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September 2005

NYS Judicial Panel Receives Most Complaints Ever

Only 21 judges of the state's 3,400 members of the judiciary received public sanction for misconduct during 2004 according to the annual report of the New York State Commission on Judicial Conduct but the watchdog panel received 1,546 complaints last year, the highest ever in its' 30-year history.

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Judge's Sex Toy Trial Postponed

The trial of an Oklahoma judge, charged with three counts of indecent exposure while allegedly using a "penis pump" under his judicial robes while adjudicating a murder trial, has been postponed until Nov. 7 because a judge who had previously recused himself in the case then participated in the jury selection.

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Nurses Charged With Stealing Medication

Nurses working at a Plattsburgh hospital who recorded that a patient was given a prescribed dose of Oxycodone but instead took the controlled substance themselves when the left work have been criminally charged for stealing the medication.

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Flu Season Upcoming, Vaccinations Recommended

ALBANY-- In anticipation of the upcoming flu season, State Health Commissioner Antonia C. Novello advised New Yorkers who are most vulnerable to complications from influenza, as well as health care workers who have direct contact with patients, to seek vaccination over the next few weeks. The influenza season typically begins in late October and may run through April.

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Woman Faces 60 Years In Prison For Identity Theft

TALLAHASSEE -- An Orlando jury has convicted a Georgia woman on charges that she used another person's identity to steal more than $2.5 million from that individual and financial institutions.

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Queens Gym Teacher Charged With Raping Student

A gym teacher at Paul Robeson Business and Technical High School in the Crown Heights section of Brooklyn has been charged with repeatedly and regularly sexually assaulting a juvenile female student over a three-year period beginning when the victim was 14 years old, according to the Queens district attorney’s office.

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AG's Office Continues Assault On Medicaid Fraud

A Queens man has been arrested for allegedly stealing over three quarters of a million dollars from a Bronx HHC hospital by billing the hospital for spinal surgery implants that he never supplied.

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Officer Assaulted By Chicken Wings

Just when you thought you’d heard it all, there’s a new one. How about assault on a police officer with chicken wings?

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Pediatric Services To Repay Medicaid

Pediatric Services of America, Inc. (PSA), a national provider of medical equipment to critically ill children based in Norcross, GA, has agreed to pay the New York State Medicaid Program more than $239,000 for selling used durable medical equipment to Medicaid recipients while claiming that the equipment was new.

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AG Files Suit To Recover Erie County Medicaid Funds

The New York Attorney General’s office has commenced litigation to recover nearly $1 million in Medicaid overpayments made to an Erie County long-term home health care program. The lawsuit is part of a continuing investigation of Medicaid overpayments to such programs across the state which has resulted in the recovery of over $34 million since 2002.

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Guard Specialists Deployed To Aid In Hurricane Recovery

Sixteen New York National Guard communications specialists -- along with a high-tech communications system, known as an Interim Satellite Incident Site Communications Set (ISISCS) – deployed Wednesday to Louisiana from Stratton Air National Guard Base, Scotia, in support of hurricane recovery efforts.

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Registration Due For Nov. 8 General Election

ALBANY--The State Board of Elections has reminded all state residents to register to vote for the Nov. 8 general election, if they have not already done so.

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Education Group Seeks Senate Action On School Funding

ALBANY—With the start of another school year and still no action by the state legislature to comply with the order by the state's highest court to fix the school funding system, the Alliance for Quality Education has launched a campaign in 14 communities around the state calling on the State Senate to sponsor legislation that would comply with the state constitutional requirement for a sound, basic education.

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Not Dead Yet Challenges Assisted Suicide Case At Supreme Court

Members of the national disability rights group, Not Dead Yet, will rally Oct. 5 in Washington as the U.S. Supreme Court hears oral argument in two major disability rights cases this term.

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Audit: Mismanagement of Albany Water Board Results In Deficits

The City of Albany Water Board and the Albany Municipal Water Finance Authority have experienced significant operating losses and capital project cost overruns for the past several years. This was caused by poor financial oversight, inaccurate budgets and uncontrolled spending and has led to rapid growth in water rates and cash flow problems for the city, according to an audit released Wednesday by New York State Comptroller Alan G. Hevesi.

