conversations. give up a like if you would. we are back here at 11:00 eastern and 5:00 p.m. eastern with the latest buzz. let's stark with the alert the ukraine plunges into political turmoil. the parliament has picked a temporary leader, but the embattled leader viktor yanukovich refuses to quit. he has fled the capital, leading protesters to cheer. >> they have come and change things here, so we are really happy. >> well, it is now 7:00 p.m. in kiev, darkness is following, but many hope this is the start of a bright new future. hello, everyone. >> it is such a relief to see the tragic violence at least

come to an end for now. a lot has happened over the past few hours. the ukrainian parliament voted to temporarily send it over to the speaker, whose a close ally. she was recent le released from a pen stench area hospital where she was -- penitentiary hospital. >> reporter: susan rice was asked on some of the sunday morning shows how she would feel about russia potentially sending troops to the ukraine. she said that wouldn't be a good idea, but frankly, jamie, no one is speculating. we no that moscow is not happy about what's gone down in ukraine. we know they feel thattian cough

as you pensioned parliament got to the task of putling an acting president into place, a man without a huge political profile, but was close to the former prime minister. members of the opposition are calling for yulia released from, has asked she not be put forward. it is likely she will run for president? may. she got on fine with the kremlin when she was prime minister before. viktor yanukovich was voted out yesterday. he's still missing, very possibly in the area of eastern ukraine. according to the border guards, he tried to flee the country yesterday on a charter plane, but was stopped. thousands remain on independent square and plan to stay there until the situation is resolved.

jamie, yesterday, when former president yanucovich said he planned to tour the regions and shore up his support base, but i think it will be unlikely he will be doing that. there was an interesting report we read on ukrainian interfax, which is a news agency, the mayor of -- and then told journalists at the airport that yanucovich is, quote, history. >> we may not know for the next couple days. amy, we're glad you're there. eric? >> as jamie mentioned, with the former president essentially on the run, throws of ukrainance are flocking to the luxury country estate. take a look at what it looks like. they looked around, and what they found is astounding.

the gates of the estate were thrown open after the president fled, and protesters say the lavish grounds are a symbol of the extravagance. they found a replica of a private ship, gardens, a zoo with exotic animals. and here's a golf course. even some protesters took time themselves to play a few rounds. the excesses of the president the latest example of the trouble for the ukrainian people. later on in the newscast, we'll take a closer look of the country's bitter history as it charts a hopeful new future. a story we're following back here at home, police are investigating a carbon monoxide leak that happened at a long island mall. it killed one person and at least 27 orders were taken to the hospital, some in critical conditions. investigators say a restaurant's heating system may have been to blame. brian is looking into this story

that developed overnight. what is the latest? >> carbon monoxide is odorless, colorless, and it kills. more than 400 people die from accidental poisoning and more than 20,000 visit the emergency room. it usually happens in home. rarely do we hear about it at a mall or restaurant. that's what happened until legal seafood restaurant. police say stephen nelson died and 27 others were taken to area hospitals after being exposed to carbon monoxide, which appears to have been leaking from the heating system in the restaurant's basement. >> the original cause was that a women had fallen and had a head injury. that ultimately was not the person who was -- who died. that was someone else. but that's what started the response of the emergency

personnel. >> please started feeling lightheaded and nauseous themselves and began suspecting a carbon monoxide leak. they evacuated the restaurant, where they found the manager unconscious. she was pronounced dead at the hospital. >> when i came out there was just a whole bunch of ambulances everywhere, telling everybody to get checked out. the day was normal, and then all of a sudden it went downhill. >> police say the leak was confined to the basement. it does that appear that the leak maid it into the restaurant where the customers were. scrapie, there appears to be no laws in the u.s. requires businesses to have on carbon monoxide detectors, except residential rentals. jamie? >> fascinating. every apartment in my building was forced to put one in. that's really a shame. thanks, bryan. eric? it's the day for the daytona

