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June 2, 1994
AUDRA DIANNA WEYBRIGHT, PLAINTIFF-APPELLEE,v.STEVEN BRIAN PUCKETT, DEFENDANT, AND JUDITH A. VOELKER, PETITIONER-APPELLANT.
Appeal from Circuit Court of Macon County. No. 88F252. Honorable James A. Hendrian, Judge Presiding.
Petition for Rehearing Denied July 8, 1994.
Honorable Carl A. Lund, J., Honorable John T. McCULLOUGH, P.j., Honorable Frederick S. Green, J.
JUSTICE LUND delivered the opinion of the court:
Petitioner Judith Voelker filed a petition pursuant to section 607(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/607(b) (West 1992)), seeking to establish visitation rights with her granddaughter, Heather Puckett. The circuit court of Macon County denied her petition and she now appeals.
Petitioner's evidence at the hearing before the trial court established that her son, Steven Brian Puckett, father of Heather, was deceased and that Heather lived with her mother, plaintiff Audra Dianna Weybright. The mother and petitioner's son had lived together before and after Heather's birth, but were never married to each other. The son's paternity of Heather was legally established in 1988. Heather's parents separated when she was approximately five months old. After the separation, petitioner's son had little contact with Heather and did not contribute to her support. Prior to the separation, petitioner had frequent contact with Heather but, afterward, she saw Heather only about three times. She made some efforts to gain visitation, but the mother refused. Petitioner had last seen Heather about four years ago. At the time of the hearing in this case, Heather was five years old.
At the close of petitioner's evidence, the trial court granted a motion by the mother's counsel for judgment in her favor. In doing so, the court voiced a concern about reintroducing a stranger into Heather's life. It found that petitioner had failed to show that it was in Heather's best interest to grant the visitation.
Section 607(b) of the Act provides, in pertinent part:
"The court may grant reasonable visitation privileges to a grandparent, great-grandparent, or sibling of any minor child upon petition to the court by the grandparents or great-grandparents or on behalf of the sibling, with notice to the parties required to be notified under Section 601 of this Act, if the court determines that it is in the best interests and welfare of the child, and may issue any necessary orders to enforce such visitation privileges. Except as provided in paragraph (2) of this subsection (b), a petition for visitation privileges may be filed under this subsection (b) whether or not a petition pursuant to this Act has been previously filed or is currently pending if one or more of the following circumstances exist:
(A) the parents are not currently cohabiting on a permanent or an indefinite basis;
(B) one of the parents has been absent from the marital abode for more than one month without the spouse knowing his or her whereabouts;
(C) one of the parents is deceased;
(D) one of the parents joins in the petition with the grandparents, great-grandparents, or sibling; or
(E) a sibling is in State custody.
(3) When one parent is deceased, the surviving parent shall not interfere with the visitation rights of the grandparents." (750 ILCS 5/607(b) (West 1992).)
This section abrogated the common law doctrine which held that, absent special circumstances, a nonparent could not obtain visitation with a child over the objections of the child's parents. Instead, section 607(b) substitutes the more liberal best-interest standard. In re Marriage of Spomer (1984), 123 Ill. App. 3d 31, 37, 462 N.E.2d 724, 729, 78 Ill. Dec. 605.
Petitioner argues that the burden in this case was on the mother to show that visitation should be restricted, just as if the proceeding were between the custodial and noncustodial parent. She believes section 607(b) of the Act does not require a showing of best interest of the child in cases where the child of the grandparent seeking visitation has died. She cites no case law to support this view. However, she points to subsection (3) of section 607(b), quoted above, as authority for the contention that there is a presumption that a grandparent whose child has died is entitled to visitation and the burden is on the surviving parent to show that this visitation should be restricted. She also relies on the amendment of section 607(b) by the legislature in 1991, which rewrote subsection (3) of section 607(b). (See Pub. Act 86-1452, eff. July 1, 1991 (1990 Ill. Laws 3385).) The following language was contained in that subsection before being eliminated by Public Act 86-1452:
"Further, the court, pursuant to this subsection, may grant reasonable visitation privileges to a grandparent or great-grandparent whose child has died where the court determines that it is in the best interests and welfare of the child." Ill. Rev. Stat. 1989, ch. 40, par. 607(b)(3).
In fact, Public Act 86-1452, which incorporated prior amendments made by Public Act 86-855 (Pub. Act 86-855, eff. Sept. 8, 1989 (1989 Ill. Laws 4684)), Public Act 86-917 (Pub. Act 86-917, eff. Sept. 11, 1989 (1989 Ill. Laws 5290)), and Public Act 86-1028 (Pub. Act 86-1028, eff. Feb. 5, 1990 (1990 Ill. Laws 1)), entirely rewrote subsection (b) of section 607. The elimination of the quoted language from subsection (3) of that section has not resulted in the abrogation of the best-interest-of-the-child standard from cases such as the one here. The overriding concern of the court in any custody or visitation decision is the best interest of the child. A grandparent whose child has died and who seeks visitation under this section must show that it is in the best interest of the grandchild that the visitation request be granted. We reject petitioner's argument that there is somehow a presumption that visitation is proper and the custodial parent must show visitation should be restricted. Grandparents whose adult children have died do not step into their deceased children's shoes in regard to visitation under section 607 of the Act. In fact, prior decisions of the appellate court have noted the reasons for different treatment of grandparents in visitation matters. In In re Marriage of Lindsey (1987), 158 Ill. App. 3d 769, 771, 511 N.E.2d 198, 199-200, 110 Ill. Dec. 363, this court said that section 607(b) of the Act should not be interpreted as equating grandparents' visitation rights with those of parents, noting that parents have responsibilities toward their children which do not burden grandparents, such as caring for, supporting, and educating the children. See also McVey v. Fredrickson (1992), 226 Ill. App. 3d 1082, 590 N.E.2d 996, 169 Ill. Dec. 77.
A trial court's decision regarding visitation will not be disturbed on review, absent an abuse of discretion. ( McVey, 226 Ill. App. 3d at 1083-84, 590 N.E.2d at 997.) Here, the mother's counsel moved for judgment in her favor at the close of petitioner's case, pursuant to section 2-1110 of the Civil Practice Law (735 ILCS 5/2-1110 (West 1992)). In a nonjury trial where such a motion is made, the court is first required to determine whether plaintiff has presented a prima facie case. If not, the court must grant the motion. If a prima facie case has been established, the court must then weigh the evidence, taking into account the credibility of the witnesses and the weight and quality of the evidence. The trial court's decision on the motion will not be reversed on appeal, unless that decision is contrary to the manifest weight of the evidence. Zannini v. Reliance Insurance Co. of Illinois, Inc. (1992), 168 Ill. Dec. 820, 147 Ill. 2d 437, 448-49, 590 N.E.2d 457, 461-62.
