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| October 2005 |
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| Audit Shows Lottery Retailers Owe $23 Million In NYS Taxes
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Lottery officials have agreed to take more aggressive action to identify retailers who owed back taxes or have outstanding tax liabilities. A State Comptroller's audit identified more than 3,000 lottery retail outlet operators who owed more than $23 million in back taxes to New York State, with 350 of these individuals owing more than $10,000 each.
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| Applications Now Being Accepted For Heating Assistance (HEAP)
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ALBANY--The Home Energy Assistance Program (HEAP), which assists lower-income seniors and families with heating costs in the winter, will begin accepting applications on Tuesday, Nov. 1. Gov. George Pataki urged all eligible New Yorkers to file their applications with their county's department of social services beginning next week.
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| Governor Visits Western New York To Oppose Proposal 1
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ALBANY--Gov. George E. Pataki visited Western New York Monday to oppose the Constitutional Amendment on the State Budget process, also known as "Proposal 1," which will be put before voters on Election Day, Nov. 8th.
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| State Sovereignty, Fifth Amendment Rights Supreme Court Issues
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A case raising numerous public policy issues relating to the funding of public, higher education institutions and debtor/creditor relationships as well as a case regarding one's Fifth Amendment right against self-incrimination will be among oral arguments heard this week before the U.S. Supreme Court.
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| APA To Conduct Housing Forums, Block Grant Program
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RAY BROOK - During the next two monthly meetings, the Adirondack Park Agency will address priority community development needs for Adirondack towns and villages. The agency's Economic Affairs and Local Government Services Committees will hold two workforce-housing forums in early November and December.
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| Tampa Cigarette Scheme Up In Smoke
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TAMPA, FL--A scheme to facilitate the theft and resale of cigarettes has been uncovered as the result of "Operation Up in Smoke", an ongoing criminal investigation conducted by the Tampa Bay Regional Domestic Security Task Force (RDSTF).
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PERSPECTIVES - Unequal Treatment By June Maxam
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I've always been curious. That's probably why I work in the field of investigative journalism. Some of my associates laughingly tell me that I just "go looking" for trouble.
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| Exchange Student Abuse Spurs Background Checks, New Rules
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From Perth, Australia to Plainwell, Mich., there is a pattern of abuse that is making headlines around the world, according to the Committee for Safety of Foreign Exchange Students, a group of concerned citizens in the United States, a voluntary organization formed to protect the exchange students that arrive in the thousands from all over the world to study in the U.S.
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| Pinellas County Voters Being Surveyed
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PINELLAS COUNTY, FL---How satisfied are you with the operations and funding of the Pinellas County Sheriff's Department?
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EDITORIAL
Bense Forcing Taxpayers To Pay To Deny Themselves Rights
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There appear to be more foxes guarding Florida henhouses than chickens in them.
Apparently Florida Speaker of the House Allan Bense is one sly fox that doesn't think that the public should have the right to amend the state Constitution and he's going to make them pay to deny themselves the right to put the issue on the ballot.
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| Noe Freed On $1 Million Bond In Bush Campaign Scandal
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ORLANDO, FL---The day after a federal grand jury returned a three count indictment against him for allegedly laundering $45,500 into President Bush's re-election campaign, Tom Noe appeared in shackles and handcuffs before a U.S. magistrate in Orlando to be arraigned.
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| Free Speech, Oath Of Office Issues For Colorado Judge Influence Case
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Must convictions for attempting to influence a public servant be vacated when they are based not on a true threat of violence, but on constitutionally protected statements in pro se pleadings?
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Schiavo Implant Doctor Reprimanded For Misconduct
By June Maxam
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When Dr. Yoshio Hosobuchi of the University of California at San Francisco performed an experimental procedure in December, 1990, to implant platinum electrodes into the brain of Terri Schiavo as a "brain stimulator", he was a licensed physician.
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| Glens Falls Man Charged With Falsely Reporting Child Abuse
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GLENS FALLS--Making a false report to the state's child abuse hot line is a crime.
