Thursday, September 30, 2010

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County

In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:

September 30, 2010.

1. The PEOPLE of the State of New York, Respondent, v. Heath EDMEAD, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Renee White, J.), rendered on or about January 21, 2009,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon. . .


2. The PEOPLE of the State of New York, Respondent, v. Marlon ELLIOTT, etc., Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Rena K. Uviller, J.), rendered on or about July 16, 2008,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereo. . .


3. The PEOPLE of the State of New York, Respondent, v. Livingston CLARK, Defendant-Appellant.
2010 WL 3744577, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered February 11, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed. The verdict was based on legally suff. . .


4. The PEOPLE of the State of New York, Respondent, v. Ernesto ABREU, Defendant-Appellant.
2010 WL 3701317, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered June 6, 2008, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fifth degree and criminally using dru. . .


5. The PEOPLE of the State of New York, Respondent, v. Keith BROWN, Defendant-Appellant.
2010 WL 3701321, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered on or about April 22, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52. . .


6. The PEOPLE of the State of New York, Respondent, v. Jamel DUGGINS, Defendant-Appellant.
2010 WL 3701349, N.Y.A.D. 1 Dept.,2010.,
Order, Supreme Court, New York County (Michael J. Obus, J.), entered April 8, 2009, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art. 6-C), unanimously affirmed, without costs. The court properly exercised its discretion in decl. . .


7. The PEOPLE of the State of New York, Respondent, v. Nathaniel SYVILLE, Defendant-Appellant.
2010 WL 3701368, N.Y.A.D. 1 Dept.,2010.,
Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered January 6, 2009, resentencing defendant to a term of 12 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision was not barred. . .


8. The PEOPLE of the State of New York, Respondent, v. Manuel MACK, Defendant-Appellant.
2010 WL 3701371, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered June 30, 2009, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed. The court properly exercised its discretion in denying defendant yout. . .


9. The PEOPLE of the State of New York, Respondent, v. Gerard JOHNSON, Defendant-Appellant.
907 N.Y.S.2d 6, N.Y.A.D. 1 Dept.,2010.,
Affirmed. Background: Defendant was convicted, upon plea of guilty, in the Supreme Court, New York County, Lewis Bart Stone, J., of assault in the first degree as hate crime, and was sentenced to 17 years' imprisonment. Defendant appealed. Judgment, Supreme Court, New York County (Lewis Ba. . .

New York Law Journal: Decisions of Interest September 30, 2010

If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you.

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Subscription required for online access unless otherwise noted:

Thursday, September 30, 2010

U.S. Court of Appeals, Second Circuit
Business Law
Judge Exceeded Authority in Ordering Wiretaps Turned Over to SEC in Galleon Case
Securities and Exchange Commission v. Raj Rajaratnam, 10-462-cv
FREE WITH REGISTRATION

Supreme Court, Kings County, Part 10
Criminal Practice
Presence of Screwdriver With Defendant's Fingerprints at Crime Scene, Though Circumstantial, Sufficient for Case to Proceed
People v. Goodman, 605/10
FREE WITH REGISTRATION

U.S. Court of Appeals, Second Circuit
Civil Practice
Circuit Limits Foreign Reach of RICO in Case Involving Russian Oil Industry
Norex Petroleum v. Acess Industries, 07-4553-cv
FREE WITH REGISTRATION

U.S. Court Of Appeals, Second Circuit
Internet Law
Digital Music Download Not a Public Performance Under Copyright Law, But License Fees Must Be Recalculated
US v. American Society of Composers, Authors and Publishers, 09-0539-cv (L)
FREE WITH REGISTRATION

U.S. District Court, Southern District
Business Law
Suit Against Sallie Mae and Former CEO Continues, Former CFO Dismissed
In re: SLM Corp. Securities Litigation, 08 Civ. 1029 (WHP)
FREE WITH REGISTRATION

NEW YORK COUNTY
Contracts
Absent Express Provision, Cost of Fixing Pipes Ruled Responsibility of Landlord
Mini Mint Inc. v. Citigroup Inc.

NEW YORK COUNTY
Alternative Dispute Resolution
Architectural Firm Estopped from Refusing To Arbitrate Claims From Contract Nonparty
WYS Design Partnership Architects P.C. v. Board of Managers of the 285 Lafayette Street Condominium

NEW YORK COUNTY
Criminal Practice
Fraud Claims Survive Against Woman Who Deposited Plaintiff's Funds Into Her Account
Demry v. Wind

NEW YORK COUNTY
Torts
Fact Issue Exists as to Whether Premises Owner Had Notice of Stored Door Panels
Raccah v. Barbizon Hotel Associates L.P.

NEW YORK COUNTY
Legal Profession
Complaint Not Predicated on Law of the Case Doctrine May Rely on Bankruptcy Decision
Metropolitan Plaza WP LLC v. Goetz Fitzpatrick LLP

KINGS COUNTY
Civil Practice
Differences in Legal Theory, Relief Sought Do Not Create Separate Cause of Action
Peter Williams Enterprises Inc. v. NYS Urban Development Corp.

U.S. COURT OF APPEALS, SECOND CIRCUIT
Transportation
Carmack Amendment Found Inapplicable To Shipment Under Through Waybill
Mitsui Sumitomo Insurance Co. Ltd. v. Evergreen Marine Corp.

U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Transmitting Conviction Supported Even If Firm Not 'Domestic Financial Institution'
United States v. Mazza-Alaluf

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Prejudgment Interest on Quantum Meruit Claim Is Held Mandatory Under State Law
Stillman v. InService America Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Government
Timely Lawsuit Did Not Cure Untimely EEOC Challenge to Agency Decision on Bias Claims
Brundage v. U.S. Department of Veterans Affairs

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Court Rejects ERISA Claim That Pension Fund Wrongly Withheld Benefits From Estate
Rivera v. Sheet Metal Workers' National Pension Fund

New York Law Journal: Lead Articles September 30, 2010

If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.

http://www.nylj.com

Subscription required for online access unless otherwise noted:

Thursday, September 30, 2010

Panel Upsets Order Requiring Wiretap Turnover in SEC Case
FREE

'Apprentice' Contender Quits Brooklyn D.A.'s Office

DNA Alone Found Sufficient to Support Indictment

Republicans Place Lazio on Ballot for Bronx Supreme Court Seat

News In Brief

Circuit Finds Downloads Are Not Public Performances

Correction

LAW.COM Newswire Highlights September 30, 2010

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2nd Circuit Upsets Order Requiring Wiretap Turnover in SEC Case Against Galleon
New York Law Journal

A unanimous federal appeals panel has overturned an order requiring defendants in the sprawling Galleon securities fraud case to hand over to the SEC roughly 18,000 wiretapped conversations they had been given by prosecutors in a parallel criminal prosecution. The 2nd Circuit panel found a lower court judge had "clearly exceeded" his jurisdiction by ordering the conversations' disclosure "prior to any ruling on the legality of the wiretaps and without limiting the disclosure to relevant conversations."

Leahy Introduces Bill to Allow Retired Supreme Court Justices to Serve
The National Law Journal

Sen. Patrick Leahy, D-Vt., has put into writing a proposal he first discussed publicly in June: allowing a retired U.S. Supreme Court justice to hear a case when a sitting justice has recused. A big question has been how to decide which retired justice would serve during times when there is more than one retiree who is willing to serve. Skeptics have wondered whether litigants might be able to game any substitution. Leahy's bill would answer the question by handing the decision to the Court itself.

