NYSBA Pro Bono Appeals Program

The New York State Bar Association is proud to provide an innovative Pro Bono Appeals Program that offers free representation to individuals of modest means in selected appeals to the Appellate Division in both the Third and Fourth Departments.

The Program, which began in the Third Department three years ago, was recently expanded to the Fourth Department. Family law appeals have proven to be the area of greatest need. The Program also offers appellate representation in cases involving education, health, housing, unemployment insurance, and worker’s compensation. The Association’s Committee on Courts of Appellate Jurisdiction selects cases based on several factors, including the merits of the issues raised and the potential impact of the case.

If you have clients of modest means who could benefit from this Program, please tell them about it and help them complete an application, available at www.nysba.org/probonoappeals, along with other details about the Program. Applicants with income up to 250% of Federal Poverty Guidelines are eligible for representation. Also, if you have appellate experience and would like to participate in the program, please contact the Program at info@probonoappealsny.org.

Sincerely,

Seymour W. James, Jr., President

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Updated Edition of Benchbook Now Available | United States Courts

The 6th edition (pdf) of the Benchbook for U.S. District Court Judges, a publication of the Federal Judicial Center, is now available online. The book, last updated in 2007, is a concise and practical guide to situations federal judges are likely to encounter on the bench. TheBenchbook covers procedures that are required by statute, rule or case law, with detailed guidance from experienced trial judges. And although new judges may benefit the most from the Benchbook, even experienced judges may find useful reminders about how to deal with routine matters, suggestions for handling more complex issues, and helpful starting points in new situations.

 

The 6th Edition includes a primer on a prosecutor’s duty to disclose favorable information to defendants under Brady v. Maryland. There’s a new section on civil pretrial case management focusing on the judge’s role as an active case manager, and a completely revised section on sentencing, which contains an extensive colloquy for the sentencing hearing. There also are subsections on handling disruptive or dangerous defendants, and expanded jury instructions on the use of social media. Due to budgetary constraints, this edition of the Benchbook is published in electronic format only.

• Download the 6th edition (pdf) of the Benchbook for U.S. District Court Judges.

“Federal Practice 301: A Seminar on Dispositive Motions”

 

Please join the NDNY FCBA for a CLE Program in Albany on Wednesday, June 5, 2013. This program is recommended for experienced attorneys only. Federal Practice 301:  A Seminar on Dispositive Motions” Presenters of this program will be: Robyn Hoffman, Esq. Law Clerk to Hon. Randolph F. Treece Magistrate Judge Northern District of New York Michael Langan, Esq. Law Clerk to Hon. Glenn T. Suddaby U.S. District Court Judge Northern District of New York When: Wednesday, June 5, 2013 9:00 a.m. – 12:00 p.m. Registration begins at 8:30 a.m. Where: James T. Foley U.S. Courthouse Jury Assembly Room, 1st Floor 445 Broadway Albany, New York Credits: This program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for 3.0 credits towards the Skills Requirement Register CLE Notice The Northern District of New York Federal Court Bar Association has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York. This program is appropriate for experienced attorneys. This program is not appropriate for newly admitted attorneys. This is a single program.  No partial credit will be awarded. This  program is complimentary to all Northern District of New York Federal Court Bar Association Members.  Click on the link below to join.  The CLE program materials will be posted to our website.  As a member you may access all historic CLE materials for the NDNY FCBA CLE programs at: http://www.ndnyfcba.org If you have any questions you would like to submit prior to the program please submit them in advance to: Questions Thank you for your interest in the NDNY FCBA.  We look forward to seeing you at this upcoming CLE program. Sincerely, Melissa Withers NDNY Federal Court Bar Association, Inc. mmwithers@ndnyfcba.org 315-422-2799 When Wednesday June 5, 2013 from 9:00 AM to 12:00 PM EDT Add to Calendar Where James T. Foley U.S. Courthouse 445 Broadway Jury Assembly Room, 1st Floor Albany, NY 12207 Driving Directions

Rochester Law Digest

The Rochester Law Digest is an independently owned and operated bi-monthly publication covering recent decisions and opinions from all the New York appellate courts, as well as articles of general interest to the legal community.

You can  stay informed about recent appellate decisions from across the state by reviewing their bi-monthly Digest and  ”Just Released” page. You can also sign up for their bi-monthly digest and email notice of updates to their “Just Released” page.

For now all this goodness is free.

UPDATE:

To all those who recently signed-up, thank you for your interest in the Rochester Law Digest mailing list.  The “Just Released” page of the website www.rochesterlawdigest.com was updated on April 27th, 2013, with summaries of selected Appellate Division and Court of Appeals cases released last week. The next issue of the Digest will be out on May 1 and I hope to include summaries of any decisions that are released next Tuesday (April 30) in the Digest.  The next update of the “Just Released” page of the website will include cases released between May 1st and May 3rd.  I hope you find the summaries (and Digest) useful.

Bruce Freeman

RP-5217-PDF Report

RP-5217-PDF Report

The RP-5217-PDF is a web-based downloadable, barcoded, pdf document. (It replaces the RP-5217 paper form which contains one original and three carbonless copies.) Form preparers will enter the appropriate information into the form and should save the document to their PC until the transfer has been completed and the deed filed with the County Clerk.