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Legislator Says Proposed Budget Amendment “Power Grab”

The proposed state constitutional amendment on the budget is a “perfidious power grab by the most dysfunctional legislature in the nation,” Assemblyman Patrick Manning (R-Dutchess County) told business leaders gathered at The Business Council’s annual meeting last week in Bolton Landing.

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Woman Indicted For Throwing Dog Out Window

A Brooklyn woman has been indicted for assaulting her husband and then tossing his dog out the window of their sixth floor apartment, killing the animal instantly.

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Assemblyman Norman Convicted, Disbarred, Expelled

Brooklyn Assemblyman and Democratic Party head Clarence Norman saw his 23-year legal and political career come to a screeching halt Tuesday when a Brooklyn jury convicted him of three felony counts of taking illegal campaign contributions and a misdemeanor count of concealing the money from his campaign treasurer.

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New Deadly Force Law Takes Effect In Florida Oct. 1

A new anti-crime law that allows people to kill in self-defense without first trying to flee will take effect in Florida on Oct. 1.

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Essex County Sued In Bra-Checking Incident

ELIZABETHTOWN--The Essex County judge-to-be is currently defending a $9 million federal lawsuit against the county in his role as the Essex County attorney.

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Empire Passport Now Available

New York State Office of Parks, Recreation and Historic Preservation Commissioner Bernadette Castro has announced that the 2006 Empire Passport season park pass is available to order through a special limited-time offer.

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Miami Judge Fined $25,000 For Falsified Campaign Reports

MIAMI---A Dade County Court judge has been fined $25,000 by the Florida Supreme Court for improper campaign contributions and improper certification of campaign finance reports.

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Florida Judge Collects $85,000 For Doing Nothing

TALLAHASSEE--James Henson, Ninth Circuit Court Judge of Orange County, appeared before the Florida Supreme Court Tuesday as the court pondered a recommendation from the Florida Judicial Qualifications Commission to remove the judge from office for misconduct.

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Nelson-Cornyn Bill Blocks Federal Funds For Eminent Domain

MIAMI--Florida Democrat Sen. Bill Nelson, vowing to deny federal funds to any city or state project that uses eminent domain for private gain, is co-sponsoring a bill in the U.S. Senate with Republican Sen. John Cornyn of Texas that would reserve eminent domain only for public use projects.

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Court Finds State Liable In 17-Year-Old False Arrest, Assault

Seventeen years after Arnold G. Chapman was beaten by a New York State Trooper and then charged with resisting arrest and obstruction of governmental administration, the Court of Claims has ruled that the state is fully liable for the damages he incurred as a result of the assault and battery and his false arrest which resulted in him being in custody for over six hours.

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Commercial Drivers Face Tough New Regulations

ALBANY—Effective Friday, new amendments to the state’s Vehicle and Traffic Law will take effect toughening consequences for commercial drivers who violate certain provisions of the VTL and the Penal Law. The changes implement federal mandates.

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PEF Study Claims $11 Million In Government Waste By OGS

ALBANY--The New York State Public Employees Federation (PEF) has released the wasfindings of a study that reveals government waste to the tune of $11 million a year by the state Office of General Services. The study was included in testimony before an Assembly hearing on procurement issues Tuesday.

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DMV Fees To Increase Oct. 1

If you’re planning on making changes regarding the title of your vehicle, you’d be wise to do it before Oct. 1.

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Manhattan Nursing Home Billed Medicaid for Dead Patients

A Manhattan health care center has agreed to repay the state $2.3 million to settle claims that the nursing home had billed Medicaid for services provided to Medicaid patients on dates after the patients had died.

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Medical Transporter Admits Medicaid Fraud

The owner of a Westchester County transportation company has admitted to stealing more than $400,000 from the state Medicaid program by fraudulently billing for hundreds of rides that never took place and for rides that were not authorized by medical practitioners.

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Disbarred Nassau Attorney Charged With Larceny

A disbarred attorney has been arrested for allegedly stealing $5,000 from his attorney escrow account.

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Manhattan Judicial Dissatisfaction Headed To Trial

Expressing dissatisfaction with a judge can become a criminal matter as a Manhattan man has found.

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Geisel Pleads to Single Count Of Rape In CBA Sex Scandal

A deal has been reached in the Albany County case which gained national attention in which a former English teacher at a Colonie Catholic prep school was charged with having sex with a 16-year-student.