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| Oswego Police Captain Charged With Stalking
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OSWEGO---The city of Oswego seems to be having trouble keeping its public officials out of jail with the third city official in trouble with the law in the last three months.
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| Judge Against DEC In Lawsuit On ATV Ban in Adirondacks
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A state Supreme Court judge has ruled against the state Department of Environmental Conservation in its efforts to dismiss a lawsuit brought by a North Country ATV club in regard to the state's closing of 54 roads on state land in the North Country to ATV access.
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| Delaware County Town Justice Agrees To Leave Office
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KORTRIGHT--A Delaware County town justice has agreed to vacate his office, entering into a stipulation with the state Commission on Judicial Commission three days before a hearing was scheduled to commence into a formal complaint against him for judicial misconduct.
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| Twice Cited In 18 Months For Misconduct, Mohawk Judge Resigns
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MOHAWK---Mohawk town justice Roy Dumar, faced with disciplinary action by the state Commission on Judicial Conduct for the second time in 18 months, has resigned.
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| Cop Charges Former Teacher Engaged In Statutory Rape
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A former student at a Manhattan Montessori school who is now a police officer has filed a complaint against a teacher at the school, alleging that she and he, now 22, had sex in a school van, inside the school and in a school-owned apartment, starting in 1996 when he was 13 years old and continuing for several years.
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WARD OF THE COURT Of Litmus Tests and Court Packing By Steven Ward
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In the wake of Harriet Miers asking to have her nomination to the Supreme Court withdrawn, Democrats have, with one voice, accused the radical right wing (of which I'm a proud member) of attempting to pack the Court and demanding a litmus test for Supreme Court justice. You know what? They are right.
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| Florida AG Sues Ft. Meyer Hotel For Gouging Wilma Victims
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TALLAHASSEE - Attorney General Charlie Crist has sued a Ft. Myers hotel, charging that it improperly inflated prices to Florida consumers seeking emergency shelter from Hurricane Wilma. This is the first price-gouging lawsuit filed by the Attorney General's Office related to Hurricane Wilma, alleging room rate increases of up to 108 percent as Wilma affected the state.
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| Pataki Advocates Enforcing Halloween Curfew On Sex Offenders
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ALBANY--Gov. George E. Pataki has directed New York State's criminal justice agencies to take proactive measures so that New York's children can enjoy a happy and safe Halloween, including enforcing a curfew on sex offenders under state supervision for Halloween night.
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| Car Dealer Charged In $1.2 Million Sales Tax Theft
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QUEENS--A Floral Park man has been charged with a $1.2 million state sales tax theft in connection with his operation of a Jamaica, Queens, used car dealership. The dealership allegedly annually sold between 169 and 337 used motor vehicles that ranged in prices from $500 to $30,000 per vehicle.
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| Queens Attorney Accused Of Being Online Predator
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JACKSON HEIGHTS---An attorney practicing from an office in Jackson Heights has been charged by the Nassau County district attorney's Technology Crime Unit with being an online predator and having sexually explicit conversations with a person who he believed was a 14-year-old female.
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| Disbarred Attorney Charged With Larceny Of Client Funds
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GARDEN CITY, LI--A Nassau County attorney, already incarcerated for convictions of federal money laundering charges has been charged with grand larceny, accused of stealing clients' funds amounting to $247,102.
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Schiavo Implant Potentially Dangerous
By Janice Sanford
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When a reporter did an article in the St. Petersburg Times, Feb 17,1991. pg.3, about Terri's surgery in which Yoshio Hosobuchi of the University of California at San Francisco in December(1990) implanted a neurological thalamic stimulator in her brain, they reported:
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| NYSBA Book Guide To Eminent Domain Issues
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ALBANY-The power of the government to acquire the title to private property for public use by condemning it through eminent domain has seemingly grown over the past few years. The impact that eminent domain can have on a community was highlighted in the recent, much-publicized Kelo v. City of New London decision by the U.S. Supreme Court. A new book published by the New York State Bar Association proves a valuable guide through the eminent domain landscape.
