New York Business Litigation Attorney Blog

A state lawmaker is trying to figure out a way to adjust New York education law in order to punish students for cheating.

In the wake of the Great Neck SAT cheating scandal that officials have determined was going on for several years throughout Long Island, many officials are looking into the problem.

As we previously reported on our Great Neck education law blog, one teen, now a student at Emory University in Atlanta, devised a scheme where he would take Scholastic Aptitude Tests for students in exchange for money. The plan went so far as boys dressing as girls in order to get into testing sites where they could take the test for another person. It fell apart, the teen told 60 Minutes recently, when some of the test-takers were caught and confessed.

Newsday is reporting that Sen. Kenneth LaValle, R-Port Jefferson, said that the recent arrests of 20 past and present students is cause for concern. He wants tougher enforcement measures put in place for students taking tests in order to determine their eligibility. Prosecutors have previously said that the victims in the scandal were honest test-taking students who were overshadowed by cheating students.

The senator wants to overhaul a 20-year-old law that gives students accused of misconduct in taking the college entrance exam legal protection. LaValle, head of the state Senate Higher Education Committee, said he wants to make one-of-a-kind changes.

The committee will be meeting to discuss potential changes, including increased test security and increases in criminal penalties for those found guilty of cheating. He believes new legislation that would deal with exam fraud will be drafted this winter.

The senator didn't provide many specific changes he wants to make, but told Newsday he wants to change a section of the law that provides legal due process for those accused of cheating. Students whose scores are invalidated can have the test fees refunded, retake the test or seek legal arbitration. The senator has said he wants to amend the 1992 law to reduce students' rights.

The law was put in place to protect students from having the stigma of cheating surround them if they are accused. Some officials argue that colleges and universities should be told if a student was caught or accused of cheating.

Students who are accused of cheating, without relevant proof, shouldn't have their futures destroyed because of school officials' allegations. If students are accused of cheating and then re-take the test and pass, why should universities be informed that school officials made a mistake? Students require rights so that their futures can remain bright.

These laws were enacted for a reason. In fact, they went into place after an incident in Los Angeles where 12 students were asked to retake an AP calculus test after suspected cheating. When all 12, who were students of teacher Jamie Escalante, passed, their experience was made into the move "Stand and Deliver." The New York law was put into place based on that situation, which got much attention.

Continue reading "NY Lawmaker Wants to Strenghten Education Laws For Great Neck Cheating Students" »

The New York Civil Liberties Union recently reported that nearly 90 percent of the arrests of summer school students were of students of color, raising some Long Island civil rights issues.

Some people view civil rights issues as problems of the past dealing with race relations, voting and women's rights. But today there are plenty more issues that have come up as our country becomes more and more diverse.

Immigration, for instance, has become a major topic that brings up arguments daily, including some of which turn violent. States have attempted to create laws that many called racist, while politicians are constantly trying to cash in on the topic. Other issues that deal with civil rights are problems that deal with workplace labor law issues.

This can include discrimination, wage issues, sexual harassment or even physical harassment. Freedom of speech issues, whether at work or in public, can also happen on a daily basis.

NY1 recently reported that the New York Civil Liberties Union studied the numbers of arrests by New York police at the city's 63 public schools between July and September. The organization determined that 68 percent of African-American students were charged by police in that time frame and 90 percent were classified as students of color.

The organization's leaders believe this is disturbing trend and a disparity that must be changed. Black students make up only 29 percent of the student population year-round, yet make up nearly 70 percent of the arrests.

Some students said that they don't feel school safety officers treat all students fairly. Some believe the police treat Hispanic and African-American students more harshly than Asian and Caucasian students. One student told the news station that he had to spend time in jail after being accused of stealing a cell phone and now that will stay on his record permanently.

ACLU officials believe that school officials should take a look at police actions and determine if students are being arrested by officers simply for minor school infractions. Police officials reported that in the last decade there has been a 50 percent drop in major crimes and a 45 percent dip in violent crimes in the schools.

Police and school officials always have a difficult time with this balancing act. On the one hand, they must provide an education that can help students succeed in the future, but they also must provide a safe environment, but one that doesn't lead to unnecessary charges by bullying police officers.

Officers and teachers alike must not be quick to try to blame a student of color based on some type of deep-seeded bias or based on other past events. Each situation must be handled on a case-by-case basis. Students must be given the benefit of the doubt and not punished for something that could hurt their future without probable cause.

