September 25, 2016

Fed. Dist. Court in NY Finds Village Sign Law Unconstitutional | LAW OF THE LAND

Plaintiff, a resident of the defendant Village of Perry, placed six signs along her property at 76 North Main Street protesting the construction of a parking lot for the Village's library, one of which read: "LIBRARY PARKING LOT = QUARTER MILLION DOLLARS + SQUANDERED." As a result, plaintiff was issued a Notice of Apparent Violation on February 24, 2015 from defendant Donald Roberts, the Village's Zoning Enforcement Officer, which order the signage to be removed to avoid further legal action. Although plaintiff covered the signs with opaque bags and moved them away from the property line, she received a Notice of Violation. Plaintiff commenced an action alleging that the Village's Sign Law, discriminated on the basis of sign content and granted enforcement of the law to the unfettered discretion of authorities, and was therefore facially unconstitutional. She also alleged that the Village's selective enforcement of its Sign Law violated her...

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September 23, 2016

Amended Notice of Adoption Updating the Energy Code--Division of Code Enforcement and Administration



On August 25, 2016, the Code Council adopted a rule amending the March 9, 2016  rule. The Amended Notice of Adoption of the amended rule updating the Energy Code was published in the September 21, 2016 edition of the State Register. The amended rule updating the Energy Code update incorporates the following documents by reference:

 

•2015 International Energy Conservation Code

•2013 ASHRAE 90.1

•2016 Supplement to the New York State Energy Conservation Construction Code (Revised August 2016 

 

 

The "Revised August 2016" version of the supplement was posted on the website on September 2, 2016, your copy of the supplement is not current if you downloaded it before that date. For more information and to download the current version of the Supplement "Revised August 2016" CLICK HERE 
(http://www.dos.ny.gov/dcea/CodeUpdate.html)

 

 

Effective Date

The amended rule updating the Energy Code becomes effective on October 3, 2016. There is no "transition period" for the Energy Code.

 

Public access to the ICC Codes;

The ICC 2015 codes adopted by New York State can be viewed at no cost at; http://codes.iccsafe.org/New%20York%20State.html#2015



 

IRS and Security Summit Partners Warn of Fake Tax Bills



Protect Your Clients: Watch Out for Bogus Tax Bill 

The Internal Revenue Service and its Security Summit partners this week issued an alert to taxpayers and tax professionals to be on the lookout for fake IRS tax bills that may arrive by email, as an attachment, or by mail purportedly related to the Affordable Care Act.

For more information on scams as well as steps you can take to boost your security, visit Protect Your Clients, Protect Yourself on IRS.gov.


September 22, 2016

University at Albany - SUNY - Professional Development & Parent Seminars

The Center for Autism and Related Disabilities (CARD Albany) is pleased to announce 2016-17 professional development and parent seminars - The seminars are offered at no cost to participants living in NYS.

 

Addressing the Core Deficits of Autism Spectrum Disorder in the Classroom: Evidence-Based Strategies for Teaching Social- Emotional Skills to Students with ASD

Students with ASD have persistent deficits in social communication and social interaction across contexts; these deficits often include social-emotional reciprocity and non-verbal communication. This seminar will focus on foundational social skills, an overview of assessment/curriculum tools and it will highlight several instructional strategies to help support students with ASD.

 

Addressing the Core Deficits of Autism Spectrum Disorder in the Classroom: Supporting the Understanding and Development of Peer Relationships

As a core deficit in ASD, students have deficits in developing, maintaining, and understanding relationships, ranging, for example, from difficulties adjusting behavior to suit various social contexts; to difficulties in sharing imaginative play or in making friends; to absence of interest in peers. This session will discuss the importance of friendships, along with interventions that target the development of peer relationships.

 

Seminar flyer: http://www.albany.edu/autism/files/Fall_2016_PDPS_Flyer.pdf

 

Register online: http://www.albany.edu/pdps/form.php

September 21, 2016

Google Allo review - CNET

By: 

***

THE GOOD Google Allo is available on both Android and iOS, and features a digital Assistant that fetches information for you in a conversational way. Its Incognito Mode erases conversations and has end-to-end encryption.

THE BAD Allo doesn't integrate video calling, and it doesn't have as many features as its competitors, like baked-in GIF support or control over read receipts.

THE BOTTOM LINE It's not a perfect communications app on Day 1, but the integrated, all-knowing Google Assistant bot sets Allo apart from the messaging competition.

Visit manufacturer site for details.

***

Read entire review, with graphics, here...

September 19, 2016

ScanSnap Compatibility Problem with macOS Sierra - Fujitsu Global



For all Mac Users with ScanSnap machines...do NOT...do NOT...upgrade on or after September 20, 2016 to macOS Sierra until further word from Fujitsu.  Remember, there is no going back.




