August 2, 2015

NY POA Statute Comments requested

Reprinted from the Real Property Section Community:

The Bar Association has put together a task force to study possible changes to NY's POA statute.  Joe Desalvo and I are on the task force. I would be interested in any comments on or issues you have had using the NY short form POA in real estate transactions.  Please respond to me directly at jerry@ggalaw.com with your comments.

Thanks, 

Gerard G. Antetomaso
Gerard G. Antetomaso P.C.
1674 Empire Blvd.
Suite 200
Webster, NY 14580
(585) 787-7000
jerry@ggalaw.com



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Amy Jasiewicz
New York State Bar Association
Niskayuna NY
(518) 463-3200
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July 30, 2015

New York Justice Denies Habeas Corpus Relief for Hercules and Leo Given Precedent Set in Previous Case, 'For Now'


July 30, 2015-- New York County Supreme Court Justice Barbara Jaffe issued a 33-page decision in the case of the chimpanzees Hercules and Leo, held in captivity in a Stony Brook University laboratory.

Justice Jaffe denied habeas corpus relief to Hercules and Leo only because, as she wrote, "for now" she is bound by the intermediate appellate court decision in Tommy's case, which is before the Court of Appeals seeking further review. 



NSBA issues guide on the impact of Obergefell same-sex marriage decision on school districts

Historic SCOTUS ruling; Obergefell by G-A-Y




The National School Boards Association (NSBA), along with two other key education groups, has issued a guide, titled "Same Sex Marriage - What the Obergefell Decision Means for School 

Districts," 


It discusses the legal impact of the U.S. Supreme Court's decision in Obergefell v. Hodges, 576 U.S. ___, 2015 WL 2473451 (June 26, 2015), on local school board policies.







Inside Google Translate - Google Translate



See the world in your language with Google Translate


Google Blog: "The Google Translate app already lets you instantly visually translate printed text in seven languages. Just open the app, click on the camera, and point it at the text you need to translate--a street sign, ingredient list, instruction manual, dials on a washing machine. You'll see the text transform live on your screen [...]--

beSpacific



July 29, 2015

Marks to Replace Prudenti as Chief Administrative Judge | New York Law Journal

Judge Lawrence Marks will assume the post of chief administrative judge on Friday, succeeding A. Gail Prudenti as the lead day-to-day manager of New York's court system.

Chief Judge Jonathan Lippman announced Wednesday that Marks' appointment was made with the approval of the administrative board of the courts, which is composed of Lippman and the presiding justices of all four Appellate Division departments.

Marks had been widely seen as the likely successor to Prudenti, who announced her retirement this week after 23 years on the bench, including more than three years as chief administrative judge, to head the Center for Children, Families and the Law at Hofstra University School of Law (NYLJ, July 28).

Marks was formally made Prudenti's understudy in 2012 when he was named first deputy chief administrative judge. Until that time, the position had been open for five years, since Ann Pfau was promoted to chief administrative judge by then-chief judge Judith Kaye.

In all, Marks has worked for the courts for 24 years, with stints as administrative director of the Office of Court Administration (2004-11), special counsel to the chief administrative judge (1998-2003) and OCA's deputy counsel for criminal justice (1991-97).

***

Read more: http://www.newyorklawjournal.com/id=1202733373195/Marks-to-Replace-Prudenti-as-Chief-Administrative-Judge#ixzz3hJ9Z3dYr


July 27, 2015

ACRIS Property Transfer Tax Calculator



The ACRIS calculator is specifically for the 5 counties in NY City http://a836-acris.nyc.gov/CP/CoverPage/CalculateTaxes

July 26, 2015

New York title insurance & transfer tax calculator-William A. McDonald

Easily calculate the New Your title insurance rate and NY transfer tax; including the mansion tax. Information on the New York closing cost calculators will be added soon. Title insurance rates are regulated by the State of New York, therefore, title insurance rates will be the same between title insurers. This calculator should be useful for the mortgage lender seeking information on New York's closing costs for GFE purposes. This calculator is designed for one to three family residential owner occupied homes. This New York title insurance calculator appears to function correctly; however, it is still under going testing

July 24, 2015

Google Launches New Patent Search - beSpacific





Google: "With Google Patents, you can search and read the full text of patent grants and applications from around the world. If you're looking for prior art, you can use the integrated Prior Art Finder tool and Google Scholar documents to find patent and non-patent prior art, all in one interface.  You can still access the old Google Patents and the Prior Art Finder.






