Matter of Paul T. v South Huntington Union Free Sch. Dist. (2015 NY Slip Op 25207)

Being bullied is not itself a legally recognizable disability if it does not rise to the level of adversely impacting educational performance.

High-Volume Hydraulic Fracturing in NYS – NYS Dept. of Environmental Conservation

The SEQR Findings Statement for high-volume hydraulic fracturing (HVHF) was issued on June 29, 2015. This concluded DEC’s comprehensive, seven-year review and officially prohibits HVHF in New York.

The full 2015 Final SGEIS document is available as two large PDF files: Volume 1 (PDF) (35.8 MB) and Volume 2 (PDF) (8.4 MB). Although they are very large files, they are downloadable and searchable. Please note that new text in the final SGEIS has been underlined to indicate revisions to the 2011 revised draft SGEIS text, in accordance with the requirements of the SEQRA regulations, and vertical lines have been placed in the page margins at those locations.

Read and access all here.

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Public Hearings on Eligibility for Assignment of Counsel-ILS

In accordance with the settlement agreement between the State of New York and a plaintiff class represented by the New York Civil Liberties Union in Hurrell-Harrina et at. v. State of New York and approved by the Albany County Supreme Court, the Office of Indigent Legal Services (ILS) is charged with developing and issuing criteria and procedures to guide courts in counties located outside of New York City in determining whether a person is unable to afford counsel and eligible for mandated representation.

In furtherance of this responsibility, ILS will conduct a series of public hearings in each of the nine (9) judicial districts outside of New York City to solicit the views of county officials, judges, institutional providers of representation, assigned counsel, current and former indigent legal services clients and other individuals, programs, organizations and stakeholders interested in assisting ILS in establishing criteria and procedures to guide courts when determining eligibility for mandated legal representation in criminal and family court proceedings.  The first of these hearings will be in Syracuse, New York on July 9.

For more information, and instructions for providing written or oral testimony, go to: https://www.ils.ny.gov/files/Eligibility%20Public%20Hearings%20Notice.pdf.  Please feel free to contact me (or any member of the ILS staff) if you have questions about the hearings.

                      Take good care,

Angela Olivia Burton, Esq.

Director of Quality Enhancement, Parent Representation

New York State Office of Indigent Legal Services

80 South Swan Street, 29th Floor

Albany, New York 12210

Desk:  518-474-4859

Cell:  518-491-0094

Fax:  518-474-0505

http://www.ils.ny.gov

Vincent J. Gallo, Esq.: In Defense of Title Closers. – Richmond County Bar Association, Est. 1909

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At the closing, the Title Closer is entrusted with transmitting by over-night delivery the payment in full satisfactory to satisfy the mortgage in full, at the risk to the Title Closer of these funds being insufficient to satisfy the mortgage, in full, at the further risk of the Lender returning these funds back to the Title Agency as being insufficient to satisfy the mortgage, with the clock continuing to run on a per diem basis, at the risk to the Title Closer in having to go in pocket to make up the difference, so as to not cause the mortgage to satisfied late, causing a late fee to be imposed as against the mortgagor, as well as a “black mark” on the mortgagor’s credit report.

For this task, the Title Closer is paid what is referred to as a “pick up fee”.  This is a fee paid to the Title Closer, not for the ministerial task of placing the check in an over-night envelope, but instead to serve as a “quasi-insurer” to ensure that all of the above tasks are fully executed on, to full completion, at the risk of potentially costing the Title Closer a small fortune for failing to execute on all, and I do mean ALL, of these above tasks.

For this, in an effort to save a Seller the pickup fee charge of 275.00, more or less, the Department of Financial Services wants to eliminate this charge, thereby preventing a Seller who must pay off his or her mortgage at a closing from having to pay this charge.

***

Read entire article here.

SEND YOUR COMMENTS TO:   ellen.buxbaum@dfs.ny.gov.

Comment on Regulation 208 (11 NYCRR 227)– New York State Land Title Association

This is a link to the New York State Land Title Association’s advocacy page where you can view NYSLTA-produced guidance on the proposed regulation, which can be used as a head-start on any comment you may wish to make: http://nyslta.site-ym.com/?page=MemberAdvocacy

The SAPA period for commenting upon Regulation 208 (11 NYCRR 227) ends on June 22, 2015. 

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NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES PROPOSED 11 NYCRR 227 (INSURANCE REGULATION 208) TITLE INSURANCE RATES, EXPENSES AND CHARGES

Summary of proposed new 11 NYCRR 227 (Insurance Regulation 208).

This rule interprets and implements Insurance Law section 6409(d) by delineating certain expenditures

that, when provided by title insurance corporations or title insurance agents to “current or prospective customers” as an inducement for title insurance business, are prohibited by the Insurance Law. The rule mandates new reporting requirements to exclude all prohibited expenditures from the rates, thereby ensuring that these expenditures do not contribute to excessive rates. The rule further sets parameters with respect to ancillary charges, ensuring that title insurance corporations and title insurance agents do not charge consumers in New York improper and excessive closing costs .

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The proposed regulation prohibits “pick up fees” for closers.  This should add to the cost of closings and delay transactions.

***

Date Published in State Register: May 06, 2015

Contact: Ellen Buxbaum

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EJSCREEN: Environmental Justice Screening and Mapping Tool | US EPA

The EPA was directed to set standards for radioactive materials under Reorganization Plan No. 3 (Photo credit: Wikipedia)

EJSCREEN is an environmental justice mapping and screening tool that provides EPA with a nationally consistent dataset and approach for combining environmental and demographic indicators. EJSCREEN users choose a geographic area; the tool then provides demographic and environmental information for that area. All of the EJSCREEN indicators are publicly-available data. EJSCREEN simply provides a way to display this information and includes a method for combining environmental and demographic indicators into EJ indexes. 

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