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| December 2006 |
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COMMENTARY - Schiavo Tangled Web Entangles JQC
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Six of the 15 members are judges.
Three have connections to Pinellas County.
Two members have direct ties to the Sixth Judicial Court and Judge George W. Greer.
One member is a judge on the 2nd District Court of Appeals, the court which upheld every Greer decision in the Terri Schindler Schiavo case.
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Bob Schindler Stable, Begins Rehab
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ST. PETERSBURG, FLA---Robert Schindler Sr., father of the late Terri Schindler-Schiavo, has been transferred to a rehabilitation center is now undergoing therapy after suffering several mild strokes.
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Schenectady CO Sues For False Arrest, Malicious Prosecution
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SCHENECTADY----A Schenectady County corrections officer has filed a federal claim against Schenectady County sheriff Harry Buffardi and other police officers, claiming that they falsely arrested and maliciously prosecuted her because they believed that her brother, wanted by police, was in her house.
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Police: Idaho Mayor Used City Computer For Porn
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BOVILL, IDAHO---The mayor of Bovill, a small city of 305 people located in northern Idaho, has been charged with using the city's computer to view pornography.
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Bruno's Top Legal Advisor Quits
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ALBANY---In the wake of the disclosure that Senate Majority Leader Joseph Bruno (R-Brunswick) is under investigation by the FBI regarding his business dealings and his relationship with businessman Jared Abbruzzese, Bruno's long time legal advisor has suddenly retired.
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Man Charged With Trying To Steal Swank Hotel
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NEW YORK---A Brooklyn man faces up to 15 years in prison for allegedly trying to steal one of the city's finest hotels.
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COMMENTARY - Schiavo Claims Warrant Forensic Accountant
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Another day, another lie.
Too many times Michael Schiavo has tried to explain away his conflicting stories regarding important issues concerning the incapacitating brain injury incurred by his wife by saving he has a bad memory.
In some circles, it's called self-decit; in others, it's a symptom of being a pathological liar.
The noun self-deceit has but one meaning: a misconception that is favorable to the person who holds it.
Figures won't lie but liars will figure and in the Schiavo case, there's little doubt that figures, monetary figures and greed, is what the case was really all about. Michael Schiavo just didn't figure it would take so long to kill his wife.
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NYS Ranks Auto Insurance Complaints
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ALBANY---The New York State Insurance Department's 2006 Annual Ranking of Automobile Insurance Complaints, a document which helps consumers compare automobile insurers based on their level of customer service, has been released.
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DEC Awards Grants For Hazardous Household Waste Disposal
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ALBANY---Nearly $2.4 million in grants to 21 municipalities and solid waste authorities to promote the collection and proper disposal of household hazardous wastes have been awarded by the NYS Department of Environmental Conservation. The grant funding is provided from the New York State Environmental Protection Fund (EPF).
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Florida AHCA Reports On Medicaid Fraud Prevention
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TALLAHASSEE-The Florida Agency for Health Care Administration (AHCA),
together with the Office of the Attorney General, has released the state's annual report on Medicaid fraud and abuse.
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Three Indicted For Stealing Cancer Victim's House
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BROOKLYN-Three Brooklyn men have been indicted on charges of stealing the home of an elderly Brooklyn woman while she was dying of cancer.
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MetLife Settles Claim of Deceptive Practices
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ALBANY---Metropolitan Life Insurance Company, the largest group life insurer in the nation, has finalized an agreement with the state Attorney General's office to settle allegations of deceptive practices in the sale of group insurance products.
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AG Sues Rochester School Consultants
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ROCHESTER----The state Attorney General's office has initiated a lawsuit against several consultants that allegedly defrauded the Rochester City School District and the former school district official who aided them.
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State Fines Allstate $1.25 Million
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NEW YORK--Allstate Life Insurance Company of New York has been fined $1.25 million for failing to comply with state Insurance Department regulations intended to protect consumers buying replacement life insurance policies and annuity contracts. The company has begun to implement a remediation plan and expects to pay out approximately $17 million in restitution to about 6,500 current and former customers under the plan.