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| Malone Police Officer Faces Misconduct Charges
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MALONE--A police officer with the Malone Village Police Department who has been on paid suspension was arrested Wednesday and charged with second degree criminal trespass, official misconduct and obstruction of governmental administration in regard to his alleged involvement with a 17-year-old female runaway.
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Op-Ed
By Gov. George Pataki
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Vote "No" on Proposal (1)
Our government is based on a system of checks and balances to ensure that no
one person, agency or branch of government gains too much power. We learned
back in social studies class that this principle is one of the cornerstones
of American democracy. Despite all that we have learned about the balance of
power and responsibility, on Election Day the State Legislature will offer a
ballot proposal to throw our entire system out of balance, costing taxpayers
billions of dollars.
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| Owner of Manhattan Investment Firm Indicted After Sting
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The owner of a Manhattan investment firm used a classic Ponzi scheme to defraud about 60 investors of more than $747,000, Manhattan district attorney Robert M. Morgenthau said Thursday in announcing the indictment of Edwin Rodriguez, owner of Rodriguez's Investment Services Inc.
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| Texas Oilman Pleads Not Guilty In Oil-For-Food Program
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NEW YORK---On the same day the former Federal Reserve Chairman Paul Volcker issued his final report on the $64 billion scandal in the UN's Oil-for Food Program, Texas oilman Oscar Wyatt pleaded not guilty to federal charges that he allegedly paid millions of dollars in kickbacks to Iraq to buy oil from Saddam Hussein.
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| Higher Energy Prices To Adversely Impact Local Governments
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Local governments will have to spend at least $375 million more this year for gasoline, diesel, fuel oil, natural gas and electricity because of increased prices and millions more because of the impact of higher energy prices on the cost of goods and deliveries, according to a survey released by New York State Comptroller Alan G. Hevesi.
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| Court Says Police Can't Tear Cars Apart At Traffic Stops
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Even with permission from vehicle owners, police looking for drugs and other contraband can't literally tear cars apart at traffic stops, the Court of Appeals has ruled in a 6-1 decision.
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| Court Denies Attorneys' Fees In FOIL Case Against DOH
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ALBANY----The state's highest court helped public officials hide from accountability to the public this week and allowed public entities even more leverage to wrongly deny citizens records to which they are entitled and make their right to know even more cost prohibitive.
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| GOP Fundraiser Tom Noe Indicted For Illegal $$ to Bush Campaign
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CLEVELAND, OHIO--Charges of public corruption among Republicans in Ohio widened Thursday with a federal grand jury indicting Thomas W. Noe, a former Republican party fundraiser, for allegedly making illegal campaign contributions using conduit contributors.
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| EDITORIAL - Law Applies To Judge Jung and Fulton County DSS Too
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What's going on in Fulton County anyway?
Are the public officers in Fulton County more concerned about their budgets than they are with the constitutional rights of individuals and the welfare and needs of families?
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| Border Passport Requirement Would Hurt Tourism, Business
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ALBANY-Requiring Americans who cross to and from Canada to carry a passport "would create serious economic problems for tourism and business activity," The Business Council said in testimony at a federal hearing this week in Buffalo.
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| State Gun Owners Herald Passage of Arms Act
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ALBANY-- The New York State Rifle and Pistol Association says that last week's passage of the Protection of Lawful Commerce in Arms Act by the United States Senate and House of Representatives will have a positive effect on New Yorkers' safety and lives. The Act, limiting civil liability for firearm manufacturers, has been passed by both the U.S. Senate and the House of Representatives and is awaiting President Bush's signature.
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| Phony Attorneys Allegedly Scammed $12 Million
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Eight individuals who Nassau County prosecutors say conspired to bilk lending institutions and homeowners out of $12 million in one of the biggest money laundering schemes seen in Nassau County have been arrested.
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| Owner Of C&D Firm Jailed For Failing To Dispose of Debris
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SCHENECTADY--The owner of a Schenectady County construction and demolition debris hauling business has been sentenced to nine months in jail after repeatedly violating court orders that he properly dispose of a large pile of debris.
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| State Slams Book On Fraudulent GED Home Study Course
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A Long Island resident who allegedly operated a fraudulent GED home study course has been put out of business by a court order obtained by the state Attorney General's office.
