Archive for the tag 'brooklyn supreme court'

(Source: GerritsenBeach.net / Flickr)

Elizabeth Villafane, a resident of Coney Island, is claiming in a lawsuit that a New York Police Department officer fired one to two shots at her and her dog, according to a DNAinfo article.

Villafane has three kids and lives in a New York City Housing Authority building. In the lawsuit, Villafane claims that she had been expecting her mom when two officers came to her apartment to execute a warrant and arrest her for a ticket she had received previously for not leashing her dog outside.

Here’s the story from DNAinfo:

“Bubba is a greeter. Every time I open the door, he wants to go out and smell whoever is there,” Villafane told DNAinfo New York.

But the 115-pound hound apparently startled the officer, who ran down the building hallway [when the dog came to the door]. Then Bubba took after the officer, with Villafane chasing after the dog to grab him.

“The worst thing you can do with Bubba is run because he thinks you want to play,” Villafane said.

When a second officer farther down the hallway spotted the canine, he got out his revolver, according to the lawsuit. Seeing the drawn gun, Villafane wrapped her arms around Bubba — but the officer still fired one to two shots at them, the lawsuit says.

The officer missed Villafane and her dog, according to the lawsuit. The suit was filed on December 17 in Brooklyn’s Supreme Court.

Source: NYC Dept. of Parks and Recreation

Source: NYC Dept. of Parks and Recreation

Opponents of the planned construction of the new public bathrooms in front of the Oceana luxury condo buildings (50 Oceana Drive West) scored a victory as the Brooklyn Supreme Court signed a preliminary injunction blocking the city from continuing construction, at least until a detailed environmental impact study has been conducted. In a press release, Assemblyman Steven Cymbrowitz hailed the decision as a “preliminary victory” for residents who do not want a bathroom blocking their ocean view.

When we last visited the bathroom saga, Cymbrowitz had demanded that the city just give up their plans to go ahead with construction altogether. The planned construction met controversy when Oceana residents initially complained that the bathrooms would be a hotspot for the homeless and rambunctious teenagers looking to cause trouble. Their complaints were ignored but the plans were halted when builders hit bedrock in their construction, forcing a reexamination of their plans. The delay in construction allowed Oceana residents to hire lawyers and petition political heavyweights including Senator Charles Schumer.

Cymbrowitz expressed hope that this preliminary victory was a sign that the bathrooms will never be built.

“After a long, hard battle, this preliminary decision marks a satisfying victory for Oceana residents as well as vindication that the city erred in not conducting the necessary environmental review before bulldozing the beach,” Cymbrowitz said in the release. “There’s still a long road ahead, but this is a promising first step.”

Personally, I want this situation to be resolved, one way or another, so I can finally stop writing about rich people and their toilet problems.

Source: assembly.state.ny.us

Source: assembly.state.ny.us

New York State Assemblywoman Helene Weinstein is hoping voters will approve a law that extends the required retirement ages of  judges past 70 years old. The Brooklyn Daily Eagle is reporting that Weinstein and other advocates believe that the current law is outdated and doesn’t account for advances made in health care.

The current law requires that appointed New York State judges must retire at 70 years old. They can apply for three two-year extensions that allow them to keep serving until 76 years old as long as they have no pressing mental or physical disabilities. Judges who are elected face no mandatory retirement age.

Brooklyn Supreme Court Judge Barry Kamins expressed his opinion that the law ought to be changed.

“The current requirement that certain judges must retire at 70 and others at 76 is an outdated rule that was created at a time when the life expectancy of the population was much lower than it is today,” Kamins told the Daily Eagle. ”We have experienced and enthusiastic judges who are eager to remain on the bench and who could contribute so much to the court system. They should not be forced to retire because of a rule that has no relevancy in the 21st century.”

The Daily Eagle cited statistics that do indeed show that people are living longer and healthier lives:

With advancements in medical technology and an awareness of  diet and exercise, people are living longer lives. A report issued by the World Health Organization estimates that the life expectancy for individuals in high-income countries, such as the United States, is 80 years of age.  United States Supreme Court Justice John Paul Stevens, who retired from the bench at the age of 90, mused to a Washington reporter that he “may have jumped the gun a little bit.”

This past January, Weinstein introduced an amendment called, “Increasing Age Until Which Certain State Judges Can Serve,” which would extend the required retirement age to 80-years-old for Court of Appeals judges. It would also allow state Supreme Court judges five two-year extensions past the age of 70.

Voters will have a chance in the November election to decide whether to extend the retirement age for state judges.

John Hockenjos, an MTA worker, was charged with reckless endangerment for allegedly try to run over a police officer.

Hockenjos (Source: NYDailyNews.com)

Diego Palacios, the police officer kicked off the force after his bogus arrest of a Sheepshead Bay man, may have been sentenced to four days in prison – but he served only one night.

New York Post picked up on our exclusive story last week – without giving credit to Sheepshead Bites – noting that Palacios pleaded guilty in exchange for a sentence of four days in prison and his resignation from the NYPD. The paper learned that Palacios had to spend only a single night behind bars, though.

Palacios was imprisoned after the Thursday afternoon hearing, in which he admitted to filing a false police report that claimed Sheepshead Bay resident John Hockenjos attempted to run the officer over with his car. That four-day sentence meant that Palacios would have been a free man again on Sunday.

But the sweetheart deal for a man who nearly put an innocent man in jail for seven years got even sweeter for Palacios: state law requires that inmates scheduled for discharge on a weekend should be freed on Friday.

Palacios spent the night in jail, and was freed the next day.

Hockenjos is fuming over the short prison sentence, and afraid for his safety.

“He’s a free man to do whatever he wants,” Hockenjos told Sheepshead Bites last week. “And I have to be in pure fear that there could be retribution. I should not be in this position.”

Video that saved Hockenjos from heading to prison after being falsely accused by Palacios of attempting to run him down in his car.

John Hockenjos, an MTA worker, was charged with reckless endangerment for allegedly try to run over a police officer.

Hockenjos in front of the courthouse. (Source: NYDailyNews.com)

YOU READ IT HERE FIRST: A cop who falsely claimed that a Sheepshead Bay man tried to run him down in a car was sentenced to four days in prison – only one day more than his victim was locked up based on the officer’s bogus charges.

Officer Diego Palacios pleaded guilty at a hearing on Thursday in Brooklyn Supreme Court in exchange for a sentence of four days and his resignation from the New York City Police Department, the District Attorney’s office told Sheepshead Bites.

The three-day sentence has Palacios’s victim, East 23rd Street resident John Hockenjos, furious – and afraid for his safety.

“This individual spends four days in prison, with no probation, and he gets out of jail today or tomorrow and he’s a free man to do whatever he wants,” Hockenjos told Sheepshead Bites. “And I have to be in pure fear that there could be retribution. I should not be in this position; there should at least be probation.”

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Source: Rodrigo Moraes via Wikimedia Commons

Lea Shimunov, a 47-year-0ld Sheepshead Bay housewife, broke her teeth when she was scarfing down some peanut M&Ms, and is filing a suit against the monolithic Mars candy corporation in Brooklyn Supreme Court, according to a report in the New York Post.

After purchasing a medium-sized bag of peanut M&Ms at the Duane Reade located at 2931 Avenue U in December 2011, Shimunov allegedly bit into a “petrified peanut,” painfully shattering several teeth in the process.

“There was either a foreign object that was made into a M&M, or it may have been a petrified peanut,” lawyer Robert Berkowitz told the New York Post.

I thought M&Ms were supposed to melt in your mouth… not break your jaw.