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Former Roslyn School Chief Pleads Guilty To Larceny

The former superintendent of the Roslyn School District, Frank Tassone of 160 E 88th St. Manhattan, has pleaded guilty to two counts of grand larceny in front of Nassau County Court Judge Alan Honorof, according to the Nassau County district attorney’s office.

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Bike Tour Promoting Healthy Lifestyles Among Children

The New York State Department of Health has kicked off a five-day, six-city Activ8Kids! Promotional Bike Ride and School Recognition Tour in Buffalo. As part of the tour, volunteer bicyclists serving as Activ8Kids! ambassadors will visit seven schools from Buffalo to Albany on their 360-mile tour across Upstate New York this week to promote healthy lifestyles among children. The bike tour will conclude at the Empire Plaza in Albany this Friday, Sept. 30 at 1 p.m.

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Greene County Sheriff Charged With DWI

State Police have arrested Greene County Sheriff Richard Hussey on charges of driving while intoxicated.

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On-Line Hunting Banned

Gov. George E. Pataki has signed legislation that outlaws "on-line" hunting in New York State, whereby people are able to use the internet to fire real weapons at targets or animals in remote locations.

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New State Law Increases Liability For Dog Owners

A new law that will significantly increase the civil liability for the owners of dogs who cause serious personal injury, helping to promote more responsible pet ownership and deter vicious dog attacks has been signed by Gov. George Pataki. The law also provides an incentive to help victims of these attacks receive restitution.

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New York State Troopers To Assist In Louisiana

One hundred New York State Troopers will travel to Louisiana to assist Louisiana State Police in their law enforcement efforts in the aftermath of Hurricanes Katrina and Rita.

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Clerk's Oath An Issue In DeFreestville Incorporation Election

Failing to file one's oath of office isn't just a technicality as the North Greenbush town clerk has learned.

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Federal Court Stops Seizure of Firearms After Katrina

A federal court has issued a restraining order to bar further gun confiscations from peaceable and law-abiding victims of Hurricane Katrina in New Orleans.

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Disgruntled Chester Complainants Seek Arrest of Special Prosecutor

An attorney who claims to represent disgruntled complainants in the eight-year old case against a North Country publisher in which convictions obtained in 2000 were overturned due to violations of the publisher's constitutional rights, is now seeking to file a criminal complaint against the special prosecutor if she submits a bill to the county for her services in the case.

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Former Warren County DA Pleads to DWAI

Former Warren County district attorney H. John Hendley has pleaded guilty to a non-criminal charge of driving while ability impaired after being arrested in July on a misdemeanor charge of driving while intoxicated after he tried to force his way into a closed Queensbury restaurant.

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Ex-Teacher Geisel Expected In Court Monday On Sex Charges

Albany County prosecutors are staying mum about reports that a plea bargain may have been reached in the case of former Christian Brothers Academy teacher Sandra "Beth" Geisel, charged with having sex with a 16-year-student at the Catholic school in Colonie.

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Eminent Domain Reform Addressed

WASHINGTON--The U.S. Supreme Court's decision in Kelo v. City of New London opened up the floodgates to the potential abuse of eminent domain for private gain. But across the nation, lawmakers are hearing from their constituents, who demand enhanced state legal protection now that no federal protection exists. Aligned against homeowners and small businesses are the beneficiaries of the virtually unrestricted use of eminent domain-local governments, developers and planners-who are lobbying to prevent any attempt to diminish their power.

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Guide to Health Insurers Available For New Yorkers

The 2005 New York Consumer Guide to Health Insurers, which allows New Yorkers to compare commercial and non-profit health insurers as well as health maintenance organizations (HMOs) based on a wide range of factors, has been released.

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Teen Dating Violence Spotlighted

A new public awareness campaign created to raise awareness about teen dating violence has been launched by the Governor’s office.

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Former Federal Prosecutor Sanctioned $167,000

TAMPA-- “At some point if you do enough to the powers that be, they’re going to stop you”.

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Two Charged With Leaving Disabled Boy On Queens School Bus

A driver for the Logan Bus Company of Queens and a matron assigned to the driver’s bus have been charged with child endangerment after leaving a five-year-old learning disabled boy alone on a school bus earlier this week. The child’s ordeal lasted more than an hour and only ended when a passerby noticed the child crying hysterically on the unlocked parked bus and rescued him, according to the Queens County district attorney’s office.