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| Tampa's Top ICE Agent 007 Charged With Sex Crime At Mall
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Agent 007 was arrested Tuesday and charged with exposing himself to a 16-year-old girl.
No, not James Bond, the character in the Ian Fleming spy novels.
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| Assembly To Open Hearings On Eminent Domain
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ALBANY--The exercise of eminent domain in New York State will be the subject of a series of public hearings to be conducted by several committees of the NYS Assembly including the standing committees on judiciary, local governments and governmental operations.
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| US Court Ruling On Forced Drugging Favors Albany DMV Protester
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ALBANY--It was just about a year ago that Albany resident Bliss Alexandra, also known as Darlene Early, was being held at the Kirby Forensic Psychiatric Center in Manhattan for the violent and criminally insane, being forcibly injected with anti-psychotic drugs after being arrested for protesting regulations of the NYS Department of Motor Vehicles.
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| Tampa Attorney Seeks Arrest Of Judge Farnell For Alleged Perjury
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CLEARWATER, FL---Tampa attorney Mark A. Adams finally won a round in Pinellas County where he's been battling the politically-entrenched law firm of Battaglia, Ross, Dicus and Wein of St. Peterburg and their claims that they can influence members of the Sixth Circuit Court's judiciary.
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| Florida Court Hiding From Accountability In Adams Case
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CLEARWATER, FL--Cameras have been a fixture in Florida courtrooms for over 20 years.
The decision of the Florida Supreme Court to permit cameras in the courtroom allowed millions of Americans to weigh the evidence in the recount debate of the 2000 Presidential election and to reach their own conclusions.
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| DOJ Adds NY To National Sex Offender Registry To Fed Web
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ALBANY-The U.S. Department of Justice has added New York to the National Sex Offender Public Registry (NSOPR) web site, and has once again called upon the Assembly Majority to allow a vote on legislation that would strengthen the state's Megan's Law and expand the information available on the Internet to include all registered sex offenders.
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| UPS To Stop Delivery of Cigarettes
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The New York State Attorney General's office has reached an agreement with UPS, the world's largest package delivery company, to help reduce youth access to cigarettes over the Internet.
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| NYS Smoking On Decline, New Funding For Quitting Programs
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The second annual independent evaluation of New York's anti-smoking and tobacco control program demonstrates that smoking is on the decline in New York and that teenage smoking is being reduced at a pace that exceeds the national average.
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| Former NYPD Youth Officer Guilty In Internet Sex Sting
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A New York City Police Department Police Officer, formerly assigned to the 114th Precinct in Astoria as the precinct's Youth Officer , has pleaded guilty to charges of attempting to meet for sexual relations a person he had met online and who he believed to be a 14-year-old boy. The boy was actually a New York City Police Department undercover detective assigned to its Computer Crimes Squad.
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| Town Mechanic Charged In Workers Comp Fraud
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OYSTER BAY---A former mechanic for the Town of Oyster Bay has been charged with grand larceny in the third degree, a class D felony, in connection with the alleged theft of $13,118.25 in Workers' Compensation benefits.
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| Tax Dissidents Schiff, Neun Convicted Of Defrauding U.S.
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LAS VEGAS--A federal jury in Las Vegas, Nevada has convicted anti-tax crusader Irwin Schiff and two associates of aiding and assisting in the preparation of false income tax returns filed by other taxpayers in connection with a tax scam.
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| DEC To Issue Deer Management Permits
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ALBANY--Approximately 19,000 Deer Management Permits (DMPs) will be issued to hunters who were previously not selected for permits earlier this year during the DMP Instant Lottery, according to state Department of Environmental Conservation (DEC) acting commissioner Denise Sheehan.
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| North Greenbush's Clerk's Failure To File Oath Created Vacancy
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NORTH GREENBUSH---When a public officer fails to file their oath of office, it's not just a clerical or ministerial error.
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| Ex-Nurse Charged With Fraud
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BAYSHORE---A former practical nurse employed at the A. Holly Patterson Nursing Home in Uniondale, a 889-bed facility, has been charged with allegedly defrauding the Nassau County workers' compensation benefits program of $37,370.
