text:
Sat, May 7, 5:06 PM
- Barron's "ETF Roundtable" features David Cleary of Lazard, Fritz Folts of 3EDGE Asset Management, John Forlines III of JAForlines Global, and Will McGough from Stadion Money Management.
- ETFs they like include:
- Gold: iShares Gold Trust (NYSEARCA:IAU) "has a lower expense ratio (0.25%) than (NYSEARCA:GLD)," VanEck Vectors Gold Miners (NYSEARCA:GDX), and GLD.
- iShares Global Materials (NYSEARCA:MXI).
- Emerging markets: iShares Core MSCI Emerging Markets (NYSEARCA:IEMG), SPDR MSCI Emerging Markets Quality Mix (NYSEARCA:QEMM), iShares MSCI Brazil Capped (NYSEARCA:EWZ), EGShares India Infrastructure (NYSEARCA:INXX) "We like India in general as a long-term option," iShares Latin America 40 (NYSEARCA:ILF) "We're starting to see governance improvements in Latin America broadly," iShares J.P. Morgan USD Emerging Markets Bond (NYSEARCA:EMB).
- Emerging-market proxies: iShares MSCI Canada (NYSEARCA:EWC) and iShares MSCI Australia (NYSEARCA:EWA).
- iShares Core High Dividend ETF (NYSEARCA:HDV). iShares MSCI USA Minimum Volatility (NYSEARCA:USMV) "Now there's more uncertainty, and that's when these low-vol strategies do best."
- iShares North American Tech (NYSEARCA:IGM) and iShares U.S. Consumer Services (NYSEARCA:IYC), "We still like consumer services and technology."
- PowerShares QQQ (NASDAQ:QQQ), Vanguard Small Cap Value (NYSEARCA:VBR), "Blending the two doesn't tilt the portfolio too much in one direction or the other, because the combination blends small and large, growth and value."
- SPDR Barclays High Yield Bond ETF (NYSEARCA:JNK), PowerShares Fundamental High Yield Corporate Bond Portfolio (NYSEARCA:PHB).
- VanEck Vectors Fallen Angel High Yield Bond (NYSEARCA:ANGL), "These are viable companies, and although they've moved from investment- grade to high-yield, they're likely survivors."
- "We like preferreds, via the iShares U.S. Preferred Stock (NYSEARCA:PFF)." Also: iShares International High Yield Bond ETF (BATS:HYXU).
- iShares MSCI Europe Small-Cap (NASDAQ:IEUS).
Jun. 5, 2015, 12:41 PM
- The overall market capitalization of the world's 40 biggest miners has been cut in half over four years, sinking 16% Y/Y to $791B at the end of 2014, according to the latest annual survey by accounting firm PricewaterhouseCoopers.
- PwC said the top 40 miners' return on capital employed fell to its lowest level since at least 2005, and few companies, including Randgold Resources (NASDAQ:GOLD) and Norlisk Nickel (OTCPK:NILSY), topped 15%.
- The top 40's dividend coverage was just 1.1x, a practice PwC says "isn't sustainable in the long term... dividends paid in 2014 consumed all available cash, reducing the balance sheet flexibility of miners."
- The consequence of the payouts and the falling market cap is that miners' dividend yield rose to 5%, the highest in a decade.
- ETFs: GDX, NUGT, GGN, DUST, SIL, GLDX, XME, COPX, SGDM, BCX, ASA, SLVP, CU, RING, HAP, IRV, PSAU, MXI, GNR, TGLDX, PICK
May 26, 2015, 2:53 PM
- Energy and natural resources stocks are among today's weakest performers as a sharp increase in the dollar destabilized commodity markets.
- Nymex crude oil futures fell 2.8% to its lowest level in a week at $58.03/bbl, while Comex gold fell 1.4% to a two-week low $1,186.90/oz., as upbeat U.S. data on new home sales and consumer confidence helped lift the dollar.
- Adding to oil price weakness was commentary from Goldman Sachs expecting the global oil market to be oversupplied by 1.9M bbl/day this quarter, saying "the market now depends on how U.S. producers will respond to the recent rally and whether low-cost producers can sustainably deliver higher production."
- ETFs: GDX, USO, NUGT, OIL, XLE, GGN, DUST, UCO, SIL, UWTI, VDE, ERX, OIH, SCO, XOP, BNO, DBO, UGL, DWTI, ERY, GLDX, DGP, DIG, GLL, DTO, UGLD, DZZ, DUG, BGR, USL, XES, IYE, GLDI, SGDM, IEO, BCX, ASA, SLVP, IEZ, DGL, DNO, DGZ, RING, FENY, PXE, DGLD, PXI, HAP, FIF, PXJ, IRV, PSAU, OLO, SZO, NDP, MXI, RYE, GNR, FXN, TGLDX, GUNR, TBAR, GEUR, UBG, GYEN, BAR, TWTI, OLEM, DDG
Jan. 14, 2015, 7:57 AM
- Mining stocks look headed for sizable losses, as copper prices sink to five-and-a-half year lows and the World Bank lowers its forecast for global economic growth.
- Glencore (OTCPK:GLCNF, OTCPK:GLNCY) -11.5% in London trading, Antofagasta (OTC:ANFGF) -7% in London, Anglo American (OTCPK:AAUKF, OTCPK:AAUKY) -9.5% in London, Vedanta (OTCPK:VDNRF) -18% in London, Rio Tinto (NYSE:RIO) -4.3% premarket in the U.S., VALE -2.9%, FCX -5.1%, CLF -2.6%.
- BHP Billiton (NYSE:BHP) -7.5% in London and -5.5% U.S. premarket after S&P Capital IQ downgraded shares to Hold from Buy, expecting "weaker commodity prices to increasingly impact on group profits as hedges expire and see currency headwinds from a stronger [U.S. dollar]."
- ETFs: XLB, XME, SLX, COPX, VAW, UYM, CU, IYM, HAP, IRV, MXI, SMN, GNR, GUNR, PICK, MATL, FXZ, PYZ, CRBQ, RTM, CCXE, FMAT, GRES, SBM
Mar. 20, 2012, 8:33 AM
The slides from the BHP presentation that's got markets spooked this morning. Slide 7 highlights the company's expectation that Chinese iron ore consumption - after more than quintupling between 2000 and 2012 - is not expected to be much higher in 2020 than it is today.| Mar. 20, 2012, 8:33 AM | 3 Comments
Mar. 20, 2012, 7:09 AM
Miners are leading declines in Europe following a BHP executive's comments that Chinese demand for iron ore is flattening out. Competitor Rio Tinto (RIO) quickly trotted out one of its execs to say solid growth continues in China, but the damage was done. BHP -2.9%, RIO -3.3% premarket. Aussie dollar -1.1%.| Mar. 20, 2012, 7:09 AM
May 1, 2011, 8:08 PM
"These record-high levels are probably not sustainable," says Jan du Plessis, CEO of Rio Tinto (RIO), talking about base metals prices. While remaining confident of continuing strong demand from China and India, du Plessis, is prepping his firm's balance sheet for falls in copper and iron ore.| May 1, 2011, 8:08 PM | 1 Comment
Apr. 5, 2011, 11:43 AM
In a move that could take some of the pressure off of record iron ore prices, India's Supreme Court ends a ban on shipments from the state of Karnataka. A major exporter, India has attempted to keep ore supplies at home to feed domestic steel producers. MXI +0.1%. SLX +0.5%.| Apr. 5, 2011, 11:43 AM
Feb. 16, 2011, 10:54 AM
China's attempt at gaining pricing leverage over major producers (VALE, BHP, RIO) by creating a "super-buyer" of iron ore is likely to be overwhelmed by market forces, says an RBS analyst. "Demand for the product is increasing significantly, and not just from China." MXI +0.4%.| Feb. 16, 2011, 10:54 AM
Jan. 12, 2011, 10:05 AM
Grain and bean markets are locked limit up ahead of floor trading after the USDA lowers its estimate for corn, soybean, and wheat production and ending stocks. Fertilizer stocks like the news as well. MOS +2.04%, POT +1.39%, AGU +1.54%.| Jan. 12, 2011, 10:05 AM
Jan. 12, 2011, 8:20 AM
At 8:30, we get the USDA's roundup of farming commodity estimates and forecasts for this year and final figures for 2010. The report will be closely read for signs of runaway price inflation following a banner 2010 in which corn futures rose 52%, wheat 47%, and soybeans 32%.| Jan. 12, 2011, 8:20 AM | 1 Comment
Jan. 11, 2011, 5:42 PM
Grain and bean traders brace for the "Superbowl" of reports from the USDA tomorrow. Bullish numbers will be needed to keep feeding powerful rallies that started last summer. Current forecasts for ending stocks are so tight that a slight deviation in either direction could cause a significant price reaction.| Jan. 11, 2011, 5:42 PM
- In Your Portfolio: A Guide to Sector ETFs
- Asset Class Performance: Sectors ETFs


text:
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Wonder Ballroom AddressWonder Ballroom
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Meyers Family Farms, Mendota, CA
Target & Beekman 1802 Farm Pantry: Farmer Profile #9
A portion of Beekman 1802 Farm Pantry ingredients come straight from small American Farms. And we also give back a percentage of profits to innovative small farms. We're super grateful to have Target as our exclusive retail partner as we work to get more small farms incorporated into our nation's food supply.
