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Announcement Working Paper Series Manuscripts submitted for the series should conform to the format described in The Accounting Review, April, 1973, pp. 442-3, with footnotes at the end of the paper. All material should be in final form suitable for reproduction, as the work-ing paper editor will not rework manuscripts. While any length is acceptable, man-uscripts of from eight to thirty pages are deemed to be most manageable in terms of reproduction equipment to be used. The policy with regard to this series is decidedly liberal, intending to create an atmosphere which will stimulate re-search, writing and exposure of ideas. Members are requested to submit only those papers which represent their best effort. Further, it is expected that the exposure of such research among fel-lows of The Academy will be character-ized by a respect for the rights of those parties presenting the paper, without prejudice to subsequent publication of unique ideas. Each entry will be distributed to mem-bers on a request basis. Entries and requests should be addressed to A. R. Roberts, Editor, Working Paper Series, Box 92, University Plaza, Atlanta, GA 30303. Members are entitled to a com-plimentary copy of each working paper. Requests for multiple copies may be subject to a charge for printing and postage. Non-members may obtain any paper by sending $1 per copy (printing and postage) along with their request, to The Academy offices. Nineteen items are now in the series. Manuscripts submitted by non-mem-bers of The Academy should be spon-sored by an Academy member and will be entered in the series as resources permit. Entries will be placed in the series on a first-come, first-serve basis. CURRENTLY AVAILABLE 1. "The CPA's Professional Heritage, Part I," John L. Carey. 2. "The Audit of Historical Records as a Learning Device in Studying the Environment and Socio-Economic Influences on Accounting," Richard H. Homburger. 3. "The Accounts of Ancient Rome," Kenneth S. Most. 4. "Survey of the Development of Au-diting in Germany," Rosa-Elizabeth Gassmann. 5. "The CPA's Professional Heritage, Part II," John L. Carey. 6. "A Chronological Index for John L. Carey's The Rise of the Account-ing Profession, Vol. I, 1896-1936," Gary John Previts. 7. "The State of Bookkeeping in Up-per Germany at the time of the Fuggers and Welsers," Herman Kellenbenz. 8. "A Chronological Index for John L. Carey's The Rise of the Account-ing Profession, Vol. II, 1937-1970," Gary John Previts. 9. "A Bibliography on the Relationship between Scientific Management and Standard Costing," Marc J. Epstein. 10. "A Significant Year (1893) in the History of Bookkeeping in Japan," Kojiro Nishikawa. 11. "Historical Development of Early Accounting Concepts and Their Re-lation to Certain Economic Con-cepts," Maurice S. Newman. 12. "Thirty-six Classic Articles from the 1905-1930 Issues of The Journal of Accountancy," Richard Vanger-meersch. 13. "The Development of the Theory of Continuously Contemporary Ac-counting," R. J. Chambers. 14. "The CPA's Professional Heritage, (Accounting Education)," John L. Carey. 15. "Two Papers on the History of Val-uation Theory (I. Management Be-havior on Original Valuation of Tangible and Intangible Fixed As-sets, and II. The Significance of Write-Ups of Tangible Fixed Assets
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|Announcement [1975, Vol. 2, nos. 1-4]
|Academy of Accounting Historians
|Announcements are: List of Working Papers Series; Advertisements for Selected Classics of Bookkeeping and The History of Accounting, A Reprint Collection; Third Annual Business Meeting; Papers received; Nomination Notice; Brochure available; Dues notice; Business historians meet; Teaching accounting history?; Publication; SEAAA meet; International meeting; Academy events; Can you help????; 2nd congress set for 1976; Johnson to edit reviews; Annual meeting.
|Accounting Historians Journal, 1975, Vol. 2, nos. 1-4, pp. [116-125]
|Originally published by: Academy of Accounting Historians
|Copyright held by: Academy of Accounting Historians
|Digital Publisher
|University of Mississippi Library. Accounting Collection
|Date-Digitally Created
|AHJ2-1975 p116-125


