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Imex Corporation sued Nextel Communications, Inc. in the
federal district court in Massachusetts. The gist of the complaint
was that in 1995, Nextel had constructed an antenna or "monopole,"
over 100 feet high, within several feet of a building leased and
occupied by Samos Imex under a lease that required Samos Imex to
make repairs to the building. Samos Imex claimed that the antenna,
which itself involved subsurface construction, had caused Samos
Imex's building to shift, resulting in structural damage and
rendering its freight elevator inoperative.
Prior to the suit being filed, John Carota, a structural
engineering expert, gave Samos Imex a report evaluating the
condition of the building, recommending repairs, and identifying
"the probable cause" of the damage to the building and the freight
elevator. The probable cause section of the report began by
concluding thattrial
by the expert, a list of his publications, disclosure of
compensation, and a list of other cases in which the expert has
testified within the preceding four years. In the same motion,
Nextel sought summary judgment on the separate ground that the
report, even if believed, did not establish that the antenna had
more likely than not caused the harm complained of; rather,
according to Nextel, the report dwelt solely in "could haves" and
"possibilities."
In August 1998, the district court heard oral argument
and decided the matter from the bench. It rejected the request to
exclude the engineering report as a sanction for violation of
discovery rules, but it entered summary judgment on the ground that
the report did not purport to establish that "more probably than
not" the antenna construction was the cause | {
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stated that Rafi had given him the gun, and told
him to deliver the gun and the car to a friend who would be waiting
for him on Merwin Street. He admitted, however, that he had
originally told the police that he found the gun under some leaves.
Paredes' trial before the U.S. District Court for the
District of Massachusetts began on November 4, 1996, and continued
until November 12. On that date, the jury returned a verdict
finding Paredes guilty on all three counts of the indictment. On
February 24, 1997, Paredes was sentenced as described above.
Judgment was entered on February 25, and Paredes filed a notice of
appeal on April 19, 1997.
II. Analysis
A. Jury Instructions
other evidence that could support his conviction on
the conspiracy count, Paredes contends that the possession count
was the cornerstone of the indictment because evidence that he was
in possession of the cocaine was the strongest evidence for a
conviction on the conspiracy and weapons counts.
Paredes claims that, since the cocaine was found in a
plastic bag beneath a towel underneath the front passenger seat,
some distance from the reach of his outstretched hand, he could not
be said to be in actual possession of the cocaine. In order to
convict him on the possession count, he claims, the jury had to
find that he was in constructive possession of the cocaine.
However, Paredes objects to the court's wording of the instruction
on constructive possession, specifically challenging the omission
of | {
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People v Hayes (2018 NY Slip Op 05197)
People v Hayes
2018 NY Slip Op 05197
Decided on July 11, 2018
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on July 11, 2018
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
BETSY BARROS
LINDA CHRISTOPHER, JJ.
2016-13024
2016-13026
(Ind. No. 2153/13, S.C.I. No. 8736/16)
[*1]The People of the State of New York, respondent,
vPrince Hayes, appellant.
Paul Skip Laisure, New York, NY (Caitlin Halpern of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Rhea A. Grob of counsel; Masha Simonova on the memorandum), for respondent.
DECISION & ORDER
Appeals by the defendant, as limited by histhe yards using their four large thrusters. This was a vital service given that every second spent moving cargo containers meant credits lost for a transfer yard boss, and most bulk freighter captains lacked the equipment to move their cargo across the final few kilometers from their vessels to the hands of their customers. The vessel measured 7.98 meters in length and required a single pilot to operate, with room for two passengers. It could be entered and exited through a rear hatch located between the four thrusters at the back of the ship, which was accessible by a retractable ladder stored beneath the cabin. The hatch would seal during flight using a hatch locking claw.[1]
The quadjumper's four cylindrical thrusters had engine intakes located at the front of | {
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People v Lewis (2017 NY Slip Op 08757)
People v Lewis
2017 NY Slip Op 08757
Decided on December 14, 2017
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided and Entered: December 14, 2017
108220
[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
vMARK LEWIS, Appellant.
Calendar Date: October 24, 2017
Before: Garry, J.P., Egan Jr., Mulvey, Aarons and Rumsey, JJ.
Henry C. Meier, Delmar, for appellant.
P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered January 14, 2016, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.
In satisfactionmunicipality was replaced with the city's first municipal constitution and government from 9 October 1790. Through the turmoil of the 1794 Thermidorian Reaction, it became apparent that revolutionary Paris's political independence was a threat to any governing power: The office of mayor was abolished the same year, and its municipal council one year later.
Although the municipal council was recreated in 1834, for most of the 19th and 20th centuries, Paris — along with the larger Seine département of which it was a centre — was under the direct control of the state-appointed prefect (préfet) of the Seine department (until 1968) and the prefect of Paris (1968-1977). This left the largest city in the nation as the only one without a mayor, meaning that Paris had less autonomy than | {
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People v Lewis (2019 NY Slip Op 08878)
People v Lewis
2019 NY Slip Op 08878
Decided on December 11, 2019
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 11, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
LINDA CHRISTOPHER, JJ.
2018-09862
[*1]People of State of New York, respondent,
vDashawn Lewis, appellant. Paul Skip Laisure, New York, NY (Samuel Barr of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Anthea H. Bruffee of counsel; Jade W. Sobh on the brief), for respondent.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (DineenRiviezzo, J.), dated June 22, 2017, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.
ORDERED that the order is affirmed, without costs or disbursements.
The defendant was convicted, upon his plea of guilty, of two counts of sexual misconduct. After a hearing pursuant to the Sex Offender Registration Act (see Correction Law art 6-C; hereinafter SORA), the Supreme Court designated the defendant a level three sex offender based on the assessment of a total of 125 points on the risk assessment instrument (hereinafter RAI). On appeal, the defendant challenges the court's assessment of 20 points under risk factor 7 (relationship with the victim).
Risk factor 7 of the RAI assesses 20 points if the offender's crime, inter alia, was "directed at a | {
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People v James (2017 NY Slip Op 02814)
People v James
2017 NY Slip Op 02814
Decided on April 12, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 12, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
2015-07172
(Ind. No. 7478/13)
[*1]The People of the State of New York, respondent,
vDeshawn James, appellant.
Lynn W. L. Fahey, New York, NY, for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Rhea A. Grob, and Roger T. Yu of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic,Cover Artist
Interior Artist(s)
Realm year(s)
Binding
Released
Pages
ISBN 10
ISBN 13
The Savage Frontier, the Barbaric North, the Cold Wastes, the Uneducated Backyard. These, among many others, are nicknames for the North. This is a land of rabid monsters and ruthless barbarians, where nature is the strongest force for leagues in any direction. The North campaign expansion for the FORGOTTEN REALMS setting is the authority on the lands from Daggerford in the south to Ten Towns in the north, from Anauroch in the east to the Ice Peak in the west.
This new campaign expansion contains everything a player or Dungeon Master needs to adventure in this savage and perilous territory, including:
The Wilderness – A 96-page timeline and geographical overview of the north, featuring a description of the land's natives and monsters and including out-of-print | {
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People v Leon (2019 NY Slip Op 08218)
People v Leon
2019 NY Slip Op 08218
Decided on November 13, 2019
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 13, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
2017-10159
(Ind. No. 1931/15)
[*1]The People of the State of New York, respondent,
vCarlos Leon, appellant.
Paul Skip Laisure, New York, NY (Meredith S. Holt of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, NY (John M. Castellano and Johnnette Traill of counsel; Kathleen Halliday on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limitednumber represented by a 1 followed by one-hundred zeros. Page and Brin write in their first paper on PageRank: "We chose our systems name, Google, because it is a common spelling of googol, or 10100 and fits well with our goal of building very large-scale search engines."
There are uses of the name going back at least as far as the creation of the comic strip character Barney Google in 1919. British children's author Enid Blyton used the phrase "Google Bun" in The Magic Faraway Tree (published 1941) and The Folk of the Faraway Tree (published 1946), and called a clown character "Google" in Circus Days Again (published 1942). There is also the Googleplex Star Thinker from Douglas Adams' The Hitchhiker's Guide to the Galaxy. In March 1996, a | {
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People v Grant (2017 NY Slip Op 01004)
People v Grant
2017 NY Slip Op 01004
Decided on February 8, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on February 8, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2008-02085
(Ind. No. 3618/06)
[*1]The People of the State of New York, respondent,
vEdwin Grant, appellant.
Edwin Grant, Dannemora, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Howard B. Goodman of counsel), for respondent.
Lynn W. L. Fahey, New York, NY (Barry Stendig of counsel), former appellate counsel.
DECISION & ORDER
Application by the appellant for abe in opposition to the official investigation, but rather seeks to uncover clues not yet discovered, and to pursue that evidence without interference from parties who are also liability holders in this case," the page reads. "We hope to plug doubts, overcome shortcomings, and improve the number of actionable leads towards in the search for MH370. The accountability of the authorities remains undiluted."
A massive multinational search to scour the southern Indian Ocean where Malaysian authorities said the plane crashed has turned up no wreckage.
The underwater search was postponed in late May. Australia said it will negotiate with private companies to conduct the next phase but that isn't expected to start until at least late July or August.
Some family members have been critical of the way Malaysia has handled | {
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People v Frazier (2019 NY Slip Op 08212)
People v Frazier
2019 NY Slip Op 08212
Decided on November 13, 2019
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 13, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
2018-04349
(Ind. No. 7280/16)
[*1]The People of the State of New York, respondent,
vJahquan Frazier, appellant.
Paul Skip Laisure, New York, NY (Martin B. Sawyer of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Diane R. Eisner of counsel; Jared D. Michael on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from aPlease turn on JavaScript. Media requires JavaScript to play. Advertisement A suicide bomber dressed in military uniform has attacked the UN World Food Programme offices in Pakistan's capital Islamabad, killing five people. Pakistan's interior minister said an investigation had begun into security lapses after guards had allowed the man into the compound to go to the toilet. Four of the dead are Pakistanis, the fifth is an Iraqi. The bomber died too. It is unclear who is responsible but suspicion will fall on the Pakistani Taliban, correspondents say. They promised revenge for the killing of their leader Baitullah Mehsud in a US drone strike in August and have been behind a series of recent attacks. Last week, at least 16 people died in two suicide car bomb attacks | {
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BRIAN MILLSAP V. SHOW TRUCKS USA, INC.
NO. 07-04-0230-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
DECEMBER 23, 2004
______________________________
ROSE M. YOUNG, a.k.a. GRAVES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2003-404531; HON. JIM BOB DARNELL, PRESIDING
_______________________________
ABATEMENT AND REMAND
__________________________________
Before QUINN, REAVIS, and CAMPBELL, JJ.
Rose M. Young, a.k.a. Graves (appellant) appeals her conviction for the
manufacture and delivery of a controlled substance and possession with intent to deliver
a controlled substance. The clerk's record was filed on August 9, 2004, and the reporter's
record was filed on September 30, 2004. Thus, appellant's brief was due November 1,
2004. That date passed without appellant filing a brief, however. So, on November 9,
2004, this Court notified appellant that neither the brief nor an extension of timeto file it
had been received by the court. Appellant was also admonished that if he did not respond
to the court's letter by November 19, 2004, the appeal would be abated to the trial court.
On November 19, 2004, counsel for appellant filed a motion for extension of time to file
appellant's brief, which was granted to December 15, 2004, with the admonition that no
further extensions would be granted. No brief was filed by that date. Yet, a week after the
deadline passed, that is, on December 22, 2004, counsel for appellant again moved for
and extension of time, contending that he had deadlines approaching in three other cases.
Why appellant's counsel deemed the briefing deadline in this appeal secondary to those
in the three other matters he mentioned went | {
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People v Brown (2016 NY Slip Op 05814)
People v Brown
2016 NY Slip Op 05814
Decided on August 17, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on August 17, 2016
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
THOMAS A. DICKERSON
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
2014-08617
(Ind. No. 2299/08)
[*1]The People of the State of New York, respondent,
vDavid Brown, appellant.
Lynn W. L. Fahey, New York, NY (Anna Pervukhin and Angad Singh of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Linda Cantoni, and Nancy Fitzpatrick Talcott of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant,by permission, from an order of the Supreme Court, Queens County (Aloise, J.), dated August 19, 2014, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered February 9, 2010, convicting him of kidnaping in the second degree, sex trafficking, promoting prostitution in the third degree, unlawful imprisonment in the first degree, and assault in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a hearing before a different Justice and a new determination of the defendant's motion thereafter.
The defendant moved pursuant to CPL 440.10 to vacate his judgment of conviction on the ground that he was | {
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People v Miller (2017 NY Slip Op 07645)
People v Miller
2017 NY Slip Op 07645
Decided on November 2, 2017
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided and Entered: November 2, 2017
107828
[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
vMICHELLE MILLER, Appellant.
Calendar Date: September 19, 2017
Before: McCarthy, J.P., Garry, Clark, Mulvey and Aarons, JJ.
Rebecca L. Fox, Plattsburgh, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jeffrey C. Stitt of counsel), for respondent.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered September 29, 2014, convicting defendant upon her plea of guilty of the crime of rape in the third degree (two counts).
Ina feeling he'll be taken away by Order members again. One theory i heard and liked is he had another dream, but this time the Grangers were being attacked, but he doesn't know if it's just another trap. However, members of the Order then turn up, tell him what happened and take him to either the Burrow or 12G.
The attack on the Grangers, unlikely as it sounds makes sense. We were told to watch the second movie for hints about future events and there was a scene where Lucius Malfoy gives the Grangers the eye. "...and your parents...muggles, aren't they?" - remember that line? Which was then followed up in GOF by Voldemort asking Lucius if he's up for a spot of muggle torture. With Hermione being so | {
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People v McMillan (2017 NY Slip Op 06970)
People v McMillan
2017 NY Slip Op 06970
Decided on October 4, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on October 4, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
ANGELA G. IANNACCI, JJ.
2016-04927
(Ind. No. 283/16)
[*1]The People of the State of New York, respondent,
vJudah McMillan, appellant.
Paul Skip Laisure, New York, NY, for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mondo, J.), rendered March 31,February 26nd 2016
Tour dates for May have been published.
++ Sunday, January 31st 2016
Today our next product, the historical city walk, has been launched. This tour is suitable for travellers with an above average interest in history, who are keen to learn more about the curious details of the history of our city and the exotic life in the Norwegian Arctic.
The historical city walk is also our first family-friendly tour, with discounts applicable for children as well as couples and friends - the more people you book for, the cheaper your ticket will get.
++ Sunday, January 17th 2016
Today our page on TripAdvisor has been activated.
++ Friday, December 11th 2015
Today we have the pleasure to announce that tickets to Skarven's master brewer's dinner in January are now available through our | {
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People, ex rel. Garcia v Smith (2019 NY Slip Op 05237)
People v Smith
2019 NY Slip Op 05237
Decided on June 27, 2019
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided and Entered: June 27, 2019
525800
[*1]THE PEOPLE OF THE STATE OF NEW YORK ex rel. EDWARD GARCIA, Appellant,
vBRANDON J. SMITH, as Superintendent of Greene Correctional Facility, Respondent.
Calendar Date: May 24, 2019
Before: Egan Jr., J.P., Lynch, Clark, Mulvey and Devine, JJ.
Edward Garcia, Jamaica, appellant pro se.
Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Elliott III, J.), entered August 17, 2017 in Greene County, which dismissed petitioner's application,in a proceeding pursuant to CPLR article 70, without a hearing.
In July 2016, petitioner was sentenced to 3½ years in prison, to be followed by three years of postrelease supervision, after pleading guilty to burglary in the second degree. In February 2017, petitioner commenced this proceeding pursuant to CPLR article 70 seeking a writ of habeas corpus alleging prosecutorial misconduct, that the indictment was jurisdictionally defective, that he received ineffective assistance of counsel, that he was denied the right to a speedy trial and that his guilty plea was coerced. Supreme Court dismissed the petition without a hearing, and this appeal ensued.
Inasmuch as petitioner has been released to parole supervision during the pendency of this appeal, the instant proceeding — wherein petitioner seeks the immediate release from custody | {
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People v Palacios (2016 NY Slip Op 01474)
People v Palacios
2016 NY Slip Op 01474
Decided on March 2, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 2, 2016
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
2013-06159
[*1]People of State of New York, respondent,
vFreddy Palacios, appellant.
Seymour W. James, Jr., New York, NY (Kerry Elgarten of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Daniel Berman of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (W. Miller, J.), datedPeople established that, four years before the crime, the defendant admitted that he had a history of drug and alcohol abuse, and further established that he was drinking alcohol and smoking marijuana on the night of the crime (see People v Pinckney, 129 AD3d 1048, 1048; cf. People v Palmer, 20 NY3d 373). In addition to the point assessments that the defendant does not challenge on appeal, the assessment of points under risk factors 7 and 11, upon the People satisfying their burden of proving the underlying facts by clear and convincing evidence, resulted in the assessment of 110 points, which supports the court's designation of the defendant as a level three sex offender.
The defendant's challenge to the assessment of 15 points under risk factor 14 (supervision) is, | {
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People v Disla (2020 NY Slip Op 04600)
People v Disla
2020 NY Slip Op 04600
Decided on August 19, 2020
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on August 19, 2020
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
SHERI S. ROMAN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
2017-08742
[*1]People of State of New York, respondent,
vRafael Disla, appellant. Paul Skip Laisure, New York, NY (Anna Kou of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Roni C. Piplani, and Michelle M. Yong of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Queens County (GeneRose wrote, citing his feud with former band mates.
The hall plans to enshrine him with whether Rose likes it or not, and despite the drama, some of his fellow inductees aren't going to let him spoil their big night.