In view of the record, we must find that the trial court's decision to grant judgment to the mother was not clearly erroneous. The cases cited by petitioner are distinguishable. In Lyons v. Lyons (1992), 228 Ill. App. 3d 407, 591 N.E.2d 1006, 169 Ill. Dec. 502, the children's parents were divorced in Missouri after the father had suffered disabling brain damage in an auto accident. Custody of the children was granted to the mother. She later remarried and moved to Illinois. The father resided in a Veterans Administration medical center in Iowa. The children's paternal grandmother was appointed guardian and conservator of her son, and she and her husband petitioned the court to establish a specific visitation schedule for the father in conjunction with specific visitation for petitioners as grandparents. The court granted the request, and the mother appealed. The appellate court noted that visitation for the father and the grandparents was inextricably intertwined because of the father's disability and the fact that the grandparents had to supervise his visitation. ( Lyons, 228 Ill. App. 3d at 411, 591 N.E.2d at 1008.) In Lindsey, a paternal grandmother sought visitation rights with her two grandchildren under section 607(b) of the Act. She baby-sat for the children prior to the parents' divorce. The trial court granted the visitation, but restricted visitation to one day per month at the mother's home. The grandmother appealed, contending the visitation was too restrictive. This court noted the existence of the best-interest standard did not guarantee a grandparent would receive visitation. Although the loving, caring grandparent should normally receive unrestricted visitation, the record indicated the grandmother was hostile to the mother, thus justifying the trial court's decision. Lindsey, 158 Ill. App. 3d at 771, 511 N.E.2d at 199-200.
In contrast to the Lyons and Lindsey cases, petitioner in the instant case has had no contact with her now six-year-old granddaughter for over four years. The child would almost certainly not know petitioner. We cannot say that in these circumstances the trial court erred in ruling petitioner had not shown it was in Heather's best interest to grant the requested visitation.
Accordingly, the trial court's order is affirmed.
McCULLOUGH, P.J., and GREEN, J., concur.
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Blog: Coca-Cola Co turns consumers into hard copy with 3D printer
Andy Morton | 2 September 2013
I've written before about the Coca-Cola Co's chops in the marketing department, but its team in Israel has really pushed some boundaries.
To highlight the launch of a smaller bottle for brand Coca-Cola, the company brought winners of a nation-wide competition into a studio and used 3D printers to produce mini-me versions of them.
The results, as you can see from the above video, are strangely out of focus and, if I'm honest, a bit creepy. But you have to agree, it adds a whole new dimension to marketing.
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Companies: Coca-Cola Co
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View this artwork by appointment, at Tate Britain's Prints and Drawings Rooms
- Medium
- Etching and engraving on paper
- Dimensions
- Image: 403 x 540 mm
- Collection
- Tate
- Acquisition
- Transferred from the reference collection 1973
- Reference
Catalogue entry
T01797 [from] An Election 1755–8 [T01796-T01797]
Two plates from a series of four, etching and engraving, various sizes
Transferred from the reference collection 1973
PROVENANCE Unknown
Hogarth's four 'Election' pictures, now in Sir John Soane's Museum, were begun around 1754 and completed in 1755 and partly took as their theme the Oxfordshire election of that year. The corruption of the proceedings, the power of the mob and the ultimate absurdity of the election (a Whig parliament immediately overruling the Tory victory) were among Hogarth's concerns in the series. The print based on the first of the pictures was issued in February 1755, but the remaining three were not issued until early in 1758, despite the dates given in their publication lines. In a newspaper announcement of February 1757 Hogarth attributes the delay to 'the Difficulties he has met with to procure able Hands to engrave the Plates'. His own difficulty with the first plate 'An Election Entertainment' had persuaded him to look elsewhere for the engraving of the others: to Grignion for the second (T01796) and to collaboration with F.M. de la Cave and Aviline for the third 'The Polling', and fourth (T01797) respectively.
T01797 Plate 4: Chairing the Members 1758
Etching and engraving 403×540 (15 7/8×21 1/4) on paper 444×619 (17 1/2×24 1/4); plate-mark 443×552 (17 7/16×21 3/4)
Writing-engraving 'CHAIRING THE MEMBERS. Plate 4|Engrav'd by W. Hogarth & F. Aviline.|Published 1st Janry. 1758 as the Act directs|To the Hon.ble. George Hay, one of the Lords Commissioners of the ADMIRALTY, &c. &c. This Plate is most humbly Inscrib'd By his most Obedient humble Servant|Will.m. Hogarth.'
LITERATURE Paulson 1970, I, pp.234–5, no.201, II, pls.253, 221
The last print of the series (third state) shows the successful but unworthy candidates borne by their constituents through the streets, while strife and intrigue continue around them.
Published in:
Elizabeth Einberg and Judy Egerton, The Age of Hogarth: British Painters Born 1675-1709, Tate Gallery Collections, II, London 1988
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Monday, October 24, 2016
My Twinn "Mallory" as "Emma Woodhouse"
I bought this doll a couple of years ago because she reminded me of Jane Austen's Emma Woodhouse, right down to her "true hazel" eyes! I finally got around to sewing a dress for her to model. I used a heavily modified Morrissey pattern and a vintage floral chintz cotton print. I added a tiny metal cross to a jump ring and ran a length of organdy ribbon through and tied a bow at the back of her neck for a quick Regency style necklace.
Posted by Conni at 5:57 PM No comments:
Labels: doll collection, doll sewing, Jane Austen, My Twinn dolls, Regency Era
Sunday, September 11, 2016
Thursday, August 18, 2016
"Special Relationship"
I'm still playing! On this one, I used a combination of commercial prints, a little silk and a print I stamped on Kona cotton with a hand carved stamp a few years ago.
Posted by Conni at 10:53 PM No comments:
Wednesday, August 10, 2016
"All Warm and Loving"
Posted by Conni at 2:40 PM No comments:
Labels: fiber collage
Friday, August 05, 2016
Monday, July 25, 2016
Garden Mannequin
Posted by Conni at 11:34 PM No comments:
Monday, July 18, 2016
"Carry Me"
This little piece (7" x 10") is made from fabric scraps glued to a base and stitched down by machine. It was inspired by Oregon artist Bonny Gorsuch. In fact, these are some of her scraps I purchased on Etsy (from MyBonny). A few years ago she was featured in Sew Somerset magazine (Winter 2010) and told how she created small artworks from scraps of fabric glued to tag board, then stitched. Her work is a joy to behold! Her wearable art is amazing!