RP-5217-PDF: Real Property Transfer Report

• RP-5217-PDF Form Instructions
• RP-5217-PDF FAQ
• RP-5217 Filing Fee
• RP-5217-N

This downloadable, bar-coded PDF document is currently being accepted for transfers of Real Property located in
PILOT & APPROVED COUNTIES:

Cattaraugus Cayuga Chautauqua Clinton Cortland Erie Essex Franklin Fulton Jefferson

Livingston Oneida Onondaga Orange Putnam Rockland Tompkins Warren Washington

Download RP-5217-PDF Form

Adobe Reader Version 8 or higher is required to use the RP-5217-PDF Form.

NYS SAFE Act FAQ

Here are FAQ intended to help gun owners in New York understand and comply with the NY SAFE Act enacted on January 15, 2013. If your question is not answered here, please continue to check back, as this list will be updated regularly.

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• NY’ers favor assault gun ban, oppose guards in schools (bizjournals.com)

State’s Highest Court Distinguishes “Critical Evaluation” From “Reprimand” For Purposes of Public Employee Due Process Rights : New York Labor and Employment Law Report

From the New York Labor & Law Report-Bond, Schoeneck & King (an excellent free resource for NYS labor law-public and private)

Although public employers may be aware of their obligation to provide certain types of employees with an opportunity for a hearing prior to imposing discipline (such as a written reprimand), the line between a non-disciplinary counseling memorandum and a disciplinary reprimand is not always clear.  The New York State Court of Appeals’ recent decision in Matter of Michael D’Angelo v Nicholas Scoppetta serves as an important reminder that the term “reprimand” may be interpreted more broadly than public employers anticipate.

Read the entire analysis by BY DIANE M. PIETRASZEWSKI

Read full text of decision below:

Matter of Michael D’Angelo v Nicholas Scoppetta

 

View this document on Scribd

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Filing a Sandy-related Consumer Complaint in New York | Eric T. Schneiderman, NYS AG

After receiving hundreds of complaints from New York consumers about increased costs for gas, food, water and other essential goods and services, the NYS AG’s office is investigating post-Hurricane Sandy price gouging. They are doing everything they can to stop unscrupulous individuals from taking advantage of New Yorkers trying to rebuild their lives after the storm.

If you believe you are a victim of price gouging, please call the office at 800-771-7755 or visit the website to file a complaint.

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• Warning Against Price Gouging During Storm (wbng.com)
• NY1 For You: Some Hotels Upping Rates For Those Stranded By Sandy(manhattan.ny1.com)
• A.G. Schneiderman Provides Guide To Property Owners As They Recover And Rebuild From Hurricane Sandy (newyork.realestaterama.com)
• N.J. Attorney General goes after price gouging in Sandy’s wake (nj.com)
• 65 NJ Businesses Subpoenaed For Price Gouging(philadelphia.cbslocal.com)
• Nj Consumer Affairs Investigating 500 Consumer Complaints(gloucestercitynews.net)

Important SDNY Notice: Extension of Deadlines in Criminal Cases

IMPORTANT NOTICE FROM UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK:

 

WHEREAS, Hurricane Sandy has caused extraordinary damage and disruption in the New York City metropolitan area, including, but not limited to, widespread power and utility outages in New York City, extensive transportation problems created by closure of the New York City mass transportation systems, dislocation of New York City residents, and other related delays such as the inaccessibility of the United States Courthouse in Manhattan,

 

WHEREAS, it is currently unclear when the United States Courthouse in Manhattan will again be accessible,

 

WHEREAS, current transportation restrictions render it difficult and in some cases impossible for individuals to travel to the Courthouse,

 

IT IS ORDERED, pursuant to Fed. R. Crim. P. 45(a) (3) and (b) (l), that all deadlines in any pending criminal cases that would otherwise expire under the Federal Rules of Criminal Procedure or any statute, rule, or order are extended until Monday, November 5, 2012, or until such time as specified in a further order of the Court.

 

IT IS FURTHER ORDERED, pursuant to Fed. R. Crim. P. 45 (a) (3) and (b) (1) and Section 3161 (h) (7) (A) of Title 18, United States Code, that all deadlines in any pending criminal cases requiring action by a grand jury are further extended until November 12, 2012, or until such time as specified in a further order of the Court, and that the ends of justice served by granting this continuance outweigh the interests of the public and any criminal defendant in a speedy trial.

 

SO ORDERED.

Dated: October 29, 2012

 

HONORABLE LORETTA A. PRESKA , CHIEF UNITED STATES DISTRICT JUDGE

 

 

 

 
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• In SDNY, Speedy Trial Clock Stops Ticking (blogs.wsj.com)

Volunteers needed to help Sandy victims–NYSBA LRIS

 

The State Bar’s Lawyer Referral and Information Service is recruiting attorneys who can provide free telephone consultations to individuals affected by Hurricane Sandy. There is need for attorneys with insurance, landlord/tenant, co-op and condo, or FEMA appeals experience, as well as those who can handle general practice matters.

We encourage attorneys outside the NYC area to volunteer. The program is set-up to assist victims via phone consultation.

Please respond as soon as possible if you can help hurricane victims in need.
Go to: www.nysba.org/DisasterVolunteerSandy to fill out your volunteer form.