Business Groups Sue SEC Over New Proxy Rules
The National Law Journal

The U.S. Chamber of Commerce and the Business Roundtable filed suit against the Securities and Exchange Commission on Wednesday, objecting to new proxy access rules for nominating corporate directors. The groups assert that the rules impose unjustified costs and empower unions and other special interest shareholders at the expense of regular investors. The petitioners have asked the SEC to stay the Nov. 15 effective date of the rules pending conclusion of the litigation.

Chief Justice to Hear Pfizer Cases After Selling Company's Stock
The Associated Press

Chief Justice John Roberts has sold his shares of Pfizer Inc., a move that allows him to participate in two pending Supreme Court cases involving the pharmaceutical maker. In the past, Roberts has not taken part in cases involving Pfizer because he owned less than $15,000 of the company's stock. Supreme Court spokeswoman Kathy Arberg offered no explanation for Roberts' decision to sell the stock now, but it appears likely that Justice Elena Kagan's need to sit out the two cases played a role in Roberts' timing.

Senate Responds to High Court Ruling on 'Crush Videos'
The National Law Journal

The Senate on Tuesday passed legislation to address the First Amendment implications of banning animal "crush videos" -- a response to the U.S. Supreme Court ruling in April that struck down as overbroad the federal Depiction of Animal Cruelty Act of 1999. The high court majority suggested in its ruling that a narrower statute, one limited to crush videos, might pass constitutional muster. The legislation would criminalize the creation, sale, distribution, advertising, marketing and exchange of animal crush videos.

Former Law Firm Partner Charged With Bribing Senator
New Jersey Law Journal

A former partner at one of New Jersey's most prominent law firms is accused of paying $192,000 to a state senator in exchange for legislation and other favors intended to benefit the attorney's land-developer clients. An indictment announced this week charges that Eric Wisler, while a partner at DeCotiis, FitzPatrick & Cole, made regular payments from 2004 through 2006 to Sen. Wayne Bryant, D-Camden, in return for Bryant's influence in the Legislature.

Calif. Federal Judge in Gay Marriage Case to Return to Private Practice
The Recorder

Judge Vaughn Walker announced Wednesday he will step down as chief judge of the Northern District of California at the end of the year and will leave the court in February. After two decades on the federal bench, Walker said he wants to return to the private sector. That means if the landmark same-sex marriage case tried before him earlier this year is remanded, it would go to a different judge. The case, in which Walker found the state's gay-marriage ban unconstitutional, is set to be argued at the 9th Circuit in December.

'Apprentice' Contender Quits Brooklyn DA's Office
New York Law Journal

An assistant Brooklyn district attorney has tested whether participating in "the ultimate job interview" on Donald Trump's reality show "The Apprentice" is compatible with being a prosecutor. Apparently, it isn't. Mahsa Saeidi-Azcuy's decision to resign this week renders moot the question of whether District Attorney Charles J. Hynes would be compelled to borrow Trump's trademark tagline: "You're fired."

Calif. Supreme Court Says Inmate's Execution Can't Be Hurried
The Recorder

The California Supreme Court on Wednesday dealt the latest blow to the state's effort to execute a condemned inmate. The court unanimously refused to accommodate the state's timeline for executing Albert Greenwood Brown by suspending its own rules or speeding up its process for reviewing how the prison system adopted new execution regulations. The ruling comes after a federal judge stayed Brown's execution on different grounds.

Bill's Passage Boosts Chances for Settlement of 9/11 Cases
New York Law Journal

The odds of a $712.5 million settlement being approved by responders and cleanup workers at Ground Zero got a boost as the U.S. House of Representatives approved a bill setting aside $7.4 billion to provide compensation and free health care. The bill passed following changes that would ensure that police, firefighters and cleanup workers do not have to choose between the bill and a proposed settlement with New York City and its contractors who are insured through the federally funded World Trade Center Captive Insurance Co.

Fla. Grand Jury Won't Probe Complaint Over 'Taj Mahal' Courthouse
The Associated Press

A grand jury has decided against investigating a citizen's complaint about a $48 million appellate courthouse so opulent that critics are deriding it as a "Taj Mahal." The new home of the 1st District Court of Appeal in Tallahassee, Fla., has become a political football, with politicians blaming each other for approving a sprawling structure replete with a rotunda, dome and columns. Other features include private bathrooms with granite countertops for each of the 15 judges as well as big-screen televisions and kitchens.

80 Years Later, Capone Wins Freedom Again in Mock Trial

Daily Business Review

Miami attorneys, journalists and others -- all in snappy suspenders and fedoras, slick shoes and even slicker hair -- took part Tuesday in a re-enactment of a 1930 trial of notorious Prohibition-era gangster Al Capone, as part of the celebration of the 100th year of Miami-Dade Circuit Court. Judge Scott J. Silverman, who organized the retrial, said the original case was the product of an angry South Florida community eager to rid itself of the nation's biggest mobster -- and willing to illegally arrest him to do it.

India Shuts Out Foreign Law Firms
The American Lawyer

Only a few days after large foreign firms in Brazil received some troublesome news about their ability to operate in that country, many of those same firms got another dose of bad news, this time about their aspirations to gain a foothold in India. India's Ministry of Law and Justice issued two statements on behalf of The Bar Council of India stating that the regulatory body "has decided not to permit foreign lawyers into India."
Visit International News

GCs: Legal Directories Out, Online Searches In
Corporate Counsel

Google searches and online bios are replacing traditional legal directories when it comes to finding outside firms to hire, according to a panel of top legal officers gathered in Denver this summer. Lessons for law firms? Beef up online bios, diversity sells, and get a handle on tech.
Visit Legal Technology

Why No Big Law Reality Series?
Fulton County Daily Report

With all the legal dramas on TV, why aren't there any reality series starring attorneys? The Snark takes a shot at working up a concept for "Big Law Bites," but knows such a show is unlikely, noting, "Sometimes truth isn't stranger than fiction. It's just less interesting."
Visit lawjobs.com News & Views

The Careerist: When the Stay-Home Parent Wants to Go Back to Work
The Careerist

Check out some of the latest posts on the lawjobs.com blog, The Careerist. When the Stay-Home Parent Wants to Go Back to Work: A how-to guide Also Law School News: Pushy Mom; Spammed Prof, Spurned Students; Lit Prize Also So That's What Men Do!

© 2010 ALM Media Properties, LLC. All rights reserved.

Wednesday, September 29, 2010

U.S. Supreme Court: Wednesday Roundup

The U.S.Supreme Court agrees to hear fourteen new cases and changes its policy on releasing audio recordings of oral arguments. Two new cases involving Anna Nicole Smith and a corporate right to privacy attract the most attention from the media and blogosphere.

