority or to replace them
after two years and put the Republicans back in the majority. If the four races Siena has looked at are any
indication, it appears that the Republicans may have a small edge. But one thing for sure is that it’s going to
be a long night on Tuesday watching district by district returns,” Greenberg said.

These SRI surveys were conducted from October 26-29, 2010 by telephone calls to likely voters in each State Senate district. For the 3rd
SD, 412voters were included in the sample, with a margin of error of + 4.8 percentage points. For the 40th SD, 428 voters were included in
the sample, margin of error + 4.7. For the 48th SD, 426 voters were included in the sample, margin of error + 4.7. For the 58th SD, 420
voters were included in the sample, margin of error + 4.8. In each district a stringent multi-question likely voter screen was applied to a
weighted representative sample of registered voters. For more information, please call Steven Greenberg at 518-469-9858. Crosstabulations
and frequencies for these six polls can be found at: www.Siena.edu/SRI/SNY.

Here’s Carl Paladino bringing an abrupt end an interview with WCAX in Plattsburgh. “Are we going to talk issues, or am I leaving you right now?,” Paladino says after insisting that his reference to Sen. Kirsten Gillibrand as Chuck Schumer’s “little girl” was “absolutely not” sexist. The Democrats are sending it around.

Is it the bracing Adirondack air that makes Paladino get so tetchy with the press when he heads north?

Someone is sending mailers to voters around the 20th CD criticizing Chris Gibson. It’s not the Murphy campaign, it’s not the state or national Democratic committees, in fact, it’s impossible to tell who it is because it is not written on the mailer. Election law says the person or organization who pays for a mailer must be identified. Gibson spokesman Dan Odescalchi said the  “pieces misrepresent Chris’ position and whoever sent these clearly knows it, which is why they are hiding from the public. They broke the law and the ethical standards voters expect.”

It’s a simple mailer. One side reads “our local small businesses deserve a tax break.” The other side has a phone number (it goes to Gibson’s Kinderhook campaign office, I found out) and reads “Chris Gibson turned his back on small business.” “Chris Gibson said no to $12 billion in tax cuts for our small businesses.”

The mailer is an apparent reference to Gibson’s position on the Small Business Jobs Act, which Murphy supported. It is designed to make more loan money available to business owners. Gibson appeared to change his position on the bill, announcing at a Poughkeepsie Journal editorial board meeting this month he would have voted for it, even though he was opposed to it earlier in the campaign. Odescalchi explained afterward it was the fault of campaign staff for misunderstanding how Gibson stood on the issue.

Odescalchi said there have been Murphy supporters who pose as Gibson supporters “solely to undermine and suppress votes with false information about our campaign.”

Odescalchi said Murphy should “denounce sleazy tactics.”  But Murphy spokesman Josh Schwerin said (and I’m summarizing here) it was a case of the pot calling the kettle black. He also said the Gibson campaign is “flinging mud” to cover up the Federal Election Commission’s investigation into his own campaign,” but didn’t detail what transgressions the campaign may have committed.

“This wasn’t Scott’s campaign and its absurd to imply it was.  Scott in fact has fought for tougher disclosure rules and to curb secret outside spending, something Chris Gibson opposed.  This is a blatant attempt by Chris Gibson to mislead voters. The mailer is absolutely true. Chris Gibson opposed the Small Business Jobs Bill (before flip-flopping).”

Someone is sending mailers to voters around the 20th CD criticizing Chris Gibson. It’s not the Murphy campaign, it’s not the state or national Democratic committees, in fact, it’s impossible to tell who it is because it is not written on the mailer. Election law says the person or organization who pays for a mailer must be identified. Gibson spokesman Dan Odescalchi said the  “pieces misrepresent Chris’ position and whoever sent these clearly knows it, which is why they are hiding from the public. They broke the law and the ethical standards voters expect.”

It’s a simple mailer. One side reads “our local small businesses deserve a tax break.” The other side has a phone number (it goes to Gibson’s Kinderhook campaign office, I found out) and reads “Chris Gibson turned his back on small business.” “Chris Gibson said no to $12 billion in tax cuts for our small businesses.”

