October 2008 Archives

Legal News Feeds on Twitter

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Legal News Feeds on Twitter : JD Scoop


POSTED OCTOBER 26, 2008 ON JDSCOOP BY ADRIAN LURSSEN

For your reference, here is a list of legal news feeds to follow on Twitter.

Lurssen has limited this index to Twitter accounts that automatically (and solely) stream links to articles, alerts, and news on legal subjects. Simply "follow" whichever streams interest you the most.

ShowDocument.com

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Show Document | Live and Free document sharing session

ShowDocument.com is a free application that HBRLaba, Inc. have made available to users to meet and discuss documents in a real time fully-synchronized fashion. The platform requires no download and / or installation. Just click and use.

All one needs to do is take three steps:

1. Select a document you would like to share.
2. Upload it
3. Start the session

As soon as the session’s host is in, he or she gets a code that can be used to invite other people to join the session. The code for the session can be sent through chat or e-mail or mentioned simply over the phone.

The guest either clicks on the link or inserts the code on the home page and join the live Interactive session.

Credit Card Debt Law

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Credit Card Debt Law

The Federal Reserve Board proposed rules which, if implemented, will drastically change the practices of credit card companies toward consumers. There should be a long and drawn out battle over the next year, and this website will attempt to follow that battle.

Notifu

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Notifu will allow you to send a message to an individual or group, confirm the message was received, and get responses to act upon.

Today, Notifu is 100% free (including sending SMS and voice messages to anywhere in the world); however, it is likely in the near future that they will have a Free Edition and Pro Edition and some features will require the Pro Edition (like sending SMS messages, sending voice messages, etc).

The following browsers are supported:

Chrome 0.2
Firefox 2.0
Internet Explorer 6.0
Opera 9.6
Safari 3.1

Both Registered Users and Unregistered Users have access to the same features; however, an Unregistered User cannot access their Notifu messages and contacts after leaving the www.notifu.com site.

The purpose of the Try It Unregistered button on the home page is to provide a quick and easy way to try Notifu without even registering.

Their Wiki serves as a FAQ resource.

Lorraine Power Tharp RIP

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NYSBA | Lorraine Power Tharp

Lorraine Power Tharp
1947 - 2008
105th President of the New York State Bar Association

A funeral service for Lorraine Power Tharp will be held on Saturday, November 1, 2008 at 3:00 p.m. at Church of the Messiah, 296 Glen Street, Glens Falls, New York. There will be no calling hours prior to the service, but friends may visit with the family after the memorial Mass in the Church Hall across the street from the Church. Burial will take place in Massena, New York. Flowers may be sent directly to the church. Contributions in memory of Lorraine may be made to any one of the following organizations: New York Bar Foundation, 1 Elk Street, Albany, NY 12207; Thoroughbred Retirement Foundation, P.O. Box 3387, Saratoga Springs, NY 12866; Saratoga Performing Arts Center, 108 Avenue of the Pines, Saratoga Springs, NY 12866. Arrangements are under the direction of Regan and Denny Funeral Home, Glens Falls.

Read the full obituary.

Read the NYSBA News Release.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 10/28/08

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ADMINISTRATIVE LAW, PROPERTY LAW & REAL ESTATE, PUBLIC UTILITIES, TAX-EXEMPT ORGANIZATIONS, WATER LAW

In the Matter of Brooklyn Assembly Halls of Jehovah's Witnesses, Inc. v. Dep't of Envtl. Prot. of the City of New York, No. 153
In a petition seeking to force city water agencies to provide a statutorily-authorized exemption allowing petitioner-church free use of city water, denial of petition and dismissal of cause are affirmed where: 1) the agencies were not required to expand the scope of the exemption to cover petitioner's partially-qualifying property; and 2) the agencies were not required to interpret the exemption in the context of analogous property-tax exemptions for religious organizations.

CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE

People v. Jones, No. 160
Denial of defendant's Batson challenge is affirmed where defendant failed to establish a prima facie case of discrimination in the peremptory challenge of an African-American juror.

CIVIL RIGHTS, ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY, FAMILY LAW, PER CURIAM

In the Matter of Jung, No. 150
Petition for review of a determination of the State Commission on Judicial Conduct, which imposed the sanction of removal from office as a family-court judge, is denied where petitioner's policies limiting parents' rights to be heard and to counsel during custody proceedings were due-process violations, resulting in gross and repeated deprivation of litigants' rights.