From a September 29,2010 posting by Adam Chandler on Scotusblog

Congressional Research Service (CRS) Reports Posted September 29, 2010*

Employee Stock Options: Tax Treatment and Tax Issues
Report No. RL31458
Subjects: Finance; Taxation
CRS Reports, 111th Congress (9/10/2010; Posted: 9/29/2010)
---------------------------------

The Budget Reconciliation Process: The Senate's 'Byrd Rule'
Report No. RL30862
Subjects: Budget; Congress
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------

Saving for College Through Qualified Tuition (Section 529) Programs
Report No. RL31214
Subjects: Education; Taxation
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------

Research and Experimentation Tax Credit: Current Status and Selected Issues for Congress
Report No. RL31181
Subjects: Science Policy; Taxation
CRS Reports, 111th Congress (9/10/2010; Posted: 9/29/2010)
---------------------------------

Retirement Benefits for Members of Congress
Report No. RL30631
Subjects: Congress; Pensions
CRS Reports, 111th Congress (9/14/2010; Posted: 9/29/2010)
---------------------------------

Deregulating Genetically Engineered Alfalfa and Sugar Beets: Legal and Administrative Responses
Report No. R41395
Subjects: Agriculture
CRS Reports, 111th Congress (9/10/2010; Posted: 9/29/2010)
---------------------------------

China and Proliferation of Weapons of Mass Destruction and Missiles: Policy Issues
Report No. RL31555
Subjects: China
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------

Unauthorized Alien Students: Issues and 'DREAM Act' Legislation
Report No. RL33863
Subjects: Education; Immigration
CRS Reports, 111th Congress (9/15/2010; Posted: 9/29/2010)
---------------------------------

Food Safety on the Farm: Federal Programs and Legislative Action
Report No. RL34612
Subjects: Agriculture; Food; Health Policy
CRS Reports, 111th Congress (9/16/2010; Posted: 9/29/2010)
---------------------------------

The Earned Income Tax Credit (EITC): An Overview
Report No. RL31768
Subjects: Taxation
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010)
---------------------------------

Supreme Court Appellate Jurisdiction Over Military Court Cases
Report No. RL34697
Subjects: Law; Defense Policy
CRS Reports, 111th Congress (9/14/2010; Posted: 9/29/2010)
---------------------------------

The Statutory Pay-As-You-Go Act of 2010: Summary and Legislative History
Report No. R41157
Subjects: Budget
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------

Small Business Expensing Allowance: Current Status, Legislative Proposals, and Economic Effects
Report No. RL31852
Subjects: Business; Taxation
CRS Reports, 111th Congress (9/15/2010; Posted: 9/29/2010)
---------------------------------

Small Business Administration 7(a) Loan Guaranty Program
Report No. R41146
Subjects: Business
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010)
---------------------------------

Entering the Executive Branch of Government: Potential Conflicts of Interest With Previous Employments and Affiliations
Report No. RL31822
Subjects: Civil Service; Executive Branch Depts.; Government Employees
CRS Reports, 111th Congress (9/14/2010; Posted: 9/29/2010)
---------------------------------

Small Business Legislation: H.R. 3854 and H.R. 5297
Report No. R41385
Subjects: Business
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010)
---------------------------------

Distribution of Broadband Stimulus Grants and Loans: Applications and Awards
Report No. R41164
Subjects: Rural Affairs; Telecommunications
CRS Reports, 111th Congress (9/9/2010; Posted: 9/29/2010)
---------------------------------

Appropriations and Fund Transfers in the Patient Protection and Affordable Care Act (PPACA)
Report No. R41301
Subjects: Budget; Health Policy
CRS Reports, 111th Congress (9/13/2010; Posted: 9/29/2010)
---------------------------------

The Americans with Disabilities Act (ADA): Final Rule Amending Title II and Title III Regulations
Report No. R41376
Subjects: Disabled Persons
CRS Reports, 111th Congress (9/16/2010; Posted: 9/29/2010)
---------------------------------

Small Business Administration HUBZone Program
Report No. R41268
Subjects: Business
CRS Reports, 111th Congress (9/17/2010; Posted: 9/29/2010
___________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.

New York Appellate Criminal Cases Originating from New York Supreme Court NY County

In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:

September 29, 2010

1. The PEOPLE of the State of New York, Respondent, v. Cecille VILLACORTA, Defendant-Appellant.
2010 WL 3744061, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered July 6, 2009, convicting defendant, after a jury trial, of grand larceny in the third degree and 144 counts of falsifying business records in the first degree, and sentencing her to concurrent terms of 90 days, with 5 years' prob. . .


2. The People of the State of New York, Respondent, v. Scott Liden, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3256
_________________________ Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about April 25, 2007, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d 83. . .


3. The PEOPLE of the State of New York, Respondent, v. Anthony CAPONIGRO, Defendant-Appellant.
2010 WL 3744364, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Budd G. Goodman, J. at suppression hearing; Bonnie G. Wittner, J. at jury trial and sentence), rendered February 28, 2006, convicting defendant of attempted assault in the first degree and criminal possession of a weapon in the second and third degrees, and . . .


4. The People of the State of New York, Respondent, v. Rafael Valentin, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3259
_________________________ Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 31, 2008, which, adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs. The co. . .


5. The People of the State of New York, Respondent, v. Heath Edmead, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010., 3261
_________________________ An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Renee White, J.), rendered on or about January 21, 2009, And said appeal having been argued by counsel for the respective parties; and due deli. . .


6. The People of the State of New York, Respondent, v. Marlon Elliott, etc., Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010., 3262
_________________________ _______________________ Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.


7. The People of the State of New York, Respondent, v. Livingston Clark, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3265
_________________________ Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered February 11, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed. The verdi. . .


8. The People of the State of New York, Respondent, v. Abdul Beyah also known as Donald Williams, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept.,2010., 3266
_________________________ Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-c), unanimously affirmed, without costs. Since defendant . . .

New York Law Journal: Decisions of Interest September 29, 2010

If you are already an online subscriber to this New York Law Journal service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you.

http://www.nylj.com

Subscription required for online access unless otherwise noted:

Wednesday, September 29, 2010

Supreme Court, Kings County
Criminal Practice
Grand Jury Testimony Allowed In Domestic Violence Case
People v. Darrell Smith, 9235/09 Free with registration.

District Court, Southern District
Business Law
Subprime Securities Case Proceeds Against AIG
In re American International Group, 08 Civ. 4772 Free with registration.

NEW YORK COUNTY
Administrative Law
Recommendation to Deny Injured Officer's Applications for Disability Found Proper
Ortiz v. Kelly


NEW YORK COUNTY
Legal Profession
No Attorney-Client Relationship Found Between Lawyer, Outside Counsel
Gordon v. SkyLink Aviation Inc.


NEW YORK COUNTY
Criminal Practice
RICO Claims Survive Against Employees Of City's Homeless Services Department
Mione v. NYC Department of Homeless Services

KINGS COUNTY
Real Property
Former Property Owner Cannot Rely On Easement to Establish Ownership
Peter Williams Enterprises Inc. v. New York State Urban Development Corp.


QUEENS COUNTY
Health Law
Not Ready for Release, Mentally Ill Defendant Ruled Not Suffering From Dangerous Disorder
People v. D.W.H.


RICHMOND COUNTY
Contracts
Obligations Under Finance Lease Become Irrevocable on Acceptance of Equipment
Direct Capital Corporation v. Osunbayo


APPELLATE DIVISION
SECOND DEPARTMENT
Torts
Mislaid Crowbar Ruled Trip Hazard; Hurt Worker Not Proven a 'Special Employee'
Slikas v. Cyclone Realty LLC


U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Practice
Aid Recipient Can Assert Minimum Wage Challenge to Lottery Proceeds' Interception
Carver v. City of New York


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Banking
Banks Denied Use of 'Intended Payee Defense' In Suit to Recover Checks' $85,000 Proceeds
Roberts v. Wachovia Bank N.A.