The mailer is an apparent reference to Gibson’s position on the Small Business Jobs Act, which is designed to make more loan money available to business owners. Gibson appeared to change his position on the bill, announcing at a Poughkeepsie Journal editorial board meeting this month he would have voted for it, even though he was opposed to it earlier in the campaign. Odescalchi explained afterward it was the fault of campaign staff for misunderstanding how Gibson stood on the issue.

Odescalchi said there have been Murphy supporters who pose as Gibson supporters “solely to undermine and suppress votes with false information about our campaign.”

Murphy spokesman Josh Schwerin said (and I’m summarizing here) it was a case of the pot calling the kettle black.

“This wasn’t Scott’s campaign and its absurd to imply it was.  Scott in fact has fought for tougher disclosure rules and to curb secret outside spending, something Chris Gibson opposed.  This is a blatant attempt by Chris Gibson to mislead voters in two ways: first, this mailer is absolutely true, Chris Gibson opposed the Small Business Jobs Bill (before flip-flopping) and second, Chris Gibson is just flinging mud at Scott to cover up the Federal Election Commission’s investigation into his own campaign.”

My colleague Tim O’Brien has this posted on our Local Politics blog, and the You Tube clip of Democratic Assembly incumbent Bob Reilly is continuing to make some waves and his opponent Jennifer Whalen is working to exploit it as well. It’s a clip of Reilly imitating a disabled person who he said was concerned about how the state’s fiscal woes might impact him.

Whalen describes it as an internet sensation and the You Tube counter, as of this writing indicated 814 views. Other counts were much higher, though, as Whalen explains below.

Here’s the link to our other posting which includes Whalen’s ad that excerpts the clip.

Below is the clip as seen on You Tube,  followed by Whalen’s release.

In fairness, the release mentions a bunch of taxes, which were included in the overall budget that lawmakers passed last year. In that budget, which increased some assessments (taxes) on health care providers Republicans, who are badly outnumberd in the Assembly, since voted no, knowing that they could do so and the state still would have a spending plan.

A campaign commercial released today highlights incumbent Democratic Assemblyman Bob Reilly’s votes against health care and touches upon comments made by Reilly that have become an internet sensation. The ad, titled “Insensitive,” shows the “real Bob Reilly.” It documents cost and tax increases Reilly has supported and displays comments Reilly made during a debate where he impersonated an individual with cerebral palsy.

Reilly’s October 25 debate comments have gone viral, fast approaching 100,000 hits on YouTube. Reilly’s clip on Capital Tonight’s YouTube channel has already generated over 63,000 views. The story has also reached national news outlets including The Daily Caller and Hot Air.

In the commercial, viewers are shown critical instances in which Reilly voted against health care organizations as well as vulnerable Capital District constituents including children and seniors. For example, Reilly supported $14 million in taxes on home health care (A.158.b) and $131 million taxes on health maintenance organizations. Reilly also supported higher costs for pharmacies (A.9808c) and Child Health Plus premiums (A.158.b). His support of A.9808c also raised taxes on health insurance by $70 million.

Reilly voted to cut hospital aid by $10 million (A.11372) while raising taxes on these vital institutions by $169 million (A.158.b, S.3668). Finally, many non-profits have pointed out that the $100 million tax on charitable donations, which Reilly favored, will directly lead to hardship for organizations such as hospitals, hospices, and the Red Cross.

The campaign commercial touches on many commentators’ and viewers’ reactions to the video, namely that Bob Reilly appears to be out-of-touch with average New Yorkers.

Here’s a handy spreadsheet, for those of you who love to analyze: it shows all $33 million of contributions Democratic gubernatorial candidate Andrew Cuomo received in his race for governor.

Andrew Cuomo with the Times Union Editorial Board. (Will Waldron / Times Union)

Half of Cuomo’s nearly 13,000 contributions were more than $1,000. The average contribution was higher: $2,615. The spreadsheet, ripped together by the intrepid Bill Mahoney at NYPIRG, also categorizes some donor groups and field. Have a nice weekend with it. It’s too big to embed with EditGrid. (Boo-urns.)

The Buffalo News did a great story last weekend on the candidate’s money. Cuomo’s major contributors include some real estate interests and big unions. When Cuomo sat with the Times Union Editorial Board, he was asked about this, and whether he could be trusted to attack the special interest groups who have fed him. (Republicans say no.)