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subset: commoncrawl


text:
Decided on August 12, 2011
Supreme Court, Kings County
Downey Savings and Loan Association, F.A., Plaintiff,
Dario Trujillo, et. al., Defendants.
Nicholas E. Perciballi, Esq.
Druckman Law Group, PLLC
Westbury Jericho NY
Arthur M. Schack, J.
Plaintiff's counsel, in this foreclosure action, engaged in possible sanctionable conduct by affirming "under the penalties of perjury" to a false statement. In her January 7, 2011 affirmation, required by Administrative Order (AO) 548/10 of October 20, 2010, plaintiff's counsel, Margaret E. Carucci, Esq., of DRUCKMAN LAW GROUP PLLC (DRUCKMAN), was required to confirm the accuracy of the subject foreclosure papers, documents and notarizations. Ms. Carucci stated that she confirmed the accuracy by communicating, on December 24, 2010, with Tammy Denson, an "Officer of Downey Savings and Loan." While Ms. Carucci might have communicated with Tammy Denson on Christmas Eve 2010, plaintiff DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A. (DOWNEY) ceased to exist on November 21, 2008. (See Federal Deposit Insurance Company Press Release 124-2008 of November 21, 2008). [*2]DOWNEY, on December 24, 2010, resided with the Ghost of Christmas Past. Tammy Denson, until November 21, 2008 may have been employed by DOWNEY, but is now employed by DOWNEY's successor in interest, U.S. BANK NATIONAL ASSOCIATION (US BANK). This Court, as will be explained, gave DRUCKMAN an opportunity to correct their AO 548/10 affirmation, in my May 9, 2010 order, but DRUCKMAN failed to do so. Therefore, because DRUCKMAN violated AO548/10 with a false affirmation and my subsequent May 9, 2010 order, the instant foreclosure action, for procedural reasons, is dismissed with prejudice.
Ms. Carucci affirmed "under the penalties of perjury" that she communicated on Christmas Eve 2010 with an officer of a defunct financial institution. This is a deceptive trick and fraud upon the Court. It cannot be tolerated. This Christmas Eve conduct, in the words of Ebenezer Scrooge, is "Bah, humbug!"
Conduct is frivolous if it "asserts material factual statements that are false," an apt definition for "humbuggery." Therefore, Margaret E. Carucci, Esq. and DRUCKMAN LAW GROUP PLLC, will be given an opportunity to be heard why this Court should not sanction them for making a "frivolous motion," pursuant to 22 NYCRR §130-1.1.
Plaintiff DOWNEY commenced this foreclosure action for the premises located at 70 Somers Street, Brooklyn, New York (Block 1542, Lot 21, County of Kings), on July 31, 2008, by filing the summons, complaint and notice of pendency with the Kings County Clerk's Office. Defendant DARIO TRUJILLO (TRUJILLO) never answered. I issued an order of reference for the subject premises on July 15, 2010. Then, plaintiff DOWNEY's counsel, DRUCKMAN, filed with the Kings County Clerk's Office, on January 26, 2011, a motion for a judgment of foreclosure and sale.
At the May 9, 2011 oral arguments, on the motion for a judgment of foreclosure and sale, I discovered that the subject TRUJILLO mortgage and note had been assigned to U.S. BANK NATIONAL ASSOCIATION (US BANK) by the Federal Deposit Insurance Company (FDIC) as Receiver for DOWNEY. The FDIC seized DOWNEY's assets on November 21, 2008 and assigned them to US BANK. Svetlana Kaplun, Esq., of DRUCKMAN, in her January 21, 2011 affirmation in support of the motion for a judgment of foreclosure and sale, stated, in ¶ 13:
The mortgage at issue has been assigned to US BANK NATIONAL
DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR DOWNEY SAVING AND LOAN ASSOCIATION, F.A. Accordingly, it is
respectfully requested that name of plaintiff be amended to US BANK NATIONAL ASSOCIATION, AS SUCCESSOR IN INTEREST TO THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR DOWNEY SAVING AND LOAN ASSOCIATION, F.A. A copy of
the assignment is attached hereto and made a part hereof.
An executed copy of the April 20, 2009 assignment and assumption of interests and obligations from assignor FDIC as Receiver for DOWNEY to assignee US BANK was attached to the motion.
Also attached to the motion was the January 7, 2011 affirmation of Ms. Carucci, as per AO 548/10. According to the October 20, 2010 Office of Court Administration's press release [*3]about the filing requirements of AO 548/10:
The New York State court system has instituted a new filing
requirement in residential foreclosure cases to protect the integrity
of the foreclosure process and prevent wrongful foreclosures. Chief
Judge Jonathan Lippman today announced that plaintiff's counsel in
foreclosure actions will be required to file an affirmation certifying
that counsel has taken reasonable steps — including inquiry to banks
and lenders and careful review of the papers filed in the case —
to verify the accuracy of documents filed in support of residential
foreclosures. The new filing requirement was introduced by the Chief
Judge in response to recent disclosures by major mortgage lenders
of significant insufficiencies — including widespread deficiencies in
notarization and "robosigning" of supporting documents — in residential
foreclosure filings in courts nationwide. The new requirement is
effective immediately and was created with the approval of the
Presiding Justices of all four Judicial Departments.
Chief Judge Lippman said, "We cannot allow the courts in
New York State to stand by idly and be party to what we now know
is a deeply flawed process, especially when that process involves
basic human needs — such as a family home — during this period
of economic crisis. This new filing requirement will play a vital role
in ensuring that the documents judges rely on will be thoroughly
examined, accurate, and error-free before any judge is asked to take
the drastic step of foreclosure." [Emphasis added]
(See Gretchen Morgenson and Andrew Martin, Big Legal Clash on
Foreclosure is Taking Shape, New York Times, Oct. 21, 2010; Andrew
Keshner, New Court Rules Says Attorneys Must Verify Foreclosure Papers,
NYLJ, Oct. 21, 2010).
Ms. Carucci, in her January 7, 2011 AO 548/10 affirmation, affirmed "under the penalties of perjury":
2. On December 24, 2010, I communicated with the following
representative or representatives of Plaintiff, who informed me that
he/she/they (a) personally reviewed plaintiff's documents and records [*4]
relating to this case for factual accuracy; and (b) confirmed the
factual accuracy and allegations set forth in the Complaint and
any supporting affirmations filed with the Court, as well as the
accuracy of the notarizations contained in the supporting documents
filed therewith.
Tammy DensonOfficer of Downey Savings and Loan
3. Based upon my communication with Tammy Denson, as well
as upon my inspection and reasonable inquiry under the circumstances,
I affirm that, to the best of my knowledge, information, and belief, the
Summons and Complaint, and other papers filed or submitted to the
Court in this matter contain no false statements of fact or law . . .
4. I am aware of my obligations under New York Rules of
Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130.
[Emphasis added]
The Court is concerned that Ms. Carucci affirmed to a falsehood, namely, that Ms. Denson is an Officer of defunct DOWNEY. In the presence of Svetlana Kaplun, Esq., who appeared on behalf of plaintiff's counsel, DRUCKMAN, I called the above-listed telephone number for Tammy Denson. Ms. Denson did not answer the phone, but a voice mail message stated that she was an officer of US BANK, not DOWNEY. Therefore, I denied the motion for a judgment of foreclosure and sale, and issued, at the May 9, 2011 oral arguments, the following short-form order:
Plaintiff's motion for a judgment of foreclosure and sale is
denied without prejudice to renew within sixty (60) days of this
decision and order. Plaintiff's counsel claims to represent plaintiff
Downey, a defunct financial institution. Further it appears that
Margaret E. Carucci, Esq., an attorney for plaintiff possibly filed a
false affirmation with the Court. Ms. Carucci affirms under penalty of
perjury that a Tammy Denson is an officer of plaintiff Downey S & L,
which did not exist on 12/24/10, when she signed a sworn statement
as an "officer."
The Court called Ms. Denson in the presence of Svetlana
Kaplun, Esq. today and Ms. Denson, in her voice mail, stated she is [*5]
a loan official of US Bank, not Downey S & L.
Plaintiff has 60 days to file an affirmation from an officer
with the officer's title with US Bank, if it is the true owner of
the subject mortgage and note, as well as a renewed motion for a
judgment of foreclosure and sale.
Then, I received a letter, dated July 8, 2011 (the 60-day deadline for the affirmation from an officer of US BANK and the renewed motion), from Nicholas E. Perciballi, Esq. of DRUCKMAN, about the instant action. Mr. Perciballi stated "[t]his office represents the Plaintiff . . . Please advised that Margaret E. Carucci, Esq. is no longer employed with this firm. With regard to your Short From Order dated May 9, 2011, we respectfully request an additional 60 days so that we may work with our client to produce the documents needed to comply with your Order [sic]." The Court has no idea why DRUCKMAN waited until the last possible day to send me the July 8, 2011-letter. The termination of Ms. Carucci's employment is not an acceptable excuse for delay. I gave DRUCKMAN, on May 9, 2011, sixty days to file a correct AO 548/10 affirmation. It is a waste of judicial resources to grant plaintiff "an additional 60 days so that we may work with our client to produce the documents needed to comply with your Order." Court orders are not issued to be flouted.
Moreover, according to the Office of Court Administration's Attorney Registry, Margaret E. Carucci, Esq., still lists her business address as DRUCKMAN LAW GROUP PLLC, in Westbury, New York. If she is no longer employed by DRUCKMAN, she might be in violation of 22 NYCRR 118.1 (f). This requires an attorney who changes the business address in his or her registration to "file an amended statement within 30 days of such change."
Plaintiff's counsel, Mr. Perciballi, in his July 8, 2011-letter, did not present a reasonable excuse for the Court to grant a sixty-day extension to produce the documents required in my May 9, 2011 order. The Court does not work for US BANK and cannot wait for the multibillion dollar financial behemoth US BANK, to "produce the documents need to comply with" my May 9, 2011 order. The failure of plaintiff's counsel, DRUCKMAN LAW GROUP PLLC to comply with two court orders, Chief Administrative Judge Pfau's October 20, 2010 AO 548/10 and my May 9, 2011 order, demonstrates delinquent conduct by DRUCKMAN LAW GROUP PLLC. This mandates, for procedural reasons, the dismissal with prejudice of the instant action. Failure to comply with court-ordered time frames must be taken seriously and not ignored. There are consequences for ignoring court orders. The Court of Appeals, in Gibbs v St. Barnabas Hosp. (16 NY3d 74, 81 [2010]), instructed:
As this Court has repeatedly emphasized, our court system is
dependent on all parties engaged in litigation abiding by the rules of
proper practice (see e.g. Brill v City of New York, 2 NY3d 748 [2004];
Kihl v Pfeffer, 94 NY2d 118 [1999]). The failure to comply with
deadlines not only impairs the efficient functioning of the courts and [*6]
the adjudication of claims, but it places jurists unnecessarily in the
position of having to order enforcement remedies to respond to the
delinquent conduct of members of the bar, often to the detriment of
the litigants they represent. Chronic noncompliance with deadlines
breeds disrespect for the dictates of the Civil Practice Law and Rules
and a culture in which cases can linger for years without resolution.
Furthermore, those lawyers who engage their best efforts to comply
with practice rules are also effectively penalized because they must
somehow explain to their clients why they cannot secure timely
responses from recalcitrant adversaries, which leads to the erosion
of their attorney-client relationships as well. For these reasons, it
is important to adhere to the position we declared a decade ago that
"[i]f the credibility of court orders and the integrity of our judicial
system are to be maintained, a litigant cannot ignore court orders
with impunity [Emphasis added]." (Kihl, 94 NY2d at 123).
"Litigation cannot be conducted efficiently if deadlines are not taken seriously, and
we make clear again, as we have several times before, that disregard of deadlines should not and will not be tolerated (see Miceli v State Farm Mut. Auto Ins. Co., 3 NY3d 725 [2004]; Brill v City of New York, 2 NY3d 748 [2004]; Kihl v Pfeffer, 94 NY2d 118 [1999]) [Emphasis added]." (Andrea v Arnone, Hedin, Casker, Kennedy and Drake, Architects and Landscape Architects, P.C., 5 NY3d 514, 521 [2005]). "As we made clear in Brill, and underscore here, statutory time frames —like court-order time frames (see Kihl v Pfeffer, 94 NY2d 118 [1999]) — are not options, they are requirements, to be taken seriously by the parties. Too many pages of the Reports, and hours of the courts,
are taken up with deadlines that are simply ignored [Emphasis added]." (Miceli, 3 NY3d at 726-726).
Further, the dismissal of the instant foreclosure action requires the
cancellation of the notice of pendency. CPLR § 6501 provides that the filing of a notice of pendency against a property is to give constructive notice to any purchaser of real property or encumbrancer against real property of an action that "would affect the title to, or the possession, use or enjoyment of real property, except in a summary proceeding brought to recover the possession of real property." The Court of Appeals, in 5308 Realty Corp. v O & Y Equity Corp.[*7] (64 NY2d 313, 319 [1984]), commented that "[t]he purpose of the doctrine was to assure that a court retained its ability to effect justice by preserving its power over the property, regardless of whether a purchaser had any notice of the pending suit," and, at 320, that "the statutory scheme permits a party to effectively retard the alienability of real property without any prior judicial review."
CPLR § 6514 (a) provides for the mandatory cancellation of a notice of pendency by:
The Court,upon motion of any person aggrieved and upon such
notice as it may require, shall direct any county clerk to cancel
a notice of pendency, if service of a summons has not been completed
within the time limited by section 6512; or if the action has been
settled, discontinued or abated; or if the time to appeal from a final
judgment against the plaintiff has expired; or if enforcement of a
final judgment against the plaintiff has not been stayed pursuant
to section 551. [emphasis added]
The plain meaning of the word "abated," as used in CPLR § 6514 (a) is the ending of an action. "Abatement" is defined as "the act of eliminating or nullifying." (Black's Law Dictionary 3 [7th ed 1999]). "An action which has been abated is dead, and any further enforcement of the cause of action requires the bringing of a new action, provided that a cause of action remains (2A Carmody-Wait 2d § 11.1)." (Nastasi v Nastasi, 26 AD3d 32, 40 [2d Dept 2005]). Further, Nastasi at 36, held that the "[c]ancellation of a notice of pendency can be granted in the exercise of the inherent power of the court where its filing fails to comply with CPLR § 6501 (see 5303 Realty Corp. v O & Y Equity Corp., supra at 320-321; Rose v Montt Assets, 250 AD2d 451, 451-452 [1d Dept 1998]; Siegel, NY Prac § 336 [4th ed])." Thus, the dismissal of the instant complaint must result in the mandatory cancellation of plaintiff's notice of pendency against the subject property "in the exercise of the inherent power of the court."
Ms. Carucci affirmed "under the penalties of perjury," on January 7, 2011, to the factual accuracy of the foreclosure papers by communicating with a representative of the defunct plaintiff DOWNEY. The filing of the motion for a judgment of foreclosure and sale by plaintiff's counsel, with Ms. Carucci's false statement, appears to be frivolous. 22 NYCRR § 130-1.1 (a) states that "the Court, in its discretion may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct as defined in this Part, which shall be payable as provided in section 130-1.3 of this Subpart." Further, it states in 22 NYCRR § 130-1.1 (b), that "sanctions may be imposed upon any attorney appearing in the action or upon a partnership, firm or corporation with which the attorney is associated."
22 NYCRR § 130-1.1 (c) states that:
For purposes of this part, conduct is frivolous if:
(1) it is completely without merit in law and cannot be supported
by a reasonable argument for an extension, modification or
reversal of existing law;
(2) it is undertaken primarily to delay or prolong the resolution of
the litigation, or to harass or maliciously injure another; or
(3) it asserts material factual statements that are false.
It is clear that Ms. Carucci's January 7, 2011 affirmation "asserts material factual statements that are false." Further, Ms. Carucci's January 7, 2011 affirmation, with its false statement, may be a cause for sanctions.
Several years before the drafting and implementation of the Part 130 Rules for
costs and sanctions, the Court of Appeals (A.G. Ship Maintenance Corp. v Lezak, 69 NY2d 1, 6 [*8][1986]) observed that "frivolous litigation is so serious a problem affecting the
proper administration of justice, the courts may proscribe such conduct and impose sanctions in this exercise of their rule-making powers, in the absence of legislation to the contrary (see NY Const, art VI, § 30, Judiciary Law § 211 [1] [b] )."
Part 130 Rules were subsequently created, effective January 1, 1989, to give the
courts an additional remedy to deal with frivolous conduct. These stand beside Appellate Division disciplinary case law against attorneys for abuse of process or malicious prosecution. The Court, in Gordon v Marrone (202 AD2d 104, 110 [2d Dept 1994], lv denied 84 NY2d 813 [1995]), instructed that:
Conduct is frivolous and can be sanctioned under the court rule if
"it is completely without merit . . . and cannot be supported by a
reasonable argument for an extension, modification or reversal of
existing law; or . . . it is undertaken primarily to delay or prolong
the resolution of the litigation, or to harass or maliciously injure
another" (22 NYCRR 130-1.1[c] [1], [2] . . . ).
In Levy v Carol Management Corporation (260 AD2d 27, 33 [1st Dept 1999]), the Court stated that in determining if sanctions are appropriate the Court must look at the broad pattern of conduct by the offending attorneys or parties. Further, "22 NYCRR
130-1.1 allows us to exercise our discretion to impose costs and sanctions on an errant party . . ." Levy at 34, held that "[s]anctions are retributive, in that they punish past conduct. They also are goal oriented, in that they are useful in deterring future frivolous conduct not only by the particular parties, but also by the Bar at large."
The Court, in Kernisan, M.D. v Taylor (171 AD2d 869 [2d Dept 1991]), noted that the intent of the Part 130 Rules "is to prevent the waste of judicial resources and to deter vexatious litigation and dilatory or malicious litigation tactics (cf. Minister, Elders & Deacons of Refm. Prot. Church of City of New York v 198 Broadway, 76 NY2d 411; see Steiner v Bonhamer, 146 Misc 2d 10) [Emphasis added]." The instant action, with DRUCKMAN asserting false statements, is "a waste of judicial resources." This conduct, as noted in Levy, must be deterred. In Weinstock v Weinstock (253 AD2d 873 [2d Dept 1998]) the Court ordered the maximum sanction of $10,000.00 for an attorney who pursued an appeal "completely without merit," and holding, at 874, that "[w]e therefore award the maximum authorized amount as a sanction for this conduct (see, 22 NYCRR 130-1.1) calling to mind that frivolous litigation causes a substantial waste of judicial resources to the detriment of those litigants who come to the Court with real grievances [Emphasis added]." Citing Weinstock, the Appellate Division, Second Department, in Bernadette Panzella, P.C. v De Santis (36 AD3d 734 [2d Dept 2007]) affirmed a Supreme Court, Richmond County $2,500.00 sanction, at 736, as "appropriate in view of the plaintiff's waste of judicial resources [Emphasis added]."
In Navin v Mosquera (30 AD3d 883 [3d Dept 2006]) the Court instructed that when considering if specific conduct is sanctionable as frivolous, "courts are required to
examine whether or not the conduct was continued when its lack of legal or factual basis was apparent [or] should have been apparent' (22 NYCRR 130-1.1 [c])." The Court, in Sakow ex rel. Columbia Bagel, Inc. v Columbia Bagel, Inc. (6 Misc 3d 939, 943 [Sup Ct,
New York County 2004]), held that "[i]n assessing whether to award sanctions, the Court must [*9]consider whether the attorney adhered to the standards of a reasonable attorney (Principe v Assay Partners, 154 Misc 2d 702 [Sup Ct, NY County 1992])."
"Nothing could more aptly be described as conduct completely without merit in
. . . fact' than the giving of sworn testimony or providing an affidavit, knowing the same to be false, on a material issue." (Sanders v Copley, 194 AD2d 85, 88 [1d Dept 1993]). The Court, in Joan 2000, Ltd. v Deco Constr. Corp. (66 AD3d 841, 842 [2d Dept 2009]), instructed that "[c]onduct is frivolous it . . . asserts material factual statements that are false."In Curcio v J.P. Hogan Coring & Sawing Corp. (303 AD2d 357 [2d Dept 2003]), plaintiff's counsel falsely claimed that the parties orally stipulated to a settlement of an employee discrimination case. The Curcio Court, at 358, held that "the conduct of [plaintiff's counsel] was frivolous because it was without merit in law and involved the assertion of misleading factual statement to the Clerk of the Supreme Court (see 22 NYCRR 130-1.1 [c] [1], [3])." (See Gordon v Marrone, supra; In re Ernestine R., 61 AD3d 874 [2d Dept 2009]; Glenn v Annunziata, 53 AD3d 565 [2d Dept 2008]; Miller v Dugan, 27 AD3d 429 [2d Dept 2006]; Greene v Doral Conference Center Associates, 18 AD3d 429 [2d Dept 2005]; Ofman v Campos, 12 AD3d 581 [2d Dept 2004]; Intercontinental Bank Limited v Micale & Rivera, LLP, 300 AD2d 207 [1d Dept 2002]; Tyree Bros. Environmental Services, Inc. v Ferguson Propeller, Inc., 247 AD2d 376 [2d Dept 1998]).
Therefore, the Court will examine the conduct of Margaret E. Carucci, Esq. and DRUCKMAN LAW GROUP PLLC in a hearing, pursuant to 22 NYCRR § 130-1.1, to: determine if Margaret E. Carucci, Esq. and DRUCKMAN LAW GROUP PLLC engaged in frivolous conduct; and, allow Margaret E. Carucci, Esq. and DRUCKMAN LAW GROUP PLLC a reasonable opportunity to be heard.
Accordingly, it is ORDERED, that the instant complaint, Index No. 22268/08, is dismissed with prejudice; and it is further
ORDERED, that the Notice of Pendency filed with the Kings County Clerk on July 31, 2008, by plaintiff, DOWNEY SAVINGS AND LOAN ASSOCIATION,
F.A., in an action to foreclose a mortgage for real property located at 70 Somers Street, Brooklyn, New York (Block 1542, Lot 21, County of Kings), is cancelled and discharged; and it is further
ORDERED, that it appearing that Margaret E. Carucci, Esq. and DRUCKMAN LAW GROUP PLLC engaged in "frivolous conduct," as defined in the Rules of the Chief Administrator, 22 NYCRR § 130-1 (c), and that pursuant to the Rules of the Chief Administrator, 22 NYCRR § 130.1.1 (d), "[a]n award of costs or the imposition of sanctions may be made . . . upon the court's own initiative, after a reasonable opportunity to be heard," this Court will conduct a hearing affording Margaret E. Carucci, Esq. and DRUCKMAN LAW GROUP PLLC "a reasonable opportunity to be heard" before me in Part 27, on Monday, September 12, 2011, at 2:30 P.M., in Room 479, 360 Adams Street, Brooklyn, NY 11201; and it is further
ORDERED, that Ronald David Bratt, Esq., my Principal Law Clerk, is directed to serve this order by first-class mail, upon: Margaret E. Carucci, Esq., Druckman Law Group PLLC, 242 Drexel Avenue, Suite 2, Westbury, NY 11590; and, DRUCKMAN LAW GROUP PLLC, 242 Drexel Avenue, Suite 2, Westbury, NY 11590. [*10]
This constitutes the Decision and Order of the Court.
[ipaper docId=62362386 access_key=key-1idusmq24sxdypge06df height=600 width=600 /]