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Dismissal of Bulgarian Firm's Breach Action Against Iraq as Untimely Not Reconsidered
Bulgartabac Holding AD v. Republic of Iraq


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
1942 'Rear Window' Story Ruled Not Infringed by 2007 Film 'Disturbia'
The Sheldon Abend Revocable Trust v. Spielberg

New York Law Journal: Lead Articles September 29, 2010

If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.

http://www.nylj.com

Subscription required for online access unless otherwise noted:

Wednesday, September 29, 2010

Akin Gump, Orrick Explore Merger
Free

Judge to Query Jurors in Trial of Accused al-Qaida Bomber

Court Throws Out Civil Rights Lawsuit Filed After Dismissal of 'Cybersex Torture' Charges

First Department Kicks Off Hearings on Civil Legal Services for Poor Free

News In Brief

LAW.COM Newswire Highlights September 29, 2010

A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw


Subscription required for online access to stories listed below:

Akin Gump, Orrick Explore Merger Possibility
New York Law Journal

Orrick, Herrington & Sutcliffe and Akin Gump Strauss Hauer & Feld confirmed Tuesday that they are engaged in "preliminary discussions" about the possibility of combining, potentially reshaping the legal landscape by creating a more than 1,800-lawyer firm with revenues of more than $1.5 billion. News of the potential deal comes amid renewed interest in mergers among the United States' law firms, with activity picking up after a drop-off in the recession.

Flat Demand, Price Pressures Behind Ominous Legal Jobs Forecast, Says Hildebrandt
The American Lawyer

An analysis of the legal job market by Hildebrandt Baker Robbins shows that nearly 27 percent of the 65,000 non-partner positions at Am Law 200 firms could be cut or recategorized as lower-paying positions over the next five to seven years. According to Hildebrandt managing director Lisa Smith, roughly 17,500 jobs could disappear within that time frame. As Smith sees it, what's happening in the legal industry is a microcosm of the overall economic picture.

Scores of Lawyers Apply for Lead Counsel in BP Litigation
The National Law Journal

More than 100 lawyers who are suing BP over the Deepwater Horizon oil spill have applied for coveted places on the committee that will lead the multidistrict litigation, citing either the extensive work they've already done or the unique role they would fill as the representative of a specific group of alleged victims. The plaintiffs' steering committee will conduct discovery, decide which motions to file and pocket the largest attorney fees in what stands to become one of the largest mass torts in history.

Supreme Court Grants 14 New Cases, With Kagan Recused in 4
The National Law Journal

The Supreme Court on Tuesday granted review in 14 new cases to be argued in its new term. The order list is the product of the Court's so-called "long conference" Monday at which, in private, it considered the thousands of petitions that have piled up during the summer recess. The list also indicated that Justice Elena Kagan has decided to recuse in four of the new cases, which makes for a total of 25 cases out of the 54 the Court has granted review so far in which Kagan will not participate.

Texas Law Professor Encounters Campus Gunman
Texas Lawyer

Tuesday was not a typical morning for Randall B. Wilhite, an adjunct professor at the University of Texas School of Law. As the Fullenweider Wilhite shareholder drove to the school, he heard "a loud burst of noise" and saw a man, wearing a ski mask and carrying what appeared to be an assault rifle, run in front of his car and fire several shots to the left of his vehicle. Authorities later confirmed that the gunman fatally shot himself.

Supreme Court Will Release Argument Audio on Delayed Basis
The National Law Journal

The Supreme Court announced Tuesday that, starting next week, it will post the audio of all its oral arguments on the Friday after they occur. Since the Court only hears arguments on Mondays, Tuesdays and Wednesdays, that means the release will be several days after the fact, making it of little use for contemporary reports by the news media. The justices have been under pressure from Congress in recent years to allow video and audio access to the Court's proceedings.

W.Va. Justice Reverses Self, Recuses in Malpractice Case
The National Law Journal

West Virginia Supreme Court of Appeals Judge Menis Ketchum has reversed course and decided to recuse himself in a pending case on damage caps in malpractice cases, an issue on which he had taken a stand during his election campaign. A plaintiffs lawyer filed a motion for recusal last week after reading media reports that, during the 2008 election, Ketchum had said of the Medical Professional Liability Act, "I will not vote to overturn it. I will not vote to change it. I will not vote to modify it."

Court Ponders Whether 'Thumbs Up' Is an Overt Act for Conspiracy Purposes
New Jersey Law Journal

The New Jersey Supreme Court on Monday set out to determine whether a "thumbs up" and an encouraging word between co-defendants can amount to an overt act in furtherance of a continuing criminal conspiracy, and whether those out-of-court communications can be admitted into evidence. The appeals panel had cited the court decision that found Army Specialist Sabrina Harman's thumbs-up gestures in photographs with Abu Ghraib detainees signaled approval and encouragement to her co-conspirators.

Federal Judge Blocks Calif. Execution
The Associated Press

A federal judge on Tuesday blocked what would have been California's first execution in nearly five years. Judge Jeremy Fogel canceled the execution of rapist-murderer Albert Greenwood Brown after the 9th Circuit ordered him to reconsider his decision using different legal standards. Fogel said he halted the execution because he didn't have enough time to decide the weighty constitutional issues Brown raised before his scheduled execution at 9 p.m. Thursday.

Juvenile Detention Facility's Insurer Has No Duty to Defend 'Kids-for-Cash' Suits, Says Judge
The Legal Intelligencer

Gregory Zappala, owner of the juvenile detention facility at the heart of Pennsylvania's "kids-for-cash" scandal, suffered a setback this week when a federal judge ruled his insurer has no duty to defend him in a spate of civil suits. Prosecutors have never charged Zappala with any wrongdoing, but the civil suits allege he was part of a RICO conspiracy and was aware kickbacks were being paid by his former partner to judges in order to guarantee youths would be sent to a facility owned by Zappala's company.

Brazilian Bar Concludes Foreign Law Firm Alliances Break Rules
The American Lawyer

The legal market in Brazil has been particularly active in recent months, with firms like Milbank and Gibson Dunn announcing they were opening Brazilian offices. But a recent ethical and disciplinary panel opinion of the Sao Paulo Bar illustrates the mounting tension over the influx of foreign firms into one of the world's fastest-growing economies. Although only advisory, the opinion indicates where a more formal ruling might fall if a case were brought against major U.S. firms operating in Brazil in alliance with local firms.
Visit International News

The Role of Social Media in Sentencing Advocacy
New York Law Journal

Embarrassing Facebook photos and regrettable MySpace statements are starting to become commonplace in pre-sentencing reports and disposition hearings. But attorney Ken Strutin also sees potential in these sites to generate mitigating evidence for the defense to present at sentencing.
Visit Legal Technology

Commentary: What Makes Satisfied Lawyers Tick?
The American Lawyer

What makes satisfied attorneys tick and what can be done to increase their ranks? That's the question presented by Steven Harper, adjunct professor at Northwestern University and a recently retired partner from Kirkland & Ellis. Does it help for large firms to resist an MBA mentality?
Visit lawjobs.com News & Views

The Careerist: Law School News About Pushy Mom, Spammed Prof, Spurned Students
The Careerist

Check out some of the latest posts on the lawjobs.com blog, The Careerist. Law School News: Pushy Mom; Spammed Prof, Spurned Students; Lit Prize Also So That's What Men Do! Also My Date With Speed Mentors
Visit The Careerist

10 Items for Your Law Firm Marketing 'To-Do' List
The Legal Intelligencer

Like clockwork every fall -- once the summer ends and kids go back to school -- consultant Stacy West Clark's phone starts ringing with calls from law firms that see a long fall and winter ahead and are re-energized to rev up their business development activities. So, Clark has created a fall marketing "to-do" list of things to get firms going. Among the items Clark suggests: Audit the experience of being a client, put together a public record of your accomplishments and mandate that associates get involved.