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Florida Telemarketing Victims To Receive Restitution

TALLAHASSEE - Victims who were bilked out of more than $150,000 in a foreign currency scam will each receive full and immediate restitution, Attorney General Charlie Crist has announced. A Broward County man has pleaded pled guilty to criminal racketeering, conspiracy and grand theft charges and will provide $150,000 in immediate restitution to 15 victims who either lived in Florida or were victimized when the scam operated from within the state.

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APA Will Name Other Four Employees In Porn Scandal

Although the Office of the State Inspector General found images of nude women on the computers of five employees of the Adirondack Park Agency, only executive director Daniel Fitts was named.

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Contempt Hearing Set In Florida Attorney’s Case

Tampa attorney Mark A. Adams, the subject of criminal contempt charges brought against him by Sixth Judicial Circuit Court Judge Crockett Farnell and the politically connected Battaglia law firm, will appear for a hearing Sept. 30 in St. Petersburg before Judge David Demers, chief judge of the Sixth Judicial Circuit Court of Florida.

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Senate Passes Energy Plan, On To Assembly

The New York State Senate has passed a comprehensive energy plan that would provide motorists with immediate relief from high gasoline prices, ease the impact of skyrocketing home heating costs on senior citizens this winter and address the state's long term energy needs by encouraging the use of alternative energy and conservation.

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Spitzer Says Constitutional Amendment Should Be Rejected

Although New York State government needs to be more helpful to the private sector and more accountable to all New Yorkers, a controversial proposed amendment to the state Constitution would make state government less accountable and should be rejected, state Attorney General Eliot Spitzer told business leaders at the annual meeting of the New York State Business Council’ Wednesday at The Sagamore in Bolton Landing.

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NYC Voters Support Term Limits

The overwhelming majority of New York City voters support strong term limits on the Governor and members of the State Legislature, according to a new survey released Thursday by New Yorkers for Term Limits. The popular reform draws over 70% approval in each borough and tops 75% approval in the African American community.

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Seven Charged With Improper Pesticide Use

Seven individuals has been charged in Nassau County for violating the New York State Environmental Conservation Law. Working with the New York State Department of Environmental Conservation (NYS DEC), the Nassau County district attorney’s office Environmental Crime Unit used an undisclosed location in the county, which appeared to be an unoccupied commercial property, to conduct an Environmental Sting Operation.

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Suspended Indicted Nassau Judge Will Draw Full Pay

Nassau County District Court judge David Gross, free on $500,000 bond on federal charges of money laundering and conspiracy, will continue to receive his full pay even though he has been suspended from judicial duties.

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NYS Ready To Send National Guard To Assist With Rita Rescue

Gov. George E. Pataki has announced that New York State is ready to send New York National Guard personnel and equipment to Texas to assist in rescue, response and recovery efforts following Hurricane Rita if it becomes necessary.

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Schiavo Cries, Dr. Wolfson Says He’s Still Conflicted About Terri

As Michael Schiavo made his first public comments since killing his disabled wife in March, about 60 protestors marched outside the Hyatt Regency Hotel in Minneapolis, MN., Friday where a bioethics conference was being held.

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Right-To-Life Groups To Protest Michael Schiavo Appearance

Right-to-life-proponents will stage a protest Friday outside the Hyatt Regency Hotel in Minneapolis, MN, where Michael Schiavo will be among the speakers at a bioethics conference when euthanasia advocate Dr. Ronald Cranford will be honored.

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New APA Director Accused Of Improper Computer Use

Less than two months after the former executive director of the Adirondack Park Agency resigned following the revelation that he had images of nude women on his office computer, similar accusations have been leveled against the new APA chief.

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Judge’s Removal Sought For Taking Female Defendant Home

A Jefferson County town justice who had already been censured and had received two cautionary letters for judicial misconduct is the subject of a removal proceeding by the state Commission on Judicial Conduct.

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Pataki Endorses $2.9 Billion Transportation Bond Act--Naturally

Gov. George E. Pataki has announced his strong support for the $2.9 billion Rebuild and Renew New York Transportation Bond Act of 2005 that will be put before voters when they go to the polls this November.

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New Law Attacks Identity Theft

New legislation has been signed into law by Gov. George Pataki that will help prevent identity theft by requiring both public and private organizations to notify their customers when they believe a security breach has occurred to their systems that could leave confidential information open to exploitation.