Some of Bonny's scraps I used were cut from thrift store clothing such as the dove (originally a sweatshirt motif, I think) and the button tab from a roll-up sleeve shirt! Other fabrics appear to have been snipped from decorator yardage. There were words cut from fabric, too. I just started arranging a few pieces and a bird cage magically appeared (to me, at least!). I cut out the words "carry me" for a title. Then I added an old St. Christopher medal I had found in a box of buttons. Legend has it that St. Christopher (patron saint of travel) would carry people across a raging sea and one of them was Jesus as a child. Part of a Catholic prayer for protection ends like this: "Carry me safely to my destined place, like you carried Christ in your close embrace." The dove made me think of how we carry the Holy Spirit in our hearts.
Posted by Conni at 10:56 PM No comments:
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Bilingual Legal Investigation and Administration Volunteer
Cause Areas
WhenIt's flexible! We'll work with your schedule.
Where3600 Clipper Mill Road. Suite 350Baltimore, MD 21211
Bilingual Legal Investigation and Administration Volunteer
The American Civil Liberties Union of Maryland seeks a Bilingual Investigation and Administrative Volunteer who will assist communications and outreach to Spanish-speaking clients and communities to advance the mission of the ACLU.
When the government has the power to deny legal rights and due process to one vulnerable group, everyone's rights are at risk. The ACLU of Maryland is dedicated to expanding and enforcing the civil liberties and civil rights of immigrants and to combating public and private discrimination against these groups.
Other issues we work on include:
Education Reform * Fair Housing * Racial Justice * Police Practices * Youth Rights * Open Government * Immigrants Rights * Privacy and Technology * Free Speech * LGBT Rights*
The ACLU of Maryland is looking for a part-time Spanish speaking intern or volunteer to work with the Legal Program in our Baltimore office.
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text: Which do you choose... I have shot all of them and the Glock as well.. To me they all feel better in the hand than the Glock does but a Glock is a GLock. I am looking for a sub compact carry piece.. and I am price conscious.. Which do you choose and why? XD sub compact-- Definitely would choose the Stainless SLide due to rusting issues...love the ergonomics of it... SW99-- probably highest price.. is it worth it..over the others CZ Rami-- What is the consensus here? not as familiar with this model. Glock sub compact-- don't particularly like the feel, but everyone says the more you shoot the more you'll love it... What are your opinions? Are their any others in this price range of lower that I should consider?


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So here it is, a theory about Dante's personal age. Please do enjoy and also, live a comment about Dante's personal age.
This keeps buzzing me for a while now. What do you think? Do you think Capcom is a big fan of Power Rangers or they just did this because they were intended to do so.
As I search around so many profiles on their iMBD page, the likes of Daniel Southworth, Johnny Yong Bosch, and Reuben Langdon were involve in the Devil May Cry projects are also involve in the Power Rangers series coincidentally.Read more >
Everything has it's end though... So that means, there's no such thing as "forever" as every thing has it's own beginning and it's own ending.
And Devil May Cry is one of them, because, well, why the f*** not? Devil May Cry is one of the best games I've ever played before since the dawn of the PS2 era. First game? Chronologically, it's Devil May Cry 3. Too bad I didn't play the original DMC1 because it's very rare here in the Philippines to buy that game.
So, as I think about the legacy of DMC series, from Sparda fighting against Mundus, to Vergil against Dante, and Nero against Dante. I mean, there's no such thing as "Happy Family Reunion" with out fighting, right? So, as I think about it, what if... Capcom decides to end the book? What do …Read more >
Devil May Cry 4: Special Edition is the latest game from CAPCOM that improves it's gameplay and it's content. It also features numerous modes and introducing new playable and returning characters in this game.
And for those who were itching for the next (legal, not the rebooted one) installment of Devil May Cry. Well, you might take a look at the "Heaven and Hell" Mode once you finish the game.
According to the attackonfanboy.com and HyperBitHero's Twitter. There's a message that CAPCOM gave thanks for those who were playing Devil May Cry 4: Special Edition, which is a little bit flattering because somehow you manage to defeat everything after hard times of restarting and dying and finishing every single difficulty. But, here's a catch. After…Read more >
Okay, okay... Order in the court. I know, you were pissed about the ending of Devil May Cry 4's ending from Vergil's perspective. However, I think I know now what is Vergil's plot here despite that it didn't even explain how Vergil's Yamato was on the hands of The Order and why they didn't explain or shown on DMC4:SE how Nero originates. So here's the question: "WHAT THE HEAVEN AND HELL IS VERGIL'S STORY?!"
Okay, so settle down for about 2 minutes and have a moment of silence and cooperation how this ending relates to the main story. So here it goes (SPOILER ALERT!!) (Oh yeah, one more thing, if you play the Devil May Cry 4: Special Edition, the gameplay of Vergil does not relate to the main story.):
Before Devil May Cry 3 took place, Sparda…
Read more >


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Casa Grande de Fuentemayor5
Casa Grande de Fuentemayor, Lugar de Cobas, nº 2 . Cortegada, Silleda , 36545
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In 4 acres of tranquil, idyllic gardens, surrounded by century-old trees, this beautiful historic building offers luxurious accommodation with stunning original features and modern comforts, close to Santiago de Compostela. Originally constructed in the 18th Century (1708) by the priest Don José de Cobas, the hotel's 900m² building was carefully restored in 1995 and fully renovated in 2007. The building's gorgeous original features and traditional Galician-style architecture have been carefully preserved and sympathetically restored.
The hotel now delicately blends all the modern comforts and facilities you need to enjoy a restful, relaxing holiday with striking ancient features and traditional materials, such as granite, chestnut and oak. The hotel's experienced, professional staff can help organise every aspect of your event to meet your own individual requirements, whether you are planning a wedding reception, a christening or a work meeting or conference.
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- Car parking available onsite, Airport Shuttle
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- Wi-Fi Available, Meeting Facilities, Wi-Fi Available In Public Areas, Wi-Fi Available In Rooms, Business Centre, Secretary Service, Translation Service, Private dining services
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Weighty Locked Link Front Closure Buckle Necklace with Rhinestone looks very real. This unsigned beauty has a just under 1/2 inch chain, and closes like a buckle. It can be worn with the detail in the front, back or on the side. It is approximately 17 1/4 inches closed. In excellent condition.
We offer the best in all things Vintage, We now offer payment via the SQUARE.
We are starting my Summer Sale Season, all reasonable offers are considered on older items. Come see us if you are in NYC.


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アブカムでは最適な動作のために Google Chrome など最新ブラウザでの閲覧を推奨します。
A synthetic peptide corresponding to a region of Human DMTF1
Our Abpromise guarantee covers the use of ab80308 in the following tested applications.
The application notes include recommended starting dilutions; optimal dilutions/concentrations should be determined by the end user.
|Use a concentration of 1 µg/ml. Detects a band of approximately 84 kDa (predicted molecular weight: 84 kDa). Good results were obtained when blocked with 5% non-fat dry milk in 0.05% PBS-T.
ab80308 has not yet been referenced specifically in any publications.