"Who cares?" Ian McLagan of the Faces said when asked about Rose's slight.
Wood, who is being inducted for the second time, believes Rose will one day regret his decision.
"He'll think, 'I should have done it,'" Wood said. "Drop all the qualms and all the differences."
Rose won't be the only lead singer missing.
Stewart came down with the flu this week and can't perform in a Faces reunion.
"I'm absolutely devastated," Stewart said in a statement. "Shattered that I'm going to miss my second induction into the Rock and Roll Hall of Fame | {
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People v Fulton (2015 NY Slip Op 00217)
People v Fulton
2015 NY Slip Op 00217
Decided on January 6, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on January 6, 2015
Mazzarelli, J.P., DeGrasse, Manzanet-Daniels, Feinman, Gische, JJ.
13884 1042/10
[*1] The People of the State of New York, Respondent,
vJason Fulton, Defendant-Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Leila N. Tabbaa of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Dana Poole of counsel), for respondent.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered March 15, 2013, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourthdegree, and sentencing him to a term of five years, with three years' postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to 3½ years, and otherwise affirmed.
Defendant's appeal waiver did not encompass the issue of the severity of a potential enhanced sentence. We find the sentence excessive to the extent indicated.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 6, 2015
CLERK
| {
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People v Swenson (2016 NY Slip Op 00529)
People v Swenson
2016 NY Slip Op 00529
Decided on January 27, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on January 27, 2016
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
ROBERT J. MILLER
BETSY BARROS, JJ.
2010-09511
(Ind. No. 09-00961)
[*1]The People of the State of New York, respondent,
vDoreen Swenson, appellant.
Steven A. Feldman, Uniondale, NY, for appellant.
James A. McCarty, Acting District Attorney, White Plains, NY (Raffaelina Gianfrancesco and Laurie G. Sapakoff of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), renderedused interchangeable although one gets the sense that Bibia is mostly inhabited by the Madi even though the parish is administratively in Amuru District.
Omoro District has a sizeable community which is Lango (Luo) speaking because of being at the border between Acholi and Lango. Deputy Speaker of Parliament Jacob Oulanyah comes from one such community. Every election year, the geographical placement of his home village is used as parochialism to undermine his electoral chances. Fortunately, he has triumphed against the parochialism even though he has gone on to embrace another kind of narrowness, which makes him see Jesus-like qualities in long-ruling President Museveni. But that's for another day.Today is for Apaa - that hotly contested for chunk of fertile land. The government and its technocrats say Apaa is | {
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People v Dym (2019 NY Slip Op 06793)
People v Dym
2019 NY Slip Op 06793
Decided on September 25, 2019
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on September 25, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
2018-06032
(Ind. No. 11-00457)
[*1]The People of the State of New York, respondent,
vShmuel Dym, appellant.
Ellen O'Hara Woods, New City, NY, for appellant.
Kevin P. Gilleece, Acting District Attorney, New City, NY (Carrie A. Ciganek of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from an amended judgment of the Supreme Court, Rockland County (Kevin F. Russo, J.), rendered March21, 2018, revoking a sentence of probation previously imposed by the same court (William A. Kelly, J.), upon a finding that he violated conditions thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of course of sexual conduct against a child in the second degree (two counts) and endangering the welfare of a child (two counts).
ORDERED that the amended judgment is affirmed.
The defendant pleaded guilty to two counts of course of sexual conduct against a child in the second degree and two counts of endangering the welfare of a child, and was sentenced to a period of probation of 10 years. In 2016, two violation of probation petitions were filed, alleging that the defendant violated certain conditions of his probation. After a hearing, | {
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People v Smith (2016 NY Slip Op 01549)
People v Smith
2016 NY Slip Op 01549
Decided on March 3, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 3, 2016
Tom, J.P., Saxe, Richter, Kapnick, JJ.
370 3614N/11
[*1]The People of the State of New York, Respondent,
vRashawn Smith, Defendant-Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (William B. Carney of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sheryl Feldman of counsel), for respondent.
Judgment, Supreme Court, New York County (Renee A. White, J. at suppression hearing; Laura A. Ward, J. at plea and sentencing), rendered August 27, 2012, convicting defendant of criminal possession of a controlledinterest of justice.
As an alternative holding, we reject it on the merits. Defendant was smoking what appeared to an officer, based on his experience and training, to be a cigar that had been modified for the purpose of smoking marijuana. This provided, at a minimum, a founded suspicion of criminality justifying a common-law inquiry (see People v Brown, 308 AD2d 398 [1st Dept 2003], lv denied 1 NY3d 595 [2004]), even though, from his vantage point, the officer could not determine with certainty whether defendant was smoking marijuana or an ordinary cigar. After defendant dropped the "blunt," which the officer confirmed to be marijuana by its odor, the police had probable cause for defendant's arrest.
Regardless of whether defendant's behavior at the precinct satisfied the required predicate for a | {
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Matter of Cote (2019 NY Slip Op 02256)
Matter of Cote
2019 NY Slip Op 02256
Decided on March 22, 2019
Appellate Division, Fourth Department
Per Curiam.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 22, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ. (Filed Mar. 22, 2019.)
&em;
[*1]MATTER OF JOSEPH S. COTE, III, AN ATTORNEY, RESPONDENT. GRIEVANCE COMMITTEE OF THE FIFTH JUDICIAL DISTRICT, PETITIONER.
OPINION AND ORDER
Order entered suspending respondent for a period of one year, with the suspension stayed upon the terms and conditions set forth in the order.Per Curiam
Opinion: Respondent was admitted to the practice of law by this Courton January 14, 1988, and maintains an office in Syracuse. In 2018, the Grievance Committee filed a petition and supplemental petition alleging against respondent a total of five charges of misconduct, including neglecting client matters, engaging in sanctionable conduct in federal court, and failing to cooperate in the investigation of the Grievance Committee. Respondent responded to the charges by admitting material allegations of the petition and supplemental petition, and the parties thereafter confirmed to this Court that the pleadings raise no issue of fact warranting a hearing. Respondent has submitted written materials in mitigation of the charges and has appeared before this Court to be heard in mitigation.
With respect to charge one of the petition, respondent admits that, in 2008, his law firm agreed to represent a client | {
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People v Loaiza (2018 NY Slip Op 01201)
People v Loaiza
2018 NY Slip Op 01201
Decided on February 21, 2018
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on February 21, 2018
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
2004-01285
(Ind. No. 10710/03)
[*1]The People of the State of New York, respondent,
vAldeberto Loaiza, appellant.
Paul Skip Laisure, New York, NY (Patricia Pazner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Tina Grillo, and Anish Patel of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supremehis plea of guilty is granted, the plea of guilty is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.
The defendant, a noncitizen, pleaded guilty to criminal possession of a controlled substance in the fourth degree in late 2003, and a judgment of conviction was rendered in January 2004. Although a timely notice of appeal was filed, in early 2005, upon the People's motion, the defendant's appeal was dismissed as abandoned. In 2013, upon the defendant's motion, the dismissal was vacated and the appeal was reinstated.
Under the highly unusual circumstances presented, as the defendant's judgment of conviction is not yet final, he is entitled, on this direct appeal, to assert a claim of ineffective assistance of counsel based on Padilla v Kentucky | {
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People v Smith (2017 NY Slip Op 08541)
People v Smith
2017 NY Slip Op 08541
Decided on December 6, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 6, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.
1999-10278
(Ind. No. 6713/98)
[*1]The People of the State of New York, respondent,
vJulio Smith, appellant.
Julio Smith, Attica, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Ruth E. Ross of counsel), for respondent.
Paul Skip Laisure, New York, NY, former appellate counsel.
DECISION & ORDER
Application by the appellant for a writ of error coram nobis toinvention includes a rear ring, a main body, a locating part and a front ring. The rear ring has a threaded portion on an inner side. The main body has a central through hole for a set of signal wires having a main plastic covering tube to pass through; the covering tube is secured to a connecting portion consisting of several separate connecting plates at rear part of the main body with the rear ring being screwed onto the main body to press the connecting portion inwardly of the main body.
The wires are passed through a respective one of through holes of the locating part, which is secured to a front end of the main body by means of the front ring screwed onto a front end portion | {
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Matter of Princivil (2020 NY Slip Op 02032)
Matter of Princivil
2020 NY Slip Op 02032
Decided on March 25, 2020
Appellate Division, Second Department
Per Curiam
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 25, 2020
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
2019-09706
[*1]In the Matter of Rony Princivil, a suspended attorney. Grievance Committee for the Tenth Judicial District,petitioner; Rony Princivil, respondent. (Attorney Registration No. 2864288)
DISCIPLINARY PROCEEDING instituted by the Grievance Committee for the Tenth Judicial District. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in theAD3d 23), based upon unrelated charges. By decisions and orders on motion of this Court dated November 3, 2016, and February 6, 2019, the respondent's first and second motions for reinstatement were denied.
Catherine A. Sheridan, Hauppauge, NY (Nancy B. Gabriel of counsel), for petitioner.
PER CURIAM
OPINION & ORDER
.On August 8, 2019, the Grievance Committee for the Tenth Judicial District personally served the respondent with a notice of petition and a verified petition, both dated July 31, 2019, and duly filed those papers with this Court together with an affidavit of service. The verified petition contains six charges of professional misconduct, which allege, inter alia, that the respondent, a suspended attorney, practiced law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, failed to | {
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People v Ramos (2017 NY Slip Op 02065)
People v Ramos
2017 NY Slip Op 02065
Decided on March 22, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 22, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
HECTOR D. LASALLE
BETSY BARROS, JJ.
2014-09023
(Ind. No. 1262/08)
[*1]The People of the State of New York, respondent,
vDavid Ramos, appellant.
Lynn W. L. Fahey, New York, NY, for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Jenna Tersteegen on the brief), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings CountyBOSTON, MA - A new research study led by Brigham and Women's Hospital (BWH) published in The Journal of the American Geriatrics Society in May, shows an association between midlife and later life sleeping habits with memory; and links extreme sleep durations to worse memory in later life. The study suggests that extreme changes in sleep duration from middle age to older age may also worsen memory function.
"Sleep Duration In Midlife and Later Life In Relation to Cognition: The Nurses' Health Study," led by Elizabeth Devore, ScD, instructor in medicine in the Channing Division of Network Medicine at BWH found that women who slept five or fewer hours, or nine or more hours per day, either in midlife or later life, had worse memory, equivalent to nearly two | {
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People v Jones (2019 NY Slip Op 04966)
People v Jones
2019 NY Slip Op 04966
Decided on June 19, 2019
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 19, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
ALAN D. SCHEINKMAN, P.J.
MARK C. DILLON
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
2015-10141
(Ind. No. 8099/13)
[*1]The People of the State of New York, respondent,
vRichard Jones, appellant.
Paul Skip Laisure, New York, NY (Lauren E. Jones of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Michael A. Gary,J.), rendered October 1, 2015, convicting him of robbery in the first degree (two counts) and robbery in the second degree (three counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress in-court identification evidence and, in effect, to suppress evidence that he was identified from a cell phone video.
ORDERED that the judgment is modified, on the law and the facts, (1) by vacating the conviction of robbery in the first degree under count one of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment, and (2) vacating the conviction of robbery in the second degree under count two of the indictment | {
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People v Grasso (2020 NY Slip Op 00877)
People v Grasso
2020 NY Slip Op 00877
Decided on February 5, 2020
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on February 5, 2020
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
BETSY BARROS
ANGELA G. IANNACCI, JJ.
2015-02772
(Ind. No. 80/12)
[*1]The People of the State of New York, respondent,
vLuigi Grasso, also known as Ronald Petrino, also known as Renato Santini, appellant.
Luigi Grasso, Romulus, NY, appellant pro se.
Michael E. McMahon, District Attorney, Staten Island, NY (Anne Grady of counsel), for respondent.
Paul Skip Laisure, New York, NY (Patricia Pazner of counsel), former appellate counsel.
DECISION & ORDER
Application byFur Market on Upward Swing Again
A couple of news releases in recent weeks came across my desk. Initially, they did not seem to mean a great deal to our little corner of the fur trade. But then, after further exploring these events, I begin reflecting on the significance these events hold for our wild fur markets.
First was a report issued by THE SANDY PARKER REPORT newsletter. Sandy has been publishing his report for nearly 35 years. He was based in the fur district in New York. But that enclave, once the hub of the North American fur trade, is no more. Understandably, he has moved on to greener, and I might add more tax friendly, turf. I first met Sandy about 30 years ago in New York during | {
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People v Bell-Scott (2018 NY Slip Op 04192)
People v Bell-scott
2018 NY Slip Op 04192
Decided on June 8, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 8, 2018
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND CURRAN, JJ.
666 KA 17-00993
[*1]THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
vRAMEL BELL-SCOTT, DEFENDANT-RESPONDENT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA M. WHITE OF COUNSEL), FOR APPELLANT.
Appeal from an order of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), dated September 20, 2016. The order granted that part of defendant's omnibus motion seeking to suppress oral statements made toThe U.S. Secret Service tweeted a tribute to the late George H.W. Bush as the agency concluded its security detail for the former president.
The Bush Protective Division wrote a dispatch at 6 a.m. Friday from the George Bush Presidential Library in College Station, Texas, saying their assignment was complete, with no incidents to report.
Bush was buried Thursday at the library, which is located at Texas A&M University.
"God speed Former President George H.W. Bush – you will be missed by all of us," the message reads in part.
Secret Service agents served as honorary pallbearers at some of this week's events honoring the 41st president, who was known by the code name "Timberwolf."
The complete dispatch reads:
"Timberwolf's Detail concluded at 0600 hours on December 7, 2018 with no incidents to report | {
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People v Velez (2017 NY Slip Op 07223)
People v Velez
2017 NY Slip Op 07223
Decided on October 17, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on October 17, 2017
Tom, J.P., Richter, Andrias, Gesmer, Singh, JJ.
4702 1387/13
[*1]The People of the State of New York, Respondent,
vJose Velez, Defendant-Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (William B. Carney of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Valerie Figueredo of counsel), for respondent.
Judgment, Supreme Court, New York County (Patricia M. Nuñez, J. at hearing; Richard Carruthers, J. at plea and sentencing), rendered January 8, 2014, convicting defendant of robbery in the third degree, andhad reason to suspect that it might
contain a weapon, because defendant had been arrested for robbery, a violent crime, and the officers had already recovered one razor blade from defendant.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 17, 2017
CLERK
| {
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People v Giddens (2018 NY Slip Op 03855)
People v Giddens
2018 NY Slip Op 03855
Decided on May 30, 2018
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on May 30, 2018
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
BETSY BARROS, JJ.
2013-06953
2013-06966
[*1]The People of the State of New York, respondent,
vPaul Giddens, appellant. (Ind. Nos. 12-284, 12-389)
Mark Diamond, New York, NY, for appellant, and appellant pro se.
Thomas P. Zugibe, District Attorney, New City, NY (Carrie A. Ciganek and Itamar J. Yeger of counsel), for respondent.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Rockland County (WilliamA. Kelly, J.), both rendered June 18, 2013, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, under Indictment No. 12-284, and robbery in the first degree, robbery in the second degree (two counts), and criminal possession of a weapon in the fourth degree, upon a jury verdict, under Indictment No. 12-389, and imposing sentences. The appeals bring up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials, and his separate motion to suppress intercepted communications and evidence derived therefrom.
ORDERED that the judgments are affirmed.
The defendant's contention that the Supreme Court's Sandoval ruling (see People v Sandoval, 34 NY2d 371) deprived him of | {
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People v McFadden (2018 NY Slip Op 04001)
People v McFadden
2018 NY Slip Op 04001
Decided on June 6, 2018
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 6, 2018
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SANDRA SGROI, JJ.
1996-02847
(Ind. No. 95-00066)
[*1]The People of the State of New York, respondent,
vReginald McFadden, appellant.
Reginald McFadden, Attica, NY, appellant pro se.
Thomas P. Zugibe, District Attorney, New City, NY (Carrie A. Ciganek of counsel), for respondent.
DECISION & ORDER
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, aFriday 9 May 1969
It was Friday, under the sign of Taurus. The US president was Richard Nixon (Republican). In that special week of May people in US were listening to Aquarius/Let The Sunshine In (The Flesh Failures) by The 5th Dimension.
In UK The Israelites by Desmond Dekker & The Aces was in the top 5 hits.
Age of Consent, directed by Michael Powell, was one of the most viewed movies released in 1969
while The Salzburg Connection by Helen MacInnes was one of the best selling books.But much more happened that day: find out below..
Books
He demanded the immediate dispatch of two suitably trained operatives to Salzburg. Extreme measures might be necessary.In 1945, with their thousand-year empire falling around them and the Allies on their heels, the Nazis hide a sealed | {
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People v Hanzlik (2015 NY Slip Op 03031)
People v Hanzlik
2015 NY Slip Op 03031
Decided on April 9, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 9, 2015
Gonzalez, P.J., Mazzarelli, Saxe, Manzanet-Daniels, Clark, JJ.
4344/07 14767 14766
[*1] The People of the State of New York, Respondent,
vKimberly Hanzlik, Defendant-Appellant.
Gerald J. McMahon, New York, for appellant.
Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), for respondent.
Order, Supreme Court, Bronx County (Troy K. Webber, J.), entered on or about February 20, 2014, which denied defendant's CPL 440.10 motion to vacate her judgment of conviction, unanimously affirmed.
The court properly denied defendant's motion to vacate her conviction onAfter putting up stellar numbers as the Texas Tech quarterback, Patrick Mahomes is headed to the NFL, and it seems his stock is slowly on the rise, with the Seattle Seahawks, New York Giants, San Francisco 49ers and New York Jets all keeping tabs on him.