text:
Katherine Paterson is the recipient of the 2006 Astrid Lindgren Memorial Award and the 1998 Hans Christian Andersen Author Award, and a two-time Newbery Medal winner and National Book Award winner. She lives in Barre, Vermont, with her husband, John, and is the mother of four children and the grandmother of seven.
Read more about Katherine Paterson on her website.
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text:
The NCAA Softball Rules Committee is recommending an experimental rule for the use of a new softball during the 2014 fall non-traditional season that is softer but livelier than the current softball being used in NCAA championships.
The committee, which met earlier this month, is interested to see how coaches and players feel about playing with the newly developed softball. The coefficient of restitution for the new ball, which measures the liveliness of the ball, increased from 0.47 to 0.52. And compression, which measures the hardness of the ball reduced from 350 pounds per square inch to 275 pounds per square inch.
All experimental rule proposals must be approved by the NCAA Playing Rules Oversight Panel, which is scheduled to discuss the Softball Rules Committee's recommendation during a conference call on July 16.
"We're asking coaches to try it out in the fall and give us feedback," said NCAA Softball Secretary-Rules Editor Dee Abrahamson. "We are interested in the ball, because it is the ball used in the bat certification process done at Washington State University's Sport Science Laboratory and has several attractive properties."
One of those properties that could be a welcomed is its use in cold weather. Since the softballs used in NCAA play are made with a polyurethane core and a leather cover, the softballs become harder when the temperature drops.
"We have people who complain about breaking their bats in February when they are playing in the cold," Abrahamson said. "With the new ball, whether you are playing in Arizona or North Dakota there should not be much of a difference in the softball's performance."
Another attractive property is its lower severity index, which means a ball that strikes a player will do less tissue damage than if the player was struck with the fastpitch softball currently in use.
Committee members are interested to see how the ball plays in competition and to see if the game will be improved by using it.
New Secretary Rules Editor
Abrahamson, who has been the sport's only secretary-rules editor since 1996, is entering her final year in the position. A national search will take place this summer with the hope of finding a successor, so they can shadow Abrahamson during the 2014-15 academic year.


