Practice Rules of the Appellate Division

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Approved by Joint Order of the Departments of the New York State

Supreme Court, Appellate Division
December 12, 2017
(Revised June 29, 2018)


Full Text of New Rules...


REAL PROPERTY LAW SECTION MELVYN MITZNER SCHOLARSHIP

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This $5,000 scholarship is awarded to a full- or part-time student enrolled in a New York State law school. It was created to honor the memory of Melvyn Mitzner, a legend in the New York real estate legal community. Mitzner is a former chair of the Real Property Law Section, and was an active and valued member of the Section for many years. 

Efforts will be made to honor Mitzner's commitment to professional achievement and to diversity in the profession.  To ensure geographic diversity, the Foundation will strive to select students attending New York State law schools in different counties each year, so that over time students from all areas of the State will be able to benefit from the scholarship. A preference will be given to students who demonstrate financial need.

The Real Property Law Section Melvyn Mitzner Scholarship application form has details on eligibility and requirements.

Application Deadline: December 3, 2018.



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Amy Jasiewicz
New York State Bar Association
Albany NY
(518) 463-3200
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REAL PROPERTY LAW SECTION LORRAINE POWER THARP SCHOLARSHIP

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Amy E. Jasiewicz
Aug 15, 2018 2:07 PM
Amy E. Jasiewicz

The Real Property Law Section is now accepting applications for its two law student scholarships in the amount of $5,000 each. The scholarships will be awarded in 2019.

REAL PROPERTY LAW SECTION LORRAINE POWER THARP SCHOLARSHIP

This Scholarship was created to honor the memory of Lorraine Power Tharp, who served as President of the NYSBA and Chair of the Real Property Law Section. The $ 5,000 scholarship is awarded to a second- or third-year law school student who best exemplifies the core values important to Lorraine: academic excellence, a demonstrated interest in public service, high integrity and, if possible, an interest in real property law.

Efforts will be made to honor Lorraine's commitment to gender equity and diversity in the profession. To ensure geographic diversity, the Foundation will strive to select students attending New York State law schools in different counties each year, so that over time students from all areas of the state will be able to benefit from the scholarship. A preference will be given to students who demonstrate financial  need.

The Lorraine Power Tharp Scholarship application form has details on eligibility and requirements.

Application Deadline: December 3, 2018.

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Amy Jasiewicz
New York State Bar Association
Albany NY
(518) 463-3200
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By Dan M. Clark 

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The state's district attorneys may torpedo a proposed commission to investigate prosecutorial misconduct if a bill creating the group is approved by New York Gov. Andrew Cuomo.

In a letter sent to the state's prosecutors Tuesday, Albany County District Attorney David Soares said the District Attorneys Association of the State of New York will be advancing an expedited constitutional challenge to the bill. Soares is president of the DAASNY.

Soares also urged the district attorneys and their assistants to decline any appointment to the commission until the litigation is resolved, which would leave the body without four of its members required by the statute.

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Read more...


An open letter to potential law students: Know the truth-ABA Journal

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BY NICOLE BLACK AND HEATHER MORSE

With the recent news that some BigLaw starting salaries are rising to $190,000, it's no wonder that law school continues to be a top destination for recent college graduates. However, the truth behind those starting salaries--and given the volatility of the legal job market and the effects of globalization and technology on the business of law--should give one pause before taking out $200,000 in school loans.

So the question remains: Should you go to law school? The answer according to two legal industry experts? It depends.


Read more...





The far-right Freedom Party in Austria recently proposed a controversial law. The law would have regulated the consumption of Kosher and Halal meat in Lower Austria, one of nine states in the country of Austria. The proposed law, on its face, targeted religious Jews and Muslims. Only they, by contrast to all other meat consumers, would have had to register for the privilege, receive a limited quantity of their desired commodity, and prove that they lived in Lower Austria. Austria has reportedly rejected the proposed law. In this column, I will consider why "even" a vegan like myself regards the introduction of such a legal regime as an alarming development.