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Tuesday, September 28, 2010

Lawyer Sues Ex Firm for Harrassment

A lawyer has filed suit against his former firm, saying he was sidelined after refusing to attend a team-building retreat at which associates took off all their clothes and discussed their emotions. The firm, Bisnar/Chase, called the accusation a "shakedown" and said it had filed a countersuit against the former employee. ABA Journal (9/23

North Carolina: Effective Dates for the Satellite Based Monitoring Law

By Jeff Welty

North Carolina Criminal Law. UNC School of Government Blog ... 42), the effective date provision of the 2007 law that added the SBM determination hearing procedure set out in G.S. 14-208.40B (the provision under which Cowan was called back in to court) reads simply that it was effective December 1, 2007—after Cowan was sentenced and well after his 2005 offense date. The court of appeals disagreed, holding that the 2007 legislation adding G.S. 14-208.40A and -208.40B are ...
North Carolina Criminal Law - http://sogweb.sog.unc.edu/blogs/ncclaw/

Genting Pays New York State $380 Million for Aqueduct Video Gambling Right

Genting Pays New York State $380 Million for Aqueduct Video Gambling Right
Bloomberg
“After almost a decade of delay, this project is finally becoming a reality and all New Yorkers will benefit,” Governor David Paterson said in a statement. ...

New York Law Journal: Decisions of Interest September 28, 2010

If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links to decisions provided below, sign in, and access the full text of articles listed.

http://www.nylj.com

Subscription required for online access:

U.S District Court, Eastern District
Schools and Education
Parents Opposed to Vaccination on Religious Grounds May Pursue Claims Under State Law
Caviezel v. Great Neck Public Schools, 10-cv-652 (ADS)(WDW)

Supreme Court, New York County, IA Part 39
Criminal Practice
Bid to Disqualify Dechert Attorneys Is Denied and Arbitration Is Ordered to Proceed
Matter of Gordon v. Skylink Aviation, 111401/09

APPELLATE TERM
Insurance Law
Insurer Granted Reversal of Judgment; Complaint Dismissed for Lack of Coverage
Lenox Hill Radiology and MAI PC v. Government Employees Ins. Co.


NEW YORK COUNTY
Civil Practice
Refusal to Authorize Co-op Conversion Starts Statute of Limitations Clock
Barton v. 270 St. Nicholas Ave. Housing Development Fund Corp.


NASSAU COUNTY
Criminal Practice
Officers' 'Vague' Reason to Approach Car Results in Dismissal of Weapon's Charge
People v. Medda

DUTCHESS COUNTY
Real Property
Improper Notice at Direction Of District Employee Ruled Excused
Matter of Hansen v. Town of Red Hook


ROCKLAND COUNTY
Real Property
Congregation Is Granted Cancellation Of Notice of Pendency Under CPLR 6514(a)
Baygold Associates Inc v. Congregation of Yetev Lev of Monsey Inc.


ESSEX COUNTY
Criminal Practice
Court Rules Trier of Fact Could Have Found Essential Elements of Acts Beyond Doubt
People v. Monroe


U.S. COURT OF APPEALS, SECOND CIRCUIT

Immigration Law
Permanent U.S. Resident Ruled Removable; Definition of 'Crime of Violence' Found Met
Brooks v. Holder


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Intellectual Property
Marley Recordings Ruled 'Works Made For Hire' Under Exclusive Agreements
Fifty-Six Hope Road Music Ltd. v. UMG Recordings Inc.


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Torts
Injured Plaintiff Fails to Allege Kmart's Stationary Escalator Defective, Hazardous
Ramos v. Sears/Kmart


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Settlement Agreement Entered Into by CEO Without Representation Still Valid, Binding
Colburn Family Foundation v. Chabad's Children of Chernobyl


U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Employment
Fired Forklift Operator Fails to Claim Racially Biased Employment Practices
Sands v. Manhattan Beer Distributors Inc.

New York Law Journal: Lead Articles September 28, 2010

If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.

http://www.nylj.com


Subscription required for online access unless otherwise noted:

Tuesday, September 28, 2010

Attorney Says Decision to Drop Her Case Was Not Quick Enough Subscription RequiredNew York Law Journal

Citing Lack of Raises, OCA Trims Curbs on Judicial Moonlighting
FREE.

Goal Is to Keep Services as Workers Retire
FREE.

Magistrate Judge Finds Conflict, Removes Winston From $1 Billion Suit Subscription RequiredNew York Law Journal

News In Brief

LAW.COM Newswire Highlights September 28, 2010

A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw

Subscription required for online access:

Citing 'Egregious Breach,' Judge Slashes BAR/BRI Fees
The National Law Journal

The roller-coaster ride isn't over for plaintiffs lawyers attempting to recover fees in the antitrust case against the parent company of BAR/BRI. U.S. District Judge Manuel Real, citing an "egregious breach of McGuireWoods's ethical duties," on Monday granted $500,000 in fees to the firm -- significantly less than the $12 million originally awarded in a $49 million settlement in 2007 that resolved a class action by 300,000 consumers who alleged West Publishing conspired to monopolize the bar exam review course market.

'D.C. 25' Report Shows Law Firms' Pain on the Potomac
The National Law Journal

The Beltway is no longer a barrier against the pitfalls of a down economy. The majority of Washington, D.C.'s top-grossing law firms saw revenues slide in 2009, and 2010 isn't shaping up to be a strong year either, firm leaders say. The National Law Journal D.C. 25 survey, an annual ranking of the top moneymakers among Washington law offices, found that, for the first time in 11 years, the combined gross revenue for Washington's largest firms declined, falling 2.7 percent to $5.9 billion.

Another Bid for Privileged WaMu Documents Fails
The American Lawyer

A group of Texas bondholders became the latest group to make a grab for records of communication between Washington Mutual and its attorneys, and like most of those who came before them, the bondholders have failed to get what they wanted, according to court records and lawyers involved in the case. A federal bankruptcy court judge agreed with WaMu's lawyers that WaMu never used the attorney-client privilege as a "sword" to defend against a claim, and thus were free to use privilege as a "shield" against the request.

The Lawyers of the 'Forbes' 400
The American Lawyer

Forbes released its annual list of the 400 wealthiest Americans last week and according to The American Lawyer's analysis, 37 of those who made the cut are law school graduates. While most of them didn't accumulate their fortunes in the legal trade, Forbes does identify Houston's Joe Jamail as the nation's richest practicing attorney. Here are some of those that gave up billing by the hour in order to make billions.

Federal Prosecutor in Stevens Case Commits Suicide
The National Law Journal

A Justice Department prosecutor who played a lead role in the corruption case against former U.S. Sen. Ted Stevens, R-Alaska, has committed suicide. Nicholas Marsh, who was transferred from the Public Integrity Section amid a criminal investigation of the government's handling of the case against Stevens, killed himself over the weekend. Marsh was one of a group of prosecutors who were under criminal investigation for the government's mishandling of the case.