Mahomes, who won the Sammy Baugh trophy in 2016 for his performances, as someone who could end up being taken in the first round, with a not-so-stellar quarterback class helping bump him up. He was initially looked at a second round pick, but things have changed. The 49ers, Giants and Seahawks saw him during the Red Raiders’ pro day, and both the Giants and 49ers have seen him up close as well. The Jets are next on the list of teams he would | {
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People v Weir (2017 NY Slip Op 07891)
People v Weir
2017 NY Slip Op 07891
Decided on November 9, 2017
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided and Entered: November 9, 2017
108404
[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
vMARK A. WEIR, Appellant.
Calendar Date: September 19, 2017
Before: Peters, P.J., McCarthy, Rose, Devine and Pritzker, JJ.
Susan Patnode, Rural Law Center of New York, Castleton (Kristin A. Bluvas of counsel), for appellant.
Mary E. Rain, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered February 24, 2016, convicting defendant upon his plea of guiltyof the crime of burglary in the second degree.
In October 2014, and in satisfaction of a superior court information charging him with burglary in the second degree as well as other then-pending charges, defendant pleaded guilty to burglary in the second degree and executed a waiver of appeal. The plea agreement required defendant to successfully complete inpatient treatment, after which defendant would be placed on interim probation for a period of one year. If defendant successfully completed interim probation, the terms of the agreement provided that defendant's guilty plea to burglary in the second degree would be withdrawn, at which time he would
plead guilty to attempted burglary in the second degree with a sentence of probation. If defendant failed to comply with the terms of the agreement or | {
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People v Fessel (2017 NY Slip Op 03204)
People v Fessel
2017 NY Slip Op 03204
Decided on April 26, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 26, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
HECTOR D. LASALLE
BETSY BARROS, JJ.
2015-07624
[*1]People of State of New York, respondent,
vAndy Fessel, appellant.
Seymour W. James, Jr., New York, NY (Michael C. Taglieri of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Joyce Adolfsen, and Daniel Berman of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Kings County (Foley, J.), dated July 30,Ashley Hill is a classically trained composer and pianist living in Los Angeles. She scores commercial music, teaches piano, and performs many forms of music, spanning classical to progressive metal. She is currently active in the space rock 'super group' Orbs, and her former bands include Abigail Williams and Cradle of Filth. | {
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People v Nadler (2018 NY Slip Op 06036)
People v Nadler
2018 NY Slip Op 06036
Decided on September 12, 2018
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on September 12, 2018
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
2015-10916
(Ind. No. 2959/14)
[*1]The People of the State of New York, respondent,
vAdam Nadler, appellant.
Paul Skip Laisure, New York, NY (Caitlin Halpern of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Ann Bordley, and Terrence F. Heller of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jamesby a pattern of impoverished men engaging in sex for money. According to a report on HIV and sex work, most of the transgender sex workers are transvestites of Roma origin, working in hidden environments, due to the stigma attached to male prostitution. Roma boys enter prostitution as minors and some of them are HIV positive and suffer heroin addiction.Boy and transgender prostitution is also present in Roma communities in Hungary, Slovakia and Romania. However, there are no estimations regarding the approximate ratio between Roma and non-Roma. In Slovakia, Roma boys increasingly enter the sex markets either as homosexuals or transvestites. Their clients are mainly random tourists, visitors to restaurants or random drivers passing the localities. Boys and transgender persons who could become victims of forced prostitution in | {
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People v Bloise (2019 NY Slip Op 07908)
People v Bloise
2019 NY Slip Op 07908
Decided on November 6, 2019
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 6, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
2016-11173
2016-11175
[*1]The People of the State of New York, respondent,
vGustave Bloise, appellant. (Ind. Nos. 519/16, 1690/16)
Janet E. Sabel, New York, NY (Susan Epstein of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Caroline R. Donhauser of counsel; Ruby D. Andrade on the memorandum), for respondent.
DECISION & ORDER
Appeals by the defendant, as limited by hisMirade wrote about the incident on his website and challenged Neidhart for an explanation however Neidhart has not responded.
Criticism of the professional wrestling industry
Mirade has been increasingly outspoken against both the increasing violence of "hardcore wrestling" as well as steroid and drug abuse which has resulted in the deaths of a high number of professional wrestlers. Dan Mirade also criticized certain ethical standards and business practices, particularly after the ring death of independent wrestler Dan Quirk, advocating some sort of system to regulate the professional wrestling industry.
"What most fans of mainstream wrestling don't realize is what a corrupt business it is that they're fans of... Back in the 'good ole days' not EVERYONE that wanted to be a professional wrestler could be one... There are dozens if not | {
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Rabinowitz v Rabinowitz (2016 NY Slip Op 01655)
Rabinowitz v Rabinowitz
2016 NY Slip Op 01655
Decided on March 9, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 9, 2016
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
2014-03988
(Index No. 6867/03)
[*1]Ratzi Rabinowitz, respondent,
vAryeh Rabinowitz, appellant.
Aryeh Rabinowitz, Bet Shemesh, Israel, appellant pro se.
Snitow, Kanfer & Holtzer LLP, New York, NY (Mark M. Holtzer and Alison M. Trainor of counsel), for respondent.
DECISION & ORDER
Appeal from an order of the Supreme Court, Kings County (Rachel A. Adams, J.), dated March 19, 2014. The order denied thedefendant's motion, inter alia, to vacate a judgment of divorce of the same court (Sarah L. Krauss, J.), entered January 7, 2009, upon his failure to appear or answer.
ORDERED that the order is affirmed, with costs.
In February 2003, the plaintiff commenced this action for a divorce and ancillary relief. The defendant never answered or appeared in the action. A two-day inquest to determine issues of equitable distribution and maintenance was conducted in May and June 2007. A decision on inquest was rendered in October 2007. A judgment of divorce was entered January 7, 2009, on the defendant's default. The judgment, inter alia, awarded the plaintiff equitable distribution and maintenance in accordance with the decision on inquest.
The defendant moved pursuant to CPLR 5015(a) to vacate the judgment of divorce. | {
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People v Blodywon (2018 NY Slip Op 08320)
People v Blodywon
2018 NY Slip Op 08320
Decided on December 5, 2018
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 5, 2018
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
BETSY BARROS
LINDA CHRISTOPHER, JJ.
2016-06925
2016-06926
[*1]The People of the State of New York, respondent,
vZhordrack F. Blodywon, appellant. (Ind. Nos. 2034/14, 2284/14)
Paul Skip Laisure, New York, NY (Joshua M. Levine of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Deanna Russo on the memorandum), for respondent.
DECISION & ORDER
Appeals by the defendant, as limitedNew York Neighborhoods
Manhattan Neighborhoods Manhattan is New York City’s most densely populated, most crowded, and also most attractive borough. Made up of Manhattan Island and surrounded by the Hudson River, East River, and Harlem River, it is a home to big-name attractions. The Empire State Building, One World Observatory, the High Line, Central Park, and Times Square are only some points of the long list. Manhattan is the world’s commercial, financial, and cultural center all rolled into one.
Upper East Side Affluent and stylish, the Upper East Side is a New York classic. Located right near Central Park, you can start every day with a run here. Another plus is that there’s a little less hustle and bustle here, so it’s great for people who crave the occasional quiet | {
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People v Fashaw (2016 NY Slip Op 04431)
People v Fashaw
2016 NY Slip Op 04431
Decided on June 8, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 8, 2016
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
2011-03104 ON MOTION
(Ind. No. 1760/10)
[*1]The People of the State of New York, respondent,
vKashawn Fashaw, appellant.
Brian E. O'Donoghue, Kings Park, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered March 16, 2011, convicting⭐⭐⭐ (@lajuvestelle) January 19, 2017
Manchester United's new kit, meanwhile, features the iconic statue outside Old Trafford of Denis Law, Bobby Charlton and George Best, which has been superimposed onto a light-grey kit with dark-grey trim.
Bayern Munich and Real Madrid's editions have also been leaked, with Los Blancos boasting a stylish pixelated blue shirt while Bayern have gone for their traditional white and red stripes.
| {
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Matter of Bloomberg (2017 NY Slip Op 06236)
Matter of Bloomberg
2017 NY Slip Op 06236
Decided on August 22, 2017
Appellate Division, First Department
Per Curiam.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on August 22, 2017
SUPREME COURT, APPELLATE DIVISION
First Judicial Department
Peter Tom, Justice Presiding,
John W. Sweeny, Jr.
Rosalyn H. Richter
Sallie Manzanet-Daniels
Barbara R. Kapnick, Justices.
[*1]In the Matter of Mark A. Bloomberg, an attorney and counselor-at-law: Attorney Grievance Committee for the First Judicial Department, Petitioner, Mark A. Bloomberg, Respondent.
Disciplinary proceedings instituted by the Attorney Grievance Committee for the First Judicial Department. Respondent, Mark A. Bloomberg, was admitted to the Bar of the State of New York at a Term of the Appellate Division of the2012, respondent represented an estate in the sale of a cooperative apartment. In September 2012, the purchaser's down payment of $11,000 was deposited into respondent's IOLA account. Before closing, respondent made withdrawals from his IOLA account which invaded the $11,000 down payment, eventually having the IOLA account balance fall below $11,000 in October 2012.
At the March 2013 closing, respondent received the balance of the purchase price totaling $261,082.70 in the form of two checks, which respondent misplaced. On April 8, 2013, the purchaser's attorney wired $261,082.70 into respondent's IOLA account, which was owed to the two beneficiaries of the estate, in the separate amounts of $153,161.35 and $97,500. On April 15, 2013, respondent made a partial payment of $97,500 to one
2
beneficiary. Respondent still owed $55,661.35 to that beneficiary, | {
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People v Keith (2017 NY Slip Op 07275)
People v Keith
2017 NY Slip Op 07275
Decided on October 18, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on October 18, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
L. PRISCILLA HALL
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
2015-07688
(Ind. No. 1369/13)
[*1]The People of the State of New York, respondent,
vVaughn Keith, appellant.
Mischel & Horn, P.C., New York, NY (Richard E. Mischel and Gail Jacobs of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Solomon Neubort, and John C. Carroll of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgmentof the Supreme Court, Kings County (Harrington, J.), rendered August 3, 2015, convicting him of manslaughter in the second degree and assault in the second degree, upon a jury verdict, and sentencing him to an indeterminate term of imprisonment of 3 to 10 years on the conviction of manslaughter in the second degree, and a concurrent determinate term of imprisonment of 3 years, to be followed by 3 years of postrelease supervision, on the conviction of assault in the second degree.
ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed on the conviction of manslaughter in the second degree from an indeterminate term of imprisonment of 3 to 10 years to an intermediate term of | {
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BY REASON OF THE AVAILABILITY OF THE ORDER ON SUCH A DATABASE, THE CITATION MUST INCLUDE REFERENCE TO THAT DATABASE AND *102 THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED.
At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 15th day of February, two thousand and eight.
Present: ROSEMARY S. POOLER, ROBERT D. SACK, SONIA SOTOMAYOR, Circuit Judges.
(06-4996-cv)
FRANK RICCI, MICHAEL BLATCHLEY, GREG BOIVIN, GARY CARBONE, MICHAEL CHRISTOFORO, RYAN DIVITO, STEVEN DURAND, WILLIAM GAMBARDELLA, BRIAN JOOSS, JAMES KOTTAGE, MATTHEW MARCARELLI, THOMAS J. MICHAELS, SEAN PATTON, CHRISTOPHER PARKER, EDWARD RIORDAN, KEVIN ROXBEE, TIMOTHY SCANLON, BENJAMIN VARGAS, JOHN VENDETTO AND MARK VENDETTO, Plaintiffs-Appellants,
v.
JOHN2004 the New Haven Civil Service Board ("CSB") refused to certify *103 the results of two promotional exams for the positions of Lieutenant and Captain in the New Haven Fire Department. This lawsuit arises from the circumstances leading to that decision and its consequences.
Plaintiffs are seventeen white candidates and one Hispanic candidate who took the promotional exams, on which they fared very well, but received no promotion because without the CSB's certification of the test results, the promotional process could not proceed. Defendants are the City of New Haven, Mayor John DeStefano, Chief Administrative Officer Karen Dubois-Walton, Corporation Counsel Thomas Ude, Director of Personnel Tina Burgett, and the two members of the CSB, Malcolm Weber and Zelma Tirado, who voted against certification. Plaintiffs assert that defendants' actions in | {
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People v Thompson (2020 NY Slip Op 04673)
People v Thompson
2020 NY Slip Op 04673
Decided on August 20, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on August 20, 2020
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., NEMOYER, TROUTMAN, WINSLOW, AND BANNISTER, JJ.
423 KA 17-01592
[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
vANTHONY THOMPSON, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SHERRY A. CHASE OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Erie County Court (David W. Foley, A.J.), rendered November 30, 2016. Theglobal debut for Morocco on 13 January during the 2018 (CHAN) match against Mauritania, scoring three goals. The first Moroccan goal was scored by Zakaria Hadraf seconds before the ref...More..
Steven Walter Pladl, 42, and daughter Katie Rose Pladl, 20, were arrested last week at their home in Knightdale, North Carolina, CBS North Carolina reported. She moved into their home in Virgina, USA, in Augu...More..
He is only fooling them by saying these things. Yameen took over as the president of the country in 2013 after winning against Nasheed in an election, which took place a year after Nasheed was forced to r...More..
They also asked for an global conference to be held to restart peace talks between Israel and the Palestinians and the worldwide recognition of a Palestinian state with | {
"pile_set_name": [
"FreeLaw",
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} | 58,466,500 |
People v Gomez (2017 NY Slip Op 06188)
People v Gomez
2017 NY Slip Op 06188
Decided on August 16, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on August 16, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
2014-07277
(Ind. No. 538/09)
[*1]The People of the State of New York, respondent,
vYnmaculada Gomez, appellant.
Lynn W. L. Fahey, New York, NY (Yvonne Shivers of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi, and Nancy Fitzpatrick Talcott of counsel), for respondent.
DECISION & ORDER
Appeal by thethe first to demonstrate the impact of economic restructuring on social inequality in Japan. Finally, I will use information on current income from the SSM conducted in 1985, 1995, and 2005 to identify the effect of Japan's labor market changes on the economic returns to men's and women's human capital, life-course stages, and job characteristics. The overall goal of this project is to estimate the consequences of Japan's economic stagnation and restructuring on the social mobility and long-term well being of its population. Because individuals' lifetime economic prospects affect their rates of marriage, divorce, and childbearing, as well as their health, results of this study will contribute to understanding Japan's rapidly changing demographic conditions, including the increasing postponement of marriage, declining fertility, the rising divorce rate, and the | {
"pile_set_name": [
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"NIH ExPorter"
]
} | 53,118,921 |
Yesterday Andrew Dennis joined Hashrocket and we couldn't be happier to have him aboard.
Last year he was among the first graduates of DevBootcamp and then went on to join Groupon as an apprentice. He joins us in Chicago and in addition to bringing some sweet, sweet technical skills, he's officially the 5th funniest person in the office. He loves Ruby and sleeves of Oreos. On his todo list - Obj-C, Cocoa, and Rubymotion.OF DEATH.
BARCLAY:
VICE PRESIDENT MIKE PENCE
PLANS TO VISIT VICTIMS OF
SUNDAY'S CHURCH
SHOOTING IN TEXAS.
PENCE WILL BE TRAVELING TO
SUTHERLAND SPRINGS TODAY.
HE SAYS HE WILL MEET WITH
LAW ENFORCEMENT AND THE FAMILIES
OF
THOSE WERE KILLED AND INJURED.
26 YEAR OLD DEVIN KELLEY IS
ACCUSED OF OPENING FIRE AT THE
CHURCH AND KILLING 26 PEOPLE.
AUTHORITIES SAY HE HAD A
HISTORY OF ASSAULT ON HIS WIFE
AND CHILD AND HAD
REPORTEDLY BEEN SENDING
THREATENING TEXT MESSAGES TO HIS
MOTHER-IN-LAW -- A MEMBER OF THE
CHURCH'S CONGREGATION.
BARCLAY:
KELLY'S VIOLENT PAST, FITS
A PATTERN AMONG MASS SHOOTINGS
IN
AMERICA.
THAT MANY OF THE
GUNMEN, BEHIND THOSE DEADLY
ATTACKS
HAVE A HISTORY OF ABUSE AND
VIOLENCE THAT BEGAN AT HOME.
SINCE DOMESTIC VIOLENCE IS
CONVICTED ON A CASE-BY-CASE
BASIS, PEOPLE FACING LESSER
CHARGES COULD STILL HAVE
GUN-OWNING
RIGHTS.
BUT SOME FEEL THAT NEEDS TO
CHANGE, BECAUSE IF A PERSON IS
VIOLENT
TOWARDS THEIR FAMILY, NOTHING IS
STOPPING THEM DOING THE SAME TO
STRANGERS.
SUSAN SELDEN/ EXEC. DIR. OF
CUMBEE CENTER: "I | {
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July 28, 2006
1. Although appellees assert in their brief that Denne Sweeney was removed as a plaintiff in
July 2002, the record indicates that Sweeney was included as a plaintiff in the fourth amended
petition filed November 26, 2003, and in the notice of appeal filed April 12, 2004. Because there
is no entry on the docket sheet confirming the district court's removal of Sweeney as a plaintiff in
these proceedings, for purposes of this appeal, we consider Sweeney to be properly included as an
appellant.