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Tax Reform | Internal Revenue Service

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 Proposed Regulations on Section 199A Deduction and Depreciation Deduction

The IRS issued proposed regulations this week for a new provision allowing many owners of sole proprietorships, partnerships, trusts and S corporations to deduct 20 percent of their qualified business income. The new section 199A deduction is available for tax years beginning after Dec. 31, 2017.

The Treasury Department and the IRS also issued proposed regulations this week on the new 100-percent depreciation deduction that allows businesses to write off most depreciable business assets in the year they are placed in service.

For more information on the two new deductions, visit IRS.gov/taxreform.


Arelis R. Hernández

"This is pretty outrageous. That someone seeking justice in U.S. court is spirited away while her attorneys are arguing for justice for her?" So said a federal trial judge in open court in Washington, Thursday, shortly before he threatened to hold Attorney General Jeff Sessions in contempt of court. The judge found out, during a hearing, that immigration agents had moved to deport the mother and daughter whose case was before him. WASHINGTON POST 


More: "Turn that plane around," furious judge orders. WASHINGTON TIMES

By Jenna Greene 



DNC warns candidates: Don't use ZTE or Huawei phones--CNN

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Democrats running in November's midterms were warned not to use devices produced by Chinese manufacturers ZTE and Huawei. The warning, which came from the Democratic National Committee, was sent out after the DNC learned that a Democratic organization was considering buying ZTE phones for its staff, a senior Democratic source told CNN.



The New York State Department of Environmental Conservation (DEC) announces the adoption of revisions to the regulations that implement the State Environmental Quality Review Act (SEQR) to streamline the SEQR process without sacrificing meaningful environmental review.

Among other changes, DEC has adopted amendments to the Type I and Type II lists of actions, as well as the scoping and acceptance procedures for draft environmental impact statements. DEC has also modernized the regulations related to web publication of documents. These changes are the first major amendments to the SEQR regulations that DEC since 1996.

DEC initially noticed its proposal along with the availability of a combined Draft Generic Environmental Impact Statement and SAPA statement in the February 8, 2017 editions of both the State Register and Environmental Notice Bulletin. The comment period continued through May 19, 2017. In response to the many comments received, DEC modified the proposal and noticed a revised proposal along with the availability of a Revised Draft Generic Environmental Impact Statement in the April 4, 2018 editions of both the State Register and Environmental Notice Bulletin. The comment period continued through May 11, 2018, during which the Department received approximately 31 comments in response to the revised proposal. Comments were assessed and responded to in the FGEIS which the Department accepted on June 13, 2018. On June 27, 2018, DEC issued a Findings Statement and formally adopted the rule, which will become effective on January 1, 2019.

The Final Express Terms of the revisions, along with the Findings Statement, FGEIS and other key regulatory documents leading up to the FGEIS may be downloaded from the links....


Facebook, Twitter Say Europe's Privacy Law Causing User Drop - Bloomberg

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By  and 

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Amid a plummeting share price, Facebook Inc. wants panicked investors to believe Europe's strict General Data Protection Regulation is to blame for fewer people using the social network in the region. EU lawmakers disagree.

The new law came into force on May 25 and forced companies that hold data on EU citizens to obtain "unambiguous" consent to collect personal information. Facebook knows a lot about what people are interested in, and makes that audience easily available to advertisers. That's fueled rapid revenue growth, billions of dollars in profit, and a surging stock price in recent years.

More than $100 billion of those market gains were wiped out Thursday after Facebook reported sales and user growth numbers that disappointed Wall Street. The company lost about 1 million of European monthly active users in the second quarter, leaving it with 376 million. Daily users fell more. Chief Financial Officer David Wehner blamed the decline on the GDPR roll out.

"We saw the declines that we anticipated from GDPR," he said. "And I would say there, really, those impacts were purely due to the GDPR impact, not other engagement trends."