500 set to kick off in about an hour from now. we are live at the daytona international speedway. hey, rick. >> hey, eric. 200 lapse, that's why it's 500 miles. the track -- this is the mastery of nascar and why the fans love this sport so much. you can barely see the track will, because the crowd is on it. we are just about an hour away from the start of the ways. nascar lets everybody gets on the field. there's a big concert coming up from luke ryan, and the pits where many people can have access to these pits. up close and personal with the driver. there is one story that's been permeating this year's race. that is the number three car form it was the number three car that in 2001 was crashed by dale earnhardt. he died on turn 4 at the end of

that race. since then the number 3 car has not been in use and a lot of people thought it should be retired. well, it is back this year, aughten di austin dylan will be driving it. it turned on the in the pre-races he qualified in first place, so the number 3 car, austin dylan,grandson of richard childress, who was good friends with dale earnhardt. he is starting with race in number one position. that has fans excited, 200,000 of the fans here this year for the race, eric. if you look way past my shoulder, you can see new assistants being built. this year they're working on adding additional seating. within the next two years they hope to have this like an nfl stadium with wifi, deluxe booths, suites, the whole things. big upgrades coming, but

referen this year it's all about the number 3 car. thank you, rick. it's a bit warmer today here in new york, but we are getting another shot of arctic air, getting set to blast across much of our country this week. sorry to break the news. temperatures dropping to 35 degrees below average, and there's a possibility of a bigger snowstorm for the mid-atlantic all the way up to new england. meteorologist jen steen, we were friends. come on. >> you at least enjoyed the little taste of spring we got, i know, because it's going to go downhill from here. the people experiencing the next blast of arctic air, the northern plains, so sing the digits, teens, 20s, and it will get even colder than that later this week. we also have the system that will bring a cup 8 inches of

snow over the next several days. the temperatures, that's the windchill, what it feels like. minus 27 in international falls. it just keeps coming, unfortunately for minneapolis. again, temperatures into the single digits, but thursday another big plunge. minus 1 is your daytime high. so get ready. unfortunately we have another few weeks of winter, it looks like. the radar right now, we do have showers across the gulf coast and snow showers across the northern plains, and eventually parts of the northeast. this will be a quick mover, not bringing a lot of snow, but certainly a nuisance. the northwest, you're getting pounded again by storm after storm. this will reach as far south as southern california this week, but we are going to monitor it. this will be where -- and then

we're going to monitor something across the gulf of mexico, and it could be a snow event for the mid-atlantic and the northeast. another busy week ahead. i hope you'll still love me. >> i do, but you can remind me when i complain about it being too hot. >> yes, someday. >> thank you so much. >> you got it. eric? >> 600 million more to medicate, almost 40% of that was filling in the renege of the government that they made. that commitment will not be there, and taxpayers will be on the hook. they will not be on the hook in wisconsin. >> that's scott walker criticizing the health exchanges this morning. with five weeks to go to try to reach the enrollment deadline, democrats like governor o'malley are defending the plan, saying obamacare is working. >> it's going much better and

will continue to improve. the main goal and the larger battle is to bring down the costs of health care, which is keeping us from being a more job-generating country. if every year you're kiting small checks for 17, 15, 18% increases in your health care. >> but this comes as the arkansas legislature has been voting to cut its state exchange program and the administration has now announced it wants to cut medicare advantage payments. that move could affect millions of voter americans. what does this mean for our health care system and people's care? joining us is john thune of south dakota, a member of the senate financial committee and chairman of the senate republican conference. senator, good morning. on one hand the administration wants to insure people, but what are they doing on the other hand? cutting benefits for people who are already insured?

>> good morning. unfortunately americans are being reminded on a daily basis of the broken promises and friday seniors became the latest victims. as you mentioned, these cuts now to medicare advantage will hurt millions of seniors who rely on that popular program for their health care needs. many of them choose it, because it's a procedure comprehensive way to get services, but what this does is essentially now uses the advantage program as an atm card to pay for obamacare. i think every member who voted for this train wreck will owe seniors in this country an explanation for they cuts. seniors already who are seeing higher costs and reduced access. >> you think it's a switch and bait? >> i do. this was part of it. when we were involve we talked about the medicare cuts and what

this would mean to the seniors and all these things are coming to fruition. the higher taxes are hurting small businesses, you're having to cancel coverages. and now you're having the cuts that are hitting our seniors who are beneficiaries of medicare advantage. this is kind of a slow motion train wreck that continues to hurt more and more americans. that's why so many of you believe we all to -- and coming up with a health care system in this country that benefits of american people. >> if you have medicaid advantage now and facing possible cuts, the administration says it will save money, it would lower costs. do you buy that? what do you say to people right now who are watching, who rely on this? >> well, it can't. it's going to increase costs. no way around it. when you expand coverage as much as they have and try to get more