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Perspectives - Judicial Immunity Not Absolute
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Warren County Court Judge John S. Hall is an icon.
No, not one which personifies reverence and respect, more like the buffoon-type.
He's quickly become known as a judge who is rendering decisions with total disregard for the Constitution and ignorance of even basic concepts of law.
John S. Hall personifies every favorable argument against judicial immunity.
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No Oath, No Office
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It's not just a technicality as many had claimed.
When the North Country Gazette and the NYS Oaths Project conducted a survey of judges statewide during 2003 and 2004, it was learned that over 90% of individuals claiming judicial office had never taken and filed their oaths of office and bonds as required by law.
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Minimum Wage Hike, New Laws Take Effect Jan. 1
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ALBANY---Tax credits and reductions that will save New York families and businesses almost $1 billion, an increase in the minimum wage, and procedures to cut down on Medicaid fraud highlight the list of new state laws that will take effect on Jan. 1, 2007.
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Senate Proposes Property Tax Relief Plan
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ALBANY---The New York State Senate has announced a three part plan to significantly expand the Senate-initiated property tax relief rebate program to provide $2.6 billion in property tax relief this year and $3.4 billion in 2008.
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NYC Joins State's Pilot Medicaid Fraud Project
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NEW YORK---New York City has become an active partner with the State of New York in the State's pilot Medicaid Fraud, Waste and Abuse Demonstration Project, designed to empower localities, primarily counties, to join with the State to increase vigilance over the Medicaid program.
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Binghamton To Host 2008 Empire State Games
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BINGHAMTON-- The 2008 Governor Hugh L. Carey Empire State Games will be held in Binghamton from July 23 - July 27, 2008, Gov. George Pataki has announced. The event will mark the 31st celebration of the Summer Games, one of the largest amateur state-sponsored athletic programs in the nation. The Games have been held in Binghamton twice previously, in 2000 and 2004.
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Doctor Pleads Guilty To Life Insurance Fraud
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MIAMI---A Miami Beach medical doctor, once associated with Mutual Benefits Corp., has admitted to securities fraud in connect with his role in a viatical and life settlement scheme in which 28,000 investors lost approximately $956 million.
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AG Seeks Removal Of Two Brooklyn Nursing Home Chiefs
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BROOKLYN---The state Attorney General's office has filed a lawsuit seeking the removal of the CEO of the Marcus Garvey Nursing Home, Inc. and the administrator of Ruby Weston Manor, two not-for-profit nursing homes in Brooklyn. The Attorney General's lawsuit also seeks rescission and restitution of excessive compensation paid to Ruby Weston from her positions as a board member and her son, Earl Weston, who was a computer consultant to both facilities and repayment by Weston of interest on unauthorized loans.
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Schiavo Memorial Planned
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Contributions are still being received for a national memorial to the life and legacy of Terri Schindler Schiavo.
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Inside The First Amendment By Gene Policinski
First Amendment Center Executive Director
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Editor's note: Gene Policinski is substituting for Paul McMasters for this week's column.
How will Americans' five basic freedoms - religion, speech, press, assembly and petition - fare in 2007? No answers here; just some of the questions we all should consider.
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Brooklyn Adult Care Facility Settles State Claim
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BROOKLYN---The former operators of Seaport Manor Home for Adults, an adult care facility have settled a lawsuit with the state Attorney General's office for failing to provide for the health, safety and welfare of the residents, while forcing them to live in deplorable conditions.
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EDITORIAL - New Year, New Hope
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As we near the end of the calendar year, the "staff" at The North Country Gazette expresses our sincere gratitude for your readership and for the phenomenal growth NCG has experienced.
As we embark upon a New Year, we find ourselves proud of what has been, what we have accomplished with your help and look forward to what will be in year ahead.