September 17, 2016

How to use voicemail transcripts in iOS 10 on iPhone | iMore

BY LORY GIL 

***

In iOS 10, Apple has added voice mail transcriptions. The feature is still in early beta stages, meaning that not everything will transcribe as clearly as you may want. But, it works good enough to get the gist of a message without having to hear the audio of it first.

***


Forgiving Fines: The NYC Amnesty Program

The City of New York is reducing penalties and interest for many violations* issued by the Department of Sanitation, Department of Buildings, and other city agencies.

 
Take advantage of the amnesty program before it expires! Amnesty will run from September 12, 2016 - December 12, 2016. Stay informed.

Violations must be in judgment. This means the City of New York has taken the legal step of filing a public record of your liability in court for the entire amount due, plus additional interest. Criminal violations and violations over $25,000 are excluded. Other limitations, exclusions and eligibility requirements apply. 



Protect Your Clients; Protect Yourself: Webinar Now Available Online--IRS


Tax practitioners who missed the recent IRS webinar, Protect your Clients, Protect Yourself from Data Theft, can now view it anytime on demand. In the broadcast, IRS and private sector experts discuss client data safeguards, legal requirements and best practices involving the handling of taxpayer data and tips for responding to a loss of taxpayer data.


Visit the Protect Your Clients, Protect Yourself page on IRS.gov for more information on identity theft scams targeting the tax professional community. The page includes links to publications such as


SepticSmart Week 2016 | Septic Systems (Onsite/Decentralized Systems) | US EPA



SepticSmart Week is September 19 - 23

Next week is SepticSmart Week, which is a good time to learn more about taking care of your own septic system or onsite wastewater treatment system (OWTS).  A septic system or OWTS will serve a home or business for a long time if it is properly located, designed, constructed and maintained.  For information about the operation and maintenance of private, commercial and institutional onsite wastewater treatment systems, view DEC's "A Guide to Help Managers of Small Businesses Keep their Wastewater Systems Working Properly (PDF)(520 KB)". Information about home septic systems is available on NYS Department of Health's Septic System Operation and Maintenance webpage.  EPA holds SepticSmart Week each year to encourage homeowners and communities to properly maintain their septic systems. 




Dear Law Professors: Please Stop Hiding the Ball | Law.com

Robert McClendon, a former reporter with The Times-Picayune in New Orleans who started law school in August, writes an occasional column for Law.com.

***

Yet I'm left wondering, why not simply explain the rule and give us a bunch of novel fact patterns to show us the nuances and make sure we understand it?

***



September 15, 2016

New York's Internet Kiosks Are Being Shut Down As People Won't Stop Watching Porn--UberGizmo.com

By 


Where there is internet there is porn. It's a fact, an undeniable fact, one that LinkNYC should have kept in mind when it started setting up public Wi-Fi kiosks in one of the biggest cities on the planet. When they were launched in February this year, New York City Mayor Bill de Blasio said that these 7,500 kiosks would "bridge the digital divide," but operator LinkNYC finds that the kiosks are being used for other things. It's now shutting off web browsing in the kiosks because people just won't stop watching porn.



Pesticide Product Search Is Online--New York State DEC




The NYSDEC Bureau of Pest Management is pleased to announce that the new pesticide product registration database is now "live".  The web address is http://www.dec.ny.gov/nyspad/.  When visiting the webpage, please select the Products icon on the right side of the page to perform product searches.

This pesticide search database is replacing the Product, Ingredient, and Manufacturer System (PIMS) product database that has been hosted by Cornell University since its inception.  The new search database includes many added features, including site and pest searches.  Additionally, updates to the product data and labeling will be reflected instantaneously.  Previously, product registration data was updated approximately every two weeks.

We recommend you bookmark this site and begin using it immediately to become familiar with it as it is a little different from what you may be used to with PIMS.  If you go to the PIMS site to search for a product it will simply re-direct you to the new NYSPAD site.

The Products search is only one of several searches that can be performed on the NYSPAD search page.  Users can also search for pesticide applicators and businesses, restricted-use pesticide dealers, and pesticide courses and exams.

Please contact the Pesticide Product Registration Section at ppr@dec.ny.gov or (518) 402-8768 if you have any questions or comments regarding the NYSPAD pesticide product search.  For questions or comments regarding pesticide businesses, applicators, dealers, courses or exams, please contact the Reporting & Certification Section at pestmgt@dec.ny.gov or (518) 402-8748.