Continue reading "Are Black Students' Civil Rights Being Violated in New York?" »

The political season is heating up. As the Republicans attempt to figure out who will challenge President Barack Obama for his position, the rhetoric will be flowing big time throughout the rest of the year.

But what happens when office talk becomes political talk? Workers' opinions can fly and they may dismiss some candidates perhaps based on their race, gender or age. That can lead to hurt feelings and a possible discrimination lawsuit in Long Island.

So, what should be done? For employers, they must create well-worded policies that lay out the proper workplace behavior without trouncing First Amendment rights of their workers. On the flip side, workers who feel words of discrimination are being flung around the office must report this to their supervisors in order to fix the behavior.

The Associated Press recently wrote an article on the topic and spoke with some experts who advise companies to take steps to ensure that their workers are able to voice their opinions in the office, but at the same time make sure other employees don't feel uncomfortable in a hostile environment.

Politics, along with religion, may be the most controversial topics people can discuss in our country. Especially in 2012, where Congress is divided and all sides seem opposed to each other, this is sure to be a big water-cooler conversation piece.

The article provides a few suggestions for this situation:

Don't be overbearing
The key for a boss is not to make the work environment oppressed or overbearing. If the staff typically is hard-working, but gets sidetracked, go easy, unless there is an upcoming deadline for a project. Or, politely suggest they continue their conversation later. Allowing workers to talk during work is a morale builder and shutting it down can end up hurting productivity.

Political talk
The First Amendment doesn't allow employees at a small business to say whatever they want, but some states do allow employees to talk about politics. But these discussions can be problematic when workers get heated.

As mentioned earlier, when people talk about a particular candidate and disparage that candidate based on their race, gender or age, an employee may deem the workplace a hostile environment, which could lead to a discrimination lawsuit in New York.

The first step should be to approach the staffer who made the comments and tell him or her they were inappropriate, whether there was an issue raised by others or not. Expressing opinions is one thing, but demeaning someone is a different thing altogether. As most people know, these conversations can turn to arguments quickly. This can also be problematic.

Employees should be careful using valuable work time to get into these arguments or discussions. This can give companies legitimate reasons to fire or punish someone, even if the conversation started at break or lunch time. If it takes up work time or if company equipment is used to do it, such as e-mail, this can get the worker in trouble.

Continue reading "What Bosses Need to Know to Avoid a Long Island Discrimination Lawsuit" »

New York City hosts one of the best New Year's Eve celebration in the world, but the aftermath can be difficult for many revelers who end up drinking and driving, and subsequently being arrested with a DWI charge in Long Island.

Not a good way to start the new year. Celebrations on December 31 are designed to create hope for the new year, that it may end up better than the year that has just passed. Being charged with a crime, especially one with such a negative stigma, can be tough to take.

As most police agencies do around this time of year, New York law enforcement increased patrols around the holidays as well, setting out to remove drunk drivers from the roads.

But simply having a couple drinks and then driving doesn't mean a person should be arrested or will be convicted. In fact, in many cases, charges are dropped or reduced because of a lack of evidence, so it's important to fight back against these criminal charges.

The New York Post recently reported that DWI charges were actually down throughout New York City from 2011 compared to 2010. Staten Island had an 18.1 percent increase from year to year, according to New York police statistics. But Queens, which led all boroughs in 2010 with 3,297 arrests, had 2,961 in 2011, a 10.2 percent drop.

Brooklyn's DWI arrests dropped 19.8 percent, while numbers in Manhattan dropped 16.2 percent and in the Bronx they were down 15.9 percent. Overall, DWI arrests were down 13.4 percent from year-to-year.

The newspaper reports that police agencies made a stronger effort in 2011 to make arrests throughout Staten Island, especially at the toll plaza at the Verrazano Bridge. That accounted for 80 percent of 2011 arrests.

In other news, My Fox New York reports that a Long Island woman was recently arrested and charged with driving drunk with her two young children in the car. The 36-year-old was arrested one recent weekday night in Suffolk County.

Police charged her with two counts of aggravated driving while intoxicated with a child, two counts of endangering the welfare of a child and one count of driving while ability impaired. The first two charges are felonies.

While some people consider a drunken driving charge to be minor, this situation shows that it can quickly escalate to a felony, which can lead to prison time. Even a first time offense can lead to serious penalties, including jail time up to 15 days, driver's license loss for three months and a fine up to $500.

There are varying degrees of DWI charges in New York and other forms can lead to longer jail time and loss of a driver's license for up to one year, depending on the circumstances. But every case has a defense and the state has a tall order proving the charges beyond all reasonable doubt.