2. We refer to the appellants collectively as "Confederate Veterans."
3. We substitute Chief Justice Wallace Jefferson, in his administrative capacity, as successor
to Thomas Phillips, Chief Justice of the Texas Supreme Court, and Edward Johnson, in his official
capacity, as successor to RandallBW PARIS LOUVRE OPERA
- HISTORICAL - HOTEL
YEAR BUILT - 2006 YEAR REMODELED - 2006
ADDITIONAL PROPERTY DESCRIPTION -
OPENED IN FEBRUARY 2005, THIS CHARMING, ANCIENT
PROPERTY IS LOCATED IN A 17TH CENTURY BUILDING, WHICH
IN THE PAST WAS FAMOUS PAINTER TOULOUSE-LAUTREC
TOWNHOUSE, COUNTS TODAY 20 ROOMS BEAUTIFULLY AND FULLY
RENOVATED IN 2006 WITH LATEST TECHNOLOGY AS LCD
TELEVISION, WIFI HIGH SPEED INTERNET ACCESS IN ALL
ROOMS, BATH/SHOWER, AIR CONDITIONING, MINI-BAR, IN-ROOM
SAFE. OUR MULTILINGUAL STAFF WILL DO EVERYTHING TO
HELP TO ENJOY YOUR STAY IN PARIS. OUR LOCATION, RIGHT
BANK, IS ONE OF THE BEST IN PARIS, LOCATED IN THE
CENTER OF THE CITY AND WALKING DISTANCE FROM MOST OF
THE MAIN MONUMENTS AND POINTS OF INTEREST SUCH AS LE
LOUVRE AND ORSAY MUSEUMS, PLACE VENDOME VERY FAMOUS
JEWELER CARTIER , RUE SAINT HONORE LUXURY SHOPPING
AREA GUCCI, CHANEL, HERMES, LOUIS VUITTON .
NBR OF | {
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FAILED TO END AN
ISLAMIST INSURGENCY IN MALI'S
NORTH WHICH HAS DRAGGED ON FOR
YEARS.
AND AS CORRUPTION CONTINUED.
>> YOU HAD A MASS MOVEMENT
CALLING FOR THE RESIGNATION OF
THE PRESIDENT SINCE JUNE,
ORGANIZED BY LEADERS OF THE
POLITICAL PARTIES, AND RELIGIOUS
LEADERS AND ORGINISATIONS
CAMPAIGNING AGAINST CORRUPTION.
>> Reporter: SO FAR THOUGH,
THE INTERNATIONAL COMMUNITY
DOESN'T SEE THIS AS A DEMOCRATIC
VICTORY.
>> SECRETARY GENERAL STRONGLY
CONDEMNED THE MILITARY MUTINY.
>> Reporter: THE COUP WAS
CONDEMNED BY THE U.N. SECURITY
COUNCIL TODAY AND IN MOST
WESTERN CAPITALS, INCLUDING
OTTAWA.
>> (gunshots)
>> Reporter: INDEED, IT
COMPLICATES THINGS FOR A LARGE
FORCE OF INTERNATIONAL TROOPS IN
MALI, WHO HAVE BEEN FIGHTING
AGAINST ISLAMIST INSURGENTS
ALLIED WITH AL QAEDA.
HUNDREDS OF CANADIAN SOLDIERS
WERE PART OF THAT U.N. MISSION
LAST YEAR.
ABOUT 10 REMAIN.
>> [Speaking Foreign Language]
>> Reporter: NOW DESPITE
PROMISES BY COUP LEADERS THAT
THEY WILL HAND POWER BACK TO
CIVILIANS SOON, NO ONE REALLY
KNOWS WHO WILL BE RUNNING MALI.
SASA PETRICIC, CBC NEWS,
TORONTO.
>>THE HARDEST HIT
WITH MORE THAN 5.5 MILLION
INFECTIONS, BUT LATIN AMERICA
HAS QUICKLY EMERGED AS A MAJOR
BATTLEGROUND FOR THE PANDEMIC.
FIVE COUNTRIES ARE AMONG THE 10
HARDEST HIT, WITH THE REGION
SURPASSING THE SIX
MILLION CASE MARK OVER THE
WEEKEND.
STEVEN D'SOUZA TAKES US TO
MEXICO WHERE THE PANDEMIC HAS
TAKEN AIM AT THE COUNTRY'S MOST
VULNERABLE.
>> Reporter: ISABELLE VASQUEZ
REMEMBERS THE FINAL MOMENTS OF
HER MOTHER'S STRUGGLE WITH
COVID-19.
HOW THE PAIN WAS TOO MUCH TO
ENDURE.
IN JUNE, HER MOTHER WENT TO
HOSPITAL WITH AN INTESTINAL
INFECTION.
THE FAMILY BELIEVES THAT SHE
CONTRACTED THE VIRUS DURING HER
TREATMENT.
>> [Speaking Foreign Language]
>> Reporter: IT WAS VERY
PAINFUL WHEN THEY
TOLD ME THAT NEWS, SHE SAYS.
MY MOTHER CRIED OUT, NO MORE.
THEIR SUBURB OF MEXICO CITY HAS
BEEN HIT ESPECIALLY HARD.
SEVEN PEOPLE ON THEIR STREET
HAVE DIED.
>> [Speaking Foreign Language]
>> Reporter: A LOT OF PEOPLE
CONTINUE AS IF NOTHING IS
HAPPENING, BECAUSE THEY HAVEN'T
LIVED IT FIRSTHAND, LIKE | {
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People v Calinda (2016 NY Slip Op 06227)
People v Calinda
2016 NY Slip Op 06227
Decided on September 28, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on September 28, 2016
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
HECTOR D. LASALLE
BETSY BARROS, JJ.
2015-03879
(Ind. No. 2025/14)
[*1]The People of the State of New York, respondent,
vEric Calinda, appellant.
Lynn W. L. Fahey, New York, NY, for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Merri Turk-Lasky of counsel; Lorrie A. Zinno on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by histhe doctrine of last clear chance.
4
We briefly state the facts, as we gather them from the evidence and from the physical situation. On the evening in question Darryl Bates and his brother Schuyler, who was about one year older, lived with their parents at 1519 New Hampshire Avenue, N.W., four doors beyond Que Street and about one and one quarter blocks from Dupont Circle. After dinner that evening when it was still light, and with their father's permission, they went to a drug store on the south side of P Street, at its corner with Dupont Circle. In doing so it was necessary for them to cross Que Street, Connecticut Avenue and P Street. As the boys were going home from the store they | {
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"FreeLaw",
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Matter of Alamin (2018 NY Slip Op 06089)
Matter of Alamin
2018 NY Slip Op 06089
Decided on September 19, 2018
Appellate Division, Second Department
Per Curiam.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on September 19, 2018
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
HECTOR D. LASALLE, JJ.
2017-01112
[*1]In the Matter of Hassan M.G. Alamin, a licensed legal consultant. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Hassan M.G. Alamin, respondent.
DISCIPLINARY PROCEEDING instituted by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts. The respondent, admitted to practice law in Sudan, was licensed as a legal consultantunder oath during the Grievance Committee's investigation that he did not view representing clients before an administrative agency as practicing law. At the hearing, the respondent contended that the term "legal consultant" does not exist in the legal profession throughout the entire world, and that the term "legal consultant" is not a professional title, unless used in conjunction with the title of attorney or lawyer. The respondent contended that in the absence of the word "attorney," no one understands what a "legal consultant" is, and thus, he should be able to hold himself out as an attorney. The respondent also contended that section 521.3 of the Rules of the Court of Appeals (22 NYCRR) is an unreasonable regulation because it prohibits him from freely advertising the truth of | {
"pile_set_name": [
"FreeLaw",
"FreeLaw"
]
} | 7,544,379 |
Matter of Watson v Maragh (2017 NY Slip Op 00656)
Matter of Watson v Maragh
2017 NY Slip Op 00656
Decided on February 1, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on February 1, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
2015-11208
(Docket No. F-10195-14)
[*1]In the Matter of Kara Nicole Watson, respondent,
vOthniel Evans Maragh, appellant.
Othniel Evans Maragh, Mt. Vernon, NY, appellant pro se.
Steven Ranellone, White Plains, NY, for respondent.
DECISION & ORDER
Appeal by the father from an order of the Family Court, Westchester County (Michelle I. Schauer, J.), dated October 8, 2015. The order deniedthe father's objections to an order of that court (Carol Ann Jordan, S.M.) entered June 12, 2015, which, after a hearing, directed him to pay child support to the mother.
ORDERED that the order dated October 8, 2015, is affirmed, without costs or disbursements.
The father and the mother, who were never married, are the parents of two children, born in May 2010 and October 2012. On July 22, 2014, the mother filed a petition for child support. Following a hearing, the Support Magistrate determined that the father was required to pay $481 in child support on a biweekly basis. The father filed objections to the Support Magistrate's order entered June 12, 2015, and those objections were denied by the Family Court in an order dated October 8, 2015. The | {
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People v Holt (2019 NY Slip Op 01953)
People v Holt
2019 NY Slip Op 01953
Decided on March 15, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 15, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., CARNI, LINDLEY, TROUTMAN, AND WINSLOW, JJ.
354 KA 16-01951
[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
vRASHAUN A. HOLT, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (RICHARD L. SULLIVAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Erie County Court (David W. Foley, A.J.), rendered September 29, 2016.on three core pillars: vision, mission and goals.
He elaborated that the strategy is primarily intended to promote the culture of cybersecurity which supports the safe and right use of the electronic space, to protect and control vital assets and facilities as well as national information, and finally to create cooperation and coordination and information exchange.
This national strategy reflects the Kuwaiti government’s realization of the size of threats and challenges triggered off by cybersecurity risks which affect the state and its institutions and agencies.
It sets out a roadmap for promoting the security of information in all its forms with a view to harnessing all potentials and capabilities and taking all required measures in this regard. The strategy also clarifies the future vision and main goals of cybersecurity in the | {
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Additionally,
any danger that Paredes could be convicted on the basis of the
evidence of the November 2 transaction was sufficiently mitigated
by the court's instruction to the jury that the evidence as to the
earlier transactions should be considered only as evidence that
might be probative of his participation in a conspiracy on
November 15, and not as proof of his participation in an earlier
conspiracy.
C. Evidentiary Rulings
Paredes objects to the trial court's admission of Col¢n's
testimony as to statements made by Rafi in his presence during
their negotiations for the November 15 transaction. He also
objects to the admission of the testimony of the law enforcement
officer in charge of the investigation as to what was said to him
by two other officers. Neither objectionmay be, inside Momentum – again.
There was a reasonably quick resolution to the call for delegates from the liberation groups to be done by OMOV in time for the November 5 NC.
Next came the call to cancel the NC on November 5, Sam Wheeler, from the North West, argued we had to cancel the NC because it clashed with the NW Regional Labour Party Conference. Now bear in mind a) the date of the NC has been out for more than five weeks and b) the North West region of Momentum has more members than Scotland and the North East put together, and they only have three delegates. Yet Sam Wheeler said he feared the clash would be of detriment to both events. The arguments went back and | {
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People v Bryant (2018 NY Slip Op 01476)
People v Bryant
2018 NY Slip Op 01476
Decided on March 7, 2018
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 7, 2018
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
LEONARD B. AUSTIN, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
VALERIE BRATHWAITE NELSON, JJ.
2011-03441
2011-03442
2011-03443
[*1]The People of the State of New York, respondent,
vTony Bryant, appellant. (Ind. Nos. 09-01315, 09-01355, 09-01637)
Jerry F. Kebrdle II, White Plains, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Raffaelina Gianfrancesco and William C. Milaccio of counsel), for respondent.
DECISION & ORDER
Appeals by the defendant from three judgments of the Supreme Court, Westchester County (Richardnational security issues. R.O. Blechman, the magazine illustrator, has designed the site. All material will be free and available on archives.
While many of the bloggers are on the left of the political spectrum, some conservatives have also signed on, among them Tony Blankley, editorial page editor of The Washington Times, and David Frum, the writer who coined the phrase "axis of evil" when he was a speechwriter for President Bush.
In a solicitation letter to hundreds of people in her eclectic Rolodex, Ms. Huffington said the site "won't be left wing or right wing; indeed, it will punch holes in that very stale way of looking at the world."
This is not unlike the persona that Ms. Huffington, who left the Republican Party nine years ago, tried to craft in | {
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had problems with appellant.
Even though her parents had separated about a month before, appellant
showed up at the school to take the complainant home. Upon seeing appellant, the complainant began
crying, telling him to get away from her.
A teacher took the complainant away.
The complainant then revealed everything that had happened.
Appellant
was indicted for aggravated sexual assault of a child. On September 29, 2009, the case proceeded to
a jury trial. Appellant initially
entered a plea of not guilty. However,
after the complainant testified, appellant decided he wanted to change his plea
to guilty. Appellant was advised by his
trial counsel concerning his decision to plead guilty, and the trial court
orally admonished appellant when he changed his plea to guilty.
The case proceeded to the
punishment stage, where the State called three witnesses before resting. Appellant’s trial counsel25 percent of the entire death toll. In contrast, just 66 Israeli soldiers and seven civilians were killed, highlighting the callous and one-sided nature of the war.
A particular feature of the war, in contrast to Israel’s previous wars on Gaza in 2006, 2008-09 and 2012, was the targeting of homes, often of the families of militants belonging to Hamas, Islamic Jihad and other groups. The IDF destroyed or severely damaged at least 18,000 homes, leaving 100,000 people homeless, as well as 111 United Nations buildings, many of them schools and hospitals.
The Breaking the Silence report is only one of a number of investigations into the atrocities committed by Israel in Gaza. It follows an inquiry by Associated Press and the Israeli human rights organisation B’tselem into 247 air | {
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People v Whitehead (2016 NY Slip Op 04437)
People v Whitehead
2016 NY Slip Op 04437
Decided on June 8, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 8, 2016
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
SANDRA L. SGROI
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
[*1]The People of the State of New York, respondent,
vHarrison Whitehead, appellant.
Arleen Lewis, Blauvelt, NY, for appellant.
Thomas P. Zugibe, District Attorney, New City, NY (Itamar J. Yeger of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered August 6, 2014, convicting him of gang assault in theBlogs
Blogs
(AP Photo/J. Scott Applewhite) Members of the cabinet applaud during Trump's State of the Union address on January 30, 2018. I n the Netflix science fiction series Altered Carbon , a major plot line involves a ship, hovering thousands of feet above the ground, where the super-rich go to fulfill their most sordid fantasies, involving not just kinky sex but the murder of attractive young women (and the occasional man), the ultimate privilege for a member of the overclass. It's a trope you've probably seen in a dozen films: When a group of people utterly removed from any kind of societal accountability gather to grant license to their desires, those desires turn out to be utterly depraved. Something analagous is happening right now in American politics. The Republican | {
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People v Conway (2016 NY Slip Op 05165)
People v Conway
2016 NY Slip Op 05165
Decided on June 29, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 29, 2016
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
2014-08606
(Ind. No. 2731/12)
[*1]The People of the State of New York, respondent,
vKevin Conway, appellant.
Robert C. Mitchell, Riverhead, NY (Felice B. Milani of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Caren C. Manzello of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Cohen, J.), rendered July 9,and Welfare 1998, were the households (approximately 280,000) or members of the households (approximately 780,000) located within 5,240 area units that had been randomly chosen from those selected by the Comprehensive Survey of Living Conditions of the People on Health and Welfare 1998. The subjects of the 1998 National Nutrition Survey were the households (approximately 5,000) or members of the households (approximately 15,000) located within 300 area units that had been randomly chosen from those selected by the 1998 National Survey on Basic Life Statistics (the subjects of the 1995 National Census of Japan). Among these households, 47 were located in Fukui Prefecture (Ohno-shi and Harue-machi); of these, 5 households were excluded because the individuals did not provide their consent and some of them were registered as foreign | {
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Weisberger v Weisberger (2017 NY Slip Op 06212)
Weisberger v Weisberger
2017 NY Slip Op 06212
Decided on August 16, 2017
Appellate Division, Second Department
Per Curiam.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on August 16, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
2015-09236
(Index No. 57063/08)
[*1]Naftali H. Weisberger, respondent,
vChava Weisberger, appellant.
APPEAL by the mother from an order of the Supreme Court (Eric I. Prus, J.), dated May 29, 2015, and entered in Kings County. The order, insofar as appealed from, after a hearing, (1) granted that branch of the father's motion which was to modify a stipulation ofrequire her to practice full religious observance in accordance with the Hasidic practices of ultra Orthodoxy during any period in which she has physical custody of the children and at any appearance at the children's schools, (4) denied that branch of the mother's motion which was to modify the religious upbringing clause contained in the parties' stipulation of settlement, and (5) denied that branch of the mother's motion which was to modify the vacation and holiday schedule contained in the stipulation of settlement so as to award the father visitation during all Jewish holidays and for two weeks during summer vacation, and to award her visitation during all non-religious school vacations, with the exception of the two weeks each summer to be spent with the father.
Seward & Kissel | {
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Matter of Molette v New York City Tr. Auth. (2018 NY Slip Op 07820)
Matter of Molette v New York City Tr. Auth.
2018 NY Slip Op 07820
Decided on November 15, 2018
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided and Entered: November 15, 2018
526569
[*1]In the Matter of the Claim of GREGORY MOLETTE, Appellant,
vNEW YORK CITY TRANSIT AUTHORITY, Respondent. WORKERS' COMPENSATION BOARD, Respondent.
Calendar Date: October 19, 2018
Before: Lynch, J.P., Clark, Mulvey, Rumsey and Pritzker, JJ.
Geoffrey Schotter, New York City, for appellant.
Foley, Smit, O'Boyle & Weisman, Hauppauge (Theresa E. Wolinski of counsel), for New York City Transit Authority, respondent.
MEMORANDUM AND ORDER
Rumsey, J.
