November 2009 Archives

Top 10 Cross-Platform Apps that Run on Windows, OS X, Linux, and More

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http://buddi.digitalcave.ca/index.jsp - Downloads - Lifehacker

Lifehacker is into its "Top Ten" end of the year mode and keeps the lists and links coming. Too good to pass up.

61 Free Desktop Applications, Webapps, and Tools We're Most Thankful For

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61 Free Apps We're Most Thankful For - Thanksgiving - Lifehacker

Thanks to Lifehacker for putting together this excellent list with links to download each of these free programs.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 11/24/09

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CONSTITUTIONAL LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE

Goldstein v. N.Y. State Urban Dev. Corp., No. 178
In a state constitutional challenge to an eminent domain proceeding, judgment for respondent is affirmed where: 1) it was indisputable that the removal of urban blight is a proper, and, indeed, constitutionally sanctioned, predicate for the exercise of the power of eminent domain and 2) the creation of low income housing was not constitutionally required under article XVIII of the New York constitution as an element of a land use improvement project that did not entail substantial slum clearance.


CONTRACTS, PROPERTY LAW & REAL ESTATE

Riverside S. Planning Corp. v. CRP/Extell Riverside, L.P., No. 171
In a breach of contract action concerning the development of a property, dismissal of the complaint is affirmed where the agreement's sunset clause plainly established that it had expired, at the latest, 10 years after it was executed, meaning that it was of no force or effect when defendant acquired the property at issue.



CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Samandarov, No. 164
Defendant's attempted murder conviction is affirmed where: 1) defendant did not submit enough proof of juror misconduct to warrant a hearing; and 2) the trial court did not abuse its discretion in denying a hearing regarding allegedly suppressed evidence because the sole basis for the hearing was handwritten notes that everyone present at the interviews at issue said never existed.


CRIMINAL LAW & PROCEDURE

People v. Davis, No. 172
Defendant's conviction for sale of a controlled substance is affirmed where criminal possession was not a lesser included offense of criminal sale of a controlled substance, because it was possible to commit the sale crime without committing the possession crime.


INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

Affri v. Basch, No. 159
In a tort action arising out of injuries sustained by plaintiff while working on defendants' property, summary judgment for defendants is affirmed where defendants did not exercise sufficient direction and control over plaintiff's work to overcome the one or two-family dwelling exception found in Labor Law sections 240 and 241.

Apple Safari 4.0.4

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http://www.apple.com/safari/

Not all web browsers are made equal, and this latest iteration of Safari makes that quite clear. This version includes the cover flow feature, which allows users to flip through their site history much like a photo album. Also, the top sites feature creates a preview of favorite websites that‚s viewable as a grid. PC users will appreciate the fact that there's a native look and feel when using Safari. This version is compatible with computers running Windows Vista and XP or Mac OS X 10.5 and newer.

From The Scout Report, Copyright Internet Scout Project 1994-2009. http://scout.wisc.edu/

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 11/23/09

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ADMIRALTY, GOVERNMENT BENEFITS, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

Lee v. Astoria Generating Co., No. 161
In an action for indemnification arising out of an accident that occurred on navigable waters, the Appellate Division's order reversing summary judgment for defendants is reversed where a barge containing an electricity generating turbine is a vessel under 33 U.S.C. section 905(b) of the Longshore and Harbor Workers' Compensation Act, and that provision preempted plaintiff's New York State Labor Law sections 240(1) and 241(6) claims.


ATTORNEY'S FEES, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE

Hargett v. Ticonderoga, No. 169
In petitioner's appeal from an award of attorney's fees to respondent in an Eminent Domain Procedure Law (EDPL) proceeding, the order is affirmed where EDPL section 702(B) provides for reimbursement of attorney's fees and costs when a condemnee successfully challenges a condemnor's authority to acquire real property in proceedings pursuant to EDPL section 207(A).


CIVIL RIGHTS, COMMUNICATIONS LAW, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT CONTRACTS, GOVERNMENT LAW

Walton v. N.Y. State Dept. of Corr. Servs., No. 149
In an action alleging that the portion of a telephone charge for collect calls from inmates that was allocated as a commission to the department of corrections violated the New York Constitution, dismissal of the complaint is affirmed where: 1) the collection of the commission did not constitute a tax; 2) the practice was not a "taking" in the absence of government compulsion; and 3) plaintiffs failed to establish that the commission bore no reasonable relationship to legitimate penological aims.