CONSTITUTIONAL LAW, GOVERNMENT LAW, JUDGMENT ENFORCEMENT, TRANSPORTATION

Boudreaux v. State of Louisiana Dep't of Transp., No. 182
In a suit to satisfy a money judgment in a negligence case by reaching New York assets owned by the State of Louisiana, denial of plaintiffs' request to amend filing of the Louisiana judgment is affirmed where neither the Full Faith and Credit clause nor the doctrine of comity required New York courts to enforce a money judgment against Louisiana when such judgment was unenforceable in Louisiana due to constitutional and statutory limitations.

CONSTRUCTION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

Cohen v. Mem'l Sloan-Kettering Cancer Ctr., No. 218 SSM 25
In a suit under Labor Law section 240(1), summary judgment for plaintiff is reversed where no Labor Law section 240(1) liability exists where an injury results from a separate hazard wholly unrelated to the risk which brought about the need for the safety device in the first place.

GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE

In the Matter of City of New York, regarding Melrose Commons Urban Renewal Area, Phase II, No. 156
In a condemnation proceeding in which the landowner claimed numerous woodworking tools as compensable trade fixtures, an order awarding compensation for the tools is reversed where: 1) the claimed items would not "lose substantial value" if removed from the premises; and 2) on remand the court could consider whether the items otherwise met the test for trade fixtures, under a three-pronged "annexation-adaptability-permanency" test.

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

Litwack v. Plaza Realty Investors, Inc., No. 159
In a negligence suit brought by a tenant arising from the discovery of toxic mold in her apartment, summary judgment for defendants is affirmed where the plaintiff failed to present evidence to show that defendants were on notice of a possible hazardous mold condition.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 10/21/08

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AGRICULTURE, CONSTRUCTION, CONTRACTS, INJURY AND TORT LAW

Brothers v. New York State Elec. & Gas Corp., No. 146
In an action by a forestry worker injured on the job, alleging negligence by his employer for which defendant, which contracted with the employer to perform the work, should be held vicariously liable, summary judgment for defendant is affirmed where: 1) a contractual obligation does not necessarily constitute a nondelegable duty in tort; and 2) on the facts of this case, liability could not be extended to defendant.

CONSTRUCTION, CONTRACTS, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

Brooks v. Judlau Contracting, Inc., No. 147
In an action brought by an ironworker for injuries sustained on the job while employed by defendant's subcontractor, dismissal of plaintiff's third-party claim against the subcontractor is reversed where section 5-322.1 of the General Obligations Law allows a general contractor, who has been found to be partially at fault, to enforce an indemnification provision against its subcontractor for that portion of damages attributable to the negligence of the subcontractor, so long as the indemnification provision does not purport to indemnify the general contractor for its own negligence.


CONSTRUCTION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

Stringer v. Musacchia, No. 158
Plaintiff who was injured while building a shed for an acquaintance while on a hunting trip was not an "employee" covered by Labor Law section 240(1), as he was providing casual, uncompensated assistance to another person with a repair or construction project in an informal arrangement that did not give rise to mutual duties or obligations between them and bore none of the traditional hallmarks of an employment relationship.

CONTRACTS, EVIDENCE, FAMILY LAW

Graev v. Graev, No. 139
In a suit over the termination of spousal-support payments after husband claimed that wife had triggered a "termination condition" for such payments by cohabiting with another man, judgment in favor of wife is reversed and case remanded where: 1) the word "cohabitation" was ambiguous as used in the separation agreement; 2) neither the dictionary nor case law supplied an authoritative or plain meaning; 3) "cohabitation" does not require changed economic circumstances; and 4) remand was necessary to determine the intent of the parties based on extrinsic evidence.

CONTRACTS, INJURY AND TORT LAW, INSURANCE LAW

Sorbara Constr. Corp. v. AIU Ins. Co., No. 157
In a suit seeking to require an insurer to defend or indemnify an insured, judgment for defendant-insurer is affirmed where: 1) when a policy of liability insurance requires that notice of an occurrence be given "as soon as practicable," such notice must be provided within a reasonable period of time, and failure to give such notice relieves the insurer of its obligations under the contract, regardless of whether the insurer was prejudiced by the delay; and 2) notice provided under the worker's compensation policy at the time of the incident did not constitute notice under the liability policy even though both policies were written by the same carrier.