“You can’t influence. The way I see this, it is all, it is what you believe it is,” Cuomo said. “What I believe it is, is people give me money in a campaign because they want to see me elected because they think I will do a good job. That is what I believe that relationship is about. And if I ever believed for a moment that they were looking for special influence or attention, not only would I never take their support, but I would never deal with them again. So, that is the relationship. That is what I believe it is.”

He noted his work as attorney general, saying “I could not have done business, I think, in a more objective way. It just doesn’t matter to me who gave me political support and who didn’t.”

Specifically, he noted he has been consistently supported by SEIU 1199, the quiet friend whose headquarters houses the Democrats’ Albany field office, even as he did Medicaid fraud cases and won national recognition for his efforts.

The union has given him $55,000. He said Tuesday he was going to fight the special interests, suggesting he would use leftover campaign cash to air advertisements if they air against him. How would he do this, I asked, if he was partially biting the hand that feeds him? Would it create a problem?

“Forget the money. I don’t…but the…I don’t care. I don’t care. Okay? So don’t contribute to me. I still get up in the morning. I mean, it’s not…I’m not at the point where that’s going to make a difference. That’s not what it’s about. The question is, I believe, how do you defeat them? They have won for the past 10 years? What makes you think, how do you now win? You look at 1199, you look at the teachers, you look at CSEA, you look at PEF, you’re looking at the most powerful political lobbying organizations in the state, with a very impressive win record. That’s what this is about.”

He said he would not include the business council, which endorsed him, on that list.

“I think that’s part of the problem, by the way. See, the difference in Washington, the diference 25 years ago, was you had labor forces and labor lobbyists, and you had a highly energized business community,” he said. “The scales were almost balanced…and you had equilibrium.”

“I’ve been going to business leaders all across the state, saying, where are you? Where are you? What do you mean, I said: Where are you in Albany? Where’s the business lobby? Where’s the counter force?” Cuomo said. “Labor dominates it partially because the business community walked off the field. They created the void in this state. And, they’re not as organized, they’re not as mobilized, as they were 20 years ago, and I believe that’s part of it.”

According to versions of Cuomo’s schedules released for a part of 2009, Cuomo met with labor leaders several times but never with business groups. An attorney general’s office spokesman said this had to do with the high amount of workers compensation cases done by the office.

After our story this morning about his actions the night of Oct. 12, and a subsequent call for answers from Republican Bob Domenici, Sen. Neil Breslin’s campaign spokesman issued this statement:

“Bob Domenici and Senate Republican attack mutts continue to push ridiculous, baseless rumors. Voters are sick of this kind of nonsense,” said Daniel Hornick, the spokesman.

Senator Neil Breslin is on the record with the facts:

· He drank a couple of glasses of wine;

· He was administered a field sobriety test;

· He was not arrested or cited;

· He drove home;

· He has no say in law enforcement procedures regarding records.

“Obviously, Domenici’s campaign is in a tailspin, realizing they cannot win on the issues,” Hornick, the spokesman, said. “Instead, he is resorting to the desperate, mudslinging tactics right out of Roger Stone’s playbook. What next…threatening prank calls to Neil’s family?”

Sen. Kirsten Gillibrand will appear Sunday in Brunswick with Rep. Scott Murphy. She’s part of the final blitz Democrats have planned for the Glens Falls freshman who won the House seat Gillibrand occupied before her 2009 appointment to the Senate.

“The Senator is returning to the spot where she has dined on the eve of each of her winning elections,” wrote Rensselaer County Democratic Chairman Tom Wade. “Congressman Murphy will also be on hand, as well as State Senate candidate Joanne Yepsen, and Assemblyman Tim Gordon.”

The event is:

Date: Sunday October 31st
Time: 2:45 PM
Location: Country View Diner, 855 Hoosick Rd in Troy, NY

It’s the Friday before Election Day — do you know where Andrew Cuomo’s tax returns are?

Because I don’t. Like some of my colleagues, I’ve been asking for them for two weeks, on and off. I’ve sent e-mails. I’ve made calls. I’ve reached out to Cuomo’s campaign staff and his government aides. It’s being looked in to, I’m told. Cuomo filed for an extension on his income taxes in April, which means they would have been done Oct. 15. John Milgrim, his government spokesman, promised me in April the returns themselves would be released at some point this year — we would get more details than the overview we were offered in April.

