Google Earth 4.3 released


The newest version of Google Earth enables you to see 41 new cities in
3D, including Boston, Tampa, Zurich, Hamburg and Tokyo, along with
much faster 3D building rendering, new navigation control down to
street level, the ability to view the sun at any time of the day, and
more. They’ve also brought Street View from Maps to Earth and added 12
new languages. – Chief Judge Writes N.Y. Governor to Deny Work ‘Slowdown’ by State’s Judges

Vesselin Mitev and Daniel Wise
New York Law Journal
April 30, 2008

Chief Judge Judith S. Kaye wrote New York Gov. David A. Paterson Tuesday to assure him that reports of judicial “slowdown” were “without basis.”

In addition, the court system’s Advisory Committee on Judicial Ethics issued an opinion Monday determining that Kaye’s recent lawsuit to compel an increase in judicial salaries does not require judges to recuse themselves, but they may do so as a matter of individual conscience.

On Monday, Paterson cautioned the state’s judges against engaging in any tactic that would slow litigation in order to press their case for a raise. A day earlier The New York Post had reported that increasing numbers of judges, most of them upstate, were refusing to hear cases where law firms with state legislators as members are appearing before them.

In her letter to Paterson Tuesday, Kaye wrote, “while some judges have individually chosen to recuse themselves from matters in which legislators or their firms appeared before them, there has not been — nor will there be — an adverse impact on litigants.”
Read entire article.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 04/29/08


In the Matter of M. S v. E. S., No. 63
In a proceeding wherein wife sought an upward modification of maintenance and child support in a written separation agreement, judgment that the parties were bound by the terms of the separation agreement is affirmed where the Family Court lacked subject matter jurisdiction to entertain the spouse’s application for increased spousal maintenance.

Wilson v. Galicia Contracting & Restoration Corp., No. 65
In a personal injury action arising when plaintiff was walking under scaffolding assembled by defendant and a piece of material fell in his eye, a judgment and award for plaintiff is affirmed primarily where: 1) a claim that CPLR 3215 (f) renders the judgment a nullity was not preserved; and 2) the courts below correctly held that, due to its failure to comply with a self-executing conditional order, defendant was precluded from introducing any evidence at the inquest “tending to defeat the plaintiff’s cause of action”.

People v, Sparber, No. 53
In appeals considering whether defendants were entitled to relief of their statutory obligation to serve a term of post-release supervision (PRS) because sentencing courts failed to pronounce their PRS terms in accordance with Crim. Proc. Law sections 380.20 and 380.40, the court of appeals concludes that the procedure through which PRS was imposed upon the defendants was flawed, as it did not comply with the statutory mandate. However, in remedying this error, rather than striking the PRS from the sentences, the matters are remanded for resentencing and the proper judicial pronouncement of the relevant PRS terms.

In the Matter of Garner v. New York State Dep’t of Corr. Serv. , No. 57
The New York State Department of Correctional Services (DOCS) may not administratively add a mandatory period of Post-Release Supervision (PRS) onto a prisoner’s sentence when the PRS term was never pronounced by the sentencing judge, as Crim. Pro. Law 380.20 and 380.40 collectively provide that only a judge may impose a PRS sentence.

Stimulus Payments Update

Even though April 15 has passed, disabled veterans and others who normally do not file a tax return can still submit a 2007 form to receive a payment. See news releaseIR-2008-65. Others who have already filed a return may get their payments directly deposited into their accounts starting April 28. News release IR-2008-66 has details.

Check the Economic Stimulus Payments Information Center on for updates. Also in Spanish.

“And the Winner is…” Jurist!!


In case you haven’t heard, JURIST has been nominated in New York for a prestigious Webby Award as best Law website of 2008!


We’re actually up for two prizes, one awarded by the Webby judges, and another, called the People’s Voice, awarded by popular online vote. Some of you may remember that JURIST actually won the Webby People’s Voice Award in 2006, beating Court TV and FindLaw in a close race.


This year JURIST and our dedicated band of law student staffers are up against some more heavyweight competition, including the website of the American Bar Association (ABA) Journal (the world’s largest circulation law magazine!) and the recruiting website for New York-based Shearman and Sterling, the world’s 17th largest law firm by revenue.


To win, we need your help. Here’s what you can do:


1. Go to   and register to vote;


2. Once you register, an activation code will be sent to your email (check to make sure it’s not misdirected to your “junk” folder);


3. Log on to and click on “Website: Vote now”;


4. Scroll down to “Society” and click on the “Law” category;


5. Vote for JURIST!


The process just takes a couple of minutes.


