Ex-NYPD Commissioner Pleads Guilty to Federal Charges

U.S. V. BERNARD KERIK
(U.S. Dist. Ct., S.D.N.Y., Nov. 5, 2009) – Former NYPD Police Commissioner Bernard Kerik pleaded guilty today in federal court in a case accusing him of criminal conspiracy, tax fraud, making a host of false statements to both federal agents and New York City investigators, and lying on a loan application for his New York City apartment.

New York Court of Appeals: Judges Broaden View on Standing to Challenge Under SEQRA

The New York Law Journal – Free Breaking News: Judges Broaden View on Standing to Challenge Under SEQRA

In a case closely watched by environmental groups and government regulators, the Court held that those who live in or adjacent to environmentally sensitive areas are not the only people who can challenge a project’s effects under the State Environmental Quality Review Act (SEQRA).

But the judges cautioned in their ruling in Matter of Save the Pine Bush Inc. v. Common Council of the City of Albany, 134, that standing in environmental cases for interested parties is not automatic and that more than “perfunctory allegations of harm” are required.

T.Y. v. N.Y. City Dep’t of Educ., No. 08-3527 (2d Circuit)

In an action for tuition reimbursement under the Individuals with Disabilities Education Improvement Act (IDEA), summary judgment for defendant department of education is affirmed where: 1) because the IDEA does not require that an Individualized Education Plan (IEP) name a specific school placement, plaintiff-child’s IEP was not procedurally deficient; and 2) there was substantial evidence in the record that the IEP provided significant benefits to plaintiff in addressing his problematic behaviors. Read full text of decision.

SUPREME COURT PREVIEW—WEEKLY SUPREME COURT BLASTS

Each week all amicus and merit briefs for upcoming Supreme Court cases are posted online at www.supremecourtpreview.org. Be sure to stay on top of these postings and sign up for the weekly e-blast to receive notice of these updates. The weekly briefs e-blast is sent out every Friday afternoon.

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Hat Tip to: LawMatters, the news source for the Law-Related Education (LRE) community. Subscribe for Free here.

High Court Rules Paterson’s Appointment of Ravitch Constitutional

The New York Law Journal -Free Breaking News: High Court Rules Paterson’s Appointment of Ravitch Constitutional

Read entire report from NYLJ

Full text of decision.

Federal judge rules New York violating ADA by segregating mentally ill adults

JURIST – Paper Chase: Federal judge rules New York violating ADA by segregating mentally ill adults

Jaclyn Belczyk at 3:29 PM ET

[JURIST] A judge in the US District Court for the Eastern District of New York [official website] ruled [opinion, PDF] Tuesday that the state of New York has violated the Americans with Disabilities Act (ADA) [text; materials] by segregating mentally ill New York City residents in private homes under poor conditions.

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Hat tip to Jurist Paper Chase-Newsburst.

ABA Files Suit Against FTC Over Applying Red Flags Rule to Lawyers

The BLT: The Blog of Legal Times : ABA Files Suit Against FTC Over Applying Red Flags Rule to Lawyers

(Updated 1:51 p.m.)

The American Bar Association filed suit today in the U.S. District Court for the District of Columbia against the Federal Trade Commission, seeking an injunction to block the application of the so-called Red Flags Rule to practicing lawyers.

The ABA’s 20-page complaint (.pdf), was filed by a team from Proskauer Rose.

FDCPA: Second Circuit Certifies Questions to NY Court of Appeals

Kuhne v. Cohen & Slamowitz, LLP, No. 08-1669

In an action under the Fair Debt Collection Practices Act claiming that defendants illegally attempted to collect a debt because they were not licensed to do so in New York, the Court of Appeals certifies the following questions to the New York Court of Appeals: 1) whether defendant was a “debt collection agency” under the pre-amendment version of New York City Administrative Code section 20-489(a); and 2) if so, whether defendant violated New York Gen. Bus. Law section 349.

NY: Revocation of Lawyer’s Pension Violated Due Process, Judge Says

The New York Law Journal – ; Revocation of Lawyer’s Pension Violated Due Process, Judge Says

By Vesselin Mitev
August 27, 2009

State Comptroller Thomas P. DiNapoli improperly revoked the $106,000 annual pension of a Long Island lawyer, an Albany judge has ruled in ordering the state to restore the benefit.

The state violated Albert D’Agostino’s due process rights by “depriving him of continuing retirement benefits prior to granting him a hearing and by failing to provide adequate notice” of the case against him, Acting Supreme Court Justice Gerald W. Connolly ruled in D’Agostino v. DiNapoli, 8134-08.

Primary Source Documents: CIA interrogation report

JURIST – Paper Chase: Obama administration releases highly anticipated CIA interrogation report

On Monday the DOJ released a much anticipated 2004 Central Intelligence Agency inspector general report [text, PDF] detailing controversial interrogation techniques used on terror detainees.