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Hempstead Vendor Charged With Bribery

A vendor who had been doing business with the Hempstead School District has been arrested on charges of bribery and tampering with evidence.

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Senate Democrats Criticize Bruno’s Energy Plan

As the State Senate was called back into session Tuesday, State Sen. Liz Krueger (D-Manhattan) called upon the federal government to address the growing energy crisis, which has resulted in swelling gas prices and fears of a costly winter heating season. “The fact is that rapidly escalating oil prices have drained billions of dollars from New York’s economy, in a massive transfer of wealth from working New Yorkers to big oil companies,” stated Sen. Krueger. “If the cost of oil and gas remain at these incredibly high levels, the costs of almost all consumer products and all sectors of our state’s economy will be negatively impacted. While Hurricane Katrina did highlight the energy crisis for all Americans, we must take a very serious look at long-term proposals that seek to solve the ongoing problems that we face.”

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Sweeney Asks FEMA To Reconsider Aid For NY Counties

WASHINGTON—Rep. John E. Sweeney (R-Clifton Park) sent a letter this week to Acting Undersecretary of the Federal Emergency Management Agency R. David Paulison, urging them to reconsider their decision to deny New York State’s request for emergency aid for 12 counties affected by severe weather earlier this summer. “Earlier this year severe storms caused over $22 million in damages within a 12-county area in New York,” said Rep. Sweeney. “If left to fend for themselves, the relief effort would represent an enormous financial burden on the affected communities. It’s essential we ensure that in the wake of Katrina, the federal government continues to address the emergency needs of our communities here at home.”

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Senate Passes Tax Write-Off For Trade Center Memorial

The New York State Senate has given gave final legislative passage to a bill sponsored by Senator Nick Spano (R,C,I - Westchester), that would provide a tax check-off box on personal income tax and corporate franchise tax returns for gifts to the World Trade Center Memorial Foundation.

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Key NYRA Officials Indicted For Jockeying Weights

Two key track officials at the New York Racing Association (NYRA) have been indicted for their role in a scheme that falsely reported the weight of jockeys participating in thoroughbred horse races at state-owned tracks.

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Westchester Real Estate Firms Allegedly Discriminated

Consent decrees have been filed in federal court in White Plains involving two Westchester real estate brokerage agencies alleged to have discriminated on the basis of race and ethnicity against individuals seeking to rent apartments in primarily white Westchester neighborhoods.

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Federal Schiavo Judges Target of Threatening Letters

A Florida inmate has received the maximum sentence of 10 years in federal prison after pleading guilty to mailing threatening letters to President George Bush and family, several U.S. Supreme Court judges and several judges of the 11th Judicial Circuit.

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National Archives Offers Programs In Honor Of Constitution Day

This month, the National Archives continues its popular tradition of celebrating Constitution Day. The National Archives has the original Constitution on permanent display in the Rotunda for the Charters of Freedom. For the first time, National Archives programs in honor of Constitution Day, September 17, will extend far beyond one day and far beyond the Rotunda to reach thousands of citizens, teachers, and students nationwide. http://www.archives.gov/

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Aretakis Charged With Stealing Briefcase of Diocese Server

Albany attorney John Artetakis, at the center of clergy sexual abuse claims against the Roman Catholic Diocese, has been arrested for allegedly stealing the briefcase of a process server working for the diocese.

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New Booklet Highlights Operation of State Court System

An overview of how New York State courts are organized and the kinds of work they do is presented in a new publication entitled “The New York State Courts: An Introductory Guide” presented by the New York State Unified Court System.

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DOH Proposes Patient Interpreter Services

State Health Commissioner Dr. Antonia C. Novello has proposed patient interpreter services as part of new regulations that would help ensure the delivery of quality health care to hospital patients with limited English proficiency or disabilities.

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Eviction Notices Rescinded In Kelo Eminent Domain Case

Bowing to an order by Connecticut Gov. M. Jodi Rell, the New London Development Corporation—the organization of un-elected officials who have been abusing the government’s power of eminent domain—has agreed to rescind notices to evict sent to New London, Conn., homeowners.