CRIMINAL LAW & PROCEDURE

People v. Lucas, No. 148
Conviction for first-degree murder is affirmed over a claim that the indictment was legally insufficient because it "double-counted" the death of the victim by asserting that defendant had killed him in the course of committing a first-degree kidnapping.

socialmedian: The law and technology network

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socialmedian: The law and technology network

The law and technology network News Network is yet another creation of Niki Black, author of Sui Generis-a New York Law Blog.

Niki's News Network is designed to help lawyers track and share news about The law and technology. Niki has usedsocialmedian for her latest group.
socialmedian is a targeted social media site, currently in beta, which allows you to subscribe to a network dedicated to a specific topic of interest, along with a group of like-minded folks, who want to share the latest news and sites for their topic. If you register for the free subscription, you can also start your own news network.

Both Niki's news network and socialmedian are worth a look, if only because you are not likely to run into your teenagers here.

Express Scribe Transcription Playback Software

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Free Transcription Software for Windows or Mac


Digital Transcription Audio Player Software

Express Scribe is free professional audio player software for PC, Mac or Linux designed to assist the transcription of audio recordings.

The program is installed on the typist's computer and can be controlled using a transcription foot pedal or keyboard (with 'hot' keys). This computer transcriber application also offers valuable features for typists including variable speed playback, multi-channel control, file management and more.

Express Scribe is completely free and can be used without any restrictions. They make it free with the hope you will like it so much you will recommend their commercial digital dictation suite to others.

Penn. Courts 'Tweet' on Micro-Blogging Site

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Legal Technology - Penn. Courts 'Tweet' on Micro-Blogging Site


By Amaris Elliott-Engel
The Legal Intelligencer
October 22, 2008

The process of getting the 1st Judicial District of Pennsylvania up to 21st-century speed with its filing system has required a planned-out process. But the 1st Judicial District has been brisk about getting onto Twitter, an online service that allows users to send brief updates about their activities to other users.

When the FJD and other partners held the fugitive safe surrender program Sept. 17 to 20, the FJD sent out updates about the safe surrender program via Twitter to 10 of its volunteers who don't have BlackBerrys and were unable to receive e-mail updates remotely.

But because most people have cell phones, that group of 10 was able to receive updates on their cell phones via Twitter, according to David Wasson, chief deputy court administrator.

"During fugitive safe surrender we saw that it was a way to communicate with all the volunteers," Wasson said.

Twitter users can receive Twitter updates on the Web site. Users can also receive updates by text messages on their cell phones because of the communications protocol Short Message Service. Updates can also be received via e-mail and other Web applications.

***

Read entire article

Hat Tip to Niki Black

Second Circuit Rejects Constitutional Challenges to NY Lis Pendens

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The New York Law Journal - <i>Diaz, plaintiff-appellant v. Paterson,* defendants-appellees</i>

Second Circuit: Real Property Constitutional Challenges to State's Lis Pendens Law For Failure to Provide Notice, Hearing Are Rejected

Read full text of 2d Circuit Decision here.

FINDLAW:Daily Opinion Summaries for New York Court of Appeals - 10/16/08

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CIVIL PROCEDURE, ETHICS & PROFESSIONAL RESPONSIBILITY, PROFESSIONAL MALPRACTICE

Tydings v. Greenfield, Stein & Senior, LLP, No. 154
In a legal malpractice action by the former trustee of a grantor trust against the law firm that represented her in a proceeding to compel an accounting, reversal of dismissal on collateral estoppel grounds is affirmed where: 1) collateral estoppel does not prevent relitigation of a ruling that was an alternative basis for a trial-level decision, where an appellate court affirmed the decision without addressing that ruling; and 2) when a trustee resigns, the statute of limitations governing an action to compel her to account runs from the date the trusteeship is turned over to a successor trustee.


CIVIL PROCEDURE, GOVERNMENT LAW, PER CURIAM

In the Matter of City of Elmira v. Doe, No. 142
In a civil proceeding to vacate a sealing order, appellate court order is affirmed where some of the sealed records were not official records subject to a CPL 160.50 seal.


