Brothers -- 11 and 18 -- shot in Schenectady, budget gap could be partially plugged with sales tax, woman bitten by fox in Albany

Schenectady police say two brothers -- one 11-years-old, the other 18 -- were shot yesterday near Jerry Burrell Park (map). The SPD said it had a suspect in custody last night. Police say they're not sure if the brothers were the intended targets. [Daily Gazette $] [TU] [CBS6]

The latest turn in the state budget drama: the state sales tax exemption on clothing could be eliminated. David Paterson said this morning "a combination of a few taxes and rather severe cuts to services is the best solution" to closing the budget gap. Dean Skelos says state Senate Republicans won't vote for new taxes -- even if it means a government shutdown. [TU] [Buffalo News] [NY Post]

Chuck Schumer has recommended Albany attorney Mae D'Agostino for a judgeship in the New York's Northern District of federal court. She would be the first woman from Albany to serve as a federal judge in the district -- and would be the only woman on the federal bench in upstate New York. D'Agostino went to Siena and Syracuse law. Her law practice has been focused on representing doctors, hospital and insurance companies in medical malpractice cases. [Schumer release] [TU]

As he rails against "special interests" in gubernatorial campaign, Andrew Cuomo has been racking up campaign cash from... special interests. [NYT]

Albany police say they've arrested a NYC cop for allegedly trying to lure a 5th grader into his truck yesterday morning on Washington Ave (map). They say the man allegedly asked the girl repeatedly if she wanted to "make some money." [CBS6] [TU] [WTEN]

State comptroller Tom DiNapoli announced the state pension fund will be suing BP over investment losses related to the Gulf of Mexico oil leak. DiNapoli says BP "misled investors about its safety procedures and its ability to respond to events like the ongoing oil spill." [NYS OSC] [TU]

A judge has ruled that the man convicted of plotting to kidnap former Rensselaer County DA Patricia DeAngelis can't withdraw his plea because of DeAngelis' victim impact statement, in which she threatened to kill him if he ever came near her or her family. [TU] [Troy Record]

The family of Benjamin Osborn, the Queensbury native killed last week in Afghanistan, are criticizing the military's rules for engagement in the conflict. NYT reported earlier this week that many troops on the ground there think the rules, intended to reduce civilian casualties, are putting them in greater danger. [TU] [NYT]

Albany Medical Center is proposing to close a section of Myrtle Ave for 30 months in order to aide construction of the hospital's expansion (map). [TU]

Rensselaer County DA Richard McNally says most of the teens accused of trashing that house in North Greenbush have taken plea deals. [Troy Record]

In addition to the bear sighted in Bethlehem yesterday, Albany County officials say a woman was bitten by a fox in north Albany (map). [CBS6] [Fox23]

Collins Lumber, in business for 122 years in Troy, is closing. [TU]

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I'd be in favor of a "Tree Fee" via special assessment on all properties - including all the tax exempt - in the City, which would give the department the funds they need to adequately care for our street trees. A dollar amount per foot of street frontage would make it fair. It also would not have to be much as it would include much more property than our regular property taxes here. And yes, I am a homeowner who pays the high taxes here. But an extra $40 a year is not going to break me, and would provide immense benefit to the city at large. ...

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