Read more below about one of the amazing farmers who grow ingredients for our products:
Name of Farm: Meyers Family Farms
Location: Mendota, CA
Farmer(s): Trevor Meyers, 3rd Generation Farmer
Years in operation: 35 years
Type of Farm: Olive Oil
Which Beekman 1802 Farm Pantry Products are your crops used in?: Beekman 1802 Garlic Infused Olive Oil, Beekman 1802 Olive Oil
Being a small farmer is a tough job, why do you do it?: We have a passion for farming that has been passed down 3 generations. There is so much satisfaction in nurturing our crops from the moment we plant them in the ground until the time when they are ready to be harvested, and then starting all over to get ready for the next year.
When was the last time you took a vacation?: I was recently a member of the California Ag Leadership foundation that took us on a 3 week journey in 2014 to Zambia, Zimbabwe, and South Africa to learn about the challenges these places face with relation to community, culture, and agriculture.
Where can people learn more about your farm?: Learn more about us and our commitment to providing an educational experience for our community at meyersproject.org
Betty Theiss
June 23 2016
Love the dog! What's the name?
Betty Theiss
June 23 2016
Love the dog! What's the name?


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London Residential is a North London estate and letting agent offering clients a straightforward, honest approach to property. We appreciate that buying, letting or renting is one of life's biggest events so we'll respect you and your property. Our professional, friendly staff are locals by birth or residency, so they have an unrivalled bank of local knowledge about the best streets, schools and social hubs. Why not book a complementary market appraisal today by calling 020 3727 7222
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January 2, 1962
KERCHNER, MARSHALL & COMPANYv.PITTSBURGH, APPELLANT. KERCHNER, MARSHALL & COMPANY V. PITTSBURGH SCHOOL DISTRICT, APPELLANT.
Appeals, Nos. 135 and 136, March T., 1961, from orders of County Court of Allegheny County, Nos. A 1903 and A 1904 of 1958, in case of Kerchner, Marshall & Company v. City of Pittsburgh et al., and Same v. School District of Pittsburgh et al. Orders reversed.
Regis C. Nairn, Assistant City Solicitor, with him David Stahl, City Solicitor, for City of Pittsburgh, appellant.
Edmund W. Ridall, Jr., Assistant Solicitor, and Niles Anderson, Solicitor, for School District of Pittsburgh, appellant.
Frank J. Gaffney, with him Thorp, Reed & Armstrong, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.
[ 406 Pa. Page 159]
The City and School District of Pittsburgh have appealed from decisions of the County Court of Allegheny County determining that Kerchner, Marshall & Company, appellee, is a "wholesale vendor" of goods, wares and merchandise within the meaning both of the mercantile tax ordinance of the City and of the Act of June 20, 1947, P.L. 745, as amended, 24 P.S. §§ 582.1-582.13, authorizing the collection of a mercantile license tax by school districts of the first class.*fn1 Since the rate
[ 406 Pa. Page 160]
of tax for wholesale vendors is one-half that for retail vendors, the lower court's orders called for a refund in each case to appellee.
Kerchner, Marshall & Company is a Pennsylvania corporation which sells mineral and metal products (e.g., silicon carbide, silicon-aluminum-titanium alloy, sand, fluorspar and limestone), to manufacturers of iron, steel and glass products. The latter use the taxpayer's goods for various purposes in the manufacturing process, the purchased goods being either absorbed by or combined into the finished product or passed off as carbon dioxide or slag. From 1947, the year of inception of the mercantile taxes, the corporation reported its sales as wholesale transactions; and, indeed, in 1951, the City and School District, upon specifically reconsidering the corporation's status, ruled that the corporation was a wholesale vendor.
In 1958, however, the City and School District reexamined the taxpayer's position and assessed mercantile taxes for the years 1953 through 1957 plus penalties and interest to August 15, 1958, on the ground that the company's sales were retail in nature. Of the total assessments - $10,364.94 by the City and $5,098.74 by the School District - 65.37% represent sales of the products named above; and the lower court applied this percentage in ordering refunds to the company. The lower court concluded that the sales were wholesale in nature because the products sold by taxpayer were "ultimately resold" by the customers despite their absorption into the customers' finished products. The City and School District take the position that a sale is at wholesale only if the sale is to a vendor in the particular product who buys it for the purpose of reselling it.
[ 406 Pa. Page 161]
In Commonwealth v. Bay State Milling Co., 312 Pa. 28, 167 Atl. 307 (1933), we held that a milling company which sold flour in large quantities to bakers was a wholesaler under the state mercantile license tax Act of May 2, 1899, P.L. 184, as amended, 72 P.S. §§ 2621-2624. We held that sales in large quantities connote a wholesale operation; that bakers, while manufacturers, may also be dealers and vendors for the purpose of determining whether their suppliers are wholesalers or retailers; and that the tax is to be levied by reference to the way in which the taxable sells his products, not by what his vendee does with it. We, thus, certainly indicated that sales in quantity was the decisive factor.
In Paper Products Company v. Pittsburgh, 391 Pa. 87, 137 A.2d 253 (1958), we dealt with the very same statute and ordinance that we have before us now. The taxpayer sold paper products in various ways, one of which was to persons who used the products as wrappings, containers, etc., in connection with sales made by them of their products to consumers. We held that the taxpayer's sales were at wholesale because its buyers transferred title and possession of the paper products as they were to the ultimate consumer and because, while no specific charge was made for these goods to the ultimate consumer, their cost was certainly included in the dealers' markups of the goods they sold.
The clear import of the Paper Products Company case, as well as Brown & Zortman Machinery Co. v. Pittsburgh, 375 Pa. 250, 100 A.2d 98 (1953), is that the principle rejected by this court in the Bay State Milling case - that the determination of whether a transaction is wholesale or retail should be made by reference to what the buyer does with the product - is, in fact, the correct principle, and at least to this extent the Bay State Milling case must be overruled. In the Brown & Zortman case, the buyers purchased machinery
[ 406 Pa. Page 162]
from the taxpayer for use in producing articles which they sold. As we there pointed out, in holding taxpayer to be a retail dealer, the test is whether the customer buys a product for the purpose of reselling. In the Paper Products Company case, the paper products purchased from taxpayer were themselves resold in the same condition as acquired even though no specific charge was made.
Here, however, taxpayer's customers consume the purchased products in the production of a different product. They do not resell silicon carbide, silicon-aluminum-titanium alloy, sand, fluorspar or limestone; they sell steel and glass products. They are not vendors of the goods they buy from taxpayers. An opposite conclusion would lead to the foolish result that the proportions of the products consumed in the manufacturing or chemical processes would have to be determined and the taxpayer's sales taxed accordingly.
The statute and ordinance are not to be read with such extreme subtlety. In common understanding, and in the ordinance and act, a wholesale transaction is one in which the customer buys a product in order to resell it. Here, taxpayer's customers do not buy to resell but to use, consume and aid in making entirely different products. Hence, taxpayer's transactions are retail in nature.
