February 2009 Archives

NYSBA Elder Law Section: POA Revision Delayed Until 9-01-09

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We are pleased to report that Governor Patterson has signed legislation extending the effective date of the new Power of Attorney statute which delays its effective date from March 1, 2009 until September 1, 2009.

I also want to thank the efforts of NYSBA staff members Ronald Kennedy and Kevin Kerwin in helping get this change approved by the Assembly and Senate and signed into law by the Governor.

We will be updating you more extensively on this new statute by enews and at upcoming programs including our Section's Unprogram in Poughkeepsie on April 23 and 24, the Basic Skills programs at many sites in early May and at our Summer meeting in Washington D.C. July 23-26.

Timothy E. Casserly, Esq.
Chair, Elder Law Section

Safari 4.0 Beta

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Apple - Safari - Introducing Safari 4 - See the web in a whole new way

Safari 4 Beta is available for download here.

Safari 4.0 Beta is for both Windows and Mac. The new features are many, including Top Sites, which provides easy access to your most visited sites. Cover Flow from iTunes is added for your history or bookmarks. Tabs are now on top ala Chrome. This takes a bit of getting used to.

Safari 4.0 Beta does seem faster and the screen is larger with the tabs on top.

This Beta is ready for you to try. See if you find the new features useful. Warning: some of your 3rd party plugins, etc. may not yet be updated.

FINDLAW:Daily Opinion Summaries for U.S. Supreme Court -02/25/09

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Pacific Bell Tel. Co. v. Linkline Comms., Inc., No. 07-512
In an antitrust action alleging a "price squeeze" claim, denial of judgment on the pleadings for Defendant is reversed, where such a claim cannot be brought where the defendant is under no antitrust obligation to sell inputs to the plaintiff.



Pleasant Grove City v. Summum, No. 07-665
In a First Amendment action claiming that Plaintiff was entitled to place a monument in a public park where Defendant city had allowed other monuments, denial of a preliminary injunction is affirmed, where the First Amendment does not apply to government speech.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 02/24/09

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Criscolo v. Vagianelis, No. 20
In an Article 78 challenge to Department of Correctional Services rules requiring certain DOCS employees to conduct Title III administrative hearings, dismissal of the petition is affirmed, where the requirement was not unreasonable.


People v. Quinones, No. 14
Defendant's burglary sentence was affirmed, where New York's discretionary persistent offender sentencing laws did not violate Apprendi because they required the jury to find that the defendant was a persistent offender.


Fasso v. Doerr, No. 21
In a medical malpractice action, the dismissal of Intervenor-Insurer's equitable subrogation claim is reversed, where there was insurance coverage remaining after the amount Defendant paid to Plaintiff in settlement.

NOTICE - To all members of the Northern District Bar

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The United States District Court for the Northern District of New York is
seeking qualified applicants for the position of a full-time United States
Magistrate Judge to be located in Syracuse, New York. The Public
Announcement and Application Form are available on the Northern District of
New York website at:


Thank you

Lawrence K. Baerman, Clerk

FINDLAW: Daily Opinion Summaries for U.S. Supreme Court - 2/24/09

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Carcieri v. Salazar, No. 07-526
In a challenge to the Interior Secretary's holding of lands in trust for Indians under 25 U.S.C. section 465, judgment for Defendants is reversed, where the term "now under federal jurisdiction" refers to a tribe that was under federal jurisdiction at the time of the statute's enactment.


Ysursa v. Pocatello Educ. Ass'n., No. 07-869
In a First Amendment challenge to a law prohibiting public employees from making payroll deductions for political activities, summary judgment for Defendant is affirmed, where the First Amendment does not confer a right to use government payroll mechanisms for political expression.


US v. Hayes, No. 07-608
Defendant's conviction for possessing a firearm under 18 U.S.C. section 921 is affirmed, where a domestic relationship between the offender and victim need not be an element of the defendant's "misdemeanor crime of domestic violence" to trigger Section 921's possession ban.

The Art of Negotiation

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The Art of Negotiation, by Dina R. Jansenson (Flemming Zulack Williamson Zauderer LLP) is an outline designed to help you learn what negotiation is about.

Jensenson offers a broad view of the concepts of negotiation, as well as a review of the five stages of the negotiation process: Preparation; Relationship Building; Information Gathering & Exchange; Problem-Solving/Bargaining; Designing & Closing the Agreement.

Download the full text of the outline for free here.

