General Practice Section

Flock 1.0 is meant to be a "social" browser. It has integrated photo-sharing and instant messaging integrated into its design. Its designed for use with social networking sites. Users can access new information about friends and contacts via RSS feeds.

This version is compatible with computers running Windows 2000, XP, and Vista. Macintosh and Linux versions are also available.

Download for free here.

Everex gPC TC2502 Computer With Linux - New York Times
By JOHN BIGGS

Advocates of Linux, the free open-source operating system, like to say that buying a standard-issue computer involves a Microsoft Tax, because you have no choice but to pay for Windows. New versions of Linux and inexpensive hardware like the new Everex gPC TC2502 make that tax avoidable.

This computer has a 1.5-gigahertz Via processor, 512 megabytes of memory and an 80-gigabyte hard drive. What makes it stand out, however, is GOS, a version of Linux specially made to run Google applications like GMail and Google Documents. It also runs OpenOffice, an open-source office suite that can handle Microsoft Word documents, and some multimedia applications.

...The ostensible goal is to move much of the processing from the PC to the Internet.

The gPC is available now at Wal-Mart for $200, including a keyboard and mouse. A monitor costs extra...

Zonbu: Good things come in small packages

Zonbu is a compact, ultra low power mini with all the bells and whistles:
Intel-compatible ultra-low power CPU
512 MB RAM 4GB flash-based local storage
Graphics up to 2048 x 1536 (16 million colors, 75 Hz). Hardware graphics and MPEG2 acceleration
PC-compatible ports for keyboard and mouse
6 USB ports to plug-and-play all standard USB accessories
Broadband ready: 10/100 Mbps Ethernet built-in.

Scott v Beth Israel Med. Ctr. Inc.
2007 NY Slip Op 27429 (October 17, 2007)
Supreme Court, New York County

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Our friend Paul at Supraspinatus sent this along. Take a look at this great new blog.

Joel Stashenko
New York Law Journal (read Entire Article)
November 7, 2007

Attorneys in New York state are a step closer to becoming the last Bar in the United States to have rules of ethical behavior based in form and substance on the American Bar Association's Model Rules of Professional Conduct.

The New York State Bar Association's House of Delegates last Saturday unanimously approved revisions that are designed to transform New York's current Code of Professional Responsibility into new state Model Rules of Professional Conduct.

It took the State Bar's Committee on Standards of Attorney Conduct nearly five years to produce the almost 500 pages of proposed rules, which will now be sent to the appellate division's presiding justices for review and possible final adoption.

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On November 7, 2007, the United States Citizenship & Immigration Services ("USCIS") issued a revised I-9 form. A copy of the new I-9 form (in English and Spanish) may be obtained by clicking on the links above.

Note: The Spanish version of Form I-9 may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print this for their reference, but may only complete the form in English to meet employment eligibility verification requirements.

There is also a revised Employer Handbook (24.4 mbs) for I-9 compliance.

Law Blog - WSJ.com : Lawyers Take to the Streets In Support of Pakistani Brethren

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Defending the rule of law perhaps made for an atypical lunch break: “This is unusual for lawyers, but it’s the essence of what we’re about,” said Kathryn Grant Madigan, president of the state bar association.

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Read More

CIVIL PROCEDURE, CIVIL RIGHTS, INJURY AND TORT LAW

Nussenzweig v. diCorcia, No. 155
In suit for violation of right to privacy based on photos taken of plaintiff in Times Square without his consent or knowledge, summary judgment for defendants is affirmed as the publishing event giving rise to plaintiff's right of privacy claims first occurred no later than the fall of 2001, more than one year before he commenced suit, and, thus plaintiff's claims are time-barred.

CIVIL RIGHTS, CONSTITUTIONAL LAW, PROPERTY LAW & REAL ESTATE

O'Mara v. Town of Wappinger, No. 141
An open space restriction imposed by a subdivision plat under New York Town Law section 276, when filed in the Office of the County Clerk pursuant to Real Property Law section 334, is enforceable against a subsequent purchaser.

CONTRACTS, INSURANCE LAW

Raffelini v. State Farm Mut. Auto. Ins. Co., No. 129
A "serious injury" exclusion in a supplementary uninsured/underinsured motorist endorsement to an automobile liability policy is enforceable.

