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| November 2005 |
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| EXCLUSIVE - Prosecutor Acting As Judge's Attorney In Ohio Case---But "No Bias"
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CUYAHOGA COUNTY, OHIO---Judge Shirley Strickland Safford isn't biased against Erie Voices blogger Elsebeth Baumgartner.
She said so.
And there isn't any prejudice or wrongdoing in the case on the part of the People and the court---according to them.
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| JUSTICE FOR ALL OR JUSTICE FOR SALE
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CLEARWATER---Did you know that a judge can enter a judgment for several thousand dollars against you without you even being made a party to a lawsuit?
Did you know that a judge can bring baseless criminal charges against you, have you arrested, and bring you before him to be tried without a jury?
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| Pinellas Judge Crockett Farnell No Stranger To Recusal Motions
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CLEARWATER, FLA--Sixth Circuit Court Judge Crockett Farnell finally removed himself from the case of Tampa attorney Mark A. Adams last December, 2004 after at least 10 attempts by Adams to remove Farnell for bias.
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| Geisel Sex Partner Appears On "Inside Edition"
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COLONIE---Teacher Sex Exclusive, the headlines screamed on the promo for Inside Edition's show on Tuesday.
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| Tree Lighting Sunday Kicks Off Season
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ALBANY---Lt. Governor Mary Donohue will kick-off another festive holiday season in New York State on Sunday, Dec. 4 at the 2005 Holiday Tree Lighting and Fireworks Festival. This holiday tradition will take place at the Empire State Plaza in Albany. The festivities will get underway at 2 p.m., with activities inside and out, commencing with the official lighting of the trees at 5:15 p.m., followed by a spectacular fireworks show.
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| PEF Aiding Families of Parolees
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ALBANY-- Members of the New York State Public Employees Federation (PEF) will continue a holiday tradition of making this season a little brighter for needy families and children by fulfilling wish lists. Union members and their families will wrap gifts and assemble holiday baskets of food for the families of parolees who have demonstrated an honest effort to transition back into the community as responsible, law-abiding citizens.
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| RICO Arrests In Clearwater
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CLEARWATER, FLA--A two and a half year long investigation by the Florida Department of Law Enforcement (FDLE) in Clearwater has resulted in racketeering charges for two Pinellas County men.
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| Tedisco Named Assembly Minority Leader
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ALBANY--- Assemblyman James Tedisco (R,C,I Schenectady-Saratoga) was unanimously elected the new Assembly Minority Leader Tuesday and pledged that he will be "more aggressive" than his predecessor, Charles Nesbitt of Orleans County.
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| State Judiciary Budget Hearing Topic
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NEW YORK CITY---Is the 2005-6 Judiciary Budget meeting the needs of the citizens of New York State for the efficient, timely, and fair administration of justice?
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| PERSPECTIVES - Sheriff Cleveland's Power Play Losing Steam
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Larry Cleveland became the sheriff of Warren County when the previous sheriff, Fred Lamy, was appointed to the state Commission on Corrections by Gov. George Pataki.
However, the word circulating is that there won't be any state job for Cleveland.
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| Supreme Court Rules In Favor Of Sandwich Board
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SAN FRANCISCO---Standing outside a post office for 100 hours wearing a sandwich board that read "I have stolen mail. This is my punishment" is not cruel and unusual punishment, the U.S. Supreme Court has ruled.
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| Contempt Charges Against Tampa Attorney Dismissed
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CLEARWATER, FLA----Indirect contempt charges filed against Tampa attorney Mark A. Adams were dismissed Monday by Sixth Judicial Circuit Court Judge Robert Beach but on Thursday, Adams begins trial in Hillsborough County on ethics charges brought against him by the Florida Bar Association. If found guilty, Adams license to practice law could be revoked.
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Op-Ed - Look At Him Strut By Carrie Hutchens
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I still have a visual of George Felos smiling and strutting so proudly as Terri Schiavo -- the delicate soul -- experienced death on demand. Death on demand, the movement that appears to be taking over the once sane, intelligent and informed citizenry of the United States. The citizenry that appears to now be willing to give up its defective to prove it's evolution into the cold hard thinking of pure logic -- the Rule of Law as some call it. However, the questions become...