Continue reading "Many New Year's Eve Revelers Now Facing Long Island DWI Charge" »

In Great Neck, 2011 was marked by a major high school SAT cheating scandal that rocked the community and brought additional scrutiny to New York education law matters that were thrust into the limelight.

As Newsday reported recently, the teen who started the cheating scandal appeared on the CBS News show 60 Minutes to talk about his operation and how it flourished. These are issues that require a person skilled in addressing the rights of students and school districts who must combat this type of behavior.

Schools aren't police departments and their means of investigation are much different. The rights they have are also different. In cases where a student is being accused of committing a crime, cheating or violating some school rule, they must have representation.

Time and time again, we see on the news an example of a child who gets suspended or expelled without a high standard of proof from school officials. These types of punishments -- especially in high school as a student is preparing for college -- can mar an otherwise solid record. And the consequences can include missing out on scholarships or having college admissions staff disqualify a student.

The 19-year-old mastermind of the plan, now a freshman at Emory University in Atlanta, told 60 Minutes that he heard of other students paying for grades, but he didn't start doing it until a struggling student asked for his help. Because of relaxed security at testing sites -- officials only ask for a school identification card -- the plan went into effect.

As the scandal's reach was revealed by investigators, criminal charges are now being levied. Officials say that 50 students have been implicated over four Long Island counties and include brokers who matched test takers with students. After three years of conducting the scandal, the teen was caught when test takers confessed.

CBS News reports that at least 20 students so far have been arrested as part of the Long Island scandal, while students in Atlanta, Philadelphia, Washington, D.C., Los Angeles and other areas have been implicated in similar scandals. Teachers are under pressure to ensure test scores remain high and hit certain marks, despite students who need more attention than others.

Schools are constantly under-funded to meet the demands placed on them by federal and state officials, which makes the situation all the more difficult. And colleges and universities are feeling the budget crunch, which is leading to fewer students being admitted. This puts pressure on students, who recognize the stakes and know that if they don't get into the school of their choice, it could hurt their future.

It's a tough cycle to break, but students who end up penalized by school officials without required proof must be stopped. These students require an education law attorney who can stand by their side.

Continue reading "As Great Neck SAT Cheating Scandal Rages On, Education Law Experts Required" »

One of the less-reported issues in recent years during the real estate collapse in this country is the issue of security fraud in New York.

Plenty of news agencies have hit on the problems homeowners face in foreclosures and how bank officials used robo-signing practices and other unethical and unlawful means to secure a foreclosure. Certainly, that has been a big problem.

But there are other victims of the collapse of the real estate market and that has been investors. While banks charge high interest rates on mortgages and take the interest up front before the homeowner actually builds any equity, there is a better way for them to make money.

The banks take groups of mortgages and sell them off to investors. The investment groups get information about the types of loans, possibly the borrowers, the location of the houses and other information. But officials in recent years have questioned whether bank officials committed securities fraud by withholding key information or misleading investors.

One of the chief culprits of this alleged activity, some believe, has been Countrywide, which was purchased in 2008 by Bank of America. Some believe that Countrywide officials misled investors into buying mortgages rife with issues.

But The New York Times is reporting that the Securities and Exchange Commission has filed fraud charges against six former executives with Freddie Mac and Fannie Mae. The Times reports that the S.E.C. is trying to make a splash and show that it isn't afraid to try to take down the government-backed mortgage giants.

But the newspaper raises some issues. The first is where the fraud was committed. Among the S.E.C.'s filings are accusations of executives committing intentional fraud, which is the most serious violation. The S.E.C. alleges that these executives misled investors about Freddie and Fannie's involvement in subprime mortgages by playing down those loans even though their value on the books increased in the years before the 2008 housing collapse.

The cases, The Times reports, will hinge on what information was publicly filed in S.E.C. filings and what information was provided to investors, who had to make a decision whether to invest in these securitizations. The article goes on to state that the case may turn on what a "subprime" mortgage really is and whether investors were misled.

The article also asks why there are no criminal charges. The S.E.C. "charges" are civil rather than criminal and the author suggests no criminal investigation will follow this case. The Justice Department earlier this year dropped its case against Freddie Mac. The civil case requires a lower standard of proof as well.

Also asked is whether this case will act as a preview to other actions brought by the S.E.C. The agency has filed nearly 40 cases related to the financial collapse. But this case deals with senior executives like few others. Will officials go after other executives?

While the burden of proof is lower than in a criminal case, proof is still required in order to investigate and take on these cases. Many investors have lost retirement savings and hope that these allegations of securities fraud turn into more than a dog and pony show for government bureaucrats.