Appeal from a decision of the Workers' Compensation Board,CHARLES JOHNSON was for almost 30 years president of the Flat Earth Society, an American organisation that dissented from the widely held belief that the earth is round.
As a boy he had examined a globe at school and learnt about gravity from his teachers but, notwithstanding the work of Copernicus (whom he dubbed Copernicious), Galileo, Newton et al, Johnson had grave misgivings. From his ranch in the Californian desert - where, admittedly, the world does at times look flat - he published a quarterly newsletter packed with "proof" that mankind has been duped by a scientific conspiracy.
The earth, he claimed, is a flat disc floating on primordial waters, with the North Pole at its centre and Antarctica its circumference; the sun and the moon are each 32 miles | {
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People v Edwards (2017 NY Slip Op 05384)
People v Edwards
2017 NY Slip Op 05384
Decided on June 30, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 30, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, DEJOSEPH, NEMOYER, AND SCUDDER, JJ.
920 KA 16-00889
[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
vDENNIS EDWARDS, DEFENDANT-APPELLANT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered January 28, 2013. The judgment convictedfelt something, seeing Kitaru and Erika together. I wrote her a long letter apologizing for how I’d behaved. I could have been a whole lot kinder to her. But I never got a reply.
I recognized Erika Kuritani right away. I’d only seen her twice, and sixteen years had passed since then. But there was no mistaking her. She was still lovely, with the same lively, animated expression. She was wearing a black lace dress, with black high heels and two strands of pearls around her slim neck. She remembered me right away, too. We were at a wine-tasting party at a hotel in Akasaka. It was a black-tie event, and I had put on a dark suit and tie for the occasion. She was a rep for the | {
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2009 for possession of a controlled
substance, but he was not indicted for that offense because a drug test
indicated that the substance was not a drug. The State abandoned that
allegation toward the end of the hearing.
Appellant further
acknowledged that he had been arrested on August 23, 2010, for fleeing from a
police officer after he ran from an officer who had asked for his driver’s
license. But Appellant testified that he had only run to hide in a nearby shed
because the police officer was the boyfriend of a woman that Appellant formerly
dated, and he was afraid for his safety.
The trial court found all
allegations to be true except the allegation concerning the October 2009
possession offense. The trial court adjudicated Appellant guilty, revoked his
community supervision, and sentenced him to six years’ confinement in prisonthe Federation's executive director. Alfa Mutual Insurance Company is a domestic insurance company, organized by the predecessor of Alabama Farmers Federation to provide property insurance coverage for Alabama farmers who could not obtain coverage from other insurers. Goodwin L. Myrick served as president and chief executive officer of the Federation and Alfa Mutual.
In September 1995, Governor Fob James nominated Phil Richardson, Alfa Mutual's executive vice-president, for membership on the Board of Trustees of Auburn University, to fill the seat occupied by Bobby Lowder, whose term had expired in January 1995, and who was "holding over" in office. In February 1996, *84 Richardson's nomination was submitted to the Senate for confirmation. Barron publicly committed to support Lowder, as did Senator Hinton Mitchem, the chairman of the committee which had | {
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People v Wortham (2018 NY Slip Op 02391)
People v Wortham
2018 NY Slip Op 02391
Decided on April 5, 2018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 5, 2018
Acosta, P.J., Tom, Oing, Moulton, JJ.
6215 3148N/11
[*1]The People of the State of New York, Respondent,
vTyrone Wortham, Defendant-Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (William B. Carney of counsel), for appellant.
Tyrone Wortham, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for respondent.
Judgment, Supreme Court, New York County (Charles H. Solomon, J. at suppression hearing; Richard D. Carruthers, J. at jury trial and sentencing), rendered April 18, 2013, as amendedApril 22, 2013, convicting defendant of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), criminal possession of a controlled substance in the third and seventh degrees, criminally using drug paraphernalia in the second degree (two counts), and endangering the welfare of a child (two counts), and sentencing him, as a second violent felony offender, to an aggregate term of 9 years, unanimously affirmed.
The hearing court properly denied defendant's motion to suppress a statement he made in response to an officer's pedigree question. Although defendant acknowledged that he resided in the apartment where contraband was found, he was responding to a routine administrative question that was not a "disguised attempt at investigatory interrogation" (People v Rodney, 85 | {
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People v Miller (2019 NY Slip Op 08323)
People v Miller
2019 NY Slip Op 08323
Decided on November 15, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 15, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.
1084 KA 17-01302
[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
vJOSHUA L. MILLER, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KAIXI XU OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered October 17, 2016. The judgmentChisan Michael Hughes
HiI was born Michael Hughes,it seems so long ago that I can't remember the struggle of birth, or the difficulties I had in starting to walk, talk, and live my own life.
I was ready to take that step to living my own life,long before I was ready to, I became a beatnik, and rebelled against society,moved around France and played guitar to pay my way. I met artists and musicians. And as I survived on the French Riviera, had a deep realisation, that when a guy picks up a guitar and plays a little bit of Rock and roll, a lot of tone deaf and blind girls,pop out of nowhere. My life seemed to have direction.
My decitant days and lack of peace of mind, led me | {
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Carr-hoagland v Patterson (2019 NY Slip Op 04637)
Carr-hoagland v Patterson
2019 NY Slip Op 04637
Decided on June 7, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 7, 2019
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ. (Filed June 7, 2019.)
MOTION NO. (1444/18) CA 18-00322.
[*1]DEBORAH A. CARR-HOAGLAND AND JAMES L. HOAGLAND, PLAINTIFFS-APPELLANTS,
vJOHN L. PATTERSON, AS EXECUTOR OF THE ESTATE OF JOHN J. PATTERSON, DECEASED, AND CHERYL A. PATTERSON, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)
MEMORANDUM AND ORDER
Motion for reargument or resettlement denied.
THREE people were killed and another was left fighting for life last night after a rally car crashed into spectators.
Earlier, five people were injured when another car struck them in the annual Jim Clark Rally in the Scottish Borders.
The event was abandoned after the second incident yesterday afternoon.
Officials confirmed two high-speed vehicles had left the narrow tracks at different locations just two hours apart.
The fatalities were pronounced at the scene of the second crash at around 4pm while a fourth spectator was left critically injured.
Police said two men aged 64 and 71, and a 63-year-old woman, all from the Glasgow area, had died when a rally car lost control and left the road at Little Swinton, near Coldstream, at 4pm.
It is thought they were all members of the | {
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Lt. General Michael Flynn is now free… He was a victim of a complex setup and ambush orchestrated by the FBI – with the knowledge and support of top officials from the CIA, NSA and other holdovers from the Obama administration. General Flynn had to be removed from the incoming Trump administration. Why? Several reasons. First and foremost, Flynn had …
The 19th-century English historian and politician John Emerich Edward Dalberg-Acton – known as Lord Acton – said, “Power tends to corrupt, and absolute power corrupts absolutely.” We’ve seen corrupt abuse of power with the leaders of the federal intelligence-gathering agencies… Former FBI Director James Comey, former CIA Director John Brennan, and former Director of National Intelligence James Clapper politicized the …
The Deep State is a loosely organized coalitionKNOW AT LEAST ONE IS
LISTENING VIRTUALLY.
BUT DR. RICHELLE WINKLER IS AN
ASSOCIATE PROFESSOR OF SOCIOLOGY
AND DEMOGRAPHY AT MICHIGAN TECH
TECHNOLOGICAL UNIVERSITY.
, I COMMUNITY ENGAGED
PARTICIPATORY SCO LEAR SHIP.
DR. DEBORAH BALK IS A PROFESSOR
OF PUBLIC AFFAIRS IN THE SCHOOL
OF PUBLIC AN INTERNATIONAL
AFFAIRS
, DR. LUTHER CARTER WHO'S
NOT ABLE TO JOIN US HAS SERVED
AS PRESIDENT OF FRANCIS MARION
UNIVERSITY, PREVIOUSLY WAS
EXECUTIVE DIRECTOR OF THE SOUTH
CAROLINA BUDGET AND CONTROL
BOARD, AND DR. MING WHO WASN'T
ABLE TO JOIN US IS THE WHIPPLE
JONES PROFESSOR OF STATISTICS
AND FOUNDING EDITOR-IN-CHIEF OF
HARVARD DATA SCIENCE REVIEW.
SO WE'RE EXCITED TO HAVE
EVERYONE ON THE ADVISORY
COMMITTEE AND TO HAVE SUCH
DIVERSE INTEREST, TALENTS AND
EXPERIENCE.
WE RELY ON YOU FOR ADVICE ON A
WIDE RANGE OF IMPORTANT ISSUES
AND THE FEDERAL STATISTICAL
LANDSCAPE AND THE WORK OF THE
CENSUS BUREAU ARE CHANGING AS
YOU WILL LEARN.
YOU WILL HEAR HOW THE 2020
CENSUS IS CHANGING AND | {
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Matter of Quail (2016 NY Slip Op 01679)
Matter of Quail
2016 NY Slip Op 01679
Decided on March 9, 2016
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 9, 2016
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
SYLVIA O. HINDS-RADIX, JJ.
2007-00123 ON MOTION
[*1]In the Matter of James J. Quail, admitted as James Joseph Quail, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; James J. Quail, respondent. (Attorney Registration No. 3012267)
DECISION & ORDERMotion by James J. Quail for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Quail was admitted to the Barat a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 12, 2000, under the name James Joseph Quail. By decision and order on application of this Court dated March 9, 2007, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against Mr. Quail based on acts of professional misconduct alleged in a verified petition dated December 28, 2006, and the issues raised were referred to John P. Clarke, Esq., as Special Referee, to hear and report. By opinion and order of this Court dated September 29, 2009, Mr. Quail was suspended from the practice of law for a period of five years based on 26 charges of professional misconduct (see Matter of | {
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Matter of Hardy (2019 NY Slip Op 01705)
Matter of Hardy
2019 NY Slip Op 01705
Decided on March 7, 2019
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided and Entered: March 7, 2019
[*1]
In the Matter of BRETTNY ELAINE HARDY, an Attorney.
(Attorney Registration No. 4594586)
Calendar Date: March 4, 2019
Before: Lynch, J.P., Clark, Devine, Rumsey and Pritzker, JJ.
Brettny Elaine Hardy, Oakland, California, pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
MEMORANDUM AND ORDER
Per Curiam.
Brettny Elaine Hardy was admitted to practice by this Court in 2008 and lists a business address in San Francisco, California with the OfficeStrategies Against Architecture IV, is the fourth album in the archival compilation series by Neubauten and collates the band’s output from 2002-2010, a period which saw Einstürzende Neubauten release Perpetuum Mobile (2004 / Mute), embark on the “Musterhaus” series (finalised in 2007), the release of Grundstück (CD & DVD, 2005), Palast der Republik (DVD, 2006), Alles wieder offen (2007) and their most recent release The Jewels (2008).
During this time, the band began their groundbreaking series of ‘Supporter Albums’.
For these releases, the band, via neubauten.org, engaged fans in a subscription model that entirely financed several releases and gave the ‘Supporters’ unprecedented exclusive access to the recording process.
The Strategies Against Architecture IV double disc release includes material from the band’s deeply symbolic appearance at Berlin’s Palast der Republik - the | {
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Mr Pagarani's estate held money on constructive trust after he died for a new foundation, even though Mr Pagarani had not completed the trust deeds, because he had publicly announced his intention to hold the money on trust. Fourth, if a person who is about to die secretly declares that he wishes property to go to someone not named in a will, the executor holds that property on constructive trust. Similarly, fifth, if a person writes a "mutual will" with their partner, agreeing that their property will go to a particular beneficiary when they both die, the surviving person cannot simply change their mind and will hold the property on constructive trust for the party who was agreed.
It is more controversial whether "constructive trusts" in the family homeJONATHAN HUNT IN L.A., THANK YOU
VERY MUCH.
BREAKING NEWS THIS EVENING,
REPORTS THAT ARMED MEMBERS OF
IRAN'S REVOLUTIONARY GUARD JUST
TRIED TO SEIZE A BRITISH TANKER
IN THE PERSIAN GULF AS IT
CROSSED INTO THE STRATA FORM.
INITIAL REPORTS SAY THAT ATTEMPT
WAS UNSUCCESSFUL, ALTHOUGH THERE
IS SOMETHING THAT THE IRANIAN --
THAT IS SOMETHING THAT THE
IRANIAN PRESIDENT THREATENED TO
DO JUST YESTERDAY IN RETALIATION
FOR AN IRANIAN TANKER THAT WAS
SEIZED BY THE BRITISH EARLIER
THIS WEEK.
ALSO NEW TONIGHT, THE REGIME
ACCUSING THE UNITED STATES OF
ECONOMIC TERRORISM AND CALLING
ITS SANCTIONS "WEAPONS OF
WARFARE" AFTER PRESIDENT TRUMP
TODAY THREATENED MORE SANCTIONS
SOON.
THE IRANIAN AMBASSADOR TO THE
IAEA RESPONDING "THE STATISTIC
TO THE TENDENCY OF THE TO USE
ILLEGAL UNILATERAL SANCTIONS AS
AN INSTRUMENT TO COERCE
SOVEREIGN STATES AND PRIVATE
ENTITIES SHOULD COME TO AN END."
STREAMING OUT EXCLUSIVELY IS
MARIA FERNANDA ESPINOZA,
PRESIDENT OF THE UNITED NATIONS
GENERAL ASSEMBLY.
PRESIDENT ESPINOZA, THANK YOU
VERY MUCH FOR BEING HERE
TONIGHT.
FIRST | {
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Matter of Hesterberg (2017 NY Slip Op 02984)
Matter of Hesterberg
2017 NY Slip Op 02984
Decided on April 19, 2017
Appellate Division, Second Department
Per Curiam.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 19, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
2016-12872
[*1]In the Matter of Gregory X. Hesterberg, admitted as Gregory Xavier Hesterberg, an attorney and counselor-at-law, respondent. (Attorney Registration No. 1027366)
APPLICATION pursuant to 22 NYCRR 1240.10 by Gregory X. Hesterberg, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on January26, 1976, under the name Gregory Xavier Hesterberg, to resign as an attorney and counselor-at-law.
Mitchell T. Borkowsky, Hauppauge, NY (Robert H. Cabble of counsel), for Grievance Committee for the Tenth Judicial District.
McDonough & McDonough, LLP, Garden City, NY (Chris McDonough of counsel), for respondent.
PER CURIAM.
OPINION & ORDER
The respondent, Gregory X. Hesterberg, admitted as Gregory Xavier Hesterberg, has submitted an affidavit sworn to on December 7, 2016, in support of his application to resign as an attorney and counselor-at-law (see 22 NYCRR 1240.10).
The respondent acknowledges in his affidavit that he is the subject of an investigation by the Grievance Committee for the Tenth Judicial District involving allegations of professional misconduct, which include the "misapplication of escrow funds and failure to account." The respondent avers that he cannot successfully | {
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The National Air and Space Museum commemorates the history of flight and educates and inspires people through its collections, exhibitions, research, and programs related to aviation, space flight, and planetary studies.
HIGHLIGHTED TOPIC:
Asteroid Mathilde
This image mosaic of asteroid 253 Mathilde is constructed from four images acquired by the NEAR spacecraft on June 27, 1997. This was taken from a distance of 2,400 km (1,500 miles). Sunlight is coming from the upper right. The part of the asteroid shown is about 59 by 47 km (36 by 29 miles) across. Details as small as 380 meters (1,250 feet) can be discerned. The surface exhibits many large craters, including the deeply shadowed one at the center, which is estimated to be more than 10 kilometers (6 miles) deep. The shadowed, wedge-shapedDISABLED FRIEND
Published: May 16, 2008 2:12 PM
IT IS A SHAME THAT SOMEONE HAS TO GO THROUGH LIFE BEING DISABLED.THE TREATMENT THEY RECIEVE FROM PEOPLE IS AWFUL.IF THEY HAD TO LIVE 1 WEEK IN SOMEONE SHOES WITH A DISABLITY,THEY SURE WOULD APPRECITE LIFE AND THE PEOPLE THAT ARE DISABLED.I HAVE A FRIEND THAT WENT SHOPPING IN ZANESVILLE YESTERDAY AND HAS TO USE A WALKER TO GET AROUND AND SOMETIMES THAT DOESN'T WORK FOR HER,SO SHE USED A SCOTTER CHAIR FROM THE STORE,WHEN SHE WAS DONE SHE PRECEEDED TO GO TO HER CAR ,IN THE MEAN TIME A WORKER CAME RUNNING OUT OF THE STORE ACTING LIKE SHE WAS STEALING THE PIECE OF EQUITMENT,GRABBING THE CHAIR ALMOST TURNING IT OVER MAKING A BIG SCENE IN THE PARKING LOT.NOTIFIED MANAGER OF | {
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People v Torres (2017 NY Slip Op 08340)
People v Torres
2017 NY Slip Op 08340
Decided on November 28, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 28, 2017
Tom, J.P., Friedman, Andrias, Gesmer, JJ.
5076 2239/03
[*1]The People of the State of New York, Respondent,
vJoseph Torres, Defendant-Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), rendered November 8, 2010, resentencing defendant, as a second felony offender, to a term of 10 years, followed by 5 years of postreleaseWashington (CNN) - An overriding question of "who is this guy" can be felt in the room when Tommy Wells stands to take the open microphone at an event about the racial disparities in Washington drug arrests.
The council member is addressing an eclectic, racially diverse crowd: a mix of people personally affected by racial profiling and white 20-somethings with tight jeans and button-covered backpacks. Wells, a suit-clad, oval-faced, gray-haired, white politician stands out. | {
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Burton v City of New York (2017 NY Slip Op 05930)
Burton v City of New York
2017 NY Slip Op 05930
Decided on August 2, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on August 2, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
SANDRA L. SGROI
JOSEPH J. MALTESE, JJ.