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Olson, No. 134
Conviction and sentence for assault in the first degree and criminal possession of a weapon in the fourth degree are affirmed over claims that the Appellate Division erred in: 1) applying the incorrect legal standard in determining that the verdict was not against the weight of the evidence; and 2) not reversing his conviction as the trial court improperly shifted to defendant the burden of proving justification, failed to view the evidence of justification in the light most favorable to defendant, and applied the wrong legal standard regarding the amount of force one can use for justification purposes.

CRIMINAL LAW & PROCEDURE

People v. Hill, No. 144
Conviction based on guilty plea to rape is vacated as to the plea where, since the trial court did not inform defendant that a period of postrelease supervision would follow his term of incarceration, he did not possess the requisite information knowingly to waive his rights and must be permitted to withdraw his plea.

PROPERTY LAW & REAL ESTATE

Simone v. Heidelberg, No. 130
In case involving reciprocal easement agreement between two parties for use of a driveway, reversal of summary judgment for plaintiffs is reversed where the easement was extinguished when the common owners acquired title to both parcels and the common owners lacked the authority to recreate the driveway easement over the servient estate at the time they transferred the dominant estate.

The First Post: Attacked in cyberspace? Call 999

News that Dutch police have arrested a teenager for stealing 4,000 euros worth of virtual furniture from an online, virtual-world hotel is the latest bizarre twist in an ongoing cyber-saga, in which virtual world property crimes are attracting real-life law-enforcement.

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The unfortunate Dutch 17-year-old is accused of tricking players out of their passwords, and using the information to steal virtual furniture, which he and a gang of five 15-year-old accomplices were storing in their own virtual hotel rooms.

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Read More

ADMINISTRATIVE LAW, ASSET FORFEITURE, CIVIL PROCEDURE, CONSTITUTIONAL LAW, CONSUMER PROTECTION LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW

Property Clerk of the Police Dep't of the City of New York v. Harris, No. No. 138
The N.Y.P.D. is not required to prove at a post-seizure retention hearing that the co-owner of a seized vehicle is not an "innocent owner" when trying to impound a vehicle during the pendency of a civil forfeiture proceeding. However, due process does require that an innocent co-owner be given an opportunity to demonstrate that his/her present possessory interest in a seized vehicle outweighs the City's interest in continuing impoundment.

ADMINISTRATIVE LAW, ENVIRONMENTAL LAW, PROPERTY LAW & REAL ESTATE

Ingraham v. Planning Board of Town of Southeast, No. 2 No. 149, 150
The lead agency under the State Environmental Quality Review Act (SEQRA), engaged in the requisite scrutiny of a project and regulatory changes that arose after the filing of a SEQRA Findings Statement, and made a reasoned elaboration, using studies and data already available in the file, that a second Supplemental Environmental Impact Statement (SEIS) was not necessary to address those changes.

ADMINISTRATIVE LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE

In Re: Sinclair Haberman, No. No. 132
Where a zoning board of appeals has voted to grant a variance, the board's lawyer, acting with actual or apparent authority, may agree to extend the time to build the improvements permitted by the variance. A second board meeting and vote are not required.
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CONTRACTS, GOVERNMENT LAW, INJURY AND TORT LAW, INSURANCE LAW, SERVICES, TRANSPORTATION

Stiver v. Good & Fair Carting & Moving, Inc., No. No. 137
New York State motor vehicle inspection stations cannot be held liable for failing to detect safety-related problems in inspected cars, and a third party cannot claim tort liability against a party with whom it lacks a contractual relationship, without being able to prove an exception to this rule under the court's test in Espinal v Melville Snow Contrs, (98 NY2d 136 [2002]).

EVIDENCE, INJURY AND TORT LAW, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE

Miller v. Consolidated Rail Corp., No. 181 SSM 28
Summary judgment in favor of defendant-landowner in a personal injury case is affirmed where the owner had no duty to provide lighting in the property at night where no hazardous or similar conditions were known. Even though defendant did provide lighting in the area where plaintiff was injured, plaintiff still failed to offer any proof that his injury was attributable to any negligence by the property owner. Read more...