Continue reading "S.E.C. Files Securities Fraud Charges Against Bank Officials in New York" »

There has been a constant cry from those affected by the real estate mess in this country: Why haven't more banks and bank officials been held accountable for the many New York foreclosures that have caused our economy to crumble?

The news media has spent a lot of time during the last several years documenting the collapse of the real estate market. Some have found that bank officials specifically directed workers to create false documents, backdate them in order to meet deadlines for foreclosure and robo-sign documents in order to move them quickly through the court system to steal away peoples' homes.

Yet, even though this fraud has been uncovered from Long Island to Los Angeles, few criminal actions have been taken against the people who clearly have violated homeowners' rights with these unlawful actions. A mortgage may seem like some to be a simple process, but today it likely appears much more complex.

The fabled American Dream included owning a house and that was expected by many people if they were to be seen as successful in life. Yet, now, given the economic climate in our country, some have found that signing the paperwork of home loan to have much more significance.

For those considering owning a home these days, it's best to review all the relevant documents carefully. Also consider consulting with an experienced real estate lawyer to ensure that there are no hidden clauses or fees that could potentially hinder you in the future. Considering the problems many Americans have faced related to foreclosure in the last few years, it may be prudent to take all necessary precautions before signing on the dotted line.

New York's Attorney General Eric Schneiderman has been one of a handful of attorneys general nationwide who have fought the banks and who have decided against settling their lawsuits against the major banks of this nation. While most of the rest of the states are happy to get some quick cash in exchange for not filing any future lawsuits and without any significant information being released about how this happened in the first place, this state's top prosecutor has vowed to continue fighting.

In the most recent news, Reuters reports that Schneiderman has teamed up with the Federal Housing Finance Agency's inspector general to investigate how the banks sold mortgages to investors before the real estate market collapsed.

Banks routinely securitized mortgages and sold them as groups to investors. But in many cases, officials have alleged, banks committed fraud when they underwrote mortgage debt. The investors ended up with bad investments.

In September, the FHFA, the regulator for Fannie Mae and Freddie Mac, sued 17 banks and financial institutions over about $200 billion in losses of subprime bonds. The lawsuits, Reuters states, are an attempt to figure out who is at fault for the financial crisis that started in real estate, moved to construction and now has affected every area of business.

Schneiderman has been among the chief opponents of the $25 billion settlement proposed by other states with major banks over the foreclosure tactics they used to take away people's houses. The settlement wouldn't produce a full investigation of how we got into the situation we're in. The settlement also wouldn't affect loans owned by Fannie and Freddie.

Continue reading "New York Among Few States Criminally Prosecuting Banks For Mortgage Fraud" »

While we're at the tail end of the holiday season, emotions can still run high because of the recent loss of a loved one or because of loneliness or economic troubles brought on by the recession. For those going through a New York divorce, the frustration can be even worse.

As we wind down 2011, whether celebrity or everyday citizen, divorce can be traumatic. We have seen celebrity splits in recent months of Ashton Kutcher and Demi Moore, Kim Kardashian and Kris Humphries, and Kobe Bryant and his wife. Those are only a few examples compared to the many "real-life couples" who have drifted apart in recent years, ending in a 2011 divorce filing.

While divorce can be an emotional roller coaster, it doesn't have to be all bad. Preparation is key and attempting to have an amicable break-up can go a long way toward helping each spouse heal. When children are involved, that's an additional element that must be considered in an effort for everything to work out over time.

A recent article in Lifegoesstrong.com looks at tips to help those who are going through a divorce at this time of year, when companies tell us to be jolly, lights are bright and families plan annual gatherings.

Charity begins at home: If you and your ex aren't amicable, try to be during the holidays. Children are aware of the family's split and talking bad about your ex to your children can cause deep roots.

Try to celebrate as a family: Try to provide a sense of continuity, for the children's sake.

If possible, still give gifts as mom and dad: It reinforces the idea that you're still a family, even if you're split up.

Gifts for the kids: Communicate about gifts so there is no double-dipping, which can lead to a tug-of-war for attention.

Avoid gift guilt: Don't spoil your children with gifts because you feel bad about the divorce. No expensive gift is going to change the fact that their world has been turned upside down.

Keep your emotions in check: The holidays can bring up bad memories and create emotion issues. Don't engage with your children or ex in that state.

Separate holidays and the divorce: Don't use holiday down time to hash out money issues, custody or other issues. Keep the holidays simple and keep the divorce proceedings or issues thereof separate.