The only remaining problem is whether penalties were properly imposed upon appellee by the taxing authorities. In the Brown & Zortman case, we pointed out that the taxpayer was not liable for penalties because it acted in good faith on advice given it. Here, the taxpayer acted on a specific ruling of the taxing authorities themselves until the latter changed their position in 1958. No lack of good faith can possibly be discerned in taxpayer's actions, and we agree that no penalties should be imposed.
Orders reversed.
[ 406 Pa. Page 163]
In my judgment, Paper Products Company v. Pittsburgh, 391 Pa. 87, 137 A.2d 253, directly rules this case and appellee is subject to the mercantile license tax only as a wholesale vendor. It must not be forgotten that tax statutes must be construed most strongly against the taxing authorities. I would affirm on the opinion of RALPH H. SMITH, J., speaking for the lower Court.
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All Aboard Florida, the diesel-powered, high speed (125 mph) train connecting Miami to Orlando has ordered new locomotives and coaches with Siemen's Sacramento, California plant. The mostly privately funded train should be running by 2016.
Orlando Sentinel
In this op-ed special to The Sacramento Bee, Michael Andersen of PeopleForBikes and Melissa Merson of America Walks make a convincing argument for protected bike lanes to improve both bike and pedestrian safety by getting cyclists off the sidewalk.
The Sacramento Bee
Housing 120 units, the first net-zero energy transit-oriented development complex in South Sacramento will feature a rooftop farm and resident-run onsite bicycle repair.
Sacramento Bee
Northern California is no stranger to debates about redevelopment, displacement, and the proper mix of affordable and market-rate housing—but this time the setting for these stories is in the state capital of Sacramento.
Next City
According to a new EIA report, the cost advantages of liquefied natural gas make it an attractive alternative to diesel fuel for major U.S. freight railroad companies. Hybrid diesel-electric locomotives on order for 5 states will power HSR routes.
Progressive Railroading
The answer to the question in the headline is "not very." Thirty years into the initial experiment, however, light rail has not been the game changer it was hoped to be.
Atlantic Cities
More bike corrals, bike sharing, and parklets are on the way to the Golden State's capital thanks to the city council's unanimous vote on Oct. 22 with support from cyclists, pedestrians, businesses, and the regional air district.
The Sacramento Bee
Depending on what media you're reading, Bay Area Bike Share is either off to a "fast start" or an "underwhelming start". We give both reviews - you judge. In addition, Sacramento looks toward BABS as a model, and expansion within SF will be proposed.
Streetsblog San Francisco
State officials ruled that the City of Sacramento did not meet deadlines for financing the K Street revitalization project, including improperly allocating redevelopment funds. The city disagreed and will sue to overturn the decision.
Sacramento Bee
Senator Steinberg's CEQA reform bill, SB 731, which we have been following all year, died - but many of the most important aspects - LOS, aesthetic and parking impacts, have been transferred to SB 743 (Kings Arena bill), though applied more narrowly.
Streetsblog LA
CA Senate President Pro Tem Darrell Steinberg's bill to ease the judicial process for Sacramento's proposed arena sails through legislature--needs final approval from governor.
Sacramento Bee
Ever since a tentative deal for a new sports arena was struck between the City of Sacramento and new owners of the Sacramento Kings, real estate activity around the proposed downtown location has increased including deals for long empty storefronts.
The Sacramento Bee
The U.S Department of Labor is holding up the distribution of billions of dollars in transit funding destined for San Diego, Sacramento, Los Angeles and other California cities due to a new state pension law's impact on transit workers.
Los Angeles Times
In what is being described as a "monumental shift" in the city's approach to parking, Sacramento's City Council has voted to ease minimum parking requirements for commercial and residential developments reports Tony Bizjak.
The Sacramento Bee
Sacramento's downtown train station recently relocated its tracks to accommodate new transit oriented development - but the long, winding walk from depot to platform has presented problems for passengers, including a fatal heart attack on day one.
The Sacramento Bee - Transportation
Steven Greenhut opines on the lucky break he believes residents of Sacramento received earlier this week when owners of the city's NBA franchise backed out of a partnership to build a new basketball arena in the city's downtown.
Bloomberg View
In the frenzied hunt for new revenue streams, municipal authorities are getting creative in capitalizing on their assets. Nate Berg follows the example of Sacramento, who is considering privatizing its parking meters to pay for a new sports arena.
The Atlantic Cities
Cities and redevelopment agencies are pushing for legislation that give them a stay of execution. Meanwhile, cities are evaluating which projects will be impacted.
California Planning & Development Report
The new $98 billion price tag and 2033 completion date in the revised HSR Authority's business plan applies to the first phase, meaning that the extensions to San Diego and Sacramento will take even longer, leaving some San Diegan leaders seething.
AP via The Sacramento Bee
Sacramento desperately wants to hold on to its professional basketball team, the Kings, who have threatened to leave. A just-released financing plan points to privatizing city-owned parking spaces as key to providing funding for the new arena.
Sacramento Bee - Sacramento City News


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Having unwanted fat in various locations of your body can have a significant effect on your health and self-confidence. While standard weight loss through workout and diet plan is a terrific method to lose weight in general, even the best exercises cannot target problem areas like the stomach, inner thighs, arms, and butts. Liposuction is a time tested treatment that is used to remove excess fat from particular locations of the body, allowing a specific to form and contour their body to their taste. Is liposuction right for you? Find out now.
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Prior to having liposuction done, it is essential to examine the prospective downsides of the treatment and figure out if the benefits exceed the threats in your specific case. Your cosmetic surgeon can assist you find out more about the risks related to the treatment and can assist you choose if progressing is the right thing for you.
• Problems with basic anesthesia. Due to the fact that liposuction is performed under basic anesthesia, the procedure brings the exact same threats as any other type of surgery where basic anesthesia is utilized. Underlying medical conditions might increase these dangers.
• Unfavorable responses. Bruising, bleeding, and discomfort are all to be anticipated, however, in rare cases can trigger more considerable complications.
• The possible to gain the weight back. After having actually liposuction done, it is vital to preserve a healthy diet plan and exercise appropriately as advised by your physician. Failure to do so could cause acquiring back the weight that was lost or perhaps much more.
There are risks associated with liposuction, for many people, the benefits far surpass them. Inform yourself about the procedure by having thorough discussions with your specialist and think about how liposuction has the potential to impact you as a distinct person. Only you and your cosmetic surgeon can figure out if liposuction will supply you with the results you are searching for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Forks Of Salmon California
Laser liposuction is a newer, minimally intrusive treatment that involves heating the fat cells to melting point and removing the melted fat through a small cannula. The treatment is usually done right in your doctor's workplace and is an outstanding option for individuals who have less than 500 ml of fat to get rid of from any one area. Laser liposuction can be a safe, complementary procedure to weight loss in order to shape the body you've constantly wanted.
Contact a Surgeon in your Forks Of Salmon California today.
If you're considering liposuction as a weight-loss solution, it is essential that you discuss your desires with a certified cosmetic surgeon in your location. Your surgeon will carry out a complete exam and health history survey to figure out if liposuction can benefit you and assist you reach your physical and psychological goals. Call today for an assessment and find out more about how liposuction can assist you attain the body of your dreams.


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Cheesy Chicken Enchiladas
My favorite enchilada recipe! Loaded with chicken and cheese, these EASY Cheesy Chicken Enchiladas bake up with a little crunch. #sponsored #sponsored @krogerco
Dinner will be ready in 30 minutes! Cheesy Chicken Enchilada Casserole Recipe
Tried and everyone liked it. White Chicken Enchiladas-you can make it spicier by adding spicy chilies or leave it kid friendly with mild chilies.
Recipe for Cheesey Chicken Enchiladas - I REALLY wanted some enchiladas last week. This recipe was so easy, I may just not go out for Tex-Mex ever again!