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Gov. John Hickenlooper: a 14er on the 4th
Climbing one of Colorado's 14ers — mountain peaks above 14,000 feet — on the Fourth of July has been a tradition for Colorado Gov. John Hickenlooper.
On Thursday, the family went up Grays Peak, elev. 14,270 feet.
When Hickenlooper and his wife, Helen Thorpe, separated last year they made it clear they would still do plenty of things to together as a family, and Thursday's holiday was no exception.


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MAPLEWOOD, N.J. -- Calculating the best-priced cookie dough may be a small challenge for the executives of Diamond Enterprises, but making eye contact while paying the cashier is an enormous one.
Diamond Enterprises is a sandwich, salad and snack business run by students with autism and severe learning disabilities at a high school in the state of New Jersey. This year it filled 700 orders, most placed by teachers.
The program at Columbia High School in Maplewood is among a wave of innovative programs in public schools throughout the United States that go beyond the traditional classroom to develop life skills among special-education students.
Special-education students can have difficulty with human interaction, so learning manners and acceptable behaviors such as eye contact is less of a social nicety and more of a survival skill.
"The social piece is at least as important as learning to read and do math," said Eugene Porta, a teacher who oversees the nine students running Diamond Enterprises. "We need to help them develop skills to function in the community."
Tallying up orders and making sales for Diamond Enterprises instills business acumen, but a more valuable lesson also may be the teamwork and interaction that most workplaces require but is often absent from the lives of disabled students.
"We really try very hard to make what's out there in the working world come into the classroom," Porta said. "If it doesn't lead to a job, then at least it will mean gaining independence. We want them to be accepted by people in the community."
The number of U.S. children with developmental disabilities has been climbing over the past decade, reaching nearly one in six, and the fastest growth rate is among those with autism, according to the Centers for Disease Control and Prevention in Atlanta.
At the same time, a study this month criticized the lack of services for adults with intellectual and developmental disabilities, such as group homes or job opportunities. The vast majority are unemployed and live with aging parents, who rarely plan for new living arrangements as they grow older.
That makes it all the more important for special education students to learn skills that will give them their best chance to find and hold a job and live independently.
Special education students in Pittsburgh, in an internship program that embeds them with local businesses, drill in such skills as saying "hello" when entering a room, initiating a conversation and asking for help, said Ashley McFall, the program's transition coordinator.
In Cincinnati, Project Search teaches students not just the technical skills to be a receptionist or cashier but "soft skills" such as waiting for people to exit before entering an elevator, maintaining proper personal space and how much food to eat at a buffet, said Erin Reihle, a program organizer.
In Maplewood this month, an order for two trays of cookies put Diamond Enterprises in high gear, starting with a trip to a grocery for cookie dough. After a few false starts, the group found its way to the refrigerated aisle, and Tristan Williams, 15, (pictured) held a package of dough over his head like a trophy.
"You get 24 cookies for $3.89 and 29 for $4.99. Which is a better price?" Porta asked the students.
"Shantea!" the students immediately called on the group's acknowledged math whiz. She recommended the 24-pack.
Tristan pushed the cart to the self-checkout line, where he scanned the purchase but was thrown a curveball when the machine refused payment and insisted he pay a cashier instead.
Keeping his gaze down, Tristan handed the cashier a $20 bill and dashed back to the machine for further instructions.
He read carefully aloud, "It says 'Pick up your change from the atte, atte..." "The attendant!" his classmates shouted.
He dashed back to the cashier for his change. Meeting her eyes for a split second, he mumbled, "Thank you." Then he headed out the door toward the headquarters of Diamond Enterprises.
Friday, July 1, 2011
High school programs enhance life skills of disabled students
Reuters Life!:
Posted by BA Haller at 3:45 PM


