January 26, 2015

To Collect Debts, Nursing Homes Are Seizing Control Over Patients - NYTimes.com



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In a random, anonymized sample of 700 guardianship cases filed in Manhattan over a decade, Hunter College researchers found more than 12 percent were brought by nursing homes. Some of these may have been prompted by family feuds, suspected embezzlement or just the absence of relatives to help secure Medicaid coverage. But lawyers and others versed in the guardianship process agree that nursing homes primarily use such petitions as a means of bill collection -- a purpose never intended by the Legislature when it enacted the guardianship statute in 1993.


At least one judge has ruled that the tactic by nursing homes is an abuse of the law, but the petitions, even if they are ultimately unsuccessful, force families into costly legal ordeals.


"It's a strategic move to intimidate," said Ginalisa Monterroso, who handled patient Medicaid accounts at the Mary Manning Walsh Nursing Home until 2012, and is now chief executive of Medicaid Advisory Group, an elder carecounseling business that was representing Mr. Palermo in his billing dispute. "Nursing homes do it just to bring money."


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Preliminary findings of the center's study are not expected until later this year, but at the request of The Times, the researchers undertook a breakdown of the petitioners in a sample of the 3,302 guardianship cases filed in Manhattan from 2002 to 2012. More frequent petitioners than nursing homes (12.4 percent) were hospitals (16.1 percent), friends and family (25.3 percent) and Adult Protective Services (40.1 percent).

Law Enforcement Thinks Waze's Police Alerts Are A Threat To Their Safety-Ubergizmo


One of the nifty features of Waze is its ability to help find you the best route that has the least traffic. It also has the ability to allow users to warn other users of upcoming speed cameras, road blocks or police sightings so that users will slow down if they want to avoid getting pulled over, but unfortunately this is a feature that law enforcement officials aren't too pleased with.

Speaking to the Associated Press (via Engadget), these police officers believe that Waze's police finding feature would make it too easy for would-be cop killers to find their targets. It would essentially be putting them on the map for everyone to find. To that extent they are hoping that Google (who owns Waze) will take this under serious consideration and disable the feature.

Read entire Ubergizmo article here.


January 24, 2015

The Nonhuman Rights Project-New York Cases


The Nonhuman Rights Project says it is the only organization working through the common law to achieve actual LEGAL rights for members of species other than our own. 

Their mission is to change the common law status of at least some nonhuman animals from mere "things," which lack the capacity to possess any legal right, to "persons," who possess such fundamental rights as bodily integrity and bodily liberty, and those other legal rights to which evolving standards of morality, scientific discovery, and human experience entitle them.

Their first cases were filed in December 2013, and this year they say they will file as many suits as they have funds available. 


The recent New York Chimpanzee cases are found here with related court documents and transcripts.



New Online Resource Available for Your Clients: Publication 5187, Health Care Law: What's New for Individuals & Families



Publication 5187 provides information to help you and your clients understand the Affordable Care Act and its effect on their taxes. This publication explains how taxpayers satisfy the individual shared responsibility provision by maintaining minimum essential coverage, qualifying for an exemption from coverage, or making a shared responsibility payment. It also provides information about the premium tax credit, which helps make health coverage more affordable for eligible taxpayers. You will also find a glossary that defines terms related to ACA.


January 22, 2015

Federal Complaint against Sheldon Silver

US v. Sheldon Silver Complaint.pdf

The criminal complaint filed against the speaker of the New York State Assembly, Sheldon Silver. 






January 19, 2015

Washington state moves around UPL, using legal technicians to help close the justice gap


Robert Ambrogi has written a comprehensive survey of moves across the country in the use of legal technicians.  You might be surprised (or not) to learn that New York Sate is in the forefront of this movement.

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"Even with whatever success we've had with public funding of legal services and pro bono work by lawyers, there is still a gaping hole in our system of providing legal services to the poor and people of limited means," says New York Court of Appeals Chief Judge Jonathan Lippman, who has emerged as a leading advocate of allowing nonlawyers to provide limited services.

"We need to think out of the box and look at every possible avenue for filling this justice gap," Lippman says. "You can get nonlawyers who are experts in a particular area of legal assistance and who can be more effective in that area than a generalist lawyer."

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In May 2013, Lippman appointed a committee with the specific charge of studying this issue, the Committee on Non-Lawyers and the Justice Gap. He asked the committee to focus on the use of nonlawyers in housing, elder law and consumer credit cases--areas where as many as 90 percent of litigants in the New York courts are without lawyers.




