The New York Attorney General has announced a major lawsuit against several of the nation’s largest banks for deceptive & fraudulent use of the MERS electronic mortgage registry.
According to the Attorney General, the banks, Virginia-based MERSCORP, Inc. and its servicers engaged in “deceptive and fraudulent practices that harmed homeowners and undermined the judicial foreclosure process.” The lawsuit names JPMorgan Chase Bank, N.A., Bank of America, N.A., Wells Fargo Bank, N.A. as the involved banks.
The lawsuit seeks injunctive relief, money damages for harmed homeowners, and civil penalties.
The complete complaint against the banks and MERS can be found here.
Friday, February 3, 2012
Friday, December 23, 2011
New York's expanded "move over" law takes effect January 1
Starting on January 1, New York's "Move Over" will expand to include tow trucks.
The current law fines drivers in New York if they don't move into another lane for police and ambulance vehicles on the road.
The new law will mean that anytime drivers see an emergency vehicle or tow truck with lights flashing, they must move to the other lane.
State officials say the expanded law will make it safer for people who respond and assist on accident scenes or for disabled vehicles.
Violators can receive two points on their license and up to a 150-dollar fine if they don't follow the new law.
The current law fines drivers in New York if they don't move into another lane for police and ambulance vehicles on the road.
The new law will mean that anytime drivers see an emergency vehicle or tow truck with lights flashing, they must move to the other lane.
State officials say the expanded law will make it safer for people who respond and assist on accident scenes or for disabled vehicles.
Violators can receive two points on their license and up to a 150-dollar fine if they don't follow the new law.
Friday, December 9, 2011
Appeal: Mother Loses Support, Custody for Interfering With Father's Rights
From the New York Law Journal:
A mother who "deliberately and unjustifiably frustrated" a father's attempts to visit his child was appropriately stripped of child support and primary custody, an appellate panel in Albany has held.
The Appellate Division, Third Department, unanimously affirmed a Schuyler County Family Court judge in a case where the custodial mother had repeatedly hindered her estranged husband's efforts to establish relations with his daughter, even though the father made no attempt to enforce his visitation rights for six years....
The court said that while the father "lost contact with his daughter for several years and did not adequately explain why he took so long to re-establish a connection," by the time of the hearing he had been working for more than a year to connect with his daughter.
"The record supports the finding that the mother deliberately and unjustifiably frustrated the father's visitation, moving without notifying the father and attempting to informally transfer custody to another person…without informing the father," Justice McCarthy wrote in an opinion joined by Justices Karen K. Peters , John A. Lahtinen, Leslie E. Stein and Elizabeth A. Garry.
Appearing were Martha N. Hertzberg of Ithaca for Mr. Luke; Lisa K. Miller of McGraw for Ms. Luke; and Steven J. Getman of Ovid for the child.
Sunday, December 4, 2011
New law bans dumping rechargeable batteries in the trash
Beginning Monday (December 5) it is illegal in New York to dispose of rechargeable batteries in the trash.
The New York State Rechargeable Battery Law prohibits the disposal of rechargeable batteries, including cell phone batteries, laptop batteries or camera batteries, in
non-recyclable containers.
Instead, the batteries must be returned to recycling bins at retail stores.
Almost every retailer that sells rechargeable batteries is now required to
provide recycling receptacles to consumers in their stores. Small-food stores that sell
Failure to provide or use the receptacles can lead to fines ranging from $50.00 for consumers and $5000.00 for the retailers.
More on the new law can be found here.
The New York State Rechargeable Battery Law prohibits the disposal of rechargeable batteries, including cell phone batteries, laptop batteries or camera batteries, in
non-recyclable containers.
Instead, the batteries must be returned to recycling bins at retail stores.
Almost every retailer that sells rechargeable batteries is now required to
provide recycling receptacles to consumers in their stores. Small-food stores that sell
Failure to provide or use the receptacles can lead to fines ranging from $50.00 for consumers and $5000.00 for the retailers.
More on the new law can be found here.
Sunday, November 20, 2011
New York State Court of Appeals to Decide Tompkins County School Harassment Case
From the Ithaca Journal:
It has been reported that fewer than one out of ten applications for leave to appeal are granted.
The existence of conflicting rulings among the Appellate Divisions, as is apparently the case here, is one of the factors that will sometimes convince the state's high court to hear an appeal.
ALBANY -- The state's highest court has agreed to hear the Ithaca City School District's appeal of a finding that it failed to adequately address racial harassment and threats of violence against a black middle-school student....
The state Division of Human Rights decided in May 2009 that the school district engaged in unlawful discriminatory practice by failing to protect the girl from a group of white students' harassment and threats in the 2005-06 school year....