CREAMY CHEESY CHICKEN ENCHILLADAS 2-3 cups shredded chicken 1-1/2 cups salsa 2 cups shredded Colby and Monterrey jack cheese 1 14 oz can of Old El Paso Enchilada Sauce…..I have found this is the best brand for this about 8 tortillas 1 cup sour cream 1/2 can of cream of chicken
Cheesy Chicken Enchiladas Verde | by Renee's Kitchen Adventures - an easy dinner or lunch recipe for chicken enchiladas in green chili sauce with lots of CHEESE!
Cheesy Chicken Enchilada Soup. Doubled recipe only added 1 can corn, 8 ounces cheese, 1 tsp salt, 1 tsp. cumin, boiled chicken in water and added 3 tbsps. chicken boullion.
South Your Mouth: Cheesy Chicken Enchiladas If I can ever eat anything like this again!
Famous Chicken Enchiladas (with white cheese sauce)


text:
Fleur de Chine Hotel, Yuchi
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- 211 guestrooms
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For families
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- Xuanzhuang Temple (0.4 mi / 0.7 km)
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- Shueishe Visitors Center (1.5 mi / 2.5 km)
Fleur de Chine Hotel, Yuchi
Hotel Info: 866-539-8117from $299
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- Premier Family - Lake View
- Classic Suite - Lake view
- Classic King - Lake View
- Double Room, Lake View (5F~8F)
- Classic Family - Mountain View
- 1st night - Palais de Chine, Superior Twin; 2nd night - Fleur de Chine, Twin Room Mountain View
- Classic King - Mountain View
- Classic - Japanese Stype Lake View
- 1st night - Palais de Chine, Superior Queen; 2nd night - Fleur de Chine, Queen Room Mountain View
- 1st night - Palais de Chine, Superior Double; 2nd night - Fleur de Chine, Double Room Mountain View
- Premier - Japanese Style Lake View
- Premier - Japanese Style Mountain View
More great choices
At a glance
Key facts
Hotel size
- This hotel has 211 rooms
- Check-in time starts at 3 PM
- Check-out time is noon
- Express check-in/out
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
- Minimum check-in age is 18
Travelling with others
- Up to 2 children (6 years old and younger) stay free when occupying the parent or guardian's room, using existing bedding, but may not be eligible for free breakfast
- Babysitting/childcare *
- Free children's club
- Pets stay free
- Free WiFi and wired Internet access in public areas
- Free WiFi and wired Internet access in rooms
- Free train station pickup *
- Ferry terminal shuttle *
- Free valet parking (limited)
- Free nearby parking
- Extended parking
- Free area shuttle
Nearby Five Star Yuchi hotels
In the hotel
- Children's club (free)
- In-room childcare (surcharge)
- Supervised childcare/activities (surcharge)
- Free buffet breakfast
- 5 restaurants
- Bar/lounge
- Snack bar/deli
- Room service
- Coffee/tea in a common area
- Indoor pool
- Outdoor pool
- Full-service spa
- Spa treatment room(s)
- Bicycle rentals on site
- Free water park access
- Children's pool
- Waterslide
- Billiards or pool table
- Business center
- Number of meeting rooms - 3
- Conference space
- Meeting rooms 3
- Conference space size (feet) - 0
- Conference space size (meters) - 0
- Conference center
- 24-hour front desk
- Concierge services
- Tours/ticket assistance
- Limo or Town Car service available
- Dry cleaning/laundry service
- Laundry facilities
- Free newspapers in lobby
- Luggage storage
- Wedding services
- Multilingual staff
- Porter/bellhop
- Elevator/lift
- ATM/banking
- Safe-deposit box at front desk
- Designated smoking areas
- Garden
- Terrace
- Television in common areas
- Accessible bathroom
- In-room accessibility
- Roll-in shower
In the room
- In-room climate control (air conditioning)
- Air conditioning
- Coffee/tea maker
- Bathrobes
- Slippers
- Iron/ironing board
- Hypo-allergenic bedding available
- Pillow menu
- Down comforter
- Blackout drapes/curtains
- Turndown service
- Premium bedding
- Pillowtop mattress
- Balcony
- Private bathroom
- Separate bathtub and shower
- Designer toiletries
- Hair dryer
- Pay movies
- Premium TV channels
- DVD player
- Desk
- Free weekday newspaper
- Free WiFi
- Phone
- Refrigerator
- Free bottled water
- Daily housekeeping
- In-room safe
- Connecting/adjoining rooms available
Top Yuchi hotels
Recently reviewed hotels in Yuchi
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"Good location near the Railway Station. The room was alright, but there were marked stains on the floor which I weren't too impressed with."Nov 16, 2016
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"Our stay was a nice one, it's newly renovated in a very modern style. The size of the room fit our needs, and the location was close enough that we could walk everywhere we needed…"Nov 15, 2016
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"Hotel is very clean and refurbished. Beds are comfortable, shower and everything else is working perfectly. We stayed one night in a double room and one night in the mixed dorm,…"Nov 8, 2016
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Also popular with travelers from the USA
Special features
Qi Shiseido Spa has 3 treatment rooms. Services include body treatments. A variety of treatment therapies are provided, including aromatherapy and hydrotherapy. The spa is equipped with hot springs/mineral springs.
The spa is open daily.
Fleur de Chine Hotel, Yuchi's small print
Also known as
- Fleur de Chine Hotel
- Fleur de Chine Hotel Yuchi
- Fleur de Chine Yuchi
The property has connecting/adjoining rooms, which are subject to availability and can be requested by contacting the property using the number on the booking confirmation.
Noise-free guestrooms cannot be guaranteed.
Parking height restrictions apply.
For transfers, guests must contact the property before arrival at the number on the booking confirmation.
Reservations are required for massage services and spa treatments and can be made by contacting the property before arrival at the number on the booking confirmation.
Optional extras
Babysitting/childcare is available for an extra charge
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
Outstanding 4.6 /5 from 290 reviews
Good services , view is so wonderful Have a really good relax trip ,a lots of choice for room movie but air conditional need more colder
Overall is a nice hotel, although the public pool and spa was a little of disappointment compared with the Royal hotel that we have stayed in a few days ago. The food was also not too impressed, especially with the price we have paid.
Glorious views. An idyllic setting and warm service make this hotel a stand out on the lake.
Fleur De Chine is absolutely perfection on every level. Customer care and product quality is unparalleled
Sun Moon Lake is beautiful and Fleur de Chine is the best hotel to experience it because it's in a beautiful part of the lake away from the hustle and bustle of town. Best views. Best facilities. Close to trails.