NEW YORK'S NAVIGATORS

The recommendations of this committee resulted in Lippman's launch in February 2014 of a pilot program in which nonlawyers, called navigators, provide free assistance to unrepresented litigants in housing cases in Brooklyn and consumer debt cases in the Bronx and Brooklyn. Navigators provide a range of assistance, from general information given at help desks to one-on-one help completing legal forms and assisting in settlement negotiations.

Navigators may also accompany unrepresented litigants into the courtroom. While they are not allowed to act as advocates in court, they are able to answer questions from the judge and to provide the litigants "moral support."

In Albany, Lippman created a second project that uses nonlawyers to advise elderly and homebound residents about their eligibility for benefits and other services...

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Read Ambrogi's complete article with more about New York programs by clicking the link below:



LAW OF THE LAND: Wetland Designation = Regulatory Taking

Read Prof. Salkin's summary here.

NY Appellate Courts Finds a Reasonable Probability That Wetlands Designation Is a Regulatory Taking Under Penn Central |

Hat tip to Robert Thomas, Esq. at the Inverse Condemnation Blog for posting this. http://www.inversecondemnation.com ; See also, Bulldozers at Your Doorstep blog - http://eminent-domain-blog.com/appellate-division-affirms-75-increment-applicable-wetlands-taking/

New Creek Bluebelt, Phase 4 v. City of New York, No. D42904 (N.Y.A.D. 2 Dept. 11/19/2014)

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2014/D42904.pdf




January 18, 2015

Fahey Named to Fill Court of Appeals Vacancy | New York Law Journal


Justice Eugene Fahey, of the upstate Appellate Division, Fourth Department, is Gov. Andrew Cuomo's choice to fill a seat on the Court of Appeals opened by the Dec. 31 retirement of Robert Smith. READ MORE »


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Fahey was chosen from a list of seven candidates sent to Cuomo by the Commission on Judicial Nomination (NYLJ, Dec. 2).

Others on the list were five partners at Manhattan law firms: Kathy Chin of Cadwalader, Wickersham & Taft; Hector Gonzalez of Dechert; Mary Kay Vyskocil of Simpson Thacher & Bartlett; Rowan Wilson of Cravath, Swaine & Moore; and Stephen Younger of Patterson Belknap Webb & Tyler.

Fahey's colleague on the Fourth Department bench, Justice Erin Peradotto, was also on the list.


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January 16, 2015

New Year, Old Juror Scam | United States Courts

t's a new year, but the same old juror scams.  

Members of the public in Georgia, Indiana, Kansas, Maryland and other states have been contacted by scammers asking them to follow links and provide personal information in online jury duty questionnaires--or face federal fines or jail time.  

One Maryland juror phone scam threatens arrest unless the person purchases a debit card and pays $500.  Email phishing scams in Kansas and Georgia even use the name of the Judiciary's e-Juror program to convince targeted people the scam is legitimate. 

Read the full article.


January 13, 2015

Division of Code Enforcement and Administration-New York State Dept of State



On Monday January 12, 2015, the New York Department of State adopted a regulation that fixes the time within which a person served with an Order to Remedy violation(s) of the Uniform Fire Prevention and Building Code (Uniform Code) must comply with that Order.  Specifically, the regulation provides that an Order to Remedy a condition in violation of the Uniform Code must state that full compliance with the Order is required within 30 days after the date of the Order.

The regulation was added as a new section 1203.5 to 19 NYCRR Part 1203.  Part 1203 establishes minimum standards for administration and enforcement of the Uniform Code.  All cities, towns, villages, counties, and State agencies that are responsible for the administration and enforcement of the Uniform Code are required to comply with Part 1203, including the newly added section 1203.5.  

Adoption of this regulation as an emergency rule makes it effective immediately upon filing.  


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  1. ALL ORDERS TO REMEDY ISSUED ON OR AFTER JANUARY 12, 2015 MUST STATE THE DATE OF THE ORDER AND MUST INCLUDE A STATEMENT SUBSTANTIALLY SIMILAR TO THE FOLLOWING: 

NOTICE: Full compliance with this order to remedy is required by _____ [specify date], which is thirty (30) days after the date of this order. If the person or entity served with this order to remedy fails to comply in full with this order to remedy within the thirty (30) day period, that person or entity will be subject to a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both.