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| Settlement Reached In Florida Bribery Case
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TALLAHASSEE - The Florida Attorney General's office has recovered $1.2 million for Florida taxpayers through a settlement in a case that involved telemarketing fraud, kickbacks and the bribery of government employees. Those who carried out the scheme have already faced individual criminal charges.
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| Attorney, Law Firm Charged In Phony Insurance Claims
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QUEENS---The indictment of eight people and one law firm for their roles in a criminal enterprise that submitted phony personal injury claims to insurance carriers has been announced by the state attorney general's office and Howard Mills, state insurance superintendent.
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| Children's Lunch Boxes Containing Lead Recalled
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ALBANY--A series of efforts to protect the public and the environment from exposure to lead contained in certain children's lunch boxes has been launched by the state Attorney General's office.
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| DEC Hearing On Open Space Plan In Saratoga Springs
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The recently released 2005 Draft Open Space Conservation Plan will be subject of a public hearing Wednesday, Nov. 30 at the Office of Parks, Recreation and Historic Preservation regional office in Saratoga Springs.
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| Florida AG Warns Of Bogus FBI Email With Virus
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TALLAHASSEE - The attorney general's office has warned Floridians of a rapidly spreading electronic mail scam that tries to deceive recipients into believing a message is from the Federal Bureau of Investigation (FBI). Those receiving the email are told that the FBI has monitored their internet use and determined that they are guilty of accessing illegal websites.
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| NYPD Photograph Policy Of Protestors Challenged
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NEW YORK---The New York Civil Liberties Union and a group of civil rights lawyers have asked U.S. District Judge Charles S. Haight to enjoin the NYPD's policy of taking photographs and videotapes of lawful political protest activity in New York City without restriction, and retaining those images indefinitely.
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| Former Colonie Judge Admits He Can't Defend Charges
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COLONIE----The New York State Commission on Judicial Conduct has accepted a stipulation from former Colonie town justice Richard T. DiStefano that he will neither seek nor accept judicial office at any time in the future.
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| Attorney Challenging Judge's Failure To Timely File Oath of Office
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FONDA---It's déjá vu in Montgomery County.
Judge Felix Catena's jurisdiction and title to office is being challenged.
Latham attorney Matthew Mann, attorney for Thomas DeVito whose conviction for child molestation was overturned in August by the Appellate Division, is arguing in state Supreme Court that Catena does not hold the office of Montgomery County court judge because he failed to properly file his oath of office within 30 days of the commencement of his term, creating a vacancy in the office ipso facto back in January, 2000.
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| Beware Of Consumer Turkeys This Holiday Season
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The New York State Consumer Protection Board and other consumer protection agencies have released the Top Ten "Consumer Turkeys" -- a list of widespread scams hurting consumers today.
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| Seniors Empowered With Scam Stopper
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The state Attorney General's office has launched a statewide program to help protect older New Yorkers against common frauds.
The Attorney General's new "Scam Stopper" program will inform seniors, service providers, clergy and others on how to recognize, thwart and report con artists and other scammers.
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| Judicial Vacancy In Pinellas County
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TALLAHASSEE-Friday, Dec. 2 is the deadline for applications from persons
seeking to fill a county judge vacancy in the Sixth Judicial Circuit Court of Florida that will be created by the retirement of Pinellas County Judge Karl B. Grube, the Sixth Judicial circuit's longest-serving county judge.
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| Blind Woman, Guide Dog Take On Condo Board
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ROCKLAND COUNTY, NY---The Grinch from Pinellas County in Florida has apparently trekked north.
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| Former Big Brother Arrested For Child Porn
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FORT MYERS, FLA---A former participant in the Big Brother-Big Sisters Program in Southwest Florida has been arrested on child pornography charges.
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| Health Insurers Fined For Prompt Pay Violations
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ALBANY--Superintendent of Insurance Howard Mills has announced that the New York State Insurance Department has levied its latest round of fines against health insurers and health maintenance organizations (HMOs) for violating New York's Prompt Pay Law. In all, 22 companies were fined a total of $178,600 for failing to pay undisputed claims within a reasonable timeframe. The fines are for complaint files that were closed by the Insurance Department between Oct. 1, 2004 and March 31, 2005.
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| Ronald MacDonald Charged In Wendy's Burglary
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MANCHESTER, NH---It wasn't the Hamburglar who was arrested at the local Wendy's early Monday morning, charged with stealing money from the store safe.