But there’s been silence when I’ve asked. Tom Precious noted this in a story he did last weekend titled “Cuomo shies from practices of openness.”

“We are coordinating with the accountant to ensure his availability to answer any questions when we release the taxes,” said Cuomo spokesman Josh Vlasto.

Republican gubernatorial candidate Carl Paladino has not released his taxes. “Nobody asked him to,” said Michael Caputo, Paladino’s campaign manager. Actually, Cuomo has called on him to release his taxes.

Asked Friday if Paladino would release his 2009 tax filings, Caputo said, “If Andrew Cuomo will release, we will release. We’re tired of being the most transparent candidate in this race because the media takes advantage of it and works for Andrew Cuomo.”

I don’t know what’s in the tax returns. I don’t have any information to suggest there’s anything untoward. But our job — and this is becoming increasingly clear to me as Election Day looms closer — is to get information out there to help inform the voting populace. Here, we can’t do it without cooperation. Earlier this year, Democrats attacked Rick Lazio for not releasing his tax returns, and Lazio’s web site still contains a compilation of reminders that in 2006, running for attorney general, Cuomo did not release his tax returns before the election.

It reinforces a point I made in an article two weeks ago, about how Cuomo has refused to produce original copies of his schedule (subject to legally allowed redactions to the Times Union) pursuant to a Freedom of Information Law request we filed. In April.

When Cuomo appeared earlier this week before the Times Union Editorial Board, he was asked about this.

“This is what happened: it’s interesting. If I asked…my office is a little different. I say to you, I want you to tell me who your sources are on a story. Transparency, bleh bleh bleh bleh bleh. You say: hold on a second. You’re asking about my sources. You ask Andrew, ‘who goes into your office and is a whistleblower, and is a witness, and who’s ratting out who, and who are you talking to about who’s ratting out who. My people who were all prosecutors going in….99 percent of what I do, particularly in the beginning, I was just in the office doing cases. All. Day. Long. I did public events, when I would do announcements, et cetera. When they, when you say turn over the schedule, the easiest physical mechanism to turn over the schedule was to turn over all the public events, because 99% was in the office talking to lawyers and witnesses, one percent was in public events. They said the easiest way to do this was to give you the one percent. So they turned over the public events. It’s not on a schedule that says, Monday-Tuesday-Wednesday-Thursday-Friday, because Monday-Tuesday-Wednesday-Thursday, blank-blank-blank-blank, Friday, press conference announcing the case the he worked on Monday-Tuesday-Wednesday-Thursday. I think it was the first form that threw you. And — I’m not a legislator. I’m not the governor. I’m a law enforcement office primarily, staffed by law enforcement people trying to protect the integrity of the law enforcement process. That’s what that was.”

“The FOIL law says — because I’m not the only law enforcement officer — you don’t get anything pertaining to an investigation or that would endanger an investigation. You don’t get it. You don’t have a right to it. I’ve had people in my office talking about this newspaper. You don’t have a right to it. You don’t. You’re not going to endanger anybody’s safety, you’re not going to endanger an investigation, you don’t have a FOIA right to it.”

And here’s what Cuomo said about transparency, generally, and the Freedom of Information Law. Specifically, someone asked him to open up the state’s servers to update our property tax database. He said, generally, he would intervene in matters like this.

“Yes, 100 percent, Bob, and I’ll tell you why: not only in respect to the law and historically my father was very aggressive in this whole area. What we’re trying to do, if the main problem is apathy in this state, the tangent to that is people don’t trust the government. That’s the word they use, by the way. Don’t trust Albany. I don’t trust state government. That, to me, is a damning comment. Any relationship is about trust. When your significant other says I don’t trust you, you’ve got zippo going. I have to rebuild the trust. How do I rebuild the trust? Don’t do anything stupid, no stupid scandals, actually perform, and do everything you can to try to reaffirm, you know? You get into trouble with your significant other, you give them your Blackberry. You say, look: I’m not having anything. The equivalent is sunshine, transparency, here it is. You want it? Here it is. Ask me anything, I’ll show you. That’s the Freedom of Information Law.”