Decision of Interest - Mortgage Foreclosure - 2nd Dept reverses SJ for bank, business records inadmissible

HSBC Mtge. Servs., Inc. v Royal (2016 NY Slip Op 05973) 

****
The plaintiff failed to demonstrate the admissibility of the records relied upon by Roesner under the business records exception to the hearsay rule (see CPLR 4518[a]), and, thus, failed to establish the appellant's default in payment under the note. "A proper foundation for the admission of a business record must be provided by someone with personal knowledge of the maker's business practices and procedures" (Citibank, N.A. v Cabrera, 130 AD3d 861, 861; see Aurora Loan Servs., LLC v Mercius, 138 AD3d 650). Roesner, who was employed by the loan servicer to U.S. Bank, did not allege that he was personally familiar with the plaintiff's record keeping practices and procedures. Thus, Roesner failed to lay a proper foundation for the admission of records concerning the appellant's payment history (see Citibank, N.A. v Cabrera, 130 AD3d at 861; JP Morgan Chase Bank, N.A. v RADS Group, Inc., 88 AD3d 766, 767), and his assertions based on these records were inadmissible (see US Bank N.A. v Madero, 125 AD3d at 758). Inasmuch as the plaintiff's motion was based on evidence that was not in admissible form, the plaintiff failed to establish its prima facie entitlement to judgment as a matter of law (see Aurora Loan Servs., LLC v Mercius, 138 AD3d 650).

September 14, 2016

iOS 10: The MacStories Review - MacStories




Here is the most complete review and "how-to" guide to the new iOS 10.  This is a very long article.  It is even available as an e-book for $5.00.  The free version is amply illustrated and very detailed about the changes to Apple's  mobile operating system.





September 12, 2016

Northern District Pro Bono Opportunities

Dear Northern District Bar Members, 

The Court currently has three opportunities for attorneys to volunteer as pro bono counsel for trial ready cases. Please refer to L.R. 83.3 regarding the establishment of the Pro Bono Panel of the Northern District of New York. The following cases are currently awaiting pro bono counsel:

1. 9:15-cv-771 (GTS/TWD) Lewis v. Cowan et al (Syracuse Trial) 

2. 9:15-cv-317 (GTS/TWD) Peele v. Donah et al (Syracuse Trial)

3. 9:06-cv-1308 (FJS/DEP) Kotler v. Jubert et al (Syracuse Trial) 
*Stand-by Counsel only. Trial is set for 10/19/2016

Please remember that pursuant to Local Rule 83.3 (g) attorneys who accept a pro bono appointment may seek reimbursement for expenses incident to representation of indigent clients by application to the Court. Reimbursement or advances shall be permitted to the extent possible in light of available resources and, absent extraordinary circumstances, shall not exceed $2,000.

If any firms or counsel are interested in one of the above opportunities, please contact Nicole Eallonardo in the Clerk's Office, at Nicole_Eallonardo@nynd.uscourts.gov for further information. Accepting one of the above assignments will fulfill the requirement under Local Rule 83.3. Thank you for your attention to this matter. 

Thank you,
Lawrence K. Baerman, Clerk of Court

Apple Watch Series 2 vs. Series 1 (and original)



The Apple Watch Series 2 is far from a major upgrade over its early 2015 predecessor, as the two smartwatches look nearly identical. There are, however, some key internal changes between the two: Dive in as we compare Apple Watch Series 2 vs. 1.

EDITOR'S NOTE: I find the the side-by-side graphic comparisons very useful.



RefME | Free Referencing Generator - Harvard, APA, MLA...

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That's why we created RefME: an accurate and automated citation tool. We believe education utilities should be free, and want to give the next generation a better alternative to the inaccurate and expensive tools they've been stuck with. 

We empower millions of researchers and students worldwide with our cloud-based web platform, mobile apps and browser extensions, without a steep learning curve. RefME lets students collect and add any source to bibliographies with just a click, scan book and journal barcodes on their smartphone, and format citations in over 7500 styles.

September 10, 2016

The battle between Tesla and your neighborhood car dealership - The Washington Post


The first Tesla store opened in Columbus, Ohio, 72 miles away. Then one popped up in Cincinnati. Soon, another was in Cleveland. Tesla's Ohio invasion was swift and -- to longtime auto dealers such as Blake Arbogast -- a growing threat, creeping ever closer.

In Ohio, dealers sued and lobbied their legislators. One called Tesla's spread into his territory "Armageddon." All to no avail. Tesla, the electric-car manufacturer, and its boutique "galleries" are here to stay. The question now: Are traditional dealers?

Tesla, the California company founded by tech entrepreneur Elon Musk, plans to not only make electric cars as cool and fast as gas-guzzling sports cars but also to upend the way cars are sold. For generations, automobile manufacturers from Ford to Toyota to General Motors have been banned by state law from selling directly to consumers. Instead, their vehicles are sold by third-party dealers, many of which have deep ties to their community and political leverage.

Read more....

September 9, 2016

Constitution Day 2016: New Citizens to Take Oath at Iconic Sites | United States Courts



Constitution Day 2016: New Citizens to Take Oath at Iconic Sites

Students will participate in real-life civics lessons at naturalization ceremonies scheduled at National Park Service sites and other, iconic places from Ellis Island to Pearl Harbor, in celebration of Constitution Day and Citizenship Day on Friday, September 16.

Some ceremonies, including the Ellis Island naturalization, can be viewed by livestream starting at 10:45 a.m. EDT on September 16 from uscourts.gov