See 19 NYCRR 1203.5(b).


***


  1. ALL ORDERS TO REMEDY ISSUED ON OR AFTER JANUARY 12, 2015 MUST BE SERVED, PERSONALLY OR BY CERTIFIED OR REGISTERED MAIL, WITHIN FIVE (5) DAYS OF THE DATE OF THE ORDER.  See 19 NYCRR 1203.5(c).  This requirement ensures that the person served with an Order to Remedy has at least 25 days following the date of service of the Order in which to comply with the Order. 

    NOTE:  If the city, town, village or State agency issuing an Order to Remedy does not serve the Order within five days of the date of the Order, the city, town, village or State agency must issue a new Order, and should ensure than the new Order is served within 5 days of the date of the new Order.


    ***




January 11, 2015

Windows 10 Spartan Browser Screenshots Leaked | Ubergizmo


Over the past few weeks it has come to be known that Microsoft is building a completely new web browser that will be introduced with Windows 10. This new browser is said to have the codename "Spartan." Several reports have been published during this time which talk about the features and user interface that this browser is expected to bring. Now some screenshots of the Windows 10 Spartan browser have been leaked online by a Chinese publication.

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Microsoft has an event scheduled for January 21st where it is expected to unveil the final consumer version of Windows 10. It may even show off Windows 10 for smartphones and tabletsat this event, the iteration hasn't been seen in many leaks up till now, so its will be interesting to see what Microsoft's next iteration of Windows looks like on mobile devices.



January 9, 2015

The value of the iPhone 6 Plus for lawyers-Kevin O'Keefe


 in Mobile, Publishing

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We're all in the media today. You as a lawyer or legal marketing professional and me as the CEO of a company. We report and comment directly to our audience or we'll not be heard. The days where reporters contacted us, though not completely over, are on the steep decline. The impact of public relations professionals getting us media coverage is also on the decline.

In addition to the change in who is a media producer, how the media moves has changed. An awful lot of media is distributed socially, from person to person, via blogs and social networks. Brand name media companies do not have near the distribution power. In fact they rely on everyday people like you and I to move their stories via social media.

If I can produce media and share media, I'm part of the media. If I do that on a niche, like good lawyers do, I get known, build relationships and build word of mouth. I'll even get better at what I do by learning via my social network.

How does Plus help with this?

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Read more...

January 6, 2015

Send Anywhere (File Transfer)

Quick and easy way to share files across different devices and platforms! With SendAnywhere, you can send files from your iPhone to your PC (https://send-anywhere.com) or other mobile devices. No sign-up or log-in necessary. All you need is an instant 6-digit key that pairs your devices to the recipient for real-time transfer.

Share any file type (photos, videos, docs, etc.), of any size and enjoy faster and more secure real-time file sharing. With Send Anywhere, file sharing is now easier than ever before!


Send Anywhere is a globally recognized file sharing service that has topped millions of downloads on iOS & non-iOS device, Chrome, and Amazon and has been written about by major IT outlets such as TechCrunch, TNW, and Lifehacker as one of the best alternatives to Dropbox.


【 How it works 】 

Sending 

1. Select a file and click "Send"

2. This will generate a 6-digit one-time key which you will share with the person you want to send the file to.

3. Stand by.

Tip: You can also send a push alert to one of the nearby/recently used devices in the list.


Receiving

1. Enter the 6-digit key on the receiving device.

2. Enjoy!

January 3, 2015

Chromebook Buying Guide - Amazon.com

You've compared all your laptop options and are considering a Chromebook.  But now comes the hard part--choosing just the right model. Amazon is here to help. Click here to see a side by side comparison. If you'd like some more information, read on or visit their Chromebook Store.

Chromebooks are a unique class of mobile computing devices, designed specifically for Web-based tasks. They differ from traditional laptops in a few important ways: 

Chromebooks run Web-based apps, not traditional PC applications. 
Chromebooks are designed to be connected to the Internet. You can create documents and spreadsheets or edit photos on a Chromebook using Google apps designed for these purposes. The Chrome operating system will not load and run traditional PC software like Microsoft Office and Adobe Photoshop. However, files created in these applications can be viewed and edited using Google apps on your Chromebook or cloud-based applications like Microsoft's Office web apps.

