Thursday, October 18, 2007

About Long Island, New York (NY)

Long Island is approximately 120 miles long, and approximately 20 miles wide at its widest. Long Island is part of New York State (NYS), and is just east of New York City (NYC).

Despite what some would say, Long Island is made up of Brooklyn, Queens, Nassau and Suffolk Counties. It is true that Brooklyn and Queens are part of NYC (New York City). However, these counties are physically located on Long Island. Confused?

Long Island is home of the Hamptons, the New York Islanders (4 Time Stanley Cup Winning Team), A&S Bagels, the Montauk Lighthouse, Adelphi University, Hofstra University, wineries, and beaches. Of course, "Long Island bagels are considered some of the best in the world." Source: (http://en.wikipedia.org/wiki/Long_island).

The New York Islanders are the only American Based NHL team to win 4 consecutive Stanley Cup championships.

Hofstra University is located on Long Island. Hofstra University is home of the Frank G. Zarb School of Business and Hofstra School of Law.

In an article entitled "The Best Bagels in Town?" written by Brian Clarey, A&S Bagels was mentioned. The author wrote that "The bagels at A&S Bagels on Hempstead Turnpike, one of the touchstones of my teenage years, were magnificent affairs, as big around as a bread plate and so high they were almost spherical, the hole in the center pinched closed by the bread's sheer abundance." The full article can be found online at: http://www.yesweekly.com/main.asp?SectionID=3&SubSectionID=50&ArticleID=2500

Long Island is East of Manhattan and the rest of NY city.

In the September 22, 2006 Newsday article entitled "Life on the Night Shift," author Denise M. Bonilla explored Long Island's businesses and organizations that run through the night. A&S Bagels was one of the featured businesses. The following is an excerpt from the article:

"It's 1 a.m. and that means hungry crowds at A & S Bagel Co. in Franklin Square. Anthony Scolieri, one of the business' owners, is running around in a white apron and clear plastic gloves, alternately taking orders, directing workers and stacking slices of cold cuts on top of bagel slices."

Newsday's story was successful in showing that New York never sleeps. So when it is late, you know that you can always visit us at our retail store, which is open 24 hours a day, 7 days a week.

Visit the Long Island Convention and Visitors Bureau web-site at http://www.licvb.com/

Nassau County's population is approximately 1,339,463 people (as of 2003). Nassau County is the home county of A&S Bagels, and is one of New York's many counties.

Long Island is more populous than 97 countries in the world. As an independent nation, it would rank 95th among the world's largest countries. Source: (http://en.wikipedia.org/wiki/Long_island).

The Pledge of Allegiance

The Pledge of Allegiance is a promise of loyalty to the United States. Here are the words to the Pledge:

I pledge allegiance
to the flag
of the United States of America
and to the Republic
for which it stands,
one nation,
under God,
indivisible,
with liberty
and justice for all.

United States of America National Anthem: Star Spangled Banner

Oh, say can you see,
By the dawn's early light,
What so proudly we hailed
At the twilight's last gleaming,
Whose broad stripes and bright stars,
Through the perilous fight,
O'er the ramparts we watched
Were so gallantly streaming?
And the rockets' red glare,
The bombs bursting in air,
Gave proof through the night
That our flag was still there.
O, say, does that
Star-Spangled Banner yet wave
O'er the land of the free
And the home of the brave?

Halloween Safety: Safety Alert

A few safety tips from the U.S. Consumer Product Safety Commission can protect children who plan to go trick-or-treating this Halloween.

Treats: Warn children not to eat any treats before an adult has carefully examined them for evidence of tampering.

Flame Resistant Costumes: When purchasing a costume, masks, beards, and wigs, look for the label Flame Resistant. Although this label does not mean these items won't catch fire, it does indicate the items will resist burning and should extinguish quickly once removed from the ignition source. To minimize the risk of contact with candles or other sources of ignition, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.
Costume Designs: Purchase or make costumes that are light and bright enough to be clearly visible to motorists.