and more people in, it's predicated on all the these cuts to help pay for that expansion. it's going to mean higher costs for people all over the place. this argument that somehow it will lower costs just isn't true. there's nothing in this program that put downward pressure on costs. the only thing that does that is competition and gives consumers more choice. this was a heavyhanded big government solution, where you have taking over one sixth of our economy. i think it's destined to fail. we're seeing the effects of that right now, and this is just yet another one, the medicare advantage impacts that will hit seniors all across the country. >> and coming up to the deadline, vice president joe biden this past week was caught on camera at a minnesota coffee shop saying they may get 5 or 6

million, he called that a hell of a good start, but they may already be low-balling the number of enrollees. do you they they will get the numbers they need and more importantly the types of people they need? young people, for example. >> i don't think they'll hit the number, and i don't think they'll get the demographic. that's why i say in farther this is built on a faulty foundation. that's why you see the congressional budget office coming occupy with a report that this is going to reduce full-time jobs in this country by 2.5 million, and it's also going to reduce by 1% take-home pay. you'll see reduced wages, fewer jobs. that's the impact of this, the long-term impact of this, and the fact that they're not getting the sign-ups i think suggests that the american people don't have a high level of confidence. i think you will see more and more of these dislocations and distortions in the health care

marketplace in the weeks and months ahead as they don't reach those numbers, and those who are participating providers and insurers, who will have to raise their costs even more. >> and finally, senator, quickly supporters, of course, say people who need insurance will now finally be covered thankfully, but your prediction is that it could spell trouble? >> it could. the thing is, of the people that have signed up and enrolled in the exchanges, they say only about 10% are people who don't currently have coverage of some sort. granted, because of the expanse of medicate, they'll get more people enroll, but there will be an awful lot of people who get their health care through their employer, who will continue to see these escalating premiums, higher deductibles, cancellation of coverages, and less access to doctors. fewer doctors will be available to serve them. those are the things that most people are going to see. will they get some people

covered under medicaid? yes, but in the long run, this is the wrong formula, and in a bad prescription for health care in this country. >> senator john thune, thank you for joining us on the telephone this morning from south dakota, and of course five weeks to go about of that march deadline. thank you. thank you, senator. the $2 trillion promise made to improve the world's economy. will it work? who made it? and is much of it going to come out in your wallet? hi, i'm terry and i have diabetic nerve pain. i worked a patrol unit for 17 years in the city of baltimore. when i first started experiencing the pain, it's, it's hard to describe because you have a numbness... but yet you have the pain like thousands of needles sticking in your foot.

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you'll likely hear more reporting about a major pledge from the world's top economies. the leaders at the g-20 summit in sydney, australia, vowing to booth the entire world's economy with a whopping $2 trillion, though in these times it doesn't seem like that much, over the next five years. we asked or senior correspond to come in and explain to es the significance and hopefully the impact of this cash infusion. where is the money coming from,

brenda? and will we benefit? >> here's the deal. it's all very well and good to say and i wish, and we will infuse the world economy by 2% or $2 trillion. i would like to look like jennifer aniston. i don't have that chance. i don't think this is going anywhere, either. it's just a statement. it says we're going to increase the world economy, but at in the point they have no road map to getting there. >> so all these countries can talk and throw out numbers, and no one is willing to put up the money? >> it's not so much the money. it's going to be government policy. the next step is that every country will come up with a plan to how they're going to grow their economies. of course, they want to grow their economies anyway, but we see so many different challenges. high unemployment here, a lot of spending, austerity programs in europe. china is slowing down. we face a lot of headwinds for

growing the global economy, and at this point, i'm not sure there's any way we're getting there. >> can we tell if the new fed chair is a plus or minus in terms of stimulating the economy? or is it too soon to judge? >> here's the deal. she is following very much in the steps of her predecessor, ben bernanke. she's going to start tapering off all the money that we've been pouring into the economy. that means a couple things for us. that will mean higher interest rates. you saw how the stock market has been going up and down, up and down. this pouring of money. this bond buying binge of easy money has given a big boost to the stock market. i think we could see maybe more than a correction. >> so how can the average person, who is us and viewers, take advantage of this situation now? is there anything we need to do? >> i think you have to recognize