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| Tops Stores Back To Grand Union
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It must be dèjá vu.
When Tops Markets bought 12 grocery stores in the Adirondacks in 2001, they were being operated as Grand Unions.
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| Georgia Judge Goes "Batty"
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GEORGIA--A George defense attorney claimed that Fulton County Superior Court Judge Marvin Arrington went "batty" in his courtroom, "branishing" a baseball bat and allegedly making "terroristic" threats towards his client.
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| Traveling Heart Gallery Raises Awareness Of Adoption
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The Traveling Heart Gallery of the Mid-Hudson Valley, a portrait exhibit to raise awareness about children available for adoption, will be unveiled in Dutchess County at a grand opening reception Friday, Oct. 28 beginning at 3 p.m. at the Poughkeepsie Galleria. The exhibit will remain on display there through Oct. 30.
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| NYSBA To Honor Teacher, Attorney For Law Education
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ALBANY-- A social studies teacher from Western New York and a defense attorney from Albany will be honored by the New York State Bar Association for their voluntary commitment to law-related education at the 29th annual Statewide Conference on Law-Related and Civic Education, Oct. 26-29 at the Desmond Hotel in Albany.
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| EDITORIAL - Bizarre Accident Shows Danger Of Elderly Drivers
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It was early evening, about 8:30 when he decided to go for a drive. He backed his 2002 Chevy Malibu out of the driveway of his St. Petersburg home where he lived alone. His wife had died in 1998.
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| NYS Sends National Guard To Assist Florida With Wilma
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New York State has sent New York National Guard personnel and equipment to Florida to assist in rescue, response and recovery efforts as a result of Hurricane Wilma.
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| New Guide Compares Auto Rates
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NEW YORK --Superintendent of Insurance Howard Mills has announced that the 2005 Consumer Guide to Automobile Insurance is now available online and in hard-copy form. With New Yorkers enjoying unprecedented auto rate decreases over the past year, the state Insurance Department's annual Consumer Guide is aimed at ensuring that drivers are getting the most for their premium dollar.
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| ACLU Joins Jersey City Tavern Owner's Eminent Domain Fight
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NEWARK, NJ-The American Civil Liberties Union of New Jersey is now representing tavern owner Cheng "Terry" Tan, who is fighting the Jersey City Redevelopment Agency's attempt to take his restaurant by eminent domain. Jersey City officials want to take Tan's land to give it to a parochial school, St. Peter's Prep, for its football field.
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| Nurse Pleads Guilty To Smearing Blood At Courthouse
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BINGHAMTON---A dialysis nurse who smeared his blood on a stone column outside U.S. District Court during an anti-war protest last month has pleaded guilty to attempting to damage federal property, a misdemeanor.
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| Florida's Medicaid Reform Plan Gains Federal Approval
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The U.S. Department of Health and Human Services has given federal approval to Florida's groundbreaking Medicaid transformation plan. Gov. Jeb Bush said that Florida's reform program will improve quality of care and provide predictability in spending for Medicaid, the state-federal partnership charged with providing healthcare to more than 2.2 million vulnerable, disabled and elderly Floridians.
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| Battaglia Firm Strengthens Influence In Pinellas Courts
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ST. PETERSBURG--In a closely-watched case in Florida involving charges of political influence and judicial corruption, Tampa attorney Mark A. Adams has charged that principals in the politically-connected, high-powered law firm of Battaglia, Ross, Dicus and Wein of St. Petersburg have allegedly bragged about the influence they wield in the Florida court system.
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| Patients Allegedly Euthanized During Hurricane Katrina
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NEW ORLEANS--Six Louisiana hospitals and 13 nursing homes are under investigation by the state's Medicaid Fraud Control unit of the attorney general's office for the dozens of patient deaths both during and after Hurricane Katrina.
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| Chief Judge Still Pushing For Pay Hikes
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New York's Chief Judge Judith Kaye is continuing her drive for pay hikes for the state's judiciary, including herself.