Understanding the Revised Power of Attorney Statute

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The New York Law Journal -Free With Registration: Elder Law

Elder Law

Understanding the Revised Power of Attorney Statute

By Daniel G. Fish
February 24, 2009

A recent amendment to the General Obligations Law1 has made a total revision to the power of attorney statute. It is hard to exaggerate the scope of the change. Four sections were repealed, 12 sections were amended and 13 new sections were added. Only two sections of the prior law were neither repealed nor amended.


Read the full text of the article here.

How to Present While People are Twittering

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How to Present While People are Twittering | Pistachio

Posted by Tamar Weinberg
This is a guest post from esteemed presenter and expert Olivia Mitchell.

People used to whisper to each other or pass hand-scribbled notes during presentations. Now these notes are going digital on Twitter or via conference-provided chat rooms.

Up until now, this back-channel has been mainly confined to the Internet industry and technology conferences. However, a survey of leadership conferences from Weber Shandwick shows that there is a significant increase in blogging and twittering at conferences.

So the next time you present at a conference, instead of being confronted by a sea of faces looking at you, you may be phased by a sea of heads looking down at their laptops. The challenge is how to adapt to presenting with the back-channel.


This practical article is required reading for those who present to audiences equipped with Twitter.

Prof. Salkin on NY Climate Change Case

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In Important Climate Change Case NY Appeals Court Upholds Denial of Site Plan Based On Significant Increase of Air Emissions ォ LAW OF THE LAND


Laidlaw Energy & Environmental, Inc. v. Town of Ellicottville, 2009 WL 281804 (N.Y.A.D. 4 Dept. 2/6/2009).

The full text of the opinion can be accessed at: http://www.courts.state.ny.us/ad4/court/Decisions/2009/02-06-09/PDF/1659.pdf

Special thanks to Daniel Spitzer, Esq. of Hodgson Russ LLP in Buffalo, NY for this case abstract.

CrimeTime Online

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Welcome to CrimeTime Online

CrimeTime quickly calculates permissible sentences for New York crimes, taking into account the conviction and the defendant's age and criminal history.

What is CrimeTime?
CrimeTime is free sentencing software created by George Dentes in 1996. In 2008, the New York Prosecutors Training Institute Inc. (NYPTI) embarked on a major overhaul of George’s original programming, and made it a web-based application rather than a stand alone, Windows only application. CrimeTime Online was released for beta testing in November 2008 and, in keeping with George’s intent, released to the general public in December 2008.
Contributed by Thomas Hegeman, Esq., 50 Dietz Street-Suite L, Oneonta, New York 13820 (607) 432-7952

Practice Management and the New Rules of Professional Conduct

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Tuesday, February 24, 2009

Sponsored by the Committee on Law Practice Management and the General Practice Section

Practice Management and the New Rules of Professional Conduct
CLE Teleconference

Find out how the new rules affect your practice

Tuesday, February 24, 2009

12:00 p.m. - 2:00 p.m.
(Eastern Time)

Professor Gary Munneke

Marian Rice, Esq.
Thomas Rice, Esq.

On April 1, 2009, the New York Rules of Professional Conduct will replace the existing Disciplinary Rules. In addition to adoption of ABA Model Rules Format, the new rules bring changes that affect the manner in which you manage your law firm or practice on your own. Learn the overall format of the newly enacted Rules and how the Rules:

Significantly change the manner in which a conflict of interest should be analyzed and resolved;

Alter the existing rules on the relationship between attorney and client and the allocation of authority in the attorney client relationship;

Impact upon the current letters of engagement rules and the circumstances under which attorneys may agree to a division of fees;

Set forth the attorney's responsibilities and duties to prospective clients who have not engaged the attorney;

Affect the current definitions of attorney-client communications;

Delineate the role of an attorney when dealing with a client of diminished capacity;

Permit, under certain circumstances,evaluations to one other than the client;

Define the role of the lawyer as a third party neutral;

Specify an attorney's obligations before a tribunal;

Expand an attorney's obligation in speaking with unrepresented parties;

Include direction on the inadvertent receipt of documents and respect for the rights of third persons; and

Set forth aspirational goals for pro bono service.

register at www.nysba.org/practicemanagementcle


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Home | Recovery.gov

Recovery.gov is a website that lets you figure out where the money from the American Recovery and Reinvestment Act is going. There are going to be a few different ways to search for information. The money is being distributed by Federal agencies, and soon you'll be able to see where it's going -- to which states, to which congressional districts, even to which Federal contractors. As soon as they are able to, they'll display that information visually in maps, charts, and graphics.