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School Audits Find Improvements, 180 Underway
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ALBANY---New York State school districts have made considerable improvements to their financial practices in the last two years, according to a report issued by the New York State Comptroller's office. The 2006 Annual Report on the School Accountability Initiative summarizes the findings of 83 school audits completed in 2006, as well as identifies areas where auditors found systemic problems in schools, such as high-level administrators being paid for benefits to which they were not entitled to, weak controls over information technology, and poor auditing of expenses claims, among other issues.
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Brooklyn Men Charged With Christmas Day Church Burglary
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QUEENS---Two Brooklyn men have been arrested and charged with breaking into Saint Mel's Church in Flushing on Christmas Day and stealing $20,000 in charitable donations which were intended to be distributed to the poor and needy.
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Gambling, Marijuana Operation Shut Down
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SUFFOLK COUNTY---Fourteen defendants have been arrested for promoting gambling, and four men for conspiracy to possess marijuana following a 14-month investigation by the Suffolk County district attorney's office.
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Clinton Judge Resigns During Misconduct Probe
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CLINTON----Facing charges that he attempted to have the case of a family member steered to a particular judge, Clinton Town Justice Daniel L. LaClair has resigned and agreed to never seek or accept judicial office in the future.
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Convicted Illinois Governor Sues To Keep Pension
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CHICAGO---Last month, a federal appeals court ruled that former Illinois governor George Ryan can stay out of prison while he appeals his convictions of racketeering and fraud.
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Amicus Curiae Briefs Filed In Prison Phone Appeal
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NEW YORK---Over 50 individuals, 38 organizations and 15 elected officials have moved for permission to file "friend of the court" briefs with the Court of Appeals in support of the pending appeal by the friends, family members, and attorneys of New York State Prisoners. CCR also filed the reply brief in the case, Walton v. New York State Department of Correctional Services, completing the parties' briefing schedule before the high court.
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COMMENTARY - Schiavo Attorney Advances "Dispute Resolution" Service
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Just when you think you've heard it all, along comes Constance d'Angelis.
Or McCaughey.
Or Felos.
Or whatever name she's using at the moment.
The one thing that remains constant is her attempted exploitation of Terri Schindler Schiavo.
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Prosecutors: Attorney Fleeced Cousin In Real Estate Deal
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WHITE PLAINS---A Connecticut woman who is a practicing attorney in White Plains faces charges of second degree grand larceny for allegedly stealing money from her cousin.
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Entercom Settles Pay-For-Play Claim
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ALBANY---The state Attorney General's office has announced a settlement with Entercom Communications and six of its subsidiaries to resolve allegations of "pay-for-play" in the music industry.
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Telemarketers Profit More Than Charities
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ALBANY---A report issued by the state Attorney General's office reveals that, on average, only a little over a third of the money raised by telemarketing campaigns goes to charity while the balance is used to pay fees and expenses associated with the fundraising.
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Pataki Makes Judicial Appointments
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ALBANY---In the final days of his tenure, Gov. George E. Pataki has made sure vacancies in the Appellate Divisions of state Supreme Court are filled by Republicans instead of allowing Governor-elect and Democrat Eliot Spitzer fill the judicial seats.
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Court Reprimands Ohio Gov. Taft For Ethics Violations
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COLUMBUS, OHIO---Outgoing Republican Gov. Robert A. Taft II was publicly reprimanded by the Supreme Court of Ohio Wednesday for violations of the Code of Professional Responsibility arising from the conduct that resulted in his misdemeanor criminal convictions for failure to report gifts he received on his annual financial disclosure statements.
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Greene County Sheriff's License Suspended
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CATSKILL---Greene County Sheriff Richard Hussey won't be driving to and from work during the next six months and he's learned firsthand about the consequences of refusing a sobriety test.
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California Judge Barred From Assignments
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ORANGE COUNTY, CA---Although Orange County Superior Court Judge Susanne Shaw retired from the bench on Sept. 30, the California Commission on Judicial Performance has censured the former judge, the maximum sanction possible for a former judge and barred her from receiving an assignment, appointment or reference of work from any California state court.