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| OCA: "Smart" ID Cards, Bulletproof Benches Needed For Courts
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In a courthouse in Fulton County, Georgia, a criminal defendant used a
deputy sheriff 's firearm to shoot and kill a judge, another deputy sheriff and
a court reporter.
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| Former Schiavo Guardian Ad Litem Seeks Black Robe
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NEW PORT RICHEY, FL---Now that Terri Schiavo has died, where are all the key players in the case?
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| Crist's Deputy AG, Key Player In Schiavo Case, Appointed Judge
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PINELLAS COUNTY--A key player in the Terri Schiavo right-to-life case, heard in the Pinellas County courtroom of Sixth Judicial Circuit Court Judge George W. Greer, will now be sitting on the bench in that same courthouse, having been appointed to a new judgeship earlier this month by Gov. Jeb Bush.
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| Christmas Publication Date Anticipated For "Culture of Corruption: The Schiavo Story"
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"Culture of Corruption: The Schiavo Story", by June Maxam, a new book about the Terri Schiavo case, will soon be available only at The North Country Gazette. Pre-publication orders for the e-book are now being received at news@northcountrygazette.org
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| LETTERS - Accountability For State Spending At Stake With Proposal 1
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Editor, The North Country Gazette:
It's good to see Governor Pataki speak out against Proposal 1 on November's ballot ("Pataki Voices Strong Opposition To Proposal 1") http://www.northcountrygazette.org/articles/101905Proposal.html Eliot Spitzer has done the same, as well as former Gov. Carey and Mayor Koch, but it may not be enough. If the voters mistakenly vote for Prop. 1, thinking it is meaningful reform of Albany's dysfunctional legislative process, all accountability for state spending will be lost, and we might as well give up trying to control spending or reduce the state's sky-high taxes and debt. That's how serious this issue is, and yet most voters don't even know what Prop. 1 means.
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| NY Must Reduce Corporate Taxes To Remain Competitive
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States wishing to remain competitive for international investment in today's business climate should reduce or eliminate corporate taxes entirely, according to a new study by the Tax Foundation.
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| Energy Options Program Topic
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The next Hudson Valley Energy Options energy efficiency session on controlling energy use will be offered Nov. 10 from 8 a.m. to noon at the Central Hudson Gas & Electric Corp. on Route 9 in Poughkeepsie.
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| Ohio Attorney Paid Client To Pose Nude For Photographs
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NORWALK, OHIO-The Ohio Supreme Court has imposed a six month suspension against the license of Norwalk attorney Thomas H. Freeman for paying a female client to pose nude for photographs in 2001.
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| Ohio Judge Removed For Sexcapades In Courtroom
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WARREN COUNTY, OHIO----Order in the court?
Not in Warren County, it was sexcapades in the courthouse with the judge not only engaging in an affair with a court officer half his age but also allegedly sexually harassing other female court employees.
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PERSPECTIVES -
By June Maxam
Matters of Ethics Taint Essex County Judgeship, DA's Race
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Judicial accountability.
Legal ethics.
We have long held a concern that double standards are exercised by public officers in regard to the law---particularly judges, prosecutors and the police.
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| Lawyer Seeks Recusal Of Judge Catena In Abuse Case
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FONDA--In August, the Appellate Division of state Supreme Court reversed the conviction of a former Amsterdam day care operator who had been found guilty in 2003 of child abuse and ordered a new trial, citing egregious misconduct by Montgomery County District Attorney James E. "Jeb" Conboy and improper jury instructions by Montgomery County Court Judge Felix Catena.
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| NY'ers Can Donate To 9/11 Memorial On State Tax Forms
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ALBANY-Gov. George E. Pataki has signed into law legislation creating a new voluntary check-off box on State income tax forms, allowing New York residents and businesses to donate to the World Trade Center Memorial Foundation. The Governor joined members of the World Trade Center Memorial Foundation that announced that the Foundation had already raised over $100 million towards the creation of the Memorial. Governor Pataki serves as an Honorary Trustee to the World Trade Center Memorial Foundation, along with Mayor Michael R. Bloomberg and former Mayor Rudolph W. Giuliani.
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