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Archive for the tag 'courts'

The following is a press release from the New York State Bar Association:

ALBANY, NY (11/06/2012)(readMedia)– New Yorkers with legal problems related to Superstorm Sandy can receive free advice from volunteer lawyers through a program sponsored by the New York State Bar Association, President Seymour W. James, Jr. announced today.

“We know there will be a great need for legal assistance in the coming weeks,” said James (The Legal Aid Society in New York City). “We are grateful to attorneys who go above and beyond to serve their communities.”

Volunteer attorneys will answer storm-related questions about insurance, real estate issues (landlord-tenant and other property disputes) and general legal matters, such as replacing missing wills and other documents.

Storm victims seeking legal advice can call a toll-free hotline: 1-800-699-5636. They will receive the name and phone number of a volunteer attorney. Callers will be eligible for a free legal consultation of up to 30 minutes, either by phone or in person.

Individuals whose applications for emergency assistance are rejected by the Federal Emergency Management Agency (FEMA) will be able to speak with an attorney about how to appeal the decision.

The Association’s Lawyer Referral and Information Service (LRIS) is coordinating the program in partnership with the American Bar Association’s Young Lawyers Division. They are working closely with local bar associations, legal assistance providers, community programs and local officials in storm-battered areas of the state.

Attorneys wishing to volunteer can visit www.nysba.org/DisasterVolunteerSandy or call 518-463-3200.

Gallo

Republican Russ Gallo is screaming “Shenanigans!” after the latest round of Board of Elections bungling handed the Independence Party ballot line over to Democrat Ben Akselrod, and turning the November election into a three-way race.

Akselrod lost his Democratic primary bid for Assemblyman Steve Cymbrowitz’s seat but, at first, appeared to pick up enough write-ins to win the Independence Party line. That honor was also sought by Gallo, who kicked off his own write-in campaign in the September 13 primary.

Initial counts showed Akselrod won by three votes out of just 39 Independence ballots cast. But Gallo said that at least 21 Independence Party members signed in to vote but were mistakenly given Democratic ballots, causing their votes to be invalidated. And many of those votes, Gallo said, would have gone to him.

Gallo took Akselrod and the Board of Elections to court over the matter, and, following an October 3 hearing, the court agrees: the Board of Elections botched the job. But the court also said it’s too late to do anything about it.

“The judge agreed that the Board of Elections screwed up, but refuses to make them fix the situation simply because they say they can’t,” Gallo said in an e-mailed statement. “We will never know who truly deserved to be the Independence candidate because we’ll never know who actually won the Election.”

Keep reading to find out what the court said, and see the documents.

Lipsky on CUNY TV (Source: cuny.tv)

Longtime lobbyist Richard Lipsky, who pleaded guilty to bribing ex-State Senator Carl Kruger, has been busy sharing his secrets with federal prosecutors, according to court papers released yesterday and first reported by the Daily News. Acting in full cooperation with with the feds, Lipsky hopes his actions will result in leniency when Federal Judge Jed Rakoff announces his sentencing this Thursday.

Lipsky faces a maximum of six years for his crimes, as he pleaded guilty to giving $260,000 in bribes to Kruger through dummy companies that Kruger controlled with gynecologist and close personal associate Dr. Michael Turano. Lipsky’s level of cooperation with federal officials has been sufficient to the point where prosecutors have included a three-page letter to Judge Rakoff requesting leniency.

“Lipsky credibly described the origin of his corrupt relationship with Kruger during his proffers with the government,” prosecutor Glen McGorty told the Daily News, adding that the information Lipsky supplied has been useful in expanding the investigation to “numerous other persons.” References to who these persons might be, and what these investigations might entail, have been redacted from the sentencing letter to “preserve the integrity of ongoing law enforcement investigations.”

The full extent of windfall Lipsky is offering might be reflected in how lenient Judge Rakoff’s sentence is this coming Thursday, but, according to a New York Times piece this morning, pols across the city are already sweating over the potential of a new round of indictments.

“I thought, ‘Who did Lipsky turn on?’ ”State Senator Liz Krueger told the Times. “I bet many people in elected office and in the lobbying world said to themselves, ‘I wonder if it’s X.’”

A process server representing the owners of a proposed bar and restaurant in Gravesend that was denied a liquor license interrupted Community Board 15′s September meeting last night, serving papers for a $180 million lawsuit that claims the Board conspired to defame the owners, and discriminated against them based on their Russian roots.

Pleasure Island, also known as Galaxy, located at 816 Avenue U, was denied a liquor license by the State Liquor Authority in 2011 – and again by the Community Board earlier this year – after locals learned of plans to reactivate a bar that some said was a hotbed for underage drinking and rowdiness. The lawsuit claims, though, that those neighbors were misled by numerous community leaders in a smear campaign orchestrated by Community Board 15 Chairperson Theresa Scavo, possibly for discriminatory reasons.

“She’s saying these people aren’t Jewish enough,” Susan Bernstein, the plaintiffs’ attorney, told Sheepshead Bites. “She wants what she wants in that neighborhood. A Community Board isn’t a despotic agency that can decide what business can open and close. They spread intentional lies about the two individuals involved.”

Keep reading, and view the lawsuit documents.

Image courtesy of the offices of Mayor Michael Bloomberg

The hotly-debated plan to sell 18,000 permits for cabs and 2,000 new medallions for wheelchair-accessible cabs to service the five boroughs has crashed.

Last Friday, a judge rejected the Taxi and Limousine Commission’s “Five Borough Taxi Plan,” which would have allowed livery cabs to pick up street hails in upper Manhattan and the outer boroughs.