Please note: All products are "FOR RESEARCH USE ONLY AND ARE NOT INTENDED FOR DIAGNOSTIC OR THERAPEUTIC USE"


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San Francisco mayor bans government travel to North CarolinaSaturday, March 26, 2016Mayor Ed Lee said that residents in the city with a large gay and lesbian population "will not subsidize legally sanctioned discrimination."
Executive producer of "The 100" apologizes for killing off lesbian characterFriday, March 25, 2016The outcry from fans has been overwhelming.
Netflix will boycott Georgia if governor signs antigay lawFriday, March 25, 2016It's part of Deadline Hollywood's real-time tally of entertainment giants threatening to pull big money from the state.
The 'Obamacare Kid' comes out as transgenderThursday, March 24, 2016At 11, Marcelas Owens stood alongside the president at the landmark bill signing, but at 17, she's forging a new identity
Fox, Lionsgate and Sony may pull production out of Georgia if antigay bill passesThursday, March 24, 2016The bill allows opponents of same-sex marriage to not perform ceremonies, and faith-based groups to not serve LGBTQ people.
This trans woman was forbidden to use the ladies' restroom at her local bar. And she filmed the whole exchange.Thursday, March 24, 2016Joanna, a trans woman, claims the bar's owner has given staff strict instructions not to let transgender people use the bathrooms.
Is the idea of a "lesbian look" outdated and offensive?Wednesday, March 23, 2016A new essay ponders the question after Jennifer Lawrence said she prefers a "slutty power lesbian" style.
Rosie O'Donnell posts birthday pic wearing a "Make Donald Drumpf Again" capTuesday, March 22, 2016She hated Trump before millions did
Lena Dunham will star in (awkward) lesbian sex scene on 'Girls'Monday, March 21, 2016She cries after performing cunnilingus.
Obama, why are you doing this to us?Sunday, March 20, 2016Are you giving us your very best in your final year to torture us -- or to remind us in this urgent moment what a president should look like?
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1. No more bananas.
Elizabeth Carey's mom got things started.
3. It is important
4. Priorities: She's Doing It Right
5. Squirrel Prep Update
6. Cool Merm
7. Plzzzzzz!
8. Add your mom text screenshots below!
Preview Your Response
In The News Today
- The Dakota Access Pipeline will no longer cross under a river near the Standing Rock Sioux reservation, a major victory for protesters.
- The death toll from Oakland's warehouse party fire has risen to 33. "We're expecting the worst and hoping for the best," officials said Sunday.
- An anti-establishment wave has prompted Italian Prime Minister Matteo Renzi to resign after losing a constitutional referendum.
- A woman clapped back at her anti-gay neighbor using festive rainbow Christmas lights 🎄👏


text:
Kimmy #
Girl, born 2013
This 3 years old girl has been diagnosed with PDD – Pyruvate dehydrogenase deficiency (PDD), Spastic quadriplegia with axial hypotonia, microcephaly and dismrphic facies. She has rehabilitation every day and is on a special Pyruvate dehydrogenase diet due to the PDD.
She is a little sweet girl with big brown eyes, white skin and auburn hair. She has small feet and such tiny legs. She is very sociable and emotional child, who loves attention and loves the contact with adults and children. The staff reported that she grabs a toy with her right hand and holds it for a short time. She really loves to be tickled on the legs and laughs with voice. She can stay in a sitting position in chair alone.
Because we only have this child's file for a short time, she will not be able to receive donations until a family is found for her.


text:
- Photography
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- Used
- Shop Categories
- Used Dept
You have until Feb 1, 2017 to return or exchange items purchased between Nov 1, 2016 and Jan 1, 2017.
All other standard return policy conditions apply.
The Jobu Design Pro2 gimbal head is the latest flagship of Jobu's well-regarded Black Widow line of gimbal heads, which are crucial for supporting extremely heavy, long lenses. This Pro2 version is lighter than its predecessor by a couple of ounces, and it's also quite a bit stiffer and stronger. The head supports over 35 pounds, so it's more than capable of bearing any lens and DSLR camera combination you're able to mount on its swing arm.
Wildlife photographers know the importance of a gimbal head for supporting long telephoto lenses when they're stalking and shooting their "prey." A gimbal head suspends the weight of a long lens below the axis of the gimbal head's swing arm. This establishes much better stability than balancing such a heavy load on the single point of a ball head. Even when all locking knobs are loose on a gimbal, the camera and lens are well supported from underneath; the swing arm's Arca-compatible clamp secures the lens foot at the center of gravity of the camera and lens. This way the operator can tilt and rotate the lens easily on the swing arm—even with a single finger—to reposition quickly.
|Load Capacity
|More than 35 lb (15.9 kg)
|Spirit Level
|Tripod Mount
|11.4" (29.0 cm)
|3.5 lb (1.6 kg)


text:
|Publication number
|Publication type
|Application number
|Publication date
|Feb 20, 1990
|Filing date
|Sep 21, 1987
|Priority date
|Sep 21, 1987
|Fee status
|Also published as
|Publication number
|William A. Szabela, Gordon R. Burns
|Original Assignee
|Landis & Gyr Metering, Inc.
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (18), Non-Patent Citations (4), Referenced by (53), Classifications (8), Legal Events (9)
|External Links: USPTO, USPTO Assignment, Espacenet
This invention relates to electronic watthour meters and demand registers utilizing microprocessors having a program clock performing timekeeping functions for the register. In particular, the invention relates to calibration of the program clock based on the line frequency of the AC supply.
Since the advent of solid state electronics into the field of AC power consumption measurement, increasingly sophisticated watthour meters and demand registers have utilized programmable microprocessors. These microprocessors accumulate and store usage data, perform involved calculations over programmed time periods and control comprehensive digital displays. Since real time plays an essential role in the function of these electronic watthour meters and demand registers, some means for timekeeping, such as a program clock, is incorporated into the microprocessor.
Most program clocks are maintained by the line frequency of the AC source supplying the load being monitored. The AC line frequency is carefully controlled by the power companies, consequently a clock maintained by this line frequency is sufficiently accurate for the purposes of a demand register. Most power companies provide AC electricity at a line frequency of either 50 Hz or 60 Hz. In the past, separate meters or registers have been provided having a program clock programmable for either a 50 Hz or a 60 Hz signal.
In light of this background, it is an object of the present invention to provide a means for sensing the line frequency and automatically programming the microprocessor program clock accordingly. Another object is to provide a single demand register to accommodate a number of line frequencies without outside intervention.