CONSTITUTIONAL LAW, FAMILY LAW, GOVERNMENT BENEFITS, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW

Godfrey v. Spano, No. 147
In a state constitutional challenge to two directives by executive and county officials that recognize out-of-state same-sex marriages for purposes of public employee health insurance coverage and other benefits, dismissal of the complaint is affirmed where plaintiffs failed to specify a circumstance where taxpayer funds were expended as a result of the executive order at issue that would not have been expended in the absence of the order.


CONTRACTS, CORPORATION & ENTERPRISE LAW, ENTERTAINMENT LAW, EVIDENCE, INJURY AND TORT LAW, M&A, MEDIA LAW

Snyder v. Bronfman, No. 153
In an action to recover the value of plaintiff's services in helping to achieve a corporate acquisition, specifically the acquisition of Warner Music from Time Warner, dismissal of the complaint is affirmed where plaintiff's quantum meruit and unjust enrichment claims were barred by the statute of frauds contained in General Obligations Law section 5-701 (a)(10).


CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Gillyard, No. 168
Defendant's criminal impersonation conviction is affirmed where the trial court erred in admitting evidence of a handcuff key to show familiarity and access to the tools of the charged crime, but the evidence of defendant's guilt was overwhelming.

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING

People v. Colon, No. 162
In an appeal from a denial of defendants' motion under Criminal Procedure Law section 440.10 to vacate their murder convictions, the order is reversed where the prosecutor failed to correct a witness's misleading testimony and, in addition, compounded these errors by repeating and emphasizing the misinformation during summation, and there was a reasonable probability that this affected the jury's verdict.

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Brown, No. 152
Defendant's rape conviction is affirmed where defendant's Sixth Amendment right to confrontation was not violated by the introduction of a DNA report processed by a subcontractor laboratory to the Office of the Chief Medical Examiner (OCME) through the testimony of a forensic biologist from OCME, because the report was not testimonial and therefore was not hearsay.

CRIMINAL LAW & PROCEDURE, SENTENCING

People v. Alemany, No. 150
Defendant's attempted rape sentence is affirmed where a hearing court may assess risk factor points to a defendant under the Sex Offender Registration Act where there was clear and convincing evidence that the defendant was undomiciled and lacked any history of living in shelters or community ties.

More Mortgage Foreclosure Legislation

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On Monday November 16 Governor Patterson and Legislative Leaders jointly announced the passage of Program Bill No. 46 to significantly expand the scope of the mortgage foreclosure legislation enacted in 2008 that pertained to subprime loans.

Also known as S66007/and A40007, the legislation has not yet formally been submitted to the Governor for his signature and assignment of a Chapter Number. However, the delay appears merely procedural rather than over any substantive issue.

You may access the Bill's status, text, a brief summary and the Sponsors' Memos (which contain a longer summary) at http://public.leginfo.state.ny.us/menugetf.cgi . ( note, in some instances you may be required to insert the Bill Number in the second box for Legislative Information, IE, either S66007 or A40007 and then adjust the year in the next box to 2009 before hitting "Search" )

Here are some of the major points covered by the legislation

• Requires the 90-day foreclosure notice currently sent for subprime loans to be expanded to include all home loans. This measure allows additional time for many more homeowners to work with their lender to try to find an affordable solution to prevent unnecessary foreclosures.

• Requires lenders who serve a 90-day notice on a homeowner to within three days of that service make a regulatory filing with the Banking Department with specified information. This regulatory filing will allow the Banking Department and the Division of Housing and Community Renewal (DHCR) to provide targeted assistance to distressed homeowners during the critical pre-foreclosure timeframe and closely monitor foreclosure statistics.

• Expands the scope of early mandatory settlement conferences to include borrowers of all home loans and not just borrowers with subprime loans.

• Establishes protections for tenants in foreclosed properties by requiring that they receive written notification of the change in ownership of the property and be permitted to remain in their home for the remainder of their lease term or 90 days, whichever is longer.

• Requires plaintiffs in a foreclosure action who obtain a judgment of foreclosure and sale to maintain the foreclosed property.

• Prevents brokers who perform distressed property consulting services from accepting upfront fees.

Hat tip to Harry Meyer of the Real Property Law Section for this post

The legislation had the support of New Yorkers for Responsible Lending, a state-wide coalition of 149 non-profit groups http://www.nedap.org/programs/nyrl.html

Judge Blasts Bank's Foreclosure Conduct and Cancels Mortgage

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The New York Law Journal;Free With Registration: Judge Blasts Bank's Foreclosure Conduct and Cancels Mortgage


By Vesselin Mitev
November 23, 2009

A lender's "unconscionable, vexatious and opprobrious" conduct in attempting to foreclose on a Long Island home has prompted a state judge to cancel the mortgage on the property.