that interest rates will not go up. i don't think they'll go up any time soon. the other thing is that we in america -- the president just put out -- is just going to put out a budget that has billions more dollars in spending. so how that is going to decrease unemployment or raise our growth levels, we have a problem here, not just the 20 countries of the imf. there is one other thing. the secretary of the treasury jacob lew came out praising it. so more regulation is something we may expect from this. >> if this -- if you don't mind, camera, to demonstrate -- for businesses? sometimes you have to show people -- >> and what all of this is just

a lot of words, a lot of saying. >> keep us up to date. we watch you on "bulls and bears" always here on saturdays on fox at 10:00 a.m. eastern. right now they're keeping a close eye on the continued turmoil in ukraine. coming up. the latest reaction on what could come next. plus a unique look back. the end we peaceful know it was the end of people who do that. [ sneezes, coughs ] i'veot a big date, but my sinuses are acting up. it's te for advil cold and sinus. [ male announcer ] truth is twon't relieve all your symptoms. new alka seltzer plus-d relieves more symptoms than any other behind the counter liquid gel. oh what a relief it is.

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fox news alert. we now have new reaction from capitol hill on the volatile situation we've been following in ukraine. lawmakers are weighing in after ukraine's parliament appointed a

new leader out of owing their former president. mike emanuel has more. >> senator mccain says it would be tough sledding in ukraine. his message is let the people determine their own future. kelley ayotte offered this take. >> they need to focus on a unity government, and i will say this, now that the olympics are over, we need to watch the behavior of the russians. i believe the president needs to up his game and send a clear, unequivocal public message to putin not to interfere is what is happening in the ukraine. >> national security adviser susan rice warned today it would be a grave mistake for russia to interview, it's no-no in the

interesting to renew a violence. secretary of state john kerry and lavrov spoke on sunday. kerry encouraged formation of a coalition government. today a leading senate democrat offered this assessment. >>i iayanukovych has always bee puppet of moscow. that's why he headed to the russian part of ukraine and why he ultimately will leave the country, i'm guessing, but we in the west can gather with the european union and put a force in ukraine that moves it towards western ideals and values. >> top lawmakers seem to be concerned about ukraine remaining one country and the people being allowed to choose a if the. >> mike emanuel, live in washington, thanks for the record. eric with more. >> jamie, the latest turmoil and cries is just the latest violent chapter. let's look at some of the

origins. they've had a complicated relationship with russia for decades. the country suffered two manmade famines caused by the takeover of peasant farmland. more than 8 million people perished. in world war ii, soviet and german armies with responsible for 7 to million more deaths. josef stalin's scorched earth policy burned whole villages and crops before the nazi invaded. you ukrainian independence finally came when the soviet union collapsed, but democracy and prosperity remained elusive. does putin want the ukraine back? marv marvin kahl is former moderator of "meet the press." with yanukovych apparently on the run, new elections planned for may, what do you think this

finally means for ukraine's future? >> it's totally unknown. it's impossible to say. what we do know at this time is that there is going to be a very small collision government set up hopefully within the next couple of days. that government will set up elections at the end of may, all you've pointed out, but after that, it's a very dark cloud, and nobody knows exactly what's going to happen. number one, the russians have always believed that ukraine is part, if not of their literally their empire, of their space, that they're entitled to control it. in fact, ukraine as a nation has only been independent since 1991. up to that point it's always been in one way or another part of russia. so the russians have an historical feeling that they own the place, and therefore, no matter what happens over the next couple of months, their

shadow over everything is going to be constant and i suspect fairly dark. >> is this the apparent defeat that it could be for russia and putin? or really not at all? >> i don't think it's a defeat to putin at all. it's not required that he move at this time in any dramatic way. he can wait to see how developments unfold. let's remember that the eastern and the southern part of ukraine, which is a large country of 48 million people tilt toward the russians. they speak russian. they feel an affinity toward russia, and therefore, it is possible, since the leaders of the eastern and southern parts of ukraine have already said that they do not abide by the decisions taking in kiev, so effectively you're beginning to see a kind of split within the country itself. and if the russians can somehow

