NYSBA Elder Law Section: POA Revision Delayed Until 9-01-09

We are pleased to report that Governor Patterson has signed legislation extending the effective date of the new Power of Attorney statute which delays its effective date from March 1, 2009 until September 1, 2009.

I also want to thank the efforts of NYSBA staff members Ronald Kennedy and Kevin Kerwin in helping get this change approved by the Assembly and Senate and signed into law by the Governor.

We will be updating you more extensively on this new statute by enews and at upcoming programs including our Section’s Unprogram in Poughkeepsie on April 23 and 24, the Basic Skills programs at many sites in early May and at our Summer meeting in Washington D.C. July 23-26.

Timothy E. Casserly, Esq.
Chair, Elder Law Section

Safari 4.0 Beta

Apple – Safari – Introducing Safari 4 – See the web in a whole new way

Safari 4 Beta is available for download here.

Safari 4.0 Beta is for both Windows and Mac. The new features are many, including Top Sites, which provides easy access to your most visited sites. Cover Flow from iTunes is added for your history or bookmarks. Tabs are now on top ala Chrome. This takes a bit of getting used to.

Safari 4.0 Beta does seem faster and the screen is larger with the tabs on top.

This Beta is ready for you to try. See if you find the new features useful. Warning: some of your 3rd party plugins, etc. may not yet be updated.

FINDLAW:Daily Opinion Summaries for U.S. Supreme Court -02/25/09

ANTITRUST & TRADE REGULATION, COMMUNICATIONS LAW, CYBERSPACE LAW

Pacific Bell Tel. Co. v. Linkline Comms., Inc., No. 07-512
In an antitrust action alleging a “price squeeze” claim, denial of judgment on the pleadings for Defendant is reversed, where such a claim cannot be brought where the defendant is under no antitrust obligation to sell inputs to the plaintiff.

.

CIVIL RIGHTS, COMMUNICATIONS LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE

Pleasant Grove City v. Summum, No. 07-665
In a First Amendment action claiming that Plaintiff was entitled to place a monument in a public park where Defendant city had allowed other monuments, denial of a preliminary injunction is affirmed, where the First Amendment does not apply to government speech.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 02/24/09

ADMINISTRATIVE LAW, GOVERNMENT LAW

Criscolo v. Vagianelis, No. 20
In an Article 78 challenge to Department of Correctional Services rules requiring certain DOCS employees to conduct Title III administrative hearings, dismissal of the petition is affirmed, where the requirement was not unreasonable.

CRIMINAL LAW & PROCEDURE, SENTENCING

People v. Quinones, No. 14
Defendant’s burglary sentence was affirmed, where New York’s discretionary persistent offender sentencing laws did not violate Apprendi because they required the jury to find that the defendant was a persistent offender.

INJURY AND TORT LAW, INSURANCE LAW

Fasso v. Doerr, No. 21
In a medical malpractice action, the dismissal of Intervenor-Insurer’s equitable subrogation claim is reversed, where there was insurance coverage remaining after the amount Defendant paid to Plaintiff in settlement.

NOTICE – To all members of the Northern District Bar-NY

The United States District Court for the Northern District of New York is

seeking qualified applicants for the position of a full-time United States
Magistrate Judge to be located in Syracuse, New York. The Public
Announcement and Application Form are available on the Northern District of
New York website at:

http://www.nynd.uscourts.gov/documents/newmagistratejudgepublicnotice09.pdf

Thank you

Lawrence K. Baerman, Clerk

FINDLAW: Daily Opinion Summaries for U.S. Supreme Court – 2/24/09

ADMINISTRATIVE LAW, INDIAN LAW, PROPERTY LAW & REAL ESTATE

Carcieri v. Salazar, No. 07-526
In a challenge to the Interior Secretary’s holding of lands in trust for Indians under 25 U.S.C. section 465, judgment for Defendants is reversed, where the term “now under federal jurisdiction” refers to a tribe that was under federal jurisdiction at the time of the statute’s enactment.

CIVIL RIGHTS, CONSTITUTIONAL LAW, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW

Ysursa v. Pocatello Educ. Ass’n., No. 07-869
In a First Amendment challenge to a law prohibiting public employees from making payroll deductions for political activities, summary judgment for Defendant is affirmed, where the First Amendment does not confer a right to use government payroll mechanisms for political expression.

CRIMINAL LAW & PROCEDURE, FAMILY LAW

US v. Hayes, No. 07-608
Defendant’s conviction for possessing a firearm under 18 U.S.C. section 921 is affirmed, where a domestic relationship between the offender and victim need not be an element of the defendant’s “misdemeanor crime of domestic violence” to trigger Section 921′s possession ban.

The Art of Negotiation


The Art of Negotiation, by Dina R. Jansenson (Flemming Zulack Williamson Zauderer LLP) is an outline designed to help you learn what negotiation is about.

Jensenson offers a broad view of the concepts of negotiation, as well as a review of the five stages of the negotiation process: Preparation; Relationship Building; Information Gathering & Exchange; Problem-Solving/Bargaining; Designing & Closing the Agreement.

Download the full text of the outline for free here.

NY: Understanding the Revised Power of Attorney Statute


The New York Law Journal – Free With Registration: Elder Law

Elder Law

Understanding the Revised Power of Attorney Statute

By Daniel G. Fish
February 24, 2009
A recent amendment to the General Obligations Law1 has made a total revision to the power of attorney statute. It is hard to exaggerate the scope of the change. Four sections were repealed, 12 sections were amended and 13 new sections were added. Only two sections of the prior law were neither repealed nor amended.

***

Read the full text of the article here.

How to Present While People are Twittering


How to Present While People are Twittering | Pistachio
Posted by Tamar Weinberg
>
This is a guest post from esteemed presenter and expert Olivia Mitchell.

People used to whisper to each other or pass hand-scribbled notes during presentations. Now these notes are going digital on Twitter or via conference-provided chat rooms.

Up until now, this back-channel has been mainly confined to the Internet industry and technology conferences. However, a survey of leadership conferences from Weber Shandwick shows that there is a significant increase in blogging and twittering at conferences.

So the next time you present at a conference, instead of being confronted by a sea of faces looking at you, you may be phased by a sea of heads looking down at their laptops. The challenge is how to adapt to presenting with the back-channel.

***

This practical article is required reading for those who present to audiences equipped with Twitter.

Prof. Salkin on NY Climate Change Case


In Important Climate Change Case NY Appeals Court Upholds Denial of Site Plan Based On Significant Increase of Air Emissions ォ LAW OF THE LAND

***

Laidlaw Energy & Environmental, Inc. v. Town of Ellicottville, 2009 WL 281804 (N.Y.A.D. 4 Dept. 2/6/2009).

The full text of the opinion can be accessed at:http://www.courts.state.ny.us/ad4/court/Decisions/2009/02-06-09/PDF/1659.pdf

 

Special thanks to Daniel Spitzer, Esq. of Hodgson Russ LLP in Buffalo, NY for this case abstract.

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