We’ve got a story in today about Gov. David Paterson’s plan for state employee layoffs by the end of the year.

Additionally, an excerpt from this message that we’re told  went out from State Ed’s CEO Valerie Grey suggests 47 people will be laid off there by year-end as well:

In my last communication with you regarding the Workforce Reduction, I promised to keep you informed. This communication is to update you on where we currently stand.

The State Education Department has been directed to reduce its workforce by 153 FTEs. After adjusting for early retirements, other separations, and projected attrition and backfills, we estimate that 47 layoffs will be necessary. Our Office of Human Resources is analyzing our proposed plan and determining employee impact.  The reduction in workforce is to be completed by the end of the year.

These are very challenging times and we appreciate your hard work and dedication. As new information becomes available, we will send additional updates.
Val

Paladino greeted voters at Quintessence. (Michael P. Farrell / Times Union)

Carl Paladino rallied this morning in Albany, both at Quintessence Diner on New Scotland Avenue and the back steps of the Capitol.

His rally drew around 50 people, including Troy Mayor Harry Tutunjian (who lingered nearby), Senate candidate Bob Domenici, Albany County Conservative Chairman Richie Stack, Albany County Republican Chairman John Graziano Sr., Bethlehem Republican Chairwoman Melody Burns and Republican State Chairman Ed Cox. Some supporters waved the yellow “Don’t tread on me” flag that has been adopted as a Tea Party banner. All said the pledge of allegiance before the rally began.

“Are you mad as hell?” Paladino started, firing up a crowd so passionate it cut into the candidate’s own speech. “We’re going to have to hose this building down after we take out the trash!”

“Terminex! Terminex!” a supporter shouted.

Paladino’s speech focused on Democratic candidate Andrew Cuomo, and charges of selective prosecution during his tenure as attorney general. He pointed to the case of Alan Hevesi, who pleaded guilty earlier this month to taking part in a pay-to-play scheme involving the New York State Common Retirement Fund. It’s unclear whether Hevesi will be sentenced to jail time, but Paladino is convinced that after the election, Cuomo’s office will recommend leniency: “The man stole a million dollars and he’s going to walk — Hevesi and his kids.”

Cuomo has burnished himself as someone who fought public corruption, and denies any politicization. He notes he’s put both Republicans and Democrats in jail.

Cox said that “Cuomo is the incumbent,” as evidenced by a “Rose Garden” campaign and a record of long-ties to Albany and state government.

They also attacked Cuomo for saying that he would slow spending growth but not specifically cut.

Paladino defended his comments yesterday that Sen. Kirsten Gillibrand is “Schumer’s little girl.” The junior senator attacked Paladino, saying “The fact is that I don’t take a back seat to anyone when it comes to fighting for New York. While I have delivered solutions, Mr. Paladino has delivered insults.

“Mr. Paladino’s campaign has been a disservice to New Yorkers. His divisive behavior and name calling is offensive to women and unacceptable in any circumstance.”

Video of the rally is below:

The nod for Savage, running against Sen. Hugh Farley, comes amid a flurry of endorsements by the Democratic gubernatorial nominee. Cuomo is scheduled to appear in Ballston Lake tomorrow — possibly providing the backdrop for a grip-and-grin with the pair. Her release:

Susan Savage, Chairwoman of the Schenectady County Legislature and candidate for the 44th Senate District was endorsed today by Attorney General and gubernatorial candidate Andrew Cuomo. The Attorney General pointed to Susan’s accomplished record of creating jobs and delivering property tax relief 4 of the last 6 years for Schenectady County taxpayers as the basis for his support.

Elected in 2004 as Chairwoman of the County Legislature, Susan’s focused effort on economic development has created more than 3,500 new private-sector jobs and attracted more than $400 million in private sector investments to Schenectady County. Under her leadership, the county has become a recognized leader in government shared services and consolidation, and is also the first county in the state to utilize Canadian drugs which saves local taxpayers more than $10 million annually.

Attorney General Cuomo also cited Susan’s record of consolidating services and reducing the size of Schenectady County government by nearly 250 positions to save the taxpayers money.