Cosby lawyers blame his accuser for release of his deposition by court reporting service-ABA Journal


BY DEBRA CASSENS WEISS

Lawyers for Bill Cosby argued in a motion (PDF) on Tuesday that his accuser in a 2005 sex-abuse suit was trying to "smear" him and should have ensured that court reporters knew his deposition transcript was still confidential.

The New York Times obtained the deposition transcript from a court reporting service and summarized the contents in a story that asserted the deposition was never sealed. But lawyers for Cosby say the court reporting service, Kaplan Leaman & Wolfe, should not have released the document under terms of the suit's settlement, report the Legal Intelligencer, the New York Times, the Guardian and Time magazine.

The filing by lawyers at Cozen O'Connor says Cosby's accuser in the suit, a Temple University employee, should be sanctioned partly for release of the deposition transcript to the media through her "own hired court reporter ... without a word to the defendant." The motion does not include specifics on sanctions sought and says relief will be sought separately.


Read entire article here.



A New Appellate Court Opinion on "Pocket Dialing" - Jim Calloway's Law Practice Tips Blog

Yes, I know we all call it something else other than "pocket dialing," but congratulations to the Sixth Circuit U.S. Court of Appeals for using a more polite term.

July 20, 2015

How National Licensing Could Help Close the Justice Gap

By Jenny Odegard


***
South Dakota is leading the charge on relocating new attorneys to under-served communities by offering a stipend of $12,000 per year for five years. This number is meant to nearly cover the cost of attending their local university's law school, which should be a tempting offer for hundreds of newly licensed attorneys looking for an opportunity to make an impact. Yet this program has a modest goal of recruiting only 17 attorneys by the year 2017.
***

The Uniform Bar Exam is a nationalized test with a portable score to all of the states that have adopted the test. While the UBE is not a nationally portable law license, it is an opportunity to apply for admission without having to sit for an additional full bar exam.

Sixteen states, most recently including New York, have now adopted the test. States still conduct their own character and fitness evaluation, and most require a shorter, less burdensome local education requirement. States also set their own passing score, which means test takers may not be certified for admission in the state they took the exam but could qualify elsewhere without retaking it.

***

Read entire article here.

July 19, 2015

Document in Cosby Case - The New York Times




July 18, 2015

Free Old Time Radio MP3 Downloads from "The Golden Age of Radio!"

Old World Radio

http://www.oldradioworld.com/

Before television (or Netflix, or Buzzfeed) families around the country used to sit together in the evenings and listen to the radio. This website gathers some of the classic radio favorites that defined the 1930s, 1940s, and 1950s. Organized by Comedy, Drama, Mystery, Sci Fi/Superheroes, Western, Detective Stories, Music, and Miscellaneous, each of the categories includes famous entertainers, including big band leaders like Artie Shaw and Benny Goodman as well as famous comedians like Abbot and Costello. For readers who are new to old-time radio, there is also a Recommended Favorites section that includes Vintage Commercials, The Shadow, CBS Radio Mystery Theater, and Amos 'n' Andy. In particular, the 1957 Chevrolet commercial, which can be located in the Vintage Commercials tab, should not be missed.


From The Scout Report, Copyright Internet Scout 1994-2015. https://www.scout.wisc.edu


Editor's Note:  They have 54 episodes of "X minus One"--my personal favorite.



ACA Information Center for Tax Professionals--IRS



IRS Offers Three Webinars on Affordable Care Act Provisions for Employers and Coverage Providers 

This series of educational webinars is designed to help you understand the Affordable Care Act's employer provisions and related requirements. The IRS is presenting three different webinars later this month that will be repeated in August and September.

The webinars are designed for business owners, tax managers, employee benefits managers and health coverage providers. All times are Eastern.

Employer Shared Responsibility and Information Reporting

Employer-Sponsored Health Coverage Information Reporting Requirements for Applicable Large Employers

Information Reporting Requirements for Providers of Minimal Essential Coverage

For more information about the Affordable Care Act and tax provisions for employers and health coverage providers, visit http://www.irs.gov/Tax-Professionals/ACA-Information-Center-for-Tax-Professionals.