IndyMac Bank v. Yano-Horoski, 2005-17926, came before Suffolk County Supreme Court Justice Jeffrey A. Spinner (See Profile)as the result of a state law mandating pre-foreclosure settlement conferences between lenders and borrowers of subprime, or high-cost, home loans (NYLJ, Nov. 18).

Tweetwally

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A place to display only the tweets you’re interested in from everywhere on Twitter, use it to track hashtags, usernames, and keywords. URL: Tweetwally

A tweetwall lets you display only the tweets you’re interested in from everywhere on Twitter, use it to track hashtags, usernames, and keywords. The possibilities are up to you.

To get started, choose a hashtag, username, or keyword. You can filter the results further and customize your Tweetwall on the next screen.

Share your tweetwall with the world! Embed it in your site, or direct viewers to your own Tweetwally URL.

Hat tip to Emily Chang at ehub

Snow Leopard Update for ScanSnap

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Snow Leopard Update for ScanSnap : FUJITSU United States


Fujitsu announces ScanSnap Mac OS X v10.6 Snow Leopard Update for ScanSnap S1500M, S300M, S510M, and S500M.
Updating select ScanSnap models listed above is a two part process. The first update restores features associated with ScanSnap Manager and the second update restores features associated with FineReader for ScanSnap.
Note: These updates are for compatibility with Snow Leopard only. If you are using an earlier Mac OS, do not install these updates.

Click here for update.

Bridging the DiGital Divide: A New Vendor in Town? Google Scholar Now Includes Case Law | LLRX.com

By John J. DiGilio, Published on November 18, 2009

...Searching for case law on Google is simple and versatile. You can search by case name, topic, or even phrase (“separate but equal” is the example they use). All you need to do is go to Google Scholar (http://scholar.google.com) and click the new radio button for “Legal opinions and journals”.

...

Google Scholar includes “opinions for US state appellate and supreme court cases since 1950, US federal district, appellate, tax and bankruptcy courts since 1923 and US Supreme Court cases since 1791”. Many will point out that this is limited in comparison to most major legal information vendors. However, considering that searching and reading case law on Google is free, it is doubtful many will complain.

***

Read full review at LLRX.com

The Complete Guide to Google Wave

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The Complete Guide to Google Wave: How to Use Google Wave

The Complete Guide to Google Wave is a comprehensive user manual by Gina Trapani with Adam Pash.
Google Wave is a new web-based collaboration tool that's notoriously difficult to understand. This guide will help. Here you'll learn how to use Google Wave to get things done with your group. Because Wave is such a new product that's evolving quickly, this guidebook is a work in progress that will update in concert with Wave as it grows and changes. Read more about The Complete Guide to Google Wave, and follow them on Twitter for updates and Wave tips.

Musical Interlude: A NEW CBC RADIO 2

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CBC Radio 2 - Your National Music Network


On September 2, Canadians woke up to the sound of an all new Canadian adult music network as CBC Radio 2 launched a revitalized schedule, including four new programs and four new genre-specific online music channels.

If you haven't heard CBC Radio 2, here's your chance. Listen to a revitalized Radio 2, presenting four new specialty CBC online music channels, along with a new Radio Player designed to showcase the best that Radio 2 has to offer.

Now Jazz aficionados can discover the next Oscar Peterson by listening to the CBC Jazz channel, while those of you hunting for tomorrow's Feist can connect to a channel that is all Canadian Songwriters, all the time.

For the die-hard Classical fans in the audience, there are two new online channels to visit: one showcasing all of the Classical music you've come to expect from Radio 2, and a Canadian Composers channel, featuring more Classical music, but with a contemporary twist.

Listen to new Classical, Jazz, Canadian Songwriters and Canadian Composed channels, and start exploring the diversity and breadth of, adult, Canadian music.

Radio 2 offers the option of listening on your own player. My personal favourite is Jazz:

http://icy1.abacast.com/cbc-jazzhi-192.m3u


OpenOffice.org 3.0.1 released

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OpenOffice.org - The Free and Open Productivity Suite

On October 28th. 2009, the one hundred millionth person clicked on the Download OpenOffice.org button since version 3.0 of the software was announced just over one year ago.

Compatible with other major office suites, OpenOffice.org is free to download, use, and distribute. Download it now, and get:
Writer – a word processor you can use for anything from writing a quick letter to producing an entire book.
Calc – a powerful spreadsheet with all the tools you need to calculate, analyse, and present your data in numerical reports or sizzling graphics.
Impress – the fastest, most powerful way to create effective multimedia presentations.
Draw – lets you produce everything from simple diagrams to dynamic 3D illustrations.
Base – lets you manipulate databases seamlessly. Create and modify tables, forms, queries, and reports, all from within OpenOffice.org
Math – lets you create mathematical equations with a graphic user interface or by directly typing your formulas into the equation editor.