Bad surprises: You may find out your ex has a new car, a new mate or your former in-laws are talking bad about you. Don't take it out on your kids and try to shelter them by not bringing it up in front of them.

Emotions will run high: You may think you have it together, but you will stumble. Be prepared and take it in stride. It will happen.

Take a break: Use any downtime you have to relax and rejuvenate.

These are only tips and they may not completely apply to your situation, but they may help. If you are considering divorce, consult with an experienced Great Neck family law attorney who can help make the transition as smooth as possible.

Continue reading "New York Divorce Tips to Survive the Holiday Season" »

The Consumer Financial Protection Bureau recently announced that it is taking credit card complaints and complaints regarding problems with mortgages in New York.

Consumer protection agencies created by the government may provide some oversight for private companies, but often lack the power to create any amount of change. Typically, only legal action taken against a company can result in any meaningful response for a consumer who is wronged.

Consumer complaints can come in a variety of ways and for a variety of reasons. Sometimes, the actions that are taken by companies can directly result in major harm to the consumer. This has been especially true in recent years in the wake of the mortgage foreclosure debacle throughout this country.

Banks have used unlawful and unethical tactics in an effort to take away people's homes. They have used robo-signed documents -- that which are signed by mortgage servicers hired by banks and are supposed to be signed by bank officials who review the paperwork for accuracy.

The banks have also filed paperwork that was intentionally altered to support their taking away of a person's house through foreclosure. By backdating paperwork and having it notarized on dates that couldn't possibly be accurate, the banks were able to take away millions of homes.

The government agency was created this year and was designed to take consumer complaints and pass them on to the companies and set up a tracking system for customers to follow their complaints.

The agency's first report is on credit card complaints. An agency report states that consumers filed more than 5,000 complaints against credit card companies, the first types of complaints that were taken from consumers. Of those, more than 13 percent dealt with billing disputes as their main complaint, while another 10 percent related to identity theft and interest rates. Other complaints filed by consumers dealt with fees, payments, canceling accounts and credit reporting.

In providing its first report since being created in July, the agency reported that it has begun taking complaints about home mortgages as well. Agency officials hope to take all consumer complaints starting next year.

The agency is designed to take consumer complaints and be a go-between for consumers and the companies they deal with. The agency must produce semi-annual reports to Congress detailing the types of reports it is receiving from American consumers.

The information then may be analyzed to determine trends and patterns that may be used to help consumers. Ultimately, however, the agency has no power to make changes that could help consumers, but aims to collect data that may be applied later.

Collecting data on mortgage problems may actually help consumer protection agencies in the future, however. Banks have stripped away people's homes -- millions and counting -- through bad acts and unfair trade practices. Future data may go to addressing the problem and aiding consumers.

Foreclosures are a major issue in this country and will continue to be for years in the future. Many remain hopeful that getting to the root of the foreclosure problem in America will help the real estate market recover more quickly as well. Certainly addressing where consumers have been wronged throughout the mortgage foreclosure problem in New York and nationwide will be a start.

Continue reading "Government Agency Taking Credit Card and Mortgage Complaints for New York Consumers" »

The construction of a Queens casino that lead to six-figure fines by a government agency for safety violations could also lead to a New York workers' compensation claim.

According to the U.S. Department of Labor's Occupational Safety & Health Administration, five contractors were recently cited for alleged hazards in the construction of a casino at the old Aqueduct Racetrack in Queens.

Employers have a duty to ensure that their workers are kept safe at work. That not only means making sure that hazards, such as spills, the possibility of fall hazards, electrical problems and other commonly blamed incidents for workplace injuries are avoided, but also providing training for employees.

When most people think of workplace injuries, they look at construction scenes. With shaky scaffolding and a work-in-progress scene with power tools, heavy machinery, workers at tall heights and other hazards around, that's usually the main place that workers get injured.

But that's not the only place. Workers' compensation claims can be filed for employers who are injured at seemingly mundane office complexes. Spills, electrical issues and overstocked rooms are all reasons that can cause a person to be injured on the job. Also, injuries in vehicle accidents on work projects also may allow a person to seek workers' compensation.

Workers' compensation laws are designed to help workers who are injured on the job. But the laws are complex and can be difficult to navigate. Trust an experienced Long Island workers' compensation lawyer to help you if you are hurt at work and require compensation.