For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks should also be light colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.

To easily see and be seen, children should also carry flashlights.

Costumes should be short enough to prevent children from tripping and falling.
Children should wear well-fitting, sturdy shoes . Mother' s high heels are not a good idea for safe walking.

Hats and scarfs should be tied securely to prevent them from slipping over children's eyes.
Apply a natural mask of cosmetics rather than have a child wear a loose-fitting mask that might restrict breathing or obscure vision. If a mask is used, however, make sure it fits securely and has eyeholes large enough to allow full vision.

Swords, knives, and similar costume accessories should be of soft and flexible material.
Pedestrian Safety: Young children should always be accompanied by an adult or an older, responsible child. All children should WALK, not run from house to house and use the sidewalk if available, rather than walk in the street. Children should be cautioned against running out from between parked cars, or across lawns and yards where ornaments, furniture, or clotheslines present dangers.

Choosing Safe Houses: Children should go only to homes where the residents are known and have outside lights on as a sign of welcome.

Children should not enter homes or apartments unless they are accompanied by an adult.
People expecting trick-or-treaters should remove anything that could be an obstacle from lawns, steps and porches. Candlelit jack-o'-lanterns should be kept away from landings and doorsteps where costumes could brush against the flame. Indoor jack-o'-lanterns should be kept away from curtains, decorations, and other furnishings that could be ignited.

The information in this blog entry is from: http://www.cpsc.gov/cpscpub/pubs/100.html

FTC Releases Top 10 Consumer Fraud Complaint Categories

From the FTC.GOV Web-Site (January 2006):

The Federal Trade Commission released its annual report detailing consumer complaints about fraud and identity theft in 2005. Complaints about identity theft topped the list, accounting for 255,000 of more than 686,000 complaints filed with the agency in 2005. The complaints, filed online or at a toll-free number, are shared via a secure database with more than 1,400 federal, state, and local law enforcement agencies, and law enforcement and consumer protection agencies in Canada and Australia.

“With a call or a click, consumers can file complaints with law enforcers across the country and around the world,” said Deborah Platt Majoras, Chairman of the FTC. “These reports provide ammunition that helps law enforcers fight fraud and identity theft.”

Identity theft complaints represented 37 percent of the 686,683 complaints filed. Other top categories of fraud complaints for 2005 include:
  • Internet Auctions - 12 percent
  • Foreign Money Offers - 8 percent
  • Shop-at-Home/Catalog Sales - 8 percent
  • Prizes/Sweepstakes and Lotteries - 7 percent
  • Internet Services and Computer Complaints - 5 percent
  • Business Opportunities and Work-at-Home plans - 2 percent
  • Advance-Fee Loans and Credit Protection - 2 percent
  • Telephone Services - 2 percent
  • Other - 17 percent

Other findings from the report include:
  • Internet-related complaints accounted for 46 percent of all fraud complaints.
    The percent of Internet-related fraud complaints with “wire transfer” as the reported payment method more than tripled between 2003 and 2005.

  • The major metropolitan areas with the highest per capita rates of consumer fraud reported were Washington, DC; Tampa/St. Petersburg/Clearwater, FL; and Seattle, WA.
    Credit card fraud was the most common form of reported identity theft, followed by phone or utilities fraud, bank fraud, and employment fraud.

  • The most frequently reported type of identity theft bank fraud was electronic funds transfers.

  • The major metropolitan areas with the highest per capita rates of reported identity theft were Phoenix/Mesa/Scottsdale, AZ; Las Vegas/Paradise, NV; and Riverside/San Bernardino/Ontario, CA.
The above content and information in this blog entry is from: http://www.ftc.gov/opa/2006/01/topten.shtm

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This blog entry is provided for informational purposes only; the content and materials are not offered as and do not constitute legal advice. Do not act or rely upon the information contained within this blog without seeking the advice of an attorney. No attorney-client relationship exists nor shall be implied by this blog entry.
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Tuesday, October 16, 2007

United States Freedom of Information Act (FOIA)

United States Freedom of Information Act (FOIA)

The 1966 Freedom of Information Act (FOIA) permits a person to request access to federal agency records or information. Federal agencies are required to disclose records upon receipt of a written request, except for records that are protected from disclosure by nine exemptions or three exclusions in the Act. Persons are also able to request documents in an electronic format under the 1996 Electronic Freedom of Information Act Amendments (EFOIA).