“As a local leader, Susan Savage has clearly demonstrated how an innovative and fiscally responsible approach to government works,” Mr. Cuomo said. “Susan has focused on the issues that matter to local taxpayers – creating jobs, lowering taxes, and making government more accountable and responsive. By electing proven leaders for Upstate like Susan, I know we can give New Yorkers a government they can again be proud of.”

“I am very honored to have the Attorney General’s support because he is running for all the rights reasons, to rebuild our economic base and clean up the dysfunction and corruption in Albany,” said Susan. “State government needs to do things differently because taxpayers cannot afford the path politicians have had them on for decades. I am really looking forward to partnering with Andrew Cuomo and his administration as State Senator to rebuild the Upstate economy and focus Albany’s attention on the issues that matter to local taxpayers.”

Since 2004, Schenectady County’s economy has turned a corner. Besides new jobs and investments, Susan and her team have also rebuilt relationships with businesses and business leaders like General Electric so they stay and reinvest in the local economy. Because of her efforts, General Electric, who could have located their Renewable Energy headquarters anywhere in the world, chose Schenectady and brought more than 650 new engineering jobs to the region.

Cuomo concluded, “Many municipalities are at a breaking point, but Schenectady County has weathered this economic storm because of the smart choices Susan and her team have made. The residents of Montgomery, Fulton, Saratoga and Schenectady Counties will be well-served with Susan in the State Senate.”

Democrats are calling  Chris Gibson a hypocrite because his position on cap and trade doesn’t jibe with his campaign manager’s resume. Gibson has campaigned against cap and trade, a bill passed by the House that would place a cap on pollution emissions, but allow companies at risk of going over the cap to buy cap space from another company. Gibson’s opponent, Scott Murphy, voted for the bill, formally known as the American Clean Energy and Security Act or the Waxman-Markey clean energy legislation.

William Teator, a longtime Republican operative, replaced Gibson campaign manager Patrick Ziegler late last month.  Teator is also  president and CEO of  Capital Advocates LLC, a lobbying firm. It was in this role that he was hired by the Energy East Corporation (a subsidiary of the power company Iberdrola) and paid $20,000 to lobby FOR passage of cap and trade.

Teator’s lobbying disclosure form reads: “monitor and support language allowing ability for electric and natural gas distribution utilities to fairly serve ratepayers without unfairly increased costs. Fair allocation of carbon credits for the distribution of these energy services.”

State Democratic Committee spokesman Simon Brandler said the contradiction between what Gibson says and what Teator did is more proof Gibson is willing to say or do anything to get elected. Brandler referred to Gibson’s apparent switch on abortion and his flip on the small business jobs bill.

Teator isn’t the only lobbyist advising Gibson. John Faso was an early supporter and has donated to Gibson’s campaign. The candidate also has influential help from along  Jason Powers, a  lobbyist whose father, Bill Powers, was the former chairman of the New York Republican State Committee.

Gibson spokesman Dan Odescalchi was having none of it.

“Regardless what baseless claims Scott Murphy hurls at our campaign out of desperation, Chris has been very clear on all his positions. Chris is the candidate, he sets the policy direction and it is his leadership attracted all his support.”

Domenici.

I wrote an article today in which Sen. Neil Breslin offered more details about last Tuesday evening, when he was pulled over by a State Trooper. The Trooper administered field sobriety tests to Breslin, and sent him on his way without filing charges.

Breslin had not returned calls from the Times Union, and his spokesman Austin Shafran said he had “absolutely not” been drinking that night. Breslin contradicted that when we finally were able to speak to him, and his Republican opponent Bob Domenici is seizing on the story. He will hold a press conference at 11.

“It goes to the heart of what we say is wrong with state government, the total corruption we see in our state government,” Domenici told me before standing behind Republican gubernatorial candidate Carl Paladino at a rally. “When you have an official like Neil Brelsin turn off his lights, hide in his office and it comes out that he changes his statement, that he might really have had a DWI, well you know what? It’s time for Neil to come clean. It’s time for him to ask the State Police to release those records so the public can understand what really happened. It’s time for his spokesman, Shafran, to resign for lying to the public and it’s time for Neil Breslin to take a lie detector test and release those results. If he doesn’t, how can we ever trust our state government? Neil, stop hiding, come clean.”

The mailer, with Redlich's address redacted.