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Terri Schiavo Never Received 'Aggressive" Therapy
By Janice Sanford
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"...On 19 July 1991, Theresa was transferred to Sable Palms skilled care facility. Periodic neurological exams, regular and aggressive physical, occupational and speech therapy continued through 1994..." Jay Wolfson
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| Tampa Attorney Moves To Vacate Contempt Charges
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CLEARWATER, FLA---Tampa attorney Mark A. Adams is headed back to court Monday, Nov. 28 for a hearing on his motion moving to vacate the contempt charges which were brought against him last January by Sixth Judicial Circuit Court judge Crockett Farnell and attorney Timothy Weber of the politically connected Battaglia, Ross, Dicus and Wein law firm of St. Petersburg.
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| Letters To The Editor - Wayward Use of Power
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We have visited The North Country Gazette and the account of the injustice being inflicted on Floridian lawyer Mark Adams fills us with indignation. It is exemplification of the wayward, ex parte use of power by the judiciary, nowadays routine.
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| Teacher Charged With Having Sex With Student Of Age
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AKRON, OHIO-The age for consensual sex in Ohio is 16 but high school science teacher Stephen Pandur, 25, faces up to 15 years in prison for having consensual sex with an 18-year-old female student.
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| Click And Shop Cyber Monday
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First there's Black Friday and then there's Cyber Monday.
As millions of Americans return to work Monday and turn on their office computers, their focus won't be on that unfinished report or letters for the boss, but using the Internet to browse or buy gifts online.
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| Tennessee School Newspaper Seized By Officials
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OAK RIDGE, TENN---Students at an eastern Tennessee high school are going to get a firsthand education in the First Amendment and freedom of the press.
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| Dunkin Donuts Operators Plead Guilty To Tax Fraud
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WHITE PLAINS----Two Westchester brothers who owned more than two dozen Dunkin Donuts franchises have pleaded guilty in White Plains federal court to tax fraud and other charges for evading paying more than $1.5 million in payroll and income taxes.
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| NYCLU Sues Catholic School For Firing Pregnant Teacher
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ROCKAWAY BEACH-The New York Civil Liberties Union is charging a private Catholic school with discriminating against an unmarried, Catholic school teacher by firing her because she became pregnant.
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| Miami Police Used Excessive Force Against Protestors: Lawsuit
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MIAMI - The American Civil Liberties Union of Florida's Greater Miami Chapter has filed three lawsuits charging that officers of the Miami, Miami-Dade and Broward police departments used excessive force to intimidate and unlawfully arrest innocent bystanders and protesters who were exercising their free speech rights during the November 2003 Free Trade Area of the Americas (FTAA) ministerial meetings in downtown Miami.
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| Atheist Sues To Remove "In God We Trust" As Motto
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WASHINGTON - Michael Newdow, who previously brought a lawsuit against the Pledge of Allegiance, has once again filed a suit challenging the national motto, "In God We trust."
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| Government Drops Case Against Recruiting Protester
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RICHMOND, VA - Government lawyers in Fairfax County have agreed to drop their case against Tariq Khan, a George Mason University student who was arrested while protesting the presence of military recruiters on campus.
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| WE GET LETTERS
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Editor's Note: Virtually every day we receive comments about published articles, information about ongoing cases and story ideas. Below are several of the comments recently received. Readers are encouraged to participate and may send letters to the editor for consideration or submit feedback by using the contact form on the site. Please include your name and a verifiable email address. We will not publish the address.
Good Ole Boys
Regarding your story about Attorney Mark Adams (Tampa, Fla), I can relate with him about the good ole boys network.
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| EDITORIAL - The Grinch Of Pinellas County
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For 12 years, 82-year-old Frances Mirowski has begun each morning the same way---feeding bread crumbs and peanuts to the birds and squirrels in her yard---its relaxing, entertaining and yes, gives her a purpose in life, something to look forward to every day.
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| Judicial Panel Removes Queens Judge
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In a 8-2 decision almost certain to be challenged before the Court of Appeals, the New York State Commission on Judicial Conduct has voted to remove Queens Supreme Court Justice Laura D. Blackburne for directing a court officer to escort a defendant out of the courthouse through the judge's private entrance in order to elude a detective who was waiting to arrest the defendant.