Once you’ve voted yourself, *please* spread the word to your colleagues, friends, students and family – anyone you think should know about JURIST and the public service we perform every day by bringing you comprehensive, serious legal news and commentary with a global perspective.


Voting ends this Thursday, May 1; Webby winners will be announced in New York May 6.


Thanks for your support!


Best wishes,




Professor Bernard Hibbitts

Publisher & Editor-in-Chief, JURIST


Webby Awards Official Nominee/Law 2008

Webby Awards Official Honoree/Students 2008

University of Pittsburgh School of Law

FINDLAW:Daily Opinion Summaries for U.S. Supreme Court – 4/28/08


Crawford v. Marion County Election Bd., No. 07-21, 07-25
In a suit challenging the constitutionality of an Indiana law requiring citizens voting in person to present photo identification issued by the government, a judgment upholding the law is affirmed where the evidence in the record was not sufficient to support a facial attack on the validity of the entire statute.

NYTIMES: Lawyers Open Their File Cabinets for a Web Resource

Lawyers Open Their File Cabinets for a Web Resource – New York Times, a new site, is stocking a free, virtual law library by persuading lawyers to do something highly unusual: to post examples of their legal work online for use by one and all, no strings attached. Many of the documents are articles and newsletters that can be understood by ordinary mortals who want more background on a legal issue, or who would like to find lawyers with expertise in a particular area.

OTHER innovations in virtual law libraries are concerned with new search technology for legal information on the Web. Thomas Smith, a law professor at the University of San Diego, is the co-creator of a search engine called PreCYdent, now in the beta, or testing, stage, that uses legal citations to find related information (


Northern District of New York Federal Court Bar Association

The NDNY-FCBA was constituted to provide a forum to promote a more effective exchange of ideas between the practicing bar and the federal court as well as to provide educational and social programs for attorneys and court personnel.

Upcoming Events

Federal Criminal Defense Practice Update
Tuesday, April 29, 2008, 8:15 a.m. – 4:15 p.m.
View Details (PDF Format)
Registration Deadline Extended & Walk-Ins Welcome

Second Circuit Court of Appeals Sitting, Admissions Ceremony & Reception
Friday, May 16, 2008, 10:00 a.m.
James T. Foley United States Courthouse, Albany, New York
View Details (PDF Format)
Application Deadline: May 8, 2008

Avira AntiVir Personal – FREE Antivirus

Avira AntiVir Personal – FREE Antivirus
Avira AntiVir Personal – FREE Antivirus is a free antivirus solution, that scans your computer for malicious programs (such as viruses, Trojans, backdoor programs, worms, dialers etc.), monitoring every action executed by the user or by the operating system and being able to react promptly when a malicious program is detected.

This version is compatible with computers running Windows 2000, XP, and Vista.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 04/24/08


In the Matter of Steel Los III/Goya Foods, Inc. v. Bd. of Assessors of County of Nassau, No. 49, 50
Nassau County Administrative Code (NCAC) section 6-26.0(b)(3)(c) applies to “payments-in-lieu-of-taxes” (PILOT payments), thus making deficits incurred by affected taxing jurisdictions resulting from property over-assessments “a county charge.”

Solow Mgmt. Corp. v. Tanger , No. 62
Posting of an appeal bond by a judgment debtor after a marshal has executed a levy on the judgment debtor’s assets does not constitute affirmative interference with a marshal’s collection process which would entitle the marshal to poundage fees.

People v. Mitchell, No. 51
Conviction for burglary and related charges is affirmed over defendant’s claims that his burglary conviction should be reversed because he was indicted only on one count of burglary, yet the trial jury was able to consider two alleged entries into the building, and it was unclear which of those resulted in the conviction.

Rivkin v. Century 21 Teran Realty LLC, No. 68
In a case addressing the scope of fiduciary duty owed by buyer’s agents affiliated with a real estate brokerage firm when their principals bid on the same property, the court of appeals rules that, unless a real estate brokerage firm and principal specifically agree otherwise, the firm is not obligated to insure that its affiliated licensees forego making offers on behalf of other buyers for property on which the principal has already bid.

Sanatass v. Consol. Investing Co., Inc., No. 60
A property owner is liable for a violation of Labor Law section 240(1) which proximately caused injury to a worker, even though a tenant of the building contracted for the work without the owner’s knowledge.