Lucido v Nestle Purina Petcare 02-05-2015

Towns, counties can’t restrict sex offenders’ homes-Pressconnects.com

Jon Campbell, jcampbell1@gannett.com | @JonCampbellGAN11:54 p.m. EST February 17, 2015

Local governments in New York cannot restrict where registered sex offenders can live, according to a ruling Tuesday by the state’s highest court.

The state Court of Appeals threw out a Nassau County law that kept all sex offenders from living within 1,000 feet of a school, arguing that the state’s restrictions on those convicted of sex crimes preempt local measures.

The ruling will have statewide implications: At least 109 cities, towns and villages and 21 counties have passed local restrictions, according to the New York Civil Liberties Union, though some have been repealed or invalidated. Under New York law, only level 3 offenders and those on probation or parole are prohibited from being within 1,000 feet of school grounds or a day-care center.

Read entire article from pressconnects.com here

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Federal Court Orders Alabama Probate Judge to Stop refusing to Issue Marriage Licenses to Same Sex Couples

IN RE: VILLAGE SQUARE OF PENNA – FindLaw

Even if the proof at trial establishes that the subject property is over-assessed, a petitioner’s reduction in it’s assessed value is limited to what is set forth in its Article 7 Petition under RPTL 720(1).

To Collect Debts, Nursing Homes Are Seizing Control Over Patients – NYTimes.com

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In a random, anonymized sample of 700 guardianship cases filed in Manhattan over a decade, Hunter College researchers found more than 12 percent were brought by nursing homes. Some of these may have been prompted by family feuds, suspected embezzlement or just the absence of relatives to help secure Medicaid coverage. But lawyers and others versed in the guardianship process agree that nursing homes primarily use such petitions as a means of bill collection — a purpose never intended by the Legislature when it enacted the guardianship statute in 1993.

At least one judge has ruled that the tactic by nursing homes is an abuse of the law, but the petitions, even if they are ultimately unsuccessful, force families into costly legal ordeals.

“It’s a strategic move to intimidate,” said Ginalisa Monterroso, who handled patient Medicaid accounts at the Mary Manning Walsh Nursing Home until 2012, and is now chief executive of Medicaid Advisory Group, an elder carecounseling business that was representing Mr. Palermo in his billing dispute. “Nursing homes do it just to bring money.”

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Preliminary findings of the center’s study are not expected until later this year, but at the request of The Times, the researchers undertook a breakdown of the petitioners in a sample of the 3,302 guardianship cases filed in Manhattan from 2002 to 2012. More frequent petitioners than nursing homes (12.4 percent) were hospitals (16.1 percent), friends and family (25.3 percent) and Adult Protective Services (40.1 percent).

Read entire NYTIMES Article here.

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The Nonhuman Rights Project-New York Cases

The Nonhuman Rights Project says it is the only organization working through the common law to achieve actual LEGAL rights for members of species other than our own. 

Their mission is to change the common law status of at least some nonhuman animals from mere “things,” which lack the capacity to possess any legal right, to “persons,” who possess such fundamental rights as bodily integrity and bodily liberty, and those other legal rights to which evolving standards of morality, scientific discovery, and human experience entitle them.

Their first cases were filed in December 2013, and this year they say they will file as many suits as they have funds available. 

The recent New York Chimpanzee cases are found here with related court documents and transcripts.

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LAW OF THE LAND: Wetland Designation = Regulatory Taking

Read Prof. Salkin’s summary here.

NY Appellate Courts Finds a Reasonable Probability That Wetlands Designation Is a Regulatory Taking Under Penn Central |

Hat tip to Robert Thomas, Esq. at the Inverse Condemnation Blog for posting this. http://www.inversecondemnation.com ; See also, Bulldozers at Your Doorstep blog – http://eminent-domain-blog.com/appellate-division-affirms-75-increment-applicable-wetlands-taking/

New Creek Bluebelt, Phase 4 v. City of New York, No. D42904 (N.Y.A.D. 2 Dept. 11/19/2014)

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2014/D42904.pdf

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