I’ve gotten several calls and e-mails from people who received the above mailer, which prints Libertarian Party gubernatorial candidate Warren Redlich’s home address, says he is a “public danger” and urges people to “call the police.”

It notes this blog post, where Redlich muses about underage girls and their sexual proclivities while commenting on a Miley Cyrus photo spread:

The story also hits on how Puritanism is still so prevalent in America. The greatest love interest in the history of romance is at least arguably Juliet from Romeo and Juliet. Juliet was 13 years old. For some reason females become fertile in their early teens and peak before the age of 18. You would think those who believe in the theory of evolution would see this as the design of the species. And in an interesting alliance with Darwin, shouldn’t religious people (and not just those in cults) believe teenage girls should be sexually active (in marriage of course), as that would appear to be the intent of the intelligent design? Instead both groups appear to be together on the opposite side.

Everyone who has contacted me about the flyer has been disgusted by it, and one reader noted it landed in his mail box the same day as a flyer supporting Kristen Davis, the Anti-Prohibition Party candidate. The two mailers share the same postal permit. Redlich was not seeking coverage of this, and we abided by his request to redact his home address.

“It’s an absolute disgrace,” he said. “Nothing I’ve ever written would qualify me as a sexual predator more than it would qualify William Shakespeare as a sexual predator…I think discussing what I wrote is attacking the victim. The fact that I think the Miley Cyrus story was overblown does not make me a predator, and it’s not even close.”

“Being a candidate, shouldn’t subject a candidate’s children to this kind of abuse,” he added.

I asked Roger Stone, a self-avowed political dirty trickster and Davis’ campaign manager, if he knew about the mailer. (The sex predator flier came from a group called “People for a Safer New York” that I can’t find a record for.)

“I’ve seen both mailers, I think that they’re both accurate. People for a Safer New York is called a first amendment group,” Stone told me by phone. “I’m in touch with them. Who are they? They’re a first amendment organization I urged them to do this, this is a first amendment issue.”

He defended the flier, even though he declined to claim credit for it when I asked him. (Or otherwise characterize how heavily involved with this he is.)

“Let’s be very clear: everything here is 100 percent legal, everything here is 100 percent accurate,” Stone said. “As somebody who has two granddaughters, I really find Redlich’s advocacy and defense of sex with underrate girls disgusting and repugnant, and voters need to know about it prior to voting on Tuesday.”

The exact circulation is not known; Redlich estimates a few hundred went out, and he’s gotten calls from around the state. Redlich said “no comment” about taking legal action.

“I don’t want this story spread because I have children,” Redlich said on the radio. “Let’s be clear about my sick alternative lifestyle: I’ve been married for 15 years, I have two children, I live in suburbia on a cul de sac and my kids go to public school.”

“It’s a horrific smear and it’s designed to take the discussion away from the change we need in Albany,” Redlich said. “This is a prime example of why we need change in Albany. Politics is full of sewer rats like Stone and Michael Caputo,” Paladino’s campaign manager and a Stone protege.

Good morning! For those of you watching the World Series (I’m not…some expansion team from Texas and some team that left New York just doesn’t interest me) I think last night we saw evidence of an old truism: God loves to see a Texan cry. On another note, Carl Paladino is in town today, and I’ll be spending some time with him. Here are some headlines…

Gov. David Paterson is ordering 898 layoffs before he leaves office, a move that public employee unions blasted and that is likely subject to a legal challenge. (TU/NYP/BN)

The New York State Theater Institute is at least $200,000 short, and will likely close in December. (TU)

Sen. Neil Breslin admitted he was drinking last week before he was pulled over by a Trooper, a reversal of what a spokesman said. (TU)

Comptroller Tom DiNapoli accepted $340,000 from law firms doing potentially lucrative business on behalf of the state pension fund. (NYP)

Sen. Kirsten Gillibrand is selling her house in Hudson. (NYT)

Paterson broke ground on the Aqueduct racino. (DN)

Andrew Cuomo has been sending campaign money to local Democratic clubs. (DN)

Cuomo loves muscle cars, agrees to photograph in sweat shirt. (NYT)

Bob Duffy, his candidate for lieutenant governor, says he’s his “soul mate.” (NYT)

Carl Paladino bashed Cuomo on Long Island. (NY1)