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Weinstock Appeal Charges Prosecutorial Misconduct

Robert S. Catz, a Washington D.C. civil rights attorney and counsel for disbarred New York attorney Israel Weinstock, has filed a brief with the U.S. Court of Appeals for the Second Circuit in Manhattan in response to the March 17 decision of the “Grievance Committee of the United States District Court for the Southern District of New York v. Israel Weinstock” that stripped Israel Weinstock of his federal license to practice law.

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Med Mal Premiums Exceed $100,000 In NYS

Medical malpractice premiums for some specialties in New York can exceed $100,000 in some areas of the state, according to a new analysis by Excellus BlueCross BlueShield insurance company.

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Project ChildSafe Offers Free Gun Locks

A second round of free gun locks is now available throughout New York, through Project ChildSafe.

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Nassau Cop Charged With Perjury

Former Nassau County Police Officer Craig T. Buonora has been indicted by a Grand Jury for the crime of perjury in the first degree, a Class D felony, for allegedly testifying falsely on March 17 before a Mineola Grand Jury in a case involving an allegation of weapon possession by a subject.

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Upstate Justices Censured For Ticket-Fixing

Ticket fixing is alive and well in New York State.

Two upstate town justices have been censured by the New York State Commission on Judicial Conduct for calling upon their fellow justices to take care of tickets received by their friends or in the case of one judge, Daniel LaClair of the Clinton Town Court in Clinton County, his wife.

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PERSPECTIVES

We, The People Must Make Government Representative
by June Maxam

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Michael Schiavo Book Due Out On First Anniversary of Terri’s Death

A former Los Angeles television producer has entered into an agreement with New York publisher Dutton Publishing Co. to write a book chronicling Michael Schiavo’s side of the Terri Schindler-Schiavo case.

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Garcia Wins Nomination For Essex County DA
Former prosecutor and current defense attorney Julie Garcia of Schroon Lake won the Republican nomination for Essex County district attorney Tuesday, defeating her two challengers by wide margin but all three will face off again in November.
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Daniels Resigns As Secretary Of State
ALBANY—Secretary of State Randy A. Daniels has submitted his resignation effective Sept. 23 for the $120,800 a year post, presumably to seek the Republican nomination for Governor in 2006.
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Probation Officer Sentenced For Keeping Fines
A former probation officer with the Franklin County probation department was sentenced to five concurrent terms of two to six years in state prison for stealing from clients.
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Hearings Set On Medicaid Fraud Legislation
A public hearing to receive comment on legislation to combat the problem of Medicaid fraud will be conducted by the New York State Senate Wednesday, Sept. 21 beginning at 10 a.m. in Hearing Room A of the Legislative Office Building in Albany. The hearing will be conducted jointly by the Senate Committees on Health and Social Services, Children and Families along with the Senate Medicaid Reform Task Force, co-chaired by Sen. Kemp Hannon and Sen. Raymond Meier..
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Health Department Wins Best of The Web Award
ALBANY--State Health Commissioner Antonia C. Novello has announced that the department has received the New York State Forum's prestigious 2005 'Best of the Web' Award for its state-of-the-art and user-friendly web site, www.nyhealth.gov.
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Geisel Pleads Not Guilty to Sex Charges
The former teacher at Christian Brothers Academy pleaded not guilty Tuesday in Albany County Court to three counts of third degree rape and a count of performing a criminal sexual act in connection with alleged sexual encounters with a 16-year-old student in May.
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17 Charged In Home Improvement Fraud In Nassau County
Seventeen individuals have been charged in connection with home improvement fraud as a result of arrests in Nassau County. Three of those charges have had their vehicles seized and two of the 17 individuals are charged with felonies punishable by up to seven years in prison.
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Car Dealer Charged With Altering Odometer
The owner of a Utica automobile dealership has been arrested for allegedly tampering with the odometer of a used car.
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Federal Indictment Against NYRA Dismissed
"The franchise to operate Saratoga, Belmont and Aqueduct race tracks will be worth much more when it is put up for bid if the reforms achieved at the New York Racing Association over the last two years are preserved and sustained,” said New York State Comptroller Alan G. Hevesi as the U.S. Attorney for the Eastern District moved to dismiss the deferred indictment against the Association and the court-appointed monitor issued its report.
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Former Queens Pastor Ordered To Repay Stolen Church Funds
The former pastor of the Morning Star Missionary Baptist Church in Jamaica, Queens, has been ordered to repay more than $31,800 in stolen church funds which he used to pay for personal expenses such as car expenses and vacations.
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