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| Court Opens Crime Scene Photos To Media
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TALLAHASSEE---Media outlets in Florida have won the right to inspect crime scene and autopsy images of 11-year-old murder victim Carlie Brucia but the Second District Court of Appeals has given attorney general Charlie Crist until Monday to ask the Florida Supreme Court to review the decision.
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| Lawyer Says Crist, Bar Refusing To Investigate Overcharging
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JACKSONVILLE, FLA---Florida attorney Jeffrey R. Hill was employed by the Jacksonville law firm, Farah, Farah & Abbott, PA, in 2004 when he says he discovered the firm was regularly charging and collecting clearly excessive costs from its personal injury clients without their knowledge.
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| EDITORIAL - Ohio Officials Need To Make FULL Disclosure
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"Your story is (sic) Elsebeth Baumgardner (sic) is false and bizarre", the feedback form to The North Country Gazette said, submitting a comment on a story.
The author of the comment was referring to the article which appeared Monday entitled "Fair Trial Rights An Issue in Ohio Free Speech Case".
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The Case Against All Saints: Has The IRS Gone Too Far?
By Charles C. Haynes
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Taking pleasure in the pain of others isn't the Christian thing to do. But conservative churches may be forgiven for feeling a bit of schadenfreude after the revelation this month that the Internal Revenue Service is threatening to revoke the tax-exempt status of All Saints Episcopal Church in Pasadena, Calif. - one of the nation's largest liberal congregations.
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Terri Schiavo Was Worth More Dead by Janice Sanford
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"...PVS is a clinical diagnosis, not one that can be proven by autopsy alone and you cannot prove a negative.
Terri was evaluated and diagnosed as being in PVS by every doctor who examined her, save for those hired by the Schindlers and supplied by the RTL, who testified the way the Schindlers wanted them to and this diagnosis was made long before the medmal trial, long before the fight over the medmal award and long before the final judgment was made in favor of Terri's decision to refuse unwanted medical treatment..."
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| Shoppers Alerted To Hidden Toy Hazards
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Toys should provide a creative and happy outlet for children; yet too often they bring pain and sometimes death. According to the most recent data from the Consumer Product Safety Commission (CPSC), at least 16 children, none older than nine years old, died in 2004 playing with toys. Moreover, of the estimated 210,300 persons treated in hospital emergency rooms in 2004 for toy-related injuries, 72,800 (35%) were under five years old.
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Worker's Comp Reform Plan Strikes Balance By Gov. George E. Pataki
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Whether it's cutting taxes, eliminating unnecessary regulations or reducing workers' compensation costs, we know that lowering the cost of doing business is a proven way to create new jobs and that's exactly what we've done in New York during the past 11 years. But we must continue to do more to improve New York's business climate, expand the State's job-creation efforts and keep New York business competitive in the global marketplace.
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| Eminent Domain Task Force Named
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ALBANY--In the midst of a political firestorm set off by the U.S. Supreme Court decision on eminent domain (Kelo v. New London), and calls by Congress to withhold federal funding from localities that use eminent domain for commercial gain, New York State Bar Association President A. Vincent Buzard of Rochester has appointed a task force to provide legal analysis of the issue and to make recommendations about appropriate legislative and regulatory considerations.
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| Compliance With Handicapped Parking Spaces Urged
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ALBANY--Raymond P. Martinez, state Commissioner of Motor Vehicles and chair of the Governor's Traffic Safety Committee, has urged drivers to avoid parking illegally in spaces designated for people with disabilities, including access aisles.
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| Legislative Lawsuit Against "Three Men" Moves Forward
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NEW YORK----New York State Supreme Court Judge Jane S. Solomon ruled Tuesday to allow for three complaints from the lawsuit against the "three men in a room" over dysfunctional legislative practices to move forward. The complaints that were sustained include the unequal funding of member resources, unequal member items and abuses of messages of necessity.
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| Tampa Teacher Avoids Prison In Sex Case
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TAMPA----In stark contrast to the New York teacher who was sentenced Monday to serve six months in jail for having sex with an underaged student, Florida teacher Debra Lafave has avoided jail time and will instead serve three years of house arrest followed by seven years of probation.
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| Fair Trial Rights An Issue In Ohio Free Speech Case
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How do you spell railroad in Ohio?