CONTRACTS, HEALTH LAW, LABOR & EMPLOYMENT LAW

Goldman v. White Plains Ctr. for Nursing Care, LLC, No. 140
In a breach of contract action arising out of the termination of plaintiff's employment, summary judgment for defendants is affirmed where the expiration of a two-year employment contract did not give rise to successive one-year implied contracts when the employee continued working for the employer without a new agreement, but rather converted plaintiff into an at-will employee.

CORP. GOVERNANCE, CRIMINAL LAW & PROCEDURE, EVIDENCE, MANUFACTURING, SENTENCING, WHITE COLLAR CRIME

People v. Kozlowski, No. 137, 138
In the prosecution of two former Tyco International executives for crimes associated with corporate wrongdoing, defendants' convictions and sentences are affirmed where: 1) the admission of an attorney's testimony concerning certain facts related to a corporate internal investigation did not improperly convey to the jury an opinion regarding defendants' guilt; 2) certain material sought by defendants via a subpoena duces tecum was protected by the qualified privilege covering trial preparation materials; and 3) even if there was an Apprendi violation in the imposition of fines upon defendants, any error was harmless.

CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING

People v. Smith, No. 149
In a sex-offender registration proceeding following defendant's guilty plea to a rape charge, order classifying defendant as a level two sex offender is reversed where the lower court did not adequately set forth the findings of fact and conclusions of law on which it based its decision to assess defendant 20 points under the risk factor pertaining to defendant's relationship with the victim.

OpenOffice.org Version 3.0

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OpenOffice.org 3 is the leading open-source office software suite for word processing, spreadsheets, presentations, graphics, databases and more. It is available in many languages and works on all common computers. It stores all your data in an international open standard format and can also read and write files from other common office software packages. It can be downloaded and used completely free of charge for any purpose.

Following three years of development, OpenOffice.org has now reached the landmark version 3.0, with a host of new features including native support for Mac OS X users. Head to http://download.openoffice.org to download the en-US, da, de, fr, it, ja, ru, sv versions, and monitor the platforms and languages page for details of the availability of other versions.

VIA FINDLAW: Supreme Court Grant of Stay in Ohio Voter Registration Lawsuit

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BRUNNER V. OHIO REPUBLICAN PARTY

(U.S. Supreme Court) - Per curiam decision of the United States Supreme Court granting a stay and vacating a temporary restraining order that directed the Ohio Secretary of State to update Ohio's Statewide Voter Registration Database. The Supreme Court found that the respondents, including the Ohio Republican Party, were not sufficiently likely to prevail on the question of whether Congress authorized the District Court to enforce Section 303 of the Help America Vote Act in an action brought by a private litigant to justify the issuance of a TRO.

Read the 6th Circuit's Opinion

FINDLAW:Daily Opinion Summaries for U.S. Supreme Court - 10/14/08

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CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING

Moore v. U.S., No. 07-10689
Sentence for possession of cocaine base with intent to distribute is reversed and the case remanded where the district court's statements during sentencing showed that it did not think it had the discretion, which was later upheld by the Supreme Court in Kimbrough v. U.S., to reject the Guidelines' crack-to-powder cocaine sentencing ratio.


Opera 9.6

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Opera has always seemed a bit faster than the "plain vanilla" browsers. They've also kept plugging along from year to year, improving functionality.

Opera's latest version includes new desktop widgets, integration with email and chat clients, and sophisticated drag-and-drop functionality. Opera's homepage has more info. This version is compatible with computers running Windows 95 and newer or Mac OS X 10.3 and newer.

Download here.

The New Federal Rule of Evidence 502

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Here is an excellent example of the utility of podcasts for legal discussion. This is from our friends at LegalTalkNetwork:

***

Every lawyer knows the costs of discovery can escalate. Last month on September 19, 2008, President Bush signed Senate Bill 2450 into law, which establishes Federal Rule of Evidence 502 and is effective immediately. This law creates a new rule of evidence limiting certain attorney-client privilege and work product waivers. Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi, welcome Attorney Robert D. Owen, a partner in Fulbright & Jaworski L.L.P., to take a look at New Federal Rule of Evidence 502 and see how this new rule will affect litigation and litigation costs as well as clients.

Click to Listen:

MP3

Windows Media

RSS

iTunes

PrintWhatYouLike.com

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PrintWhatYouLike.com {beta}: Print only what you like.