Schwarzenegger Delays Calif. Execution so Courts Can Hear Appeals
The Associated Press

California Gov. Arnold Schwarzenegger on Monday delayed by nearly two days the state's first execution since 2006 to allow more time for courts to consider the condemned inmate's appeals. Albert Greenwood Brown is now scheduled to die by lethal injection Thursday. Brown's attorneys have filed simultaneous appeals to federal and state courts, arguing that the state improperly adopted new lethal injection procedures that result in cruel and unusual punishment.

Obama's Ex-Counsel Reveals White House Tensions
The National Law Journal

The possible departure of White House Chief of Staff Rahm Emanuel could shore up the standing of another prominent member of the Obama administration, Attorney General Eric Holder Jr. That's according to Gregory Craig, who served as counsel to President Barack Obama until January. Craig had a contentious working relationship with Emanuel on issues of national security, as has Holder. And Craig's views on the subject -- picked up by a live microphone at a recent speech -- weren't meant to be public.

Citigroup's $75 Million Settlement With SEC Gets Green Light -- Almost
The American Lawyer

After keeping the parties' lawyers on pins and needles for over a month, Washington, D.C., federal district court Judge Ellen Segal Huvelle said Friday that she will "ultimately approve" Citigroup's $75 million settlement with the SEC over the bank's inadequate reporting of its exposure to subprime mortgage debt, provided that the SEC certifies Citigroup's revamped disclosure procedures and that the $75 million is used for compensating shareholders who suffered losses as a result of Citigroup's misstatements.

Attorney Says 'Sexting' Wis. Prosecutor to Resign
The Associated Press

A Wisconsin prosecutor facing removal from office over accusations that he abused his position in seeking relationships with vulnerable women will resign instead, his attorney said Monday. The attorney said Calumet County District Attorney Ken Kratz, who reportedly sent 30 text messages to a domestic abuse victim trying to strike up an affair while he prosecuted her ex-boyfriend on a strangulation charge, will step down before Oct. 8, the date set for a hearing to hear testimony on his possible removal from office.

Two Years Later, Witness Intimidation Case Against Attorney Dropped
New York Law Journal

The two-year legal odyssey of Arienne Irving, the New York defense attorney who faced life in prison for her alleged role in a violent plot to intimidate witnesses on behalf of a Guyanese drug kingpin, is officially over. Without giving an explanation, the Eastern District U.S. Attorney's Office withdrew its appeal Monday of Judge John Gleeson's decision to throw out a jury verdict convicting Irving of six felonies. Irving's co-defendant and former boss, Robert Simels, is serving a 14-year sentence in a federal prison.

After Landmark Supreme Court Case, Citizens United Group Finds Its Niche
The Associated Press

In a pair of town houses less than 10 blocks from where the Supreme Court gave his group a place in legal history, David Bossie is making movies and cutting a path for a new art form: the nonpolitical political ad. Bossie is the president of Citizens United, a conservative group whose anti-Hillary Clinton movie in 2008 led to a landmark ruling this year, when the Court threw out parts of a 63-year-old law prohibiting corporations and unions from paying to air ads for or against political candidates.

Clients Told to Rethink Taking IRS Amnesty Offer on Unreported Offshore Bank Accounts
Daily Business Review

With the IRS baring its teeth at anyone with an unreported offshore bank account, the rule of thumb was to submit to the agency's compliance program to avoid fines or prosecution. But after the amnesty program's expiration, tax litigators are not as ready to suggest their clients throw themselves under the IRS bus. Some are even opting out of the program that was so successful in the aftermath of the UBS investigation last year, which resulted in a $780 million fine for the bank and the revealing of American tax dodgers.
Visit International News

Labor Disputes Arising out of Social Media
The National Law Journal

With a Facebook page, YouTube channel, and Twitter feed, the NLRB seems poised to address disputes over social media in the workplace. Will employers who allow nonbusiness use of social media, but exclude their use for union-related activity, be found in violation of federal labor laws?
Visit Legal Technology

What One Deferred Associate Learned During His Internship
The American Lawyer

Andrew Ardinger, a deferred associate at Orrick, Herrington & Sutcliffe, is finishing up his one-year internship at the Public Interest Law Project, and will be starting work soon at the firm. He discusses some of the benefits he has received by working at the nonprofit organization.

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Monday, September 27, 2010

New York Times Editorial: A Reminder for the F,B.I.

Editorial
Published: September 26, 2010
New York Times

The day after Thanksgiving, 2002, was a slow day in the Pittsburgh office of the F.B.I., so a supervisor sent a special agent to a rally against the threatened war in Iraq to look for any terrorism suspects who might be there, just to “see what they are doing.” The peace rally was sponsored by the Thomas Merton Center, which has opposed violence and armed conflict since the days of Vietnam, and consisted largely of people distributing leaflets. There was not the slightest indication that there were any terrorists there or even the hint of a connection to terrorism. Nonetheless, the agent kept the leafleteers under surveillance and even took pictures...

To see complete editorial go to:
http://www.nytimes.com/2010/09/27/opinion/27mon2.html

Lax State Gun Laws Tied to Crimes in Other States

By ERIC LICHTBLAU
Published: September 26, 2010
New York Times.

WASHINGTON — Nearly 600 mayors nationwide, led by Mayor Michael R. Bloomberg of New York and other city leaders, are mounting a new campaign to identify states with lax gun laws and push for tighter restrictions to prevent the trafficking of guns used in crimes...

See complete article at:
http://www.nytimes.com/2010/09/27/us/politics/27guns.html

U.S. Wants to Make It Easier to Wiretap the Internet

By CHARLIE SAVAGE
Published: September 27, 2010
New York Times:

WASHINGTON — Federal law enforcement and national security officials are preparing to seek sweeping new regulations for the Internet, arguing that their ability to wiretap criminal and terrorism suspects is “going dark” as people increasingly communicate online instead of by telephone....

See complete article at: http://www.nytimes.com/2010/09/27/us/27wiretap.html

Selected Congressional Research Reports (CRS) Posted on September 27, 2010*

Americans with Disabilities Act (ADA) Requirements Concerning the Provisions of Interpreters by Hospitals and Doctors
Report No. 97-826
Subjects: Disabled Persons
CRS Reports, 111th Congress (9/9/2010; Posted: 9/27/2010)
---------------------------------

Federal Employees' Retirement System: Benefits and Financing
Report No. 98-810
Subjects: Civil Service; Government Employees; Pensions
CRS Reports, 111th Congress (9/15/2010; Posted: 9/27/2010)
---------------------------------

Campaign Finance Law and the Constitutionality of the 'Millionaire's Amendment': An Analysis of Davis v. Federal Election Commission
Report No. RS22920
Subjects: Congress; Elections
CRS Reports, 111th Congress (9/8/2010; Posted: 9/27/2010)
________________________
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.

New York Legislature: Chapter Laws Reported as Signed During Week Ending September 26, 2010

Source: New York Legislative Retrieval System (LRS), Search run September 26,2010.