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2013 anniversaries that will inspire a trip
2013 brings some notable anniversaries and associated hoopla. USA TODAY's Jayne Clark highlights five spring and summer events that are worth planning a trip around.
Kearney, Neb.
Why go: Before fast-food outlets and chain motels, there was the Lincoln Highway, the nation's first transcontinental paved road. Though the original 3,380-mile route through 13 states has disappeared in spots, U.S. 30, aka "American's Main Street," still has a huge fan base. Many will pay their respects in Kearney June 30-July 1 at a centennial celebration that is expected to draw a huge collection of really vintage cars (pre-1930). Classic autos spanning five decades will be parked on the town's five-block brick-paved downtown streets.
Don't miss: A 200-car convoy of classic vehicles that will converge in Kearney on June 30, arriving from the Lincoln Highway's eastern and western origins. On July 1, the nearby Great Platte River Road Archway will feature vintage trailers and a re-created stretch of highway constructed from 10 tons of its original bricks.
The deal: Most events are free.
Information: 800-652-9435; visitkearney.org
Birmingham, Ala.
Why go: A half-century after key events unleashed national outrage that helped lead to equal rights, Birmingham is commemorating that pivotal time with exhibits, performances and re-enactments throughout the year. Events are concentrated in the city's Civil Rights District, which includes the 16th Street Baptist Church, where four young girls were killed by a Ku Klux Klan bomb in 1963; at Kelly Ingram Park, site of historic demonstrations; and at the Birmingham Civil Rights Institute.
Don't miss: The May 2 re-creation of the "Children's Crusade," one in a series of non-violent protests in which hundreds of black students marched on City Hall.
The deal: Free audio tours of Kelly Ingram Park, where life-size statues of jailed students and police attack dogs memorialize the Children's Crusade. A related exhibit opens May 2 at the Civil Rights Institute.
Information: 205-458-8000; 50yearsforward.com
Why go: Commemorative events are scheduled statewide throughout 2013, but as the landing spot of the first European explorers, St. Augustine, Ponte Vedra and beach areas along the state's northeast coast are taking center stage with multiple events.
Don't miss: On April 3, five centuries to the day after Spanish conquistador Juan Ponce de León blew to shore and proclaimed this place La Florida, costumed interpreters will re-enact the landing, accompanied by a cannon salute. Other doings: May 10-20, the St. Augustine Romanza will stage 60-plus cultural shows and exhibits. The refurbished Colonial Quarter, a two-acre living history attraction on St. Augustine's waterfront, reopens March 16. And an exhibit featuring 39 works by Picasso is at the city's visitor information center through May 11.
The deal: Visit midweek for savings at area lodgings.
Information: 800-653-2489; floridashistoriccoast.com
San Francisco
Why go: The catamarans are three times faster than in previous races (reaching speeds of up to 60 mph), and for the first time in the history of the Cup, spectators can view the action from the shore. The three-stage marathon event plays out from July through September.
Don't miss: Dynamic changes to the San Francisco waterfront, including a new $90 million cruise-ship terminal that will serve as race headquarters. Look for pedestrian-friendly improvements at popular tourist haunt Fisherman's Wharf, where the new Pier 43 Promenade has plenty of seating with views. America's Cup Park, on Piers 27 and 29, will have entertainment and live race commentary. After dark, take in Bay Lights (March through 2015), an installation of 25,000 LEDs on the San Francisco Bay Bridge.
The deal: Season tickets with bleacher seating start at $999. But spectators can view the action for free from numerous waterfront venues.
Information: 415-391-2000; sanfrancisco.travel
150TH ANNIVERSARY OF THE BATTLE OF GETTYSBURG (June 28-July 7)
Why go: With the sesquicentennials of both the battle (July 1-3) and Lincoln's Gettysburg Address (Nov. 19) in 2013, this Pennsylvania town and adjacent Gettysburg National Military Park are awash in related tributes. Core events are June 28-July 7, including two separate battle re-enactments, living history encampments and the July 1 opening of Seminary Ridge Museum in a former battlefield hospital.
Don't miss: A chance to step into history on July 3, when park rangers lead a battlefield re-enactment of Pickett's Charge, a face-off between Confederate and Union soldiers that marked a turning point in the war. Participants can choose their allegiance.
The deal: Visit before or after the core 10-day commemoration for themed package deals March 17-Nov. 17, which bundle lodging, admission to local attractions and restaurant meals at reduced rates.
Information: 800-337-5015; gettysburg.travel


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|Jill Alves
Whitman, Mass., native
becomes Stonehill's tenth Academic
EASTON, Mass. (June 20, 2012) – Stonehill College senior track & field and cross country standout Jill Alves (Whitman, Mass./Whitman-Hanson Regional) has earned Capital One Academic All-America honors as selected by the College Sports Information Directors of America (CoSIDA) Academic All-America committee.
Alves, who becomes the tenth Academic All-American from Stonehill College, was voted to the Capital One third team for her athletic and academic accomplishments. Alves is the first track & field and cross country student-athlete to earn Academic All-America honors in program history and the College's second female student-athlete, fourth overall, to earn Academic All-America honors during the 2011-12 academic year joining women's soccer junior back Elizabeth Belanger (Hooksett, N.H./Manchester Central) who earned Academic All-America accolades during the fall.
Alves joins Don Prohovich '80 (baseball), Kevin Broderick '93 (football), Julie Stockwell '00 (basketball), Amy Bartlett '02 (lacrosse), Erin Acone '06 (lacrosse), who earned Academic All-American honors in 2005 and 2006, Michael Mashkevich '10 (tennis), Belanger (women's soccer) and Stephen Polito '12 (track & field/cross country) in the exclusive Stonehill College Academic All-America club. Acone, Bartlett and Stockwell hold the distinction of earning both All-America and Academic All-America accolades in their respective sports during their careers.
Alves, a two-time Academic All-District honoree, compiled a 3.46 cumulative grade point average as a psychology major at the College. Alves also collected Northeast-10 Conference (NE-10) Academic All-Conference and USTFCCCA All-Academic accolades this cross country season. In addition, Alves has been a consistent member of both the NE-10 Commissioner's and Athletic Director's Honor Rolls during her time at Stonehill in all three sports.
During this past cross country season, Alves finished 15th overall at the NE-10 Championships covering the 5-kilometer course in 18:34.85, a season-best, to earn All-Conference third team honors and help Stonehill capture its third-straight conference championship, tenth overall in program history. Alves backed up that performance two weeks later with a 13th place showing at the NCAA Division II East Regionals to aid the Skyhawks in their third-straight regional title victory and help secure their 12th-straight trip to the NCAA Division II Championships.
Alves has appeared on the NE-10 All-Conference team for cross country in all four seasons at Stonehill, was named the NE-10 Rookie of the Year in 2008 and has also been selected to the NCAA All-East Region team all four times during her career.
On the track, Alves is the two-time defending champion in the 1,000-meter run (indoors) after successfully defending her title this past season at the NE-10 Indoor Championships with a time of 3:00.96. Alves is the school record holder in the event as she posted a time of 2:56.24 at the New England Championships on February 27, 2010. Alves finished eighth overall earning All-New England honors for her efforts.
|Alves holds three relay records
at the
College and one individual record in the
1,000-meter run (indoors).
Alves also ran the lead leg of the 4x800 meter relay at this year's NE-10 Indoor Championships along with teammates Erin Rielly (Burlington, Mass./Burlington), Elizabeth LaRegina (New Fairfield, Conn./New Fairfield) and Sarah Wilson (West Suffield, Conn./Suffield) placing first overall while establishing a new conference championship record in the process. The quartet broke Southern Connecticut State's record from last season (9:45.71) with a time of 9:29.08. Alves ran a 2:22 split while Rielly posted a 2:22 split, LaRegina ran the third leg in 2:25 and Wilson anchored the relay in 2:19.
Alves is also a member of three school record relay performances including the distance medley (indoor), 4x400-meter and 4x800-meter relays (both outdoor). Alves helped the Skyhawks provisionally qualify for the NCAA Indoor Championships and shatter the previous school record in the distance medley relay along with teammates Maria Curit (Biddeford, Maine/Biddeford), Wilson and senior Maura Ferrarini (Springfield, Mass./Cathedral) at the Boston University (BU) Valentine Invitational on February 11 running a time of 12:03.47. The previous program best was 12:17.17.
Alves, Curit and Wilson also teamed up with senior Christen Carrier (Manchester, N.H./Manchester Central) to break the women's outdoor track and field 4x800-meter relay record by more than ten seconds with a 13th place showing at the 177th edition of the Penn Relays, hosted by the University of Pennsylvania, in front of a crowd of over 35,000 at historic Franklin Field on April 28.
Curit opened up the relay with a split of 2:19.5, Alves followed and posted the fastest split on the squad running the second-leg in 2:16.6, Wilson ran the third-leg in 2:18 and Carrier capped off the record breaking run with a 2:17.1 split as the anchor-leg for a total time of 9:11.51.
At the NE-10 Outdoor Championships, Alves, Carrier, Curit and Wilson placed third overall in the 4x400-meter relay in 3:54.44. Alves also competed in the 1,500-meter run placing fifth overall with a time of 4:43.96. Alves wrapped up her outdoor season with a 23rd place finish at the New England Championships on May 12 running a time of 4:51.25 in the 1,500-meter run.
To be eligible for Academic All-America consideration, a student-athlete must be a varsity starter or key reserve, maintain a cumulative grade point average (GPA) of 3.30 on a scale of 4.00, have reached sophomore athletic and academic standings at his/her current institution and be nominated by his/her sports information director. Since the program's inception in 1952, CoSIDA has bestowed Academic All-America honors on more than 14,000 student-athletes in Divisions I, II, III and NAIA, covering all NCAA championship sports.