You store your files in the Cloud, not on the machine.  
To help make them thin and light, Chromebooks are built without large-capacity drives. So instead of storing your documents, videos, and photos on your computer, you save them to Google Drive (Google's Cloud-based storage service). Your files are password-protected and secure, and you can access them anywhere there's an Internet connection. If you know you'll want access to a file or photo offline, however, you can easily save it to the built-in solid-state drive.

Read more Chromebook Buying Guide-click here.

Supreme Court to develop electronic filing system as soon as 2016-JURIST

[JURIST] US Supreme Court [official website] Chief Justice John Roberts announced in the 2014 Year-End Report [report, PDF] Wednesday that the Supreme Court is developing an electronic filing system, expected to be operational in 2016. This will make documents available online to the public with no charge, including petitions, responses to petitions, merits briefs, motions and applications. In the report, Roberts explained that courts are usually more guarded in developing cutting-edge innovation...



January 2, 2015

Former Gov. Mario Cuomo, Powerful Legal Voice, Dies | New York Law Journal


Mario Cuomo, an eloquent voice for the rule of law and for the poor during his career as an attorney, governor and reluctant candidate for the presidency and the U.S. Supreme Court, died Thursday, Jan. 1, hours after his son Andrew was sworn in to his second term as governor. READ MORE »







December 19, 2014

NYSBA | Changes to Mandatory Pro Bono Reporting Requirement

http://www.nysba.org/probonorequirement/

Office of the President

New York attorneys will report their pro bono hours anonymously in the future--as was recommended by the House of Delegates of the New York State Bar Association.

The Office of Court Administration issued this statement on Dec. 18, 2014:

Today the Administrative Board of the Courts unanimously approved modifications to the mandatory pro bono reporting framework in New York, consistent with the recommendations of Chief Administrative Judge A. Gail Prudenti and NYS Bar Association President Glenn Lau-Kee that were an outgrowth of their recent discussions on the subject.

Chief Judge Jonathan Lippman said that he is confident that mandatory pro bono reporting in New York "will provide the Court System and the bar with the information that we need to chart a course that promotes pro bono work by the legal community very much in the spirit of our noble profession."

State Bar President Glenn Lau-Kee observed: "I am pleased the court system has responded to the concerns of the New York State Bar Association and other bar associations. The compromise is the outcome of collegial and productive discussions between representatives of the court system and State Bar leaders, which bode well for our future working relationship."

The earlier rule, which took effect in May 2013, required attorneys to report their pro bono hours and charitable donations to legal service organizations when completing their biennial registration forms.

The Administrative Board of the Courts adopted a resolution to amend the requirement as follows:  

  • Attorneys still are required to report their pro bono hours and charitable donations, but they will report the information anonymously.
  • The information will be made public only on an aggregate basis.
  • The courts will broaden pro bono and public service categories on the reporting form.
  • All reported pro bono information submitted prior to the requirement change will be designated confidential. 

The changes were recommended by the House of Delegates at its November meeting. 

Details of the changes will be available at a future date. 

Sincerely, 
 
Glenn Lau-Kee, President




Telegram Messenger


Telegram

https://telegram.org

Telegram is a cloud-based mobile and desktop messaging app with a specific focus on security and speed. If you're concerned about your data privacy when messaging others, Telegram may be for you. There are two big advantages of using Telegram - it's open source and it's entirely cloud-based - so even if you don't have your phone, you can still access all of your data from your computer. Users can even set a timer for messages to self-destruct, erasing it from the receiving device as well. Telegram is available across all platforms. [CBD]



From The Scout Report, Copyright Internet Scout 1994-2014. https://www.scout.wisc.edu


December 14, 2014

Holiday Cards: To Send or Not To Send? - Legal Ease Blog


Every year at about this time, the subject of client holiday cards resurfaces. Should you send holiday cards to clients, former clients and referral sources? Why or why not?

Allison C. Shields sounds Scrooge-like about holiday cards; but with some very good reasons.

Read more:  http://legalease.blogs.com/legal_ease_blog/2014/11/holiday-cards-to-send-or-not-to-send.html#ixzz3LvuElVVr




6 browsers to change the way you surf the Web | The Download Blog - CNET Download.com







These alternatives to Chrome, Firefox, Internet Explorer, and Safari transform your Web surfing experience.

Chrome, Firefox, Internet Explorer, and Safari are the most popular gateways to the Internet, but if you find these mainstream browsers lacking, we have six feature-rich alternatives worth checking out.

Read more and link to download here...