According to OSHA, five contractors have been cited for safety hazards. The government agency has proposed fines of more than $127,000 because of it. Four contractors were cited for allegedly providing inadequate safeguards to protect workers who could be exposed to airborne lead while they are torch cutting. A fifth contractor was cited for allegedly not providing fall protection and training.

OSHA inspectors found evidence that workers were exposed to high levels of lead, protective controls to cut down on that exposure weren't put in place, respiratory protection and protective clothing wasn't given to workers, there were no showers or places to change into clean clothes, and employees weren't given the results of soil and air samples taken at the site.

These serious violations could end up leading to major health problems for the workers, even with the intervention of OSHA. Workplace injuries can not only apply to cuts and bruises and other outer-body injuries, but also cancers and inner ailments that pop up as a result of precautions not taken by employers or because of hazards at work.

Construction contractors understand they have many state and federal laws that they have to follow. Most do a good job, but others lag behind. Part of the reasoning could be financial. It usually costs money to provide training, more equipment and other things needed to comply with the laws.

Not complying can lead to health hazards, which can lead to work injuries. Workers must be smart and cautious, but even that may not be able to prevent the problems that their companies create without proper precautions.

Continue reading "Queens Casino Construction Site Safety Violations Could Lead to New York Workers' Compensation Claims" »

Most television police and law dramas don't fully explain the process involved in the criminal justice system, and more specifically of criminal appeals in New York.

Perhaps that's because it wouldn't make for good television or be entertaining to viewers. That's probably true, but for people steeped in the criminal justice system, it is critically important.

The criminal justice system is a checks and balances-based system. Great Neck criminal defense lawyers are hired to ensure state prosecutors are practicing within the law and not breaking any rules and vice versa. Judges are hired to oversee a criminal defendant's case and to make sure the defendant gets a fair trial in accordance with that person's rights and the local rules of the court.

But the appeals system is to hold all of them accountable. If mistakes are made at the trial level, the appeals process is designed to make sure the defendant has a voice to fix those problems. Sometimes, that results in a new trial. Other times, it means the charges can be dropped altogether if the offenses are that egregious.

Most court officials try to do a good job with the resources they have. But there are examples of overzealous police officers and prosecutors and judges who abuse their power and the result is the defendant's rights being violated. That's what a good criminal appeal is for.

In the recent Maryland case of State v. Allen, a judge's mistake in two separate trials led to the granting of a third trial in a major murder cases. And while State v. Allen deals with murder, this applies to any type of crime, including robbery in New York, burglary in Great Neck or any other type of charge.

This case goes back to 2001, where Jeffrey Allen killed his friend John Butler during an argument. According to court documents, Allen asked Butler for a ride and Butler wouldn't. The two got into a fight and Allen stabbed Butler to death, drove the car off and later crashed it. He was subsequently arrested.

The state charged Allen with first-degree felony murder, first-degree premeditated murder, second-degree murder, armed robbery and other, less serious charges. At trial, a judge made a mistake when he told jurors that in order to convict the name of first-degree felony murder, they could find that he planned the robbery either before or after the murder.

On appeal, a court ruled that an "afterthought" robbery couldn't be the basis for a first-degree felony murder charge. In order to prove felony murder, the state must show that a murder occurred during the commission of another felony, such as robbery.

The court upheld the second-degree murder charge, armed robbery charge and other charges, but sent the felony murder charge back for a new trial. During the second trial, the judge erred when he told jurors that the man had already been convicted of second-degree murder and armed robbery an that they only had to find him guilty or not guilty of felony murder.

By telling jurors the man had already been convicted of those two charges -- the two charges that make up the felony murder charge -- the judge essentially told the jury the defendant was guilty. Again, an appeals court granted a new trial.

This case may have been a rare example, but courts throughout New York have had similar problems. An off-hand remark or a blatant error can lead to a new trial or dropped charges, but only if an experienced Great Neck criminal appeals lawyer is on the case.

Continue reading "New York Criminal Appeal Critical, State v. Allen Shows" »

The government for the last few years has gone out of its way to create programs designed to help Long Island homeowners get help if their house was in danger of going into foreclosure.

Sadly, those programs were designed without teeth and did little to force banks into considering using them. Therefore, many Americans were deceived into thinking they could get a loan modification and ended up in a New York foreclosure with seemingly little way out.

Homeowners have rights and they must be upheld. This has been even more of an issue in recent years as the country's big banks have trampled upon them in the pursuit of taking away people's houses under false pretenses. Bank officials have ordered workers to falsify loan documentation, sign paperwork without checking for accuracy and foreclose on houses while homeowners are attempting to re-work a loan.