2016-00413
(Index No. 49377/01)
[*1]Lola Lolita Burton, the wife of plaintiff, Semroy Burton, deceased, as representative of Semroy Burton's Estate, respondent,
vCity of New York, et al., defendants, Keyspan Energey Delivery, appellant.
Cullen and Dykman, LLP, New York, NY (Kevin C. McCaffrey of counsel), for appellant.
G. Wesley Simpson, P.C., Brooklyn, NY, for respondent.
DECISION& ORDER
In an action to recover damages for personal injuries, the defendant Keyspan Energy Delivery appeals from an order of the Supreme Court, Kings County (Genovesi, J.), dated December 4, 2015, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
ORDERED that the order is reversed, on the law, with costs, and the motion of the defendant Keyspan Energy Delivery for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.
Semroy Burton allegedly was injured when the vehicle that he was driving struck a pothole on Atlantic Avenue in Brooklyn. He commenced this personal injury action against the City of New York, the New York City Department of Transportation, and Keyspan Energy Delivery | {
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People v Sanchez (2017 NY Slip Op 01718)
People v Sanchez
2017 NY Slip Op 01718
Decided on March 8, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 8, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
2014-07787
(Ind. No. 55/13)
[*1]The People of the State of New York, respondent,
vAladdin Sanchez, also known as "Shags," appellant.
Gary Greenwald & Partners, P.C., Chester, NY (David A. Brodsky of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court,Dutchess County (Forman, J.), rendered August 5, 2014, convicting him of manslaughter in the first degree, assault in the first degree, assault in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is modified, on the law, by vacating the convictions of manslaughter in the first degree, assault in the first degree, and assault in the second degree, and the sentences imposed thereon, and dismissing the count in the indictment charging murder in the second degree, without prejudice to the People to re-present any appropriate charges to another grand jury (see People v Beslanovics, 57 NY2d 726); as so modified, the judgment is affirmed, and a new trial is ordered on the counts of | {
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Transformation and a sought after keynote speaker. He has been a regular contributor to both InformationWeek and CIO Insight...
Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life settlement products to hedge funds and investment banks. After, he co-founded a revenue cycle management company where he learned about Bitcoin and eventually Ethereal. Andrew's role at ConsenSys Enterprise is a mul...
To Really Work for Enterprises, MultiCloud Adoption Requires Far Better and Inclusive Cloud Monitoring and Cost Management … But How? Overwhelmingly, even as enterprises have adopted cloud computing and are expanding to multi-cloud computing, IT leaders remain concerned aboutMY HEART"IL DIVO: IL DIVO A NEW GROUP JUST INTRODUCED ON OPRAH AND THE TONIGHT SHOW, PUT TOGETHER BY SIMON C.
FROM AMERICAN IDOL...FOUR YOUNG MEN, ALL FROM DIFFERENT COUNTRIES, DOING HIP SONGS IN AN OPERATIC STYLE! A MUST HAVE FOR THOSE WHO LOVE MUSIC! YUMMY! SONG IN ITALIAN, OR SPANISH, OR ONE OF THOSE ROMANCE LANGUAGES...WHATEVER IT IS, IT WORKS FOR ME! (*****)
MOONLIGHT SONATABEETHOVEN: PIANO SOLOSSERENE, RESTFUL, AND BEAUTIFUL CLASSICAL MUSIC
TRY THIS IN FRONT OF THE FIRE WITH A GOOD BOOK
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HAS A WAY OF CALMING KIDS DOWN. (*****)
RHAPSODY IN BLUEGEORGE GERSHWIN: FANTASIA II; DISNEY ALSO AVAILABLE JUST UNDER IT'S OWN NAME,
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WORD LOVES
T.H. WHITE: "THE ONCE AND FUTURE KING"This is THE BOOK, without which no home library of | {
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Smyth v Murphy (2019 NY Slip Op 08353)
Smyth v Murphy
2019 NY Slip Op 08353
Decided on November 19, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 19, 2019
Manzanet-Daniels, J.P., Tom, Kapnick, Gesmer, Singh, JJ.
10353 157795/13
[*1] Joseph J. Smyth, Plaintiff-Appellant,
vTracy Murphy, et al., Defendants-Respondents.
Hasapidis Law Offices, Scarsdale (Annette G. Hasapidis of counsel), for appellant.
Wade Clark Mulcahy, LLP, New York (Vivian S. Turetsky of counsel), for respondents.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered December 5, 2018, which denied plaintiff's motion to set aside the verdict in favor of defendants on the issue of liability, unanimously reversed, on the law, without costs, the motioneffort.
Women business travelers account
for more than 35 percent of Wyndham's revenue -- or about $300 million.
By 2005, that figure is expected to rise to about 50 percent. Women
hold half of all Wyndham's management positions -- up from about 40
percent a few years ago.
Mr.
Kleisner, who has considered himself a civil rights supporter since he
marched in his first demonstration at Michigan State University in the
1960s, said he took the poor rating from the NAACP personally. He has
since met with the executives of the organization and several
minority-targeted publications.
"I asked for their help and
told them that this was what our company would stand for," he said.
"This was not going to be a flavor of the month."
Wyndham
established an external diversity board to help guide how the company
pursues minority customers -- a strategy similar | {
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SUTURES AND
THE CHIEF JUSTICE STAYED A NIGHT
IN THE HOSPITAL OUT OF ABUNDANCE
OF CAUTION
ROBERTS HAS SUFFERED FROO FROM
SEIZURES IN THE PAST BUT DOCTORS
BELIEVE IT WAS LIKELY DUE TO
LIGHTHEADEDNESS CAUSED BY
DEHYDRATION.
>> ON THE SAME DAY THAT THE
TRUMP ADMINISTRATION FORMALLY
GAVE NOTICE TO WITHDRAWAL FROM
THE WORLD HEALTH ORGANIZATION
OVER ITS COVID-19 RESPONSE, THE
NUMBER OF CONFIRMED CASES IN THE
UNITED STATES PASSED THE 3
MILLION MARK.
>> PEOPLE WAITING IN THEIR CARS
FOR HOURS FOR TESTS IN STATES
LIKE TEXAS AND ARIZONA
FEDERAL HEALTH OFFICIALS SAY
THEY WILL LAUNCH SURGE TESTING
IN HARD-HIT CITIES, WITH A GOAL
OF 5,000 FREE TEXTS A DAY.
>> VACCINE MAKER NOVAVAX SAYS
THE U.S. WILL PAY THEM
$1.6 BILLION TO DELIVER 100
MILLION DOSES OF A VACCINE BY
EARLY NEXT YEAR.
>> UNTIL WE HAVE THAT VACCINE,
PEOPLE ARE BEING ASKEDTO WEAR
MASKS IN PUBLIC.
AND THAT IS LEADING TO TANTRUMS
AND OUTBURSTS, LIKE THIS ONE, IN
FLORIDA.
>> I FEEL THREATENED
BACK OFF
THREATEN ME AGAIN!
>> THE PERSON FILMING THIS SAYS
THAT THE MAN GOT AGGRESSIVE,
AFTER BEING ASKED BY AN ELDERLY
WOMAN ABOUT WEARING A MASK
INSURANCE COMPANY TWEETED THAT
HE HAS BEEN FIRED.
A TRADE ASSOCIATION REPRESENTING
MAJOR RETAILERS LIKE WALMART AND
TARGET ARE ASKING GOVERNORS TO
REQUIRE MASKS, STATEWIDE
THEY SAY DIFFERENCES IN LOCAL
RULES ARE FUELING THIS
CONFUSION.
>> ON STATEN ISLAND, 60-YEAR-OLD
SYLVESTER FLOREZ BEAT COVID
AFTER THREE MONTHS IN THE
HOSPITAL
DOCTORS ARE HOPEFUL THERE WILL
BE A LOT MORE OF THESE SUCCESS
STORIES AS ICUs FILL UP, AGAIN
HERE'S NBC'S STEPHANIE GOSK.
>> Reporter: A TALE OF TWO
GRAPHS
ON THE ONE HAND, A DISTURBING
RISE IN NEW CORONAVIRUS CASES.
ON THE OTHER, THE HEARTENING
NEWS THAT THE NUMBER OF DEATHS
IS GOING DOWN.
FROM MORE THAN 2,000 | {
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People v Anderson (2017 NY Slip Op 04881)
People v Anderson
2017 NY Slip Op 04881
Decided on June 15, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 15, 2017
Acosta, P.J., Richter, Feinman, Webber, Kahn, JJ.
4287 491/15
[*1]The People of the State of New York, Respondent,
vDaquan Anderson, Defendant-Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Siobhan C. Atkins of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Samuel L. Yellen of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Eugene Oliver, Jr., J.), rendered February 29, 2016, convicting defendant, upon his plea of guilty, of robbery in the third degree, and sentencing him to a term of sixthe Metropolitan Opera in New York and Milan’s La Scala. Before that, however, he made his living in an altogether less glamorous fashion: as a truck driver by day and bounty hunter by night. In the modern parlance of television talent shows, Tanner’s ‘journey’ is like none other. | {
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take the convent).When Mother Duchesne's body -- three years in the grave --was exhumed and found to be miraculously intact, it was removed and laid to rest in this structure. Through the years, the floor construction evolved to its present state. The inscribed marble plate that covers the tomb was added in 1911 and later modified to cite the Beatification in 1940.In 1951 the Beata's remains were removed to be placed in the large Shrine on this property. The "Round House" was abandoned then but never ceased to be a cherished landmark on this campus.We are grateful to the many who have contributed to its restoration efforts, which were completed in 1994.
Inside of the Round House is this tombstone, which marks the former grave of the Saint. Thestone is enscribed in Latin, and the English translation is thus:
PHILIPPINE DUCHESNE
FAITHFUL VIRGIN AND MEMBER OF THE SOCIETY OF THE SACRED HEART OF JESUS, WHO MODELED HER LIFE AFTER THE VIRTUES OF SAINT MADELEINE SOPHE BARAT, FOUNDRESS AND MOTHER GENERAL OF THE ORDER.
ACCORDING TO GOD'S PLAN, SHE CAME IN 1818 TO THE UNITED STATES OF AMERICA. WHERE SHE ENDURED ALL MANNER OF LABOR, POVERTY, HARDSHIP AND PRIVATION WITH A BENEVOLENT SPIRIT.
EVER GENTLE WITH OTHERS, SHE WAS, AT THE SAME TIME, VERY DEMANDING OF HERSELF, BY HER HOLY DEATH SHE IS GLORIOUSLY CROWNED IN HEAVEN AND ON EARTH.
BORN AUGUST 29, 1769DIED NOVEMBER 18, 1852BEATIFIED MAY 12, 1940
The Shrine is located in the Frenchtown neighborhood of Saint Charles, Missouri, about 23 highway miles northwest of downtown Saint Louis.
Notes
All links on | {
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The game between the Sacramento Kings and Philadelphia 76ers that was postponed Nov. 30 due to unsafe court conditions has been rescheduled for Jan. 30 at 6 p.m. in Philadelphia, the NBA announced Saturday.
The original contest was called off due to excessive condensation on the floor at the Wells Fargo Center. The reason for the issue was unknown, although the NHL's Flyers had played in the arena the previous night.
The makeup date comes as the Kings return east for a seven-game road trip, and will create a back-to-back for both teams.Thursday, August 31, 2017
SPALDING
COUNTY MANAGER WILLIAM WILSON HAS CONFIRMED GOVERNOR
NATHAN DEAL HAS SIGNED AN EXECUTIVE ORDER TO OPEN AN
INVESTIGATION INTO SPALDING COUNTY CLERK OF SUPERIOR AND
STATE COURT MARCIA NORRIS.
IN
A LETTER TO THE GOVERNOR DATED AUGUST 28TH —GRIFFIN
CIRCUIT DISTRICT ATTORNEY BEN COKER REQUESTED THE
INVESTIGATION.
THE
ORDER SIGNED WEDNESDAY BY THE GOVERNOR MENTIONS CRIMINAL
CHARGES , POSSIBLE MISCONDUCT OR ALLEGED INCAPACITY OF CLERK
NORRIS TO PERFORM THE DUTIES OF THE OFFICE.
GOVERNOR
DEAL APPOINTED A COMMITTEE TO INVESTIGATE CLERK NORRIS---GA.
ATTORNEY GENERAL CHRIS CARR, AND TWO CLERKS OF COURT—TINA
BLANKINSHIP OF WEBSTER COUNTY AND GREG ALLEN OF FORSYTH
COUNTY.
THE
COMMITTEE WAS INSTRUCTED BY THE GOVERNOR TO REPORT BACK IN
30 DAYS.
SPALDING
COUNTY STATE COURT JUDGE JOSH W. THACKER AND ON BEHALF
OF THE BOARD---BART MILLER, CHAIRMAN OF THE SPALDING COUNTY
BOARD OF COMMISSIONERS BOTH FOWARDED LETTERS TO GOVERNOR DEAL
IN SUPPORT OF THE D.A.'S CALL | {
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Matter of Brandes (2019 NY Slip Op 01595)
Matter of Brandes
2019 NY Slip Op 01595
Decided on March 6, 2019
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 6, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
1999-07000
[*1]In the Matter of Joel R. Brandes, a disbarred attorney. (Attorney Registration No. 1168483)
DECISION & ORDERMotion by Joel R. Brandes for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Brandes was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March19, 1969. By opinion and order of this Court dated April 8, 2002, Mr. Brandes was disbarred upon a finding that he was guilty of five charges of professional misconduct (see Matter of Brandes , 292 AD2d 129). Mr. Brandes's prior three motions for reinstatement were denied by decisions and orders on motion of this Court dated November 5, 2009, December 17, 2012, and June 3, 2015, respectively. By decision and order on motion of this Court dated February 10, 2017, Mr. Brandes's fourth motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his character and fitness to practice law.Upon the papers filed in support of the motion and the papers filed in | {
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Matter of Tsirlina (2015 NY Slip Op 01649)
Matter of Tsirlina
2015 NY Slip Op 01649
Decided on February 25, 2015
Appellate Division, Second Department
Per Curiam.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on February 25, 2015
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
LEONARD B. AUSTIN, JJ.
2014-07337
[*1]In the Matter of Anna Tsirlina, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Anna Tsirlina, respondent. (Attorney Registration No. 3905379)
MOTION by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts to strike the respondent's name from the roll of attorneys and counselors-at-law, pursuant toJudiciary Law § 90(4), upon her conviction of a felony. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 28, 2001.
Diana Maxfield Kearse, Brooklyn, N.Y. (Sharon Gursen Ades of counsel), for petitioner.
PER CURIAM.
OPINION & ORDER
On February 28, 2014, the respondent was found guilty, after a jury trial, before the Honorable Raymond J. Dearie, in the United States District Court for the Eastern District of New York, of conspiracy to commit visa fraud, in violation of 18 USC § 371, and 10 counts of visa fraud, in violation of 18 USC § 1546(a). On July 25, 2014, she was sentenced to a term of two years of imprisonment on each count, to run | {
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header.ag1
NUMBER 13-00- 259-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
THE TOWN OF SOUTH PADRE ISLAND TEXAS ON BEHALF OF ITS BOARD OF
ADJUSTMENT A/K/A BOARD OF ADJUSTMENTS AND APPEALS, Appellant,
v.
ALONZO CANTU AND YOLANDA CANTU, Appellees.
On appeal from the 197th District Court
of Cameron County, Texas.
O P I N I O N
Before Chief Justice Valdez, and Justices Dorsey and Rodriguez
Opinion by Chief Justice Valdez
Appellant, the Town of South Padre Island (Town), appeals a ruling from the 197th District Court in Cameron County that
reversed a decision by the Town's Board of Adjustment (Board) to deny Appellees, Alonso and Yolanda Cantu (Cantus), a
variance to the Town's zoning laws. We affirm the judgment of the district court.
In 1998, the Cantus prepared plans for the construction of their home inSouth Padre Island, and submitted them to the
Town's building department for approval. After the Town issued a building permit for construction in accordance with the
plans submitted, the Cantus commenced construction of their home. When the home was nearly eighty percent complete, a
building inspector informed the Cantus that an overhanging portion of the upper part of their house protruded
approximately two feet over a building-setback line mandated by a Town zoning ordinance. It was undisputed that the
protrusion was disclosed in the plans that were submitted to the Town, and that the Cantus had nearly completed
construction of their home.
The Cantus re-surveyed the property, and determined that a portion of the bedroom over the garage protruded twenty-two
inches into the airspace over the building setback line. The Cantus then | {
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learn scientific critical thinking and communication skills by participating in a Journal Club, participating and presenting a seminar in the Developmental Biology Discussion Group, giving a research-based talk at an Annual Training Program Retreat, and hosting outside seminar speakers. Program trainees learn grant writing through innovative grant/fellowship writing workshops. In addition, an individualized postdoctoral mentoring committee adds significant guidance and benefits to each postdoctoral trainee's career development. This training structure is supplemented with vigorous seminar programs and inter-laboratory research-in-progress group meetings to ensure that our trainees receive a strong training in developmental biology, preparing them to direct their own first-rate independent research programs. PUBLIC HEALTH RELEVANCE: Project Relevance to Human Health: Developmental biology is an interdisciplinary science, incorporating cell and molecular biology, genetics, biochemistry in whole-animal model systemsAnother bombshell day for ABC Daytime, this time the announcement that Brian Frons will leave when his contract expires in January. "Brian Frons" instantly started trending on Twitter when the news was announced. After three daytime dramas were canceled under his leadership, soap opera fans everywhere rejoiced (at least in our Twitter feed). Read the ABC press release below.