To retrieve the text of any of the New York Chapter laws listed below, go to http://public.leginfo.state.ny.us/menuf.cgi

Chapter Bill No.
483 A924E DelMonte (MS) -- Authorizes the department of environmental conservation to promulgate standards authorizing hunting with a crossbow; repealer
BLURB : En Con L. hunting w/crossbow
Chapter Signed Date Effective Date
483 09/17/2010 takes effect 10/1/2010, except that §§4 and 5 shall take effect 2/1/2011, provided that any rules or regulations necessary for the timely implementation of the provisions of this act on its effective date shall be promulgated on or before 2/1/2011 and provided that this act shall expire on 12/31/2012 when upon such date the provisions of this act shall be deemed repealed; provided that the amendments to par a of subd 2 of §11-0907 of the environmental conservation law made by §11 shall be subject to the expiration and reversion of such paragraph pursuant to §13 of chapter 600/1993, as amended, when upon such date the provisions of §12 shall take effect
Last Act: 09/17/10 signed chap.483

484 A1130A Dinowitz -- Provides for limited dental instruction for dentists licensed in another state at accredited and approved schools or residency programs
BLURB : Ed L. lim dent instr
Chapter Signed Date Effective Date
484 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.484

485 A2294 Thiele -- Relates to the taking of fish for commercial purposes
BLURB : En Con L. taking fish comml purps
Chapter Signed Date Effective Date
485 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.485

486 A4687 Lopez V (MS) -- Increases membership of New York city housing authority
BLURB : Pub Hous. NYC hsng auth; mbrshp
Chapter Signed Date Effective Date
486 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.486

487 A5653A Rosenthal (MS) -- Relates to co-payments for prescription drugs
BLURB : Ins. co-payments; prescript drugs
Chapter Signed Date Effective Date
487 09/17/2010 takes effect on (12/16/2010) the ninetieth day after it shall have become a law; provided that the amendment to subsec (j) of §4325 of the insurance law made by §1 shall not affect the repeal of such subsection and shall expire and be deemed repealed therewith
Last Act: 09/17/10 signed chap.487

488 A6192 Weinstein (MS) -- Changes composition of the advisory council for the housing part of the New York city civil court
BLURB : NYC Civ Ct. hsng pt advis council
Chapter Signed Date Effective Date
488 09/17/2010 takes effect 1/1/2011
Last Act: 09/17/10 signed chap.488

489 A7078A Rosenthal -- Requires appearance enhancement business owners to provide masks and gloves to nail specialists
BLURB : Gen Bus L. nl sp
Chapter Signed Date Effective Date
489 09/17/2010 takes effect on (3/16/2011) the one hundred eightieth day after it shall have become a law
Last Act: 09/17/10 signed chap.489

490 A7907D Bing -- Relates to prudent management of institutional funds standards; repealer
BLURB : N-PC L. prudent managemt inst fun
Chapter Signed Date Effective Date
490 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.490

491 A7957A Lentol -- Relates to peace officer training; repealer
BLURB : Exec. peace officer training
Chapter Signed Date Effective Date
491 09/17/2010 takes effect on (1/1/2011)the first of January next succeeding the date on which it shall have become a law, provided that completion of the training program required by subd 1 of §2.30 of the criminal procedure law as amended by §3 shall apply only to peace officers appointed on or after the effective date of this act, and provided further that peace officers appointed prior to the effective date of this act shall be subject to the training requirements in place at the time of their appointment
Last Act: 09/17/10 signed chap.491

492 A8079A Parment (MS) -- Enacts the "community college region capital financing act of 2010"
BLURB : Pub Aut. community college financ
Chapter Signed Date Effective Date
492 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.492

493 A8285 Rosenthal (MS) -- Adds certain substances to the list of nonprescription drugs reimbursed by medicaid
BLURB : Soc Serv. medicaid reimbursement
Chapter Signed Date Effective Date
493 09/17/2010 takes effect on (10/17/2010) the thirtieth day after it shall have become a law
Last Act: 09/17/10 signed chap.493

494 A8687B Rosenthal (MS) -- Prohibits the sale and use of wheel weights containing lead
BLURB : Gen Bus L. sl us whl wght
Chapter Signed Date Effective Date
494 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.494

495 A9466A Kolb (MS) -- Relates to the fixing and collecting of rates and charges by the Cayuga county water and sewer authority
BLURB : Pub Aut. Cayuga water/sewer auth
Chapter Signed Date Effective Date
495 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.495

496 A9913 Crouch -- Authorizes the village of Port Dickinson, in the county of Broome, to offer an optional twenty year retirement plan to Sean Crouse and Paul Buttacovoli
BLURB : Crouse, Buttacovoli: 20 yr. retir
Chapter Signed Date Effective Date
496 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.496

497 A9947 Alessi -- Authorizes William Bianco and Eric Lipinsky to file for retroactive membership in the optional 20 year retirement plan
BLURB : Auths filing for retro retirement
Chapter Signed Date Effective Date
497 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.497

498 A10109 Abbate -- Allows members of the New York state and local police and fire retirement system who retire to elect the alternative option
BLURB : R & SS. pol & fire retir alt opt
Chapter Signed Date Effective Date
498 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.498

499 A10123 Glick -- Amends chapter 537 of the laws of 2008, amending the education law relating to a restricted dental faculty license, in relation to extending the expiration of such chapter
BLURB : Educ. eff dt dental lic
Chapter Signed Date Effective Date
499 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.499

500 A10268 Townsend -- Authorizes the town of Kirkland to offer an optional twenty year retirement plan to police officers Griffin, Knight, Cania and Smoulcey
BLURB : 20 yr retire twn of kirkland
Chapter Signed Date Effective Date
500 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.500

501 A10634B Lopez P -- Relates to filling vacancies on the board of trustees and budget proposals in the D.R. Evarts library district in a portion of the town of Athens
BLURB : D.R. Evarts lib dist; vacancies
Chapter Signed Date Effective Date
501 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.501

502 A10638 Paulin (MS) -- Authorizes a limited permit to practice dental hygiene
BLURB : Ed L. limited dental hygiene lic.
Chapter Signed Date Effective Date
502 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.502

503 A10718 Alessi -- Increases the amount the town of Southold, county of Suffolk, may appropriate for the Orient mosquito district from $80,000 to $120,000
BLURB : Orient mosquito district
Chapter Signed Date Effective Date
503 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.503

504 A10943 Gottfried -- Prohibits the use of patient quotas for selecting dental treatments
BLURB : Pub Heal. prh pt qot
Chapter Signed Date Effective Date
504 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.504

505 A10946 Cahill (MS) -- Requires polling places to be accessible to physically disabled voters
BLURB : Elect. polling place accessibilty
Chapter Signed Date Effective Date
505 09/17/2010 takes effect on (12/15/2010) the fifteenth of December next succeeding the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date
Last Act: 09/17/10 signed chap.505

506 A10979 Burling -- Extends until December 1, 2012 the authorization of the county of Wyoming to impose a recording tax on obligations secured by a mortgage on real property
BLURB : Wyoming mortgage recording tax
Chapter Signed Date Effective Date
506 09/17/2010 09/17/2010
Last Act: 09/17/10 signed chap.506

507 A11312 Rules (Sweeney) -- Provides for a lifetime license for hunting, fishing and trapping under certain circumstances
BLURB : En Con L. lifetime lic huntfishtr
Chapter Signed Date Effective Date
507 09/17/2010 takes effect on (1/15/2011) the one hundred twentieth day after it shall have become a law; provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date
Last Act: 09/17/10 signed chap.507