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Woman Impersonates Attorney For Sex With Inmate
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BALTIMORE---A Baltimore attorney, on maternity leave from her law firm where she specializes in injury cases, was shocked earlier this month when she received a letter advising her she had been banned from a state prison for having sex with an inmate.
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COMMENTARY - Blogs, Forums Not Immune From Legal Liability
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With the popularity of the computer, blogs have exploded on the scene with people creating online journals and diaries. While most blogs usually provide commentary or news on a particular subject, some blogs serve as personal diaries and allow unmonitored comments on those blogs.
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Sheriff's Appointments Contrary To Civil Service Law
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QUEENSBURY---Civil Service Law provides that no provisional appointment may continue for more than nine months.
Warren County Sheriff Larry J. Cleveland is at it again.
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Cardinal Agrees To Improve Drug Trading Practices
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ALBANY---Cardinal Health Inc. has reached an agreement with the state Attorney General's office to improve the safety and security of practices in the trading of prescription pharmaceuticals among wholesalers.
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Paving Contractors Plead To Bid Rigging
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SUFFOLK COUNTY---Three of Long Island's largest asphalt producers and road paving contractors pleaded guilty Tuesday to federal mail fraud charges in connection with a bid rigging scheme against Suffolk County and the Town of Brookhaven.
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Drug Charges Against Schenectady Doctor Reduced
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SCHENECTADY---Prosecutors have reduced the charges against a Schenectady doctor, known for making house calls, who was arrested in June for operating what authorities then labeled a mobile pharmacy.
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EXCLUSIVE - Rush To Judgment: Tanika Dickson Deserves Clemency
By June Maxam
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SCHENECTADY---Six years ago this week, a young black mother of two sons, entered Casey's Bar in Schenectady with some friends for a Christmas Party.
She hasn't been home since.
A short time later, she was under arrest, charged with the stabbing of a bar patron, a known alcoholic and drug user, who had been drinking at the bar for more than 12 hours that day and had engaged in racially motivated harassment of the young mother, repeatedly calling her the "N" word and attempting to block her passage when she tried to leave the bar.
Was it self defense, extreme emotional disturbance, were there mitigating circumstances? Was there a rush to judgment in the Tanika Dickson case by the Schenectady Police Department and district attorney's office whose only thought may have been to seek to avenge the death of a white police officer's brother by overzealously prosecuting a black defendant?
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COMMENTARY - The Twilight Zone
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There is a fifth dimension beyond that which is known to man. It is a dimension as vast as space and as timeless as infinity. It is the middle ground between light and shadow, between science and superstition, and it lies between the pit of man's fears and the summit of his knowledge. This is the dimension of imagination. It is an area which we call "The Twilight Zone".
Florida has crossed over into the Twilight Zone.
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Op-Ed
The War On Christians---Point By Barbara Weller
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In regard to Charles Haynes column published Friday, Dec. 22, "The Real 'War on Christians', I wish that you could sit in on my phone calls every day at the Christian Law Association if you think there is no war on Christmas or Christians in America today.
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Op-Ed
The War On Christians---Counterpoint By Charles C. Haynes
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In regard to Mrs. Weller's comments, I am astonished at the statement "Christians are not regularly put in jail in this country." Give me one example of a Christian who has been jailed in the United States for being a Christian! As for public schools, I agree that some school administrators and teachers violate the religious-liberty rights of students, mostly out of a misunderstanding of the First Amendment. But Christian students are treated fairly in the vast majority of public schools. I know, because I spend a great deal of time working in public schools. In fact, there is more student religious expression in public schools today than at any time since the early 20th century. There are hundreds, if not thousands, of Christian clubs (thanks to the Equal Access Act of 1984). Students are praying around the flagpole and in many other places, giving out religious literature, sharing their faith with classmates etc. etc. Where has Barbara Weller been? The other examples of discrimination are wildly exaggerated. Again, give me examples.