An electronic demand register for measuring AC power consumption from an AC source includes a microprocessor having a program clock, or an internal timing signal, proportional to the line frequency of the AC source, and means for automatically calibrating the generation of the timing signal based on the line frequency of the AC source. The calibrating means includes a detection circuit for generating a first signal corresponding to the line frequency of the AC source and a quartz crystal for generating a reference timing signal. The calibrating means further includes a timer/counter, based on the reference timing signal, for determining the period of the first signal and for comparing this period to the known period of a 50 Hz or a 60 Hz signal to determine the line frequency.
The electronic demand register may include means in the microprocessor for determining date and time and a digital display for continuously simultaneously displaying the time and the date. The electronic demand register may also include a pulse initiator having a rotatable disk, and the digital display may include a plurality of LCD segments, arranged in a pattern, that are sequentially illuminated corresponding to the rate of rotation of said disk.
FIG. 1 is a block diagram illustrating the electronic demand register of one embodiment of the present invention.
FIG. 2 is an operational flowchart for the frequency comparator of the demand register of the present invention.
FIG. 3 is a representation of the face of the electronic demand register showing the LCD display of one embodiment of the present invention.
For the purposes of promoting an understanding of the principles of the invention, reference will now be made to the embodiment illustrated in the drawings and specific language will be used to describe the same. It will nevertheless be understood that no limitation of the scope of the invention is thereby intended, such alterations and further modifications in the illustrated device, and such further applications of the principles of the invention as illustrated therein being contemplated as would normally occur to one skilled in the art to which the invention relates.
In the preferred embodiment, a demand register 10 receives signals 11 from a watthour meter corresponding to the AC power consumption by the monitored load, as idealized in the block diagram of FIG. 1. The register 10 may be physically remote from the meter or form an integral part of the meter. The register 10 includes a power supply 12 connected across the AC voltage source. A voltage regulator 13 converts the AC signal from the power supply 12 to a DC voltage at a level compatible with the solid state circuitry of the register, typically about 10 volts. The DC voltage from regulator 13 is provided to a microprocessor 14 that may, for example, accumulate and store power consumption data and perform time-of-use or load profile calculations. Outputs from microprocessor 14 may feed auxiliary I.C.s, such as peripheral interface chip 15a, separate RAMs 15b or an LCD display means 15c.
A line frequency detection circuit 20 is included in a power supply 12. The detection circuit 20 generates a test signal 21, input to microprocessor 14, representative of the line frequency of the AC voltage source. In the preferred embodiment, the line frequency detection circuit includes a Schmitt Trigger that generates a periodic waveform at a frequency double the line frequency. Thus, for a 60 Hz line frequency, the detection signal 21 is a 120 Hz square wave. A quartz crystal 22 provides a reference signal 23 to microprocessor 14. In the preferred embodiment, quartz crystal 22 is a crystal oscillator having a frequency of 11.0592 MHz.
The microprocessor 14 includes a program clock 24, maintained by the line frequency of the AC source, that provides the internal timekeeping signal for the operation of the microprocessor. The microprocessor 14 also includes frequency comparator means 25 that receives the detection signal 21 from the line frequency detector circuit 20 and the reference signal 23 from the quartz crystal 22. In the preferred embodiment, the frequency comparator means 25 comprises a program resident on microprocessor 14. The operation of this program is described with reference to the flowchart in FIG. 2.
Storage locations in the internal RAM of microprocessor 14 are initialized at steps 50 and 51 for a 50 Hz, 60 Hz and Reference Timer counter. The Reference Timer counter is driven by the quartz crystal reference signal 23. The program commences when a zero crossing of the AC input is encountered at step 52, that is when detection signal 21 pulses. When the counting portion of the program commences, the Reference Timer is cleared (step 53) and then begins timing at conditional loop 54 until another zero crossing is encountered from detection signal 23. When the condition at step 54 is satisfied, the Reference Timer counter contains a value corresponding to the amount of time elapsed between zero crossings, or between pulses of the detection signal 21.
In steps 55 and 65, the value in the Reference Timer counter is compred against a value corresponding to the period of a 50 Hz signal (1/50) or a 60 Hz signal (1/60)within an error constant (epsilon). If neither test of steps 55 or 65 is met, program control returns to step 53 and the Reference Timer is restarted. If either of the conditionals in step 55 or step 65 is satisfied, the respective 50 Hz or 60 Hz counter is incremented in step 56 or 66, respectively. This sequence of steps is repeated until five zero crossings at one of the frequencies has been encountered, according to conditionals 57 and 67. Finally, when either of the conditionals 57 or 67 is satisfied, the operating system parameters for the microprocessor 14 and program clock 24 are established, for 50 Hz in step 58 or for 60 Hz in step 68.
The present invention provides an automatic means to program the microprocessor program clock based on the line frequency of the AC sources. Since the frequency detection and program clock calibration occurs automatically when power is supplied to the register, no outside intervention is required to establish the program clock. An additional benefit is that one meter can be adapted to accommodate a number of line frequencies. Additional logic in the frequency comparator means of the microprocessor can be added to make a similar line frequency determination for other frequency values.
One of the timekeeping functions of the program clock 24 is to maintain real time. Thus, demand register 10, or more particularly microprocessor 14, can maintain accurate date and time-of-day information. In another aspect of the present invention, display means 15c, mounted on the face of the demand register 10, includes LCD segment arrays 30, 31 and 32. LCD segment array 30 provides a continuous display of the time-of-day in hours and minutes, while LCD array 31 provides a continuous display of the date by month, day and year. LCD array 32 provides a sequential display of load consumption informaiton (such of time-of-use and load profile date), separate from the date and time displays on LCD arrays 30 and 31. Microprocessor 14 is programmed to effectuate such a display. In prior art electronic demand registers, a single LCD segment array is provided by which all data, including date, time and usage information, is sequentially displayed. To applicant's knowledge, no prior art device provides a continuous simultaneous display of the date and the time-of-day, with a separate sequential display of usage data. Such a display is beneficial to the consumer or meter-reader, because it allows the user to sequentially display usage information on LCD segment array 32 while having a continuous indication of the date and time for convenient reference.
Another feature of the demand register 10 of the present invention is the "caterpillar crawl" LCD segment array 33 at the lower portion of the display means 15c shown in FIG. 3. The LCD array 33 includes twelve LCD segments, such as LCD 33a, controlled by microprocessor 14 to correspond to the rotation of the rotating shutter disk of an optical pulse initiator included in electronic demand register 10. LCD segments in LCD array 33 are sequentially illuminated in groups of three segments to correspond to the rotation of the shutter disk. In the preferred embodiment, the sequential display is bi-directional to accommodate forward and reverse rotations of the shutter disk.
