Forgiving Fines: The NYC Amnesty Program

The City of New York is reducing penalties and interest for many violations* issued by the Department of Sanitation, Department of Buildings, and other city agencies.

 

Take advantage of the amnesty program before it expires! Amnesty will run from September 12, 2016 – December 12, 2016. Stay informed.

Violations must be in judgment. This means the City of New York has taken the legal step of filing a public record of your liability in court for the entire amount due, plus additional interest. Criminal violations and violations over $25,000 are excluded. Other limitations, exclusions and eligibility requirements apply. 

Click here for more information and to search for violations…

Protect Your Clients; Protect Yourself: Webinar Now Available Online–IRS

Tax practitioners who missed the recent IRS webinar, Protect your Clients, Protect Yourself from Data Theft, can now view it anytime on demand. In the broadcast, IRS and private sector experts discuss client data safeguards, legal requirements and best practices involving the handling of taxpayer data and tips for responding to a loss of taxpayer data.

Visit the Protect Your Clients, Protect Yourself page on IRS.gov for more information on identity theft scams targeting the tax professional community. The page includes links to publications such as

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SepticSmart Week 2016 | Septic Systems (Onsite/Decentralized Systems) | US EPA

SepticSmart Week is September 19 – 23

Next week is SepticSmart Week, which is a good time to learn more about taking care of your own septic system or onsite wastewater treatment system (OWTS).  A septic system or OWTS will serve a home or business for a long time if it is properly located, designed, constructed and maintained.  For information about the operation and maintenance of private, commercial and institutional onsite wastewater treatment systems, view DEC’s “A Guide to Help Managers of Small Businesses Keep their Wastewater Systems Working Properly (PDF)(520 KB)”. Information about home septic systems is available on NYS Department of Health’s Septic System Operation and Maintenance webpage.  EPA holds SepticSmart Week each year to encourage homeowners and communities to properly maintain their septic systems. 

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Dear Law Professors: Please Stop Hiding the Ball | Law.com

Robert McClendon, a former reporter with The Times-Picayune in New Orleans who started law school in August, writes an occasional column for Law.com.

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Yet I’m left wondering, why not simply explain the rule and give us a bunch of novel fact patterns to show us the nuances and make sure we understand it?

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Read entire short essay…

New York’s Internet Kiosks Are Being Shut Down As People Won’t Stop Watching Porn–UberGizmo.com

By Adnan Farooqui 

Where there is internet there is porn. It’s a fact, an undeniable fact, one that LinkNYC should have kept in mind when it started setting up public Wi-Fi kiosks in one of the biggest cities on the planet. When they were launched in February this year, New York City Mayor Bill de Blasio said that these 7,500 kiosks would “bridge the digital divide,” but operator LinkNYC finds that the kiosks are being used for other things. It’s now shutting off web browsing in the kiosks because people just won’t stop watching porn.

Read entire article…

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Pesticide Product Search Is Online–New York State DEC

The NYSDEC Bureau of Pest Management is pleased to announce that the new pesticide product registration database is now “live”.  The web address is http://www.dec.ny.gov/nyspad/.  When visiting the webpage, please select the Products icon on the right side of the page to perform product searches.

This pesticide search database is replacing the Product, Ingredient, and Manufacturer System (PIMS) product database that has been hosted by Cornell University since its inception.  The new search database includes many added features, including site and pest searches.  Additionally, updates to the product data and labeling will be reflected instantaneously.  Previously, product registration data was updated approximately every two weeks.

We recommend you bookmark this site and begin using it immediately to become familiar with it as it is a little different from what you may be used to with PIMS.  If you go to the PIMS site to search for a product it will simply re-direct you to the new NYSPAD site.

The Products search is only one of several searches that can be performed on the NYSPAD search page.  Users can also search for pesticide applicators and businesses, restricted-use pesticide dealers, and pesticide courses and exams.

Please contact the Pesticide Product Registration Section at ppr@dec.ny.gov or (518) 402-8768 if you have any questions or comments regarding the NYSPAD pesticide product search.  For questions or comments regarding pesticide businesses, applicators, dealers, courses or exams, please contact the Reporting & Certification Section at pestmgt@dec.ny.gov or (518) 402-8748.

Decision of Interest – Mortgage Foreclosure – 2nd Dept reverses SJ for bank, business records inadmissible

HSBC Mtge. Servs., Inc. v Royal (2016 NY Slip Op 05973) 

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The plaintiff failed to demonstrate the admissibility of the records relied upon by Roesner under the business records exception to the hearsay rule (see CPLR 4518[a]), and, thus, failed to establish the appellant’s default in payment under the note. “A proper foundation for the admission of a business record must be provided by someone with personal knowledge of the maker’s business practices and procedures” (Citibank, N.A. v Cabrera, 130 AD3d 861, 861; see Aurora Loan Servs., LLC v Mercius, 138 AD3d 650). Roesner, who was employed by the loan servicer to U.S. Bank, did not allege that he was personally familiar with the plaintiff’s record keeping practices and procedures. Thus, Roesner failed to lay a proper foundation for the admission of records concerning the appellant’s payment history (see Citibank, N.A. v Cabrera, 130 AD3d at 861; JP Morgan Chase Bank, N.A. v RADS Group, Inc., 88 AD3d 766, 767), and his assertions based on these records were inadmissible (see US Bank N.A. v Madero, 125 AD3d at 758). Inasmuch as the plaintiff’s motion was based on evidence that was not in admissible form, the plaintiff failed to establish its prima facie entitlement to judgment as a matter of law (see Aurora Loan Servs., LLC v Mercius, 138 AD3d 650).

Read full text of decision here…

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