SOURCE: http://www.gsa.gov/Portal/gsa/ep/channelView.do?pageTypeId=8199&channelId=-13641



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This blog entry is provided for informational purposes only; the content and materials are not offered as and do not constitute legal advice. Do not act or rely upon the information contained within this blog without seeking the advice of an attorney. No attorney-client relationship exists nor shall be implied by this blog entry.
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Fall Events in or around Long Island (Halloween 2007)

Below is a listing of some fun events on Long Island (or close by) this Fall (Halloween 2007):

Bayville Fire Company Haunted House:
http://www.bfc1.net/
http://www.bfc1.net/hh2007/hh2007.htm

Schmitts Family Farm (Corn Maze, Haunted House):
http://www.schmittfarms.com/Nightime.htm
http://www.schmittfarms.com/
http://www.schmittfarms.com/index2.html

Headless Horseman (Hayrides, Haunted House)
Located in Ulster Park, New York
http://www.headlesshorseman.com/
http://www.headlesshorseman.com/directions.html

Lewin Farms (Pumpkin Picking, Christmas Tree):
http://www.homestead.com/lewinfarms/HOME.html

Six Flags, Great Adventure, Fright Fest
New Jersey
http://www.sixflags.com/greatAdventure/index.aspx

Millridge Inn (Jericho, New York)
585 North Broadway, Jericho New York
http://www.milleridge.com/holloween.cfm
http://www.milleridge.com/thanksgiving.cfm
http://www.milleridge.com/christmas_season.cfm

Adventureland (Farmingdale, New York) Rt. 110
2245 Route 110 Farmingdale NY 11735
http://www.adventureland.us/themepark/

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Saturday, October 6, 2007

Nassau County State Courts Directory

Nassau
County State Courts Directory


Nassau County Supreme Court
100 Supreme Court Drive
Mineola, New York 11501
(516) 571-2904


Nassau County Supreme Court
(Divorce Court)
Matrimonial Center

400 County Seat Drive
Mineola, NY 11501


Nassau County District
Court

99 Main Street
Hempstead, New York 11550

(516) 572-2355


Nassau County Criminal Court
262 Old Country Road
Mineola, New York 11501
(516) 571-2800


Nassau County Family Court
1200 Old Country Road
Westbury, New York 11590
(516) 571-9033


Nassau County Surrogate's Court
262 Old Country Road
Mineola, New York 11501
(516) 571-2847


City Court Of Long Beach
One West Chester Street
(516) 431-1000


City Court Of Glen Cove
9-13 Glen Street
Glen Cove, Glen Cove NY 11542
(516) 676-0109

This blog entry is provided for informational purposes only; the content and materials are not offered as and do not constitute legal advice. Do not act or rely upon the information contained within this blog without seeking the advice of an attorney. No attorney-client relationship exists nor shall be implied by this blog entry.

A Commentary on Unified Family Courts

A Commentary on Unified Family Courts:
One Court, One Judge, One Family
By: Gregory Scolieri, Esq.