Zonbu is a compact, ultra low-power mini computer with all the bells and whistles:
Intel-compatible ultra-low power CPU 512 MB RAM 4GB flash-based local storage Graphics up to 2048 x 1536 (16 million colors, 75 Hz). Hardware graphics and MPEG2 acceleration PC-compatible ports for keyboard and mouse 6 USB ports to plug-and-play all standard USB accessories Broadband ready: 10/100 Mbps Ethernet built-in.
Zonbu is $99 with a two-year subscription plan. With month to month plan, Zonbu is $249. That's not a misprint. Zonbu is one of the new, open-source based mini's, whose storage and applications are online.

Zonbu offers three different storage plans from $12.95-$19.95 a month, all of them with automatic backup, applications and OS maintenance, free upgrade to the latest version of all the applications, three-year free device replacement guarantee, and unlimited Internet support.

Zonbu should be ideal for a solo or small firm startup.

This computer, another example of a computer with its applications and storage online, has a 1.5-gigahertz Via processor, 512 megabytes of memory and an 80-gigabyte hard drive. It runs GOS, a version of Linux specially made to run Google applications like GMail and Google Documents. It also runs OpenOffice 2.2 (includes WRITER, IMPRESS, DRAW, CALC, BASE), an open-source office suite that can handle Microsoft Word documents, and some multimedia applications.

Additional Preinstalled and Linked Software include Mozilla Firefox, Meebo, Skype, Wikipedia, GIMP, Blogger, YouTube, Xing Movie Player, Rhythmbox, Faqly, and Facebook.

Hardware Specifications
1.5GHz, VIA C7®-D Processor, 512MB DDR2 533MHz, SDRAM, 80GB Hard Disk Drive, DVD-ROM/D-RW Optical Drive, VIA UniChrome Pro IGP Graphics, Realtek 6-Channel Audio, (1) 10/100 Ethernet Port, (1) DB 15-Pin VGA Port, (6) USB 2.0 Ports, (1) RJ-11 Port, (1) Headphone/Line-Out Port, (2) Microphone/Line-In Ports, (1) Serial Port, (1) Parallel Port, (1) Keyboard, (1) Mouse, (1) Set of Amplified Stereo Speakers

The gPC is available now at Wal-Mart for $200, including a keyboard and mouse. A monitor costs extra...and, yes, they made the box much larger than it needed to be to convince the Wal-Mart customers that this was a "real" computer. For this price, the gPC is just the thing to keep the kids away from your PowerBook, plug into the car, or make your new office look fully equipped.

UPDATE: Its a hit! WalMart's warehouse is sold out; but check individual stores for availability.

On November 7, 2007, the United States Citizenship & Immigration Services ("USCIS") issued a revised I-9 form. Click for a copy of the new I-9 form (in English and Spanish.

Note: The Spanish version of Form I-9 may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print this for their reference, but may only complete the form in English to meet employment eligibility verification requirements.

There is also a revised Employer Handbook (24.4 mbs) for I-9 compliance.

One Laptop Per Child intends to provide a means for learning, self-expression and exploration to the nearly two billion children of the developing world with little or no access to education. While children are by nature eager for knowledge, many countries have insufficient resources to devote to education—sometimes less than $20 a year per child. Imagine the potential that could be unlocked by giving every child in the world the tools they need to learn, no matter who they are, no matter where they live, no matter how little they may have.

If you'd like to donate an XO laptop today, click here. A donation of $200 will pay for and deliver one XO laptop to a child in a developing nation, $400 will pay for and deliver two XO laptops, and so on.

Starting November 12, One Laptop Per Child ("OLPC") will be offering a Give 1 Get 1 Program for a brief window of time in North America. For $399, you will be purchasing two XO laptops—one that will be sent to empower a child to learn in a developing nation, and one that will be sent to your child at home.

OLPC was founded and is chaired by Nicholas Negroponte of MIT Media Lab fame.

As one might expect, the computer that Negroponte and his fellow Media Lab faculty have developed is like no other computer. The XO laptop is a computer built for learning and designed specifically with children in mind. Because of this, the features deemed most valuable for its purposes are as good (and in many cases, better) than comparable features on a $1000 laptop. For instance, the XO’s screen can be viewed as clearly as a newspaper in broad daylight, and the wireless range of the XO is several times longer than your average laptop. It's also more rugged, resilient and power efficient than most other laptops on the market. While other features, such as power and speed, cannot compare to a $1000 machine, they are excellent for the XO’s $200 price point and meet the necessary requirements for learning. The XO’s operating system is based on a free and open source version of Linux.