Make Any Page Printer-Friendly
Edit any public page in your browser - no installation required!
Change page font size and type, remove the background, and remove images
Edit any part of the page by clicking a page element or selecting text
Any selection can be removed, isolated or widened
All changes are undoable
Combine multiple web pages together - edit and print them as one document!
Format any web page for printing in seconds - no more pasting into Word
Save money and the environment by reducing your paper and ink usage
Make printed web pages more readable by removing ads, widgets and other distractions
Fix broken pages that don't print correctly

ELIZABETH KERRIGAN ET AL. v. COMMISSIONER OF PUBLIC HEALTH ET AL.

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For full text of the Connecticut Supreme Court Decision on Gay Marriage click here.

***

We conclude that, in light
of the history of pernicious discrimination faced by
gay men and lesbians,1 and because the institution of
marriage carries with it a status and significance that
the newly created classification of civil unions does not
embody, the segregation of heterosexual and homosex-
ual couples into separate institutions constitutes a cog-
nizable harm. We also conclude that (1) our state
scheme discriminates on the basis of sexual orientation,
(2) for the same reasons that classifications predicated
on gender are considered quasi-suspect for purposes
of the equal protection provisions of the United States
constitution, sexual orientation constitutes a quasi-sus-
pect classification for purposes of the equal protection
provisions of the state constitution, and, therefore, our
statutes discriminating against gay persons are subject
to heightened or intermediate judicial scrutiny, and (3)
the state has failed to provide sufficient justification
for excluding same sex couples from the institution of
marriage.

***

RPLS Notice: Governor’s Subprime Mortgage Foreclosure Bill

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From the NYSBA Real Property Law Section:

The article describing the Governor's subprime mortgage foreclosure bill, entitled "State Legislation Addresses Mortgage Foreclosure Crisis and Subprime Lending Abuses," appeared in the August 2008 issue of the Empire Justice Center's "Legal Services Journal." It is listed on our website as a service to members of the Real Property Law Section.

Please note that, with respect to the pleading requirements arising under Section 17 of the Act regarding pleading the status of the plaintiff as the owner or holder of a subprime loan, the legislation appears unclear and the authors take no position on whether that provision applies to loans closed prior to September 1, 2008. Some have argued that since no loans were classified as "subprime" for foreclosure purposes prior to September 1, the additional pleading requirement could not apply to loans closed before that date. Others argue that even if a loan closed prior to September 1, it could still be considered to be a subprime loan if it met the new criteria for being classified as subprime, and in that case the additional pleading requirement would now apply. The Real Property Law Section takes no position on this issue.


To view this message and the Governor’s subprime mortgage foreclosure bill go to www.nysba.org/GovernorsSubprimeMortgageBill

ADMINISTRATIVE LAW, CIVIL RIGHTS, EDUCATION LAW, GOVERNMENT LAW

P., by His Parents v. Newington, No. 074652

Final judgment granting defendant's motion for summary judgment and affirming the decision of an administrative hearing officer that the plaintiff elementary-school student's Individualized Education Plan for the 2005-2006 academic year complied with the requirement under the Individuals with Disabilities Education Act is affirmed where determining whether a student has been placed in the "least restrictive environment" requires a flexible, fact-specific analysis, considering whether, with the aid of appropriate supplemental aids and services, education in the regular classroom may be achieved, and if not, whether the school has included the student in regular classes, programs, and activities to the maximum extent appropriate.

NYSBA LPM alert - FDIC temporary increase

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Dear NYSBA members:

The Law Practice Management Committee is pleased to share this information outlining the temporary increase of FDIC deposit insurance for all banks. Please see www.nysba.org/FDIC for details.

Attorneys should be aware that the FDIC insurance limit increase is not a permanent measure and expires by its terms on December 31, 2009. In addition, the limit applies "per owner." As a result, a depositor who provides the proper paperwork can document the fact that funds held in an escrow or trust account belong to a specific party. An inquiry should be made as to whether that party has any other funds on deposit with the same financial institution that would exceed the available FDIC coverage.