In New York, it is possible for a family to have multiple cases, pending in multiple courts, in front of multiple judges. This does not say much about efficiency in the courts of New York. Additionally, this multiple court syndrome places undue burdens upon families. For example, a husband and wife can be going through a divorce. The divorce action would be in front of a New York State Supreme Court Justice in a New York State Supreme Court. At the same time, the same family can have a case or matter pending in front of a New York Family Court judge. For example, a New York Family Court has jurisdiction, inter alia, to issue temporary restraining orders and to hear child neglect and abuse cases. Additionally, a parent might even find himself/herself defending a criminal action (as in the case of child abuse) in front of, yet, another judge. Because of this scenario, the time and effort of multiple judges are needed to resolve the disputes among one family. This current system does work, however, this system is not efficient. Other states have instituted what are called "Unified Family Courts", and systems that foster an approach where one family is assigned one judge for all family matter disputes. As defined by the American Bar Association:


A unified family court combines all the essential elements of traditional family and juvenile courts into one entity and contains other resources, such as social services, critical to the resolution of a family's problems. It is a comprehensive court with jurisdiction over all family-related legal matters. The structure of a unified family court promotes the resolution of family disputes in a fair, comprehensive, and expeditious way. It allows the court to address the family and its long-term needs as well as the problems of the individual litigant. Through its insistence on collaboration among court staffs and units, its "team approach," and its outreach to social service providers and local volunteers, a unified family court can provide the highest quality of service to its clients and its community.1

A unified family court system ("UFC") is not implemented in New York, nor does it appear that one will be implemented in the near future. However, other jurisdictions have had plenty of success in implementing such a system. In 2004, Gregory Scolieri and James W. Bozzomo authored an articled entitled: A Survey of Unified Family Courts: An Assessment of Different Jurisdictional Models published in the Family Court Review. In this article the authors reported the results of a survey conducted of various courts and jurisdictions that either implemented or experimented with a unified family court structure. As reported in the article, one survey respondent noted that as a result of a pilot Unified Family Court program, the court had better case management and increased judicial efficiency.2 Another respondent noted that, prior to a Unified Family Court System was implemented, judges had little contact with children, families dealt with multiple judges, there was a great deal of lag-time between contact with the court, and parents were often not represented by counsel.2 However, after the Unified Family Court system was implemented, there was more efficient case management and time lapses between contact with the court had been reduced.2 Essentially, it is my view that Unified Family Courts can provide families with the proper resources to resolve a family conflict in an efficient and amicable manner. Would it not be great if a custody battle in a divorce action was avoided because a unified family court judge acted as a mediator and provided the family with essential social services? It is my hope that Unified Family Court systems that have been implemented continue to show great success, and that other jurisdictions learn and follow from the jurisdictions that have taken the lead in this area.


Sources:
1. American Bar Association, What Is a Unified Family Court? available at http://www.abanet.org/unifiedfamcrt/about.html (last visited Aug. 7, 2003) (noting that certain jurisdictions have different needs and traditions that inhibit the American Bar Association from recognizing a definitive unified family court [UFC] model, however, illustrating that certain characteristics are generally recognized as integral to a UFC).

2. James W. Bozzomo & Gregory Scolieri, A Survey of Unified Family Courts: An Assessment of Different Jurisdictional Models, Family Court Review (January 2004).

This blog entry is provided for informational purposes only; the content and materials are not offered as and do not constitute legal advice. Do not act or rely upon the information contained within this blog without seeking the advice of an attorney. No attorney-client relationship exists nor shall be implied by this blog entry.

New York Statement of Client's Rights (Lawyer/Client Relationship)

Section 1210.1 of the Joint Rules of the Appellate Division(22NYCRR§1210.1)

1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyer's office.

2. You are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from the attorney-client relationship at any time (court approval may be required in some matters and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge).

3. You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest.

4. You are entitled to be charged a reasonable fee and to have your lawyer explain at the outset how the fee will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any fee arrangement that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.

5. You are entitled to have your questions and concerns addressed in a prompt manner and to have your telephone calls returned promptly.

6. You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter.

7. You are entitled to have your legitimate objectives respected by your attorney, including whether or not to settle your matter (court approval of a settlement is required in some matters).

8. You have the right to privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law.

9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the Code of Professional Responsibility.

10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.

This blog entry is provided for informational purposes only; the content and materials are not offered as and do not constitute legal advice. Do not act or rely upon the information contained within this blog without seeking the advice of an attorney. No attorney-client relationship exists nor shall be implied by this blog entry.