Is the description of this hotel not correct? Tell us


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This city hotel, housed in a modern building offering panoramic views of the city, is located in L'Eixample, very close to the Fair and Exhibition Centre in Plaza España and close to the financial and commercial centre of Barcelona. The hotel is also within easy reach from Sants Station, where guests will find convenient public transport services linking to most parts of the city. This is an ideal location for those wishing to enjoy a central location in Barcelona.See more
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This city hotel enjoys a very good location in L'Eixample, and is just a few minutes' walk from Plaza Cataluña and Las Ramblas, in the heart of Barcelona. It is also very close to other places in the area of touristic and cultural interest, such a La Pedrera and Casa Batlló, located at less than a 15 minute walk from the hotel. The harbour and the closest local beach can be reached after a nice leisurely walk through the centre. This is a perfect hotel for guests wishing to discover this wonderful city.See more
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Torre CatalunyaSants-Montjuic, Barcelona , Avenida roma 2-4 - Map/5 Customer reviewsof 42 Opinions
This luxurious city hotel is situated close to the exhibition centre in Barcelona. The hotel is located in close proximity to the train station and a host of links to the public transport network. Guests will find themselves in the ideal setting from which to explore the cultural and historical attractions, entertainment venues and shopping opportunities this mesmerising city has to offer. The hotel provides the perfect destination for business and leisure travellers alike visiting the city. The hotel tempts guests with the promise of elegance and style, impeccable service and exemplary facilities. The guest rooms are stylishly appointed, featuring modern amenities, functional space and a quiescent environment conducive to work and rest. The hotel affords guests an abundance of exceptional facilities and services, catering to their business and leisure needs.See more
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Acevi Villarroel/5 Customer reviewsof 47 Opinions
This hotel is located in downtown Barcelona, just a few meters of the Barcelona Fair, Plaza España, Rambla de Catalunya and Passeig de Gracia, in an area where guests can enjoy visiting the city's best samples of Modernism. The hotel is within a 10-minute walk of Barcelona University and the lively Raval district. The hotel is close to the metro, bus and very close to Sants train station.See more
From$100Per night/5 Customer reviewsof 4 Opinions
This apartment hotel is situated next to the University of Barcelona, just 300 m from the Universitat metro station and 5-minutes' walk from the bus stop to the airport. The 28 spacious and stylish apartments have a sleek minimalist design and are decorated in light colours. They are perfect for business travellers, for families with children and also as a starting point for a tour of this exciting city. The hotel offers wireless Internet access and there is an on-site parking available for those arriving by car. Guests are welcomed to take advantage of the remarkable terrace-solarium. Fans of the fairway can visit Golf Can Drago, located about 8 km from the property.See more
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This hostel enjoys a lively setting in the Gracia district of Barcelona. The hostel is situated just 200 metres away from Diagonal Metro Station. Guests will find themselves surrounded by ample opportunities for exploration and discovery. The property is situated within easy access of Park Güell, Las Ramblas, Gaudi's Casa Batllo and Casa Mila. Gracia's pretty squares can be found nearby, with a range of restaurants, bars and cafes to be explored. Plaza del Sol is just 400 metres away. This wonderful property welcomes visitors with warm hospitality. The accommodation options are tastefully designed, offering a comfortable setting in which to relax after a long day exploring the city.Important note: Breakfast is served in a café outside the hotel, located about 300 meters.See more
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The hotel is located in an ideal place, in a very elegant and quiet area of the city. It is within walking distance of public transport links, both the underground and the bus stop provide connections to the most important parts of Barcelona. At night the place is quiet and guarded there are many bars and restaurants suitable to all tastes. This is a perfect place for a relaxed stay, ideal for couples or families.See more
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How to Convert a PDF File to the Kindle Format
Amazon.com's Kindle will read a PDF format just the way it is, but you will need to scroll and zoom in to see the whole document. You can convert the document to the format that Kindle reads, enabling you to use the features available in Kindle, such as page-turning and changing font sizes. Amazon.com will convert the files for free.
Things You'll Need
- Kindle
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New England Squash Cakes
Total Time
8hrs 12mins
Prep 8 hrs
Cook 12 mins
A thrifty way to use up that dab of leftover winter squash. From the New England chapter of the United States Regional Cookbook, Culinary Arts Institute of Chicago, 1947. Preparation time includes overnight raising of dough.
Ingredients Nutrition
- 1 cup winter squash or 1 cup pumpkin, cooked and mashed
- 1 egg, well beaten
- 1⁄2 cup sugar
- 1⁄4 teaspoon salt
- 1 tablespoon butter
- 1 cup milk, scalded
- 1 teaspoon dry yeast or 1⁄4 fresh yeast cake
- 1⁄4 cup lukewarm water
- 1 cup all-purpose flour, sifted
- Soften yeast in lukewarm water.
- Add egg, sugar, salt, butter and milk to the mashed squash/pumpkin.
- Let cool to lukewarm.
- Add softened yeast and flour; mix well.
- Cover and set aside to rise overnight.
- Shape into biscuits and let rise for 20 minutes.
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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
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June 12, 2009
GEORGE L. JOHNSON, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY DEFENDANT.
DECISION and ORDER
Plaintiff George L. Johnson ("Plaintiff") brings this action pursuant to the Social Security Act §205(g) as amended (42 U.S.C. §405(g)), seeking review of the decision of the Administrative Law Judge ("ALJ") J. Robert Brown, denying his application for Social Security Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI").*fn1 Specifically, Plaintiff alleges that the decision of the ALJ denying his application for benefits was against the weight of the substantial evidence in the record and contrary to applicable legal standards.
Plaintiff moves for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure ("Rule 12(c)"), on grounds that the Commissioner's decision was erroneous. The Commissioner cross-moves for judgment on the pleadings on grounds that the ALJ's decision was supported by substantial evidence in the record and is based upon the application of correct legal standards. For the reasons set forth below, I find that the decision of the Commissioner is supported by substantial evidence, and is in accordance with applicable law. I therefore grant the Commissioner's motion for judgment on the pleadings, and deny Plaintiff's motion for judgment on the pleadings.
On June 23, 2004, Plaintiff, at the time 33 years old and unemployed, filed an application for DIB and SSI under Titles II and XVI of the Social Security Act ("the Act") respectively, claiming a disability since September 15, 2003, due to scoliosis, congenital abnormalities, and on-the-job back injuries with resulting disc herniations and disc bulge with associated neural foraminal stenosis. Plaintiff is a high school graduate and had completed one year of college. (T. 47, 405, 433). Plaintiff's past relevant work experience included work as a certified nurse assistant ("CNA") and a telemarketer/customer service representative. (T. 435-36).
Plaintiff had two work-related injuries in June 2003 and September 2003. (T. 436-37). Both injuries occurred while he was working as a CNA and he prevented two patients from falling on the ground. Following his second work injury, Plaintiff was seen by a chiropractor, and went to physical therapy twice a week. (T. 438).
Plaintiff's application for benefits was denied by the Social Security Administration initially on October 6, 2004. Plaintiff filed a timely request for hearing on October 15, 2004. Thereafter, Plaintiff appeared, with counsel, at an administrative hearing before ALJ J. Robert Brown on July 14, 2006. James Ryan, a vocational expert, also appeared and testified at the hearing. In a decision dated October 20, 2006, the ALJ determined that Plaintiff retained the residual functional capacity ("RFC") to perform sedentary, unskilled work that exists in significant numbers in the national economy and, therefore, was not disabled. The ALJ's decision became the final decision of the Commissioner when the Social Security Appeals Council affirmed it on August 16, 2007. On September 28, 2007, Plaintiff filed this action.
I. Jurisdiction and Scope of Review
42 U.S.C. §405(g) grants jurisdiction to district courts to hear claims based on the denial of Social Security benefits. Additionally, the section directs that when considering such a claim, the Court must accept the findings of fact made by the Commissioner, provided that such findings are supported by substantial evidence in the record. "Substantial evidence" is "more than a mere scintilla [of evidence]; it means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Lamay v. Commissioner of Social Sec., 562 F.3d 503 (2d Cir. 2009).
Section 405(g) thus limits the Court's scope of review to determining whether or not the Commissioner's findings were supported by substantial evidence. See, Monqeur v. Heckler, 722 F.2d 1033, 1038 (2d Cir. 1983) (finding that a reviewing court does not try a benefits case de novo). Nevertheless, the Court must "scrutinize the record in its entirety to determine the reasonableness of the decision reached." Lynn v. Schweiker, 55 F. Supp. 265, 267 (S.D. Tex. 1983) (citation omitted). The Court is also authorized to review the legal standards employed by the Commissioner in evaluating Plaintiff's claim.
Plaintiff asserts that the ALJ's decision was against the weight of the substantial evidence contained in the record, was arbitrary and capricious, and contained legal errors. Accordingly, Plaintiff moves for judgment on the pleadings pursuant to Rule 12(c). The Commissioner asserts that his decision was reasonable and is supported by the evidence in the record, and cross-moves for judgment on the pleadings pursuant to Rule 12(c).
Judgment on the pleadings may be granted under Rule 12(c) where the material facts are undisputed and where judgment on the merits is possible merely by considering the contents of the pleadings. Sellers v. M.C. Floor Crafters, Inc., 842 F.2d 639 (2d Cir. 1988). In deciding a motion for judgment on the pleadings, the Court applies the "same standard as that applicable to a motion to dismiss for failure to state a claim, accepting the allegations contained in the complaint as true and drawing all reasonable inferences in favor of the nonmoving party." King v. American Airlines, Inc., 284 F.3d 352 (2d Cir. 2002). A party's motion will be dismissed if, after a review of the pleadings, the Court is convinced that the party does not set out some factual allegations that are "enough to raise a right to relief beyond the speculative level." Bell Atlantic Corp. V. Twombly, 550 U.S. 544, 570 (2007).