DISNEY/ABC TELEVISION GROUP ANNOUNCES FORMATION OF TIMES SQUARE STUDIOS, A NEW CURRENT PROGRAMMING AND DEVELOPMENT DIVISION ENCOMPASSING DAYTIME AND SYNDICATED PRODUCT
VICKI DUMMER PROMOTED TO EXECUTIVE VICE PRESIDENT, TIMES SQUARE STUDIOS; ADDS OVERSIGHT OF DIVISION TO HER CURRENT RESPONSIBILITIES;
CONTINUES TO REPORT TO PAUL LEE, PRESIDENT, ABC ENTERTAINMENT GROUP
RESPECTED INDUSTRY VETERAN BRIAN FRONS TO EXIT THE COMPANY
AT THE END OF HIS CONTRACT IN JANUARY 2012
Friday, December 2, 2011... The Disney/ABC Television Group | {
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Gonzalez v Romero (2019 NY Slip Op 09149)
Gonzalez v Romero
2019 NY Slip Op 09149
Decided on December 20, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 20, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.
1092 CA 19-00903
[*1]JOEL GONZALEZ, PLAINTIFF-APPELLANT,
vJOSUE ROMERO, BLACK CREEK FARM, JOSHUA ROMERO, AND JAMES NEWELL, DEFENDANTS-RESPONDENTS.
LYNN LAW FIRM, LLP, SYRACUSE (PATRICIA A. LYNN-FORD OF COUNSEL), FOR PLAINTIFF-APPELLANT.
GOZIGIAN, WASHBURN & CLINTON, COOPERSTOWN (EDWARD GOZIGIAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered November 1, 2018. The order, insofar asTourist killed by suspected drunk driver
DOWNTOWN — An Australian tourist was struck and killed by a suspected drunk driver while crossing Colorado Avenue Tuesday evening with his wife and young daughter, Santa Monica police said.
The driver, identified as 26-year-old Cara Cameron of Westchester, Calif., was taken into custody and booked for vehicular manslaughter and felony driving under the influence. She posted $100,000 bail and is scheduled to be arraigned on Sept. 21 at the Airport Courthouse, police said.
It was the sixth fatal traffic collision in Santa Monica so far this year, said Chris Dawson, a traffic investigator for the Santa Monica Police Department.
The victim, 50, and his family were illegally crossing Colorado Avenue near Santa Monica Place mall and Sears around 8:15 p.m. when Cameron, who was traveling | {
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Matter of Tambolini (2017 NY Slip Op 08082)
Matter of Tambolini
2017 NY Slip Op 08082
Decided on November 16, 2017
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided and Entered: November 16, 2017
[*1]In the Matter of WALTER PATRICK TAMBOLINI, a Suspended Attorney. (Attorney Registration No. 2984631)
Calendar Date: October 2, 2017
Before: McCarthy, J.P., Garry, Devine, Aarons and Pritzker, JJ.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Anna E. Remet of counsel), for Attorney Grievance Committee for the Third Judicial Department.
MEMORANDUM AND ORDER
Respondent was admitted to practice by this Court in 1999. In 2005, he was admitted to practice in Nevada, where he lists a business address BACKGROUND
The Debtor failed to timely file income tax returns for years 1992 through
1996. In December 1997, the Internal Revenue Service prepared substitutes for
returns for those years pursuant to 26 U.S.C. § 6020(b). In April 1998, the Internal
Revenue Service issued notices of deficiency for tax years 1992 through 1995. In
February 1999, the Internal Revenue Service issued a notice of deficiency for tax year
1996. The notices of deficiency informed the Debtor of the amounts of the tax
deficiencies calculated by the Internal Revenue Service and advised the Debtor of his
right to seek a redetermination of these deficiencies with the United States Tax Court.
The Debtor did not respond to the deficiency notices nor seek a redetermination in
| {
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PITCH
FROM DR. ANGTHONY FAUCI THAT WAS
A BIT OFF THE MARK
THE NATIONAL PASTIME RETURNED TO
THE DIAMOND.
>> YOU KNOW, THERE'S SOMETHING
GREAT ABOUT OPENING DAY.
ALBEIT, THIS YEAR, IN JULY, IS
IMPORTANT TO CELEBRATE AND
APPRECIATE.
>> THE YANKEES AND THE REIGNING
WORLD CHAMPION NATIONALS
SQUARING OFF AT THE NATION'S
CAPITAL, MINUS ONE OF THE GAME'S
STARS.
NATIONALS FORCED TO PLAY WITHOUT
SUPERSTAR JUAN SOTO WHO TESTED
POSITIVE FOR COVID-19.
MAJOR LEAGUE BASEBALL TESTING
PLAYERS, COACHES, AND STAFF,
EVERY OTHER DAY.
>> ONE PERSON CAN SCREW THIS UP
FOR A LOT OF DIFFERENT PEOPLE.
>> WITH ACRES OF EMPTY SEATS AND
JUST A 60-GAME SPRINT OF A
SEASON, IT'S TIME TO PLAY BALL
DAN SHENEMAN, NBC NEWS
>> NOW, TO FOOTBALL, WHERE
WASHINGTON'S FOOTBALL TEAM HAS
ANNOUNCED IT IS DELAYING A
PERMANENT NAME CHANGE.
SO FOR THIS SEASON, IT WILL
SIMPLY BE KNOWN AS WASHINGTON'S
FOOTBALL TEAM.
THE FRANCHISE RETIRED THE OLDEARLIER
THIS MONTH, FEDERAL OFFICIALS
HAD RETALIATED AGAINST HIM FOR
HIS PLAN TO WRITE A TELL-ALL
BOOK ABOUT THE PRESIDENT
HE WILL SERVE THE REST OF THIS
SENTENCE FOR CAMPAIGN FINANCE
VIOLATIONS AT HOME.
>> NOW, AN INTERVIEW WITH TWO
BRITISH MEMBERS OF THE ISIS
TERROR CELL KNOWN AS THE
BEATLES.
HERE IS NBC'S RICHARD ENGEL WITH
WHAT THEY NOW ADMIT TO DOING AND
REACTIONS FROM THE FAMILIES OF
SLAIN AMERICANS.
THOSE FAMILIES, DEMANDING
JUSTICE.
>> Reporter: IT'S BEEN NEARLY
SIX YEARS SINCE THE KIDNAPPING
AND SAVAGE MURDERS, BY ISIS, OF
AMERICAN AID WORKERS KAYLA
MUELLER AND PETER AND
JOURNALISTS JAMES FOLEY.
IN AN EXCLUSIVE INTERVIEW
OBTAINED BY NBC NEWS, NEW
DETAILS ABOUT HOW JIM STOOD UP
TO HIS CAPTORS, FROM TWO OF THE
ISIS MEMBERS WHO HELD HIM AND
THE OTHER HOSTAGES
>> IF THE GUARD WOULD ASK IS THE
FOOD ENOUGH?
SOMEBODY OF THE PRISON | {
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People v Castaneda (2019 NY Slip Op 04860)
People v Castaneda
2019 NY Slip Op 04860
Decided on June 14, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on June 14, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
1472 KA 17-00045
[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
vDAVID L. CASTANEDA, DEFENDANT-APPELLANT. (APPEAL NO. 1.)
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Genesee County Court (Michael F. Pietruszka, A.J.), rendered December 13,2016. The judgment convicted defendant, upon his plea of guilty, of unlawful surveillance in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by adding to the end of special condition of probation No. 16 the phrase, "except in connection with education, lawful employment or search for lawful employment," and as modified the judgment is affirmed.
Memorandum: These consolidated appeals arise from an incident in which defendant used his cell phone to observe a woman while she was sitting in a bathroom stall. Defendant appeals, in appeal No. 1, from a judgment convicting him upon his plea of guilty of unlawful surveillance in the second degree (Penal Law § 250.45 [2]). In appeal No. 2, he appeals from an | {
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252 F.3d 1089 (9th Cir. 2001)
KWAN FAI MAK, PLAINTIFF-APPELLANT,v.THE FEDERAL BUREAU OF INVESTIGATION; DEPARTMENT OF JUSTICE; JOHN ASHCROFT*, ATTORNEY GENERAL, DEFENDANTS-APPELLEES.
No. 99-35516
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Argued and Submitted February 13, 2001--Seattle, WashingtonFiled June 8, 2001
James E. Lobsenz, Seattle, Washington, for the plaintiff-appellant.
Brian C. Kipnis, Assistant United States Attorney, Seattle, Washington, for the defendants-appellees.
Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding D.C. No. CV-96-00663-JCC
Before: Stephen Reinhardt, Kim McLane Wardlaw, and Ronald M. Gould, Circuit Judges.
1
The opinion of the court was delivered by: Reinhardt, Circuit Judge
Opinion by Judge Reinhardt
OPINION
2
The plaintiff in this action, Kwan Fai Mak, is also a defendant in a pending state capital proceeding. Mak filed this action in the United States DistrictThe bishops of the Orthodox Church trace unbroken succession to the very apostles themselves, therefore ultimately receiving their consecrations from our LordJesus Christ. All the bishops of the Church, no matter their titles, are equal in their sacramental office. The various titles given to bishops are simply administrative or honorific in their essence. At an ecumenical council, each bishop may cast only one vote, whether he is the Ecumenical Patriarch or simply an auxiliary bishop without a diocese. Thus, there is no equivalent to the Roman Catholicpapacy within the Orthodox Church.
As with its Apostolic succession, the faith held by the Church is that which was handed by Christ to the apostles. Nothing is added to or subtracted from that deposit of faith which was "handed once for all | {
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FT
THE DEEPEST WATER WILL OCCUR ALONG THE IMMEDIATE COAST IN AREAS OF
ONSHORE FLOW. SURGE-RELATED FLOODING DEPENDS ON THE RELATIVE TIMING
OF THE SURGE AND THE TIDAL CYCLE...AND CAN VARY GREATLY OVER SHORT
DISTANCES. FOR INFORMATION SPECIFIC TO YOUR AREA...PLEASE SEE
PRODUCTS ISSUED BY YOUR LOCAL WEATHER SERVICE OFFICE. NEAR THE
COAST...THE SURGE WILL BE ACCOMPANIED BY LARGE AND DANGEROUS WAVES.
TORNADOES...ISOLATED TORNADOES ARE POSSIBLE OVER CENTRAL AND
SOUTHERN FLORIDA THROUGH MONDAY.
SURF...DANGEROUS SURF AND RIP CURRENT CONDITIONS WILL CONTINUE TO
AFFECT THE NORTHWESTERN BAHAMAS...THE FLORIDA PENINSULA AND THE
FLORIDA KEYS DURING THE NEXT DAY OR SO. PLEASE CONSULT PRODUCTS
FROM YOUR LOCAL WEATHER OFFICE FOR MORE INFORMATION.
NEXT ADVISORY
-------------
NEXT COMPLETE ADVISORY...500 AM EDT.
$$
FORECASTER BRENNAN
NNNNDon’t look for newly-acquired Redskins center Bryan Stork to appear in tonight’s preseason game against the Bills. But look for him to move into the picture on the Washington offensive line sooner rather than later.
The Redskins gave up a conditional seventh-round draft pick in order to bring in Stork. After a reported brief flirtation with retirement the 2014 fourth-round pick of the Patriots is set to report to the Redskins, probably sometime this weekend.
The Redskins have been looking to improve the center position all year. They likely would have drafted Alabama center Ryan Kelly in the first round last spring had the Colts not scooped him up a few picks before the Redskins went on the clock. They have tried to convert Spencer Long from guard to center | {
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FEEL A BOOK COMING ON.
>> Gordon: IS THERE A
BOOK?
I WISH HE HAD NAMED THEM
GRAND AND CANYON.
>> Terry: SOMETHING LIKE
THAT.
YELLOW AND STONE.
[LAUGHTER]
>> Gordon: IOWA STUDENTS
COULD BE SOON STUDYING
HEBREW.
SCRIPTURES IN THE NEW
TESTAMENT AND A BIBLE
LITERACY COURSE.
A PROPOSED BILL WILL
DIRECT THE STATE
DEPARTMENT OF EDUCATION TO
PREPARE TEACHERS ON HOW TO
TEACH THE ELECTIVE COURSE.
SKYLER WHEELER AND 11
OTHER REPUBLICANS HELPED
INTRODUCE THE BILL, SAYING
IT COULD HELP THE STUDENTS
UNDERSTAND THE HISTORY OF
THE BIBLE, HISTORY, AND
CULTURE, BEFORE GOING TO
COLLEGE.
>> Terry: THE BILL HAD
STRONG SUPPORT IN BOTH THE
HOUSE AND THE SENATE.
OPPONENTS OF THE BILL ARE
CRITICIZING IT AS AN
EXTREME PIECE OF
LEGISLATION AND BELIEVE IT
VIOLATES THE CONSTITUTION.
BUT DREW ZAN, FROM FAMILY
LEADER, DISAGREES, STATING
THAT IT WON'T BE USED AS A
DEVOTIONAL.
MEANING YOU CAN READ IT,
BUT YOU CAN'T PREACH IT.
>> Gordon: AND OTHER
STATES BECOME OHIO,
INDIANA, MICHIGAN, AND
SOME OTHER STATES, AND ONE
OF THE THINGS"AFRICA SHALL BE
SAVED."
SOON AFTER, REINHARD
RENTEDED A STADIUM AND
PREACHED TO 100 PEOPLE.
BEFORE LONG, HE WAS
SPEAKING IN FRONT OF
MILLIONS AND SAW FIRSTHAND
HIS DREAMS FULFILLED.
>> Reporter: IN
OCTOBER 2017, REINHARD
BONNKE SHARED HIS FAREWELL
MESSAGE TO 1.7 MILLION
PEOPLE OVER FIVE DAYS IN
NIGERIA.
>> AND I CAN HONESTLY SAY
THAT WE HAVE SEEN THE
GLORY OF GOD!
AND THE POWER OF GOD
SHAKING NATIONS!
>> Reporter: KNOWN FOR
HIS MASSIVE CRUSADES IN
AFRICA, REINHARD HAS
INSPIRED 77 MILLION PEOPLE
TO MAKE A DECISION FOR
CHRIST IN HIS 35 YEARS.
IN HIS BOOK, "ARE WE
FLAMMABLE OR FIRE-PROOF,"
HE SHARES KEYS TO MOVING
IN SUPER NATURAL POWER AND
GIFTS.
>> Gordon: WELL,
REINHARD IS HERE WITH US.
HE IS OUR DEAR FRIEND.
IT IS AWESOME TO HAVE YOU
WITH US.
>> THANK YOU SO MUCH.
THANK YOU VERY MUCH.
>> Gordon: I HEAR A LOT
ABOUT "LAST CRUSADE," BUT
IT DOESN'T MEAN YOU'RE
RETIRING, RIGHT?
>> NO.
IT'S IMPOSSIBLE.
YOU KNOW, IT'S SIMPLY
IMPOSSIBLE FOR ME TO | {
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Lt. Col. Abe A. Bolotin and Assistant Adjutant, WO Coleman Friedman, in front of the 21st General Hospital Headquarters, Ravenel Hospital, Mirecourt, France. Bolotin was a veteran of the First World War with three Bronze Stars. He served successively as Detachment Commander, Registrar, and Adjutant of the 21st General Hospital.
Rights
The Bernard Becker Medical Library offers public access to the materials in its archival and rare book collections as a contribution to education and scholarship. The Library retains all rights to the reproduction of these files and images. See Rights and Permissions for the terms of use or contact the Becker Archives for permission to publish.WEBVTT
THE WINNER WOULD MOVE TO THE TOP
OF THE DIVISION III STANDING
AND SECOND HALF, CATHOLIC GOING
FOR IT ON 4TH DOWN.
THE SNAP FLIES OVER THE HEAD OF
QUARTERBACK DAN YOKAMICK, HE
SCRAMBLES AND SCOOPS IT UP FIRES
NEAR THE ENDZONE, WHERE RILEY
BRENNAN MAKES THE CATCH.
AND SCORES TOUCHDOWN
A LITTLE TOO MUCH TOUCH ON THIS
TASK BECAUSE IT'S PICKED OFF BY
HIS OPPOSITE NUMBER, DAN
YOKAMICK.
CATHOLIC THEN CONVERTS OFF THE
TURNOVER.
JAKKAR KINARD TAKES THE HANDOFF.
SQUIRTS THROUGH THE LINE CUTS
OUTSIDE SHEDS A TACKLE AND
AND SCORES.
THE IRISH MAKE A STATEMENT WIN,
Bermudian Springs vs. York Catholic
Share
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Updated: 10:35 AM EDT Oct 24, 2016
Bermudian Springs at York Catholic: Going for it on 4th down ... the snap flies over the head of quarterback Dan Yokamick ... he scoops it up ... fires near the end-zone ... where Riley Brennan makes | {
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1992 interlocutory order.
On November 10, 1993, a contested case hearing was held to determine whether
Gonzalez had sustained a compensable injury and had a disability. The resulting Decision and
Order, dated November 15, 1993, ruled that Gonzalez had not suffered a compensable injury and
was not disabled, and ordered Vanliner not to pay income or medical benefits. This order also
did not specifically state that it was reversing the November 17, 1992 interlocutory order.
A second contested case hearing was held on April 12, 1994 to determine
Gonzalez's pre-injury average weekly wage. A Decision and Order dated May 9, 1994 found the
wage issue to be moot based on the prior determination that the claimant had not suffered a
compensable injury. In addition, however, the decision specifically stated that "[t]he interlocutory
order enteredSecond, he observes that the trial court spoke only to the 1983 claim for relief. He asserts that there were other claims in the complaint but the order dismissed the whole action. For the reasons stated below, we affirm as to the first issue but reverse and remand as to the second issue.