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News from the world of Maths
Our cities are filled with buildings, roads, cars, buses, trains, bikes, parks and gardens. They are crisscrossed with power, water, sewage and transport systems. They are built by engineers, architects, planners, technologists, doctors, designers and artists. Our cities are shaped by our environment, our society and our culture. And each and every part is built on mathematics.
You can join Plus author and Charles Simonyi Professor for the Public Understanding of Science, Marcus du Sautoy, on a mathematical adventure in the city. Marcus and his team of mathemagicians are constructing walking tours of the city — but they need your help!
Rising like a giant pringle from the Olympic Park construction site, the Velodrome is the first of the 2012 London Olympic venues to be completed. With its sweeping curved roof and beautiful cedar clad exterior the Velodrome is a stunning building. But what most of the athletes are excited about is the elegant wooden cycle track enclosed inside, the medals that will be won, and the records that might be broken, in the summer of 2012.
With 500 days to go everyone here at the MMP is getting very excited about the 2012 Olympic and Paralympic Games. In July 2012 medals will be won, records broken and stories of triumph and tragedy will be told — and here at Plus we are looking forward to revealing the mathematics behind them.
Today is Pi day - it's March 14th, written as 3/14 in the US - and to celebrate we bring you some of our favourite Pi articles:
A massive earthquake hit Japan earlier today, registering 8.9 on the Richter scale and the largest ever recorded for Japan. The tsunami triggered by the quake brought a 10m high wall of water in northern Japan, and other countries are now waiting for it to hit their shores.
But what causes earthquakes and tsunamis and what can we do to protect ourselves from their destructive power?
When you try to put democracy into action you quickly run into tricky maths problems. This is what happened to Andrew Duff, rapporteur for the European Constitutional Affairs Committee, who was charged with finding a fair way of allocating seats of the European Parliament to Member States. Wisely, he went to ask the experts: last year he approached mathematicians at the University of Cambridge to help come up with a solution. A committee of mathematicians from all over Europe was promptly formed and today it has published its recommendation.
To coincide with the 100th International Women's Day two new competitions to find the best young female mathematical minds in the UK and Europe have been launched.
Almost nothing tangible remains of the legendary Bletchley Park codebreaker Alan Turing. So when an extremely rare collection of papers relating to his life and work was set to go to auction last year, an ambitious campaign was launched to raise funds to purchase them for the Bletchley Park Trust and its Museum. The Trust has announced today that the collection has been saved for the nation as the National Heritage Memorial Fund (NHMF) has stepped in quickly to provide £213,437, the final piece of funding required.


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BARCELONA (Reuters) - Barcelona coach Pep Guardiola and defender Gerard Pique have played down reports of a rift, with both saying the centre back was left out of the Spanish and European champions' last two matches for purely sporting reasons.
Spain international Pique was an unused substitute in the Champions League semi-final first leg defeat at Chelsea last week and Saturday's reverse in the La Liga 'Clasico' at home to Real Madrid, prompting further speculation his relationship with Guardiola had broken down.
Barca host Chelsea in Tuesday's return leg at the Nou Camp and Pique said he was focusing on working hard to win back his place in the starting 11.
"This is a new situation for me because I am used to playing and I haven't had a chance in the last couple of matches," Pique told a news conference on Monday.
"But it's a technical decision for the manager and he chooses who plays and you have to respect that," added the former Manchester United player.
"Every year there are new players and he chooses the team he thinks most capable of winning.
"I take each match at a time and train hard and try to show the coach I deserve to be in the team."
Pique has been a key player for Guardiola since the former Barca and Spain midfielder took charge in 2008, helping the club to 13 trophies including three successive Spanish league crowns and two continental titles.
Spanish media reports have suggested Guardiola does not approve of the high-profile lifestyle Pique leads with his pop-star girlfriend Shakira and even that the coach has asked the club to sell the player as a condition for extending his own contract beyond the end of this season.
Guardiola said it was not his job to control what players did away from the pitch and that Pique's lifestyle was a fundamental part of his character.
"Gerard has a very full life as a person and I am not going to change it," he told a separate news conference.
"Some players only have football and he has football and many other things and that's very important," he added.
"He is forced to live the way he does because that's his character. I love him as he is."
Pique, who came through Barca's youth ranks with Lionel Messi and Cesc Fabregas before moving to United, said he and Guardiola were part of an important era for Barca and he had a "very, very good" relationship with his coach.
"We talk much more than you might think and our daily contact and our daily discussions are very positive," he said.
"We don't just talk about football, we talk about everything. He is always tough on me but I like that."
(Editing by Ed Osmond)


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Wednesday, November 14, 2012
2012 Atlanta Homes & Lifestyles Christmas House
A few days ago, I previewed the 2012 Atlanta Homes & Lifestyles Christmas House. Benefiting Atlanta's Alliance Theatre, the Christmas House features the work of thirteen of Atlanta's top designers, all under the roof of a charming Chastain Park house.
The house is open to the public Thursday through Sunday starting this Friday, November 16 and running through December 9. Kicking off the show house is a Champagne and Candlelight Opening Party which will be held at the house tomorrow night. For more information about the house as well as tickets to the show house or opening night party, please visit the Christmas House website.
Gentleman's Study by Tammy Connor
Living Room by Beth Webb
Dining Room by Jim Howard
Breakfast Room by Gretchen Edwards. (Gretchen told me that the fabrics are by Jim Thompson and No. 9 Thompson and the table accessories are from Travadavi.)
Family Room by Liz Williams
Mud Room and Back Stair Hall by James T. Farmer III
Library by Laura Walker
Young Boy's Bedroom by Barbara Heath. (Much of the room's furnishings are available through Barbara's store, The Mercantile.)
Nursery by Michel Boyd
Upstairs Study by Chris Holt
Master Bedroom and Bath by Amy D. Morris
All photos by Jennifer Boles for The Peak of Chic
6 comments:
love seeing other part of the countries show house.ReplyDelete
Thanks xxpeggybraswelldesign.com
Oh how I wish I was down south for this one! Cant wait to see Jim Howards Dining room! It looks fantastic with such talent here! Getting me in the Holiday spirit,thank you!ReplyDelete
Karolyn- The Relished Roost
Each room is so cultivated, as though someone really lives there. I'm impressed by the "holiday" restraint, too. Nothing seems overdone or cliched, just rich, seasonal beauty. Quite gorgeous!ReplyDelete
I went last Sunday....it was fabulous!ReplyDelete
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Ex-Mo. Legislator indicted in fraud, theft case
Indictment claims Raymond Salva lied to get Social Security benefits
A former Missouri state representative has been indicted by a federal grand jury on charges of theft and fraud.
The five-count indictment accuses Raymond E. Salva, 65, of Sugar Creek, of receiving Social Security disability payments while serving in the Missouri Legislature.
Salva earned $30,000 per year as a member of the Missouri House of Representatives from January 2003 through December 2010. The indictment claims he also received $60,000 in disability payments that he was not entitled to. It also said he deliberately concealed his earnings in the Legislature in order to receive the payments.
"An elected official who is entrusted to make the law must also follow the law," United States Attorney David Ketchmark said. "This kind of deceit and illegal double-dipping from the public coffers is nothing less than theft. Today's indictment alleges that, while purportedly serving the public, he was actually stealing from the taxpayers and betraying the trust of the voters."
According to the indictment Salva applied for disability insurance benefits in February 2000, saying that he was unable to work because of injuries he suffered in a farm accident. Three years later, he signed a form that said he had not been able to work since being disabled. He had been a member of the Missouri Legislature for five months at the time the form was signed.
Prosecutors also said Salva made false statements during two 2008 hearings to settle claims that the government had overpaid his Social Security benefits.