Gary Munneke, Chair
Law Practice Management Committee

*** NOTICE TO ALL MEMBERS OF THE NORTHERN DISTRICT BAR ***

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In case you have not yet heard it is with sadness that we report that the Hon. Howard G. Munson, Senior District Judge for the Northern District of New York, passed away on Sunday, October 5th. I would like to bring to your attention that the Syracuse newspaper today misprinted the date for the calling hours. Calling hours are TOMORROW October 9th from 3:00-7:00 p.m. at Burns-Garfield Funeral home not TODAY as the paper states.

The Court plans on holding a Court memorial service in the near future. Once the date has been established for the service at the Courthouse, an email will be sent to all bar members.


Lawrence K. Baerman
Clerk - USDC
Northern District of New York

Torts Insurance & Compensation Law Section Webcast Invitation - 10/7/08

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Torts Insurance & Compensation Law Section
Executive Committee Webcast Invitation
October 7, 2008 11 a.m. - 12 p.m.


You are invited to view the Torts Insurance & Compensation Law Section in action. On October 7th, the Section's Executive Committee will hold its quarterly meeting at the New York Bar Center. The first hour of this meeting will be broadcast over the internet and available for viewing at www.nysba.org/TICLWebcast. To view the webcast, simply access the link above on the day of the meeting and follow the directions on the screen.

Among the items on the agenda will be the Section's consideration and proposal of legislation to amend Insurance Law 3420(d). Also known as the disclaimer statute, the Executive Committee will examine whether it should require a policyholder or claimant show prejudice when an insurer's disclaimer is late, but otherwise valid. The Executive Committee will also address adoption of a strategic plan, and upcoming Section events.

This will be the first webcast by any NYSBA Section of one of its events. Our goal is to allow our members to view how the Section works, and afford to become more involved. As Chair of the Torts Insurance & Compensation Law Section, I invite you to become more active and to spend an hour watching this meeting.

Dan Gerber, Chair
Torts Insurance & Compensation Law Section

LAW OF THE LAND: A blog on Land Use Law and Zoning

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About this Blog ォ LAW OF THE LAND

This blog, maintained by Albany Law School Associate Dean and Professor Patricia Salkin, is designed to provide a forum for the discussion of current laws, policies and decisions that affect the use of land. It highlights new court decisions, new state (especially NY) and federal laws and policies, and actions at the local government level that guide and/or impact land use and community development.

Readers may use this blog to keep current on trends in land use law by subscribing to the daily email to bringnews of the case or development of the day and readers may also watch developments in specific areas of the law by using the categorical tags to review all recent posting relating to a particular topic.

This is a very practical blog for the land use practitioner or municipal attorney. An excellent example is last week's Albany Government Law Review 3-day symposium focusing on religion and land use. The program brought together leading judges, academics and practitioners, many of whom focused on the Religious Land Use and Institutionalized Persons Act. See the conference agenda along with links to the podcasts for each of the presentations so that readers of this blog may hear what was discussed.

In addition, Prof. Salkin's students have launched their own blog, the AGLR Fireplace where they blogged live from the symposium.

FINDLAW: EMERGENCY ECONOMIC STABILIZATION ACT OF 2008

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(U.S. Congress) - Text of the Emergency Economic Stabilization Act of 2008 passed by Congress and signed by President Bush October 3, 2008. The financial bailout package includes numerous tax breaks added to the bill by the Senate, including an AMT patch, individual and business tax extenders, energy incentives, and disaster tax relief. It also contains an extension for home mortgage debt forgiveness relief, and a tax crackdown on compensation and severance pay for certain financial executives, and parity for mental health coverage in group health plans. .

Related Resources
Thomson Reuters Press Release and Description of the Act.
Read the Version the House Voted Down on Monday

Federal Criminal Defense Practice Update on 10/21/08 (6.5 CLE credits)

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The NDNY Office of the Federal Public Defender, NDNY Federal Court Bar Association, Inc. and NYS Defenders Association are proud to offer the following program:

Tuesday, October 21, 2008, 8:15 a.m.-4:30 p.m.