Judgment on the pleadings is appropriate if it is apparent from the pleadings that the party is entitled to judgment as a matter of law. Burns Intern. Sec. Services, Inc. V. International Union, 47 F. 3d 14 (2d Cir. 1995). The moving party is entitled to judgment as a matter of law "where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party." Lovejoy-Wilson v. NOCO Motor Fuel, Inc., 263 F.3d 208, 212 (2d Cir. 2001) (quoting Fed.R.Civ.P. 56(c) and Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986)). In a Social Security benefits proceeding, a Plaintiff will prevail on a Rule 12(c) motion if the record contains persuasive proof of disability and remand for further evidentiary proceedings would serve no further purpose. See Carroll v. Secretary of Health and Human Serv., 705 F.2d 638, 644 (2d Cir. 1981). The Commissioner will prevail if the Court finds that "there was substantial evidence to support the Commissioner's denial of benefits." Burgess v. Astrue, 537 F.3d 117 (2d Cir. 2008).
II. The ALJ Applied the Correct Legal Standard in Denying Plaintiff Benefits
In finding that Plaintiff was not disabled within the meaning of the Act, the ALJ adhered to the Social Security Administration's Five-step sequential evaluation process for evaluating applications for disability benefits set forth at 20 C.F.R. § 404.520. Berry v. Schweiker, 675 F.2d 464, 467 (2d Cir. 1982). First, the ALJ considers whether the claimant is currently engaged in substantial gainful activity. If he is not, the ALJ then moves to Step Two, and considers whether the claimant has a "severe impairment" which significantly limits his ability to do basic work activity. If the claimant has such an impairment, the ALJ at Step Three considers whether, based solely on medical evidence, the claimant has an impairment which is listed in Appendix 1, Part 404, Subpart P. If the claimant does not have a listed impairment, the ALJ moves to Step Four, and inquires whether, despite the claimant's impairment, he has the RFC to perform his past work. If he is unable to perform his past work, the ALJ determines whether there is other work which the claimant can perform. If there is no other work which the claimant can perform in the economy, the ALJ determines that the claimant is disabled and therefore entitled to benefits. Berry, 675 F.2d at 467.
In the instant case, under Step One of the process, the ALJ found that Plaintiff had not engaged in substantial gainful activity since his alleged onset of disability. (T. 17). At Steps Two and Three, the ALJ concluded that because Plaintiff's scoliosis and degenerative disc disease did not result in motor or sensory deficits, and because Plaintiff was able to ambulate effectively without the need of an assistive device, Plaintiff's impairments were severe within the meaning of the Regulations, but were not severe enough to meet or equal, either singly or in combination, any of the impairments listed in Appendix 1, Subpart P of the Regulations. (T. 17, 18).
At Step Four, the ALJ concluded the Plaintiff did not have the RFC to perform his past work as a CNA (work that is classified as medium to heavy) and therefore, Plaintiff was unable to perform his past relevant work. (T. 19). At Step Five the ALJ determined that Plaintiff has the RFC to perform at least sedentary, unskilled work. Because the ALJ found that Plaintiff could perform sedentary work, the ALJ concluded that Plaintiff is not disabled within the meaning of the Social Security Act.
Plaintiff claims that the ALJ erred in finding that Plaintiff had the RFC to perform sedentary work and that Plaintiff was not entirely credible. Plaintiff also claims that the ALJ made an inconsistent determination that Plaintiff had the RFC to perform sedentary work, yet did not have the RFC to perform past relevant work when that included sedentary work as a telemarketer/customer service representative. The Commissioner contends that the ALJ's determination was supported by substantial evidence in the record, including medical evidence and evidence regarding Plaintiff's credibility. The Commissioner concedes that the ALJ erred at Step Four of the analysis, when he found that Plaintiff did not have the RFC to perform past relevant work. However, the Commissioner contends that this error was harmless because the ALJ correctly found that Plaintiff was not disabled at Step Five.
A. The ALJ's Determination that Plaintiff is not Disabled is Supported by the Medical Evidence in the Record
Plaintiff contends that the ALJ improperly found that he was capable of sedentary work because the objective medical evidence does not support that conclusion. Plaintiff points to recommendations made by Drs. Hamill and Capicotto for surgery to correct his disc herniations and scoliosis, and a statement made by Dr. Hamill on March 7, 2005 that the Plaintiff was "quite debilitated by his condition." (T. 228, 397, 391). Plaintiff concludes that the ALJ improperly failed to consider this evidence, which supports his contention that he is incapable of sedentary work. The Commissioner contends, however, that the ALJ considered all of the Plaintiff's symptoms of back pain and dizziness, to the extent which they could reasonably be accepted as consistent with the objective medical evidence and other evidence. (T. 18). The Commissioner states that the substantial evidence in the record supports the ALJ's decision that Plaintiff is capable of sedentary work, and therefore is not disabled.
Treating source records support the ALJ's determination that Plaintiff is able to perform sedentary work. In October 2003, one month after Plaintiff's alleged disability onset date, treating physiatrist Dr. Cowan released Plaintiff for light duty work. (T. 145). Plaintiff's pilates rehabilitation treatment records show that Plaintiff "made good progress" (T. 112). On January 7, 2004, Dr. Cowan felt that Plaintiff only had "a mild degree of disability regarding his lumbar spine." (T. 142). At that time, the doctor only restricted Plaintiff with respect to his job as a CNA, stating that Plaintiff should "avoid patient transfers" and "is really suitable only for light duty types of work." (Id.). Dr. Cowan never prohibited Plaintiff from sedentary work and even opined that he could do "light" work. (Id.).
Examining source records also support the ALJ's finding that Plaintiff is not disabled. In September 2004, consultative physician Dr. Holland opined that Plaintiff had "a moderate limitation to heavy lifting, twisting, and prolonged standing."
(T. 157). Such restrictions would not preclude Plaintiff from performing the requirements of sedentary work, as sedentary work does not require heavy lifting, twisting, or prolonged standing.
20 C.F.R. §§ 404.1567(a), 416.967(a).
Other evidence also supports the ALJ's finding that Plaintiff was able to perform sedentary work. On January 24, 2006 Plaintiff was seen at the Roswell Park Cancer Institute where he complained of vertigo and dizziness. (T. 402-403). Plaintiff was examined again in March 2006 and was assessed a score of 90 on the Karnofsky Scale, which indicates that he had only minor symptoms. (T. 399). A score of 90 means that Plaintiff was able to work and carry on normal activity and nearly normal functioning. (Id.). In February and March 2006, Dr. Hamill noted that Plaintiff was in no apparent distress. (T. 393, 391). Although Dr. Hamill discussed surgical intervention with Plaintiff, he also suggested non-surgical alternatives which Plaintiff disregarded. (T. 391-92). I find that the ALJ correctly determined, from the medical evidence in the record, that Plaintiff is not disabled.
B. The ALJ's Determination that Plaintiff's Limitations were not Fully Credible is Supported by Evidence in the Record
Plaintiff contends that the ALJ wrongfully disregarded his testimony regarding his limitations with prolonged sitting and his need to lie down during the course of the day. In support of this claim, Plaintiff cites Social Security Ruling 96-7P: Policy Interpretation Ruling for Titles II and XVI: Evaluation of Symptoms in Disability Claims: Assessing the Credibility of an Individual's Statements, which sets forth a list of factors that an adjudicator must consider when assessing the credibility of an individual's statements. Plaintiff contends that the ALJ's credibility finding was neither grounded in the evidence, nor properly articulated in his decision, as required by the policy ruling.
In determining that Plaintiff was not disabled, the ALJ considered Plaintiff's testimony regarding his symptoms. In evaluating the Plaintiff's credibility, the ALJ concluded that Plaintiff's medically determinable impairments could reasonably be expected to produce the symptoms alleged by Plaintiff, but that the Plaintiff's statements concerning the intensity, persistence and limiting effects of these symptoms were not entirely credible. (T. 18). The ALJ found that Plaintiff's testimony as to his debilitating pain was not supported by the objective medical evidence because the treatment notes from Dr. Rodriguez show that his pain was at the mild to moderate level and responded to treatment. (Id.). This is also consistent with the report from Dr. Holland, stating that Plaintiff could not perform heavy lifting or prolonged standing or walking. (Id.). When Plaintiff stopped attending pilates rehabilitation, he indicated that he could sit for as long as he liked and walk up to a mile. (T. 114). This is consistent with the ability to perform the requiremetns of sedentary work. See 20 C.F.R. §§ 404.1567(a), 416.967(a). The ALJ concluded that while Plaintiff suffers from pain, the intensity of the pain would not preclude the performance of at least sedentary work. (Id.). Also, Dr. Cowan opined that plaintiff had only a "mild degree of disability regarding his lumbar spine" and that he could do light duty work. (T. 142).