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Third of four parts.
Organizations from the Energy Department's Hanford site in Washington to the state government of Utah are finding significant savings from data center consolidation. But do they have to spend money to save money?
It's not just the number of data centers to be shuttered, but the size of those centers and the energy they consume. Read more.
Utah's state government cut its number of servers from 1,864 to 591 and saved $4 million on its IT budget. Read more.
The goal of any consolidation project is savings. Here's a checklist to help make sure things go right. Read more.
Federal agencies considering creative ways to finance the data center upgrades needed to achieve maximum returns from consolidation might consider using Energy Savings Performance Contracts (ESPCs), which allow agencies to finance energy savings projects without upfront capital outlays. Instead, the contractor is paid back out of future energy savings.
In an ESPC, an agency partners with an energy services company, which performs an energy audit, comes up with a plan for improving energy use and arranges private-sector financing for the project, according to DOE. The energy company guarantees that the project will produce enough energy cost savings — in no more than 25 years — to pay for the work. After it's paid for, any extra savings go back to the company.
The Veterans Affairs Department used ESPC funds for the air conditioning upgrade at its data center. EPSCs have "been around for a while, but it's a fairly new concept in the data center and IT environment," said Jay Owen, vice president of Schneider Electric IT Federal Solutions, which did the air conditioning upgrade for VA.
"Most data centers in the federal market are fairly old, and the heating, cooling and power infrastructure was designed for much lower density equipment," Owen said. "If you bring in all of these virtualized IT systems, it's not going to work with the current infrastructure, or, if it does work, it will be very inefficient."
To solve this problem, Schneider and other vendors are offering high-density pods that can be deployed like building blocks in an existing data center to gradually improve energy efficiency and drive down electric bills. The pods have localized cooling in the equipment racks, which is more efficient than floor-based air conditioning. Military and intelligence agencies are among the early adopters of pods.
"Here is a systematic approach to let you migrate older data centers into a consolidated site over time," Owen said. "You are asking for a much smaller chunk of money as opposed to gutting an entire facility and retrofitting it up front. With the pods, you can get from a [power usage effectiveness rating] of about 3.0, which is average for a legacy data center, to the 1.5 to 1.6 range."
"It's not as good as if you were building a state-of-the-art data center, but it's pretty close."
About the Author
Carolyn Duffy Marsan is a writer based in Milwaukee, Wisc., covering enterprise technology.
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text: Created in August 1994, this is the premiere Fantasy Football Webring. It exists as a network of websites that have a relevance to fantasy football. This ring is open to a variety of websites as long as the page meets our criteria. Certified member sites must be relevant to NFL football and be reasonably maintained.


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Each week PagePath Technologies posts our favorite 3D Print of the Week on Pinterest. Here is this week's post. Here is this week's post. Click on the image to view the post on Pinterest.
Check back again next week for our new selection. If you would like to suggest a "cool" 3D printed item to us, email or call Melissa Sienicki at email@example.com or 630-689-4114


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An Interview with SecurityWatch Summit Panelist Gary Davis
Later this month, PCMag will host the first (but surely not the last) SecurityWatch Summit in New York. The evening's highlight will be a panel discussion on mobile security. I'll be joined by Gary Davis, the worldwide marketing lead for McAfee Consumer, Mobile and Small Business, and several other industry luminaries on the panel.
Interested in attending? We have a limited number of seats available, and if you'd like to attend head over to our signup page ASAP. We will contact you with additional details.
To warm up for the coming discussion, I asked Davis for his thoughts about a few specific topics in mobile security.
Rubenking: PC-based antivirus tools have been evolving for years, while mobile antivirus is a much newer area. How much catch-up does mobile antivirus need to come even with PC-based antivirus?
Davis: You know I think the biggest challenge for mobile is the footprint, making it perform better. With mobile you have limited battery. That is the challenge. As the number of signatures grows, it's a constant battle to make sure the device performs optimally while still offering protection.
Rubenking: It's true that the PC's resources are practically infinite compared to a mobile device.
Davis: Yes, more memory, more CPU, more storage, and the PC is typically plugged in. All those things are gated, they're smalle on a mobile device. When you start loading up antivirus and other security software you can start losing performance. What's important is the balance—a competent product that protects the user without sucking the battery dry and slowing performance.
Rubenking: It's abundantly clear that Apple's iOS is a much tougher target for malware writers than the wide-open Android OS. What possibilities do you see, of any, for locking out Android attacks at the operating system level?
Davis: Potentially it's possible. But they're going to have to dramatically change how they go to market, how they make it available. If they went down the path that iOS takes, or even Windows 8, then potentially yes. The more you can sandbox and limit and put controls on what an app can do with other parts of the system, the better. Today, Android is where Windows was in the nineties. It's a landgrab. They want to get as many users as possible, so they have to be as open as possible. Yes, that adds to the risk, but it gets them market share.
Rubenking: You're on the board of the National Cyber Security Alliance (NCSA). Can you tell us a bit about this group and its aims?
Davis: It's a quasi-governmental industry organization with the intention to educate consumers about being safe online. That's the charter. You've got Verizon, Bank of America, PayPal, Google, Facebook, Homeland Security, the Department of Education, all working in concert to come up with best practiced and educate people to be safe online. We do events to drive awareness, we work with Homeland Security, we hold press events. There have been media buys of TV spots to drive public awareness of the problem.
Rubenking: What sort of threats do you expect to be fighting five years down the road?
Davis: Five years is a long time! If I'm trying to figure out the next big thing from a bad-guy perspective, I'll probably use mobile as the tip of the spear to get into an organization's infrastructure. That's where I'd start. Using mobile to aid and facilitate Advanced Persistent Threats and such. It's going to be very interesting over the next five years.
The way mobile security is viewed, that's a real challenge. Consumers don't give mobile devices the same level of security scrutiny as PCs. They're opening up to bad stuff in ways they wouldn't do on the PC. Unless there's a fundamental shift in mindset so people take the same precautions, if I have malicious intent I'll look to mobile as my way into the organization.
Rubenking: Have you ever been hacked, tricked, or compromised by malware?
Davis: Not by malware, but I had my identity stolen. Back when I was CMO at CommerceQuest, somebody got the personal data from our 401k accounts. I got a call from a big credit card company saying, "I think your identity was stolen." Somebody used my identity to get a $20,000 limit credit card and blew through $18,000 before it triggered an alarm. Why would you give anybody a $20,000 limit on a new card? Give them $2,000 to start! I was quite surprised, and it was very painful. I had to talk to the FBI and the authorities, sign affidavits, put watches on my credit, lots of work to prevent future exposure. You feel very helpless. How does this happen so easily?
What's ironic is that the guy got a few thousand in electronics from Best Buy and then went to return them for cash after the identity theft was discovered. But the authorities didn't think it was enough of a priority to go capture him and bring him to justice.
Rubenking: Thanks, Gary! We'll see you at the SecurityWatch Summit later this month.
For more from Neil, follow him on Twitter @neiljrubenking.


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I'm here at the Microsoft Professional Developer Conference 2005 in Los Angeles, and I just finished giving my presentation entitled "What's New in IE7?" to a pretty full house (for a late afternoon session). I'm still pretty pumped up from my talk, but I wanted to share the features we haven't previously mentioned (and repeat a few we have) for everyone who didn't make it to the PDC. Expect to see more detail on these features in the near future here on the IEBlog, and of course these features will show up in beta 2.
We've continued to develop our new User Experience - in addition to the tabbed browsing, integrated search, shrink-to-fit Web page printing, and redesigned user interface we announced and delivered in beta 1, in my talk today I demoed two new user interface features – first, a Quick Tabs feature, which enables users to view and manage tabs with a live thumbnail view of all tabs in a single window. Secondly, we've implemented a Page Zoom feature, which allows users to zoom the text and graphics of web pages with high visual quality, not only to make the web experience more accessible but also to better support high-resolution screens. Finally, in conjunction with A9.com, we've also announced OpenSearch 1.1 in order to allow users to easily populate their search engine of choice. We're working together with A9.com to provide backward compatible extensions to OpenSearch 1.0 to allow the OpenSearch to define search engines that output HTML as well as RSS. These extensions are being provided under the same Creative Commons license we used for the RSS list extensions.
As promised, we are delivering a web subscriptions platform to provide the tools developers need to build innovative RSS-enabled applications, including the Common Feed List (a central repository for all Web Feed Subscriptions), and the Common Data Store (which provides a single store and download mechanism for subscription content).
We've also continued to enhance our security: with a simplified architecture to defend against malware, system-level protection on Windows Vista, and new ways to protect against personal data theft from fraudulent websites, we've demonstrated our continued commitment to improving security. Building on the security features released at beta 1, upcoming new features will include ActiveX Opt-in: To reduce the attack surface and give users more control over the security of their PC, most ActiveX controls (even those already installed on the machine) will be disabled by default for users browsing the Internet. Users will have the option to enable controls as needed using the same Information Bar they have used to install new controls since Windows XP SP2, and we are proactively working with the largest ActiveX control vendors to make sure the experience is great. We've created a Protected Mode for IE when running on Windows Vista, which reduces the severity of threats to IE and add-ons running in the IE process by eliminating the silent install of malicious code through software vulnerabilities. We do this by automatically running IE in isolation from any other application or process in the operating system and preventing the IE process from writing to any location beyond Temporary Internet Files without explicit user consent. We've improved our cross domain barriers to help limit the potential for a malicious Web site to manipulate flaws in other Web sites and cause the user to download undesired content or software. We've provided a "One Click Cleanup" feature to clear out the history, cache, etc. (which can be disabled by Group Policy). Finally, we've integrated with the Windows Vista Parental Controls to help keep kids safe online by allowing parents to control browsing behavior.
Finally, in recognition of the need for great web developer tools, we are just about to beta a Web Developer Toolbar that provides web developers with rich object model and visual tools which will help them design standards-based HTML and CSS web pages. This feature will be delivered as an add-on for IE6+.
Whew! Sorry for the long run-on post, but I wanted to share the same information we're presenting at the PDC with everyone.
- Chris Wilson