While the invention has been illustrated and described in detail in the drawings and foregoing description, the same is to be considered as illustrative and not restrictive in character, it being understood that only the preferred embodiment has been shown and described and that all changes and modifications that come within the spirit of the invention are desired to be protected.
|Cited Patent
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|"Instructions-Type TMR-92 TOU Electronic Demand Recording Register", by General Electric, vol. GEH-5053, pp. 1-81, date unknown.
|Instruction Manual for an Electronic Demand Recording Register, entitled "Instructions Type TMR-92 TOU Electronic Demand Recording Register", General Electric Publication No. GEH-5053, pp. 6, 7, 12, 13 and 43.
|Instruction Manual for an Electronic Demand Recording Register, entitled Instructions Type TMR 92 TOU Electronic Demand Recording Register , General Electric Publication No. GEH 5053, pp. 6, 7, 12, 13 and 43.
|Instructions Type TMR 92 TOU Electronic Demand Recording Register , by General Electric, vol. GEH 5053, pp. 1 81, date unknown.
|Citing Patent
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|The United States Of America As Represented By The Administrator Of The National Aeronautics And Space Administration
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|John Bergman
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|U.S. Classification
|International Classification
|Cooperative Classification
|European Classification
|Nov 16, 1987
Owner name: LANDIS & GYR METERING, INC., 3601 SAGAMORE PARKWAY
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST.;ASSIGNOR:SZABELA, WILLIAM A.;REEL/FRAME:004813/0104
Effective date: 19870924
Owner name: LANDIS & GYR METERING, INC., 3601 SAGAMORE PARKWAY
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST.;ASSIGNOR:BURNS, GORDON R.;REEL/FRAME:004813/0105
Effective date: 19870924
|Aug 16, 1993
|Fee payment
Year of fee payment: 4
|Aug 4, 1997
|Fee payment
Year of fee payment: 8
|Sep 25, 1998
Owner name: SIEMENS TRANSMISSION & DISTRIBUTION, LLC, NORTH CA
Free format text: MERGER;ASSIGNOR:LANDIS & GYR UTILITIES SERVICES, INC.;REEL/FRAME:009472/0887
Effective date: 19980625
|Apr 12, 2001
Owner name: SIEMENS POWER TRANSMISSION & DISTRIBUTION, INC., N
Free format text: CERTIFICATE OF INCORPORATION;ASSIGNOR:SIEMENS TRANSMISSION & DISTRIBUTION, LLC;REEL/FRAME:011700/0469
Effective date: 19990922
|Jul 23, 2001
|Fee payment
Year of fee payment: 12
|Aug 15, 2001
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Does Consolidating Bills Improve Your Credit Score?
There has been lots of news recently about consolidating bills hurting your credit score. There are few ways to look at this, but for most people using a consolidation company will significantly improve credit score.
Consolidating bills will hurt your credit score if you choose that route but don't need to. If you can afford to pay your debts without consolidation you will be best off, but for most people that isn't an option. There will always be a line on your credit report that states that you had to use a consolidation company to get you out of debt. With that on there, your score may never be as high as it could without it. Unfortunately, lots of people can't overcome their debt on their own. So you must weigh the consolidation assistance versus the blemish on your credit report. If you cannot overcome the debt while maintaining food in your family's mouths, consolidation assistance is probably the route to take.
Let's take a look at some of the factors to consider when determining if bill consolidation is the best route for you to take.
Can You Get Out of Debt on Your Own?
Before considering bill consolidation figure out how bad your situation actually is. Get a copy of your credit report so that you can see all of your outstanding debt in one place. With this, figure out how much you owe. That amount will probably be hard to swallow, but it's important to know what you're up against.
Armed with your total, grab a bill from each company to see what your payments are like. If you're only paying the interest, you're never going to tackle this on your own. With all of your information in front of you figure out how much money you can afford to spend per month. If you can start paying them down, get to work, consolidating bills may not be needed! If not, read on.
Negotiating With Creditors
Before consolidating bills, it's certainly possible to call up each of your creditors (or collection agencies) and explain your situation to them and see if there is anything they can do to reduce the amount that you owe them. Most creditors will be happy getting something from you rather than nothing at all, and almost all of them are much more willing to negotiate during this economic recession. Use that to your advantage.
Begin by explaining to them some sort of hardship that you've gone through recently that has prohibited you from making your payments. Obviously, don't lie to them, but don't be scared to make a situation seem harder on you than it actually was. Job loss, injury, and family issues work well as "financial hardships" to justify your case to the creditors.
After hearing your case, they will decide if it's possible to reduce your debt. Usually, the late fees and penalties are the first to be removed, but if you present a great case some of the built up interest can be waived as well and you can consider loans for consolidating bills.
Loans For Consolidating Bills
If your credit score is still intact, a popular method for consolidating bills is to go to the bank and take out a loan that will cover your debts, then pay the loan back. Do this after you've negotiated with all of your creditors get them as low as possible. If you can get a loan for consolidating bills, some of the creditors will be able to lower your debt even more if you pay them in a lump sum, rather than in installments.
When To Find A Debt Consolidating Company
If you can't get a loan for consolidating bills, or don't have the time to negotiate call a consolidation company. They will take care of consolidating bills for you.
The blemish on your credit score for using a consolidation company is insignificant if it is your best option for getting out of debt. Personally, I don't care about that small blemish if I don't have to worry about creditors and collectors anymore!
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Artist Sam Buxton creates some amazing fold out artworks using only a single sheet of metal. The Mikroworld ships flat, and then you fold out the scene yourself using the supplied instructions. It's flat-tastic.
[Mikro Mart]
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Fold-Out, Metal, Mikroworld, Sam-Buxton
© 2016 Didn't You Hear.... All Rights Reserved.


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August 18, 2008
SAMUAL DE ASIS, PRO SE,v.NEW YORK CITY POLICE DEPARTMENT, ET AL., DEFENDANTS.
DORA L. IRIZARRY, United States District Judge
Plaintiff filed the instant action against Defendants alleging various constitutional and statutory federal claims, as well as state law claims, arising out of the issuance and resolution of three parking tickets. Defendants filed the instant motion seeking dismissal, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief may be granted. Plaintiff opposed the motion. For the reasons set forth more fully below, defendants' motion is granted.
The following facts are undisputed and taken from the complaint and its attachments unless otherwise noted. Defendant New York State Parking Violations Bureau ("PVB") issued plaintiff three parking tickets. PVB issued the first ticket on February 26, 1999, the second on August 20, 1999, and the third on June 20, 2006. After plaintiff participated in administrative procedures, PVB dismissed each ticket. On November 27, 2006, plaintiff filed a Notice of Claim with the Office of the Comptroller for the City of New York ("Comptroller") seeking damages in the amount of two hundred-fifty thousand dollars for economic and psychological injuries. (See Compl., Ex. A.) The Comptroller dismissed plaintiff's claim on April 20, 2007.