I find that the ALJ properly determined that Plaintiff was not entirely credible. Plaintiff's subjective complaints of pain and related limitations were not supported by the medical evidence. The record also contained Plaintiff's inconsistent descriptions of his marijuana use. In September 2004 Plaintiff wrote on a form that he does not use any recreational drugs. (T. 72-73). That same month, however, he indicated to Dr. Holland that he has used marijuana continuously since 1988. (T. 155). During the same period, chiropractic treatment notes show that Plaintiff denied using any drugs (T. 202). Plaintiff also submitted records from Erie County Medical Center, which also confirm that he used marijuana. (T. 100). The ALJ properly considered this inconsistent testimony in weighing the credibility of Plaintiff's testimony regarding his symptoms.
C. The ALJ Erred at Step Four in Finding that Plaintiff did not have the RFC to Perform Past Relevant Work
Plaintiff claims that the ALJ erred in finding that Plaintiff had the RFC to perform sedentary work, when at Step Four the ALJ found that Plaintiff did not have the RFC to perform past relevant work which included sedentary work as a telemarketer/customer service representative. (T. 55, T. 447). The Commissioner contends that this oversight had no significant impact upon the ALJ's ultimate decision because the ALJ correctly determined at Step Five that Plaintiff was not disabled, although his analysis should have stopped at Step Four by finding that Plaintiff did have the RFC to perform past relevant work. While the ALJ did err in failing to consider Plaintiff's past relevant work as a telemarketer/customer service representative, the error is harmless because it does not affect the outcome or validity of the ALJ's determination. See Allen v. Barnhart, 357 F.3d 1140, 1145 (10th Cir. 2004) (finding that it is appropriate to supply a missing dispositive finding on account of harmless error where based on material the ALJ did consider, no reasonable administrative factfinder, following the correct analysis, could have resolved the matter in any other way), Getch v. Astrue, 539 F.3d 473 (7th Cir. 2008) (holding that the ALJ's failure to consider at Step Four of the analysis whether claimant could return to his past relevant work was not harmless, where the ALJ did not conduct Step Five of the analysis to determine whether claimant could perform other jobs in the national economy), Cf. Barringer v. Comm'r of Soc. Sec., 358 F.Supp.2d 67, 83 n. 26 (N.D.N.Y. 2005) (noting that an ALJ's incorrect rendition of facts in the record is nothing more than harmless error where his credibility assessment is amply supported by other substantial evidence), I find that the ALJ was correct in determining that Plaintiff has the RFC to perform sedentary work, and therefore is not disabled. In making that finding, the ALJ properly relied upon the services of a vocational expert in determining the transferability of work skills and the specific jobs in which an individual's work skills can be used. 20 C.F.R. §§ 404.1566(e), 416.966(e). Here, the ALJ availed himself of the expertise of vocational expert James M. Ryan, Ph.D. with 35 years experience in his field. (T. 40).
Substantial evidence in the record supports the ALJ's finding that Plaintiff was not disabled within the meaning of the Act. Therefore, I grant the Commissioner's motion for judgment on the pleadings, and deny Plaintiff's motion for judgment on the pleadings. Plaintiff's complaint is dismissed with prejudice.
Rochester, New York
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The Buenos Aires and Sao Paolo offices of HVS, the global leader in hospitality and tourism consulting, are proud to announce that they are currently organizing the 1st South American Hotel & Tourism Investment Conference, which will take place September 29-30, 2008 at the Hilton Buenos Aires, Argentina.
The 1st South American Hotel & Tourism Investment Conference, declared of interest by the "Secretaría de Turismo de la Nación" [National Tourism Office of Argentina], will be the first step in an event that will take place each year in a different major city of South America.
According to Arturo García Rosa, President of HVS Buenos Aires, "Tourism is the great development alternative for most of the South American countries, and the economies have been experiencing steady and strong growth, presenting a promising future for the upcoming years. Based on our wide experience in these events and the tourism boom in the region, we believe that it is time to launch this first edition of the South American Conference.
"This event – which will be similar to the conferences held each year in New York, Los Angeles, Berlin, and Dubai – is destined to become a major forum for the business and investment world to explore opportunities for hotel and tourism projects in South America, " Rosa continues.
Through general and breakout sessions, the Conference program aims to:
- Garner critical knowledge of hotel and tourism projects, including their potential, specifications, viability, and requirements;
- Generate a strong exchange among owners, investors, suppliers, financing sources, operators, franchisers, and other industry players, thereby contributing to a better and easier business fulfillment;
- Review the experiences of similar projects around the globe;
- Offer industry expertise to adapt the presentation of projects to meet market requirements;
- Facilitate networking between developers and financial resources.
The Conference will summon the most important regional and world players involved in the development of investments in the hospitality industry: Hotels, Resorts, Mix-Used Projects, Branded Residences, Condo Hotels, Casinos and Entertainment, Marinas, and so forth.
"It is our goal to formulate a specialized event focused on attracting hospitality professionals of diverse backgrounds, including developers and owners, investors and bankers, as well as public and private decision-makers in order to foster the exchange of ideas on pertinent industry topics," added Garcia Rosa. "Additionally, we aim to explore the tools necessary to achieve faster growth and projects that would be most feasible based on the current demands of the domestic and international tourist."
In addition to a program that will provide valuable insight for those who are interested in taking advantage of the investment opportunities in the region, this unprecedented event will offer networking opportunities, cocktail gatherings, and gala dinner parties – a unique opportunity to meet with the industry's influential leaders, developers, and trendsetters.
For further information and to obtain a program schedule, visit www.sahotelconference.com
About HVS
HVS Global Hospitality Services is the leading consulting firm dedicated to the hotel, tourism, and leisure industries. Founded by Steve Rushmore in 1980, HVS currently has 24 strategically located offices around the world and a staff of over 300 highly trained consultants to fulfill a wide range of requirements related to the industry.
The Buenos Aires office of HVS actively works in the Latin American market, offering a wide range of services to both the hotel industry and tourist destinations. Led by Arturo García Rosa, it focuses on the development of new projects in the entire region, including countries such as Chile, Peru, Ecuador, Colombia, Venezuela, Panama, Costa Rica, Bolivia, and Paraguay, among others. For further information, please contact:
Corina Holste, HVS Buenos Aires
Tel: + 54 11 4515-1461
Email: firstname.lastname@example.com
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Collection Coptic Orthodox Liturgical Chant and Hymnody
Results: 1-1 of 1 | Refined by: Part of: Coptic Orthodox Liturgical Chant and Hymnody Remove Original Format: Audio Recordings Remove Subject: Gillespie, John Remove
CollectionDivine liturgy of St. Basil with its hymns John E. Gillespie collection of Coptic mass recordings - Coptic liturgy of St. Basil as recorded by the Coptic Institute of Studies in 1967 under the direction of Ragheb Moftah sound recording | 8 sound tape reels: analog, 15 ips, mono.; 10-inch | Congregation Responses: The Institute of Coptic Studies Choir (Performers). Deacon Responses: Sadiq Attallah (Performers). Priests: Father Marcus Girgis of Matai, Father ...
- Contributor: Girgis, Father Marcus of Matai - Attalah, Sadiq - Gillespie, John E. - Moftah, Ragheb - As-Suryani, Father Shenouda [his Holiness Pope Shenouda Iii] - Father Gregoriuos - Aziz, Father Ibrahim - Institute of Coptic Studies Choir - Coptic Church
- Date: 1967


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Please adopt /etc/vendor
Posted on | January 5, 2009 | 4 Comments
If you package and distribute any kind of POSIX operating system (i.e. it has an /etc), please consider adding a file named /etc/vendor with the following format to your offering:
DistroName DistroVersion DistroDomain
An Example:
Foonix 1.23 foonix.com
One of the biggest headaches for anyone hoping to support as many free operating systems as possible is teaching a program to find out just WHAT operating system its running on. Digging through /etc/redhat-release, /etc/issue, /etc/issue.net and the dozen other possibilities just sucks.