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Abandon common sense all ye who enter here.
Dan Brown's new novel, Inferno — its name borrowed from and its plot built around Dante Alighieri's 14th century epic poem of that title — will no doubt be the bestselling novel of the summer, if not the year. Led by his 2003 blockbuster The Da Vinci Code, Brown's thrillers have sold more than 200 million copies; the new one arrived with a first printing of 4 million.
Inferno fills out Brown's winning template: It brings back Harvard symbology professor Robert Langdon and drops him in the midst of an urgent but incredibly arcane mystery in a gorgeous historical city, this time Florence (with some side trips). It offers a fine vicarious travel experience — Florence is girding for a tourism boom as you read this — and a semester's worth of history, art and architecture lectures. And Brown's short chapters, almost all of them ending in some kind of cliffhanger, did keep me turning the pages.
But Inferno also has one of the flaws that drove me crazy in the other Langdon books, and I'm not talking about the clunky, repetitive writing style. It's that the characters, including the supposedly brilliant ones, so often behave as if they haven't got a lick of common sense. I know, thrillers generally require the reader not to question anything too closely — the old suspension of disbelief argument. But some books ask us to suspend it so far it snaps.
After a prologue in which a mysterious "I" takes a swan dive off the Badia tower in Florence, Inferno gives us Langdon regaining consciousness in a hospital room in that city. Although he seems more upset about the loss of his Mickey Mouse watch and the bloody despoilment of his favorite Harris tweed jacket, he has a grievous head wound and a case of amnesia — he can remember nothing about the last two days, not even how he got to Florence, or why he came.
He doesn't get much time to think about it. Down in the street is a spiky-haired woman in black on a motorcycle — wait a minute, how did the girl with the dragon tattoo get in this book? (Later Brown will name check another publishing phenom when Langdon asks his editor to pay for a private jet: "We don't have access to private jets for authors of tomes about religious history. If you want to write Fifty Shades of Iconography, we can talk.")
The woman in black is an assassin, and, although he has no idea why, Langdon is her target. He's on the run before he's even fully conscious, helped by one of his doctors, Sienna Brooks, a comely young blond with a genius IQ and a shadowy past.
The ensuing mad scramble through Florence — with frequent pauses for Langdon to deliver lectures about a plethora of subjects — centers on Dante's great work about Hell, and it soon points them to a mad billionaire obsessed with something called the Population Apocalypse Equation. (Interestingly, he makes a pretty good case for it, complete with charts.) The villain believes that, for humanity to survive, the world's population must immediately be reduced by about half — and, being an evil genetic engineer with unlimited resources, he's just the guy to set the culling in motion.
But, since evil geniuses always come equipped with colossal egos, he can't resist leaving clues about his nefarious plot. So, like any bad guy would, he digitally alters a Botticelli painting based on Dante's Inferno, hides the image so it can only be displayed by a motion-activated laser inside a tiny glass tube, hides the tube inside an antique carved bone seal and hides the seal inside a titanium biohazard tube that can be opened only with one individual's thumbprint. What could go wrong?
The bad guy is not the only poor communicator. As one of Langdon's friends lies dying, he leaves a clue for the professor not by conveying it in plain English, or even plain Italian, but by referring to a canto of Dante's poem. I know, deciphering arcana is Langdon's bread and butter, but can not one person in the book just say what he means? I had a moment's true empathy with one character, Elizabeth Sinskey, head of the World Health Organization, late in the book: "Sinskey had traveled a long way and was in no mood for a cryptic conversation."
Cryptic conversations aside, the characters do stunningly foolish things, and Langdon in particular is so gullible as to inspire dozens of face-palms. If you knew that bioterrorism was possibly in play, would you get on a train and share a cozy compartment with a brand-new acquaintance whose face is covered with bleeding pustules? Our Harvard prof (and that genius doctor) do so without a second thought.
I did learn many things from Inferno. For example, whenever you have a chance to take a private behind-the-scenes tour of a historic building, the kind that shows you where the hidden passageways and attic catwalks are, do it — you never know when it will come in handy later, to help you escape from an assassin. (They apparently don't take the tours.)
But Inferno left me more often frustrated than enlightened. At one point, another message from the bad guy, this one hidden— where else? — inside a priceless death mask of Dante, mentions a Venetian doge who "severed the heads from horses," and Langdon recalls the horse-head-in-the-bed scene from The Godfather. I longed for a moment for Vito Corleone to show up in Inferno. He knew how to leave a clear, simple message.
Colette Bancroft can be reached at email@example.com or (727) 893-8435.


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How to Track Stock Prices on Your iPhone
You can track stocks and investments using your iPhone, and you can edit the list (adding new stocks you are tracking and deleting any stocks you've lost interest in) whenever you wish. Every time you open the Stocks application — by tapping its icon on the Home screen of your iPhone — it displays the latest price for your stocks, with two provisos:
The quotes may be delayed by up to 20 minutes.
The quotes are updated only if your iPhone can connect to the Internet via either Wi-Fi or a wireless data network.
Adding a Stock to Your iPhone
Tap the i button in the bottom-right corner of the initial Stocks screen.
The i is for info.
Tap the + button in the top-left corner of the Stocks screen.
Type a stock symbol, or a company, index, or fund name.
Tap the Search button.
Stocks finds the company or companies that match your search request.
Tap the one you want to add.View the Stocks screen.
Repeat Steps 4 and 5 until you're through adding stocks.
Tap the Done button in the top-right corner.
Deleting a Stock from Your iPhone
Tap the i button in the bottom-right corner of the initial Stocks screen.
Tap the – button to the left of the stock's name.
Tap the Delete button that appears to the right of the stock's name.
Repeat Steps 2 and 3 until all unwanted stocks have been deleted.
Tap the Done button.


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A team of Danish researchers have found that when listening to a well-spoken person who claims to have divine healing powers, the regions of the brain responsible for skepticism and vigilance become less active.
Using an MRI machine, Uffe Schjødt of Aarhus University in Denmark scanned the brains of 20 Pentecostal Christians and 20 non-believers while playing them pre-recorded prayers. The subjects were told that six of the prayers were read by healers, six by ordinary Christians, and six by non-believers (they were all read by ordinary Christians). According to the New Scientist:
Only in the devout volunteers did the brain activity monitored by the researchers change in response to the prayers. Parts of the prefrontal and anterior cingulate cortices, which play key roles in vigilance and scepticism when judging the truth and importance of what people say, were deactivated when the subjects listened to a supposed healer.
Schjødt says that this explains why certain individuals can gain influence over others, and concludes that their ability to do so depends heavily on preconceived notions of their authority and trustworthiness.... It's not clear whether the results extend beyond religious leaders, but Schjødt speculates that brain regions may be deactivated in a similar way in response to doctors, parents and politicians.
(Via BoingBoing)


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Mentally Challenged Man Kicked, Punched for His New GTA V Game
Sigh. Rohan Dawkins, 21, of Delray Beach, Florida went to a GameStop store on Tuesday to pick up his copy of Grand Theft Auto V. Dawkins, who attends a special needs transitional program for adults during the week, had been saving money from his weekend job at Home Depot to purchase the game. Over the past several weeks, he'd been regularly stopping by the store to pay for it in $10 to $20 installments.
But when he finally walked out the store with the game, a married couple pulled up in a car and asked Dawkins for the time. The man then grabbed the game from Dawkins' hand and got back into his car but Dawkins opened the car door trying to get it back. The women then began to kick and punch Dawkins before they drove off in the car with the game.
The couple, Tommy Davis, 27, and Adele Jones, 26, were identified from surveillance footage and arrested on Thursday, charged with strong-armed robbery and dealing in stolen property. But by the time they were arrested, they could not return the game to Dawkins as they had already sold it for $60.
Dawkins still doesn't have a copy of the game.