Davis owns an eight-unit apartment building in the city of Elkhorn. One of Davis' tenants owed a delinquent electric bill that was added to Davis' 1984 property tax statement. This was done pursuant to a 1981 ordinance authorizing the city to assess a tenant's delinquent utility bill against a landlord by placing the amount due on the landlord's real estate taxes. Davis paid and thereafter started suit against both the utility and the city.
His complaint, | {
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178 U.S. 610 (1900)
TAYLOR AND MARSHALL
v.
BECKHAM (NO. 2).
No. 604.
Supreme Court of United States.
Argued April 30, May 1, 1900.
Decided May 21, 1900.
ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY.
MR. CHIEF JUSTICE FULLER:
These were suits in equity brought by Taylor and Marshall against Beckham, and one Carter, asserting himself to be the president pro tempore of the Senate of Kentucky, with the right to preside over that body though Marshall was present, in which complainants prayed for injunctions restraining defendants from interfering with complainants in their offices. These suits were heard with the case of Beckham v. Taylor and Marshall, just decided. When the Circuit Court of Jefferson County reached the conclusion that Beckham was entitled to the office of Governor and entered judgment of ouster, itcase
1 of 24
Jordan Miles was an 18-year-old high school student at CAPA when he was violently arrested by three Pittsburgh police officers in Homewood. The officers say he's the one who assaulted and resisted them.
COMING UP, NEW AT 6:00, I'LL TELL YOU ABOUT THE CRISIS PLAN IN PLACE. IN WASHINGTON, I'M JACKIE SCHAEFER. PITTSBURGH "ACTION NEWS 4." DID THREE PITTSBURGH POLICE OFFICERS VIOLATE JM'S CIVIL RIGHTS. THE VERDICT WAS SPLIT. Reporter: THE THREE OFFICERS LEFT THE FEDERAL COURTHOUSE WITHOUT COMMENTING BUT FOR THE FIRST TIME IN A LONG TIME, JM HAD SOME THINGS TO SAY. THIS IS VICTORY ON MY BEHALF. THE JURORS FOUND THE POLICE OFFICERS TO BE GUILTY ATTIVE AT LEAST IN ONE ASPECT. Reporter: THE JURORS FOUND THE OFFICERS NOT LIABLE FOR EXCESSIVE FORCE AGAINST | {
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Matter of Weaver v Rosa (2017 NY Slip Op 02435)
Matter of Weaver v Rosa
2017 NY Slip Op 02435
Decided on March 29, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 29, 2017
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
JEFFREY A. COHEN, J.P.
JOSEPH J. MALTESE
HECTOR D. LASALLE
BETSY BARROS, JJ.
2016-13098
[*1]In the Matter of Everette Weaver, petitioner,
vMaria G. Rosa, etc., respondent.
Everette Weaver, Hopewell Junction, NY, petitioner pro se.
Eric T. Schneiderman, Attorney General, New York, NY (Michael A. Berg of counsel), for respondent.
Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit the respondent, Maria G. Rosa, a JusticeA tiny tortoiseshell kitten picked the right house when she hid in a garage of the North Carolina Executive Mansion. Governor Roy Cooper and his family adopted the kitten and named her Jenny after the “Cats” character Jennyanydots. Jenny joins first pets Ben, a yellow lab mix, Alexei, a black cat, and Adeleide, a longhaired tabby. “She’s friendly, talkative, and enjoys “hunting” certain patterns on the carpet,” posted the family on Facebook. For more about Jenny, and more adorable photos, visit First Pets of North Carolina on Facebook. | {
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ABACA Disease Management and Industry Development Ordinance, and the amendatory Sand and Gravel Ordinance.
The NMYL is a national organization of young government officials accredited by the Department of Interior and Local Government (DILG) and the Committee on ASEAN Youth Cooperation (CAYC). Its members include vice-governors, vice-mayors, provincial board members, and city and municipal councilors, aged not more than 35 years old at the timer of their election.
Now on its 18th year of existence, the NMYL has remained steadfast as the nationwide movement for the young, the idealists and the catalysts for reforms and new politics, particularly in local governance. (PIA 8) [top]YOU, BROTHERS, FOR THAT
BEAUTIFUL AND INSPIRING MUSIC.
WE ARE PLEASED TO HAVE PRESIDENT
HENRY B. EYRING AS OUR
DEVOTIONAL SPEAKER THIS MORNING.
HE WAS SUSTAINED AS FIRST
PRESIDENCY IN THE SECOND
PRESIDENCY OF THE CHURCH OF
JESUS CHRIST OF LAINT LAINT IN
OCTOBER 2007.
PREVIOUSLY HE SERVE UNDERSTAND
THE QUORUM OF THE TWELVE
APOSTLES IN THE QUORUM OF THE
SEVENTY AND HE HAS SERVED AS
FIRST COMMISSIONER OF THE
BISHOPRIC, A MEMBER OF THE
GENERAL SUNDAY SCHOOL BOARD AND
AS A BISHOP.
HE IS A NATIVE OF PRINCETON, NEW
JERSEY.
HE WAS PRESIDENT OF RICK'S
COLLEGE FROM 1972 TO 1977 AND ON
THE FACULTY AT STANFORD
UNIVERSITY'S GRADUATE SCHOOL OF
BUSINESS FROM 1962 TO 1971.
HE HOLDS A BACHELOR'S DEGREE IN
PHYSICS IN FR THE UNIVERSITY OF
UTAH AND MASTERS OF DOCTORAL
DEGREES IN BUSINESS AT ARE
ADMINISTRATION FROM HARVARD,
UNIVERSITY.
HE AND HIS WIFE, KATHLEEN
JOHNSON EYRING, ARE THE PAR
FROM HOW CA
HOW CANS MAJORING FROM FINANCE.
IT'S A GREATS | {
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40 years of Inspiring Action
Believe it or not, Greenpeace celebrates its 40 birthday today! To mark the occasion, Kumi Naidoo, our International Executive Director, calls on us all to take inspiration from that first Greenpeace voyage, and to demand a better future for our planet:
The seeds of Greenpeace were sown 40 years ago today, when a small band of dedicated people set out to change the world, sailing from Vancouver to end US nuclear testing in the Aleutian Islands. While the first voyage failed to reach its destination, and the test went ahead, their non-violent direct action captured the public imagination, caused the cancellation of future tests and sparked a movement that grew into the world’s largest independent environmental organisation.
After four decades of putting environmental issues centre stagecommunities and activists around the world pay tribute to and derive inspiration from the vision of the founding ‘greenpeacers’ who set sail for Amchitka on Sept 15 1971, to take on a super power, halt nuclear testing, and won.
In the meantime, Peace, and thank you to all our supporters and activists, who make Greenpeace what it is today.
GREENPEACE IS REAL SUPPORTER FOR THE WHOLE EARTH; IAM FROM SOUTH PART OF INDIA, KERALA STATE, MY VILLAGE WAS REALLY BEAUTIFUL AND GREEN LAND, FULL OF FARMING AND FLOWING RIVERS AND LOT OF BIRDS. ALL THE BEAUTINESS OF MY VILLAGE AND PLACES BEING TURNING TO DISASTER PLACE DUE TO THE SINGLE COMPANY WHICH MANUFACTURE GELETINE, THEY LEAVE THE WAST TO THE RIVER AS WELL AS CONTAMINATED THE SOIL. PEOPLE LIVING AROUND | {
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People v Brandon G. (2019 NY Slip Op 00900)
People v Brandon G.
2019 NY Slip Op 00900
Decided on February 6, 2019
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on February 6, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
BETSY BARROS, JJ.
2016-11302
(Ind. No. 5840/15)
[*1]The People of the State of New York, respondent,
v Brandon G. (Anonymous), appellant.
Paul Skip Laisure, New York, NY (Dina Zloczower of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by hisMonday, 5 December 2011
INSAT 2E life ends, broadcasters left in the lurch
INSAT 2E going out of space has put many broadcasters in panic. With its 12-year life having ended four days ago, broadcasters including Doordarshan are running around to find a new satellite space for themselves. INSAT 2E was launched in April 1999.
Sources said ISRO has asked all such private broadcasters to find their own satellites and shift. Normally, all broadcasters and their teleport operators have to go through ISRO when moving to a foreign satellite.
Experts said if all the channels currently hosted on INSAT-2E do not find transponder space in next couple of days they will not be available to the viewers specially those residing in the north-east and southern states.
Broadcasters are talking to Asiasat 7, the | {
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Kelsey v Hourigan (2019 NY Slip Op 06259)
Kelsey v Hourigan
2019 NY Slip Op 06259
Decided on August 22, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on August 22, 2019
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., CARNI, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
473 CA 18-01954
[*1]JOHN A. KELSEY AND MARY M. KELSEY, PLAINTIFFS-RESPONDENTS,
vGERALD E. HOURIGAN, JR., INDIVIDUALLY, AND DOING BUSINESS AS GERALD HOURIGAN DAIRY FARM, PATRICIA J. HOURIGAN, GERALD E. HOURIGAN, JR., AND PATRICIA J. HOURIGAN, INDIVIDUALLY AND DOING BUSINESS AS HOURIGAN'S UDDER PLACE, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
COSTELLO, COONEY & FEARON, PLLC, CAMILLUS (JAMES GASCON OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
JOHN A. MAYA,these areas in which we have been participating.
This working tour, from Sunday to Thursday, has had two key events.
In Turkey, we participated in the meeting of the G20, which brings together the 20 largest economies in the world, including Mexico. Events began with a forceful condemnation of terrorism and widespread solidarity with the people of France and other countries that have been the target of terrorist attacks.
This includes the case of Turkey itself and the aircraft downed in Russia, to name just a few of those mentioned at this meeting, in which the G20 countries broadly condemned terrorism.
Mexico expressed its deepest solidarity with the people of France. It expressed its condolences to those who had lost their loved ones in these very unfortunate events.
It also supported the UN | {
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BARS, THEY MARRIED AND
HAD ANOTHER CHILD.
THEN, JUST SHY OF THEIR 12-YEAR
ANNIVERSARY, THE TWO SEPARATED
IN 2017.
ACCORDING TO HER ATTORNEY PHILAO
CARED FOR HER DURING THE FINAL
MONTH OF HER LIFE.
MARY KAY WAS 58 YEARS OLD.
>> LET'S TURN NOW TO THE
CORONAVIRUS PANDEMIC AND
TROUBLING NEW MILESTONES IN THE
UNITED STATES.
MORE THAN 3 MILLION CASES OF
COVID-19 HAVE BEEN CONFIRMED IN
THE U.S. AND FOR THE FIRST TIME,
TEXAS RECORDED OVER 10,000 NEW
CASES IN A SINGLE DAY.
GAVE FORMAL NOTICE TO WITHDRAWAL
FROM THE WORLD HEALTH
ORGANIZATION
PRESIDENT TRUMP'S BEEN CRITICAL
OF THE GROUP'S RESPONSE TO THE
PANDEMIC.
>> THE COUNTRY THAT IS SECOND TO
AMERICA IN THE NUMBER OF
INFECTIONS IS BRAZIL
OVER 65,000 BRAZILIANS HAVE DIED
FROM CORONAVIRUS
PRESIDENT BOLSONARO REVEALED
THAT HE TESTED POSITIVE, AFTER
DOWNPLAYING THE RISK
WHILE SPEAKING WITH REPORTERS
ABOUT HIS POSITIVE RESULT,
BOLSONARO REMOVED HIS MASK AND
SAID THAT HE ISHEALTH SCARE FOR CHIEF JUSTICE
JOHN ROBERTS
A SUPREME COURT SPOKESWOMAN
REVEALED LAST NIGHT THE
65-YEAR-OLD WAS HOSPITALIZED
LAST MONTH AFTER FALLING AND
INJURING HIS HEAD WHILE OUT ON A
WALK NEAR HIS HOME
THE INJURY NEEDED SUTURES AND
THE CHIEF JUSTICE STAYED THE
NIGHT IN THE HOSPITAL OUT OF
ABUNDANCE OF CAUTION
ROBERTS HAD SUFFERED SEIZURES IN
THE PAST.
>> NBC NEWS HAS OBTAINED A COPY
OF THE TELL ALL BY PRESIDENT
TRUMP'S NIECE WHICH THE TRUMP
FAMILY HAS SUED TO STOP.
MARY TRUMP, WHO IS A CLINICAL
PSYCHOLOGIST, SAYS HER UNCLE'S
PATHOLOGIES ARE SO COMPLEX AND
BEHAVIORS SO OFTEN INEXPLICABLE
THAT COMING UP WITH AN ACCURATE
AND COMPREHENSIVE DIAGNOSIS.
HE PAID A FRIEND TO TAKE HIS
SATs SO HE COULD GET INTO
UNIVERSITY OF PENNSYLVANIA
IF TRUMP IS AFFORDED A SECOND
TERM, IT WOULD BE THE END OF
AMERICAN DEMOCRACY
THE PRESIDENT SAYS THE BOOK | {
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was empty.” Officer Coate was concerned that the armed individual
was still inside the vehicle, and the only place left to hide was the trunk.
{5} Sergeant Simmons and Officer Smith were also at the scene.Officer Smith testified
that she was the canine officer on scene and she had sent her dog to see if anyone else was
inside the vehicle. Officer Smith testified that her dog is trained in all patrol activities
including finding people and apprehending combative suspects. The dog failed to make a
complete check of the vehicle due to the presence of onlookers so the officers instituted a
secondary check. Sergeant Simmons testified that officers are trained to check the trunk of
a vehicle in order to prevent a possible ambush. Sergeant Simmons opened the trunk, saw
that theon school property was
dangerous. In this case the eyewitness accounts of someone pointing a rifle at a group of
people is direct evidence of dangerous use of a deadly weapon. After the officers arrived at
the scene, Child was handcuffed and secured in a patrol vehicle. The other occupants of the
tan car were also secured in patrol vehicles. Thus, as in Rowell, Child and the other
occupants no longer had access to any deadly weapons in the car. Also similar to Rowell,
there was a group of onlookers who had gathered near where the car was located.
{18} Granted, in Rowell, the defendant stated that there was a gun in his vehicle. Here,
Child did not make such an admission but those who reported the felony said that an
occupant of the tan car was | {
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BUT EVIDENCE OF
WHAT HAPPENED OBTAINED BY THE
FAMILY'S LAWYERS WAS JUST MADE
PUBLIC TODAY.
PRUDE WAS IN HIS UNDERWEAR WHEN
CONFRONTED BY POLICE IN THE
MIDDLE OF THE NIGHT.
THE VIDEO SHOWS THEM PUTTING
WHAT IS KNOWN AS A SPITHOOD IN
HIS HEAD, EARLY DAYS OF COVID.
WHEN HE STRUGGLES HIS HEAD IS
DRIVEN INTO THE PAVEMENT AND
HELD THERE FOR TWO MINUTES AND
HE STOPPED MOVING.
HE WAS TAKEN TO HOSPITAL BUT
TAKEN OFF LIFE SUPPORT SEVEN
DAYS LATER.
NOW, OF COURSE, THE U.S. HAS
SEEN MONTHS OF PROTESTS OVER
POLICE BRUTALITY AND RACIAL
INJUSTICE.
AND TODAY A RESPONSE FROM DONALD
TRUMP'S TOP LAW ENFORCEMENT
OFFICIAL.
IN AN UNUSUAL INTERVIEW,
ATTORNEY GENERAL WILLIAM BARR
DEFENDED POLICE ACTIONS AND
SEEMED TO DOWNPLAY CONCERNS OF
BLACK AMERICANS.
PAUL HUNTER HAS THE DETAILS.
>> WHAT DO WE WANT?
>> JUSTICE!
>> WHEN DO WE WANT IT?
>> NOW!
>> Reporter: AS AMERICANS
GRAPPLE OVER THE ISSUE OF RACIAL
INJUSTICE AND THE DEATHS OF
BLACK AMERICANS ATFEDERAL
FUNDING FOR CITIES, AS HE PUTS
IT, "THAT ALLOW ANARCHY,
VIOLENCE AND DESTRUCTION AND
DETERIORATE INTO THE LAWLESS
ZONES," CITING SEATTLE,
PORTLAND, NEW YORK AND THE U.S.
CAPITAL.
PAUL HUNTER, CBC NEWS,
WASHINGTON.
>> Adrienne: TO PARIS NOW
WHERE 14 PEOPLE WENT ON TRIAL
TODAY ACCUSED OF HELPING THREE
GUNMEN TO CARRY OUT HORRIFIC
ATTACKS ON THE "CHARLIE HEBDO"
MAGAZINE OFFICE AND THE KOSHER
GROCERY STORE BACK IN 2015.
RENÉE FILIPPONE SHOWS US WHY THE
TRIAL SHOULD SERVE AS A WARNING
TO OTHERS.
>> Reporter: IT WAS AN ATTACK
THAT EVOKED GLOBAL OUTRAGE WHEN
TWO MEN STORMED THE OFFICE OF
THE SATIRICAL NEWSPAPER "CHARLIE
HEBDO" AND STARTED SHOOTING.
11 STAFF AND A SECURITY GUARD
WERE KILLED.
THIS FORMER TERRORISM
PROSECUTOR, ONE OF THE FIRST ON
THE SCENE, DESCRIBED IT AS A WAR
ZONE WITH BODIES PILED UP.
THE TERROR CONTINUED FOR THE
NEXT TWO DAYS WITH AN ACCOMPLICE
WHO KILLED A POLICE OFFICER AND
OPENED FIRE AT A JEWISH
SUPERMARKET, KILLING FOUR
PEOPLE.
ALL | {
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