Read the full text of the Bill:
The President recently signed the American Recovery and Reinvestment Act into law. Read the full bill here.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 2/17/09

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Brownley v. Doar, No. 5opn09
In a suit for monetary and injunctive relief that would prevent plaintiffs from being evicted from their homes, dismissal for lack of standing is affirmed where the adequacy requirement of Social Services Law section 350 does not apply to the Safety Net Assistance program.


In the Matter of Aspen Creek Estates, Ltd. v. Town of Brookhaven, No. 19mem09
The judgment of the Appellate Division is affirmed where the public benefits of the taking of land for farmland preservation in the case were not incidental or pretextual in comparison with benefits to particular, favored private entities.


People v. Elysee, No. 6opn09
Conviction for manslaughter, assault and DUI is affirmed where: 1) even if blood samples given after an accident were privileged, under the facts and circumstances of this case the privilege was overcome when the police officers executed a court order to test the samples; and 2) the supreme court did not err by not charging criminally negligent homicide as a lesser included offense of second degree manslaughter since there was no reasonable view of the evidence which would support a finding that defendant committed the lesser offense of criminally negligent homicide.


People v. Middleton, No. ssm50mem09
The order of the Appellate Division is affirmed without costs where defendant's constitutional arguments are unpreserved and the record supports the determination of the courts below that defendant is a level 3 sex offender.


People v. Jackson, No. 9-10-11opn09
Sentences for attempted kidnapping and unlawful imprisonment are affirmed where the State did not violate defendants' constitutional rights by compelling them to register as "sex offenders," even though there was no proof that their crimes involved any sexual act or sexual motive.


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The Medpedia Project is a long-term, worldwide project to evolve a new model for sharing and advancing knowledge about health, medicine and the body among medical professionals and the general public. This model is founded on providing a free online technology platform that is collaborative, interdisciplinary and transparent.

Users of the platform include physicians, consumers, medical and scientific journals, medical schools, research institutes, medical associations, hospitals, for-profit and non-profit organizations, expert patients, policy makers, students, non-professionals taking care of loved ones, individual medical professionals, scientists, etc.

In association with Harvard Medical School, Stanford School of Medicine, Berkeley School of Public Health, University of Michigan Medical School and other leading global health organizations, Medpedia will be a commons for the gathering of the information and people critical to health care.


Medpedia is a technology platform – what’s available today

Version 1.0 of the online Medpedia platform was released in beta on Feb 17, 2009. At the time three interrelated collaborative services were operational: 1) a collaborative encyclopedia or knowledge base (a wiki), 2) a Network & Directory for health professionals and organizations, and 3) Communities of Interest where medical professionals and non-professionals can share information.

Outlook Attachment Reminder

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mark.bird - Outlook Attachment Reminder

This Outlook macro will politely remind you to attach a file if it finds the word "attach" in your email and no actual attached file.

Adding a macro to Outlook is easy. Just copy everything at the link below starting with "Private Sub" through "End Sub."In Outlook, select the"Tools | Macro | Visual Basic Editor" menu option. You may need to expand the project by clicking the plus signs under Project1 until you see ThisOutlookSession, and double-click it.Click into the big white empty page and hit Paste.

Click here for the macro.

*** Note: Outlook Express doesn't support macros.

Alltop - Top Law News

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Alltop - Top Law News

Alltop--All the top Legal news is Guy Kawasaki's latest brainstorm; i.e., a sort of super RSS feed of the top news from blogs and other sources on a topic of your choosing. Read the summary, click through to the full piece, and Post to Twitter.

Its harder to describe than to use.


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AlertThingy v3 brings the very latest updates from your favourite social networks direct to your desktop. Plus send Tweets, update your Facebook status, upload photos to Flickr, post to Tumblr and more. With v3 AlertThingy makes it faster and easier to manage the online you. Plus you get an RSS reader.

Now, for business users they have Yammer, Basecamp and Huddle integrations. So you can mix work and play.


Requires Adobe AIR be installed first.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 02/11/09

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People v. Williams, No. 22mem09
The order of the Appellate Division is affirmed where there is no legal reason to upset the court's exercise of its discretion in allowing the prosecution to use prior convictions to impeach a defendant's testimony.


People v. Romeo, No. 7opn09
Reversal of a conviction for manslaughter is affirmed where the People's lengthy post-indictment delay occasioned by delaying their prosecution in favor of a Canadian prosecution violated defendant's constitutional right to a speedy trial.