B-A-U-M-G-A-R-T-N-E-R/D-U-B-O-I-S
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| Geisel Judge Says Male Student No Victim
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ALBANY---Albany County Court Judge Stephen Herrick stunned the courtroom Monday during the sentencing of the former CBA English teacher charged with raping one of her male students when he said that the 16-year-old in the case is a victim in the statutory sense only.
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| State Settles With Praxis Housing Officials
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MANHATTAN---A $790,000 settlement with three former officials of a Praxis Housing Initiative (Praxis), a Manhattan-based not-for-profit that provides housing and services to people living with AIDS/HIV, has been reached according to the state Attorney General's office. The settlement funds will be returned to Praxis so that the agency can continue providing housing and services at its facilities in New York City.
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| Home Health Agency To Repay Medicaid $7 Million
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BROOKLYN---Americare Certified Special Services, Inc. (Americare), a Brooklyn based certified home health agency, has agreed to pay $7 million as part of a resolution of a state investigation whether it had improperly billed Medicaid for services rendered to residents in adult homes. Home Health Agencies such as Americare provide health care to persons living in their own homes, and also in "adult homes" which are residential facilities that do not provide skilled nursing care.
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| State Pension Fund Finances Queensbury Housing Project
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QUEENSBURY--Queensbury residents have 128 new moderately-priced apartments thanks to a $6.7 million investment by the New York State Common Retirement Fund and its partner, the Community Preservation Corporation.
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| Health-Care Spending Up 77% Over 10 Years
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ALBANY--Personal health-care spending in New York State rose 77% from 1990 to 2000, increasing from $53.50 billion to $94.76 billion, according to an analysis of data published earlier this year by the Centers for Medicare & Medicaid Services (CMS).
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| Officer Charged With Prison Pot
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MALONE---A corrections officer at the Bedford Hills Correctional Facility in Westchester County has been charged with trying to smuggle marijuana into the Upstate Correctional Facility in Malone.
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| Grants Awarded For Child Care Facilities
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ALBANY---Twenty-six grants totaling more than $1.8 million to expand and improve New York's child care facilities have been announced by Gov. George Pataki. The grants will enhance safety at existing child care facilities, create 620 new child care slots for New York's families, and further improve child care opportunities across the State.
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Dropping The Ball By Karen Ward, RN
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There is much difficulty putting Terri Schiavo to rest with the barrage of news reports detailing other peoples' circumstances in the United States in similar situations; put to death daily, either by state sanctioned euthanasia, hospital sanctioned euthanasia, or family sanctioned euthanasia.
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| Ex-CBA Teacher To Be Sentenced Monday For Sexcapades
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ALBANY--Sandra "Beth" Geisel could be home for Christmas.
The former English teacher at Christian Brothers Academy, charged with raping one of her willing underage male students, will be sentenced Monday, Nov. 21 in Albany County Court by Judge Stephen Herrick.
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| A Purr-fect Sentence
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PAINESVILLE, OHIO---The mother of three children and two step-children has been sentenced to spend a night alone in the woods for abandoning 40 kittens in two parks.
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| Denial Of Elder's Health Care High Price To Pay For Activism
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Everything has a price.
Especially the health care services for an elderly man.
Especially if his daughter is a "controversial" newspaper publisher, judicial activist, legal reformer and coordinator of the NYS Oaths Project.
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| Sex Offenders Remain In Custody With Pataki Appeal
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ALBANY---A temporary stay on a Supreme Court justice's order to release 12 sex criminals from psychiatric hospitals is in place after Gov. George Pataki's filed an appeal of that order on Friday.
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Op-Ed - Family Ties Go Beyond a Marriage License by Janice Sanford
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"…It is the Schindlers who are lying about the facts of this case, not Mike…they, along with the religious right and greedy politicians eager to please the RTL voting base so as to remain in power, have exploited Terri and continue to do so to this very day by pollyparroting the lies on their websites and in books and worse, selling those videos for $100 apiece. Mike respected Terri enough to stick by her side and follow her wishes while the Schindlers were about one thing and one thing only---money---the minute the couldn't get their mitts on Mike's loss of consortium award they have the nerve to try and take money out of Terri's trust fund and for what…because Bob Schindler was in debt to the IRS…."
http://journals.aol.com/justice1949/JUSTICEFORTERRISCHIAVO/entries/1245
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| Class Action Suit Filed Against FEMA For Katrina Response
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NEW ORLEANS---A prominent New York law firm, a Washington-based civil rights legal organization, and a California not-for-profit legal organization, together with a Louisiana law professor filed a class-action suit this week in the United States District Court for the Eastern District of Louisiana to force the Federal Emergency Management Agency (FEMA) to provide timely aid to victims of Hurricane Katrina living in Louisiana, Mississippi and Alabama.