Click here for links to inmate locators in a number of US States. Each locator is a little different. They can be searched in different ways and the amount of information about a particular prisoner can vary widely from state to state. Additionally some states place restrictions on how information from penal databases may be used.

Not included are:

The New York State Department of Corrections Prisoner Lookup.

The New York City Inmate Lookup.

Amazon.com : Entertainment : A Video Demonstration of Amazon Kindle

Video: A Video Demonstration of Amazon Kindle
Description: Watch a video demonstration of Amazon Kindle, the new ebook reader just in time for the Holidays.

CIVIL PROCEDURE, CIVIL RIGHTS, CORP. GOVERNANCE

Congregation Yetev Lev D'Satmar, Inc. v. Kahana , No. 142
Resolution of an election controversy between two rival factions of a religious congregation cannot be achieved through the application of neutral principles of law. Such resolution involves judicial intrusion into matters of religious doctrine.

CIVIL RIGHTS, PROPERTY LAW & REAL ESTATE

Congregation Yetev Lev D'Satmar of Kiryas Joel, Inc. v. Congregation Yetev Lev D'Satmar, Inc., No. 143
In dispute over the ownership of a cemetery for members of the Satmar community, a distinct sect of Orthodox Judaism, reversal of summary judgment for plaintiffs, and voiding conveyance of one-half interest in cemetery property to plaintiff Monroe Congregation is affirmed where support in the record exists for the Appellate Division's finding that the transfer was not in the best interests of defendant Brooklyn Congregation.

CONSTRUCTION, INJURY AND TORT LAW

Corsino v. N.Y.C. Transit Auth., No. 182 SSM 29
In negligence suit, order should be modified by denying summary judgment as to certain defendants where triable issues of fact exist as to whether hazardous condition causing injured plaintiff's fall was the result of negligence and as to whether the owner and contractor defendants exercised the requisite control over one defendant's work. As another defendant did not exercise supervisory or safety control over the work in question, the complaint was properly dismissed.

CONTRACTS, HEALTH LAW, INJURY AND TORT LAW, INSURANCE LAW

Hosp. for Joint Diseases v. Traveler's Prop. Cas. Ins. Co., No. 140
In action by plaintiff hospital to recover no-fault insurance benefits for services rendered to a patient injured in a motor vehicle accident, the insurance company's failure to timely request verification of the patient's assignment of benefits to the hospital precludes the carrier from now contesting the validity of the assignment.

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Greene, No. 139
Evidence obtained as a result of a violation of the physician-patient privilege need not be suppressed at a criminal trial.

CRIMINAL LAW & PROCEDURE

People v. Jones, No. 145
Conviction based on guilty plea to disorderly conduct is vacated where the factual allegations in the accusatory instrument failed to establish a prima facie case.

INJURY AND TORT LAW, SPORTS LAW

Haymon v. Pettit, No. 151
A baseball park operator owes no duty to warn or protect non-patron spectators who are injured while chasing foul balls that are hit out of the stadium.

About: Behind the Scenes

Miro is a free application for channels of internet video (also known as 'video podcasts and video rss). Miro is designed to be easy to use and to give you an elegant fullscreen viewing experience.

There are thousands of free internet video channels that you can watch. You'll be able to download all the videos that each channel offers and when new ones are released, Miro will grab them automatically.

Unlike tiny videos on websites like YouTube, Miro videos are usually very high quality and look great when watched full screen. Since Miro downloads videos completely before you watch, your videos will never skip or stutter while they are playing.

You should check out this video on One Laptop Per Child's amazing mesh wireless network as an example:

I found it while using Miro, which you can download here.

Windows and Mac are both okay with Miro.

CIVIL PROCEDURE, CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE

Haywood v. Drown, No. 146
Correction Law section 24, depriving New York courts of jurisdiction under state or federal law to entertain civil actions seeking money damages against correction officers, does not violate the Supremacy Clause of the U.S. Constitution.