July 12, 2015

Getting started with Windows 10 -- download the essential guide

***
The Windows 10 launch date is now little more than two and a half weeks away. While a lot of people have tried out the various preview builds that have been made available, the majority of people upgrading will be doing so with little to no knowledge of what to expect. Ahead of Microsoft's most important operating system launch for years, Lenovo has published a user guide that will help bring you up to speed.

***
The 'Starting to use Windows 10' guide is for Lenovo customers, but the 23 page PDF can be downloaded by anyone who's looking for a quick introduction to the operating system.

***


How to download the iOS 9 public beta | iMore




***

iOS 9 marks the first time Apple has ever released a new version of the iPhone and iPad operating system as a public beta. That means more people than ever before will be able to test it out, try the new and enhanced features, and provide feedback before it goes into wide release this fall. But it also means people will have to go through the public beta download and install process. While it's not complicated, is is new and different. So, we're going to walk you through it and give you a place to ask questions if you need extra help. 

Warning: Beta means beta. This isn't an early access program. It's pre-release software. That means put it on a secondary device if you have one and, if you don't, think really hard before installing it on your primary device. If you rely on your iPhone or iPad for critical communications or to run your life or business, you may want to stay clear until the official release this fall.

***

Click here to read entire "how to" article.

Apple Watch Review 2: Reliability, Utility, & Whether It Will Replace My Traditional Watch | aBlogtoWatch

Ariel Adams reviews the Apple Watch from a luxury watch perspective:

***

"....Well, I am sure the Apple Watch is not flawless, but in my 10 days of experience thus far (again, at the time of writing, rather than of publishing), it has yet to not reliably connect or fail to display a notification that it should. So, unlike pretty much all other smartwatches I've personally experienced, the Apple Watch is the first one that doesn't completely suck right out of the box..."

***

The review has a multitude of photos and links to other articles about the next "must have" technology from Apple.

My main question is:  Can I wait until the second generation to buy one? 



Google URL Shortener

Google URL shortener

http://goo.gl/

The Google URL shortener is as intuitive as it is powerful. Users may paste any web address into the appropriate text box, select Shorten URL, and a shorter, more manageable URL will appear. For instance, "https://www.law.cornell.edu/supremecourt/text/home," which is 49 characters long, becomes "goo.gl/8rrlvp," which is just 11 characters long. Though most users will most likely shorten URLs for Twitter, Facebook, and other social media platforms, these concise versions can also be helpful for business cards and presentations, among other possibilities. In addition, the Google URL shortener saves your activity and tracks the number of times the shortened URL is clicked, either in the past two hours, day, week, month, or all time.


From The Scout Report, Copyright Internet Scout 1994-2015. https://www.scout.wisc.edu



July 9, 2015

Cuomo Vetoes Kiryas Joel Annexation Bills--"State of Politics"


Gov. Andrew Cuomo late Wednesday vetoed a pair of bills aimed at providing more oversight and enforcement of land annexations by the village of Kiryas Joel.

The legislation, backed by Republican Sen. Bill Larkin and Democratic Assemblyman James Skoufis, would have directed land annexations to the county planning agency or regional planning council.

A second measure would have required the state environmental conservation commissioner to consider federal and state regulations when it comes to annexations and disputes between municipalities.

Land annexations in the Hudson Valley community of Kiryas Joel, where the vast majority of residents are Hasidic Jews, is part of an ongoing controversy in Orange County and the town of Monroe.

Read entire "State of Politics" article


Veto #185.pdf by Nick Reisman

Veto #186.pdf by Nick Reisman

July 6, 2015

Meier v Village of Champlain Zoning Board of Appeals, 2015 WL 3767526 (NYAD 3 Dept. 6/18/2015)


NY Appellate Court Affirms Chickens Could Not be Kept in a Home in a Residential District Under the Applicable Zoning Ordinance and they are not an Accessory Use but Rather an Agricultural Use

Meier v Village of Champlain Zoning Board of Appeals, 2015 WL 3767526 (NYAD 3 Dept. 6/18/2015) by Leonard E Sienko Jr