People v. Taveras, No. 2opn09
Sentence for a criminal sexual act in the third degree and falsifying business records in the first degree is affirmed where the actus reus underlying the crime of criminal sexual act in the third degree does not constitute a "material element" of falsifying business records in the first degree, thus the Appellate Division correctly held that the sentencing court's imposition of consecutive sentences for these crimes was not in error.


People v. Rouse, No. 8mem09
Order of the Appellate Division is reversed and the indictment dismissed where the People did not satisfy their statutory readiness obligation.


In the Matter of the Ancillary Receivership of Reliance Ins. Co., No. ssm2ent09
In an insurance dispute, order of the Appellate Division is affirmed where the Appellate Division did not err in concluding that the insurance company could not rely on an August 1993 letter as the basis to avoid coverage under the claims-made policy.

FDsys beta-Daily Compilation of Presidential Documents

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US Government Printing Office - FDsys - Home

GPO's Federal Digital System (FDsys) provides public access to government information submitted by Congress and Federal agencies and preserved as technology changes.

Federal Digital System (FDsys) is now available as a public beta!

In conjunction with the change of administration on January 20, 2009, the Daily Compilation of Presidential Documents will provide more timely access to Presidential Documents by making materials available in electronic format on a daily basis


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Mainstream media can automatically produce podcast version of their content.

Odiogo converts dynamic web pages into high-quality audio files.
Odiogo uses sophisticated algorithms to filter-out the non-content item (links, legends, ads, etc.) of your web pages. This "cleaned" content is then processed by advanced text-to-speech technology to produce nearly human quality audio output. The files Odiogo produces can be easily uploaded into an iPod/MP3 player, listened to on a mobile phone or played on a PC or Mac.

Yahoo Mail Blog

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About this blog | Yahoo! Mail Blog

This is where you should go to find the latest scoop on Yahoo! Mail product updates, new releases, bug fixes, service enhancements. They cover the Yahoo! Calendar and other features.

This is the place to look for answers before contacting Yahoo! Customer Care.

Chapter 644 of 2008 Session Laws--POA Changes

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The Governor signed legislation January 27, 2009 which substantially changes the General Obligations law with respect to powers of attorney; it is Chapter 644 of the 2008 Session Laws with an effective date of March 1, 2009

The NYSBA Trust and Estate Section put out a notice this week with a link to the new legislation; the link is


Many procedural and substantive changes have been made, such as a substantial gift making rider (SGMR), the agent(s) signing the power, the power to appoint a monitor, execution requirments and the ability of third parties to question the powers.

I believe efforts are being made to change the effective date; if the date is not changed, the Bar needs to educate itself and the clients and general public on this matter to hopefully avoid serious confusion and problems.

Submitted by:

Charles E. Lapp, III
Lapp & Lapp
100 Cedarhurst Avenue
PO Box 435
Cedarhurst, New York 11516-0435
Telephone 516-295-3344
Facsimile 516-295-3460

NYTIMES to Release Article Search API

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The Article Search API

With the Article Search API, you can search New York Times articles from 1981 to today, retrieving headlines, abstracts, lead paragraphs and links to associated multimedia. Along with standard keyword searching, the API also offers faceted searching. The available facets include Times-specific fields such as sections, taxonomic classifiers and controlled vocabulary terms (names of people, organizations and geographic locations).

An "API" is an application programming interface. The API to be released on or about February 20, 2009, will allow developers to integrate search capability into their software using the NYTIMES database of articles.


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T.P. v. Mamaroneck Union Free Sch. Dist., No. 073705

Grant of summary judgment in favor of plaintiff-parents on their claim for reimbursement of educational expenses under the Individuals with Disabilities Education Act is reversed and remanded where: 1) plaintiffs failed to show that defendant-school district's educational plan for their autistic child was improperly determined; and 2) the district court erred in failing to defer to the administrative experts who found that the plan adequately addressed the child's transition into the kindergarten's classroom.

Practice Management and the New York Rules of Professional Conduct

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Find out how the new rules affect your practice

CLE Teleconference
2.0 MCLE Credits in Ethics*
Presented by the Committee on Law Practice Management and the General Practice Section

Tuesday, February 24, 2009
12:00 - 2:00 p.m.
(Eastern Time)


$85.00 for NYSBA Members $125.00 for non-members.

About this Archive

This page is an archive of entries from February 2009 listed from newest to oldest.

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