A recent Reuters article suggests that the problems with loan modifications have gone a long way toward hampering our country's real estate recovery. There are millions of foreclosures nationwide and people every day are fighting to save their homes.

One way to defend against foreclosure is pointing out the various problems banks have had in violating homeowners' rights along the way. The issue of robo-signing has been a big issue throughout the foreclosure mess. This is where companies pay outside mortgage servicers to process paperwork in foreclosure cases.

That is perfectly legal, but what was unlawful was when these mortgage servicers began signing documents with false notaries and signing as bank officials who never actually saw the documents to verify them for accuracy. These documents were the basis for millions of foreclosures that have already taken place.

While it was robo-signing that spurred all 50 states attorneys to begin investigations and launch lawsuits and cause the banks to halt foreclosures for nearly a year, there have been examples that it is still going on.

Other investigations have found that bank officials ordered employees to alter foreclosure paperwork, backdate information, write up inaccurate information on documents and otherwise falsify documentation in order to have the necessary paperwork to file a foreclosure.

The banks relied on this falsified paperwork to take away people's homes. But as time has gone by, judges throughout the country have become leery of the banks and their work, often finding in favor of homeowners who have stopped paying because banks can't prove who legally owns the house or they have been found guilty of misdeeds.

The Reuters article looks into the "bureaucratic nightmare" that homeowners endure if they try to modify their loan. Many homeowners have told their stories to the news media where they are in negotiations with a bank only to find out that another bank department has started the foreclosure process or denied them because the homeowner didn't send in paperwork they actually did send in or some other manufactured error.

Banks have made small efforts to help homeowners by having one-day fairs where struggling homeowners -- 1 in 12 mortgages is delinquent -- or setting up centers for homeowners. But without those minor efforts, homeowners largely are left to the bank's graces to work out their problems.

Continue reading "Home Loan Modification Programs a Failure and Lead to Long Island Foreclosures" »

New York City recently agreed to pay out $70 million in a settlement after people accused the city of mishandling a Medicaid program there, Reuters is reporting.

Medicaid is a government-backed system managed by states to assist low-income families and people with disabilities with medical and healthcare issues. It is the largest healthcare program in the country as millions of people rely on it to provide needed medications and help for their ailments.

Legal issues stemming from health care in New York can crop up when agencies that govern medical procedures and drug testing for instance, and in this case, Medicaid, fail to do their work properly. Health care is extremely important, as the average person relies on nurses, doctors and specialists to help them make solid decisions that keep them well.

According to the Reuters article, a lawsuit was brought under the False Claims Act in which federal prosecutors alleged that the government had paid out tens of millions of dollars as a result of the city mishandling its personal-care services program. The False Claims Act allows for the recovery of penalties and damages when false claims are paid by the federal government.

From 2000 to 2010, the Human Resources Administration provided 24-hour personal-care services to some Medicaid recipients without proper authorization granted from medical personnel or via independent medical reviews.

The city alleges that the lawsuit, brought by the U.S. Attorney's Office, was based on nothing more than "technical record-keeping deficiencies."

But the U.S. Attorney said that the city attorney's statement contradicts the "stipulation he personally signed and submitted to the court." The city's claim that the lawsuit was based on an issue over "paperwork" was rejected earlier in the case.

Issues of health care in New York can cover a wide variety of issues. An experienced lawyer can assist patients who believe they were wronged or who had benefits denied based on discrimination or other reasons.

But hospitals, health systems, physicians, mental health experts and others can also benefit from sound legal advice. Medical malpractice lawsuits and other allegations of wrongdoing tend to crop up regularly and they must be properly handled by experienced counsel.

These cases are complex and require the legal skills of an attorney, along with medical experts, who have many years' experience. Many times these issues can be resolved without litigation. But in other cases, a lawsuit can bring needed resolution to a lingering issue.

These are often consumer rights' issues as well as healthcare issues combined into one. Therefore, many people can be affected by the outcome of these decisions. With health care always being a hot topic, there are always reasons to get sound legal advice dealing with a person's health and long-term care.

Continue reading "Medicaid Mishandling in New York City Results in $70 Million Settlement For Consumers" »

An article out of Rochester reports that salaries for teachers vary widely throughout New York state. For instance, salaries in the Rochester area rank at the bottom of the state, while teachers in Westchester and Putnam counties outside New York City rank highest. The disparity between superintendents range from $166,000 to $506,000.

In a separate article, Bloomberg is reporting that a record number of teachers are retiring, which could save money for state taxpayers as older teachers with years of raises move out and new teachers getting their first job move in.