508 A11597 Rules -- Makes technical corrections related to reporting requirements of the department of correctional services
BLURB : Cor. DOCS reporting
Chapter Signed Date Effective Date
508 09/17/2010 takes effect on (8/11/2010) the same date and in the same manner as chapter 57/2010 amending the correction law and other laws relating to the collection of census data, as proposed in legislative bill numbers S.6610-C and A.9710-D, takes effect
Last Act: 09/17/10 signed chap.508

509 S1523A DUANE -- Relates to permitting two unmarried persons to adopt a child together
BLURB : Dom Rel. adopt; unmarried persons
Chapter Signed Date Effective Date
509 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.509

510 S2852 SAMPSON -- Expands the definition of "employee" for the purposes of defense and indemnification of certain nonjudicial employees
BLURB : Pub Off. definition; employee
Chapter Signed Date Effective Date
510 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.510

511 S3681 SAMPSON -- Relates to court approval of transfers of structured settlements
BLURB : Gen Ob. transfer struct settlmts
Chapter Signed Date Effective Date
511 09/17/2010 takes effect on (1/1/2011) the first of January next succeeding the date on which it shall have become a law
Last Act: 09/17/10 SIGNED CHAP.511

512 S5447C ADDABBO -- Relates to the creation of election districts and deployment of voting systems; repealer
BLURB : Elect. election districts
Chapter Signed Date Effective Date
512 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.512

513 S5533A SAVINO -- Provides for compliance by the NYS&LERS and NYS&LP&FRS with the requirements of the federal older workers' benefit protection act
BLURB : R & SS. compliance with OWBPA
Chapter Signed Date Effective Date
513 09/17/2010 and shall be deemed to have been in full force and effect on and after 10/16/ 1992, provided that: (i) this act shall not apply to any payment of benefits which became payable prior to 10/16/1992; and (ii) §§7 and 8 shall be effective if and, in such case, only to the extent §1 of chapter 617/1986 is unconstitutional insofar as it abrogates the rights pursuant to §508 of the retirement and social security law as added by §1 of chapter 890/1976, of public employees who became members of the New York state and local employees' retirement system on or after 7/27/1976 and before 9/1/1983
Last Act: 09/17/10 SIGNED CHAP.513

514 S5775A SEWARD -- Authorizes the city of Oneonta to offer an optional twenty year retirement plan to police sergeant Douglas W. Brenner
BLURB : 20 yr retirement for Sgt Brenner
Chapter Signed Date Effective Date
514 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.514

515 S6014B BRESLIN -- Relates to group life and group accident and health insurance policies
BLURB : Ins. group insurance
Chapter Signed Date Effective Date
515 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.515

516 S6041A FOLEY -- Relates to the redemption of tax foreclosed real property by certain military members
BLURB : RPT L. redemption of property
Chapter Signed Date Effective Date
516 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.516

517 S6152B OPPENHEIMER -- Allows Village of Mamaroneck to reopen the optional retirement plan offered under section 384-d of the retirement and social security law to certain police officers
BLURB : Village of Mamaroneck; ret option
Chapter Signed Date Effective Date
517 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.517

518 S6355A PARKER -- Permits membership in certain school related associations by grandparents of certain children
BLURB : Ed L. grandparents membership
Chapter Signed Date Effective Date
518 09/17/2010 provided that the amendments to subd 15 of §2590-h of the education law made by §1 shall be subject to the expiration and reversion of such subdivision pursuant to §34 of chapter 91/2002, as amended, when upon such date the provisions of §2 shall take effect
Last Act: 09/17/10 SIGNED CHAP.518

519 S6926A WINNER -- Allows certain deputy sheriffs of the county of Chemung to join the special retirement plan for sheriffs, undersheriffs and deputy sheriffs
BLURB : Chemung deputy sheriffs; retire
Chapter Signed Date Effective Date
519 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.519

520 S6984 LARKIN -- Authorizes the town of Montgomery, in Orange county, to offer an optional 20 year retirement plan to police officer Kenneth M. Byrnes
BLURB : 20 year retire: Kenneth Byrnes
Chapter Signed Date Effective Date
520 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.520

521 S7182A LARKIN -- Authorizes the village of Cornwall-on-Hudson, in the county of Orange, to offer an optional twenty year retirement plan to certain police officers
BLURB : Cornwall-on-Hudson: 20 yr. retir
Chapter Signed Date Effective Date
521 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.521

522 S7241 STEWART-COUSINS -- Relates to the conditional approval of a final plat
BLURB : Town. condtl approval final plat
Chapter Signed Date Effective Date
522 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.522

523 S7365A SQUADRON -- Relates to the payment protection afforded certain subcontractors on New York city school construction projects
BLURB : Pub Aut. subK paymt; NYC sch cons
Chapter Signed Date Effective Date
523 09/17/2010 provided that the amendments to §1735 of the public authorities law made by §1 shall not affect the expiration and repeal of such section and shall be deemed repealed therewith
Last Act: 09/17/10 SIGNED CHAP.523

524 S7454 SAVINO -- Extends the period of time during which certain real property tax exemptions apply
BLURB : RPT L. real prop tax exmpt extnd
Chapter Signed Date Effective Date
524 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.524

525 S7544A VALESKY -- Allows state police officers to receive an improved death benefit if they die without 20 years of service credit but with enough vacation and sick time to reach 20 years
BLURB : R & SS. improved death benefit
Chapter Signed Date Effective Date
525 09/17/2010 and shall be deemed to have been in full force and effect on and after 7/2/2009
Last Act: 09/17/10 SIGNED CHAP.525

526 S7627 MARCELLINO -- Authorizes the village of Upper Brookville to expend trust funds to provide access to a park
BLURB : Auths Upper Brookville to expend
Chapter Signed Date Effective Date
526 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.526

527 S7656 AUBERTINE -- Requires identification of practices most susceptible to threats from dumping out of state products
BLURB : Ag & Mkts. dumping prod.
Chapter Signed Date Effective Date
527 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.527

528 S7806A SCHNEIDERMAN -- Continues and expands New York's program for use of electronic means for filing certain papers in civil litigation in supreme court and other courts
BLURB : NYS program; e-filing in courts
Chapter Signed Date Effective Date
528 09/17/2010 and shall be deemed to have been in full force and effect on and after 9/1/2009, provided that the amendments to par (B) of subd (b) of §6 of chapter 367/1999 made by §§2 and 3 shall not affect the expiration and repeal of such paragraph and shall be deemed repealed therewith
Last Act: 09/17/10 SIGNED CHAP.528

529 S7830 KRUGER -- Relates to credit line mortgages
BLURB : RP L. credit line mortgages
Chapter Signed Date Effective Date
529 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.529

530 S8221A BRESLIN -- Authorizes the lease of lands located at the State University of New York at Albany
BLURB : SUNYA; lease lands
Chapter Signed Date Effective Date
530 09/17/2010 09/17/2010
Last Act: 09/17/10 SIGNED CHAP.530

531 S8350 DILAN -- Relates to tenant representative on city of New York housing authority
BLURB : Pub Hous. tenant rep NYC housing
Chapter Signed Date Effective Date
531 09/17/2010 takes effect on (9/17/2010) the same date and in the same manner as chapter 486/2010, amending the public housing law relating to modifying the composition of the membership of the New York city housing authority to specifically include tenant representatives, as proposed in legislative bills numbers S.1104 and A.4687, takes effect
Last Act: 09/17/10 SIGNED CHAP.531