The Granny Smith-colored cabs were the apple of Mayor Bloomberg’s eye. They were set to bring in a much-needed $635 million, although other sources have listed the revenue as high as $1 billion, for this year’s budget.

“The reality is we now have a $635 million hole in our budget because we lose projected revenue from the sale of taxi medallions,” said Manhattan Borough President Scott Stringer. “More importantly, New Yorkers beyond Manhattan, the people who live in our boroughs, are going to be treated like second-class citizens.”

The plan would have opened up cab service to all five boroughs for the first time ever. However, State Supreme Court Judge Arthur Engoron said the city violated the state constitution by circumventing the City Council and getting Albany to approve the taxi plan instead of its own legislature.

The medallion-holding yellow cab drivers are thrilled the judge ruled in their favor.

“We applaud the judge’s decision and we believe we are going to find a solution but not a solution that hurts two industries, that divides two industries,” said Fernando Mateo of the New York State Federation of Taxi Drivers.

City Hall plans to appeal the decision.

Andrew Goodman (via NY Post)

Assemblyman Steven Cymbrowitz is demanding a tough sentencing of a confessed Midwood child molester a judge plans to put back on the streets just in time for the school season to start.

Cymbrowitz sent a letter to the judge overseeing the case of Andrew Goodman asking that he dole out a seven-year sentence during proceedings today to the admitted child sex offender instead of a rumored two-year sentence with time served – which would have Goodman back in the pol’s district by September.

Goodman pleaded guilty to two counts of child molestation in June, and has been in jail for two years after failing to post a $1 million bail.

“When you impose punishment for Andrew Goodman’s unspeakable crimes, you have the opportunity to send a clear message not just to the defendant but to his victims, their families and the entire community,” Cymbrowitz wrote to the judge. “Your judgment can provide some degree of closure to this terrible episode, or it can leave a raw, open wound from which the victims may never heal. Your judgment can demonstrate an unshakable commitment to protect the rights of victims, especially the most vulnerable, or it can extend mercy to an offender whose heinous acts are, frankly, beyond our comprehension.”

The seven-year sentence was recommended by the Brooklyn District Attorney’s office.

Goodman, 27, became the poster boy for child molestation in the Orthodox Jewish community after the New York Post published his name and photo when he was busted by the Brooklyn DA’s office in a three-year initiative called Kol Tzedek, Hebrew for “voice of justice.” The sweep netted 85 members of the community charged with molesting 117 predominantly male children over three years.

Goodman faced a 144-count indictment for molesting, filming and threatening young boys in the neighborhood. According to court documents reported by the New York Post last year, Goodman held booze-fueled parties in his home while screening child porn, and also “threatened the life” of a boy who reported him to authorities.

According to the Post, Goodman was caught on camera inviting teens into his home – after his indictment in 2010.

“Andrew Goodman’s victims aren’t yet free of the burden of his crimes. It seems just and reasonable that he shouldn’t be free anytime soon, either,” Cymbrowitz said.

Sachakov

A Brighton Beach proctologist was convicted last week in Brooklyn Federal court for $3.5 million of fraudulent practices involving Medicare and several private healthcare organizations.

Boris Sachakov of Colon and Rectal Care of New York in Brighton Beach, was arrested in October 2010 for fraudulent medical claims in which he said he performed more procedures than any other proctologist in the nation. However, investigators concluded he was merely billing insurance companies for no treatment at all – and, in some cases, totally implausible claims such as charging more than $60,000 for 85 hemorrhoidectomies on a single patient in 20 months.

According to the New York Post, Sachakov allegedly yelled and threatened to punch his prosecutors for pointing at him during his trial. A short hearing pertaining to this incident was held after the trail.

Sachacov faces up to 10 years in jail and a fine of $250,000. He has now been placed in custody, where he will stay until his official sentencing.

Livery cab lawsuit NYC

Source: Omnibus, Uris via Wikimedia Commons

New York State Supreme Court Justice Arthur Engoron put the brakes on city’s plan to create a new class of taxis to serve neighborhoods in Brooklyn, northern Manhattan and other areas.

The judge issued a temporary restraining order blocking Mayor Bloomberg from implementing the city’s Outer Borough Livery Street Hail and Taxi Medallion Plan, otherwise known as the HAIL Law, which was put into effect on June 1.

If enacted, the law would allow 18,000 livery cabs to pick up street-hail passengers outside central Manhattan and bring in about $1 billion to the city’s budget.

The lawsuit was brought on by the Metropolitan Taxicab Board of Trade.

“Obviously, anything that affects New York City affects the state in which it is situated, and just as obviously non-New York City residents can (and do, in droves) spend time in New York City.  But, generally speaking, these facts cannot satisfy the Home Rule requirements or nothing would be left of the rule but the exceptions, ” wrote Justice Engoron in his ruling.

Continue Reading »

Madison H.S. (Source: Schools.nyc.gov)

A 36-year-old Madison High School teacher stands accused of having sex with a 16-year-old pupil on and off school grounds, as well as sharing marijuana with the youth.

The charges were revealed yesterday when a lawyer for the student’s family filed a $10 million notice of claim, charging that teacher Erin Sayar had sex with a 16-year-old she privately tutored between eight and 12 times last year, and also offered him pot from a stash kept on school grounds.

Continue Reading »

Sachakov

Witnesses testified on Thursday against a proctologist accused of bilking Medicare and private healthcare programs out of $22.5 million through his Colon and Rectal Care of New York in Brighton Beach.

Federal agents arrested Dr. Boris Sachakov in October 2010, initially charging him with Medicare fraud to the tune of $3.5 million over two years. The investigation turned up additional charges, however, after authorities discovered more improper billing through private insurers.

Continue Reading »

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