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| Attorney Seeking Parole for "Dr. Death"
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MICHIGAN---The attorney for "Dr. Death" is asking Michigan Governor Jennifer Granholm to grant a pardon and/or commutation of sentence for his client to allow him to "die with some dignity by being free".
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| Ohio Judge Files To Block Rent-A-Judges
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COLUMBUS--- The gravy train for retired visiting judge Richard Markus and other private judges may be about over if Cuyahoga County Common Pleas judge Nancy Russo has her way.
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| Baumgartner Released; Prosecutor Serving as Judge's Attorney
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CUYAHOGA COUNTY, OHIO---Former attorney and pharmacist Elsebeth Baumgartner has been released from the Cuyahoga County Jail after being incarcerated three days.
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| AG: Medical Company Owner Defrauded Medicaid $500,000
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TALLAHASSEE - The president of a Winter Garden medical equipment company has been charged by the Florida Attorney General's office for defrauding the Florida Medicaid program.
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| Executor Charged With Stealing $2.7 Million From Attorney's Estate
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BAYSHORE, LI-----A Bayshore, Long Island, man has been charged with stealing more than $2.7 million from the estate of an 80-year-old Forest Hills attorney for whom he had been named as executor.
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| Art Gallery Owner Evades Sales Tax Collection
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MANHATTAN---Manhattan art gallery owner Helen Fioratti and her corporation have pleaded guilty to failing to collect sales taxes from 1999 to 2004.
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| State Police Plan Seat Belt Blitz
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ALBANY---The New York State Police have kicked off New York's latest zero tolerance seat belt enforcement blitz, intended to save lives by reminding motorists and their passengers to buckle up. Beginning next Monday and continuing through Sunday, Nov. 27, police will set up checkpoints and dedicated patrols to ensure compliance with New York's seat belt law. They'll be joined by police agencies across the state in the effort, which is part of the ongoing Buckle Up New York Campaign.
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| Miami Judge Pays $25,000 Fine
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MIAMI---Miami-Dade County Judge Ana Marie Pando told the Florida Supreme Court that no certain date was given her for the payment of a $25,000 fine assessed against her by the court for improper campaign contributions and improper certification of campaign finance reports.
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Inside The First Amendment Leaks Keep The Ship Of State Afloat By Paul K. McMasters
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The recent revelation that for the past four years the CIA has operated a "covert prison system" in Eastern Europe for the interrogation of terrorism suspects has prompted angry demands for investigations - not of the interrogation prisons but of the leak of classified information that brought the system to light.
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| Caregivers Arrested For Alleged Abuse of Elderly Patients
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TALLAHASSEE - Two South Florida caregivers have been arrested in separate cases for alleged abuse or neglect of elderly residents of patient care facilities. One of the incidents of neglect is believed to have led to the death of a resident at a Miami assisted living facility.
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Why The Oath Is Important By Thomas Chandler
State Director
New York State Tyranny Response Team
www.trt-ny.org
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40 of New York's 62 counties have been surveyed and better than 80% of our elected officials are in violation of what seems to many, as a minor legal technicality to file their oaths of office and obtain their surety bonds as required by law. This can only be seen as a minor, trivial and arcane technicality because despite the unprecedented ease and affordability of mass communications and access to education available today, most of us have forgotten what is at stake.
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| Panel Finds Nassau Judge Abused Judicial Contempt Power
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Don't sigh, fidget or turn your back in the courtroom of Nassau County Family Court judge Richard S. Lawrence or he'll find you in contempt.
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| Florida AG Moves To Block Release Of Brucia Autopsy Photos
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TALLAHASSEE - Attorney General Charlie Crist filed an emergency motion Thursday to stay a Second District Court of Appeal ruling in favor of plaintiffs who wish to view crime scene and autopsy photos and videotapes of Carlie Brucia. The court overturned the original ruling of the trial court which prohibited access to the photographs and tapes.
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