encourage the eastern and the southern parts to lean in their direction, then what you're going to find is an effective split within the country itself. >> do you think the split could be institutionalized? we could have an east germany/west germany situation? >> it is conceivable that could happen. what the leaders of the southern and eastern parts of the ukraine have stated in the last 24 hours is they do not want a formal break. they believe that somehow they may end up being in charge of the western part of the ukraine as well. the west clearly does not buy that. so you have a collision between two parts of ukraine, the large shadow of russia hovering over all of this, and in the west you have the promise of economic assistance, but the russians have already promised $15 bill chron. so there is going to be a contest between east and west

built in, regardless of the nice-sounding rhetoric. >> we're seeing video of the motorcade of yulia tymoshenko, who was imprisoned for two years, and of course hailed as the revolution yar heroine, and she spoke to the crowd, but she has had tie toss russia. she's the one who negotiated a big energy deal with russia. >> she absolutely had ties. that is simply to say any ukrainian leader must have ties to russia, because they are linked. they are linked historically. they share a common border. the idea that you can imagine ukraine el detached from russia is unrealistic. so tymoshenko i think is probably the leading candidate to be the next president of ukraine, but she too wrist take

russia into account. there is no way for a ukrainian leader to turn her back on russia and say i'm going to do everything with the west. it's unrealistic. >> all right, martin, what an astounding turnabout. >> indeed of the. >> marvin kalb, always good to see you. >> thank you very much. eric. >> it really is. what inside he has, all those years. >> experienced. they are gearing up for a fight over raising the minimum wage. doing so would help millions of lower-paid workers, but it also could hurt hundreds of thousands of job. is it worth it? we'll have a debate, next. when you have diabetes like i do,

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the politics now, and the battle over whether or not to raise the federal minimum wage. it's heating up between the president and republicans on capitol hill. a new congressional budget office report, you know, the cbo, is offer ammunition to both sides. it says that raising the minimum wage would benefit millions of americans that are below the poverty line, but it will cost hundreds of thousands of people to lose their jobs. so what is the best way forward? joining us for a fair and balanced debate, ellen ratner, bureau chief for talk radio nfc service, and a fox news analyst.

put me up in the middle, but trust me i'm getting out of way on this one. welcome, lady. ellen, how critical is this for a system that's already anemic? >> it is anemic. -- you know, remember, this is the actual anniversary, jan 1914, when henry ford decided to pay his workers so much more money so they can buy his fords. listen, when i started works, it was $1.65 an hour. we couldn't live on that. that's why it's got to be tied to the increases in economy, and it's not. >> we're talking about federal workers, angela. what about all workers? >> well, jamie right now with an anemic economy you would think bell be logical, but it's farther from the truth. more people will lose jobs? >> why? >> because the bottom line is

taxes will increase. a small business in mississippi is much different than a small business in california. you cannot raise one level. if we are to do that, we should leave it up to the state and free markets. the cost of living is different throughout america. now, i'm not for people living in poverty, but the bottom line is this -- would you rather have a job and get paid or no job at all? >> but, angela, you have to admit, i agree, mississippi is different than new york or california, no question about that, but there's not to be a basic minimum. as you know, in that report they had two different options, one at 10.10, and another at $9. i happen to be in favor of the $10.10, but i'm a liberal. what do you but the fact is the ways of doing this. you can also let the states increase beyond that, but there's not to be a basic minim minimum. ellen, as a liberal in fair of

the higher rate, have you talked to any business owners? >> great question. >> of course, and i am a small business owner and i have raised our wages, because i think it's important. i know other small business owners do as well. you know, i'm not talking about people who are just, you know, one person perhaps in a store and that can be different, but even still, they have to earn a living wage. people have to be able to eat and pay rent. >> but people want to stay off the dime, though there seems to be a bit of an incentive to stay on it. if you cannot afford the necessities in life. angela, what's the answer? >> well, what we need to do, in 2014, we had certain tax credits that were taken away from businesses. we need more tax credits. we don't need more tax increases.