CIVIL PROCEDURE, EVIDENCE, HEALTH LAW

Arons v. Jutkowitz, No. 147, 148, 153
An attorney may interview an adverse party's treating physician privately when the adverse party has affirmatively placed his or her medical condition in controversy, although the Health Insurance Portability and Accountability Act of 1996 through its Privacy Rule imposes procedural prerequisites unique to the informal discovery of health care professionals.

CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

Schreiber v. K-Sea Transp. Corp., No. 135
In case where seaman's agreement to arbitrate his Jones Act claim against his employer, made after the seaman was injured, such post-injury arbitration agreements are not prohibited, but a hearing should be held to decide whether the agreement is enforceable. The burden of proof at the hearing is on the party trying to invalidate the arbitration agreement.

CONTRACTS, HEALTH LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW

White v. Continental Cas. Co., No. 152
The definition of "total disability" in a disability income policy is not ambiguous and plaintiff failed to establish his entitlement to benefits under the policy as a matter of law.

LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE

333 East 49th Assocs., LP v. New York State Div. of Housing & Cmty. Renewal, No. 183 SSM 30
Respondent's determination that petitioners failed to maintain adequate janitorial services warranting a rent reduction is affirmed as the determination is rationally based on the inspector's observations of debris in the compactor rooms, which confirmed the tenants' sworn complaint of filthy compactor rooms that were not maintained.

lawjobs.com Career Center - New Pastures for Animal-Rights Lawyers

Mary Pat Gallagher
New Jersey Law Journal
November 30, 2007
When trusts and estates lawyer Elenora Benz meets with clients who want her to draw up a will, she asks not only about assets and heirs but also about pets and how they are to be provided for.

A New Jersey law enacted in 2001 lets pet owners set up lifetime or testamentary trusts for care of domestic animals. It even allows a court to appoint a trustee if needed and to make orders and determinations to carry out the intent of the creator and the purpose of the act.

Benz, who drafted the statute, has made use of it to help clients ensure their companion animals will be cared for and has even used it to provide for her own cats, dogs and Icelandic horses.

Pet-trust practice "is not going to make a fortune," says the Newton, N.J., solo, but it is a marketing tool, with some clients seeking her out specifically for that reason.

It's just one way in which a growing cadre of lawyers is melding a love of animals with legal practice as animal-related issues become incorporated in numerous legal areas, such as personal injury, landlord-tenant and family law.

They are getting a boost from animal-oriented legislation. The pet trusts law, N.J.S.A. 3B:11-38, is part of a spate of statutes in recent years. More than 30 states have similar statutes, including California, Florida, New York, Pennsylvania and Virginia.
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Read Entire Article

Last minute notice about an online symposium right now (Friday, 9 am - 4:30 pm):
This takes place in the Second Life virtual world:

Hosted by Wayne State University, this symposium will launch a broader research, teaching, and service project that can help us understand what citizenship means in the 21st century and can help our students, staff and faculty use emerging communication and information technologies to become better citizens. Live video of the entire day's events will be streamed into Second Life. More info:
with instructions on joining in Second Life here:

Speakers include:
* Russell Dalton, Professor of Political Science at the University of California Irvine, whose recent study called The Good Citizen looks at the attitudes and behaviors of young people
* Fred Stutzman, graduate researcher at the University of North Carolina's School of Information and Library Science, whose research and active blog outline both the theoretical and practical aspects of social network software and its role in academic and political life.
* Wendy Chun, Associate Professor of Media and Modern Culture at Brown University, who will be talking about "Imagined Networks".
* Vernor Vinge, Professor Emeritus of Mathematics at San Diego State University and award-winning science fiction writer, whose recent Rainbows End is insightful in its thinking about how ubiquitous computing might affect everyday life.

When: Nov 30 6:00am - 1:30pm (PST) check your local time:
Where: Teaching 2 (135,124,22)

Mogulus ｻ Broadcast Live. - Flash Player Installation

Start your own live broadcast using content from around the web or your own webcam, and assemble a dream team of producers.

Mogulus is now in Beta. Check out its site and the FAQ for more information on this exciting new service, which makes live web casting available for anyone with a web cam, including solos and small firms.

What a way to add value to your legal web site or blawg!!