"Federal Criminal Defense Practice Update" (6½ CLE credits)
Crowne Plaza Hotel, State & Lodge Streets, Albany, N.Y.
No cost. Register by 10/14/08. Details at www.ndnyfcba.org

RPLS Committee on Legislation: Legislation Update

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The following legislation update is being forwarded to you on behalf of the Real Property Law Section's Committee on Legislation:
Selected laws affecting real property enacted so far in 2008:

A251/S5621 Lender prohibited from exercising due on sale clauses for homes - Chap 152
A1269/S1531 Sex offender prohibited from license as r.e. broker or salesman - Chap 430
A7007A/S3825 Appointment of Art 7-A administrator is basis to declare mortgage due or certify dwelling abandoned - Chap 529
A7519/S4874 Requires seller to establish escrow for broker's commission - Chap 436 [RPLS memo in support]
A7700/S4963A Residential assessment ratio - Chap 78
A10766/S7645 Extends tax rate reduction on REITS - Chap 416
A10817/S8143 Governor's Program Bill on mortgage foreclosure - Chap 472 [RPLS memo in support if amended]
A10952/S5634 Requires notification of tenants of testing for indoor air contamination - Chap 521
A11544/S8517 Requires notice re certified copy of deed - Chap 485
A11574/S7915C Clarifies adverse possession - Chap 268 [RPLS memo in opposition to final bill]

Bills not enacted:

A1743 NYSLTA bill to license title agents - did not pass [RPLS memo in support]
A3994 Applications to purchase coops - did not pass
A8948 Disclosure of LLC members - passed Assembly only [RPLS memo in opposition]
A9295 County Clerk discretion re mortgages (anti-MERS) - did not pass [RPLS memo in opposition]
A9491 Nassau County Clerk discretion re mortgages (anti-MERS) - did not pass [RPLS memo in opposition]
A11424 Revise PCDA - did not pass [RPLS memo in support]

To find copies of bills, go to:

1. RPLS portion of NYSBA website: www.nysba.org, then "Sections," then "Real Property Law Section," then "Status of Pending Legislation" (search by bill number, click on number) (For RPLS memoranda go to "2007-2008 Legislative Memoranda") or go to
2. Senate website: www.senate.state.ny.us, then "Bills and Laws" or go to
3. Assembly website: www.assembly.state.ny.us, then "Bill Search and Legislative information."

NYLJ: Custody, Violation Screening To Be Cut Back

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By Joel Stashenko (entire article)
October 02, 2008


ALBANY - Even before it is to go into effect, a new requirement that courts perform background checks in the state's registry of orders of protection and warrants before making child custody and visitation decisions will be scaled back.

When signing legislation (A11657/S8569) into law establishing new screening requirements, including the mandated checking of people in custody and visitation cases against the state Sex Offender Registry, Governor David A. Paterson indicated that legislative sponsors have agreed to pass an amendment limiting warrant screening to those warrants issued by Family Courts.

The governor said questions have been raised about the feasibility, with current computer systems, of Supreme and Family courts making accurate and timely background checks through the state's outstanding warrant and orders of protection database maintained by the Division of Criminal Justice Services.

"Such name-based checks will typically uncover multiple records of persons with similar names, none of whom may be the person seeking custody or visitation," Mr. Paterson wrote in an approval message to the legislation. "Delaying a custody or visitation decision while these records are examined may not be in the best interests of the child."

FINDLAW: EMERGENCY ECONOMIC STABILIZATION ACT OF 2008

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(U.S. Senate) - Text of the revised financial institution rescue package up for a vote before the Senate the evening of October 1, 2008.

Related Resources
Read the Version the House Voted Down on Monday

Courts, Legal Services Gear Up For Pre-Foreclosure Settlement Meetings

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By Joel Stashenko ( entire article)
October 01, 2008

ALBANY - New York's legislative response to the residential mortgage foreclosure crisis has created a breather of sorts in the foreclosure process as courts, attorneys and advocates for imperiled homeowners prepare to exercise their rights and obligations under the new law.

Court administrators and legal services providers for the poor said they are working out how to provide mandatory pre-foreclosure settlement hearings to the thousands of borrowers with subprime mortgages facing default, as provided for under the anti-foreclosure statute.

The law also created a new "workout" period starting Sept. 1 in which lenders must give borrowers 90 days' warning of their intention to serve a summons and complaint of foreclosure.

The article goes into significant detail about OCA's attempts to come up with a process to comply with the new law including an administrative order signed on Sept. 24 by Judge Pfau to file a specialized request for judicial intervention with county clerks when initiating a foreclosure summons and complaint.

About this Archive

This page is an archive of entries from October 2008 listed from newest to oldest.

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