Teachers have been battling for decades to earn better salaries. They are consistently underpaid and under-appreciated despite the commitment they have to educating our children. It is easily one of the most important jobs in the country, but it's not profitable and teachers are paid far less.

Education law in New York can often be a contentious area of practice, as it can apply to student discipline issues, the fairness of class sizes in different schools and teachers' rights.

The teacher salary story reports that the average salary for teachers in the Teachers' Retirement System was $57,971 last school year. Salaries vary, officials said, based on cost-of-living estimates, experience and seniority. Also, some teacher's unions have negotiated lower salaries in order to cut down on healthcare costs.

While there are great disparities among counties -- the average annual salaries in Westchester and Putnam counties are around $95,000 per year, while they trend downward to $50,000 in upstate New York -- officials said that cost-of-living averages along with competitive salaries in competitive markets are reasons for the difference in salaries.

The report states that 17 percent of school employees -- about 40,000 statewide -- earn $100,000 or more. About 50 percent earn $60,000 or more. Administrator salaries have come under attack as state officials look for ways to cut the budget. The story states that the retirement system for teachers lost 11,700 through layoffs and attrition.

Bloomberg's story reports there were 8,400 retirements in 2010-2011, up from 5,500 the year before. Teachers and other public employees have separate pension plans.

Officials estimate that the Baby Boomer generation of teachers is now retiring, which is leaving large gaps in the education system. Employees who are in their 60s are retiring after working for the better part of three decades.

But budget cuts shouldn't be a constant excuse for underpaying teachers. And there shouldn't be great disparities when statewide regulations guide all teachers seeking to educate our students and help them be successful as adults. Strong teachers unions are an important step for teachers seeking to get equal rights, but even unions have faced issues in recent years.

Sometimes, legal action is the only way to ensure a person's rights are upheld. Students and teachers are entitled to equality, whether in salaries or learning opportunities. They shouldn't be ignored simply because of budget cuts.

Continue reading "New York Teacher Salaries, Retirement Benefits Always a Fight That Requires Legal Advice" »

The New York Times is reporting that city schools handed out more suspensions in 2011 than 2010, but that may be attributed to less-serious problems increasing while big problems declined.

This is certainly good news, as students should be able to enjoy a safe and sound learning environment. But student discipline in New York can sometimes lead to legal problems when a school district oversteps its bounds.

According to The Times article, there were 73,441 suspensions in 2011, up from 71,721 a year earlier. In that time frame, schools gave fewer "superintendent suspensions," which can kick students out of school for between six days and a few months, depending on the allegations.

The article states there were far more "principal suspensions," which are less serious than superintendent suspensions. Principal suspensions can range from one to five days. Examples of common principal suspensions are for cursing at a teacher or cheating. Superintendent suspensions are likely for fighting and other serious offenses.

The article reports that there isn't reliable data to compare suspensions across the city, especially because the education department has opened small 500- to 600-student schools and are less likely than large schools to dole out large numbers of suspensions. The data released didn't include citywide totals, the average length of suspensions, the age of students and the most common infractions.

The article reports that students were suspended for smoking, arriving late for class, horseplay or being rude. One teacher said many schools will give a kid a slap on the wrist, but principals were more aggressive, suspending kids. At one East Harlem school, there were 294 suspensions and only 266 students. At a larger school of 3,925 students, there were 2,097 suspensions.

Black and Hispanic students receive most school suspensions. More than half of all suspensions were given to black students in 2011, though they account for only about 1/3 of all students. Hispanic students received 37 percent of suspensions and they make up 40 percent of students. About 1/3 of all suspensions were given to special education students.

These numbers fit perfectly with a blog that Great Neck education lawyers wrote recently. It looked at anti-bullying efforts that schools have made and reported that research has shown that disadvantaged students suffer the most from these rules and laws. The UCLA Civil Rights Project reported that minority and disabled students end up getting unjustly punished because of anti-bullying policies. The New York City schools numbers seem to support that conclusion.

All students have a right to an education and without it, they can be put at a greater disadvantage than their peers. As adults, we know how competitive the job market is and college admission is equally difficult. Students must have the opportunity to strive while schools maintain the balance of discipline.

For a student to miss school time for a day or more for "being rude," is ridiculous. Students have rights just like all Americans and they have a right to be treated fairly. If "being rude" doesn't constitute a suspension in one school, but does in another, that is a problem and that means there is room for improvement.

Continue reading "NYC Reports Student Suspensions Up, Serious Crimes Down" »