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BY DEBRA CASSENS WEISS

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Updated: The attorneys general of New Jersey and Pennsylvania are seeking to block a Texas company from publishing its blueprints online to make guns from 3D printers.

New Jersey Attorney General Gurbir Grewal sent a cease-and-desist letter on Thursday while Pennsylvania Attorney General Josh Shapiro obtained an emergency federal court hearing on Sunday.

Defense Distributed agreed at the hearing to temporarily block internet users in Pennsylvania from using its blueprint website, report PennLive and the Washington Post.

According to Shapiro's press release, Defense Distributed also agreed not to upload any new gun files to its sites after disclosing in court that it had begun distributing gun files on Friday.

The company had said it wouldn't make its blueprints available until Aug. 1. But 1,000 people had already downloaded 3D plans for AR-15 semi-automatic assault rifles by Sunday, according to Shapiro.

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Audits by Mail-What to Do? - IRS

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This new IRS YouTube video explains what to do if your client receives a letter from the IRS stating his tax return is being audited by mail: https://youtu.be/FfzLRKP0U7s.




The District Court for the Northern District of New York will be accepting applications for new mediators pursuant to the District's Mandatory Mediation Program - General Order#47. Attorneys interested in becoming a mediator may apply during the months of August, September and October.  The application will be posted on our website beginning August 1st. Court approved hourly rates are $150 per hour for the first two hours of the initial mediation session.  If necessary, the mediator may charge an additional $150/hour for up to two hours of preparation time for cases which require substantial preparation.  Thereafter, the rate is capped at $325 per hour.

For additional information please see General Order #47 on our website at www.nynd.uscourts.gov

An Old Scam With a New Twist - The New York Times

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By J. D. Biersdorfer


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Q. I just got an email message from someone claiming to be a hacker who broke into my computer and used my webcam to watch me looking at adult websites. 

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Yelp for Cops | The Marshall Project

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By SIMONE WEICHSELBAUM

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In April, the NYPD informally introduced its public opinion monitor, also known as the "sentiment meter," during CompStat, the weekly meetings in which top brass interrogate precinct commanders about crime trends. Precincts now receive a monthly "trust score" along with rankings that measure overall satisfaction with police performance and how safe residents feel. The data is culled from questionnaires administered through about 50,000 smartphone apps, including Candy Crush and WeatherBug, as well as traditional landline calls. Facebook and Instagram began to advertise links to the surveys in June.

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BY LORELEI LAIRD

ABA President Hilarie Bass has posted a short video asking America's lawyers to help reunite immigrant families at the border.

In the video, Bass talks about what she saw during her late June trip to south Texas, where she met with immigrant mothers detained at the Port Isabel Detention Center near Harlingen. Some of those women hadn't seen their children in six weeks, Bass said; some had talked to their children on the phone, but knew the children were far away.

But what really disturbed Bass, she said, was that all of them would give up their asylum claims and return to the violence they're fleeing if it meant their children would be returned.

"That caused me great consternation, because these people are giving up their legal rights just to have the right to get their children back," Bass says in the video. "I think as lawyers, we have to do everything possible to assist these victims of this policy."

Bass then directed lawyers to http://ambar.org/immigrationjustice, a new ABA web page that aggregates opportunities for interested lawyers to volunteer, advocate or donate to help separated and detained families.


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Read more...


BY DEBRA CASSENS WEISS

Four states filed a lawsuit Tuesday that contends the $10,000 cap on federal tax deductions for state and local taxes is unprecedented and unconstitutional.

The states of New York, Connecticut, Maryland and New Jersey filed the lawsuit in federal court in Manhattan, report the Wall Street JournalForbes and Courthouse News Service. A press release is here.


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July 5th, 2018 Decision of NYS Court for NY County, Justice Rakower

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Decision and order of Justice Rakower annulling NYS Insurance Regulation 208.  Appeal by NYS in process; but no stay issued to date.

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