I can't believe we've come this far and not one standard file to identify a vendor and release has been adopted. Something so simple makes writing very portable applications rather maddening
Tags: Free Software > frustrating > GNU > good ideas > Ideas > Linux > Programming > Rants > recommended
4 Responses to "Please adopt /etc/vendor"
January 5th, 2009 @ 2:43 am
I am facing that very maddening thing in my Linux system programming and operating systems lab, mostly for the fact everything is going over my head …
Simple things like that would definitely save a lot of time and frustration and maybe grades too !!
January 5th, 2009 @ 3:09 am
Sometimes the simplest of things just fall through some crack. For instance, you will likely soon need to discover how many times your kernel ticks per second .. in order to properly divide exported /proc units to get a number you can work with Hint, sysconf() is not going to work, no user space interface exists to obtain this value, unless you just want the value of clock_t.
That being said, Linux (and most Unix like operating systems) are still the most developer friendly systems to work with, you'll have fun with this course in your studies.
THAT being said, I want my vendor neutral /etc/vendor file Three fields .. you'd think they could manage it?
January 5th, 2009 @ 3:15 pm
LSB specifies the file /etc/lsb-release. On my Ubuntu system, this contains the following:
DISTRIB_ID=Ubuntu DISTRIB_RELEASE=8.10 DISTRIB_CODENAME=intrepid DISTRIB_DESCRIPTION="Ubuntu 8.10″
January 5th, 2009 @ 8:20 pm
Though I have mixed feelings about some parts of the LSB, I think that most of it makes sense. I am especially fond of the new application checker which is really handy to point out potential portability issues. Unfortunately, it seems to have been taken seriously only in the last year with regards to minute details like this. For instance, the entry does not exist in CentOS 5, earlier versions of Debian / Ubuntu and others. Not sure about Fedora 9, but I think FC3 – FC8 also lack it. Then there is Slackware and its kids, various scientific blends and more.
Then we have the BSD's .. and emerging OS's that might not be very "Unix Like", but offer a relatively POSIX compatible C library for userspace.
I think its really funny that this problem has lingered for so long
Leave a Reply


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The constellation of the Crow, which is located near the Crater/Cup, recalls the shape of a sail. It represents the daughter of Phlegyas, king of the Lapiths, loved by Apollo. According to Epidaurus, she was actually called Egla, nicknamed Koronis, meaning the "crow".
According to a different myth, Coronis was the daughter of Coronaeus, King of Phocis, who was turned into a crow by Athena, to help her escape the lusts of Poseidon.


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I have a child and she was in fifth grade and her teacher told her she needed to go to summer school and they told her in summer school that they were going to sent by mail if she passed its September 6, 2013 and she starts school on september 9 and they just sent her what class she is going to and it said nothing if she passed. Did my child pass please can anyone ask a teacher or someone that knows about thisIn Topics: School and Academics
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In addition to debit cards, credit cards, and bitcoin, Steam now supports net banking and digital wallets in India. This was discovered by eagle eyed Redditors earlier today. These local payment options are handled by Novaplay — a gaming company started by e-sports firm Nodwin. Nodwin CEO Akshat Rathee who is also Novaplay's co-founder had told Gadgets 360 that this ... Read More »
Uncharted: The Lost Legacy Revealed at PlayStation Experience 2016
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Marvel vs. Capcom Infinite Announced at PlayStation Experience 2016
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The very best PlayStation 4 and PS4 Pro deals for Black Friday 2016
If you want the very best PlayStation 4 and PS4 Pro Black Friday deals this year then you've come to the right place my friend. T3's deals patrol has been hard at work scouring retailers worldwide for hot Black Friday deals and, as usual, they haven't disappointed. In its svelte new casing, the new PlayStation 4 Slim is a fast, ... Read More »
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Amazon Exploring Live Sports Streaming for Prime: Report
Amazon.com Inc is exploring live sports streaming and has held talks with leagues including the National Basketball Association, Major League Baseball and the National Football League for live game rights, the Wall Street Journal reported, citing sources. Amazon has held discussions to create a premium, exclusive sports package with a Prime membership. However, details are still not clear, the Journal ... Read More »
Lenovo Vibe K6 Power India Launch Expected Soon
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Hayao Miyazaki to Come Out of Retirement for Another Film
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OnePlus Pixel Spotted on Geekbench Ahead of OnePlus 3T Launch
OnePlus had confirmed earlier that it would focus on its flagships solely, and will not indulge in making other smartphones alongside. However, the company has announced a smartphone launch on November 15, and a fresh Geekbench listing now hints at yet another OnePlus smartphone in the works. A certain 'OnePlus Pixel' Geekbench score has been spotted, revealing specifications as well. ... Read More »


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Rupert Sanderson
Rupert Sanderson
These plush, rich golden-brown velvet sandals (lined with soft leather) have a comfortable mid-heel—perfect for dressing up jeans.
- Velvet, leather
- Approximately 3" heel
About the brand
London-based Rupert Sanderson bailed on a career in advertising to travel Europe studying shoes and working for some of Italy's most famous designers. When it comes to his own line (launched in 2001), he relies on clean shapes and streamlined heels, focusing on designs that lengthen legs and are comfortable to walk in.
Return Policy
Returns are accepted on this product within 30 days of the delivery date. Item must be returned unused, with tags, in its original packaging, along with a completed return form.
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Hazleton Area High School
- Repaired high school gym floor makes debutstandardspeaker.com
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- Hazleton Area sees 6-point jump in Keystone exam scoresstandardspeaker.com
- Hazleton Area sees 6-point jump in year-to-year performance scorestandardspeaker.com
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- Homecoming events still scheduled for Thursdaystandardspeaker.com
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- Hazleton Area schools score failing gradestandardspeaker.comAllentown
- Friend starts fundraiser for Foster Twp. fire familystandardspeaker.com
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- City teen cited for threatening HASD studentstandardspeaker.com
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I'm currently finding out if I can actually replace my laptop with my smartphone for a two week vacation. My Lenovo X200 is tiny, but hiking in the Andes I don't want to carry it in my pack.
So I've turned to my trusty HTC Touch Pro running Windows Mobile 6.1 I've tricked it out pretty well with what I need. I can VPN in to my work network and RDP to my computer if I have to. I have two sixteen GB micro SD cards from Sandisk, one of which I loaded with music and video (If you want to know just how geeky I am these are downloaded off of my DVR and re-encoded to be viewed on the small screen) and the other contains all of my current files for work in case I need them.
The HTC Touch Pro has a slide out keyboard. I'm also bringing my beloved ThinkOutside Bluetooth keyboard because I can touch type on it. I have a spare battery for both plus an external battery that charges anything with a USB port.
The phone has WiFi so I can check mail from Internet cafes and hotel lobbies. It's unlocked and I have a pay-as-you-go Telefonica SIM left over from when I was in Spain in December.
What do you think? Could you leave your laptop behind?


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Speak directly to a Registered Dietitian to get answers to your nutrition and healthy eating questions. This service is free to everybody who lives in Ontario. Call toll-free:
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My Menu Planner
Category: After school snacks, grades 4-6
Preparation Time: 10 minutes
Serving Size: 25 mL (2 tbsp)
Makes: 750 mL (3 cups)
Tip #1: If you like your hummus tangy (sour), add more lemon juice.
Tip #2: You can also use a mortar and pestle for a chunky hummus.
Nutritional Information (per serving): Calories: 61 kcal, Protein: 2 g, Fat: 3 g, Carbohydrate: 6 g, Fibre: 2 g, Sodium: 136 mg
Last Update – December 23, 2013
If you have questions about what you've read here, or other questions about food, nutrition or healthy eating, click to email our Registered Dietitians or call 1-877-510-5102.
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