Ithaca City schools have maintained that the Division of Human Rights does not have jurisdiction over public school districts. The state Supreme Court in Tompkins County agreed with the district in a 2009 decision.
The state Appellate Division, 3rd Department disagreed in a June 30, 2011, ruling. It reduced awards of $200,000 each for the mother and daughter to $200,000 for the daughter and $50,000 for Amelia Kearney.
But Ithaca City schools point to a case on Long Island that was dismissed by the mid-level state court, which said school districts don't come under the state human-rights law, which applies to education corporations and associations.
It has been reported that fewer than one out of ten applications for leave to appeal are granted.
The existence of conflicting rulings among the Appellate Divisions, as is apparently the case here, is one of the factors that will sometimes convince the state's high court to hear an appeal.
Tuesday, November 15, 2011
Tompkins County: Attorneys to Discuss Hydrofracking Risks and Rewards
The Ithaca Journal:
Legal opportunities and risks for municipalities banning hydraulic fracturing will be discussed at 6:30 p.m. Thursday at Enfield Elementary School...
A question-and-answer session will follow.
Monday, October 31, 2011
Technology in today's courtroom
From Gannett News:
The use of recordings and projected photos in courtrooms is not new. Overhead projectors and tape recorders have been used for decades....
But the ability to engage 21st-century jurors accustomed to computers, smart phones, and televisions by seamlessly weaving together evidence with a multimedia presentation is, experts say.
Thursday, September 29, 2011
New York Town Extends Landfill Moratorium
Finger Lakes Times:
The [Ovid] Town Board has extended its moratorium on new landfills or monofills for another year.
The board imposed the initial, one-year moratorium in May 2010. At its September meeting, the board renewed the moratorium for another year.
Town officials said the moratorium is designed to allow the town and planning boards additional time to study the potential impact of landfills and monofills on groundwater and agriculture and other quality-of-life factors.
Town Attorney Steven Getman, the Seneca County Planning Department, the town Planning Board and Supervisor Walt Prouty, researched and drafted the town’s moratorium.
Monday, September 19, 2011
New York's Good Samaritan Law Takes Effect
New York State's Good Samaritan law is now in effect.
The law is designed to curb accidental deaths from overdoses. It encourages witnesses or victims of alcohol or drug overdoses to call 911 for emergency assistance. The law provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose.
Supporters of the law say victims or callers will be protected from being charged or prosecuted for drug or alcohol possession. According to them, most overdose deaths are preventable if they get immediate help, and the primary reason people do not call for assistance is a fear of getting arrested.
More on the law can be found here.
The law is designed to curb accidental deaths from overdoses. It encourages witnesses or victims of alcohol or drug overdoses to call 911 for emergency assistance. The law provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose.
Supporters of the law say victims or callers will be protected from being charged or prosecuted for drug or alcohol possession. According to them, most overdose deaths are preventable if they get immediate help, and the primary reason people do not call for assistance is a fear of getting arrested.
More on the law can be found here.
Monday, September 5, 2011
Schools are open. Drive safe. Avoid tickets.
New York State schools begin classes this week.
This means that many school speed limits are, again, in effect. Typically, these speed limits are fifteen miles per hour, effective from 7:00 am to 6:00 pm on school days.
In addition, school buses will be back on the roads in the early mornings and late afternoons, picking up or discharging children.
Many police agencies will be out in force this week, enforcing these laws. Penalties for violating these traffic rules can be stiff, ranging from fines, to points on your drivers’ license and, in some case, lose of driving privileges. If you receive a traffic ticket for violating any of these laws, it is recommended that you consult with a qualified attorney of your own choosing, to determine the penalties you face, and your legal rights.
However, the best way to avoid these penalties is to drive safely. Motorists are reminded to be on the lookout for schools, buses and pedestrians, to make sure each student has a safe and enjoyable school year.
This means that many school speed limits are, again, in effect. Typically, these speed limits are fifteen miles per hour, effective from 7:00 am to 6:00 pm on school days.
In addition, school buses will be back on the roads in the early mornings and late afternoons, picking up or discharging children.
Many police agencies will be out in force this week, enforcing these laws. Penalties for violating these traffic rules can be stiff, ranging from fines, to points on your drivers’ license and, in some case, lose of driving privileges. If you receive a traffic ticket for violating any of these laws, it is recommended that you consult with a qualified attorney of your own choosing, to determine the penalties you face, and your legal rights.
However, the best way to avoid these penalties is to drive safely. Motorists are reminded to be on the lookout for schools, buses and pedestrians, to make sure each student has a safe and enjoyable school year.
Subscribe to:
Comments (Atom)