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Comptroller Hevesi Pleads Guilty To Defrauding State, Resigns
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ALBANY----Apologizing to the voters and his family, state comptroller Alan Hevesi resigned from office Friday and pleaded guilty to defrauding the government for his use of state employees to act as drivers and companions for his wife in a scandal which became known as "Chauffeurgate".
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10 Most Wanted Corrupt Politicians Named
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WASHINGTON, DC---Judicial Watch, the public interest group that investigates and prosecutes government corruption, has released its 2006 list of Washington's "Ten Most Wanted Corrupt Politicians." The list, in alphabetical order, includes:
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Boston Cop Admits To Violating Rights Of Female
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BOSTON, MA---A Boston police officer had pleaded guilty to violating the civil rights of an unnamed female victim.
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Couple Convicted For Caging Kids
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NORWALK, OHIO---Following a three week trial, a couple were found guilty of four felony counts of child endangering, two misdemeanor counts of child endangering and five misdemeanor counts of child abuse for forcing some of their 11-disabled children to sleep in cages.
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University Of Miami Settles Medicare Billing Claim
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MIAMI---The University of Miami has entered into a civil settlement with the federal government relating to medical services rendered at Jackson Memorial Hospital by physicians working at the University of Miami's teaching hospital, providing for a payment to the government of over $2.27 million.
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Pharmacist Admits To Insurance Scams
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WESTCHESTER---A Westchester pharmacist has pleaded guilty to counts of first degree grand larceny in connection with multiple insurance fraud scams.
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Lawyers Plead To Paying Runner For Case Referral
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MANHATTAN---Two personal injury lawyers have pleaded guilty to participating in a scheme in which they illegally paid a runner for referring cases to their firm and then lied on forms filed with the New York State Office of Court Administration to conceal their criminal activities.
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40 States Seal Agreement With SONY For Hidden Software
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ALBANY--- New York and 39 other states have reached a settlement with Sony BMG over the distribution of hidden anti-copying software programs through audio CDs.
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NY Enacts Mental Parity Law
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ALBANY---Timothy's Law, which will require insurance companies to provide coverage for individuals with mental illnesses, was signed into law Friday by Gov. George E. Pataki.
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Commercial Fisherman Nabbed Again For Illegal Catch
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QUEENS---A local commercial fisherman arrested earlier this month for illegally fishing in local waters has been charged yet again with violating various New York State laws and regulations pertaining to fishing, including illegally taking fish from banned waters, fishing without a license and possessing undersized fish.
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Bob Schindler Hospitalized
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ST. PETERSBURG, FLA---Robert Schindler Sr., father of the late Terri Schindler Schiavo, has been hospitalized after suffering a mild stroke this past weekend, The North Country Gazette has learned. He is resting comfortably and is expected to make a complete recovery.
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Inside The First Amendment - The Real "War On Christians" By Charles C. Haynes
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Culture warriors loudly proclaim that Christianity is under siege in the United States: Christmas wars, Bible wars, school wars - all part of a great "war on Christians."
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Counties Deficient In 911 Technology For Cell Phones
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ALBANY--- Fifteen counties across New York still do not have enhanced wireless 911 (E911) systems that allow emergency call centers to pinpoint the location of cell phone callers, despite the fact that State funding to support the enhanced service has been available for nearly four years, according to an audit issued by the state comptroller's office.
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Humane Society Targets Fois Gras Farm's Manure Lagoon
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WASHINGTON---The Humane Society of the United States filed notice this week of its intent to file suit against Hudson Valley Foie Gras, a foie gras factory farm near Ferndale, NY, for alleged violations of the Clean Water Act. The facility, which constitutes a Concentrated Animal Feed Operation under federal regulations, confines approximately 250,000 ducks annually. Over the past year, Hudson Valley has violated several provisions of its Clean Water Act permit by operating a manure lagoon without the state's approval, discharging wastes to a nearby pond and failing to have an emergency action plan, HSUS says.
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Couple Indicted For Stealing Home Of Holocaust Survivor
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BROOKLYN---A married couple has been indicted for stealing total ownership of a home they co-owned with an elderly Holocaust survivor and his wife who narrowly escaped Hitler's Germany in 1938.