OpenOffice.org is free software
you may download OpenOffice.org completely free of any licence fees
install it on as many PCs as you like...use it for any purpose - private, educational, government and public administration, commercial...pass on copies free of charge to family, friends, students, employees, etc.

The Sourcebook of Criminal Justice Statistics Online

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Sourcebook of Criminal Justice Statistics Online [Last reviewed in the Scout Report on October 22, 1999]


The Sourcebook of Criminal Justice Statistics Online is frequently updated, and is maintained by the United States Department of Justice and the Bureau of Justice Statistics. The site offers over 1000 tables of data from over 100 sources. An interesting and multi-perspective approach to measuring the level of crime can be found in section number three, which is titled "Crime, Victims", and it resides on the left hand side of the homepage. It offers statistics about the frequency of various crimes by presenting data from victimization surveys, and officially recorded offenses. Visitors interested in printing the text, tables, or both, of each section, can download them via a link in each section that immediately precedes the list of the topics of that section. The "Archive" link in the menu across the top of the page, allows visitors to download complete editions of the Sourcebook, going back to 1994. Each section of the books can be downloaded separately, or the entire book for that year can be downloaded as a zip file

***
From The Scout Report, Copyright Internet Scout Project 1994-2009. http://scout.wisc.edu/

Firefox 3.6 Beta 2 Available for Download

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Download for Windows/Mac/Linux: Less than two weeks after they released the first beta, Mozilla is back with Firefox 3.6 beta 2. This release includes over 190 bug fixes from beta 1, in addition to the already existing performance boosts and support for one-click themes.
***
Hat tip to LifeHacker. Free Subscription here.

FINDLAW:Daily Opinion Summaries for U.S. Supreme Court -11/09/09

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CRIMINAL LAW & PROCEDURE, ETHICS & PROFESSIONAL RESPONSIBILITY, HABEAS CORPUS, PER CURIAM

Bobby v. Van Hook, No. 09–144
In a capital habeas matter, a circuit court of appeals' grant of the petition on the basis that petitioner's lawyers performed deficiently in investigating and presenting mitigating evidence is reversed where: 1) the court of appeals applied 2003 ABA Professional Guidelines to defense counsel's conduct at a trial that took place in 1985; and 2) counsel's performance at the trial was not deficient under the standards in place at the time

Opera 10 Browser

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Opera Browser | Faster & safer Internet | Free Download

The Opera 10 Web browser showcases a sleek design coupled with new Opera Turbo technology, which keeps Web pages loading quickly even if your connection slows down. Download Opera 10, it is completely free.

NYS Senate: Open Legislation

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Open Legislation is a Google-like search engine where you can find bills, roll call votes and all of the key information about legislation going through the New York State Senate.You may also comment on the legislation.

Ex-NYPD Commissioner Pleads Guilty to Federal Charges

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U.S. V. BERNARD KERIK
(U.S. Dist. Ct., S.D.N.Y., Nov. 5, 2009) - Former NYPD Police Commissioner Bernard Kerik pleaded guilty today in federal court in a case accusing him of criminal conspiracy, tax fraud, making a host of false statements to both federal agents and New York City investigators, and lying on a loan application for his New York City apartment.

The Government Domain: A Handful of Classics

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LLRX.com | Legal and Technology Articles and Resources for Librarians, Lawyers and Law Firms


Peggy Garvin has updated her directory of useful government information resources online, the e-Government and Web Directory: U.S. Federal Government Online $65.00. Her research has found that federal web sites do not change as rapidly as users believe. The content on these sites is dynamic, constantly being refreshed and redesigned. However, the sites themselves, the ones that represent so much of the work of the federal government and are selected for inclusion in the book, are fairly stable.

***

From our friendly law librarians at llrx.om.

Toshiba Satellite 17 inch laptop for $389

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Toshiba Satellite L355-S7915 Celeron 900 2.2GHz 3GB 250GB DVD/RW DL 17" Vista Home Basic Toshiba PSLD8U-0U9033B Satellite L355-S7915.

This Toshiba 17 inch laptop with a 250 GB drive, and Vista Home Premium, and 3 Gigabytes of memory is on sale at Computergeeks.com for under $400. It has a Celeron processor and, for another $119, you can upgrade it to Windows 7. Under $500 and a lot of computer for the money, even if it is refurbished.

***

Hat tip to Futurelawyer.

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

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