if you increase the minimum wage, payroll taxes will increase and cycles will increase. >> can i ask you this, angela? i'm not if favor or against. i'm just asking a question. if we don't increase and we're not able to put more money interest our economy for the large number of people who work at minimum wage jobs. how can we stipulate the economy, at least at that level? >> again, jamie, if you give people more of their money instead of uncle sam taking their money, we will put it back, but we have president obama who as increased taxes. now since we have the affordable care act there will be another increase. >> ellen, why isn't a reduction of taxes an answer? >> i think if el look at the trajectory of when we did the best in our country, some of it was when taxes were much higher. look at the kennedy era. taxes on people who made more money was much higher. >> different time. >> exactly, but history has to

be looked at in context. that's exactly the point. we are in a different time, but the least we can do if we're not going to increase taxes on the very wealthy, the least we can do is at least increase minimum wage. if you race, you'll have job loess, and less job creation. >> i see where where i'm looking the left says yes, the right says no. thank you, ladies. did you know it's party time in brazil? with thousands taking to the streets. what is the big bash all about? we'll fill you in. carnivale. i'm rdy, and i quit smoking with chantix. as a police officer, i've helped many people in the last 23 years, but i needed help in quitting smoking. [ male announcer ] along with support, chantix varenline is pron to help peop quit smoking. chantix reduced the urge for me to smoke. it actually caught me by surprise.

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the uncertainty in the ukraine has put renewed focus on the role of u.s. diplomacy. for a look beyond the news, here's li trotta with more. >> backing down as the russians outmaneuver him, president obama dared the ukranian leadership to do his will or else. wouldn't you think that mr. obama or at least his media handlers would recognize the

repetition of his empty threats and provide him with some new material to deliver the phony ultimatums? and while anti-government protesters enve lop streets of kiev, they stand leadership. as the athletes pack up their skis and skates in sochi today, the good-will of the olympics will no longer camouflage vladimir putin's latest effort to rebuild his cherished voef y soviet union. how did we get to this dismal point? or as kacey stengle said to a famous inquirer, can't anybody here play this game? the game is foreign affairs and it developed an instrument to carry it out, deploy macy.

the american service association is set to release new guidelines for the selection of foreign service officers. more specifically the qualifications of the campaign contributors appointed by the president. in the past political appointees, presidential friends with big bucks, usually accounted for roughly 28% of the ambassadors representing america overseas. under president obama, the number rises to 53%. career foreign service officers make up the rest. the recent senate foreign relations committee hearing for a confirmation of presidential candidates laid there clueless of high rollers, those who mr. obama think will be suitable commissaries. among them, those who have never been in the countries they represent, don't speak the language and expect no expertise for their possible assignments.

the white house choices range from a television soap opera producer to assorted unproven academics. even the least senses of them, senator baucus from montana, frankly told the committee, i am no expert on china. this admission underscores the trouble mr. obama has had in two key postings. china and russia. in china senator baucus will replace gary lach, another crony who earnged the chinese as well as the state department. he served only two years. in russia, ambassador mike mcfall, academic and in charge of the russian recent policy is also headed home after barely two years. given our shameful record in negotiating with putin, perhaps the best choice would be oprah. the gop national committee couldn't resist the invitation of satire and posted a how-to

guide entitled, "ambassadors for dummies." among the suggestions, find the country of your appointment on the map. and visit the country for at least one day. daily show host jon stewart joined the chorus asking, is there a rule that ambassadors can't have set foot in the country they are going to ambassador? would it ruin the surprise? diplomatic hopefuls felt a chill a few days ago when secretary of state kerry announced plans for a new post. special representatives for the arctic region. it would require he, he said, a high level of individual stature and expertise. right. it's more likely a penal colony for real foreign service officers who know too much. ♪ ♪

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the next time you nt a dvd, don't bother rewinding it. the way i see it, it's t next guy's problem. oh, larry. she thinks i'm crazy. mm-hmm. but would a crazy person save 15% on car insurance in just minutes? [ chuckles ] [ malennouncer ] 15 minutes for a quote is crazy. with esurance, 7½ minutes could save you on car insurance. welcome to the modern world. esurance. backed by allstate. click or call. is that a major party breaking out? yes, it is. thousands of folks are in brazil

having a fun time at the annual street carnival. thousands are in the street and we'll give you an early preview. but we are not there, we are here. great to have you here. i'm jamie colby. >> and i'm eric shawn. follow us on twitter. >> have a good day, everybody. i'm live from washington with several breaking stories we are update for you at this hour. the most wanted drug lord makes a crucial mistake to lead to his capture in mexico. plus, a night out for dinner takes a terrible turn after a carbon monoxide spill. and a father speaks out. >> i'm saving my daughter's life. i'm not worried about the consequences to me. >> we have an upstate on the case and the attorney who represents the parents of