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Embattled Comptroller Hevesi Resignation Likely Friday
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ALBANY----Friday is likely to be Alan Hevesi's last day at New York's state comptroller even though he won a new four year term at the polls in November.
Sources have indicated that the Queens Democrat will resign his position Friday in order to avoid being indicted by an Albany County Grand Jury for using state employees to chauffeur his ailing wife for three years.
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Sen. Bruno Subject Of FBI Investigation
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ALBANY----The man poised to become the most powerful Republican in the state in January is being investigated by the FBI.
After learning that someone had leaked information concerning the federal inquiry to the media, Senate Majority Leader Joseph Bruno (R-Brunswick) called a late afternoon news conference Wednesday to confirm that the FBI is probing him and his private consulting company, Capital Business Consultants LLC which he operates out of his Troy home in Rensselaer County.
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State Debt Burden Projected To Grow 33% In 5 Years
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ALBANY---The large amounts of debt issued over the last 12 years will play a significant role in budget development during the new administration, with State-funded debt projected to grow by one-third to nearly $65 billion over the next five years, according to a report issued Wednesday by State Comptroller Alan Hevesi. Debt service alone in 2011 will grow to more than $7 billion from $4.3 billion this year.
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Bucky Phillips Sentenced To Life Without Parole
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ELMIRA---Ralph "Bucky" Phillips was sentenced to prison for 40 years to life Wednesday for shooting state trooper Sean Brown in June during a traffic stop, a shooting which triggered the largest ever statewide manhunt for Phillips and ultimately resulted in the shooting of two more troopers in August before Phillips was apprehended in September in a cornfield near the Pennsylvania-New York border.
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Probation Officer Faces New Sex Charges
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GLENS FALLS---The former Warren County probation officer who has been charged with sexually abusing two teenage boys at his Glens Falls home has now been charged with felony first degree sexual abuse involving another alleged victim.
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Nail Salon Receptionist Charged With Customer Rape
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QUEENSBURY---A receptionist at an Aviation Mall nail salon has been charged with having sex with two underaged female customers.
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Ethan Allen Grand Jury Extended
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QUEENSBURY----The grand jury empaneled to hear testimony surrounding the capsizing of the Ethan Allen tour boat on Lake George last October has extended its term.
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Penis Pump Judge Wants Pension Restored
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TULSA, OK---Convicted penis pump judge Donald Thompson thinks he should collect his $7,789 a month pension even though he's sitting in prison, serving his sentence for masturbating while presiding over jury trials including a murder case.
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Ohio Whistleblower Gets 8 Years For Criticizing Judge
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CLEVELAND---Government critic and judicial whistleblower Elsebeth Baumgartner has been sentenced to eight years in prison for writing e-mails to a 76-year-old retired visiting judge who is still sitting on the bench adjudicating matters although the Ohio Constitution mandated his removal from the bench when he reached age 70.
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States Sue EPA Over Soot Standards
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ALBANY---The state Attorney General's office has joined in a multi-state lawsuit against the federal government for failing to mandate lower levels of disease-causing soot in the air.
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US Retreats From ACLU Subpoena Demanding Document
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NEW YORK - One week after the American Civil Liberties Union moved to quash an unprecedented government grand jury subpoena demanding "any and all copies" of a previously "secret" memorandum, the government backed down from the fight, asking a judge to withdraw the subpoena and saying that the document in question has been declassified.
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First Steel Columns For Freedom Tower Placed
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NEW YORK---The first steel columns for the Freedom Tower are now in place as construction on the tower continues. The columns were produced in Luxembourg and fabricated in Lynchburg, Virginia. The Freedom Tower was designed by David Childs and is one of the signature elements of the Libeskind Master Plan, all of which are currently under construction on the World Trade Center site.
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United Healthcare Must Reimburse Consumers
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ALBANY---Under a settlement reached with the state Attorney General's office, United Healthcare will be required to stop providing misleading information to its policyholders and to provide restitution to consumers.
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