(Id.) Plaintiff filed the instant action on September 18, 2007, against the New York City Police Department, Department of Finance, and PVB, and Maureen Brown, John Doe 1, and John Doe 2 (collectively, the "Defendants"). Plaintiff alleges claims under (i) the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution, (ii) 42 U.S.C. §§ 1981, 1983, 1985, and 1986, and (iii) state common law.
I. Standard of Review
Rule 12(b)(6) of the Federal Rules of Civil Procedure states that a defendant may move, in lieu of an answer, for dismissal of a complaint for "failure to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). On a motion to dismiss, the court accepts as true all well-pleaded factual allegations and draws all reasonable inferences in the plaintiff's favor. See Dangler v. New York City Off Track Betting Corp., 193 F.3d 130, 138 (2d Cir. 1999). In Bell Atlantic Corp. v. Twombly, the Supreme Court retired the standard set forth half a century ago in Conley v. Gibson, that a complaint should not be dismissed "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief," in favor of the requirement that plaintiff plead enough facts to "state a claim to relief that is plausible on its face." Bell Atlantic, 127 S.Ct. 1955, 1968-69, 1974 (2007) (quoting Conley, 355 U.S. 41, 45-46 (1957)). To be facially plausible, a complaint cannot make merely "a formulaic recitation of the elements of a cause of action," but must allege facts that "raise a right of relief above the speculative level on the assumption that all allegations in the complaint are true (even if doubtful in fact)." Bell Atlantic, 127 S.Ct. at 1964-65 (citations omitted). The Second Circuit interpreted Bell Atlantic to "requir[e] a flexible 'plausibility standard,' which obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible," rather than to mandate a "universal standard of heightened fact pleading." Iqbal v. Hasty, 490 F.3d 143, 157-58 (2d Cir. 2007).
When material outside the complaint is "presented to and not excluded by the court, the motion must be treated as one for summary judgment . . . and all parties must be given a reasonable opportunity to present all the material that is pertinent to the motion." Fed. R. Civ. P. 12(d). For the purposes of this rule, the complaint is deemed to include writings and documents attached to it, referenced in it, or integral to it. See Chambers v. Time Warner, Inc., 282 F.3d 147, 152-53 (2d Cir. 2002); Fed. R. Civ. P. 10(c). A document is "integral" to the complaint if "the complaint relies heavily upon its terms and effects." Chambers, 282 F.3d at 153 (citations omitted). "A plaintiff's reliance on the terms and effect of a document in drafting the complaint is a necessary prerequisite to the court's consideration of the document on a dismissal motion; mere notice or possession is not enough." Id. (emphasis in original).
Plaintiffs are harmed when material outside a complaint is considered on a motion to dismiss as they lack notice that such consideration is occurring. Global Network Commc'ns, Inc. v. City of New York, 458 F.3d 150, 155 (2d Cir. 2006). Rule 12(d)'s conversion requirement remedies this problem by "deter[ring] trial courts from engaging in fact finding when ruling on a motion to dismiss and ensur[ing] that when a trial judge considers evidence dehors the complaint, a plaintiff will have an opportunity to contest defendant's relied-upon evidence by submitting material that controverts it." Id. Accordingly, when there is actual notice by the opposing party of all the information in the movant's papers, the necessity to convert a motion to dismiss to one for summary judgment is largely dissipated. Chambers, 282 F.3d at 153.
II. Application
The complaints of pro se plaintiffs must be read liberally and interpreted as raising the strongest arguments they suggest. See, e.g., McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004) (citing Weinstein v. Albright, 261 F.3d 127, 132 (2d Cir. 2001)). If a liberal reading of the complaint "gives any indication that a valid claim might be stated," this court must grant leave to amend. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (citing Gomez v. USAA Fed. Sav. Bank, 171 F.3d 794, 795 (2d Cir. 1999). The instant pro se action will be evaluated under this standard.
A. Timeliness
As a threshold matter, to survive a motion to dismiss, claims must be timely when filed. The statute of limitations under Section 1986 is one year. See 42 U.S.C. § 1986 ("[N]o action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued."). Claims arising under this statute are considered timely when filed within one year of the alleged unlawful conduct. Plaintiff filed his complaint on September 18, 2007. The only conduct relevant to resolution of plaintiff's Section 1986 claim is conduct that occurred on or after September 18, 2006. As set forth in the complaint, the alleged unlawful conduct that occurred during that period is the Comptroller's dismissal of plaintiff's administrative complaint, which the Comptroller issued on April 20, 2007. None of the other alleged unlawful conduct will be considered in evaluating the merits of plaintiff's Section 1986 claim.
Sections 1981, 1983, and 1985 have no express statutes of limitation. The timeliness of claims arising under these statutes is the most appropriate one provided by state law-three years in this district. See Patterson v. County of Oneida, 375 F.3d 206, 225 (2d. Cir. 2004) ("The statute of limitations applicable to claims brought under §§ 1981 and 1983 in New York is three years."); Rodriguez v. Hynes, 1995 WL 350042, *6 (E.D.N.Y. Jun. 8, 1995) ("Charges of conspiracy to commit civil rights violations under 42 U.S.C. section 1985 are governed by the forum state's general personal injury statute of limitations, which in New York is three years."). The only conduct relevant to resolution of plaintiff's claims under Sections 1981, 1983, and 1985 is conduct that occurred on or after September 18, 2004. This conduct is limited to the issuance and resolution of plaintiff's third ticket, issued on June 20, 2006, and the Comptroller's dismissal of plaintiff's administrative complaint, issued on April 20, 2007.
B. Failure to State a Claim
1. Civil Rights Claims
a. § 1981
Under Section 1981, all persons shall have the same right "to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings . . . ." 42 U.S.C. § 1981(a). To state a claim, a plaintiff must allege "'(1) [membership in] a racial minority; (2) defendants' intent to discriminate on the basis of race; and (3) discrimination concerning one of the statute's enumerated activities.'" Pierre v. J.C. Penney Co., 340 F. Supp. 2d 308, 310 (E.D.N.Y. 2004) (quoting Brown v. City of Oneonta, 221 F.3d 329, 339 (2d Cir. 1999)). Plaintiff makes no allegations regarding his own race or that defendants intended to discriminate against him on the basis of race. Further, the issuance and resolution of a single parking ticket, along with a subsequent unsuccessful appeal to the Comptroller does not rise to the level of a violation under Section 1981. Cf. Farkas v. New York, 409 N.Y.S.2d 696, 699 (N.Y. Ct. Cl. 1978) (holding that a traffic ticket is neither "process" nor a "criminal proceeding"). The court dismisses Plaintiff's Section 1981 claim with prejudice.
b. § 1983
Under Section 1983, every person who under the color of law "subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured . . . ." 42 U.S.C.S. § 1983. To state a claim, plaintiffs must allege "that they were deprived of a right secured by the Constitution or laws of the United States, and that the alleged deprivation was committed under color of state law." Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999). There are several claims that can be brought under Section 1983, including abuse of process, malicious prosecution, and negligence.