He called Sen. Kirsten Gillibrand “Schumer’s little girl.” (NYT)

A Wall Street Journal poll found Paladino trailing far behind Cuomo in New York City. (WSJ)

Scott Waldman looked at both candidates’ plans for education. (TU)

GOP candidates Dan Donovan and Harry Wilson will campaign together, but not with Paladino. (NYP)

Someone used custard to write “homophobe” and “racist” on Carl Paladino’s campaign office in Brighton. (YNN)

The Times Union Editorial Board endorsed Breslin, Roy McDonald and Susan Savage for the Senate. (TU)

Which New York loudmouth would you never like to hear from again? (WSJ)

Outside groups are pouring money into the Senate race between Assemblyman Jack Quinn and Tim Kennedy. (BN)

The Buffalo News endorsed Quinn for the Senate. (BN)

Sen. Kirsten Gillibrand endorsed Mike Kaplowitz for Senate. (Journal News)

Sen. Suzi Oppenheimer leads Bob Cohen by six points. (Iona)

Gibson’s supporters opponents sent mail attacking wasteful spending to voters…in the wrong district. (WDT) (UPDATE: I mis-typed this morning in haste. Apologies.)

Here’s how you can get tickets to see Bill Clinton and Rep. Scott Murphy on Monday. (TU)

MoveOn.org attacked Chris Gibson for taking corporate money. (TU)

The Press-Republican looks over the race. (Press-Republican)

Clyde Haberman says New York City’s ballot proposals are a Morton’s Fork. (NYT)

John Sampson raised $110,000 last week. (NYO)

The Columbia County Independence Party is backing Republican Steve McLaughlin for Assembly over Tim Gordon, an Independence Party member. (TU)

Carol DeMare looks at the race for Albany County surrogate judge. (TU)

Jeffrey Zogg, leader of the General Building Contractors Association, 61. Calling hours tonight. (Business Review)

No major weather systems are forecast for Upstate America on Election Day. (BN)

City Hall’s weekly winners / losers. (City Hall)

Here are some national headlines…

Obama’s campaign stops are very calculated. (WP)

President Bill Clinton tried to talk a Democratic candidate into dropping his bid to be Florida’s senator. (WP)

Stuff is breaking Chuck Schumer’s way in the possible race to be Senate majority leader. (Politico/NYT)

And below, Assemblyman Greg Ball proclaims that he is the Malcolm X:

Democratic Senate candidate Susan Savage was joined by Ross Levi, executive director of the Empire State Pride Agenda, at an afternoon press conference at the Capitol where they called on Sen. Hugh Farley to apologize for his statement earlier this month at a candidate forum that “same-sex marriage is an abhorrent situation.”

Savage called that a “divisive and hurtful” thing to say, and claimed that Farley’s anti-gay expressions “rival even those of Carl Paladino.”

“We’ve all seen the headlines about young people who have taken their own lives because of intolerance,” Savage said.

Savage also listed Farley’s use of “retarded” to describe his own grasp of technology, and the Republican’s description of hydrofracking opponents as “environmental terrorists.”

Levi said Farley’s use of “abhorrent” (defined, he noted, as “causing disgust or hatred”) was an insult to “loving, committed couples in his own district” and a sign of what he called the senator’s “out-of-touch, anti-equality voting record.” The Pride Agenda previously endorsed Savage.

Democratic Senate candidate Susan Savage was joined by Ross Levi, executive director of the Empire State Pride Agenda, at an afternoon press conference at the Capitol where they called on Sen. Hugh Farley to apologize for his statement earlier this month at a candidate forum that “same-sex marriage is an abhorrent situation.”

Savage called that a “divisive and hurtful” thing to say, and claimed that Farley’s anti-gay expressions “rival even those of Carl Paladino.”

“We’ve all seen the headlines about young people who have taken their own lives because of intolerance,” Savage said.

Savage also listed Farley’s use of “retarded” to describe his own grasp of technology, and the Republican’s description of hydrofracking opponents as “environmental terrorists.”

Levi said Farley’s use of “abhorrent” (defined, he noted, as “causing disgust or hatred”) was an insult to “loving, committed couples in his own district” and a sign of what he called the senator’s “out-of-touch, anti-equality voting record.” The Pride Agenda previously endorsed Savage.