A plaintiff establishes abuse of process by showing: "(1) aregularly issued process, either civil or criminal, initiated by the defendant; (2) the defendant's intent to do harm without excuse or justification; and (3) the defendant's use of the process after its issuance in a perverted manner to obtain a collateral objective." Goldman v. Walder, 95-CV-4542 (JG), 1996 WL 1088909, *2 (E.D.N.Y. May 29, 1996) (citing Curiano v. Suozzi, 63 N.Y. 113, 116 (1984)). The issuance of a parking ticket does not constitute regularly issued process. See Farkas, 409 N.Y.S.2d at 699 (N.Y. Ct. Cl. 1978) (holding that a traffic ticket, by its very nature, is not considered process). Plaintiff's one ticket does not rise to the level of process and the Comptroller's denial is irrelevant to resolution of this claim as it did not involve the initiation of a proceeding against plaintiff. To the extent that plaintiff's Section 1983 claim is premised on this theory, the claim is dismissed with prejudice.
A plaintiff establishes malicious prosecution by showing: "(1) the commencement or continuation of a criminal proceeding by the defendant against the plaintiff; (2) the termination of the proceeding in favor of the accused; (3) the absence of probable cause for the criminal proceeding; and (4) actual malice." Kinzer v. Jackson, 316 F.3d 139, 143 (2d Cir. 2003). Plaintiff's parking ticket is not a criminal proceeding, see N.Y. Veh. & Traf. § 155 (2008) ("A traffic infraction is not a crime and the punishment imposed therefor shall not be deemed for any purpose a penal or criminal punishment . . . ."); and the Comptroller's denial is irrelevant as the denial resulted from plaintiff's commencement of a proceeding. To the extent that plaintiff's Section 1983 claim is premised on this theory, the claim is dismissed with prejudice.
A plaintiff establishes negligence by showing: (1) that the defendant owed the plaintiff a cognizable dutyof care; (2) that the defendantbreached that duty; and (3) that the plaintiff suffered damages as a proximate result of that breach." Riccio v. United States, 03-CV-859 (JMA), 2007 WL 1577827, *5 (E.D.N.Y. May 29, 2007) (citing King v. Crossland Sav. Bank, 111 F.3d 251, 259 (2d Cir. 1997)). Plaintiff cannot establish that defendants owed him a duty as the PVB and the Comptroller performed public duties when they interacted with plaintiff. Lauer v. City of New York, 95 N.Y. 95, 116 (2000) ("To sustain liability against a municipality, the duty breached must be more than that owed the public generally."). To the extent that plaintiff's Section 1983 claim is premised on this theory, the claim is dismissed with prejudice.
c. § 1985
Section 1985 prohibits conspiracies "undertaken 'for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges or immunities under the laws.'" 42 U.S.C. § 1985(3). To state a claim under Section 1985(3), a plaintiff must allege:
(1) a conspiracy (2) for the purpose of depriving a person or class of persons of the equal protection of the laws, or the equal privileges and immunities under the laws; (3) an overt act in furtherance of the conspiracy; and (4) an injury to the plaintiff's person or property, or a deprivation of a right or privilege of a citizen of the United States.
Traggis v. St. Barbara's Greek Orth. Church, 851 F.2d 584, 586-87 (2d Cir. 1988) (citing Griffin v. Breckenridge, 403 U.S. 88, 102-03 (1971)). Such claims are held to heightened pleading standards. See Julian v. New York City Transit Auth., 857 F. Supp. 242, 252 (E.D.N.Y. 1994) (dismissing a conspiracy claim). "To plead conspiracy, a complaint must allege specific facts suggesting that there was a mutual understanding among the conspirators to take actions directed toward an unconstitutional end." Id.; accord Hudson v. Lockhart, - - - F. Supp. 2d - - -, 07-CV-7003, 2008 WL 2073922, *3 (S.D.N.Y. May 12, 2008) (dismissing plaintiff's § 1985 claim as plaintiff failed to "satisfy the minimum pleading standard demonstrating that Defendants acted in concert or with discriminatory animus based on [plaintiff's] membership in a protected class"). Plaintiff's conclusory statements regarding a conspiracy between defendants fail to meet the heightened pleading required. Moreover, plaintiff failed to allege that he is a member of a protected class and that the defendants conspired against him for this reason. This claim is dismissed with prejudice.
d. § 1986
Under Section 1986, "every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in Section 1985 are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured for all damages, which such person by reasonable diligence could have prevented." 42 U.S.C. § 1986. A claim brought under § 1986 "must be predicated upon a valid § 1985 claim." Mian v. Donaldson, Lufkin & Jenrette Sec. Corp., 7 F.3d 1085, 1087 (2d Cir. 1993). As set forth above, plaintiff's Section 1985 claim is dismissed with prejudice. Accordingly, plaintiff's Section 1986 claim is dismissed with prejudice as well.
2. Due Process Claims
To sustain an action for deprivation of property without due process of law, a plaintiff must "first identify a property right, second show that the state has deprived him of that right, and third show that the deprivation was effected without due process." All Aire Conditioning, Inc. v. City of New York, 979 F. Supp. 1010, 1015 (S.D.N.Y. 1997) (citing Local 342 v. Town of Huntington, 31 F.3d 1191, 1194 (2d Cir. 1994)). The court construes the complaint as alleging a property right in the time plaintiff invested litigating the three parking tickets issued to him that were ultimately resolved in his favor (Compl. ¶ 1); however, there is no such property right recognized by courts. See, e.g., All Aire, 979 F. Supp. at 1015 (granting summary judgment in defendant's favor and noting that there is no right to protection from "the loss of time and resources involved in contesting a parking ticket"). Plaintiff's due process claims are dismissed with prejudice.
3. State Law Claims
As Plaintiff's federal claims do not survive the DOE's motion for judgment on the pleadings, the court declines to exercise supplemental jurisdiction over the remaining state law claims. See 28 U.S.C. § 1367(c)(3).
4. Leave to Replead
Ordinarily, courts should grant leave to pro se plaintiffs, at least once, to amend their complaints. If repleading would be futile; however, courts should refrain from granting leave to amend. See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (denying leave to amend). In light of the infirmities of the complaint, the court declines to grant leave to amend. The court must conserve its time and resources, which are more properly devoted to legitimate litigants and their claims.
Defendants' motion to dismiss is granted in its entirety.
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